East Saginaw courier. (East Saginaw, Mich.) 1859-18??, 1864-09-28


not be separated from their use should
be tolerated rathor than the use be
destroyed, and thus also they guarded
against all abridgement, by the Uni
ted States, of the freedom Of religious
opinions and exercises, and retained
to themselves the right of protecting
the same, as this State by law pass
cd on the general demand Of its citi-
zens, had already protected them from
all human restraint or interference,
and that in addition to this general
principle and express declaration, an
other and more special provision has
been made by one of the amendments
to the Constitution, which expressly
declares that Congress shall make
no law respecting an establishment of
religious or prohibiting the free exer-
oise thereof, or abridging the freedom
Of religion, of speech, and of the
press, insomuch that whatever viola
ted either, throws down the sanctuary
which covers the others, and that Ii
bells, falsehood, and defamation, equal
ly with heresy and false religion, are
withheld from the cognizance Of fede-
raj tribunals. That therefore the act
Of Congress of the United States,
passed on the 18th of July, 1898, en-
titled, "An act in addition to ON act
entitled An act for the punishment Of
certain crimes against the United
States" which does abridge the free
dom Of the press, is not law, but is
altogether void and of no force.
A. Resolred, That alien friends are
under the jurisdication and protection
of the laws Of the State wherein they
are; that no power over them has been
delegated TO the United States, nor
prohibited to the individual State dis
tinct from their power over citizens,
and it being true, as a general princi-
pie, and one Of the amendments to
the Constitution having also declared
that "the powers not delegated to the
United States by the Constitution, nor
prohibited by it to the States, are re-
served to the States respectively, or to
the people," the act Of the Congress
of the United States, passed the 22d
of July, 1898, assumes power over
aliens not delegated by the Constitu-
ton, is not law, but is altogether void
and Of no force.
5. Resolred, That in addition to the
general principle as well as the ex-
press declaration, that powers not del
egated are reserved, another and more
special provision inserted in the Con-
stitution, from abundant caution, has
declared, "that the migration or inn
portation of such persons as any OF
the States now existing shall see prop
er to admit, shall not be prohibited
by Congress prior to the year 1908"
that this commonwealth does admit
the migration Of ulivn friends dos-
cribed as the subject of the said act
concerning aliens; that provision
against all acts equivalent thereto, or
it, would be nugatory; that to remove
them when migrated is equivalent to
the prohibition of their migration, and
is, therefore, contrary to the said pro-
vision of the Constitution, and is void.
6. Resolred, That the Imprisonment
of person under the protection OF
the laws of this commonwealth on his
failure to obey the simple order Of the
President to depart ost of the United
States, as is undertaken by the said
act, entitled, "An act concerning
Aliens" is contrary to the Constitu-
ton, one amendment to which has
provided that "no person shall be de-
prived of liberty without due process
of law" and that another having pro-
vided "that in oil criminal prosecu-
tons the accused shall enjoy the right
to public trial by an impartial jury, to
be informed of the nature and cause
Of the accusation, to be confronted
with witnesses against him, to have
compulsory process of obtaining wit
nesses in his favor, and to have the
assistance of counsel in his Defence y
the same act undertaking to authorize
the President to remove a person out
Of the United States who is under the
protection of the law, on his own sus-
picion, without accusation, without jury,
without public trial, without confron-
tation Of the witnesses against him,
without hearing witnesses in his ia.
vor, without defence, without counsel,
is contrary to these provisions also Of
the Constitution, and is therefore, not
a law, but utterly void, and of nc
force. That transferring the power OF
judging any person who is under the
protection of the laws, from the Courts
to the President of the United States
as is undertaken by the same act con.
cerning aliens, is against tho article Of
the Constitution which provides that
"the judicial power of the United
States shall be vested in the Courts
the Judges Of which shall hold theii
Office during good BEHAVIOR" and the
said act is void for that reason, also
and it is further to be noted that thi.
transfer of Judiciary power is to thai
magistrate Of the General Govern
ment who already possesses all the ex
ecutive, and negative on a!l the legis
lative power.
7. Resolred, That their construction
applied by the charter that defines
them; and that indications have ap
peared of design to expound certain
general phrases (which have been cop.
led from the very limited grant o.
power in the former articles of con
federation, were the less liable to bt
misconstrued) 30 as to destroy the
general government las is evidenced
by sundry of their proceedings) t.
those parts of the Constitution Of Tho
United States, which delegate to Con
gress power to lay and collect taxes
duties, imposts, excises; to pay the
debts and provide for the common de
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