The Placer herald., 1864-08-06
Kentucky Resolutions of 1898.
Drafted by the pen of Thomas JeferSon

OTyted W me pen Of IhoWGS JeHerS0n.
Resolved, That the several States composing
! the United States OF America, are not united on
| the principle Of unlimited submission to TIL Gen.
cral Government, but that by a compact under
! the style OF Constitution for the United States,
and oil amendments thereto, they constituted II
General Government for special purposes, dele
| gated to that Government certain delntivc pow
ers, reservlng each State to iusclf the re- duary
mass OF right to their own sell-9overnment. and
| that whatsoever the General Government assumes
undelegated powers. its acts are unauthorized,
void and OF no iorce that to this compact each
State acceded as State and is an integral party;
and ITS CO. Mates forming, as to itself, the other
party; and the Government, created by this com
pact, was not made the exclusive or lnal Judge of
the extent of the powers delegated TO itself; since
that would have made its discretion, and not the
constitution, the measure Of its powcrs but that
a~ in all other cases oil compact, among powers
having no common Judge. each party has an
equal right to judoe for itself rs well Of inirac
tons us oil the mode and measure OF redress
2 ReS0ioed, That the constitution of the Unit
ed States having delegated TO Congress power
to punish treason for count teriitiuS the securities
and current coin OF the United States, piracies
| and ielonies committed on the high seas and Of
fences against The law Of nations, and no other
crime whatsoever. and it being true, as general
principle and one OF the amendments to the con-
! stitution having also declared "that the powers
| not delegated to the United States by the con-
! stitution. nor prohibited by it to the States. are
reserved to the States respectively, or to the
| people," therefore, the Act of Congress. passed
on the l4th day OF July. l79S,' and entitled "an
act IN addition 10 the act entitled an act or the
| punishment oi certain crimes against the United
States" as also the act passed by them on the
27th Of June. 1898, entitled Ian act to punish
frauds committed on the bank Of the United
States (and all Of their other acts which as.
sumes to create, define. punish crimes other
;han those enumerated in the constituton,) are
altogether void and OF no force and that the
power 10 create, define. and punish such other
crimes is reserved. and OF right appertans solely
and exclusively to the States each within its own
territory.
3. Re5oiced, That it is true, as Il general prin-
ciple, and is also expressly declared by one OF
| the amendments TO the constitution, that the
"powers not delegated to the United States by
the constitution. nor prohibited by tito the States
arc reserved to the States respectively, OF to the
| people;' and that no power over the freedom oil
religion, freedom OF speech or freedom OF the press
being delegated to the United States by the con
sntuiion, nor prohibited by it to the States, all
lawful powers respecting the same did oil right
remain, and were reserved 10 the States the
people; that thus WAS manifested their determI-
nation to retain to themselves the right OF judg-
log how Tar the RIGHTEOUSNESS OF speech and Of
| the press may be abridged without lessening their
| usclul freedom; and how far those abuses which
cannot be separated from tEeir usc should be.
tolerated rather than the use be destroyed and
thus also they guarded against all abrdg gment.
by the United Stutes, OF the freedom OF rel glOus
opinions and exercises, aud retained to themselves
the right OF protecting the same, rs This State,
| by Il law passed on tie general demand OF its
citizens, had already protected them from all
human restraint or interference; and that, in adj
dition TO this general principle and express dc
clarltion. another and more special provision has
been made by one OF the amendments to the
constitution which expressly declares. that Con
glcSS shall make no Law respecting an establish
mcnt OF rcligion or prohibiting the free exercise
thereof, or abridging The freedom OF speech or OF
the press. thereby guarding in the same sentence,
and under the same words, the freedom OF rcll-
oon, OF speech. and OF the press. insomuch, that
whatever violated either, throws down the sane
tuary which covers the others, and that llbels,
1Lscho0ds aud defamation, equally with heresy
and false religion. are withheld from the co9ni-
Zance OF Federal tribunals. That therefore the
act Of the Congress oil the United States passed
on the l4h OF July, 1898, entitled IAN act in
aldlio ion to the act entitled an act or the punish
ment OF certain crimes against the United States
which does abridgc the freedom OF the press is
not law, but is altogether void and Of no force.
4. Rcsolucd, That alien fl lends are under the
jurisdiction and protection OF the laws OF the
states wherein they are; that no power over them
has been delegated TO the United States. nor
prohibited to individual states distinct from their
pow er over citizens, and it Icing true, as Il gen
cra principle and one Of the amendments to the
constitution having also declared that 1.-THE pow
ers not delegated TO the United States are rcscrv-
ed to the states respectively, OF to the people"
the act Of the Congress Of the United States,
passed the 22d day OF July, 1913. assumes power
over aliens not delegated TO the constitution, Is
not law, but is altogether void and OF no force.
5. Resoircd. That in addition to the general
principle us well az the express declaration, mat
powers not delegated are reserved another and
ton, from abundant caution has declared that
'the migration or importation OF such persons rs
any OF the States now existing shall think proper
to 'dmit shall not be prohibited by the Congress
prior to the year lS0S7 that this commonwealth
does admit the migration of alien friends descrb
cd as the subject OF the said act concerning aliens;
that provision against prohibiting their mg"-
tion is Il provision against all acts equivalent
thereto. or it would be nugatory; that to remove
them when migrated is equivalent to the proh-
btion OF their grafton, and is, therefore con-
trary TO the said provision OF the constitution,
and void.
6. RrsOlued, That thcimprsonmeni OF person
under the protection Of the laws Of this common
wealth on his failure to obey the simple order OF
the President to depart out OF the United States,
rs is undertaken by the said act entitled IAN act
concerning aliens is contrary to the constitution,
one amendment to which has provided that mo
person shall be deprived OF liberty without due
process OF law" and that another having pro-
vided, that in All criminal prosecutions the ac-
) cused 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
the witnesses against him, to have compulsory
process for obtaining witnesses in his favor. and
to have he assistance OF counsel for his defence.
the same act undertaking to authorize the Presl-
dent to remove person out oil the United States
who is under the protection OF the law. on his
own suspicion without accusation, without jury,
without public trial. without conformation OF the
witnesses against him, without hearing witnesses
in his favor, without defence, without counsel. is