The Placer herald. [volume] (Auburn, Placer County, Calif.) 1855-1991, 1864-08-27


| ING THE CINCINNATI CONVENTION OF 1856.
Rcsoiped, That the Democratic party will faith
fully abide by and uphold the principles laid down
| in the Kentucky aud Virginia Resolutions of 1898.
and in the report OF Mr.. Madison to the Virginia
Legislature in 1899; that it adopts those prnci-
pies constituting one of the main foundations of
lis political creed, and is resolved to carry them
out in their obvious meaning and import Gin
| cinnoH PLATFORM
Kentucky Resolutions of 1898.
Drafted by the pen Of Thomas Jefferson.
ReSolred, That the several States composing
| the United States of America, are not united on
the principle OF unlimited submission to the Cen
| eral Government. but that by compact under
the style Of Constitution for the United States.
| and oil amendments thereto they constituted
| General Government for special purposes, dele
| gated to that Government certain detnitive pow
ers, res2rving each State to inself the residuary
mass Of right to their OWN self-government and
| that whatsoever the General Government assumes
| undeiegated powers, its acts are unauthorized,
| void and of no force; that to this compact each
State acceded us State. and is an integral party;
and its co-States forming. as to ITSELF the other
party; and the Government, created by this COM
pact was not made the exclusive or final 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 powers; but that
| as in all other cases of compact, among powers
| having no common Judge, each party has an
| equal right to Judge for itself as we'll of infrac-
| tions as OF the mode and measure of redress.
| 2. Resolved, That the constitution of the Unit
| ed States having delegated to Congress power
to punish treason, for countertciing the securities
and current coin of the United States piracies
| and telOnies 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 18th day of July. l79S,' and entitled "an
| act in addition to the act entitled an act for the
| punishment OF certain crimes against the United
States" as also the act passed by them on the
| 21th Of June. 1898, entitled IAN act to punish
| frauds committed on the bank of the United
| States" (and all of their other acts which
| sumes to create. define, or punish crimes other
| than those enumerated in the constitutional are
altogether void and of no force, and that the
| power to create, define. and punish such other
crimes is reserved, and oil right appcrtains solely
and exclusively to the States, each within its own
| territory.
| 3. Re>olred That it is true. as 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 it to the States,
are reserved to the States respectively, or to the
| peoples" and that no power over the freedom OF
being delegated to the United States by the con-
sttution, nor prohibited by it to the States, all
| lawful powers respecting the same did oil right
| remain, aud were reserved TO the States or the
| people; that thus manifested their determ
] nation to retain to themselves the right OF judg
| ing how far the RIGHTEOUSNESS OF speech aud of
the press may be abridged without lessening their
| useful freedom; and how far those abuses which
| cannot be separated from their should be
| tolerated rather than the use be destroyed and
| thus also they guarded against all abridgment,
by the United S,otes, OF the freedom OF reig Ous
| opinions aud exercises and retained to themselves
! the right of protecting the same, as this State,
by law passed on tue general demand OF its
citizens, had already protected them from all
human restraint or inererencc: and that, in adj
dition to this general principle and express de
claration. another and more special provision has
been made by of the amendments to the
constitution, which expressly declares, that Con
gress shall make no law respecting an establish
ment Of religion. or prohibiting the free exercise
thereof, or abrdging the freedom of speech or OF
the press" thereby guarding in the same sentence,
and under the same words, the freedom of reli-
gion, of speech, and of the press insomuch, that
whatever violated either. throws down the sane
tuary which covers the others, and that llbes.
talsehoeds and defamation. equally with hercay
| md false religion, are withheld from the cogni-
zance Of Federal tribunals. That therefore the
act of the Congress of the United States, passed
/ on the Nth of July, 1913, entitled IAN act in
addition to the act entitled act for the punish
ment of certain crimes against the United States"
| which does abrid9e the freedom of the press is
/ not law, but is altogether void and of no force.
+. Resolved, That alien friends 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
power over citizens, and it being true, as gen
| eral principle aud one Of the amendments to the
| constitution having also declared that 1.-THE pow
ers not delegated to the United States are reserv-
| ed TO the states respectively or to the people"
| the act OF the Congress of the United states,
| passed the 22d day of July, 1898, assumes power
over aliens not delegated to the constitution, is
not law, but is altogether void and Of no force.
| 5. Resolved, That in addition to the general
principle as well as the express declaration that
| powers not delegated are reserved, another and
| more special provision inserted in the consitu-
ton, from abundant caution has declared that
| 1.-THE migration or importation of such persons as
any Of the States now existing shall think proper
to admit shall not be prohibited by the Congress
| prior to the year 1852 that this commonwealth
does admit the mi gration of alien friends describ
ed as The subject Of the said act concerning aliens;
| that provision against prohibiting their mi gra-
| ton is a provision against all acts equivalent
thereto, or it would be nugatory; that to remove
| them when mi grated is equivalent to the prohi-
| bilion of their mi grafton and is, therefore, con-
| trary to the said provision of the constitution,
| and void.
| &. ResoIoed, That the Imprisonment 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,
as 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 ght to public trial by an
| imp1rti1l urv tp he informed nj tho M 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 the assistance OF COUNSEL for his Defence
| the same act undertaking to authorize the Presi
| dent to remove person out OF the United States
| who is under the protection of the law, on his
| own suspicion, without accusation, without jury,
| without nnhic trinl. without conformation OF The