The Placer herald. [volume] (Auburn, Placer County, Calif.) 1855-1991, 1864-09-17

their proceedings) to those parts Of the constitu
ton Of the United States, which delegate to
Congress power to lay and collect taxes, du ties
imposts, excuses; to pay the debts and provide for
the common defence and general welfare of the
United States and 10 make all laws which shall
be necessary and proper for carrying into execu-
| ton the powers vested by the constitution in the
Government of the United States, or in any de-
parlment or officer thereof, goes to the destruc-
ton OF all limits prescribed to their power by the
constitution that words meant by the instrument
to he subsidiary only to the execution of limited
| powers. ought not to be 80 construed as them
| selves to give unlimited powers, nor q part of
them to be taken, as to destroy the whole residue
OF the instrument. That the proceeding of the
| General Government under color of those articles
will b.: fit and necessary subject for revisal and
correction N i time Of great tranquility, while
those specified in the preceding resolutions call
| for immediate redress
| 8. Resolved That the preceding resolutions be
transmitted to the Senators and Representatives
in Congress from the commonwealth who are
enjoned to present the same to their respective
houses, and to use their best cndeavOrs to pro-
cure at the next session of Congress a repeal of
the aforesaid unconstitutional and obnoxious acts
Resoiued lastly, That the Governor Of this
commonwealth be, and is authorized and request
ed to communicate the preceding resolutions to
the legislatures of the several States, to assure
them that this commonwealth considers union for
specified national purposes, and particularly for
those specified in their late Federal compact, to be
friendly to the peace. happiness, and prosperity
OF all the States-that faithful to that compact,
according to the plain intent and meaning in
which it was understood and acceded to by the
several parties, it is sincerely anxious for its pre-
scrvatOn; that il does also believe, that to take
from the States all the powers of self govern
ment. and transfer them to u general and consOl-
dated government without regard to the special
delegations and reese rvations, solemnly agreed to
in that compact, is not for the peace. happiness
and prosperity of these States. And that, there
fore, this commonwealth is determined, as it
doubts not its costates are, to submit to undee
gated and consequently unlimited powers in no
man, or body OF men, on earth; that if the acts
before specified should stand, these conclusions
would grow from them, that the General Gov
eminent may place any act they think proper on
the list of crimes and punish it themselves
whether enumerated or not enumerated by the
constitution cognizabe by them, that they may
transfer its cognizance, to the President or any
other person, who may himself be the accuser
counsel, judge and jury, whose suspicious may
be the evidence, his order the sentence, his officer
the executioner and his breast the sole record of
the transaction, that 4 very numerous and valua-
bic description Of the inhabitants of these States
being by this precedent reduced as outlws to the
absolute dominion of one man, and the barriers
OF the constitution thus swept from all, no
rampant now remains against the passions and
the power OF Il majority of Congress to protect
from like expectation or other grievous pun
ishment the minority of the same body, the legis
laures. judges governors and counseors of the
States, nor their other pcaceable inhabitants who
may venture to reclaim the constitutional rights
and liberties of the States and people. or who
for other causes good or bad, may be obnoxious
to the views, marked by the suspicious of the
President, or to be thought dangerous to his or
their election or other interest, public or person
al; that the friendess alien has been selected rs
the safest subject of first experiment, but the
citizen will soon follow. or rather has already
followed; for, already has sedition act marked
him as its prey. That these aud successive acts
of the same character, unless arrested at the
threshold may tend to drive these States into
revolution and blood, and will furnish new calum-
MES against republican government and new
preteXts for those who wish it to be believed that
man cannot be governed but by u rod of iron;
that it would be dangerous deluson were
confidence in the men Of our choice to silence
our fears for the safety Of our rights; that con-
tdence is everywhere the parent of despotsm;
free government is founded in jealousy and not
in confidence; it is Jealousy and not confidence
which prescribes limited constitutions to bind
down those whom we are obliged to trust with
power, that our constitution has fixed the limits
TO which, and no further our confidence may go;
and let the honest advocate of confidence read
the alien and scditon acts and say If the consti-
ton has not been wise in fixing limits to the gov
ernment it created, and whether should be
Wise III destroying tnO5e ImltS! Leu MIN say
what the government is, If it be not tyranny,
which the men of our choice have conferred on
the President, and the President Of our choice has
asSented to and accepted over the friendly stran-
gers, to whom the mild spirit Of our country and
its laws have pledged hospitality and projections
that the men of choice have more respected
the bare suspicious of the President than the solid
rights OF innocence, the claims of Justification
the sacred force Of truth, and the forms and sub
stance of law and justice In questions OF power
then, let no more be heard of confidence in man.
but bind him down from mischief by the chains
of the constitution. That this commonwealth
does therefore call on its co-sates for express
sion OF their sentiments on the acts concerning
aliens. and for punishment of certain crimes,
hereinbefore specified, plainly declaring whether
these are or are not authorized by the Federal
compact. Aud it doubts not that their sense will
be so announced rs to prove their attachment
unaltcred to limited government, whether gen.
cral or particular, and that the rights and liber-
ties of their co-states will be exposed to no dan
gers by remaining embarked on a common bottom
with their own. But they will concur with this
commonwealth in considering the said acts as so
palpable against the constitution as to amount to
undisguised declaration that that compact is
not meant to be the measure of the power Of the
General Government, but that it will proceed in
the exercise over these states Of all powers what
soever. That they will view this rs scizng the
rights of the states and consolidating them in the
hands of the General Government, with the power
assumed to bind the states. not merely in cases
made Federal. but in all cases whatsoever, by
laws made not with their consent, but by others
against their consent; that this would be to sur
render the form Of government we have chosen
and living under one deriving its power from its
own will, and not from our authority; and that
the costates recurring TO their natural rights in
cases not made Federal will concur in declaring
these void and of no force, and will each unite
with this commonwealth in requesting their re-
peal at the next session of Congress.