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


| ING THE CINCINNATI CONVENTION OF 1856.
Resolved, That the Democratic party will faith.
fully abide by and uphold the principles laid down
in the Kentucky and Virginia Resolutions Of 1898,
| and in the report oil Mr. Madison to the Virginia
Legislature in 1899; that it adopts those princi-
pies constituting one of the main foundations OF
its political creed, and is resolved to carry them
out In their obvious meaning and import Gin
cinnati Platform.
Kentucky Resolutions Of 179s.
Drafted by the pen of Thomas Jefferson.
| Resolved, That the several States composing
the United States of America, are not united on
the principle of unlimited SUI admission to the Cen
| eral Government but that by II compact under
the style of Constitution for the United States,
and of amendments thereto, they constituted a
General Government for special purposes, dele
| gated to that Government certain dehnitive pow
ers, reserving each State to inself the residuary
mass of right to their own self-government, and
| that whatsoever the General Government assumes
undelegated powers, its acts are unauthorized,
void and of no force; that to this compact each
State acceded rs 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, 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 rs we'll of infrac
| tions as OF the mode and measure Of redress.
| 2. Resolrcd, That the constitution of the Unit
ed States having delegated to Congress power
to punish treason for c0unterf"itng the securities
| and current coin of the United States, piracies
and felonies committed on the high seas and Of
fences against the law Of nations, and no other
crime whatsoever. and it being true, as 4 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-
g itutiOn prOhibifnl Nv II 70 tbo f,fo
reserved to the States respectively, or to the
people," therefore, the Act of Congress, passed
on the l4th day of July, 1885," and entitled "an
act in addition to the act entitled an act for the
punishment OF certain crimes against the United
States" rs also the act passed by them on the
9th of June. 1898, entitled ian act - punish
frauds committed on the bank of the United
States (and all of their other acts which as
sumes to create. define. or punish crimes other
than those enumerated in the constitutional are
altogether void and of no force, aaa mat the
power to create, define, and punish such other
crimes is reserved. and Of right appertains solely
and exclusively to the States, each within its own
territory.
3. Resolced, 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
rel gion freedom of speech or freedom of the press
being delegated to the United States by the con-
stitution, nor prohibited by it to the States, all
lawful powers respecting the same did Of right
remlin, and were reserved to the States or the
people; that thus was manifested their determ
nation to retain to themselves the right OF judg-
ing how far the Righteousness of speech and 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 Sotes, of the freedom of religious
opinions and exercises, and retained to themselves
the right OF protecting the same, as this State,
by a law passed on the general demand of its
had already protected them from all
human restraint or Interference; and that, in adj
dtion to this general principle and express de
claratiOn another and more special provision has
been made by one 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 abridging the freedom of speech or Of
the press" thereby guarding in the same sentence,
and under the same words, the freedom of rei-
giOu. of speech, and of the press, insomuch, that
whatever violated either, throws down the sane
tuary which covers the Others and that libels,
fAlschoods and defamation equally with heresy
and false religion are withheld from the cogni-
zance of Federal tribunals. That therefore the
act of the Congress of the United States, passed
addition to the act entitled an act for the punish
ment of certain crimes against the United States"
which does abridge the freedom of the press is
not law, but is altogether void and of no force.
4. Resolued, 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.
prohibited to individual states distinct from their
power over citizens and it being true, as gem
eral principle. aud one Of the amendments to the
ers not delegated to the United States are rescrv-
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.
.. 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 tn. constitu
ton, from abundant caution has declared that
'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 migration of alien friends descrb-
ed as the subject OF the said act concerning aliens;
that u provision against prohibiting their mi gra-
ton is provision against all acts equivalent
thereto or it would be nugatory; that to remove
them when mi grated is equivalent to the proh-
bition OF their migration. and is there fore. con-
trary to the said provision of the constitutions
and void
6. Resoired 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,
rs is undertaken by the said act entitled ian act
concerning aliens " iscontrary 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-
vidcd, 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 the assistance OF counsel for his defence"