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

their procecdingS) to those parts OF the coasttu-
ton Of the United States. which delegate 10
| Congress power to lay and collect taxes duties
imposts excuses; to pay the debts and provide for
the common defence and general welfare OF the
United States. and TO make all laws which shall
be necessary and proper for carrying into eXecu-
ton the powers vested by the constitution ia the
Government of the United States, or ia any do
partment or officer thereof. goes to the dnsruc-
ton OF all limits prescri ed 10 their power by the
! constitution that words meant by the Instrument
to be subsidiary only to the execution OF limited
| powers, ought not to be so construed rs them
selves to give unlimited powers. nor p,yt Of
| them to be tAken as TO destroy the whole residue
OF the instrument. That the proceeding OF the
| Gen rll Government under color Of those articles
| will be fit and necessary subject for revi,, and
correo Ion at u time of great tranquility, while
those specified in the preceding resolutions call
for immediate redress.
8. ResoiUcd, That the preceding resolutions be
| transmitted to the Senators and Representatives
in Congress from :he commonwealth, who are
| enjoined to present the same to their respective
houses, and to use their best endcavors to pro-
cure at the next session of Congress a repeal OF
the aforesaid unconstitutional and obnoxious acts.
Resolved, 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 1t is sincerely anxious for its pre-
servation; that it does also believe. that to take
from the States all the powers of self-goverl-
ment, and transfer them to general and cons0l-
ldated government, without regard to the special
delegations and reservations, socmnly 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 co states are, to submit to undele-
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
ernment may place any act they think proper on
the list OF crimes and punish it themselves,
whether enumerated or not enumerated by the
constitution coguizable by them, that they may
transfer its cognzance 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. bis officer
the eXecutoncr, and his breast the sole record of
! the transaction, that Il very numerous and valua-
bic description Of the Inhabitants of these States.
being by this precedent reduced as outWs to the
absolute dominion of one nun. and he barriers
OF the constitution thus swept from us all. no
rampant now remains against the passions and
the power of a majority of Congress TO protect
from a like expectation other glievous pun
ishment the minority OF the same body. the legis-
! latures judges, governors and counsclOls 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. or marked by the suspicious of the
President, OF to be thought dangerous to his or
their election or other interest, public or person
al; that the trendless alien has been selected rs
the safest subject of first experiment, but the
citizen will soon follow. or rather has already
iolowed for, already has sedition act marked
him rs 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
prctcXts for those who wish it TO be believed that
| man cannot be governed but by rod of iron:
| that it would be a dangerous delusion were
confidence in the men OF our choice to silence
our fears Tor the safety Of our rights: that con
! hdence is everywhere the parent OF dcspOtiSm:
free government is founded in jealousy and mol
in confidence; it is Jealousy and not confidence
| which prescrbGs limited constitutions TO bind
| down those whom are obliged to trust with
power, that our constitution has fixed the limits
| to which. and no further our confidence may 20:
| and let the honest advocate OF confidence read
! the alien and scdition acts and say ii the const-
| ton has not been wise in fixing limits to The gov
ernment it created, and whether we should be
|
what the government is, if it be not a 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 sran
| gers to whom the mild spirit OF oar country and
its laws have pledged hospitality and projections;
that the men OF our choice have more respected
the bare suspicious OF the President than Tue solid
rights OF innocence, the claims o 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 i'll man.
| but bind him down from mischief by the chains
Of the constitution. That this commonwealth
! does therefore call on its co-staLes for an express
sion OF their sentiments on the acts concerning
| aliens, and for punishment of certain crimes
| herenbeiore 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 as to prove their attachment
| unatered to limited government, whether gen
eral or PAL tcular and that the rights aud liber-
ties OF their costates will be exposed to dan
| gers by remaining embarked on 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
| an undsguised 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 as Selling 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 co-states 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-