Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1865-10-05

GAILlPOl
tpassed by Congress on the 18th OF
june 1898, giving the President
tpower to order all Aliens whom he
ihad reason to suspect Of treason or
secret Vaccinations against the peace
tof the nation, to leave the territory
tof the United States Within such
time as he should prescribe. This
act was to continue for two years and
is known as the ALLEN Act"
AT the same time Congress passed
what is known as the s'Sedition Act. y
This provided, that if any persons
unlawfully combined or conspired
together to oppose any measure of
the Government, or oppose the oper-
alton of any law, or, should counsel
or attempt 70 procure any insnrrec-
ton or rot, or unlawful assembly,
whether it be successful or not, or if
any one should write or print any
false scandalous and malicious writ
ing against the government of the
United States, or STIR up sedition a
mong the people, or encourage any
hostile designs against the United
/ States, the people or government,
all such persons should be deemed
guilty of high misdemeanor. and
suffer fine and imprisonment, This
act was to continue in force until Sd
March, 1901. .-.f
Botn acts were passed solely to
preserve the peace and good order
of the community, and to avoid the
terrible scenes of bloodshed that
were then convulsing all Europe.
These resolutions the Legislature
of Virginia pronounced .unconstitu-
tional, and against the rights of the
States, in the following resolution,
which is the identical one alluded to,
in the 4th resolution of the Copper
head Democracy of Ohio, and reads
as follows:
sis The VIRGINIA HOUSE, OF DELEGATES, :
PRIDAT, December 81, 1898.
| = -
"ResolUed, That this Assembly doth explie
! lily and per- -emptorIly declare, that it views
the powers of the Federal Government, rs re-
/ suting from the compact to which the States
are parties, as limited by the plain sense and
intention of the instrument constituting that
compact, as no farther valid than they are au-
thorized by the grants enumerated in that
compact; and that in case of deliberate, pal
/ pable, and dangerous exercise OF other powers,
not granted by the said compact. the Stat .s,
who are parties thereto, have the right. and
are in duty bound, TO interpose. for arresting
the progress of the evil, and for mainta ming
within their respective limits the authorities,
rights and liberties apPcrtaiuing TO them.
4
q Resolved, That the General Assembly doth
particularly protest against the ralpable and
1 alarming infraetions Of the Constitution, in
the two late cases of the ALLEN and Sedition
Acts passed at the last session of Congress;
the first of which exercises a power nowhere
delegated to the Federal Government, and
which, by uniting legislative and judicial
powers to those of executive, subverts the
general principles of free Government, as well
as the particular organization aud positive
provisions of the Federal Constitution; and
the other of which acts exercises, in like
manner. a power not delegated by the Con
stitnton, but on the contrary, expressly and
positively forbidden hy one Of the amend-
ments thereto; power which, more than any
other, ought TO produce universal alarm, be-
cause il is levelled against the right Of freely
examining public characters and measures.
and Of free communication among the people
thereon. which has ever been justly deemed
the only eifeetual guardian OF every other
right.
"That this State having by its Convention,
which ratified the Federal Constitution, ex-
pressly declared, that among other essential
rights, 'the liberty of conscience and the press
cannot be cancelled, abridged, restrained, OF
modified by anv authority Of the United
States, and from its extreme anxiety to guard
these rights from every possible attack oi
sophistry and ambition. having with o.heI
States recommended IN amendment for that
purpose. which amendment was, in due time
annexed tc the Constitution, 1t would mark Q
rvproachiul inconsistency, and criminal de-
generacy, if an Indifference were now showr
to the most palpable violation of the rights
! thus declared aud secured; and to the estab
lishment Of precedent which may be fata
TO the other t-sE.. Er-- ..l-
: That the good people of this common
wealth, having ever felt, and continuing tC
feel the most sincere affection for their bfeth
ren Of the other States;the truest anxiety fol
establishing and perpetuatng the Union o
ALL and the most scrupulous fidelity to thai
t Constitution. winch is the pledge OF mutua
friendship, and the instrument of mutual hap
piness; the General Assembly doth solemnly
J appeal to the like dispositions in the othel
States. in confidence that they will concur
) with this commonwealthy in declaring, as i
does hereby declare, that the acts aforesaid
are unconstitutional; and, tnat the necessary
and proper measures will be taken by eael
for cooperating with this State. in msiHtain
, ing unimpaired the authorities, rights, GnC
1 libeities, reserved to the States, respectfully
: or to the people. -
90 Keeper Of Rolls ~
1 We have not space to publish tn,
: responses of several of the States t
: these resolution. Delaware, NeY
: York, Mass, Vermont, Rhode Island
and New Hampshire through thei
Legislatures, at once pronounce,
d them fanatical, dangerous and un
: constitutional, andlwholly disapproy
q ed of them then as they do to day.
Mr.. Madison in q letter to. Nj
It Webster, after his memorable repl.
h ITO ,Hayne, congratulated him on hi
: e mastery defence Of the iGovernmen
against the pernicious doctrine G
b notification, growing out of Stat