The Placer herald., 1865-11-25
Kentucky Resolutions of l798-- Drafted
by Thomas Jefferson


by Thomas Jefferson.
Resolved. That the several States composing
the United States OF America, are not united on
the principle OF unlimited submission to the gen
eral government, but that by a compact under
the style of a Constitution for the United States,
and of amendments thereto they constituted "a
General Government for special purposes, dele
gated to ttat government certain deinitive pow
crs reserving each State to itself the rcsiduary
mass of light to their own self government and
that whensoever the general government assumes
unde gated powers, its acts are unauthorized,
void and OF no force; that to this compact each
state acceded state. and is an integral party;
and its co-states forming as to itself, the other
party; and the government created by this COM
nact 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 eases OF compact, among powers
having no common Judge. each party has an equal
right to Judge for itself as well of iniractons rs
of the mode and measure OF redress.
Resolved, That the Constitution of the United
States having delegated to congress a power to
punish treason. for cOunterfeting the securities
and current coin of the United States. piracies
and felonies committed on the high seas, and Of
fenses against the law OF nations and no other
crime whatsoever and it being true. as a general
principle. and one of the amendments TO the con-
sttution having also declared "that the powers
tuition nor prohibited by il to the states are re-
served TO the states respectively, or to the peo-
pie" therefore. the Act of Congress, passed on
the 18th day of July, 1898, and entitled ian act
in addition to an act entitled an act for the pun
ishment of certain crimes against the United Sta
tes:' as also the act passed by them on the 21th
of June 1898, ''entitled an act to punish frauds
committed on the bank of the United States" (and
all their other acts which assumes to create, de-
fine or punish crimes other than those enumera-
ted in the constitution) are altogether void and
of no force, and that 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.
Resolved. That it is true. as general princl-
pie and is also expressly declared by one of the
amendments to the constitution, that the "powers
not delegated to the United States by the consi-
tuition. nor prohibited by it to the states. are re-
served to the states respectively. OF to the peo-
ple;" and that no power over the freedom of re-
ligon freedom of speech. or freedom Of the press
being delegated to the United States by the con-
sitution, nor prohibited by it to the states, all
lawful powers respecting the same did of right
remain, and were reTeserved to the states or the
people; that thus was manifested their determine
ton to retain to themselves the right Of judging
how far the RIGHTEOUSNESS of speech and of the
press nay he abridged without lessening their
useful trcedom;and how far those abuses which can
not be separated from their use should Se tolera
they guarded against all abrdgment, by the U.
States, Of the freedom of religious opinions and
exercises. and retained to themselves the right #
protecting the same as this state by a law passed
on the general demand OF its citizens had already
protected them from all human restraint or inter
ference; and that, in addition to this general
principle and express declaration. another and
more special provision has been made by one of
the amendments to the constitution, which eX-
pressly declares. that congress shall make no law
respecting an establishment of religion, or pro
hibiting 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 religion of speech,
and of the press, insomuch, that whatever viola
ted either. throws down the sanctuary which COW
ers the others and that libels, ialsehoods and def
amaton, equally with heresy and false religion,
are withheld from the cognizance Of Federal tribu
nails That therefore the act of the congress
of the United States, passed on the 18th Of July,
1898, entitled IAN act in addition to the act enti
tied an act for the punishment of certain crimes
against the United States,' which does abridge
the freedom Of the press is not law, but is alto
gether void and of no force.
Resolved, That alien friends are under the ju-
risdicton and protection Of the laws of the states
wherein they are; that no power over them has
been delegated to the United States. nor prohibi-
ted to individual states distinct from their power
over citizens, and it being true as a genera prin-
e.
ti0n having also declared that 'the powers not
delegated to the United States are reserved to
the states respectively, or to the people" the act
of the congress of the United States. passed the
22ud 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 prin-
ciple as well as the express declaration, that pow
crs not delegated are reserved another and more
special provision inserted in the constitution,
from abundant caution has declared that 'lhe
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 pri
or to the year 1S0S;" that this commonwealth
does admit the migration Of alien friends desolib-
ed as the subject of the said act concerning aliens;
that provision against prohibiting their mi gra-
tion is Il provision against all acts equivalent
thereto or it would be nugatory; that to remove
them when migrated is equivalent to the prohi-
bition of their migration and is therefore. con-
trary to the said provision Of the constitution,
and void
Resolved. That the Imprisonment of a 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 constitu-
ton one amendment to which has provided that
no person shall be deprived OF liberty without due
process OF law" and that another having prov-
dcd, THAT in all criminal prosecutions the accus-
ed shall enjoy the right to public trial by an i'm
partial jury, to be informed of the nature and
cause of the accusation, be confronted with the
witnesses against him, to have compulsory pro-
cess 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 public trial, without conformation of the
witnesses against him, without hearing witnesses
in his favor, without defense, without counsel, is
contrary to these provisions also Of the consttu-
tion, and is, therefore, not a law, but utterly
void, and of no force The transferring the power
of Judging any person who is under the protec-
tion of the laws, from the courts to the President
Of the United States as is undertaken by the same