The Placer herald., 1865-10-21
Kentucky Resolutions Of l798... Drafted
bv rnomas Jeffeisoa.

erAl government, but that by u compact under
the style OF u Constitution Tor the United States,
and OF amendments thereto they constituted u
General Government Tor special purposes, dele
yui ted to that government certain detniive DOW
crs, reserving each State to itself the residuary
mass OF right to their own self government and
that whensUever the general government assumes
uudeleEated powers, its acts are unaut horiztd,
void aud OF no iorce; that 10 this compact each
state ucccded Us state. aud is an integ ul party;
and its co states forming us to ITSELF the other
party; and the government, created by this com
pact, not made the exclusive final Judge of
the extent OF the powers delegated to ITSELF since
that would have made its disc elton, and not the
constitu lou, the measure of its powers; but that
as in all other Cases OF compact, among powers
having no common Judge. each party has equal
right TO Judge Tor itself as well OF intractions rs
oil I be mode and meas urc OF redress.
Resolved That the Constitution OF the United
States having delegated to congress power to
punish treason. :or counterfeting the securities
and current coin of the United States. piracies
and teones committed on ibe high seas and of.
tenseS against the law oi nations, and no other
crime whatsoever. and II being true as IL general
prime pie. and one of the amendments 10 the con.
stitut ion having also declared THAT the powers
not delegated to the United States by the consti-
tuition. nor prohibited 10y il to the states. are re-
served 10 the states respectively or to the leo.
pie therefore, the Act u Congress. passed on
the l4th day OF July. 1898, and entitled Ian ACT
in addition to an act enttlei an act for the pun
ishment Of certain crimes against the United Sta
tes;'' as also the aci passed by them on the 27th
OF June, 1898. "enttled an act to punish frauds
committed on the bank Of the United States (and
all their other acts which assumes to create, de-
ine punish crimes OF her tn IN those enumcra
,ed in the constitutiOn.) are altogether void and
OF no force and that the power 10 create, define
and punish such other crimes is reserved and of
right apprrtans solely and exclusively to the
al; ltps each within its own territory.
Resolved. That it is true. general princi-
pie, and is also expressly declared by one of the
amendments to the constitution. that the powers
not delegated to the Uuited States Ivy he consi.
tuition. nor prohibited by it to The states re-
served to the states respectively. or to the peo-
ple;' and that no power over the freedom of re
ligiOn. freedom of speech. freedom OF the press
b.ing delegated to the United States by The con-
>titutiou, nor prohibited by it TO the states. all
Lawful powers respecting the same did Of right
rem lin, and were reserved to the states or the
people; that thus was manifested their determine
ton to retain to themselves the right Of judi 9imy
how far the lic"ntiou>ness of speech and OF the
press IN " be abridged without leSseniny their
useful freedom; md how far hose abuses which can
not be separated from their use should he iolrrl
ted rlher than ,h" he destroyed and thus also
they guarle, against all abrdgment. hy the U.
States. Of the freedom OF religious opinions and
EXERCISES. and retained 20 thrmelves the right OF
protecting the same as this STATE. by law passed
on the general demand OF its citizens. had already
prot ectcd them from all human restraint or inter
ference: and that. in addition 10 this general
princip iplr and express declaration, another aud
more sprc Il provision has been made by one OF
the amendments to the constitution. which
nrtssy declares. that congress snail make no law
respecting An establishment of religion. or pro
hibiting the free Exercise thereof. or abridging
tn, freedom OF speech or of the press thereby
guarding in the same sentence. and under the
sun. words the freedom of religion, of speech.
mi of the press, insomuch. that whatever viola
ted either. throws down the sanctuary which COW
ers the oth"rs. and that lDelS ulsehoUds and T.
I'm ,tion. equally with her"sy and false religion.
,re Withhold from th" cOgnizance OF Federal lribu-
ads. That therefore the act OF the congress
Of the United States. pls>e, Oh the 4th of July.
1898, entitled Ian act in addition to thu act en
tied N act for the punishment of certain crimes
" inst the United Slaes,' which uoes abridge
he freedom of the press is not law, but is alto
yether void and of no force.
Resolved, Th,t alien friends are under the ju-
riSdcton and protection Of the laws OF the states
wherein they alr; that no power over them hts
peen delegated to the United States. nor pIohibi-
ted to nd vdual states dlsliUct from their power
over citizens. and ii being true as genera priu-
cipe and one OF The amendments to the constitu-
ton having also declared that 1.-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
22nd day Ut 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-
cipe ls II as the express decl lirttion, that pow
rrs not delegated are reservel another and more
special provision inserted in the constitution.
from abundant caution has declared that The
migration or importation of such perso1s ts any
OF the states now existing shall think proper to
admit shall not be prohibited by the congress pri-
or to the year lSOS;' that this commonwealth
A.. -. a:
ed as the subject OF he said act concerning aliens;
that u provision ag inst prohibiting their mi gra.
ton is u provision against all acts equivalent
thereto. or il would be nugatory; that to remove
them when migrated is equiv lent to the prohi.
btiou of their mi grafton. aud is. therefore. con
trary to the said provision Of the constitution.
and void.
r solved. That the Imprisonment Of u person
under the protection of the laws Of this common
wealth on his failure 20 OBEY the simple order oI
the Presdcnt to depart out OF tn" United States.
as is undertaken by the said act entitled ''.n act
concerning al,ens' is contrary TO the cOnstitu-
ton. one amendment to which has provided thit
no person shall he deprived o liberty without due
process OF law and tn 1t another having provi.
dcd THAT in all criminal prosecutions the uccus-
ell shall enjoy the right to public trial by an i'm
partial jury, to he Informed OF the nature aud
cause OF the accusIton to he con- roni Ell with the
witnesses against him. TO have compulsory pro.
cess Tor obtaining witnesses in his favor, and to
have the assistance OF counsel Tor his defence"
the same act undertaking to authorize the Presi.
dent to remove Il per -on 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
n his favor without defense, without counsel is
contrary to these provisions also OF the constitu
tion and is therefore, not Il law, but utterly
void and OF no force. The transferring the power
OF Judging any person who is under the protec.
ton OF the laws. from the courts TO the President
OF the United States as is un .ertaken by he same
act concerning aliens, is against the article OF
the constitution viii provides tn the judicial
power OF the United States shall he vested in
courts, the judges OF which shall hold their Offices
during good eh,vior." and the said act is void
ro, a. ro,eon .,lso nI il is inrttor IN ho r,t.j