The Placer herald., 1865-10-28
Kentucky ResolSsions Of 1798...Drafted
nv Thomas Jeftarson.

the principle OF unlimited submission to the gem
eral government, but that by compact under
the style OF IL Constitution Tor the United States
and OF amendments thereto they constituted a
General Government Tor special purposes, dele
gated to tat government certain deiniiive DOW
ers, rescrving each State to itself the resduary
mass OF right TO their own self government. aud
that whatsoever the general government assumes
undelegated powers, its acts are unauthorzeCi,
VOID AND OF no iorce; that to this compact each
state acccded as state. and is an nteg al party;
and its co states forming as to itself. the other
party; and the government, created by this COM
pact, WAS not made the exclusive or fnal 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 10 judge Tor itself well Of iniractions us
OF the mode and measure of redress
Resolved, That the Constitution OF the United
States having delegated to congress power to
punish treason. Tor counterfeting the securities
and current coin OF the United States. piracies
and felonies committed on tbe high seas, and Of
tenses against the law OF nations, and no other
crime whatsoever, and it being true. as u general
principle. and one OF the amendments 10 the con
stituion having also declared THAT the powers
not delegated to the United States by the consti-
tuition. nor prohibited by il TO the states. are re-
served to the states respectively or to the peo.
pe," therefore, the Act of, Congress. passed on
the 4th day OF July. 1898, and entitled IAN act
in addition to an act entitled an act for the pun
shment Of certain crimes against the United Sta
tes;' as also the act passed by them on the 9th
OF June, 1898. ''entitlcd an act to punish frauds
cOmm tied on the bank OF the United States (and
all their other acts which assumes to create, de-
fne or punish crimes other than those enumcra
ted in the constitutional are altogether void and
oi no force, and that the power 10 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 ttne. MS a general princi
pie, aud is also expressly declared by one of the
amendments to the constitution. that The powers
not delegated to the United States by he consii-
tuition. nor prohibited by it to the states. are re-
served to the states respectively. or to the peo-
ple;' and thatno power over the freedom of re-
ligion. freedom OF speech, freedom OF the press
being delegated to the United States by the con-
-ttution, 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 ing
how far the licrntiouSness of speech and OF the
press m " be abridged without lessening their
useful freedom; md how far those abuses which can
not he separates from th"ir use should be iorra
ted rather than the use he des royed and thus also
they guarded against all abrid gmeni. hy the U.
States, Of The freedom Of religious opinions and
exercises. and retained to Themselves the right OF
on the general demand of its citizens. bad 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 bas 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. pro
hbtiny the free exercise thereof abrid ging
the freedom of speech or of the press thereby
guarding in the same sentence. and under the
slme words. the freedom of religion, of speech.
md of the press. insOmuch that whatever viola
ted either. throws down the sanctuary which COW
ers the others. and that libes, ttsehoods and d f.
an ton. equally with heresy and false religion
IRE Withheld from the cognzance OF Federal ribu-
n,ls. That therefore the act OF the congress
OF the United States passed Oh the 4th Of july
1898, entitled IAN act in addition to the act enti-
tied N act for the punishment OF certain crimes
.,g inst the United States" which does abridge
the freedom of he press is not law, but is alto 4
gether void aud OF no force. -,,. ,.s ..t,.
Resolved. rhlt alien friends are under the ju-
risdcton and protection OF the laws oi the states
wherein they are; that no power over them has
been delegated to the United States. nor pi ofibi
ted to ind dvidual state distinct from their power
over citizens. and it being true as a genera prn-
cple and one OF the amendments to the constitu-
ton having also declared that "the powers no,
delegated to the Uned States are reserved to
the states respectively. or to the people," the act
of the congress OF the United States. passed the
END day oi July 1898. assumes power over aliens
not delegated to the constitution. is not law, but
is altogether void and OF no iorc".
Resolved. That in addition to the general prn-
cple AS II as the express declirdton, that pow
rrs not delegated are reserve',. another and more
special provision inserted in the constitution
from abundant caution has declared that the
migration or importation OF such persons any
OF the states now existing shall think proper to
admit shall not be prohibited by the congress pr.
or to the year lS0e;' that this commonwealth
does admit the mgration of alien friends descrb
ed as the subject OF he said act concerning aliens
that a provision ag inst prohibiting their migra
ton is Il provision against all acts equivalent
thereto. or it would be nugatory; that to remove
them when migrated is equiv lent to the pruhi-
btion Of their migration. aud is. therefore, con-
tr.ry to the said provision of the constitution
and void.
f, solved, That the Imprisonment Of a person
under the protection of the laws OF this common
wealth on his failure 70 obey the simple order of
the President, to depart ont OF the United States,
~ 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 provi-
ded "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 aud
cause OF the accusation. to be nirOnte with the
witnesses against him, to have compulsory pro-
cess Tor obtaining witnesses in his favor and to
have the assistance OF counsel for his Defence"
the same act undertaking to authorize the Pres-
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 il
contrary to these provisions also OF The constitu-
ton, and is, therefore. not 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 Undertaken by the same
act concerning aliens, is.against the article of
the constitution whth provides th. "the judicial
power of the United States shall be vested in
courts, the judges OF which shall hold their Offices
durinr mood hehlv ~ and the said act is uol