The Placer herald., 1865-11-18
Kentucky Resolutions Of 1798---Drafted
bv Thomas Jefferson,

Kentucky RESOLUTIONS OF 1ISo-..UraIteu
by Thomas Jefferson.
Resolved. That the several States composing
the United States Of America, are not united on
the prnciple OF unlimited submission to the gen.
eral government, but that by compact under
the STYLE of a Constitution for the United States,
and of amendments thereto they constituted
General Government for special purposes dele
gated to that government certain dehnitive pow
ers reserving each State to itself the residuary
mass of right to their own self government, and
that whensoever the general government assumes
undelegatcd powers, its acts are unauthorized,
void and OF no force; that to this compact each
state acccded rs state, and is an integral 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 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 cases of compact, among powers
having no common Judge. each party has an equal
right to Judge for itself well of iniractions as
of the mode and measure OF redress.
Resolved. That the Constitution of the United
States haying delegated to congress power to
punish treason. Tor cOunterfeiting 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 beng true. as a general
principle. and one of the amendments 10 the con-
stitution having also declared "that the powers
not delegated to the United States by the consti
tuition nor prohibited by it to the states. are re-
served to the states respectively or to the peo-
pie" therefore. the Act of Congress, passed on
the l4th day of July, 1898 and entitled ian act
in addition to an act entitled an act Tor the pun
ishment of certain crimes against the United Sta
tes;' as also the act passed by them on the 9th
of June l79S. 'entitled an act to punish frauds
committed on the bank OF the United States (and
all their other acts which assumes to create, de-
!, hnr th,nf flnSa
ted in the constiution.) are altogether void and
of no force and that the power 10 create, define
and punish such other crimes is reserved. and OF
right apperans solely and exclusively to the
states each within its own territory.
Resolved That it is true, as general princi-
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 consti-
tuition nor prohibited by it to the states are re-
served to the states respectively, or to the peo-
pe:' and that no power oyer the freedom OF re-
iigion freedom of speech or freedom OF the press
being delegated to the United States by the con-
stitution, nor prohibited by it TO the states, all
lawful powers respecting the same did of right
remain, and YercTeseryed to the states or the
people; that thus was manifested their determine
ton to retain to themselves the right Of judging
how far the icentiousness of speech and of the
press may be abridged without lessening their
useful freedom;and how tarthose abuses which can
not be separated from their use should be tolcra
ted rather than the be destroyed and thus also
they guarded against all brdgment, by the U.
States, of the freedom Of religious opinions and
exercises. and retained to themselves the right Of
protecting the same. as this state. by law passed
on the general demand OF its citizens. had lready
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 ey-
q n n
respecting an establishment of religion. or pro-
hibitng 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, nsomuch, that whatever viola
ted either throws down the sanctuary which COW
ers the others. and that lbels falsehoods and def
amatiOn, equally with heresy and false relig gion,
are Withheld from the cognizance of Federal ribu-
nails. That therefore the act of the congress
of the United States, passed on the 4th of July,
l7gS, 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
sether void and of no force.
Resolved, That alien friends are under the iu-
risdcton and protection of the laws of the states
wherein they are; that power over them has
been delegated to the United States. nor prohibi-
ted to individual states distinct from their power
over citi2ens, and it being true as genera prin
ciple. and one Of the amendments to the constitu-
ton having also declared that "thc powers not
delegated to the United States are reserved to
the states respectively, to the people," the act
of the congress of the United States, passed the
22nd day of July 1898, assumes power over aliens
not egated to the constitution. is not law, but
is altogether void and of no force.
Resolved That in addition to the general prin-
ciple as we'll 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 1.-The
M 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 pr-
or to the year lSOS;' that this commonwealth
does admit the grafton of alien friends describ-
ed as the subject OF the said act concerning aliens
that provision against prohibiting their migra
ton is u provision against all acts equvaen
thereto, or it would be nugatory; that to remove
them when migrated is equivalent to the prohi-
biton 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-
tion. one amendment to which has provided that
no person shall be deprived Of liberty withou 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 and
cause of the accusation, to 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 u
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 constitu
tion, 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