The Placer herald., 1865-12-09
Kentucky Resolutions Of 1798...Drafted
bv Thomas Jefferson.

by Thomas Jefferson.
Resolved, That the several States composing
the United States OF America. are not united OIL
the principle OF unlimited submission to the gen
eral gov ernment. but that by Il compact under
the style of a Constitution for the United States,
and OF amendments thereto they constituted a
General Government Tor special purposes, dele
uted to tat government certain dchnitive pow
crs reserving each State TO itself the rcsiduary
mass OF right 10 their own self government. and
that whcnsocver the general government assumes
undelp gated powers, lis acts are unauthorized.
void and OF no force; that 10 this compact each
state acctded us II state and is in integ al party;
and its co states iolming us TO itsell. the other
party: and the government. created by this CON-
pact WAS not made the exclusive or inal judge OF
the extent OF the powers delegated TO itstli since
that would have made its disc: elon and not The
constitu ion. the measure OF its powers; but that
as in all other cases OF compact, among powers
having no common judge. each party has IN equal
right to Judge tor itsei as well OF inlractOns us
of the mode and measure OF dress.
Resolved, That the Constitution OF the United
States having delegated to congress power to
punish treason. Tor counterleitng The securities
and current coin of the United States. piracies
and ielonics committed on tbe high seas. and Of
tenses against the law OF nations, and no other
crime whatsoever. and it beng true us general
principle and one OF the amendments 10 the con.
slitu,ion having also declared THAT the powers
tuition nor prohibited hy il to the states. are re-
served 10 the states respectively or TO the CO.
pIe :" therefore, the Act of COuercss. passed on
the 4th day OF July. 1898, and entitled IAN act
in addition to an act eniitle" 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. "entil'd an act 10 punish frauds
committed on the bank OF the United States (and
all their other acts which assumes TO create, de-
inc or punish crimes other th'n those enumcra
,ed in the cOnsiitution.) are altogether void and
OF no force. and that the power 10 create, define
and punish such other crimes is reserved. and OF
right apprriains solely aud exclusively TO the
states each within its own territory
Resolved. That it is true. as II general prlncl-
pie. and is also expressly declared hy one OF the
amendments to the constitution. that the powers
not delegated to the United States Ivy ihc consl
tuition nor prohibited by il to he states. are re-
served TO the states respectively. or to the peo
p!c;' and that no power over the freedom OF re
lipion freedom of speech. or freedom OF the press
b. ing delegated to the United States by the con
stituton nor prohibited by it TO the states. all
.lawinl powers respecting the same did of right
rem lin. and were reserved to the states or the
peoples that thus was manifested their determine
ton to retain to themselves the right Of judging
how far the liceniiousncss N speech and of the
press m " be abridged without lesscning their
useful lrredom;tnd how far those abuse which can
not he separated from their use should be tolrra
they guarded against all abrdgmrnt. hy The U.
States of the freedom Of Icli gious opinions and
exercises ard retained to Themselves the ri ght OF
protecting the same. as this state. ly law passed
on the general demand 81 lis citizens. had dalready
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.
hbiting the free exercise thereof or abri'l ging
the freedom Of speech or of the press" thereby
guarding in the same sentence. and under the
same words the freedom of reli gion Of speech.
md of the press, insomuch, that whatever viola.
ted either. throws down the sanctuary which COW
erS the others and that libels. talsehoods and def
amltion. equally with herrsy and false religion.
IRE withheld from the cogniZance of Federal lribu-
ntls That therefore the act of the coner SIS
OF the United States. passed on the l4th Of July.
1898, entitled IAN act in addition TO the act cni-
tied N act for the punishment OF certain crimes
a z inst the United States" which GOES abridgc
| he freedom Of he press is not law, but is alto
rether void and of no force.
Resolved. That alirn friends are under the iu-
risdiction and protection Of the laws OF the states
wherein they are; that no power over them has
been delr-aird to the United States nor pi ohihi-
ted to individual states distinct from their power
over citizens. and it being true as genera prin-
lean
tinn having also DECLARED that 1.-THE powers moi
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 OI July. .179S. assumes power over aliens
NOT delegated TO The constitutions is not law, but
is altogether void and OF no force.
Resolved. That III addition to the general prin-
cplc AS IL as the express declaration, that pow
crS not delegated are reserved. another and more
.beciul provision inserted in the constitution
from abundant caution has declared that "lhe
mi migraliou or importation OF such persons as any
of the states now existing shall think proper TO
admit shall not be prohibited py the congress pri
or to the year lS0S;' that this commonw eall
does admit the mi grafton of alien Iiends describ.
ed AS the subject OF he said act concerning aliens;
that y provision ag 'inst prohibiting their mi gra-
ton is a provision against all acts equivalent
thereto or il would he nu.at"ry; that to remove
them when migrated is equiv lent TO the prohi-
biton of their migration. and is. therefore. con
trarv 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 unlcrt ken by the said act entitled IAN act
concerning Aliens is contrary 10 the constitu
ton ole meudment to which has provided thai
no person shall he deprived OF liberty without due
process OF law aud that another having provi
drd "ih,t in all criminal prosecutions the accus
ed shall enjoy the right to public trial Ivy an i'm
partial Jury, to he informed OF the nature ant
cause OF the accusation. to he conlrone ed With tht
witnesses against him. to have compulsory pro
cess for Obtaining witnesses in his favor and tt
have the assistance OF counsel Tor his defence.
the same act undertaking to authorize The Presi
dent to rrmove per- on out OF the United States
who is under The protection OF the law, on hi
own Suspicion, without accusation. without jury
without public trial. without CONFORMATION OF tn,
witnesses against him, wi houi hearing wiincssc
in his favor. without defense without counsel i
contrary to these provisions alsc OF the conStiiu
lion, and is, therefore, not Il law. but utterly
void. and OF no ioicc. The transferring the powc
OF iudging any person who is under the prGtec
ton OF the laws, from the courts to the Prtsiden
OF the United States as is un"eraktn hy the SAM
act concerning aliens, is against the article o
the constitution viii provides th' the ju'lici,
power of the United States shall be vested il