The Placer herald., 1865-12-30
Kentucky Resolutions Of 1798... Urafted
hY Thomas Jeffe1 SON.

eral government, but that by compact under
the style Of q Constitution for the United States
and of amendments thereto they constituted u
General Government for special purposes, dele
gated to that government certain dednitive pow
ers, reserving each State to itself the rcsiduary
mass Of right TO their own self government, and
that whensCever the general government assumes
undelegated powers, its acts are unauthorized,
void and OF no iOrce; that to this compact each
state acccded as 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 tor itsei as well OF inlractiOns
! of the mode and measure OF redress.
Resolved, That the Constitution oil the United
! States having delegated TO congress power to
punish treason, Tor counterieting the securities
| and current coin of the United States. piracies
! and elonies committed on tbe high seas and Of
! fenses against the law OF nations, and no other
/ crime whatsoever, and it beng true as general
principle, and one of the amendments TO the con-
| stitution having also declared "that the powers
not delegated to the United States by the consti-
I tuition nor prohibited by il to the states. are
served to the states respectively. or to the leo-
| pie :" therefore, the Act of Congress, passed on
| the 18th day OF July, 1898, and entitled IAN act
| in addition to an act entitled act for the pun
| ishment Of certain crimes against the United Sta
| tes;" as also the act passed by them on the 9th
' of June 1893 'entitlcd 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 OF her than those enumera
| Ted 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 appertains solely and exclusively to the
| states each within its own territory.
] RaSOlvpd That il is true. MS q general Drirci-
! plc and is also expressly declared by oue 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, or to the peO-
plc;'' and that no power over the freedom OF re-
! ligiOn, freedom OF speech, 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 were reserved to the states or the
people; that thus was manifested their determine
ton to retain to themselves the right Of judgin
! how far the RIGHTEOUSNESS OF speech and of the
press MY be abridged without lessenng their
useful lrcedom;and how iarthose abuses which can
not be separated from their use should be ocra
ted rather than The be destroyed and thus also
they guarded against all abrdgment. by the U.
States, of the freedom Of rel giOus opinions and
exercises. ard retained to themselves the ight 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 TO this general
prncip pie 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 establishment of eligion. or pro-
hibiting the free exercise thereof. or abrdgng
the freedom Of speech or of the press.' thereby
guarding in the same sentence. and nnder the
same words. the freedom Of rel gion, OF speech.
and of the press, insomuch, that whatever viola
ted either. throws down the sanctuary which COW
ers the others. and that lbels talsehoods and def
amation equally with heresy and false religion
are Withheld from the cognizance OF Federal iibu-
nails. That therefore The act OF the congress
of the United States, passed on the I4th Of July.
1898, entitled san act in addition to the act enti
tied 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-
rsdiction and protection of the laws OF the states
wherein they are; that no power over them has
been delegated to the United States. nor prohibit
ted to individual states distinct from their power
over citizens, and il being true as genera prin-
ciple, and one OF the amendments to The cOnslitu-
ton 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
22nd 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-
cplc 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 'ihe
mi graiOn or importation Of such persons as any
OF the states now existing shall think proper to
admit shall not be prohibited Ivy the congress pri-
or to the year l80S;' that this commonwealth
does admit the migration of alien friends descrb-
ed the subject OF the said act concerning aliens;
that provision ag ,inst prohibiting their migra-
ton is Il provision against all acts equivalent
thereto or it would be nueatnry; that to remove
them when migrated is equivalent TO the prohi-
biton Of their mi grafton. and is. therefore, con-
trary to the said prov isiOn 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 10 the constitu.
ton. amendment TO which has provided that
no person shall be deprived Of liberty without due
process of law" and that another having provi-
dcd. ''lhat in all criminal prosecution the uccus-
ed shall enjoy the right To public trial by an i'm
partial jury, to be informed OF the nature and
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"
the same act undertaking to authorize the Presi-
dent to remove 4 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 u 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
act concerning aliens, is against the article of
the constitution which provides that "the judicial
power Of the United States shall be vested in
courts, the judges OF which shall hold their oices
during good behavior" and the said act is void
for iAaL reason also and il is 1urlnr 10 La notad