The Placer herald., 1865-09-23
Kentucky Resolutions Of l798...Drafted
bv Thomas Jefferson.

the principle 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 a
General Government for special purposes, dele
| gated to that government certain defnitive pow
ers, reserving each State to itself the residuary
mass of right to their own self government, and
that whatsoever the general government assumes
| undeegated powers, its acts are unauthorized,
void and of no force: 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 fnal Judge of
the extent of the powers delegated to itself; since
J 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 itself as we'll OF intractions as
| OF the mode and measure OF redress.
Resolved, That the Constitution OF the United
/ States having delegated to congress power to
punish treason. ;or c0unterteiting the securities
and current coin of the United States. praces
and felonies committed on the high seas, and Of
! tenses against the law OF nations, and no other
I crime Whatsoever and it being true. as general
| principle. and one of the amendments TO the con-
sttution 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
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 27th
OF June, 1898, 'entited an act to punish frauds
committed on the bank of the United States (and
all their other acts which assumes to create, de-
| ine or punish crimes other 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.
! Resolved. That it is true. as Il general prnci
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
served to the states respectively or to the peo-
ple:" and that no power over the freedom OF re.
igion. 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 were reserved to the states or the
people: that thus was manifested their determine
tion to retain to themselves the right Of Judging
/ how far the licentiousness of speech and of the
| press my be abridged without lessening their
useful treedom:and how far those abuses which can
| not be separated from their use should be toera.
ted rather than the use be destroyed and thus also
| they guarded against all abrd gment by the L.
States. of the freedom Of religious opinions and
exercises. and retained to themselves the right OF
protecting tha same. as this state. by law passed
on the general demand Of its citizens, had 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 has been made by one Of
! the amendments to the constitution, which eX
+ pressy declares. that congress shall make no law
respecting an establishment of religion, or pro-
hbting the free exercise thereof. or abrd ging
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 talsehoods and def
amation. equally with heresy and false religion
are Withheld from the cognizance OF Federal trbu-
mails. That therefore the act OF the congress
of the United States, passed on the 4th Of July =,
1898, entitled IAN 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
| cether 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 prohbi-
| ted to individual states distinct from their power
over citizens. and it being true as general prin-
( ciple. and one OF the amendments to the consttu-
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 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-
ciple as well 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 "lhe
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 pri-
or to the year 1sOS;' that this commonwealth
does admit the migration of alien friends describ-
ed as the subject OF the said act concerning aliens;
that provision against prohibiting their mgra-
ton is a provision against all acts equivalent
thereto. or it would be nugatory; that to remove
them when grated is equiv lent to the prohi.
! btion 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
ton. one amendment to which has provided that
| no person shall be deprived Of liberty without due
/ process of law" and that another having prov
ded. That in all criminal prosecutions the accus
ed shall enjoy the right to public trial by an i'm
v,
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. y
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 iury
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 cOnsttu-
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 proec-
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 1.-THE judicial
power of the United States shall be vested in
courts, the judges of which shall hold their offices
during good behavior" and the said act is void
for that rao son also and is f1rthor tn ho notod