The Placer herald., 1865-09-16
Kentucky Resolutions of l798...Drafted
BY Thomas Jefferson.

| tne OUlteu StuteS VI aiucrlCa. are mol united Oh
! The principle OF unlimited Submission to the gen
eral government, but that by compact undei
| the style OF a Constitution for the United States
| and OF amendments thereto they. constituted d
General Government for special purposes, dele
! gated to tcat government certain defnitive pow.
ers. reserviny each State to itself the residu,ry
l miss OF right TO their own self government and
that whatsoever the general government assumes
uudelegated powers. its acts are Unauthorized
| void and OF no iorcc; that TO this compact each
state acccded rs Il state, and is an ineg al party
and its co states forming rs to Itself, the other
| party; aud 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
az in all other Gases OF compact, amoug powers
| having no common judge. each party hasan cqual
right to judge tor itself as well OF inractions rs
| OF the mode and measure OF redress.
| Resolved. That the Constitution OF The United
| States having delegated TO congress IL power to
punish treason. Tor counterteting the securities
: and current coiu Of the United States. piracie
!, and telones committed on the high seas and Of
| lenses against the law OF nations and no other
I crime whatsoever, und it being true as Il raj
| prncip ipe. and one OF the amendments 10 the cou-
| sitution having also declared THAT the powers
| not delegated to the United States by the consti-
| tuition nor prohibited hy ii 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 enttie an act tor the pun
ishment Of certain crimes against the United Sta
| tes; as also the act passed 10y them the 9th
/ OF June. 1898. "entiiled an act TO punish frauds
! committed on the bank OF the United States (ani
I all their other acts which assumes to create, de-
| fne or punish crimes OF her tn IN those enumcra
| Ted in the consttution.) are altogether void and
| OF no force. and that the power 10 create, define
| and punish such other crimes is reserved. and OF
! right appernins solely aud exclusively to the
states. each within its own territory.
Resolved. That it is true. rs general prnci-
| pie and ia also expressly declared by one of the
amendments to the constitution. that the powers
not deleg tied to the United States by the consti
tuition. nor prohibited by it to the states. are re-
served to the states respectively. TO the peo.
pie; and that no power over the freedom OF
ligon freedom OF speech. or freedom OF the press
being delegated to the United States by the con-
situtiou, nor prohibited by it to the states, all
lawful powers respecting the slme did of right
rsrl in, and were reserved TO the states or the
peoples that thus WAS manifested their determine
ton to retain to themselves the right Of ild.in
how far the liceniOu>ness OF speech and OF the
press m " b, abridged without lessening their
useful Irredom md how far those abuses which can
not be separated from their use should be orra
ted rather than III" use be destroyed and thus also
they guarle, against all abridgment, by the L.
States. oil the freedom OF religious opinions and
exercises. and retained TO themselves the right O
protecting the same. as this state. by law pissed
on the general demand ol its citizens, had already
protected them from al! humlu 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-
hibting the free exercise thereof. OF abridgns
tn" freedom Of speech or OF the press" thereby
guarding in the same sentence. and under the
me words the freedom of reli gion. OF speech.
and OF the press. nsomuch, that whLtever violI-
ted either, throws down the sanctuary which COW
er, the others. and that lbels. ialschoods and f.
amation. equally with hercsy and false religion.
are withheld from the cognizance OF Federal trbu
nails. That therefore the act OF the congress
oi the United States, passed Oh the 4th Of July.
1898, entitled ''an act i'll addition to the act enli
tied III act for the punishment OF certain crimes
against the United States" which does abridge
the freedom Of he press is not law, but is alto
gether void anl OF no force.
Resolved. That alien friends are under the ju-
risliction aud protection OF the laws OF the states
wherein they are; that no power over them las
been delegated to the United States. nor pohib-
ted to individual states distinct from their power
over citizens, and it being true as genera prn-
ciple. and one OF the amendments to he constitu-
tiun 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 ot July. 1913. assume, 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 prn-
ciplc AS II ;ss the express dec ration, that pow
crs not delegated are reserved. another and nort.
special provision inserted in the constitution
IRON abundant caution has declared that The
migration or importation OF such persons rs any
nj No stt pyiStinp shall think ia
admit shall not be prohibited hy the conyles, pri-
or to the year lS0o; that this commonwealth
does admit the migration of allen friends descrii-
ed the sui jcct OF The said act concerning alirD>;
that provision ag .ins prohibiting their miyl,,-
ton is u provision against all acts equivalent
thereto. or it would be uugitory; that to remove
them when migrated is equiv lent to the prohi-
bition of their migration. and is, therefore. CON
trary to the said provision OF the constitutions
and void.
r solved, Tha, the Imprisonment OF person
under the protection OF the Laws OF this common
wealth on his failure 10 OBEY The simple order o
the Prcsdcut 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. one amendment TO which has provided that
no person shall be deprived OF liberty without due
process OF law" and th It another having prov-
dcd. "hat in all criminal prosecutions the accus-
cd shall enjoy the right TO public tritl by an inn
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 flvor and to
have the assistance OF counsel for his defence"
the same act undertaking to authorize the Presi.
dent TO remove Il per-on out OF the United States
who il 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 constu-
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. |
,ion OF he laws, from the courts to the President
OF the United States as is un lertakcn by the same
act concerning aliens, is against the article of
the constitution viii h provides tn the judicial |
power OF the United States shall be vested in |
courts, the judges OF which shall hold their offices
during good beh ,vior," and the sld act is void |