The Placer herald., 1865-08-05
Kentucky Resolutions Of lE08-..Drafted
bY Thomas jefferson.

the United States oil America are not unIteu on
the principle of unlimited submission to the gen.
eral government, but that by compact under
the style OF Constitution for the United States,
and Of amendments thereto they constituted a
General Government for special purposes, dele
gated to that government certain dehntive pow
ers, reserving each State TO itself the residuary
mass of light TO their own self government. and
that whatsoever the general government assumes
undelegatcd 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 rs 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
rs in all other cases Of compact, among powers
having no common judge, each party has an equal
right TO Judge for itself as well OF intractlons as
OF the mode and measure OF redress.
Resolved, That the Constitution oil the United
States having delegated to congress Il power to
punish treason. Tor counterteiting the securities
and current coin of the United States. pracies
and felonics committed on the high seas, and Of
fenses against the law OF nations. and no other
crime whatsoever, and ii being true. as Il general
principle and one of the amendments 10 the con
s,itution having also declared THAT the powers
not delegated to the United States by the constl-
tuition nor prohibited by it TO the states. are re-
served TO the states respectively or to the peo-
ple," therefore, the Act of Congress, passed on
The l4th day OF July, l79S and entitled IAN acl
in addition to an act entitled an act ior the pun
ishmeut Of certain crimes against the United Sta
tes:'' as also the act passed by them on the 9th
OF June l79S. ''enttled 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 her than those enumcra
red in the constituion) are altogether void and
OF no force and that the power 10 create, define
and punish such other crimes Is reserved. and OF
right apperiains solely and exclusively to the
states each within its own territory.
Resolved. That it is true, rs general prnci-
pie and is also expressly declared " one OF the
amendments to the constitution, thai the powers
not delegated to the United States by the consti-
tuition nor prohibited by it 10 the states are re-
served to the states respectively. or TO the peo-
ple;" and that no power over the freedom OF re-
lgion freedom OF speech or freedom ol the press
being delegated 10 the United States by the con-
stitutiou. nor prohibited by it TO the states, all
lawful powers respecting the same did Of right
remaiu and were reserved to the states the
peoplc; that thus was manifested their determine
ton to retain to themselves the right OF judging
how far the lcentiousness OF speech aud OF the
press my be abridged without leSsening their
uselul freedom;lnd how far those abuses which can
not be separated from their use should be olera
ted rather than the use be destroyed and thus also
they guarded against all abridgment, hy the u.
States OF he 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 already
protected them from all human restraint or inter
ference: and that in addition 10 this general
principle and express declaration, another and
more special provision has been made by one OF
the amendments to the constitution, which ex-
presslv declares. that congress shall make no law
respectin San establishment OF religion. or pro-
bibiting 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 rei gion, OF speech.
and of the press insomuch, that whltever viola
ted either throws down the sanctuary which COW
ers the others. and that lbels, lalsehoods and def
amaton equally with heresy and false religion,
are withheld from the cOgniZance OF Federal tribu
nails. That therefore the act OF the congress
OF the United States, passed on the lith OF July,
l79S, entitled IAN act in addition to the act enti
tied IN 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 u
risdiction and protection OF the laws OF the states
wherein they are; that no power over them has
been delegated to the United States. nor prohibi
ted to individual states distinct from their power
over citizens, and il being true as a genera prin-
cpe and one OF the amendments to The consttu
tion having also declared that 1.-THE powers not
delegated to the United States are reserved TO
the states respectively, OF to the people" the act
OF the congress Of the United States, passed the
22nd day OF July. 1913, 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 prn-
cplc as Ill 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 The
mforaton or Importation of such persons us any
I ho Stttp &C pyiStinu shall think n
admit shall not be prohibited by the congress pri
or TO the year lS0S;' that this commonwealth
does admit the migration Of alien friends describ-
ed as The subject OF the said act concerning aliens
that provision ag inst prohibiting their migra
tiou is a provision against all acts equivalent
thereto or it would be nugatory; that to remove
them when migrated is equiv lent to the prohi-
btion 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 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 he deprived OF liberty without due
process OF law. - and that another having provi-
tlcd "ihat in all criminal prosecutions the accus-
ed shall enjoy the right TO public trial by an i'm
partial Jury, TO he 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"
the same act undertaking to authorize the Pres-
dent 10 remove a per on 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
ton, and is, therefore, not u law, but utterly
void and OF no force. The transferring the power
Of iudging any person who is under the protec-
ton OF he laws, from the courts to the President
OF the United States is un lerlaken by the same
act concerning aliens, is against the article of
the constitution whth provides that "the judicial
power OF the United States shall be vested in
courts the Judges OF which shall hold their offices
during GOOD behavior,n and the said act is void
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