The Placer herald., 1865-12-23
Kentucky Resolutions of l700-.. DRAFTED
bv Thomas Jeffels son,

ko0tUCKy 6eBOluClUU1 O1 x10Osss Ux8UoO
by Thomas Jefferson.
Resolved, That the several States composing
the United States oil America, are not united 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
General Government Tor special purposes, dele
gal ed to that government certain definitive pow
ers, reserving each State TO itself the rcsiduary
mass OF right 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 rs state. and is an integ, al party
and its co-states forming rs to itself, .he 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 on equal
right 10 Judge tor itself well OF iniractiOns
OF the mode and meas Urc OF redress.
Resolved, That the Constitution OF the United
States having delegated to congress power to
punish treason, Tor cOunterteting the securities
and current coiu of the United States. piracies
and felonics committed on tbe high seas, and Of
tenses against the law OF nations, and no other
crime whatsoever, and II beng true. as general
principle, and one of the amendments 10 the con-
stitution having also declared "that the powers
not delegated to the United States by the consti-
tuition nor prohibited by ii to the states. are re-
served to the states respectively. or TO the leo
| ple" therefore, the Act Of Congress, passed on
The 4th day OF July, 1898, and entitled ian act
in addition to un act entitled an act for the pun
ishment Of certain crimes against the United Sta
tcs:'' rs also the act passed by them Oh the 27th
, OF June, 1898 "entitled an act TO punish frauds
! committed Oh the bank OF the United States (and
all their other acts which assumes to create, de-
| fine or punish crimes OF her than those enumcra
| 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 il is true, as general princi-
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 re-
served to the states respectively, or to the peo-
pe" 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 10 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 judging
how far the licentiousness OF speech and OF the
press may be abridged without lesscning their
useiu freedom; ;and how far those abuses which can
not be separated from their use should be tolcru
ted rather than the be destroyed and thus also
they guar,le, against all abridgment, by the U.
States, OF the freedom Of religious opinions and
exercises ard 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-
pressly declares. that congress shall make no law
respecting an establishment Of religion. or pro-
h;biting 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 ligion, Of speech.
and of the press, insomuch, that whatever viola
ted either throws down the sanctuary which COW
ers the others. and that libels alschOods and def
amation. equally with herrsy 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 i4th Of July.
1885, entitled ian act in addition TO the act enti
tied IN act for the punishment of certain crimes
ag ,inst the United States" which does abridge
the freedom of the press is not law, but is alto
gcther void and OF no force.
Resolved, That alien friends are under the u-
risdcton 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 q genera prn-
ciple and one OF The amendments to the constitn-
ton having also declared that "thc powers not
delegated to the United States are reserved 10
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-
ciplc as 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
migration or importation of such persons MS any
OF the states now existing shall think proper to
admit shall not be prohibited by the congress pr
or to the year l80S;" that this commonwealth
does admit the migration Of alien friends describ
ed as the subject OF he said act concerning aliens;
that a provision ag inst prohibiting their migra
ton is Il provision against all acts equivalent
thereto. or il would be nugatory; that to remove
them when migrated is equivalent 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 10 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-
dc.l THAT in all criminal prosecutions the accus-
ed shall enjoy the right to public trial by IN i'm
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 favor, and to
have the assistance OF counsel for his defence"
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 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 consttu.
ton, and is, therefore, not q 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 10 the President
of the United States as is undertaken by the same
act concerning aliens, is against the article of