The Placer herald., 1865-09-30
Kentucky Resolutions of l79S...Drafted
hv Thomas Jefferson.

the principle or 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 for special purposes, dele
gated to tnat government certain dctnitive pow
ers, reserving each State to itself the rcsiduary
mass OF right to their own self government, and
that whatsoever the general government assumes
undelegated 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 us to itself, the other
party: and the government, created by this COM
pact was not made the exclusive or final judg 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 for itself as well 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 counterteitng the securities
and current coin of the United States. piracies
and telonies committed on be high seas, and Of
tenses against the law OF nations, and no other
crime whatsoever and it beng true. as a 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-
tuition. nor prohibited by il to the states. re-
served to the states respectively or to the peo-
the 4th day OF July, 1898, and eutitled IAN act
in addition to an act entitled an act for the pun
ishment of certain crimes against the United Sta.
tes;" as also the act passed by them on the 27th'
OF June, 1898, ''entitcd an act to punish frauds
committed on the bank of the United States" (and
all their other acts which assumes to create, de-
fne or punish crimes other than those enumera-
ted in the constitution) are altogether void and
of no force, and that the power to 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 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-
ple;' and that no power over the freedom of re-
lgion. freedom of speech. or freedom oil 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 manifes ted their determine
ton to retain to themselves the right Of judging
how far the lcentousness OF speech and OF the
press nay be abridged without lessenng their
useful freedom;and how far those abuses which can
not be separated from their use should be tolera
ted rather than the he destroyed and thus also
they guarded a aganst all abridgment, by the U.
States of the 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 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-
pressly declares. that congress snail make no law
respecting an establishment Of religion. or pro-
hibiting 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 religion, OF speech.
and of the press, insomuch, that whatever viola
ted either. throws down the sanctuary which COW
ers the others. and that lbels falsehoods and def
amation. 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 18th OF July
1875 entitled ''an act in addition to the act enti-
against the United States" which does abridge
the freedom of the press is not law, but is alto
oether 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 prohb-
ted to individual states distinct from their power
over citizens and it being true as genera prn-
ciple, and one OF the amendments to the constitu-
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 us 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 "lhe
,t,ti nf
OF the states now existing shall think proper to
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 a provision gIinst prohibiting their mi gra-
ton is Il provision against all acts equivalent
thereto OF it would be nugatory; that to remove
them when migrated is equivalent to the proh-
bition 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 provi-
ded. That in all criminal prosecutions the accus-
Ell snail enJoy tue liSHt W puDllC trlul ny au ln-
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 or the constitu-
ton, and is, therefore, not 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 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