The Placer herald., 1865-10-14
Kentucky Resolutions of l798...Drafted
hv Thomas Jefferson


eral government, but that by a compact under
The style of IL Constitution for the United States,
and of amendments thereto they constituted
General Government Tor special purposes, dele
gated to tGat government certain dehntive pow
| ere reserving each State to itself the residuary
| mass OF ri eht to their own self government, and
| that whatsoever the general government assumes
| undeegatcd powers, its acts are unauthorized.
void and OF no orcc; that to this compact each
state acceded rs state. and is an integ,al 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 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 an equal
right to judge for itsel as we'll of nractions rs
| OF the mode and measure OF redress.
! Resolved, That the Constitution OF the United
States having delegated to congress power to
punish treason. Tor counterfeitng the securities
! and current coin of the United States. piracies
! and telonies committed on The high seas and Of
tenses against the law OF nations, and no other
I 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-
I tuition nor prohibited by it TO the states. are
served to the states respectively or to the peo-
| pie - therefore, the Act of Congress, passed on
the 18th day OF July. 1898, and entitled IAN act
in addition to act entitled an act for the pun
ishment Of certain crimes against the United Sta
tes;'' rs 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 her than those enumcra
ted 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 appcrans solely and exclusively to the
states. each within lis own territory
J Resolved That it is true, general princl-
! 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 consli-
tuition, nor prohibited by it to the states are re-
served to the states respectively, or to the peo-
pie; and that no power over the freedom OF re-
lgon. freedom OF speech. or freedom oil the press
being delegate to the United States by the con-
stituton nor prohibited by it TO the states. all
Lawful powers respecting the same did of right
rem ln 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 licentouSness of speech and of the
press m " be abridged without lessening their
useful trcedom;lnd how farthoSe abuse, which can
not be separated from their use should be tolcra
ted rather than the use be destroyed and thus also
they guarded aganst all abrid gment, by the u.
States of the freedom Of reli gious opinions and
exercises and retained TO themselves the ri ght 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 shall make no law
| respecting an establishment of religion. or pro-
bibiting the free exercise thereof. abiid ging
the freedom of speech or OF the press thereby
| guarding in the same sentence. and under the
! SINE words. the freedom of rel gion of speech.
and of the press. insomuch, that whatever viola
ted either. throws down the sanctuary which COW
ers the others and that libels iasehoods 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 Oh the I4th Of July.
1898. entitled Ian act in addition to the act enti
tied an 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 under the ju-
risdiction and protection ofthe 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 it being true genera prn-
! ciple and one OF the amendments to the conslitu-
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 ongress Of the United States. passed the
22ud 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 prn-
ciple as II as the express decllration that pow
crs not lcgaed 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 lS0S;' that this commonwealth
does admit the migration of alien friends descrb-
ed as the subject OF the said act concerning aliens;
that provision ag .inst prohibiting their mi gra-
ton is a provision against all acts equivalent
thereto, or it would be nugatory; that to remove
them when migrated is equiv dent to the prohi-
biton of their migration. and is. therefore. con-
trary to the said provision Of the constitution,
! and void.
Il, solved, 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 tn It another having prov-
ded THAT in all criminal prosecutions the accus
ed shall enjoy the right to public trial by an i'm
! partial jury, to be Informed OF the nature and
cause of the accusation. to be con ronted with the
, witnesses against him. to have compulsory pro-
cess for obtaining witnesses in bis 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 constitu-
| 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 protec-
ton 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 whi:h 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