The Placer herald., 1865-08-19
Kentucky Resolutions of l798---Drafted
bv Thomas jefferson.

Resolved. That the several States composing
the United States of America. are not united on
the principle oil unlimited submission to the gem
eral government, but that by a compact under
the style OF Il Constitution for the United States,
and of amendments thereto they eonStltated
General Government for special purposes, dele
, gated to that government certain dchnltlve pow
ers, reserving each State to itself the reslduary
mass Of right TO theiE own self government. and
that whensoeyer The general government assumes
uudelegated powers, its acts are unauthorizedS :
void and OF no force; that TO this compact each
state accetied us state. and is an integ al party
and its co states forming as 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, aud notthe
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 TOR itself as well OF inL'ctlona as
of the mode and meas urc OF redress
Eesolved, That the Constitution OF the United
States having delegated to congress power to
nunisb treason. Tor counterieiting the securities
and current cola of the United States. plracleS
and felonics committed on the high seas, aud of
fenses against the law OF nations ana no DINER
crime whatsoever, and it beng true. rs general
prfnciple and one of the amendments 10 the con
stitltion 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 Oh to the peo-
pie" therefore the Act OF Congress, passed on
tRe I4th day OF July, 1913. and entitled IAN act
in addition to an act eut.tle an act for the pun
ishment Of certain crimes against the United Sta
tes;' as also the act pissed by them on the 9th
OF June 1893. ''entitled an act TO punish frauds
committed on the bank of the United States (and
all their other acts which assumes 10 create, de-
fne or punish crimes ohrr th n those enumera
,ed in the constitutional are altogether void and
md hat hp In NJ
and punish such other crimes is reserved. and OF
right appcriains solely unl exclusively to the
states each within lis own territory.
Resolved. That it is true. a> general princi-
pie and is also expressly declared by one OF the
amendments to the constitution. that the powers
rot ieleg tied to the United States ny the consli
tuition. nor prohibited by it 10 he states. are re-
served to the states respectively. or to the peo-
ple;' and that no power over The freedom OF re-
ligion. freedom OF speech. or freedom OF the press
being delegated 10 the United States by the con-
stitution nor prohibited by it to the states. all
lawful powers respecting the same did Of right
rem in. and were reserved to the states or the
people: that thus Was manifested their determine
ton TO retain to themselves the right vi Judging
how far the liceuiou>ness OF speech aud OF the
press my be abridgad without lessenint their
useful freedom; md how iarthose abuses which can
not be separated from their use should be iolcrt
ted rather than til" he destroyed and thus also
they guarded against all abridgnent, by The u.
States, OF the heedom Of leli Eiuus opinions and
exercises. and retained to Themselves the right OF
protecting the same. as this state. by hN pissed
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
Dressly declares. that congress shall make no law
respecting an establishment OF religion. or pro-
hui ,l,ri,,,
the freedom of speech or Of the press" thereby
guarding ia the slme sentence. and under The
same words the freedom of reli zion, Of speech
and Of the press, insomuch. that WhItever viola
ted either throws down the sanctuary which COW
ers the others. and that libelS. asehoods and dt-
amation. equally with hercsy and false religion.
pre withheld from the cognizance OF Federal tribu-
nas That therefore the act Of The congress
OF the United States. passed Oh the 4th of July.
1898. entitled ian act in addition to the act enti-
tied IN act tor 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 AMI OF no force.
Resolved That alien friends are under the ju
risdiction and protection of the laws OF the states
wherein they are; that no power OYER them has
been delegated to the United States nor prohib-
ted to individual states distinct from their power
over citizens and it being true as a geueral prn
ciple. and one OF the amendments to the constiu
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 1898. assumes power oyer aliens
not delegated to the constitution. is not law, but
is altogether void aud OF no force.
Resolved That in addition to the general prin
ciplc as W II as the express declaration, that pow
ers not dele ted are reserrei another and more
special provision inserted in the constitution.
from abundant caution has declared that The
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 pr-
or to the year lSOS;'' that this commonwealth
does admit the migration Of alien friends descrb
ed as the subject OF The said act concerning aliens:
that provision glinst prohibiting their mi gra-
tion isa provision against all acts equivalent
thereto or it would be nugatory: that to remove
them when mi grated is equiv lent to the prohi-
btion of their migration. and is. therefore. con-
trarv to tie sIiL prov iSlon ot the constitution
and Yod
4 solved That the Imprisonment of person
under the protection OF the laws OF this common
wealth on his lailurr to obey The simple order Of
the President, to depart out OF the United States,
as is undertaken by the said act entitled "an act
concerning aliens is contrary 10 the constlu-
ton one amendment TO which has provided that
no person shall he deprived OF liberty without due
process oil law" and that another having provi-
dcd. ''lbat in all criminal prosecutions the accus.
ed shall ENJOY the right TO pQPhc lriIl ny an I'M
partial jury, TO he Informed oil The nature and
cause O! 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 authorz. the Pres-
dent TO remove a per on out OF the United States
who is under the protection OF the law, on his
own suspicion. wi hout accusation. without jury
without public trial. without conformation Of the
witnesses aulinst him. without hearing witnesses
in his favor vii hout defense. without counsel. is
contrary to these provisions also OF the constitu
tion, and is. therefore. not Il law, but utterly
void and OF no force. The transf rrng the pow cr
OF judging any person gho i under the protec
ton o. tie laws, from the courts 10 the President
OF the United States as is un ertakcn by The same
act concerning aliens, is against the article Of
the constitution viii h provides thlt 1.-THE judicial
power OF the United States sh Ill he vested in
courts. the judges OF which shall hold their offices