The Placer herald., 1865-08-12
Kentucky Resolutions Of 1798-..Drafted
by Thomas jefferson.

Kentucky Resolutions Of l79S-.. Drafted
by Thomas Jefferson.
Resolved, That the several States composing
the United States Of America. are not united on
the principle OF unlimited submission to the gen
eral e1ernment, bat 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 that government certain dclinitive pow
ers. reserving each State to itself the residuary
mass OF right TO their own self government and
that whatsoever the general government assumes
undelegltcd powers, its acts are UNAUTHORIZED
void and OF no force; that TO this compact each
state acceded state. and is an integ al 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 filll 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 10 judge ior itself as we'll OF inirtct!onS rs
Of the mode and easurc OF redress.
Resolved, That the Constitution ol the United
States having delegated TO congress Il power TO
punish treason. for counterleItlng the securities
and current coin OF the United States. plracles
and felopies com mi tied on tbe high seas. aud Of
fenses against the law OF nations, and 10 other
crime whatsoever, and it beng true as general
principle and one of he amendments 10 the con
sttution having also declared "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" therefore. the Act of Congress. passed on
the l4th day OF July, 1898, and entitled IAN act
in addition to an act entitle an act Tor the pun
ishment Of certain crimes against the United Sta
tes;'' as also the act pIssed by them on the 9th
OF June, 1898. ''entitlcd an act TO punish frauds
committed on the bank of tie United States" (and
u1t thair nj hnr acts which u de-
.ine or punish crimes Gther tn IN those enumeri
Ted in the consliution.) 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 it is true. rs general prnci
plc and is also expressly declared by one Of the
amen. menls to the constitution. that the powers
not delegated to the United States by the consli-
tuition. nor prohibited 10y it to he states. are re-
served to the states respectively. or TO the peo-
ple;' and that no power over he freedom OF re
ligion. freedom Of speech, or freedom Of the press
being delegated TO the United States hy the con-
sttulion, nor prohibited by it 10 the states. all
lawful powers respecting the same did ct right
remu, and were reserved to the states or the
peopc that thus WAS manifested their determine
ton to retain to themselves the right Of dying
how far the RIGHTEOUSNESS OF speech and OF the
press ~ be abridged without lesscning their
useful irredom;lnd how far those abuses which can
not be separated from their use should be tolerL
ted rather than the use lie destroyed and thus also
they guarded against All abrdgment, by the U.
States. OF the freedom OF relig gions opinions and
exercises. and retained 10 themselves the ri ght Of
protecting the slme. as this state. by law passed
on the general demand oil its citizens, had already
protected them from I'll 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
a., ,1,,,nn tn fnf urhi
pressly declares thai congress shalI make no law
respecting an establishment of religion. OF pro-
hibitng The free exercise thereof. or abiidging
the freedom Of speech or CT the press" thereby
guarding in the same sentence, and under the
same words. the freedom Of eligion, Of speech.
and of the press. insomuch that whatever viola
ted either. throws down the sanctuary which COW
ers the others. and that libes. talsehoods and drt
amation, equally with heresy and false religion,
are withheld from the cogniZdnce OF Federal tribu-
nails. 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 ent
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-
rsdiction 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 it being true as a genera prin-
ciple, and one OF the amendments to the consttu-
tou having also dec Jared that 1.-The powers not
delegated to the United States reserved to
the states respectively or TO the people, the act
of the cong gress Of the United States. passed the
22nd day Ct July. 1898. assumes power 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 rs W Ill rs the express deciration, III It pow
sra not delegated are reservci. another and more
special provision inserted in the constitution,
from abundant caution his declared that the
migration or Importation Of such persons as any
0i the states now existing Shall think proper TO
admit shall not be prohibited by the congress pri-
or TO tine year lS0S;' that this commonwealth
does admit the migration OF allen friends describ
ed as the subject OF The said act concerning aliens;
that a provision ag inst prohibiting their migra.
tion is i provision against all acts equivalent
thereto. or it would lie nugatory; that to remove
them when migrated is equiv lent to the prohi-
btion Of their mig grafton. and is. therefore. con-
trary to the said provision Of the constitution.
and yeG.
r. 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 "an act
concsPhing Aliens is contrary 10 the constitu-
-tion. one amendment to which has provided that
no person shall he deprived OF liberty without due
process OF law" and III 1t another having prov
ded. "hat in all criminal prosecutions the accus
ed shall enjoy the right to public trial by an inn
partial jGry, TO he Informed OF the nature and
cause OF the accusation, to be ConIrons&i 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 he Presi-
dent to remove n 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 constu
ton, and is, therefore, not law, but utterly |
void, and OF no force. The transferring the power
otjudging amy person who is under the protec-
ton Of the laws, from the courts to the President
Of theii Intc, States as is un ertnkcn by the same