The Placer herald., 1865-10-07
Kentucky Resolutions OF l798..-Dratted
by Thomas Jefferson

the STYLE OF Il Constitution Tor the United States
and OF amendments thereto they constituted
General Government for special purposes, dele
| gated to ttat government certain dcnultlve pow
crs reserving each State to itself the residuary
mass OF ri ght to their own self government. and
| that whatsoever the general government assumes
| undeeg;tcd powers, its acts are unauthorized,
void aud OF no force; that to this compact each
state acccded us state. aud is an integral party
| and its co-statcs forming as TO itself, the other
| party; and the government, created by this COM
pact WAS not made the exclusive or tiual Judge of
! the extent OF the powers delegated to ITSELF since
that would have made its discretion, and not the
constitutions. 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 for itself as we'll of inractons us
| of the mode and measure OF redress.
| Resolved, That the Constitution of the United
| States having delegated to congress power to
! punish treason. .or counterteiting the securities
! and current coin of the United States. piracies
, and telonics committed on the high seas and of
, tenSes against the law oil nations. and no other
crime whatsoever, and it beng true. us general
| principle. and 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 it to the states. are re-
served to the states respective Y. or to the peo
pie" there eiorc, the Act Of Congress, passed on
the 4th day of July. 1898. and entitled "an act
| in addition to an act entitled act for the pun
ishment Of certain crimes against the United Sta
tes:i as also the act passed by them on the 9th
/ OF June, 1898 ''entitled 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 enumer,,-
| ted n 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 lis own territory.
pie and is also express Y declared by one of the
amendments to the constitution. that the powers
not delegated to the United States by he consi-
| tuition. nor prohibited by it to the states.
served to the states respectively, or to the peo-
pie;' and that no power over the freedom OF re-
Iigon freedom OF speech, or freedom OF the press
being delegated 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 lin, and were reserved to the states or the
people; that thus was manifested their deermiua-
ton to retain to themselves the right Of Judging
how far the licentousness OF speech and of the
press my be abridged without leSsening their
useful freedom; ;and how far those abuses which
not be separItea from their use should be tolcra-
ted rather than the use be destroyed and thus also
they guarded against all abrdgment, by the L.
States. of the freedom of religious opinions and
exercises. and retained to Themselves the right OF
protecting the same. this state by law passed
on the general demand OF its citizens, had already
projected 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
pressly declares. that congress shall 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 rei gjon. Of speech.
and of the press. iusomuch. that whatever viola
ted either throws down the sanctuary which COW
ers the others and that libes, talsehoods and def
amaton. equally with heresy and false religion,
are Withheld from the cOgnlZance OF Federal tr bu-
nals That therefore the act OF the congress
OF the United States, passed on the 4th of July.
l79S, entitled IAN act in addition to the act ent
tied an 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
rether void and 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 over them has
been delegated to the United States. prOhibi-
ted to individual states distinct from their power
/ over citizens, and il being true a genera prin-
ciple. and one of the amendments to the consttu-
ton having also declared that "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
]
is altogether void and of no force.
/ Resolved. That in addition to the general prin-
ciplc 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 THE
mi igration or importation OF such persons as any
of the states now existing shall think proper to
I admit shall not be prohibited by the congress pri-
or to the year 1S0S;" that this commonwealth
does admit the migration of alien friends descriD-
ed as the subject OF the said act concerning aliens:
that a provision against prohibiting their mi gra-
ion is a provision against all acts equivalent
thereto or it would be nugatory; that to remove
them when mi grated Is equivalent to the prohi-
biton of their migration. and is therefore. con-
trgry 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 consUtn-
tion. one amendment to which has provided that
no person shall be deprived OF liberty without due
4 process of law" and that another having provi
dcd. "l hat in all criminal prosecutions the accus
ed shall enjoy the ri ght TO public trial by an 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 Tor obtainin. 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 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-
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 "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
for that reason also and it is further to be noted