The Placer herald., 1865-12-16
Kentucky Resolutions Of 1708... Drafted
bY Thomas Jefferson.

Kentucky Resolutions Of 1708...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 povernm me mt, but that by q compact under
the style OF Constitution for the United States,
and of amendments thereto they constituted
General Government jor special purposes, dele
gated to that government certain dehnitive pow
ers reserving each State TO itself the residuary
mass OF right to their own self government, and
that whatsoever the general government assumes
undelegutcd powers its acts are unauthorized,
void and OF no force; that to this compact each
state acccded us state. and is an integral party;
and its CO. states forming us to itseli, 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
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
ri ght to Judge Tor itse as well OF infractions as
of the mode and meas ure OF redress.
Resolved That the Constitution OF the United
States having delegated to congress power to
punish treason. or cOunterfeiting the securities
and current coin of the United States. praces
and telonies committed on the high seas, and Of
lenses against the law OF nations, and no other
crime whatsoever. and it being true as a general
principle. and one OF the amendments 10 the con-
stitutiOn having also declared THAT the powers
not delegated to the United States by the cOnstt
tuition. nor prohibited by il to the states. are
served TO the states respectively or to the peO.
pie - therefore, the Act of Congress, passed on
the | 4h day OF July, 1898, and entitled ian act
in addition to an act entitled an act Tor the pun
ishment of certain crimes against the U nit ed Sta
tes:'' as also the act passed by them on the 9th
of June, 1898. .entitlcd an act 10 punish frauds
committed on the bank Of the United States (and
all their other acts which assumes to create, de-
fne or punish crimes OF her than those enumera
led in the constitutions are altogether void and
OF no force, and that the power 10 create, define
and punish such other crimes is reserved. and Of
ri hit apperains solely and exclusively to the
states each within lis own territory.
Resolved. That it is true. rs general princi
pie. and is also expressly declared by one OF the
amendments to the constitution, that the ..power>
not delegated to the United States by The const
tuition. nor prohibited by it to the states. re-
served to the states respectively or to the peO
ple;'' and that no power over the freedom of re
licion 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
renal in, and were reserved to the states or the
people, that thus was manifested their determine
ton to retain to themselves the right Of jud Sinp
how far the centiOusness of speech and of the
press my be abridged without lessening their
use III freedom ;and how far those abuses which
not be separated from their use should be tolcra
they guarded gainSt all abridgment, hy the u.
States, Oft The freedom OF religious opinions and
exercises. ard retained TO themselves the right Of
prot tecting the same as this state. by law passed
on the general demand Of its citizens, had lready
prot ectcd them from all human restraint or inter
ference; and that. in addition to this general
principle and express declaratOn another and
more special provision has been made by OF
the amendments to the constitution, which
pressly declares. that congress shall make no law
~; ,Lc -r, -.
hibiting the free exercise thereof. or abridgng
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. talsehoods and def
amation. equally with heresy and false religion.
are withheld from the cogniZance OF Federal rbu-
nails. 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 cnti-
tied IN act for the punishment of certain crimes
the freedom of the press is not law, but is alto
gether void and OF no force.
Resolved, That alien friends are under the ju-
rsdicton and prot iection of the laws OF the states
wherein they are; hat no power over them has
been delegated TO the United States nor pr ohibi-
ted to individual states distinct from their power
over citizens and il being true as a genera prin-
cple. 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 cOnstitNiO is not law, but
is altogether void and OF no force.
Resolved. That in addition to the general prin-
cplc as we'll as the express declaratiOn hat pow
crs not delrgai ed are reserved. another and more
special provision inserted in the constitution
from abundant caution has declared that ",he
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 180S;' that this commonwea ealth
does admit the migration Of alien friends describ-
ed as the subject OF the said act concerning aliens;
that provision gtinst prohibiting their gra-
ton is II provision against all acts equivalent
thereto. or it would be nugatory; that to remove
them when migrated is equiv lent to the prohi-
btion 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
oncerning 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-
dcd 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 confronted with the
witnesses against him, to have compulsory pro-
cess for obtaining witnesses in his favor, and to
have the assistance OF counsel Tor his deienccn
the 81 me 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 jud ging any person who is under the protec-
ton OF the laws, from the courts TO the President
Of the United States as is unuertaken by the same
~ nlipnS is Utiust thn nj Of