The Placer herald., 1865-07-29
Kentucky Resolutions Of 1798-..Drafted
by Thomas jefferson.

Resolved, That the several States composin
the United States of America, are not united OF
the principle OF unlimited submission to the gen
eral government, but that by compact uude
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 detinitive pow
ers, reservng each State to itself the residuary
mass of right to their own self government and
that whatsoever the general government assumes
undelegatcd powers, its acts are unauthorized
void and of no force; that to this compact each
state acccded as state. and is an integral party
and its co-states forming as to itself, the other
party; and the government. created by this com
pact was not male the exclusive OF final Judge o
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 itself well of infractions as
of the mode and measure of redress.
Resolved That the Constitution el the United
States having delegated to congress a power to
punish treason. for counterfeiting the securities
and current coin of the United States. prac les
kta felonies committed on the high seas, and of
fepses against the law OF natious, and no other
crime Whatsoever, and it being true. as general
nrinciple. and one 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 il to the states. are re-
served to the states respectively. or to the peo-
pie" therefore the Act of Congress passed on
the 4th day OF July l79S and entitled IAN act
in addition to an act entitled an act for the pun
ishment of certain crimes against the United Sta
tes:" rs also The act passed by them the PIT
of June. 1873. "entitled an act to punish frauds
committed on the bank of the United States (and
all their other acts which assumes to create de-
fine or ptnish crimes other than those enumera
ted in the coustituion) are altogether void and
~. Al, To i
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, as A general princl-
ole. and is also expressly declared by one of the
amendments to the constitution, that the powers
not delegated to the United States by the consti
tuition. nor prohibited by it to the states. re-
served to the states respectively, or to the peo-
Sle:'' and that no power over the freedom of re-
lipion freedom of speech, or freedom OF the press
being delegated TO the United States by the con-
stiution, nor prohibited by it TO the states. all
lawful powers respecting the same did of right
remaip and were reserved to the states or the
people: that thus was manifested their determina-
ton to retain to themselves the right Of judging
how far the RIGHTEOUSNESS OF speech and OF the
press may be abridged without lessenng their
useful frcedom:and how far those abuses which can
not be separated from their use should be tOlera-
ted rather than the use be destroyed and thus ais
States. of the freedom of religious opinions and
exercises and retained to themselves the right of
protecting the same. as this state. by law passed
on the general demand OF its citizens. had already
protected them from a II 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. or abrdging
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. nsomuch, that whatever viola
ted either, throws down the sanctuary which COW
ers the others, and that lbels, falsehoods and def
amaton equally with heresy aud false religion
are Withheld from the cognizance OF c,.eral tribu-
nails That therefore the act OF the congress
Of the United States. passed on the 4th 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
cether void and of no force
Resolved, That alien friends are under the ju
risdcton and protection of the laws of the states
wherein they are; that no power over 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 genera prin-
cpe. and one of the amendments to the constltu-
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
not delegated to the Constitution. is not law, but
is altogether void and of no force
Resolved. That in addition to the general prin-
ciple as 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 1.-The
migration or importation Of such persons as an y
'di 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 desciib-
ed as the subject of the said act concerning aliens;
that provision against prohibiting their migra-
ton is provision against all acts equivalent
thereto, or it would be nugatory; that to remove
them when migrated is equivalent to the prohi-
bition of their migration. and is, therefore, con-
trary to the said provision OF the constitution.
and void.
Resolved, That the Imprisonment Of 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 cOnstiu-
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
tled 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 for his Defence
the same act undertaking to authorize the Presi-
;ient 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
ton, and is. therefore, not q 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
the constitution which provides that the judicial
power of the United States shall be vested in
La i,,aeros ul.;cN