The Placer herald., 1865-09-09
Kentucky Resolutions Of l798... Drafted
bY Thomas jefferson.

as. by Thomas Jefferson.
Resolved, That the several States compost ng
the United States Of America. are not united on
the principle OF unlimited submission to the gem
cral government, but that by compact under
the style OF IL Constitution for the United States
and OF amendments thereto they constituted Il
General Government for special purposes, dele
gated to tat government certain dcfnitive pow
ers. reserving each State to itself the rcsidulry
mss OF right TO their own self government. and
thl, whensocver the general government assumes
undeegatcd powers its acts are unauthorized.
void and OF no force; that TO this compact each
state acccded rs state. and s an integral party
and its co states forming us to itself. the other
party; aud the government. created by this COM
pact. WAS not m,de the exclusive or final 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 Tor itself as well OF inlrlctions as
OF the mode and measure OF redress.
Resolved That the Constitution oil the United
States having delegated to congress II power to
punish treason. .or countcrteiting the securities
ami current coin of the United States. piracies
and elonics committed on The high seas, aud Of
fenses aganst the law OF nations. and no other
crime whatsoever. and it being true. as 4 general
principle. 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-
ple.' therefore. the Act of Congress. passed on
the l4h day OF July. 1898. and entitled IAN act
in addition to an act entitle 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, "entitlcd an act TO punish frauds
committed on the bank of the United States (and
all their other acts which assumes to create. de-
ine or punish crimes oil her lh IN those enumer,
a.. /. ,;.,A ,,l tLa,
OF no force. and that the power to create, define
and punish such other crimes is reserved. and of
right arpcrlains solely and exclusively to the
stat.s q b within its own territory.
Resolv n. That it is true. as general princi
pie. III is also expressly declared by one of the
ame rmen,s to the constitution. that the powers
not ,cIrg .ted to the United States by the consi-
tuition. nor prohibited 10y it TO he states are rc.
served TO the states respectively. or to the peo-
pie: and Ihai no power over the freedom OF re.
,igion. freedom OF speech. or freedom o the press
being delegated to the United States by the con-
sttution. nor prohibited by it 10 the states. all
lawful powers respecting the same did OF right
Fem ,n and We're reserved to the states or the
people: that thus was manifested their determine
zion to retain to themselves the right Of Judging
how far the RIGHTEOUSNESS OF speech and of the
press my be abridged without lesscning their
useful freedom: md how far those abuses which
not be separated from their use should he iolrr,
ted rather than the use he destroyed and thus also
they guarded against all abridg gmcnt, by the U.
States. OF he freedom OF religious opinions and
exercises. aud retained TO Themselves the right o
protecting the same. as this state. by law passed
OIL the general demand OF its citizens, had already
prot ectcd them from all human restraint or inter
ference: and that. in addition 10 this general
prnci pie and express declaration, another and
more special provision has been made by one OF
the amendments to the constitution which ey
pressly declares. that congress shall make no law
respecting an establishment of religion. or pro-
h:biting he free exercise thereof. or abrlgng
tn" freedom of speech or Of the press" thereby
guarding in the same sentence. aud under the
same words. the freedom of reli giOn, of speech.
and OF the press. insomuch, that whatever viola,
ted either. throws down the sanctuary which COW
crs the others. and that lbels. Ialschoods and df
am.ton. equally with herrsy and false religion.
are Withheld from the cognizance OF Federal lribu
ntls. That therefore the act OF the congress
OF the United States. passed. Oh the | 18th of July
l19S, entitled IAN act in addition to the act enti
tied N act ior the punishment of certain crimes
ag ,inst the United States which does abrdge
the freedom of the press is not law, but is alto.
gether void and OF no force
Resolved. Tht alien friend. are under the iu-
risdcton aud pro ction OF the laws OF the states
wherein they are; that no power over them has
been delegated to The Uute States. nor prohibi-
ted to individual states distinct from their power
over citizens. and il being true as y general prin
Clpt, ana one Ol tue amendments 10 CUlsLltu
ton having also declared tn 1.-THE powers not
delegated to the United States are Reserved to
tn" 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 aud Of no force.
Resolved That in addition to the general prin
cipc as W III as the express decl.r.ton, that pow
ora not delrg,,ed are reserve I. another and more
special provision inserted in the constitution.
from abundant ctution has declared that The
migration or importation Of such persons rs any
OF the states now existing shall think proper to
admit sh Ill not be prohibited by the congress pr
or to the year lS0s;'' that this commonwealth
does admit the migration OF alien friends descrb
ed as the sub ct OF the std act concerning aliens:
that u provision ag .inst prohibiting their gra
tiOn isa provision against all acts equivalent
thereto. or it would he nuyatory; that to rrmrve
them when mi grated is equiv lent TO the pruhi-
uition OF their mig ition. aud is. therefore, con-
trry to the said provision Of the constitution,
and void.
solved. That the Imprisonment OF u person
under the protection of the laws Of this common
wealth on his failure to obey he simple order OF
the President. to depart out OF the United States.
~ is undertaken by the said act entitled IAN act
concerning Aliens is contrary 10 the consttu
ton one amendment to which has provided that
no prison shall he deprived OF liberty without due
process Of Law" and tn It another having provi-
d'H. mt III All crlinIa prosecutions the accus-
ell sh I'll enjoy the right to public trial by an i'm
partial jury, to be Informed OF the nature and
.,lsn of the accusation, to be confronted with the
witnesses against him. to have compulsory pro-
cess Tor obtaining witnesses in his favor and to
have the assistance OF counsel Tor his defence
tn" same act undertaking to authorize the Pres-
dent TO remove a 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 confront alton 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 a law, but utterly
sol. and Of no force. The transferring the power
OF ,d.iny any person who is under the protec-
zion OF 'he l,ws, from the courts to the President
ot the United States as is un ertakcn by the same
act concerning aliens, is against the article of
th- constitution viii h provides that "the judicial
anwer OF the United States sh I'll he vested in