The Hancock Jeffersonian. [volume] (Findlay, Ohio) 1857-1870, 1865-09-22

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and judicial powers. (2) Hazarding
an interruption of the peace Of the
States by civil discord, In case of q
diversity of opinion among the State
Legislatures; each State having, in
that case, no reso.t for vindicating
its own opinions but the strength of
of its own arm. (3) Submitting
most important questions OF law to
less competent tribunals; and (4)
An infraction of the Constitution of
the United States, expressed in plain
terms: That for these reasons this
Legislature, in their public capacity,
do not feel themselves authorized to
consider and decide upon the con
stitutionality of the sedition and alien
laws ESQ. called;) yet they are called
upon by the exigency Of this occasion
to declare, that, in their private
opinions, these laws are within the
powers delegated to Congress-, and
are promotive of the welfare of the
United States.
The Legislature of Massachusetts,,
on the 9th day Of February, 1899,
responded in an able and argumenta-
tive report, in which they recognize
1t to he their duty solemnly to de-
clare, that while they hold sacred the
principles that the consent of the
people is the only pure source ofjust
and legitimate power, they cannot
admit the right Of the State Legisla-
lures to denounce the Administra-
tion of that government to which the
people themselves, by a solemn com.
pact, have exclusively committed
their national concerns. That the
decision of all cases in law and equity
arising under the Constitution of the
United States, and the construction
Of all laws made in pursuance thereof,
are. exclusively vested by the people
in the judicial court Of the United
States. That while liberal and en-
lightened vigilance among the people
is always to he cherished, yet an un-
reasonable jealousy Of the men of
their choice, and resort to extreme
measures on groundless and trivial
pretexts, tends to destroy national
liberty. That, should the respecta-
bic State Of Virginia persist in the
assumption of the right to declare the
acts of the national government un-
constitutional, and should she op-
pose successfully her force and will
to those of the nation, the Constitu
tion would be reduced to q mere ci.
phcr-to the form and pageantry ot
authority, without the energy OF
power. That the United States, al
the time ofpassing the Act concern.
ing Aliens, were threatened with ae.
tual INVASION, mad been driven by the
unjust and ambitious conduct Of the
French government into warlike prep.
arations, expensive and burthen.
some. and had then, within the bosom
Of the country, thousands of aliens
who, we doubt not, were rpady to co
operate in any external attack. TIL,
law, therefore, was just and saluta
ry.
The Sedition Act, so called, i
equally defensible. The act com
planned Of is no abridgemcnt OF eli
ther the freedom Of speech or Of th,
press. The genuine freedom o
speech and Of the press. is the hber
ty to utter and publish the truth
but this right of the citizen is not tC
he confounded with the lcentious
ness of speaking and writing that i,
only employed in propagating false
hood and SANDER.
Seditious practices and unlawful
combinations against the federal gov.
ernment, or any officer thereof, ir
the performance of his duty, as wei
as RIGHTEOUSNESS Of speech and o.
the press, were punishable on thC
principles of common law in the
courts Of the United States, before
the act in question was passed. This
act, then, is an amelioratlon OF thai
law in favor Of the party accused, rs
it mitigates the punishment which
that authorizes, and admits any in
vestigation of public men and meas
ures which is regulated by truth.
And lastly, the Legislature of Mas
sachusetts feel strong conviction
that the several United States ar,
connected by a common interest
which ought to render their union
indissoluble, and that this State will
always cooperate with its confeder.
ate States In rendering that union
productive of mutual security, free.
dom and happiness.
The Legislature Of New York, on
the 5th of March, 1899, adopted res
olutions in which they "cannot for,
bear to express the anxiety and re,
gret with which they observe the in.
hammatory and pernicious sentiments
and doctrines which are contained in
the resolutions ofthe Legislatures oil
Virginia and Kentucky; sentiments
and doctrines no less repugnant to
the Constitution OF the United States,
and the principles of their union,
than destructive to the Federal Gov.
ernment, and unjust to those whom
the people have electedito admins.
ter it, Therefore, Resolved, That
while they feel themselves constrain.
ed to bear unequivocal testimony
against such sentiments and doc.
trines, they deem it duty, no less
indispensable, explicitly to declare
their incompetency, as the Legisla-
ture OF this State, to supervise the