The Placer herald., 1865-11-11
Kentucky Resolutions of 179S...Drafted
bv Thomas Jefferson.

the principle oil unlimited submission to the gen.
eral government, but that by compact under
the style OF Constitution Tor the United States,
and OF amendments thereto they constituted
General Government Tor special purposes, dele
gated to that government certain defntive pow
ers reserving each State TO itself the residuary
mass OF right TO their own self government, and
that whensoever the general government assumes
undelegatcd powers, its acts are unauthorized,
void and OF no iorcc; that to this compact each
state acccded as state. and is integ'al party;
and its co-states forming as to ITSELF 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
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
light TO Judge for itself well of inractions as
of the mode and measure OF redress.
Resolved, That the Constitution of the United
States having delegated TO congress power to
punish treason. Tor countereiting the securities
and current coin of the United States. piracies
and felOnies committed on The high seas, and Of
fenses against the law OF nations, and no other
crime whatsoever, and it beng true. as 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 consti-
tuition. nor prohibited by it to the states. are re-
served to the states respectively, or to the peo-
ple.'' therefore. the Act of Congress, passed on
the l4th day OF July, 1898, and entitled IAN act
in addition to an act entitled an act Tor the pun
shment Of certain crimes against the United Sta
tes;' as also the act passed by them on the 9th
OF june 1898. .'enttled 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 OF her than those enumera
Ted in the constitutional are altogether void and
Of no force. and that the power 10 create, define
and punish such other crimes is reserved, and of
-; fui he
states. each within its own territory.
Resolved. That it is true, us Il general prncl-
plc 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, are re-
served to the states respectively, or to the peo
ple;' and that no power over the freedom OF re-
gion. freedom OF speech, or freedo ON OF the press
being delegated to the United States by the con-
stitution, nor prohibited by it TO the states. all
lawful powers respecting the same did Of right
remain, and were reserved to the states or the
people; that thus was manifested their determine
ton to retain to themselves the right Of jud gne
how far the centiousness of speech and of the
press my be abridged without lessenng their
useful freedom;and how far those abuses which can
not be separated from their use should be oern
ted rather than the use he destroyed and thus also
they guarded against all abridgment, by the U.
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 citZens. had already
protected them from all human restraint or inter
lerence and that. in addition C 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-
hibitng the free exercise thereof, or ablidgng
the freedom of speech or of the press" thereby
Al in in sentence. ia
same words the freedom of eligon, of speech.
and of the press, insomuch. that whatever viOla-
ted either. throws down the sanctuary which COW
ers the others. and that lbes, talsehoods and def
amation, equally with heresy and false religion.
are Withheld from the CogniZance OF Federal lribu-
nails. That therefore the act OF the congress
of the United States, passed on the l4th Of July
1898, entitled Ian act in addition to the act ent-
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.
xcther void AMI OF no force.
Resolved, That alien friends are under the ju-
risdction and ecion of the laws OF the states
wherein they are; that no power over them has
been delegated to the United States. nor prohibit
ted to individual states distinct from their power
over citizens. and it being true genera prin-
ciple and one Of the appointments to the consttu-
ton having also declared that 1.-The powers not
delegated 10 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 oyer 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-
cipe 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 "lhe
migration or importation of such persons as any
of the states now existing shall think proper to
admit sha! not be prohibited by the congress pri
or to the year lSOo;' that this commonwealth
does admit the nj grafton Of alien friends descrb
ed as the subject OF the said act concerning aliens
that provision against prohibiting their migra.
tion is provision against all acts equivalent
thereto. or it would be nugatOry; that to remove
them when migrated is equiv dent to the prohi
btion of their migration. aud is. therefore, con.
trary to the said provision Of the constitution
and void
Resolved, That the Imprisonment of a person
under tie protection of the laws Of this common
wealth on his failure to obey the simple order o
the President, to depart out of the United States
as is undertaken by the said act entitled IAN &C
concerning aliens" is contrary to the consttu
ton. one amendme mt to which has provided tha
no person shall be deprived OF liberty without du
process Of law" and that another having provi
ded, 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 ant
cause of the accusation, to be confronted with th
witnesses against him. to have compulsory pro
cess for obtaining witnesses in his favor, and t.
have the assistance Of counsel Tor his defence,
the same act undertaking to authorize the Presi
dent to remove q person out Of the United State
who is under the protection Of the law, on hi
own suspicion, without accusation, without jury
wi thout public trial. without conformation of tn
witnesses against him, without hearing wiinesse
in his favor, without Defense without counsel, i
contrary to these provisions also OF the coDstitu
lnx hnt ffarl
void, and of no force. The transferring the powe
OF Judging any person who is under the protec
tion of the laws from the courts to the Presiden
Of the United States as is undertaken by the sam
act concerning aliens, is against the article q
the constitution which provides that 1.-THE ju,lici
power Of the United States shall be vested i
courts, the judges OF which shall hold their Office
dnrinu n0ol hnha Yinr - and the ca Id nnl La