The union Democrat., 1866-11-17
Kentueky Resolutions of 1.os.

OTUFfCu UV EtC ItH OF 4 AtAttkS sStNtfStH-
RESOLVED That the several States composing the Uni
ted States Of America not united on the principle o.
unlimited submission to the general government but
that by compact under the style o; acoatinnn Tor IN
United States and of amendments Thereto they censii
uted general government for special purposes delea-
ted To that certain defnye towers reserv
ing each State 10 itself the reSinary of right L
their self government and that whatsoever tne gen
govssnment undelegated powers
unaufhortative void and force that 10 this
pact each State acceted STATE. and i ntegFa
party: and and its eo-siates forming rs 70 ITSELF
other party: and the government created hy this
pact, not made the exclusive final Judge of the
tent of the powers delegated ITSELF since thar woa
have made its discretion. and not the constitution
measure of its powers: but that, in all other O
compact, among powers having common judge, Esch
EQUAL RIGHT JUDGE FOR ITSELF WELL OF
iNfRAcTioSs AS OF The MODE ASb MEASURE OF REbekss
= RESOLVED, That the Constitution Of the United States
eounterfetng the securities and current coin OF the On
ted States, praces aud felcnes committed tie hig
and offences against the law Of nations, and other
crime Whatsoever and Il being true as general princ'
pie and of the amendments % the Constitution har
ing also declared " that the not delegated to the
United states by the constitution, prohibited by re
the States are reserved the respectively
the people therefore the of Congress passed the
i4 day of July I79S and entitled in addition
the entitled act for the punishment of certain
crimes against the United States also the act passed
by them the 2th of June. las, entitled an act te
punish frauds commit ed on the bank OF the United states
(and all of their other which assume to create de-
fine punish crimes other than those enumerated in the
constitution, altogether void and of no force and
that the TO create define and punish snch oier
crimes is reserved and of right appertns solely aud ex
tusively to the States. each within its own territory
). RESOLVED, That it is true, as a general principle
and is also expressly declared by Of the amendments
to the constitution. that the powers not delegated to the
United States by the constitution prohibited by il 10
the States reserved To the States respectively or TO
the people :: and that power the freedom OF re-
gon FREEDOM SPEECH or FREEDOM OF rHe PRESS BEING
DELEGATED THE UNITED STATES By Tue nor
prohibited by the States, all lawful powers respect
| ing the WERE RESERVED To
STATES thnt thus manifest ed their
determination to retain To themselves the right OF Juig
ing how far the eentiousness Of speech and OF the press
be abridged without isening their useful freedom
and how far those abuses which cannot be separated from
their should he tolerated rather than the use be de-
troyed and thus also they guarded against all abridge
ment, 10y tue United states OF me freedom oi rcigus
opinions and exercises, and retained 70 themselves the
right of protecting the same, as this State, 10y law
passed the general demand of its citizens had already
protected them from all human restraint interference
aud that in addition to this general principle and express
declaration another and more special provision has been
made 10y If the amendments to the constitution,
which expressly declares, that Congress shall make
law respecting establishment If religion, prohibit
ing exercise thereof abrdging the freedom OF
speech of the press, thereby guarding in the same
sentence and rnder the words, freedom of
gion of speech aud of the press in'omuch that what
violated either, throws down the sanctuary which
the others and that libels fsehood and defima
ton equally with heresy and false religion are withheld
from the cognzance of Federal tribunals That there
fore the Of the Congress of the United States passed
the l4th of July, l79S entitled an act in addition
the act entitled act for the punishment of certain
crimes against the United States, which does abridge
the freedom Of the is not law, but is altogether
void and of no force.
ton protection of the laws of the State wherein they
that power over them has been delegated to the
United States prohibited TO individual States distinct
from their power citizens, and it being true
general prin iple, and of the amendments the
constitution having also declared that - the powers
delegated to the United States are reserved to the states
respectively to the people, the act of the Congress
the United States, passed the 22d day of July, 1898,
sumes power aeus delegated the
is not law. but is altogether void and of no force
s. RESOLVED, That in addition to the general principle
well the express declaration that powers not dele
gated reserved another and more special provision
inserted in the constitutions from abundant cautou has
declared that the migration or importation of such per-
any Of the States existing shall think proper
to admit shall be prohibited by the Congress prior
the year 1865 :; that this commonwealth does adult the
migration of alien friends described the subject of the
said concerning aliens; that provision against pro-
biMtnc their migration is provision against all acts
equivalent to the prohibition of their migraon aud is
therefore, contrary to the said provision of the constitu
| tion and void.
g. RESOLVED, That the Imprisonment of person under
the protection of the laws of this commonwealth his
failure to obey the simple order the president to de-
part the United States undertaken by the said
act entitled act concerning aliens, is contrary
the constitution, one amendment to which has provided
that person shall be deprived of liberty without due
of law and that another having provided ta
in all criminal prosecutions the accused shall enjoy the
right to public trial by impartial jury, to be informed
of the and of the accuSaon 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 an
ertakng authorize the president to person
the United States who under the protection OF the
law ON his suspicion, without accusation without
V,
witnesses against him. without hearing witnesses IN his
favor without defence without counsel, is contrary
these provisions also of the constitutions aud is therefore
not law utterly void, and of no force. The
erring the power judging person who is under the
protection of the laws from the courts OF the president
the United States, is undertaken by the act con-
cernng aliens against the articles of the constitution
which provides that the judicial power of the United
States shall be vested in courts, the Judges of which shall
hold their offices during good behavior aud the said
that also, and it is further 10 be noted
that this transfer of Judiciary power to that magistrate
of the general who already possesses all the
executive. and negative on all legislative powers.
= RESOLVED. That the construction applied by the |
charter which defines them and that Indications have
appeared Of design TO eNound certain general phrases
which having been copied from the very mitei grant
IF powcr in the former articles of contetieatin were
the less liable to be misconsted) destroy the
ener government as evinced hy suury of their nr
to parts of the constitution of the United
states which delegated to Congress power to lay and
collect duties inpsts, eNcses; to pay the debts
and rnvle the defence general welfare
United States and to make all laws which shall be
necessary and proper for carrying into execution the
powers vested by the constitution in the government ~
the ted states, in any department officer thereof
goes the destruction of all limits prescribed then
power by the constitution-ihat words by the IN
s,ruinent to subsidiary only the execution Of limited
powers, ought not 10 be construed themselves IN
give unlimited powers, part ut them to be :aken A.
To destroy the whole residue OF the instrument That
the proceeding e the general government under color of
those articles will be fit and necessary subject for revisa
and correction at time of greater tranquility while
those specified in the preceding resolutions call for imme
| date redress.
s. Resolved, That the preceding resolutions be trans
from the ceHmonweah, who enoiaetI present the
their respective houses and their best en-
ieavors procure at the next session Congress re
vf the aforesaid pncons ttutiona and ehuoxius acts
RESOLVED lastly, That the governor OF this common
III I've, and is Suthe and relRe>e
the ding resolutions the legislatures If the several
states. them that this commonwealth consitr
aueu for specified national purposes and particularly far
these specified IN their late federal compact t. be
tile peace, happiness. and prosperity of all the
that faithful to that compact according the plain intent
meaning in which it understood and acreslaI IN
by the several parties il is sincerely anxious for s ,r
servation that it does also believe that 10 take FINN
States all the powers ot selfguvernment and tran star
TO general and consolidated government with,nt ra
gard e. the special delegate and reservations Sen,nl
agreed to IN that compact noi Tor the pse happiness
and prosperity of these States. And that therefrr bis
commonwealth is determined. doubts not its cStt
To submit 10 undeegated and aently
powers in man, or body Of men. on earth that IL
acts before specified should stand these conclusions l6
ow from them. that the general government NAV nlsr
act they think proper the list crimes an pnns
IL themselves whether enumerated enuneratei bv
the constitution cognaaele by them that they nsy
fer its eonizsnee TO the president any other nar,n
who may himself be the counsel iuie ami inry
whose suspicious may be the evidence his order ,be a
tence. his officer the eNecntoaer. and his breast The ST.
record Of the transaction. that very numerous and vain
able description o the inhabitants these States han
by this precedent reduced outlaws to the aIsonts
4 4 e,~ f ~