The Placer herald., 1866-01-06
Kentucky Resolutions Of l798--- Drafted
bY Thomas Jefferson.


by Thomas Jefferson.
Resolved That the several States composing
the United States Of America, are not united on
the principle OF unlimited submission to the gen.
eral government, but that by compact under
the style of Il Constitution iof the United States,
and OF amendments thereto they constituted
General Government tor special purposes, dele
gated to that government certain defnitive pow
ers reserving each State to itself the rcsduury
mass OF ri eht TO their own self government, and
that whatsoever the general government assumes
undelegatcd powers, its acts are unau horized,
void and OF no force; that TO this compact each
state acccded rs state and is an integral party;
and its co-states forming us 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 moi the
CONSTITUTE ion, the measure OF IT'S powers; but that
as in all other eases OF compact among powers
having no common Judge, each party has an equal
ri ght TO Judge Tor itself as well OF iniractions as
OF I he mode and meas urc OF redress
Resolved, That the Constitution OF the United
States having delegated to congress Il power to
punish treason, Tor cOuntcrteiting the securities
and current coin of the United States. piracies
and telonics committed on tbe high seas, and Of
ienses against the law oil nations, and no other
crime whatsoever, and it beng true. as general
principle, and one of the amendments TO the con-
stitution having also declared "hat the powers
/ tuition nor prohibited by il to the states. are re-
served to the states respectively or to the leo-
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 for the pun
ishment Of certain crimes against the United Sta.
tes;'' as also the act passed by them Oh the 9th
OF June, 1898. "entilcd 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 other than those enumera
ted in The constiulion.) are altogether void and
OF no force, and that the power TO create, define
and punish such other crimes is reserved. and OF
RIGHT appcrans solely and exclusively to the
states. each within lis own territory.
Resolved. That it is true. as general prnci-
pie and is also expressly declared by one of the
amendments to the constitution. that the .powers
not delegated to the United States by he consi.
tuition. nor prohibited by it to the states. are re.
served to the states respectively, or to the peo-
pies" and that no power over the freedom oil re.
igion. freedom OF speech. or freedom OF the press
being delegated to the United States by the con.
stitution, nor prohibited by it to the states. all
lawful powers respecting he same did Of right
remlin, and were reserved to the states or the
people; that thus was manifested their determine
ton to retain to themselves the right Of judgin.
how far the RIGHTEOUSNESS OF speech and of h
press IN ~ be abridged without lcsscnng THEN
useful freedoms, md how far those abuses which eau
not be separated from their use should be tolcra
ted rather than the use be destroyed and thus also
they guarded against all abrdgment. by the U.
States, of he freedom Of reli gous opinions and
exercises. ard retained TO Themselves the right OF
protecting the same as this state by law passed
on the general demand OF its citizens had a lready
protected them from all human restraint or inter
ference: and that. in addition 10 this general
principle and express declaration. another ana
more special provision has been made by one OF
the amendments to the constitution. which eX
pressly declares that congress shall make DO law
respecting an establishment OF reli oion. pro
hibiting the free exercise thereof. ablidgine
the freedom OF speech or Of the press" thereby
guarding in the same sentence. and under th'
same words. the freedom of re gion, Of speech
and of the press. insomuch, that whatever viola
ted either. throws down the sanctuary which GOV
ers the others. and thai libels aSrhoods and Dc
amation. equally with herrsy and false reli eion
are withheld from the cOgnizance OF Federal tribu
nails. That therefore the act oil the conercss
Of the United States, passed on the l4th of July
l79S, entitled IAN act in addition to the act eni
tied N act Tor the punishment of certain crime'
aglinst the United Slates,' which does abrdg,
The freedom of he press is not law, but is alto
gethcr void and OF no force.
Resolved That alien friends are under The iu
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 pI ohib
ted to nd vidual states distinct from their power
over citizens. and il being true as genera prin
cpe and one OF the amend ments to the consltu
delegated to the United States are reserved TO
the states respectively. or to the people, The ac
of the congress OF the United States. passed th,
22nd day Oi July 1898. assumes power over aliens
not delegated to the constitution. is not law, hui
is altogether void and OF no force.
Resolved. That in addition TO the general prin-
cipc rs Will as the express declaration, hat pow
crs not dele gate ed are rpservco. another and NOR,
special provision inserted in the constitution.
from apundant caution has declared that "lhe
migration or importation OF such persons as any
OF the states now existing shall think proper to
admit shall not be prohibited by the con gress pri-
or to the year l80S;' that this commonwealth
does admit the migration of alien friends desclib-
ed as the subj jcct OF the said act concerning aliens;
that provision ag inst prohibiting their migra.
ton is IL provision against all acts equivalent
thereto or it would be nu9at0ry: that to remove
them when migrated is equivalent TO the prohi-
biton of their migration. and is therefore. con-
trarv to the said provision Of the constitution.
and void.
R. solved, That the Imprisonment of n person
under the protection of the laws Of this common
wealth on his failure To obey the simple order oil
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 constitu
tion. one amendment to which has provided that
no person shall be dcprv ed OF liberty without due
process of law" and that another having provi-
dcd. 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 Pres-
dent 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-
tion, and is, therefore. not law, but utterly
void, and OF no force The transferring the power
OF Judging any person who is under the protec-
ton of the laws from the courts to the President
OF the United States as is undertaken by the same
act concerning aliens, is against the article of
the constitution which provides that 1.-The judicial