The Placer herald., 1866-01-13
Kentucky Resolutions Of l798.-. Drafted
by Thomas j tfel son.

the United States Of America. are not united Oh
the principle OF unlimited submission TO The gen.
eral government but that by Il compact under
the style OF u Constitution Tor the United States,
and OF amendments thereto they constituted a
General Government Tor special purposes, dele
gated to ttat government certain dcnnlilye pow
crs, reservng each State TO itself the rcsiduary
mass OF right to their own self government, and
that whatsoever the general government assumes
undelegutcd powers, its acts are Unauthorized,
void and OF 10 lorcc; that 10 this compact each
state acccded us state and is ,n ineGal 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 disc: elton, and moi he
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
ri oht TO Judge Tor itsel as well OF iniractiOns as
OF the mode and meas urc OF redress.
Resolved, That the Constitution Ol the United
States having delegated to congress Il power to
punish treason. Tor cOunterieiting the securities
and current coin of the United States. praces
and telonics committed on the high seas, and Of
tenses 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-
stituiOn having also declared "tbat the powers
not delegated to the United States by the const-
tuition. nor prohibited by il to the states. are re-
served TO the states respectively. or to the co.
the l4th day OF July 1898, and entitled IAN act
in addition to an act entitleu an act for the pun
ishment Of certain crimes against the United Sta
tes;'' as also the act passed by them on the 21th
OF June, 1898. "enllcd an act TO punish frauds
committed on The bank OF he United States" (and
all their other acts which assumes to create, de-
fne or punish crimes OF her than those enumcra
ted in the constitutional are altogether void and
OF no force, and that the power TO create, define
and punish such other crimes is reserved, and Of
right appcrnins solely and exclusively to the
states each within its own territory.
Resolved That it is true. as n 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 the consti-
tntion 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-
ligion. 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 the same did OF right
rem ln and were reserved to the states or the
people; that thus was manifested their determine
ton to retain to themselves the right Of judein,
how far the licenouSness OF speech and Of the
press my be abridged without lessening their
useful freedom; md how far those abuses which eau
not be separate1 from their use should be tolcru
ted rather than the he destroyed and thus also
they guarded against all abridgment. by the U.
States, OF the lleedOm Of religious opinions and
exercises ard retained o Themselves The light OF
protecting the same. this state. by law passed
on the general demand OF its citizens had already
protected them from Ill human restraint or inter
ference; and that, in addition TO this general
principle and express declaration, another anu
more special provision has been made by one OF
the amendments to the constitution, which eX
DreSsly declares. that congress shall make no law
respecting an establishment of religion or pro
h;biting the free exercise thereof. abrdgine
the freedom OF speech or OF the press" thereby
guarding in the same sentence. and under the
same words. the freedom of religion, Of speech.
and of the press, nsomuch, that whatever viola
ted either. throws down the sanctuary which Gov
ers the others. and that lbels. ialsehoods and def
amatiOn, equally with hercsy and false rel gion
are withheld from the cogniZance of Federal trbu.
nails. That therefore the act OF the coner,s ss
OF the United States, passed on the 4th of July.
1895 entitled IAN act in addition to the act enti
tied IN 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
gether void and of no force.
Resolved. That alien friends under the ju-
rsdictOn and protection Of the laws OF the states
wherein they are; that no power over them has
been delegated to the United States. nor piohibi-
ted to individual states distinct from their power
over citizens, and il being true us genera prn-
ciple, and one OF the amendments TO The consiitu-
ton having also declared that "lhe powers moi
delegated to 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 Cf July l79S. assumes power over aliens
not delegated to the constitution. is not law, but
is altogether void and of no force.
Resolved. That in addition TO the general prn
ciple rs Will as the express declaration, that pow
crs not lrgaied are reserved. another and more
special provision inserted in the cOnstitu tion.
from abundant caution has declared that ''lhe
migration or importation of such persons as any
OF til, states now existing shall think proper to
admit shall not be prohibited by The congress pr-
or to the year lS0S;' that this commonwealth
does admit the migration of alien friends describ-
ed as the subject OF The said act concerning aliens;
that provision ag inst prohibiting their mi gra-
tion is provision against all acts equivalent
thereto. or il would be nugatory; that to remove
them when migrated is equivalent TO the prohi-
btion Of their migration and is. therefore. con-
trary to the said provision Of the constitution,
and void.
Resolved That the Imprisonment of a person
under the protection of the laws OF this common
wealth on his failure to obey The simple order OF
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 cOnsitu
ton one amendment to which has provided that
no person shall he deprived OF liberty without due
process Of law" and that another having provi-
dcd that in all criminal prosecutions the accus
cd shall enjoy the right TO public trial by 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 Presi
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
ton, and is, therefore, not law, but utterly
void, and of no force. The transferring the power
OF judging amy 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 o
the constitution which provides that 1.-The judicial
power OF the United States shall be vested in
courts, the judges OF which shall hold their Offices
during good behavior" and the said act is void
for that reason ALSO and it is further 10 be noted
thli this tra slrr of iulicilrY nQXer is tn tha1