The Placer herald., 1866-02-03
Kentucky Resolutions of 1798-.. Drafted
by Thomas Jefferson.

Resolved, That the several States compost ng
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 Constitution for the United States,
and Of amendments thereto they constituted
| General Government for special purposes, dele
| gated to that government certain detnitve pow
ers, reserving each State to itself the resduary
| mass of right TO their own self government, and
that whensoever the general government assumes
| undelegated powers, its acts are unauthorized,
| void and OF no lorce that to this compact each
state acccded as state, and is an integral 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
right to judge tor itself as well of iniractiOns rs
| Of the mode and measure OF redress.
Resolved, That the Constitution of the United
/ States having delegated to congress power to
punish treason, tor counterfeiting the securities
! and current coin of the United States piracies
, and telonies committed on The high seas, and Of
! fenses against the law OF nations, and no other
I crime whatsoever, and it being true as Il general
principle. and one of the amendments 10 the con
| sttution having also declared "that the powers
not delegated to the United States by the consti-
| tuition, nor prohibited by i, to the states are re-
served to the states respectively, or to the peo-
| ple' therefore, the Act of Congress, passed on
the l 4th day Of July, 1898, and entitled ian act
| in addition to an act entitled act for the pun
| ishment of certain crimes against the United Sta
tes;" as also the act passed by them on the 9th
, of June, 1898, ''entited an act to punish frauds
! committed on the bank of the United States (and
/ all their other acts which assumes to create, de-
| fine or punish crimes other than those enumera
| Ted n the constitution are altogether void and
of no force, and that the power TO create, define
and punish such other crimes is reserved, and of
! right appcrtains solely and exclusively to the
| states. each within its own territory.
Resolved, That it is true, 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-
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-
ligon. freedom of speech, or freedom OF the press
being delegated to the United States by the con-
stituton, 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 determina-
ton to retain to themselves the right Of jud gine
how far the lcentousness of speech and of the
press may be abridged without lessenng their
useful trcedC and how far those abuses which can
not be separated from their use should be olera
ted rather than the use be destroyed and thus also
they guarded against all abridgment by the U.
States, of the freedom of religious 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 already
protected them from all human restraint or inter
ference: and that, in addition TO 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 dec lares, that congress shall make no law
respecting an establishment of religion, or pro-
hibiting the free exercise thereof, or abridging
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, insomuch, that whatever viola
ted either, throws down the sanctuary which COW
ers the others. and that lbels falsehoods and def
amaton. equally with heresy and false religion
are Withheld from the cogniZance OF Federal tribu-
nails That therefore the act of the congress
of the United States, passed on the l4th of July
1898, entitled "an act in addition to the act enti-
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
gether void and of no force.
Resolved, That alien friends are under the ju-
risdiction and protection Of the laws of the states
wherein they are; that no power over them has
been delegated to the United States nor prohibi-
ted to individual states distinct from their power
over citizens, and it being true as genera prin-
ciple. and one of the amendments to the consttu-
tion having also declared that "the powers not
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 Of July, 1898, 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 prin-
ciple well as the express declaration, that pow
crs not dele gated are reserved, another and more
special provision inserted in the constitution
from abundant caution has declared that 1.-The
migration or importation OF such persons as any
of the states now existing shall think proper to
admit shall not be prohibited by the congress pri-
or to the year 180S;" that this commonwealth
does admit the migration of alien friends describ-
ed as the subject of the said act concerning Aliens
that provision against prohibiting their mi gra-
ton is provision against all acts equivalent
thereto or it would be nugatory; that to remove
them when migrated is equivalent to the prohi
biton of their migration. and is, therefore, con-
trary to the said provision Of the constitution
and void.
Resolved That the Imprisonment OF q 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 constitu.
tion. one amendment to which has provided that
no person shall be dcpriv ed Of liberty without due
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 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 bis 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 iury
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-
therefore. I'M utfa 1v
void, and of no force The transferring the power
of Judging any person who is under the protec-
tion 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 "the judicial
power of the United States shall be vested in
courts, the judges of which shall hold their Offices
durinn aQol helm or ;, nd tho sad o. 4