Year: 1864




ACT concerning aliens. is against the article OF
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 o be noted
that this transfer Of judiciary power is to that
magistrate of the General Government who al
ready possesses all the executive, aud negative
on all Legislative powers,


Z. ReS0Iued, That the construction applied by
the charter which defines them; aud that indca-
| tons have appeared Of Il design to eNpound Ger
tain general phrases (Which having been copied
from the very limited graft of power in the
former articles of confederation. were the less
liable TO be misconsrued) so rs to destroy the
General Government (as is cviuced by sundry OF
their procecdingS) to those parts Of the constitu-
ton OF the United States which delegate to
Congress power to lay and collect taxes. duties,
mposts, eXcises; to pay the debts and provide for
the common defence and general welfare Of the
United States, and 10 make all laws which shall
be necessary and proper for carrying into execu-
ton the powers vested by the constitution in the
Government Of the United States, or in any de-
parimcnt or officer thereof. goes to the dcstruc-
ton OF all limits prescrit ed to their power by ihc
constitution that words meant by the instrument
to he subsidiary only to the execution of limited
powers. ought not to be so construed rs them
selves to give unlimited powers. nor u part Of
them TO be taken. as to destroy the whole residue
OF the instrument. That the proceeding Of the
General Government under color OF those articles
will be lit and necessary subject for revisal and
correction nj time OF great tranquility, while
those specified in the preceding resolutions call
or Immediate redress.


s. ReSOfccd, That the preceding resolutions be
Transmitted to the Senators and Representatives
in Congress from the commonwealth. who are
enjoincd to present the same to their respective
houses, and to use their best cndeavors to pro-
pur # thp nj al r,l
the ii loresad unconstitutional and obnoxious acts
ReSOiued lastly. That the Governor Of this
commonwealth be, aud is authorized and request
ed to communicate the preceding resolutions TO
the legislatures oil the several States, to assure
them that this commonwealth considers union for
specified national purposes. and particularly for
those specified in their late Federal compact. to be
friendly to the peace, happiness, and prosperity
OF all the States-thlt faithful to that compact,
according to the plain intent and meaning in
which it was understood and acceded to by the
several parties, it is sincerely anxious for its pre-
servation; that it does also believe, that to take
from the States all the powers Of self govern
mcnt, and transfer them TO Il general aud consol-
idatcd government, without regard to the special
delegations and reservations, solemnly agreed to
in that compact, is not for the peace. happiness
and prosperity OF these States. And that. there
fore, this commonwealth is determined. as it
doubts not its co-states are, to submit to unlelc-





man, or body OF men, on earth; that if the acts
hviore specified should stand, these conclusions
would grow from them, that the General Gov
ernmeDt may place any act they think proper on
the list OF crimes and punish it themselves,
whether enumerated or not enumerated by the
constitution cognzlble by them. that they may
transfer It's cognizance to the President or any
other person, who may himself be the accuser.
counsel. judge and jury. whose suspicious may
be the evidence. his order the sentence, his officer
the cXecutoner. and his breast the sole record of
the transaction, that very numerous and valua-
bic description Of the inhabitants of these States,
being by this precedent reduced as outlWs to the
absolute dominion OF one m,n and the barriers
OF the constitution thus swept from all, no
rampant now remains against the passions and
the power of a majority Of Congress to protect
from like expectation or other grevous pan
lshment the majority OF the same body the legis
EtiureS, Judges, governors and counselors OF the
States nor their other peaceable inhtbi tants who
may venture to reclaim tie constitutional lights
and liberties of the States and people. or who
for other causes. good or bad, may be obnoxious
to the views, or marked by the suspicious Of the
Prcsident or to be thought dangerous to his or
their election or other interest," public or person
al; that the lrlendless alien has been selected as
the safest subject OF a first experiment. but the
citizen will soon follow. or rather has already
tollOWed; for already has a seditlon act marked
him as its prey That these and successive acts
OF the same character, unless arrested at the
threshold may tend to drive these States into
revolution and blood and will furnish new calum-
nies against republican government and new
preteXts for those who wish it to be believed that
man cannot he governed but by rod of iron;
that 1T would be u dangerous delusion were Il
confidence in the men OF our choice to silence
our fears for the safety of our rights; that con-
li!encc is everywhere the parent OF despotiSm;
free government is founded in jealousy and not
~, Il
which prcscrIbcs limited constitutions to bind
down those whom we are bliged to trust with
power, that our constitution has fixed the limits
TO which. and no further our confidence may go;
and let the honest advocate of confidence read
the alien and scditon acts, and say il the consti
ton has not been wise in fixing limits to the gov
crnment 1t created, and whether we should be
wise in destroying those limits? Let him say
what the government is, if it be not II tyranny,
which the men OF our choice have conferred on
the President and the President Of our choice has
asScnteu to and accepted over the friendly stran-
gers, to whom the mild spirit Of orr country and
its laws have pledged hospitality and projections;
that the men Of our choice have more respected
the bare suspicious OF the President than the solid
rights OF innocence, the claims o t justification,
the sacred force Of truth, and the forms and sub
stance Of law and justice. In questions OF power,
then. let no more be heard OF confidence in man,
but bind him down from mischief by the chains





docs therefore call on its co-satcs for express
sion OF their sentiments on the acts concerning
aliens. and for punishment of certain crimes.
hercinbctore specified. plainly declaring whether
these are Or are not authorized by the Federal
compact. And it doubts not that their sense will
be announced rs to prove their attachment
unaltered to limited government. whether gen
era or particularly and that the rights and ber
ties OF their costates will be exposed to no dan
gers by remaining embarked on a common bottom
with their own. But they will concur with this
commonwealth in considering the said acts as so
palpable against the constitution as to amount TO
an undisguised declaration that that compact is
not meant to be the measure OF the power OF the
General Government but tha, it will proceed in
the exercise over these states Of all powers what
soever. That they will view this as sclzlng the
ri ghs of the states and consolidating them in the
hands of the General Government, with the power
assumed to bind the states. not merely in cases
made Federal. but in all cases whatsoever, by
laws made not with their consent, but by others
| nor,;p net ,1t M : H.