Year: 1867

government undelegated ITS acts
unaurhortatve, vod and OF no force that 10 this COM
pact each accefied a State and integral
party; ard and its coStaes forming - itself the
other party; and the government, created by this COM
not made the exclusive final Judge of the
tent Of the powers delegated itself since that would
have made its discretion, and the constitution the
Of powers: that In all OF
compact, among powers having common Judge
PARTY HAS EQUAL RIGHT TO JUICE FOR rsF OF
ISFRAcrToNs AS OF THE NODE MEASURE OF REDRESS.


RESOLVED That the Constitution n the United States
having delegated To Congress power punish treason
connferftug the securities and current coin Of the Uni
ted States, praces and feiones committed on the high
and offences against the law of nations and no other
crime whatsoever, and being true general princ


pie. and one Of the amendments TO the Constitution hav
ing also declared " that the not delegated 10 the
United States by the constitution prohibited by il TO
the States reserved TO the States respectively or TO
the people therefore, the of Congress passed the
liih day of July eS and entitled IAN act in addition to
the act entitled act for the punishment of certain
against the United States also the act passed
by them the 9th nf June. lT9s, entitled an act to
punish frauds commte ed the bank of the United States
land all of their other which to create de-


fine punish crimes other than those enumerated in the
constitution are altogether void and of force, and
that the power define. and punish such other
crimes is reserved and OF right arperains solely and ex
tlusively the States each within. its territory.


s. RESOLVED, That il is true general principle.
and il so expressly declared by Of the amendments
to the constitution that the powers not delegated to the
United States sy the constitute prohibit ed by it TO
the reserved the States respectively to
the people - and that power the freedom OF re-


gon SPEECH OR FREEhoM OF rHs PRESS BEING
TO THE UNITED STATES By rue nor
prohibited by 10 the States, all lawful powers respect
ing the RIGHT REMAIN. AND WERE RESERVED TO
STATES that thus was manifest ed their
determination retain to themselves the right of judg
ing centiousness If speech and of the
NAV abridged without ening their useful freedom
how those abuses which cannot be separated from
their should be tolerated rather than the be de-
stroyed and thus also they guarded against all abrdge
ment by the United States, of the freedom of religious
opinions and exercises and retained TO themselves the
right of protecting the same, this State, by law
passed the general demand of its citizens had already
protected them from all human restraint interference
and that in this general principle and express
dacIa finn
made by Of the amendments to the constitution,
which expressly declares that Congress shall make no
law respecting establishment Of religion, prohibit
ing the free exercise thereof abrdging the freedom OF
speech of the press. thereby guarding in the same
sentence and rnder the words the freedom of
lgnn speech and of the press, insomuch. that what
violated either throws down the sanctuary which
the others and that libels, sehood and defma
tion, equally with heresy and false religion are withheld
the cUgnizance of Federal tribunals That there
un the l4th July I79S entitled act in addition
the net entitled act for the punishment of certain
crimes against the United States,' which does abrdge
the freedom Of the press is not law but is altogether
void and Of no force.


= RESOLVED That alien friends are under the jursdic-
protection of the laws of the State wherein they
are power them has been delegated to the
United States prohibited to individual States distinct
from their power citizens, and it being true,
general prin ple, and of the smenlnents to the
constitution having also declared that 90 the not
delegated TO the United States are reserved to the States
rosetivey, the people" the act of the Congress
the United states passed the 22d day of JHy 1885,
sues power aliens not delegated to te constitution
is law. but is altogether void and of no force.


RESOLVED, That in addition TO the general principle
the express declaration, that not dele
gated reserved, another and more special provision


serted in the constitution from abundant caution has
declared IN the migration importation of such per-
sous any Of the States existing shall think per
10 admit shall be prohibited by tire Congress prior to
the wear lSs =: that this commonwealth does admit the
migration of alien friends described as the subject of the
aliens that provision against pro-
hbiting their migration is provision against all acts
equivalent the prohibition of their mgatcn aud is,
therefore contrary to the said provision OF the constitu
ton, 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 of the president de-
part OF the United States is undertaken by the said
act entitled an act enng aliens. rs contrary to
the constitution, amendment to which has provided
that person shall be deprived of liberty without
process Of law and that another having provided THAT
in all criminal prosecutions the accused shall enjoy the
right 10 public trial hy impartial jury, he informed
of and cause of the to be confronted
with the witnesses against him, to have compulsory pro-
obtaining witnesses in his fvor and to have the
assistance Of counsel for his Defence the
dertakng authorize the president to person
the United States who is under the protection of the
law on his suspicion without accnsation without


rv without public trial, without conformation of the


witnesses against him. without hearing witnesses in his
favor with defence. without counsel is contrary to
these urvi ons also of the constitution and is therefore
nnt law but utterly void and OF no force The trans
errng the power OF Judging person who under the
protection of the laws from the courts OF the president
the United States is undertaken by the act
cernng aliens against the articles of the constitution
which provides that " the judicial of the Unite
States he in the Judges of which shall





void for that Also and is further 10 be noted
that this transfer of judiciary power is to that magistrate
of general government 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 t. exPound certain general phrases
(Which having been copied from the very limited grant
Of power the former articles of considerations were
the less liable to be mlsconStrGed to destroy the
gen government las evinced by Sunry of their pro-
ceengs those parts If the constitution of the United
States which delegated to Congress power TO Law and
| duties mppSts, deht
and rovic the defence and general welfare
f the 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 OF
the United States or in any department officer thereof


goes the destruction of all limits prescribed to their
power by the cOnstituonthat words meant by the in
be subsidiary only to the execution of limited
powers ought not to be SO construed themselves to
give unlimited powers part Of them 70 be taken as
~ destroy the whole residue Of the instrument That
articles will he fit and necessary subject for revsa
and correction ~ time of greater tranquility, while
those specified in the preceding resolutions call for mme
diate redress.


mtted the senators and representatives in Congress
from the commonwealth, who enjoined o present the
same TO their respective houses and their best en-.
procure at the session Of Congress repeal
Of the aforesaid unconstitutional and obnoxious


@ RESOLVED. lastly, That the governor OF this
wea tn be- and authorized aud requested to communicate
the preceding resolutions to the legislatures Of the several
States TO them that this commonwealth considers
union for specified national purposes and particularly for
those specified in their late federal compact friendly
happiness prosperity OF all the
that faithful 20 that compact. according to the plain intent
and meaning in which il understood and acoeded to
hy the several parties il is sincerely anxious for its pre-
servaton that il does also believe thar take the
States all the If sefovernment, and them
70 general and consolidated government. without re-
gard the special delegations and reservations solemny
agreed that compact net for the peace happiness
and prosperity of these States. And tnat therefore this
is determined it doubts coStates
are submit 10 undelegsed and nseaeny unlimited
powers in or body of men, earth that if the
acts hef specified should stand these conclusions would
how from then that the general government may place
they think the list Of crimes aud punish
it themselves whether enumerated by
constitution cognizahe by them that they
fer ccxnissnce the president any other person.
who may himself he the COUNSEL judge and jury
whose suspicious be the evidence, his order the
teace officer the eXecutoner and his breast the sole
record of the transaction that and valu
able description Of the Inhabitants of these States being
by this precedent reduced outlaws the absolute
om lion and the barriers Of the constitution
thus swept from ALL rampant remains against
the passions and the power Of majority of Congress
protect from like eSpcrtaon ether grievoIs punish
nen the minority of the body. the legislatures
Judges governors and counseors of the States their
other peaceahle who venture to reclaim
the constitutional rights and liberties of the State and
pepia or who other good bad, be ob
aoxous the views marked by the suspicious Of the
president be thought dangerous 70 his or their ee
tion public personal that e. send
h..k Nf 6rx4