government for special purposes, delegated to that government certain definite powers, reserving, each state to itself, the residuary mass of right to their own self-government; and, that whensoever the general government as than the use be destroyed; and thus also they guarded against all abridgment by the United States, of the freedom of religious principles and exercises, and retained to themselves the right of protecting the same, as this, stated sumes undelegated powers, its acts are unau- by a law passed on the general demand of its thoritative, void, and of no force; that to this citizens, had already protected them from all compact each state acceded as a state, and is human restraint or interference: and that, in an integral party; that this government, cre- addition to this general principle and express ated by this compact, was not made the ex- declaration, another and more special provi clusive 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 parties having no common judge, each party has an equal right to judge for itself, as well of infractions as of the mode and measure of redress. 2. Resolved, That the Constitution of the United States having delegated to Congress a power to punish treason, counterfeiting the securities and current coin of the United States, piracies and felonies committed on the high seas, and offences against the laws of nations, and no other crimes whatever; and it being true, as a general principle, and one of the amendments to the Constitution having also declared, that the powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people," therefore also the same act of Congress, passed on the 14th day of July, 1798, and entitled "An act in addition to the act entitled An act for the punishment of certain crimes against the United States;" as also the act passed by them on the 27th day of June, 1798, entitled "An act to punish frauds committed on the Bank of the United States," (and all other their acts which assume to create, define, or punish crimes other than those enumerated in 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 appertains solely and exclusively to the respective states, each within its own territory. 3. Resolved, That it is true, as a general principle, and is also expressly declared by one of the amendments to the Constitution, that "the powers not delegated to the United States by the Constitution, Co nor prohibited by sion has been made by one of the amendments to the Constitution, which expressly declares, that "Congress shall make no laws respecting an establishment of religion, or prohibiting 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 violates either, throws down the sanctuary which covers the others; and that libels, falsehood, and defamation, equally with heresy and false religion, are withheld from the cognisance of federal tribunals. That therefore the act of the Congress of the United States, passed on the 14th of July, 1798, entitled "An act in addition to the act entitled 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 altogether void and of no force. 4. Resolved, that alien friends are under the jurisdiction and protection of the laws of the state wherein they are: that no power over them has been delegated to the United States, nor prohibited to the individual states distinct from their power over citizens; and it being true, as a general principle, and one of the amendments to the Constitution having also declared, that "the powers not delegated to the United States by the Constitution, nor prohibited to the states, are reserved to the states respectively, or to the people," the act of the Congress of the United States, passed the 22d day of June, 1798, entitled, "An act concerning aliens," which assumes power over alien friends not delegated by the Constitution, is not law, but is altogether void and of no force. 5. Resolved, That in addition to the general principle as well as the express declaration, that powers not delegated are reserved, another and more special provision inferred in the Constitution, from abundant caution has declared, "that the migration or importation of such persons as any of the states now existing shall think proper to admit, shall not it to the states, are reserved to the states respectively, or to the people;" and that no power over the freedom of religion, freedom of speech, or freedom of the press being delegated to the United States by the Constitu- be prohibited by the Congress prior to the year 1808." That this commonwealth does admit the migration of alien friends described as the subject of the said act concerning aliens; that a provision against prohibiting their migration, is a provision against all acts equivalent thereto, or it would be nugatory; that to remove them when migrated is equiva lent to a prohibition of their migration, and tion, nor prohibited by it to the states, all lawful powers respecting the same did of right remain, and were reserved to the states or to the people; that thus was manifested their determination to retain to themselves the right of judging how far the licentiousness of speech and of the press may be abridged without lessening their useful freedom, and how far those abuses which cannot be sepa- is, therefore, contrary to the said provision of rated from their use should be tolerated rather the Constitution, and void. 6. Resolved, That the imprisonment of a person under the protection tion of the laws of this commonwealth 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, "An act concerning aliens," is contrary to the Constitution, one amend cified in the preceding resolutions call for immediate redress. 8. Resolved, That the preceding resolutions be transmitted to the Senators and Representatives in Congress from this commonwealth, who are enjoined to present the same to their respective Houses, and to use their best en tional and obnoxious acts. ment in which has provided, that "no person deavors to procure at the next session of Conshall be deprived of liberty without due pro-gress a repeal of the aforesaid unconstitucess of law," and, that another having provided, "that in all criminal prosecutions, the accused shall enjoy the right to a public trial by an impartial jury, to be informed as to the nature and cause of the accusation, to be confronted with the witnesses against him, to have compulsory process for obtaining witnesses in his favor, and to have assistance of counsel for his defence," the same act undertaking to authorize the President to remove a person out of the United States who is under the protection of the law, on his own suspicion, without jury, without public trial, without confrontation of the witnesses against him, without having witnesses in his favor, without defence, without counsel, is contrary to these provisions also of the Constitution, is therefore not law, but utterly void and of no force. That transferring the power of judging any person who is under the protection 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 the courts, the judges of which shall hold their office during good behavior," and that the said act is void for that reason also; and it is further to be noted that this transfer of judiciary power is to that magistrate of the general government who already possesses all the executive, and a qualified negative in all the legislative powers. 7. Resolved, That the construction applied by the general government (as is evident by sundry of their proceedings) to those parts of the Constitution of the United States which delegate to Congress power to lay and collect taxes, duties, imposts, excises; to pay the debts, and provide for the common defence and general welfare of 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 any department thereof, goes to the destruction of all the limits prescribed to their power by the Constitution: That words meant by that instrument to be subsidiary only to the execution of the limited powers, ought not to be so construed as themselves to give unlimited powers, nor a part so to be taken as to destroy the whole residue of the instrument: That the proceedings of the general government under color of those articles, will be a fit and necessary subject for revisal and correction at a time of greater tranquillity, while those spe 9. Resolved lastly, That the governor of this commonwealth be, and is hereby authorized and requested to communicate the preceding resolutions to the legislatures of the several states, to assure them that this commonwealth considers union for special 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-that, 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 preservation; that it does also believe, that to take from the states all the powers of self-government, and transfer them to a general and consolidated government, without regard to the special delegations and reservations solemnly agreed to in that compact, is not for the peace, happiness, or prosperity of these states; and that, therefore, this commonwealth is determined, as it doubts not its co-states are, to submit to undelegated and consequently unlimited powers in no man, or body of men on earth: that if the acts before specified should stand, these conclusions would flow from them; that the general government may place any act they think proper on the list of crimes and punish it themselves, whether enumerated or not enumerated by the Constitution as cognisable by them; that they may transfer its cognisance to the President or any other person, who may himself be the accuser, counsel, judge, and jury, whose suspicions may be the evidence, his order the sentence, his officer the executioner, and his breast the sole record of the transaction; that a very numerous and valuable description of the inhabitants of these states, being by this precedent reduced as outlaws to the absolute dominion of one man and the barriers of the Constitution thus swept from us all, no rampart now remains against the passions and the power of a majority of Congress, to protect from a like exportation or other grievous punishment the minority of the same body, the legislatures, judges, governors, and counsellors of the states, nor their other peaceable inhabitants who may venture to reclaim the constitutional rights and liberties of the states and people, or who, for other causes, good or bad, may be obnoxious to the view or marked by the suspicions of the President, or to be thought dangerous to his or their elections or other interests, public or personal; that the friendless alien has been selected as the safest subject of a first experiment; but the citizen will soon follow, or rather has already followed; for, already has a sedition act marked him as a prey: that these and successive acts of the same character, unless arrested on the threshold, may tend to drive these states into revolution and blood, and will furnish new calumnies against republican governments, and new pretexts for those who wish it to be believed, that man cannot be governed but by a rod of iron; that it would be a dangerous delusion were a confidence in the men of our choice to silence our fears for the safety of our rights; that confidence is everywhere the parent of despotism; free government is found in jealousy and not in confidence; it is jealousy and not confidence which prescribes limited constitutions to bind down those whom we are obliged to trust with power; that our Constitution has accordingly fixed the limits to which, and no farther, our confidence may go; and let the honest advocate of confidence read the alien and sedition acts, and say if the Constitution has not been wise in fixing limits to the government it created, and whether we should be wise in destroying those limits? Let him say what the government is, if it be not a tyranny, which the men of our choice have conferred on the President, and the President of our choice has assented to and accepted over the friendly strangers, to whom the mild spirit of our country and its laws had pledged hospitality and protection; that the men of our choice have more respected the bare suspicions of the President than the solid rights of innocence, the claims of justification, the sacred force of truth, and the forms and substance of law and justice. In questions of power, then, let no more be said of confidence in man, but bind him down from mischief by the chains of the Constitution. That this Commonwealth does thorefore call on its co-states for an expression of their sentiments on the acts concerning aliens, and for the punishment of certain crimes hereinbefore specified, plainly declaring whether these acts are or are not authorized by the federal compact. And it doubts not that their sense will be so announced as to prove their attachment to limited government, whether general or particular, and that the rights and liberties of their co-states will be exposed to no dangers by remaining embarked on a common bottom with their own: but they will concur with this commonwealth in considering the said acts as so palpably against the Constitution as to amount to an undisguised declaration, that the compact is not meant to be the measure of the powers of the general government, but that it will proceed in the exercise over these states of all powers whatsoever. That they will view this as seizing the rights of the states and consolidating them in the hands of the general government, with 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 against their consent; that this would be to surrender a the form of government we have chosen, and EDMUND BULLOCK, S. H. R. THOS. TODD, C. H. R. concurred in. B. THURSTON, C. S. Attest, JAS. GARRARD, Gov. of Ky. HARRY TOULMIN, Sec. of State. House of The House, according to the standing order of the day, resolved itself into a committee of the whole House, on the state of the commonwealth, Mr. Desha in the chair; and after some time spent therein, the speaker resumed the chair, and Mr. Desha reported that the committee had taken under consideration sundry resolutions passed by several state legislatures, on the subject of the alien and sedition laws, and had come to a resolution thereupon, which he delivered in at the clerk's table, where it was read and unanimously agreed to by the House, as follows: The representatives of the good people of this commonwealth, in General Assembly convened, having maturely considered the answers of sundry states in the Union, to their resolutions passed the last session, respecting certain unconstitutional laws of Congress, commonly called the alien and sedition laws, would be faithless, indeed, to themselves and to those they represent, were they silently to acquiesce in the principles and doctrines attempted to be maintained in all those answers, that of Virginia only excepted. To again enter the field of argument, and attempt more fully or forcibly to expose the unconstitutionality of those obnoxious laws, would, it is apprehended, be as unnecessary as unavailing. We cannot, however, but lament that, in the discussion of those interesting subjects by sundry of the legislatures of our sister states, unfounded suggestions and uncandid insinuations, derogatory to the true character and principles of this commonwealth, have been substituted in place of fair reasoning and sound argument. Our opinions of these alarming measures of the general government, together with our reasons for those opinions, were detailed with decency and with temper, and submitted to the discussion and judgment of our fellowcitizens throughout the Union. Whether the like decency and temper have been observed in the answers of most of those states who have. denied or attempted to obviate the great truths | acquiescence on the part of this commonwealth contained in those resolutions, we have now only to submit to a candid world. Faithful to the true principles of the Federal Union, unconscious of any designs to disturb the harmony of that Union, and anxious only to escape the fangs of despotism, the good people of this commonwealth are regardless of censure or calumniation. Least, however, the silence of this commonwealth should be construed into an acquiescence in the doctrines and principles advanced and attempted to be maintained by the said answers, or least those of our fellow-citizens throughout the Union who so widely differ from us on those important sub in the constitutionality of those laws, and be Extract, &c. Attest, T. TODD, C. H. R. curred in. Attest, Louisiana. B. THURSTON, C. S. THE Act of March 26, 1804, divided all that country ceded by France to the United States under the name of Louisiana, into two thereof the territory of Orleans. jects, should be deluded by the expectation, territories, constituting the southern portion that we shall be deterred from ceive our duty, or shrink from the principles contained in those resolutions-therefore, The tenth section of the bill contained the following provision : Resolved, That this commonwealth considers the Federal Union, upon the terms and for the purposes specified in the late compact, as conducive to the liberty and happiness of the several states: That it does now unequivocally declare its attachment to the Union, and to that compact, agreeably to its obvious and real intention, and will be among the last to seek its dissolution: That if those who administer the general government be permitted to transgress the limits fixed by that compact, by a total disregard to the special delegations of power therein contained, an annihilation of the state governments, and the creation upon their ruins of general consolidated govern. ment, will be the inevitable consequence: That the principle and construction contended for by sundry of the state legislatures, that the general government is the exclusive judge of the extent of the powers delegated to it, stop nothing short of despotism-since the discretion of those who administer the gov- Macon, of North Carolina, from a committee ernment, and not the Constitution, would be to whom had been referred the memorial of the measure of their powers: That the several the legislature of that territory, was brought states who formed that instrument being to a vote in the House on the 15th of January, "It shall not be lawful for any person or persons to import or bring into the said territory, from any port or place within the limits of the United States, or to cause or procure to be so imported or brought, or knowingly to aid or assist in so importing or bringing any slave or slaves, which shall have been imported since the first day of May, one thousand seven hundred and ninety-eight, into any port or place within the limits of the United States, or which may be so imported, from any port or place without the limits of the United States; and every person so offending, and being thereof convicted before any court within said territory, having competent jurisdiction, shall forfeit and pay for and every slave so imported or brought, the sum of three hundred dollars, one moiety for the use of the United States, and the other to the use of the person or persons who shall sue for the same; and no slave or slaves shall, directly or indirectly. be introduced into said territory, except by a citizen of the United States, removing into said territory for actual settlement, and being at the time of such removal bona fide owner of such slave or slaves; and every slave imported or brought into the said territory, contrary to the provisions of this act, shall thereupon be entitled to a sovereign and independent, have the unquestionable right to judge of the infraction; and that a nullification by those sovereignties of all unauthorized acts done under color of that instrument is the rightful remedy: That this commonwealth does, under the most deliberate reconsideration, declare that the said alien and sedition laws are, in their opinion, palpable violations of the said Constitution; and, however cheerfully it may be disposed to surrender its opinion to a majority of its sister states, in matters of ordinary or doubtful policy, yet, in momentous regulations like the present, which so vitally wound the best rights of the citizen, it would consider a silent acquiescence as highly criminal: That although this commonwealth, as a party to the federal compact, will bow to the laws of the Union, yet it does, at the same time, declare that it will not now, or ever hereafter, cease to oppose in a constitutional manner every attempt, at what quarter soever offered, to violate that compact. And, finally, in order that no pretext or arguments may be drawn from a supposed and receive his or her freedom." The bill authorizing the people of Orleans territory to form a constitution and state government, reported in the House by Mr. 1811. The opposition to the bill in the House grew out of the want of power contended for by those who opposed the bill to admit new states created out of territory not originally within the limits of the United States. To use the language of Mr. Quincy, of Massachusetts, who spoke against the bill "The creation of new states or political sovereignties, without the original limits of the United States, is a usurpation of power not warranted by a sound construction of the Constitution." The vote on the passage of the bill in the House was yeas 77, nays 36. The negative vote was as follows: Messrs. Bigelow of Mass., Blaidsell of N. H.. Chamberlain of N. H., Chamberlin of Vt., Chittenden of Vt., Davenport of Conn., Ely of Mass., Emott of N. Y., Goldsborough of Md, Gold of N. Y., Hale of N. H., Heister of Pa., Hubbard of Vt.. Huntington of Conn., Jackson of R. I., Jenkins of Pa., Беу of N. C., Milnor of Pa., Moseley of Conn., Pearson of N. C. Pitkin of Conn... Potter of R. I., Quincy of Mass., Stanley of N. C., Sturges of Conn., Swoope of Va., Taggart of Mass, Talmadge of Conn., Van Dyke of Del., Van Horn of Md., Van of Md., Lewis of Va., R. L. R. Livingston of N. Y., McRride Rensselaer of N. Y., Wheaton of Mass., Wilson of N. H. In the Senate, January 30, 1811, on motion, AMERICAN PARTY OF. of Mr. Dana to amend by inserting the following proviso, Provided, That this act shall not be understood to admit such state into the Union as aforesaid, unless each of the states shall consent to the same, It was negatived as follows: Md.-10. YEAS. Messrs. Bradley of Vt., Champlin of R. I., Dana of Conn., German of N. Y., Gilman of N. II., Goodrich of Conn., Horsey of Del., Lloyd of Mass., Pickering of Mass., Reed of NAYS.-Messrs. Campbell of O., Clay of Ky., Condit of N. J., Franklin of N. C., Gaillard of S. C., Gregg of Pa., Lambert Son of Vt. Smith of Md., Smith of N. Y., Tait of Ga., Taylor of S. C., Turner of N. C., Whiteside of Tenn., Worthington of N. J., Leib of Pa., Matthewson of R. I., Pope of Ky., Robin of 0.-18. On motion of Mr. Dana, further to amend, Provided, That this act shall not be understood to admit such state into the Union as aforesaid, unless there shall be a constitutional amendment empowering the Congress to admit into the Union new states formed beyond the boundaries of the United States, as known and understood at the time of establishing the Constitution of the United States. It was determined in the negative, yeas 8, nays 17. The vote was the same as in the previous amendment, with the exception that Messrs. Bradley, Horsey, and Robinson did not vote at all on this. The bill passed the Senate on the 7th of February, 1811, by a vote of yeas 22, nays 10. YEAS.-Messrs. Anderson of Tenn., Brent of Va., Campbell, Clay, Condit, Crawford, Cutts, Franklin, Gaillard, Gregg, Lambert, Leib, Matthewson, Pope, Robinson, Smith of Md., Smith of N. Y., Tait, Taylor, Turner, Whiteside, Worth The territory of Orleans, in pursuance of the act, formed a state constitution under the name and title of the State of Louisiana. This constitution was communicated to Congress on the 3d of March, 1812, by President Madison. The bill for the admission of Louisiana, reported by Mr. Dawson in the House, from a committee appointed on the message of the President relative thereto, passed the House on the 20th of March, 1812, by a vote of yeas 79, nays 23. The negative vote was as follows: Messrs. Bleecker of 'N. Y., Champion of Conn., Chittenden of Vt., Ely of Mass., Emott of N. Y., Fitch of N. Y., Jackson of R. I., Law of Conn., Lewis of Va., Livingston of N. Y., Milnor of Pa., Mosely of Conn., Pearson of N. C., Pitkin of Conn., Quincy Mass., Reed of Mass., Sammons of N. Y., Seybert of Pa., Stuart of Md., Sturges of Conn., Tallmadge of Conn., Wheaton of Mass., White of Mass. The bill passed the Senate on the 31st of March, 1812, with some amendments, which were concurred in by the House, and it became a law by the approval of the President, on the 8th of April, 1812. Thus Louisiana was admitted as a state. From speech of Mr. George Eustis, of La., in House of Representatives, January 7, 1856: We hold, sir, in Louisiana, and we hold it as a cardinal maxim-and I hope to God that it will be so held in every state of this Union -that religious faith is a question between each individual and his God; and we consider that any attempt to abridge or circumscribe religious freedom is unworthy of our great country, and must be repudiated by every party in this country. We consider that it is in violation of the organic laws of the land; and in that spirit the American party in Louisiana repudiated the eighth article of the Philadelphia platform; and, sir, I now repudiate it in toto. I care not, sir, what construction gentlemen, in perfect good faith, may be pleased to put upon it, I know that gentlemen have addressed this House, and told us that they meant nothing by the eighth article of the Philadelphia platform; that is to say, that the construction which they place upon it could not be considered as offensive as against American Catholics, and therefore as inoperative and innocent as against that class of our citizens. But, Mr. Clerk, as I said before, I care not what construction they put upon it. I listened with pleasure to the remarks of the eloquent gentleman from the Louisville district (Mr. Humphrey Marshall], and I am satisfied that that gentleman agrees with me entirely. I am satisfied that the honorable gentleman from the Louisville district does not intend to proscribe American Catholics. I am satisfied that, when he says that he is in favor of the broadest religious liberty, what he says comes from the bottom of his heart, and that he stands with me, where every American must stand, upon the broad of religious liberty. (Applause in the galleries.] But, as I said before, I care not what construction is put upon it. The words are there in white and black, and they are offensive and insulting to the American Catholics of Ameri ca. Let us look at what took place in the state of Virginia during the last state election.. What was the construction which the American candidate for governor of that state placed upon the eighth article of the Philadelphia platform? We all know that, in the early part of his canvass, that candidate published a letter in which he said he never would vote for a Catholic. Thank God, that gentleman was defeated, and, sir, he ought to have been defeated. There was enough in that letter to defeat ten thousand candidates for governor; and I trust that every man who holds such odious and monstrous doctrines, will ever meet with as deep a political grave as the honorable gentleman, the American candidate for governor of Virginia, has met with. I agree with the honorable gentleman from Mississippi [Mr. Bennett] when he says, if the eighth article of the Philadelphia platform does not mean to proscribe Catholics, it means |