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Show ) 188 KENTUCKY HESOLUTIONB OF 1798--9. United States;" as al o the act passed by them on the 27th day of Juue, 17!)8, entitled an Act to puuish frauds comruiLtcd on the Bank of the United States, (anu all other their acts which assume to create, define, or puni h crimes other than those cnumcratcu in the Constiluliou,) nrc a.ltogrthcr void, and of no force ; and thai the power to creato define, and punish such other crime i reserved, and of right' appertains, solely and cxclu. ivcly to the respective States, each within its own territory. 3. Resolved, rrlw.t it is true, ns a gcuernl prin ci pic, and is a1 o cxprc: ly declared by one of the amcntlrncllls of the Con,·titution, that "the powers not dclrp;n.tcd to the United States by the Constitution, nor prohibited uy it to the States, arc reserved to the States rei-~ p ccLivcly, or to tho people;" and that, no power over the freedom of rcligiou, freedom of speech, or freedom of the press, being delegated to the United States by the Constitution, 110r prohibited by it to the States, all lawful powers rcspecti ng the same did of right remain, n.nd were reserved to the States, or to tho people; that thus was manifc ·ted their determination to I retain to themselves the right of judging how far the liccn-tion ne, s of pcech, and of the press, may be abridged without lessening their useful frccclom, and how far those abuses which cannot be separated from thcit· usc should be tole- ' rated rather than the use be destroyed ; nn<l thus also they gun.rdcd against n11. abridgment, by the Uuited States, of the freedom of all religious principles and exercises, andretained to themselves the right of protecting the same, as thns sLated, by a law passed on the general demand of its ci tizcns, had already protected them from nll human re· slraiut ot· interference, and that, in addition to this general princi plc, and express determination, another and more special provision has been made by one of the amendments to the Constitutiou, which expressly declares, that "Con· gre:s ~hall make no laws rc, peeting an eRtabJishment of re· KENTUCKY H~SOLUTIONS OF 1798--9. 189 ligiou, or prohibiting tho free oxrrcise thereof, or abridging the freedom of spoeeh ot· the pr ss," thcrohy gmu·uing in the same sentence and under the sa. me words, the freedom of religion, of speech, and of the press, insomneh that whatever violates either throws down the sanctuary which covers tho others,-and that libels, falsehood und defamation, equally with heresy and fa.lse religion, arc withheld from the cognizaucc of federal tribunals. That, therefore, the act of tho Congress of tho United SLates, passed on tho 14th of July, 1798, entitled , An Act in adclition to the Act entilled an Act for the puniHhment of ccrln.in crimes against the United State:," which docs ahrid~c the frc dom of the press, is not luw, but is nJtogeLher void, and of no force. 4. Re:olved, 'fhat alien friends aro undct· tltc jnri diction and protection of the laws of tho Sln.to wl1ercin they arc ; that no power over them has been deleO'aicd to tho Uniteu States, nor prohibited to tho individual State~, distinct from their powct· over citizens; and it bci ng trno as a gcncrn. l principle, and one of the amendments to the ConHtitution hnving n.l o declared, that "the powers not del gated to the United Stale~ by the Constitn lion, nor prohibitcll to tho Stales, arc rcserv d to the States, respectively, or to the people," the Act of the Cong1·cs of the United State , passed Lhc 22nd du.y of June, 179 , cntitlcll, "An Act conceming Aliens," which assumes power over alien fri 'lHls not delegated by the Constitution, is not law, but is alto-gether void anu of no force. 5. Resolvc(l, 'rha.t, in adJ.ition to the general principle, as well as the express decln.ration, that powers not <.l ·legated arc res rvcd, anoth r and more spcein.l provision, inserted in the Constitution from abunc1anl cn.ntion, has deelat ·cd, "that the migrn.tion or importn.tion of Huch persons as any of tho Stales now cxi t,ing shall think proper to admit, shall not uo prohibited by tho Congress prior to the ycn.r 1808." That this commonwealth does ndmit the |