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Show 250 A POLITICAL TEXT-BOOK li'OR 18GO. delegated to the United States by the Constitution, nor I that" no person shall be deprived of IIberti' without due prohibited by it to the States, are re!!erved to the States !:roce1::1s of la~v,:• aud that another lu1.v1ng provided, res11cctiv ely, or to Ute people," therefore also the eame I . that in all cnounal pros~cutions, the ncc~tse? shall en' l.ct of Congress passed on the 14th day of July, 179 , JOY the right to a public tr1al hy an lmparti:li ,Jury, to be and entitled "A 1 n act in addition to the act entitled An jlnformed as to the nature a.nci cause o f tho :tccu~;ttlon, act for the punishment of certain crimes against the to be confronted with the wl.tn.e::;~e::~ .against !nm,. to have United States;" as also the net passed by them on the I compull!ory proc_ess for obtam1ng w1tncR~es 1n Ins favor, 27th day of June 179 entitled "An act to punish frauds and to have asstst~nce of coun. el for l11s d~fe11 se," the committed on tl;e nabk of the United States," (and all same net unde rt a.ktng t.o au~ltonzc the Prcs.lllent toreother their a cts which assume to create, rlefioe, or P.un- move a. p erson out of the l! rutctl Stnt.~s.who ~~ unde: t·he ish crimes other than those enumerated in the Const1tu· P•:ot.eetlOn of .the ~aw, o~ h1s own susptcto!'l, without. Jur.Y, tlon), are altogellt er void and of no force, and that the Without p~1bhc .tnal, wtthout <:onfr~ntat1on. of .the Wi tpower to create, defin e, and punl~h such other crimes n~sscs agamst h1m, ~ltho ut havmg Wltn es:;cs m ht~ favor, is reserved nnd of right appertains solely and cxclu- Wttho~t defense, Without c?unsel, Is contntry to these sh·ely to the respective States each within Its own ter· provlstons also of the Const.Jtutlou, Is therefore not law, ritor/ ' but, utterly void and of no fo rce. , . 8. R esohed, 'l'hnt it Is true, as a general principle, 'I hat transferring_ the p ower o f JU(lgmg any pet·son who and is also expressly declared by one of the amend- Is und er the protect1on of the laws, ~rom the court~ to the ments to the Constitution, tha.t "the powers n ot de- Presuleot of the Uoltc<! Sta~es, as ts uud ertn~en by 1 he leg'\ted to the United States by the Constitution, n or same act concerning alt ens, IS against the arttcle of the pro,bibited by it to the States, are reserved to the Constit.ution which w ovides, that" the judidal po~vcr of States respec tively or to the people ·" and that no the Umted States shall be vested lu Ute comts, t.he Judges power over t he fre~dom of religion, freedom of spe~ch, of which shall hold thei: o trice during good bcl· avior," .and or freedom of the press IJelng delegated to the U!nted that the said act lg vo1d fo_r that reason. also_; and 1t is States by the Constitution, nor prohibited by tt ~o further to be n o_t ed that thts transfer of JUd iet:ny power the States, all lawful powers respecting the same d1d Is to that magtstrate of the Ocneral Govem.ment who of right remain aod were reserved to the States or to the 1tlready possesses all the executive, and a q ualtfled ncga· people· that th'us was manifc-ted their determination to tive on all the legislntive p owe1·s. retain to themselves the right of judging how far the 7. R esobved, That the construction applied by the Ocnelicentiousne3s or speech and of the pre~s may be abridged ral ~overnment (as is evident by ~urH_Iry of their pt·o· without lessening their useful freedom, and how far those ceedmgs) to those parts of the Const1tut10n of tho Umtcd abuses which cannot be sepamted from their use should States which delega te to Congress power to lny and col· IJe t olemted rat her than the usc be destroyed; and thus lcct taxes, duties, imposts, excises ; to pay the dents, also they guarded against all abridgment by the United and provide for t ho common d efense and geucml welfftre States of the freedom of religious J)rinciples and exor- of the United States, and to make 1~11 laws which shall cises and retai11 ed to tb emsel vcs the right of protecting be necessary and prop er for carrying into execution t.he the ;ame, as this State, by a law passed on the general powers ves ted by the Constitution in the Oo ,'ernmcnt of demand of it:l cit izens had already protected them from the United tatcs, or any department thereof, goes to tl1e all ltuuutn restraint o~ interference ; and that, in addi· destruction of all the limits J>l'C ·cribetl to then· power by tlon to this general principle and express d eclaration, the Constitution : That word::~ meant hy th1\t inst•·untent another and more special pro vision ha::~ bc~:n made by to be subsidiary only to the ex ecution of the limited one or the amendments to the Const itution, which ex- p owers, ought not to be so construed os th cm~elve~ to pressly d eclares thnt "Congress shall m:Lke no laws give unlimited p owers, nor a part so to be taken as to respecting an e~tahlishment of religion, or prohibiting destroy the whole r esidue of the i nKtl'Umcnt: 1'hat the the free exerci ·e thereof or abridging the freedom of proceedings of the General Government nnder color of speech or of the pre:~s," 'thereby guarding in the same th ose articles, will be a. lit nnd n ecessary subject for sentcnbe, an<l under tho same words, the freedom or rcvl~al and correction at u. time of greater tnt nl")u illi ty, religion, of speech, and of the press, insomuch that while those specified In the preceding resolu tio1113 call for what.cver vio lates rither, throws down the sanctuary Immediate redress. which covers the others; and that libels, falsehood, nnd 8. R esol!ved, '!'hat the preceding resolut ions be transdefamation, equally with l1eresy and false religion are mltted to the senators and r epr esentativ e!:! in Cnngre~~ withheld from the cognizance of federal tribunals. 1rhat from this commonwealth, who nrc enj oin ed to prc:~cn~ th erefore the act of the Congt·css of the United States, the same to their respect! ve Houses, and to use tlt eir passed on the 14th of Jnly, 179 , entitled "An net in best endeavors to procure at the next session of Con gores~ addition to the ;let .. ntitled An act for the punishment a repeal or the aforesaid unconstitutional and obnoxious of certain crilne :t);'ai n,..t. the United tates," which does acts. abridge the freeuon• of the pres:~, Is not law, but is alto- 0. R esolved laRtly, That t.he govemor of this common-gcther void unci of uo force. wealth b e, and Is hereby aut.horized and requested to com- 4. Re.wt vee!, '!'hat a lien fri encls nrc under the juris clic- munlcnte the preceding resolutions to the legislatures of tlon and protection oft he l:tws of t.l1e ta.te wherein they the several tates, to a sure them that this commonwealth are: that no power over them has been d elegated to con ·ldcr::~ union for special nation<LI purposes, and parti· lite (lnitccl l:ilfues, nor prohilllft•cl to the iiH!ividual States cularly for tho~e sp ecified in th eir late federal compact, dist in ct from their pow~:r over dtizens; and it bcingtme, to be fl'iendly to the p eace, happiness, and p rosperity as a general prlnciJ•Ie, and one of the ll.rnenclmc:mts to of all the 'tates-that., fiLit.hful to that compact, accordthe Constitution ltaving also declared, that" t.he powers lng to the p lain int.cut and meaning In which it wus un not. clclcgatecl to the United Stat.cl! hy the Constitu t ion, derstood and a cceded to by the several parties, it :s n or Jll'l>llibit ed to t.lte States, arc rc~erved to the States sincerely anxious for its preser vation; that it doe:J tti!<O rl'spectively, or to the p eople," the act of the Congress believe, that to take from the State!:! all the powers of of the l'nl~ed States, passed the 2~d day of June, 179 , self-govemrnent, and transfer them to a general :tntl con· entitlecl, "An act conccming al iens," which assumes solidatcd govemment, without regard to the ~pt.cial de· power over alien fl'icnds not delegated by the Coostitu- legations and reservations solcllluly agreed to in that tl nn, is not law, but is altogether void and of no force. compact, is not for the p ea ce, happiness, or pro~perity of b. Re.wl l•e<l, That in addition to the general principle these 'tates; and that therefore this common11 ealth 1s aa wdl as tile express declanttion, that powet-s n ot dele· determined, as it doubts not its c'o- 'tatcs arc, to subn1 't gated :u·e re::,erved, another und more special provision to undelega.tcd and consequently unlimlt cd powers in no infe. red in the Constitution, from abundant caution t.as man or IJody of mco on earth· that if the act~ before dccla.recl, "that. the migration or importation of such specified should stand, these co~clusions would fl ow frotn llCri$OIIS as any of the l:)tatcs n ow existing shall think them; that the General (l ovemment nwy place any a ct proper to admit, shall not IJe prohibited by the Congress they think p rop er on the list of crimes aud p unish It thew· prior to Lite year 1&0 . " 'l'hat this commonwealth Joes s elves whether enumerated or uot eu uHtcrutcd IJy the t~dmit the mil:(:a.tion of alien ~riend.s described as the sub- Constitution as cognisable by th em ; that they muy t.ran ·· Ject of the B;ud act cnncemmg again~t ahcn1:1; that a provision fer Its cognizance to the J>,.esident or any other pcr~on, p rolli uiting their mlgratiou, Is a provi~:~ion against who may himself be t.he a ccus er couusc l judg-~· ancl jury, all acts e!,uivalent thereto, 01· it would be nugatory; that who11e t~uspicions may be the e Jictcnce, J;is onl~r Lite Hell!~ :emove Lh~rn when migmted is equivalent to a prohl- tence, h is otlicer the e:xecutiouer, and his IJ rea!'lt the !!Ole l,1t1on of thei_r,mlgrn.tlon, and is , the1·efo1·e, contrary to record of the transac tiou ; that a very numerou::~ ancl v;Liu· the said prov !:!IOU of the Constitution, and void. able description of the inhaltitant.s o f these ::)tate.~, being 6 . .lleMl ved, 'L'hat the Imprisonment of a person under by this preceden t reducecl as outlaw::~ to the ah 0lute dOth!· the protection of the laws of thil! commonwealth on his nion of one mao aud the barricrd of tile t ons1 itutioJtl fai lure to obey the simple order of the President to depart thus swept from us all, and no mmpat·t now rernaiu~ out. of th~,Unltecl Stu.tes, asls undertaken by the said act, against the pas!:!ions and the power of a majnrlty of ~onentJtl~ d, . An act concerning aliens," is contrary to the gress, to protect from a like exportation or 01 her grlc!\'· ConstitutiOn, one atucutlmeut in which has provided, OU:lpunillhment the minority of the same body, the legis· APPE~DIX:. 251 laturcs, juclges, governors, nntl ~OUORelors or the State!:!, nor tllei•· other peaceable Inhabitants who nHLf venture to rcclldm t.he conotitntio na l rights an(! llbert1es of the t;tlltes aut! people, or who, for othe1· cau~es, good or ba1_1, may be olmo ..... ious to the views or marked by the susp!cious of th \! p , e:~ident, or be thought d~ugerous to h1~ or their ell!ctlon!! or other interestl:l, public or pe111onal; that the fri endless alien ha~ beeu select~d. ns th~ safest subj ect of 1\ first e:<per:rnent; hut the Ctt1zcn Will soon follow or rather has alr ea dy followed ; for, a lready has a sedition act marked him as a prey: that the::te and succel: lslve acts of the same chamcter, u nlesM arrested on the threshold may t end to drive th e::~e l:)tates into revolullon un<l blooci, aud will fum i!!h new calumnies ngl\in11t rep~bli~ an government.~, and new prete xt::~ for those who WIHh ft to be b ·lieved, th;tt man cannot be governed _but by a r d of iron· that It would IJe a dangerous d elu~;~ton we re a0confidenc~ In the men of our choice to silence ~lUr fear!! for the safety of our righ ts ; tha.t confi dence IS every· where the Jl<Lrent of despotism; free gov.cr~lm eut l!! founded in j ealou1:1y and not in confidence ; it IS J e!llo ~sy and not confidence which prescribes llmlted constitUtiOns to hin~ down tho c whom we nrc obliged to trust wlt.h power, that our Constitution has accordingly fix ed the limit~;~ to which and no farther, our confluence may go ; nnd let tho h~nest advocate of confidence read the Allen and Sedition acts, and say if the Constitution has not been w~e In fix ing limits to the gove rnr~1ent it cr~at.ccl! and whether we !lhould be whle In destroylllg tho::~c lumls ? Let him say what the government Is, if it he not a tyranny, which the men of our choice have ~on fcrrecl on the Pre~ldcnt and the President of our choice has a:~scntcd to and a ccept d over the friendly strangers, to whOJ•l th~ mild splrlt of our country and its laws had pled~ed ho~p1tallty aud protection· that the men of our cltOICtl Ill\ \ o mo:e r e!!pected the bt;re suspicion!! of the I>n:~ident ~han the sohcl rights of innocence the claims of j ustification, the sacred force of truth, and the fol'ms and subHtance of law a~d jW:Itice. I n questions of power, then, let no more be sal~ or confidence in man but bind him down frorn mlschicl by the chains of th e' Constitution. 'l'hat th~ commo~wealth docs therefore call on its co-States for a~ expres· sion of their sentiment!! on the acts concerning ahcns, un 1 d for the punishment of certain crimes hereinbefore spec - fl ed plainly declaring whether these a cts arc or are not nutt'torizcd uy t he federal compact. And it doubts n~t that their sense wlll be so announced ns to prove the r a tta chment to limited government, whe ther general or particular, and that the rights and liberties o ~ the!r co· ::ltates will IJe exposed to no d~ngers ~y t•emamlng Ctn· barked on a common bottom w1th th~1r own ; ln~t they will concur with Uti~:~ commonwealth m comu~e r1ng t he said acts as so p a lpahlv against the ConstitutiOn as to amount to an undlsguh!t:d declaration, that the compact is not 1ncant to be t he measure of the powt rs of the Oc~eral Governml'nt. !Jut that it will proceed In the exerctse over thel:ic 'tate's of all po,~er!j wl~at~oc_vcr.. .'l.'hat the~ will view this as seizin~,; the nghts ol the tatell .trHI conso llda.Ung thclll in the hands of t.J,e General Oovcrumc~t, with a. power assumed to bind the States (not merely Ill casee made federa l) but in all ca!les whatsoever, hy hn~s ruade not with their consent, but by other!! ugalnilt tlu.:~ cotlSe~t; thnt thi!:! would be to surrender the fonn o government we have chosrn, 1\nd live unrler one deriving its powers from its own will, nnd not from our authority; and that the co· tate~, recurring to their natura! rights In cases not made fed eral, will concur in de :lar111g these void ancl C'f no force and will each unite w•th this commonwealth ~n requet~Llng theil· rep eal at the next sc~slon of Cougres~. On the 14th of Nov. 17!HJ, the Kentucky IIouse of RcprcscntativcR, nftcr having r eceived r eplieR to the above from the legislatures of sevc~al State!'l, wh ich replies seem to llavo been unsatts fu. ctol'y, r eiter ated its position as follows: Re/Jol!ved, That thit~ commonwealth considers tht> F~cleral Ur:ivn, upon the terms lllHl for the pu~·poses spectfi0\1 in the late compact, as conducive to the liberty an ! ll~up · p ine!!:c~ of t.IJC several Stat.et~ : 'J'ho.t it docs now unequtvocally declare Its a t tachment to the Union, o.rul. to that coiJipact agreeably to its obvious and reul llltenllon, and will be 1~ mong the last to seek it11 dissolutlou: 'J'Itat IC 1hose who administer the Gener al Government be perml~tecl to transgre11s the limits fixed by tbat compact, by a total disregard to the special delegations of power therein contuincd, 1w annildlation of ~he State go vernment~, ·tncl the c reutlon upon thei r ruins of a general cunsoll· dated government, will be the in~vita.ble conse:quence: That the principle and construction contendecl for hy iiUndry of the St:tte l cgi~luturcs, tit at the General Oov~ru ment 'is the exclu11ive jud~e ot' the ex tent of t.he powers del ·g'ated to it, stop nothing sho~t or despotism-since the d tscretion of tJ.ose who admiUJstl'r the govern rnen.t, unci not the Con~titution. would be the measure o_f thetr po we r:~-1' ha t the Heveml States who formed thut mstruwent being sovcreil{n ancl indept:nd~nt, have •he unqtlcS· tionat le ri~ht to judg-e of the infmctwu; unci llt~lt a nullifi cation by those sovercigi1ties of all ~uau t h~t~tzed acts cloue under Cltlor of that Instrument IS tire t tghtful remedy : 'J'I11\t this commonwealth does, under t~1e m~st dclihcrate reconsitlcmt ion, declare that the saul Allen and Sedition laws are, in their opinion, palpable vlo\;l· tions of the saitl Constitution ; and, ho_wever chc.:rfu. Y it may be di~posed to surrender Its opi~IOII to a mHj <lnty of i L:~ JSillter ::lttltcs, 111 u1at1er~ of o rdtn~ry or doubtful policy yet In momc11tous regulation~ ltke the presen~, 1 · ·I 'l!o vitally wound the be~t rights of the cttlz~n , 1t :~~~~ consider a :~llent acquiescence as highly crin11nal : 'J.'Irat although thill COIIllliOllWeUitiJ, US 11 p ;Lrty Lll the fe!d~· ral compact, will bow to the laws of th~ Union, yet tt loc" ut the S!Lme time, declare that It will not now, or ~v,-~'l•ereafter, cease to oppose in a. constitution al manner every attelllpt, at what q uarte ~ !!Oevc:r offered: ~o villlate t hat comp;Lct. And, firrally, 111 order that no 1 r : tex t or a q~ument:,~ mny be drawn from a supposed a cqu.t• e~cence 011 the part of this comntonwt"a llh 111 the constt· tu t1· 0 n a l' t of tlr!)"C ltLW• all'! be thereby UHeJ 1\S prece- f I y I ' I r of uturu ' V'·I OhliO. IIS of the fe·c i . .. 1 · c· t dctrti! or !j m1 n " ' ·C l ,\ C1O III)liL' t• -ti ll ~ COIIIIIlOUWeiLlth does UOW enter ag,Lill::!t l lelU I::! :;olculll prote!jt. ThiH r esolution passed the Senate on the 22d Kov., 1 '7~9 . --··- MR. DOUGLAS' OPINIONS ON SLAVERY, &c. f peacenble adjustment of existing dl!liculti •s, O.N the 25th Jauuary, 1845, Mr. Douglas, ~hcu ~ec:~Jc th~ Mi~souri Con:p•·omise line could ~~;nl~; a membe r of the llouse of R eprescntaL_tv_es, cxten\lcd to the ut'~0~fit~;c ~J:~L~~~~s~;e.M'r~~~·l 1)Y thu otl\!red the following ame ndme nt to the J Olllt adfptedr l~o~!~~e~o and Southern ,·otcs. 'l'he South has Rcsolutio11 fo r the Auncxn.tion of Texas : ~~w~L~~ profes::~ed to be willlng to abid~ b[ it, ~~~ .:~~~;~ r ntiuue it li.S a fulr and honorahle ltclJUS meu < • " And in such State or States as may be formed o~t~e I ~~d diiUc~lt question. In 1 45, it was adopted In tho Bald t erritory north of said l'tJ lssourl Comp~omise lm~ resolutions for the anuex;Ltion of Texas, IJy ~outhe~n ~~~ slavery or involuntary servitude-except or cr ell a-'3 Northern votes, wlthont the sllghtes comp a 6 shall be prohlbited. " - C01lC7. Globe, vot. 14, pa(le 193. ~lat it Will! unfair to any section of the c~untr-;- b ln lf~l~ I 'd the suppor t of every Southel n mem er o liE DFFF.NDS TUE MISSOURI CO~IPROM!S~:. 11\ rece 7 Rei>re~cntatlve~;~-Wltlg ancl l>emocrat_-without · M D 1 B 1 ouse 0 On the 13th of :March, 1850, 1'. oug a exception, as :u; a~te\n;lSuve lijnt~e~ \ ~aumree ntdom theen t Wto1l mthoet OPrroe·· made a s p eech in the Unite d States Scmuc, vlsi\nt~:~ 1~1~\:;o;;on it 'r~cdve(l the vote, if 1 r ecolleict from whieh the following is an extract: ~~~~~~and 1 do not 'think that 1 c~~ pos~b~y. be~?~ f . n-of every ~ou t hct· n :::tenator, 'A In~ an emoclu ' " 'fhe next in the series of aggrcs.slons complal'_led o. tuk.e in ludiug the ~cnator from . ·outh Ca rolina hlw~elf, by the Senator from l:!outh Ca.rolma, Is Uttl Ml~ou~l c(~en C~lllOun.) Anrl yet we nrc now .told that lthls rll ~'~ ~~~th~~~~.~ ~justiTche Mil!sourl Compromlso, an a c o r. d tl Ordinance of 17b7 JO the ser es o e desigucd to deprive the South olf her only e:~~~~ o':: t~~ South. " - 0o1liJ. (}lube, .Appertdi"', ', . . t \\'hy sir It was on yon aggr 370 due share of the '1 erntones . • ..... ·' I I d . ired -r;ol 22 Pll1't 1, pa(le . th18 very day that the Senator for l\u.!~l!l!iS PP ellpa · • |