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orn Democrats would have passed it over all opposition. It received northern Democratic votes enough to pass it without the vote of a single southern Senator; and not one northern Whig would stand by us to vote for it. It may be said there is nothing in that; but is it not a strange coincidence, that in each of these measures the Democrats sustained what are supposed to be the rights and interests of the South, and all others from the North voted against them?-none except Democrats standing with us, except three, on the fugitive slave

bill.

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Now, sir, when you come to the election of Mr. Speaker Banks, how does the record stand? After ten weeks of toil and labor, how does it stand? In the final vote Mr. Banks received one hundred and three votes, and Mr. Aiken one hundred. How many northern votes did Mr. Aiken get, and who were they? Mr. Aiken did not receive a single northern vote which was not a Democratic vote. Where were the North Americans then, who mean to do us justice-who mean to stand by us in the preservation of our rights? Did a ingle one of them vote for Mr. Aiken? Not one. Every northern vote for him was a Democratic vote, and every other northern vote was cast against him. He received every southern vote, American and all, except one or two; but not one northern vote except from the Democratic party. How was it upon the Topeka convention bill in the other House a few days ago? The very same thing substantially in regard to that. Now, I ask southern menand I wish my voice could reach to every man in the South-how do you think, with these facts before you, your rights are to be preerved? You tell me I ought not to vote for the Democratic party. Where shall I flee for afety and protection for myself, for my wife, for my children, and the graves of my ancestors? Whom shall I trust at the North? Here and there is a man whom you may trust; but what organized party there may you trust, when the rights of the South are in danger? If there were no other question in the world, and there was that isolated fact staring me in the face, I should feel bound now, as a man consulting the interests of the country, to cast the vote which I have suggested. "There is another consideration. Are we not bound by an obligation, as high, as solemn as honor itself, to stand by those who have accored us in our hours of trial? What interest have these gentlemen of the North to stand by us? If they were but consulting the prejudices, and passions, and fanaticism of their people, they would go on with the great tile, swimming, gloriously and quietly. Yet when the question comes here, they stand by the Constitution; they stand by its compromises; they stand by the country. For that they receive anathemas at the North, and, be it said to our shame, too often anathemas at the South. To the South I would say in lemn condemnation, 'Go on in your work ingratitude, if you choose to peril all: treat

these men with the ingratitude and injustice with which you are treating some of them and when the dark hour comes, you know that you are in a hopeless minority, you know that that minority is becoming weaker every day; and when another storm shall come, whom will you call upon to succor you? You banish those men who have stood by you; you denounce them as enemies to the country: you have treated them with ingratitude and injustice; and when the hour of trial and danger comes, where will you find your support-where? This solemn warning comes up as an echo, and answers, Where? I appeal to this record; if you find them not there, you will find them not at all. If you find them not at all, what will you do? Men of the South, what can you do? No allies at the North; no support there; no succor there. Your venerable men are taken away from the public councils, swallowed up in fanaticism, and what will you do? You have but one last refuge, and that is your own right arm to defend yourself. Then the end has come, and then all our cherished devotion to the Constitution and the Union will avail us nothing; we of the South shall be left to defend ourselves, our own firesides, our own household gods, our wives, and our daughters—we shall be left single and alone to stem the fearful tide. Fearful as this may be, we will stand by them and die by them.'

Kennett, L. M., of Missouri.

DEFINITION OF AMERICANISM IN MISSOURI. | I AM sorry I cannot suit the gentleman in my reply. He says the Democratic party are a unit that they everywhere fully endorse the principles of the Kansas-Nebraska Bill. I say they nevertheless claim and exercise the largest liberty in putting their own construction upon that bill; and that construction is notoriously different, not only in different sections of the Union, but amongst brethren of the same locality. Now the American party also needed a platform for the Presidential canvass, and that of February last was put forth to answer that purpose. If it was not perfect, it was the best we could get, and we had to take it, those of us that it did not precisely suit-with the mercantile reservationerrors excepted. But I will tell the gentleman what I do believe in-namely, the principles of my party as generally understood in my own state, and openly published to the world. All secrecy is there discarded, and religious tests ignored. Whatever may have been the case in the early organization of our party either in Missouri or elsewhere, its principles and objects are now what I represent them to be, patent to all the world, and I would adl, in my humble judgment, patriotic, and worthy to succeed-though, perhaps, yet requiring some modifications to make them acceptable to a majority of our people. As a matter personal to myself, I would further say, that from my first connexion with the American

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party I have insisted on its present principles, | forth the inconveniences resulting from the those now adopted in my own state, as the only ones under which, as a party, we could hope for success, or with which, in fact, we ought to succeed.

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But the gentleman says we outrage and disgust foreign citizens by refusing to endow them with our franchises, and make them guardians of liberty, as soon as they land upon our shores. Whom do we disgust? Not those already here, for we will take nothing from them in providing prospectively for a longer residence preparatory to the admission as citizens of those who are yet to arrive. We think they should become Americans in feeling before they are made so in fact, and we claim the unquestioned right to prescribe the terms upon which they shall share our privileges. Have we not reason to desire that Americans shall rule their own country, and that a majority of those born upon the soil, or who at any rate have lived upon it long enough to become, to some extent at least, "native, and to the manner born," shall make the laws, and elect our Presidents?

I know it is said in reply to this, that Americans do already rule America, and that this cry is a mere party catchword. But I deny that this is so. For the last five and twenty years, parties in this country have generally been so evenly divided that the vote of citizens of foreign birth, but recently arrived, and not in all cases legally qualified, has usually controlled the result of our elections, and perpetuated the power of the Democratic party. Was your President, the present occupant of the White House, at the other end of the avenue, elected by the voice of a majority of American born citizens? On the contrary, without the foreign vote which was cast for him almost universally, he never would have been elevated to the distinguished position he has filled, and not without honor to himself, for the last four years.

Kentucky.

On the 8th of December, 1790, President Washington, in his opening address to Congress, informed it, that he had received communications by which it appeared that the district of Kentucky, then a part of Virginia, had concurred in certain propositions contained in a law of that state, in consequence of which the district was to become a distinct member of the Union, in case the requisite sanction of Congress be added.

On the 9th of December the President transmitted to Congress the communications to which he had referred. It consisted of certain resolutions of the district of Kentucky, giving its assent to the terms and conditions of the act of Virginia of the 18th of December, 1789, entitled "An act concerning the erection of the district of Kentucky into an independent

state."

The resolutions were accompanied by a memorial of the convention of Kentucky, setting

local situation of their district as a part of Virginia. The memorial went on to say: "here your memorialists would acknowledge with peculiar pleasure the benevolence of Virginia in permitting them to remove the evils arising from that source, by assuming upon themselves a state of independence.

"This they have thought it expedient to do on the terms and conditions stipulated in the above recited act, and fixed on the 1st day of June, 1792, as the period when the said independence shall commence.

"It now remains with the President and Congress of the United States to sanction these proceedings by an act of their honorable legis. lature, prior to the 1st day of November, 1791, for the purpose of receiving into the Federal Union the people of Kentucky, by the name of the state of Kentucky.

"Should this determination of your memorialists meet the approbation of the general government, they have to call a convention to form a constitution subsequent to the act of Congress and prior to the day fixed for the independence of this country."

On the 3d of January, 1791, Mr. Schuyler of N. Y., from the committee to whom the subject was referred, made a report in favor of the admission of Kentucky as an independent state.

On the 12th of January, 1791, a bill passed the Senate entitled "An act declaring the consent of Congress that a new state be formed within the jurisdiction of the commonwealth of Virginia, and admitted into the Union by the name of the state of Kentucky."

This bill passed the House on the 28th of January, 1791, and became a law by the approval of the President on the 4th of February, 1791.

Act approved February 25th, 1791, entitled Kentucky to two representatives in Congress.

The constitution of Kentucky was never submitted to Congress, nor was any act subsequent to its formation passed by Congress recognising her admission in the Union. IIer Senators, Messrs. Brown and Edwards, took their seats in the Senate without any inquiry as to what character of constitution Kentucky had formed, or anything else.

RESOLUTIONS OF 1798 AND 1799.

(The original draught prepared by Thomas Jefferson.) The following resolutions passed the House of Representatives of Kentucky, Nov. 10, 1798. On the passage of the first resolution. one dissentient; 2d, 3d, 4th, 5th, 6th, 7th, 8th, two dissentients; 9th, three dissentients.

1. Resolved, That the several states composing the United States of America, are not united on the principle of unlimited submis sion to their general government; but that by compact under the style and title of a Consti tution for the United States, and of amend ments thereto, they constituted a general

government for special purposes, delegated to | than the use be destroyed; and thus also they that government certain definite powers, re- guarded against all abridgment by the United serving, each state to itself, the residuary mass States, of the freedom of religious principles of right to their own self-government; and, and exercises, and retained to themselves the that whensoever the general government as- 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 proviclusive or final judge of the extent of the sion has been made by one of the amendments powers delegated to itself; since that would to the Constitution, which expressly declares, have made its discretion, and not the Consti- that "Congress shall make no laws respecttution, the measure of its powers; but, that ing an establishment of religion, or prohibitas in all other cases of compact among parties ing the free exercise thereof, or abridging the having no common judge, each party has an freedom of speech, or of the press," thereby equal right to judge for itself, as well of in- guarding in the same sentence, and under the fractions as of the mode and measure of same words, the freedom of religion, of speech, redress. 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.

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.

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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.

3. Resolved, That it is true, as a general principle, and is also expressly declared by 5. Resolved, That in addition to the general one of the amendments to the Constitution, principle as well as the express declaration, that "the powers not delegated to the United that powers not delegated are reserved, anStates by the Constitution, nor prohibited by other and more special provision inferred in it to the states, are reserved to the states the Constitution, from abundant caution has respectively, or to the people;" and that no declared, "that the migration or importation power over the freedom of religion, freedom of such persons as any of the states now exof speech, or freedom of the press being dele-isting shall think proper to admit, shall not gated to the United States by the Constitu- be prohibited by the Congress prior to the 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 separated from their use should be tolerated rather

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 equivalent to a prohibition of their migration, and is, therefore, contrary to the said provision of the Constitution, and void.

6. Resolved, That the imprisonment of a person under the protection 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 amendment in which has provided, that "no person shall be deprived of liberty without due process 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

cified in the preceding resolutions call for im mediate 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 endeavors to procure at the next session of Congress a repeal of the aforesaid unconstitutional and obnoxious acts.

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 ex

periment; 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 if the Constitution has not been say 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 a 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

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By the Governor,

HARRY TOULMIN, Sec. of State.

House of Representatives, Thursday, 1
Nov. 14, 1799.

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

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