Early Governors' Papers

Knoxville 7 July 1796 No. 20 Recd

Friends & brothers

Since peace has taken place between us I shall always be happy to hear of your welfare_ I am rejoiced to find your people have seen their folly of going to War and have concluded to keep deep under ground the hatchet and scalping knife - by such measures and conduct of your nation, you may become strong, numerous, And have all the good thing you stand in need of.

This letter will be delivered unto you by Colonel Whitly from the State of Kentucky who is going into your country to [hunt?] see and get some White people, that some of your people took prisoners from that country some time ago, Also to get some black people, that was taken from the same place, (A Woman and three children that belonged to General Logan of that Country.) Now my brothers I shall earnestly expect that you will immeadiately [sic] give up all these people, and let them be conveyed home to their own Country, which is in our last treaty

KENTUCKY LEGSLATURE.

In th House of Representatives, November 10th 1798

THE HOUSE according to the standing Order of the Day, resolved itself into a Committee of the Whole on the state of the Commonwealth,

Mr. CALDWELL in the Chair,

And after sometime spent therein the Speaker resumed the Chair, and Mr. Caldwell reported, that the Committee had according to order had under consideration the Governor's Address, and had come to the following RESOLUTIONS thereupon, which he delivered in at the Clerk's table, where they were twice read and agreed to by the House.

I. RESOLVED, that the several states composing the United States of America, are not united on the principle of unlimited submission to their General Government ; but that by compact under the style and title of a Constitution for the United States and of amendments thereto, they constituted a General 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 assumes undelegated powers, its acts are unauthoritative, void, and of no force : That to this compact each state acceded as a state, and is an integral party, its co-states forming as to itself, the other party : That the Government created by this compact was not made the exclusive 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.

II. 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.

III. 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, nor prohibited by 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 Constitution, 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

Archibald Roane Governor in and over the state of Tennessee

To John Boyd Esquire Sheriff of Davidson County, or the Keeper of the District Jail in Nashville

Whereas His Excellency James Garrard Governor of the state of Kentucky hath forwarded unto me an affidavit duly authenticated charging a certain Robert Wiley with felony, and a fugitive from the Justice of the said state; and hath in due form demanded him of the Executive of this state, in conformity with the provisions of an act of the Congress of the United States, entitled "An act respecting fugitives from justice and persons escaping from the service of their masters," and I have been satisfactorily informed that the said Robert Wiley is confined in the District Jail

at Nashville.

I do therefore require and command you to deliver him to David Early, who is an agent appointed by the Executive of the state of Kentucky to receive and conduct him to that state.~

In testimony whereof I have hereunto set my hand and caused the Great Seal of the state of Tennessee to be affixed at Knoxville the 11th day of July 1803~ /signed/

Archibald Roane

By the Governor

W^m Maclin Secretary

Gov of Kentucky July 14^th 1803

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