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their use, should be tolerated rather than
the use be destroyed; and thus also they
guarded against all abridgement by the
United States of the freedom of religious
opinions and exercises, and retained to
themselves the right of protecting the
same, as this state by a Law passed on the
general demand of its Citizens, had alrea-
dy protected them from all human res-
traint or interference: And that in ad-
dition to this general principle and ex-
press declaration, another and more
special provision has been made by one of
the amendments to the Constitution which
expressly declares, that " Congress shall
make no law respecting an Establishment
of religion, or prohibiting the free exer-
cise 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 sanctu-
ary which covers the others, and that li-
bles, falsehoods, and defamation, equally
with heresy and false relifion, are with-
held from the cognizance of federal tri-
bunals. That therefore the act of the
Congress of the United States passed on
the 14th day of July 1798, entitled " An
act in addition to the act for the punish-
ment 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 effect.
IV. 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 dele-
gated to the United States, nor prohibit-
ed 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 de-
legated to the United States by the Con-
stitution nor prohibited by it to the states
are reserved to the states respectively or
to the poeple," the act of Congress of
the United States passed on the 22d day
of June, 1798, entitled " And act concern-
ing aliens," which assumes power over
alien friends not delegated by the Consti-
tution, is not law, but is altogether void
and of no force.
V. 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 inserted in the Constitution from
abundant caution has declared, " that
the migration or importation of such per-
sons as any of the states now existing shall
think proper to admin, shall not be pro-
hibited by the Congress prior to the year
1808." That this Commonwealth does
admit the migration of alien friends des-
cribed as the subject of the said act con-
cerning 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 prohi-
bition of their migration, and is there-
fore contrary to the said provision of the
Constitution, and void.
VI. Resolved, that the imprisonment
of a person under the protection of the
Laws of this Commonwealth of [hisfailure]
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 to which has
provided, that " no person shall be de-
prived 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
of the nature and cause of the accusation,
to be confronted with the witnesses against
him, to have compulsory process for ob-
taining witnesses in his favour, and to have
the 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 Pro-
tection of the Law, on his own suspicion,
without accusation, without jury, with-
out public trial, without confrontation
of the witnesses against him, without hav-
ing witnesses in his favour, without de-
fence, without counsel, is contrary to
these provisions also of the Constitution,
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