Collins historical sketches of Kentucky. History of Kentucky: Vol. I, Part 79

Author: Collins, Lewis, 1797-1870. cn; Collins, Richard H., 1824-1889. cn
Publication date: 1874
Publisher: Covington, Ky., Collins & Co.
Number of Pages: 1452

USA > Kentucky > Collins historical sketches of Kentucky. History of Kentucky: Vol. I > Part 79

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3. Resolved, That it is true as a general principle, and is also expressly de- clared 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 can not be separated from their use should be tolerated rather than the use be destroyed : and thus also they guarded against all abridgment 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 already protected them from all human restraints or inter- ference : And that in addition to this general principle and express 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 exercise thereof, or abridging the freedom of speech or of the press," thereby guard- ing 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 sanctuary which covers the others, and that libels, falsehoods, and defamation, equally with heresy and false religion, are withheld from the cognizance of Federal tribunals : 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 punishment of certain crimes against the United States," which does abridge the freedom of the press, is not law, but is alto- gether void and of no effect.

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 by it to the States, are reserved to the States respectively or to the people," the act of the Congress of the United States, passed on 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.

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5. 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 persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the 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 to 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 of 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 the assistance of counsel for his defense," the same act undertaking to authorize the President to re- move a person out of the United States who is under the protection of the law, on his own suspicion, without accusation, without jury, without public trial, without confrontation of the witnesses against him, without having wit- nesses in his favor, without defense, 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 protec- tion 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 offices 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 evinced 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, and excises; to pay the debts, and provide for the common defense 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 them- selves 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 Govern- ment under color of these articles, will be a fit and necessary subject for revisal and correction at a time of greater tranquillity, while those specified in the preceding resolutions call for immediate redress.

8. Resolved, That the preceding resolutions be transmitted to the Senators and Representatives in Congress from this Commonwealth, who are hereby 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 afore- said 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 specified National purposes, and particularly for those specified in their late Federal Compact, to be friendly to the peace, happiness,

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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 there- fore, this Commonwealth is determined, as it doubts not its Co-States are, tamely 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 recognizable by them; that they may transfer its cognizance 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 execu- tioner, and his breast the sole record of the transaction; That a very numer- ous 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 away 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 more grievous punishment the minority of the same body, the Legislatures, Judges, Governors, and Counsel- lors 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 views, or marked by the suspicions of the President, or be thought dangerous to his or their elec- tions, or other interests public or personal: That the friendless alien has in- deed been selected as the safest subject of a first experiment; but the citizen will soon follow, or rather has already followed; for, already has a Sedition Act marked him as its prey: that these and successive acts of the same character, unless arrested on the threshold, may tend to drive these States in- to revolution and blood, and will furnish new calumnies against Republican Governments, and new pretexts for those who wish it to be believed, that man can not 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 every-where the parent of des- potism: free government is founded 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 further our confidence may go; and let the honest advocate of confidence read the Alien and Sedition Acts, and say if the Constitution has not been 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 sus- picions of the President, than the solid rights of innocence, the claims of justification, the sacred force of truth, and the form and substance of law and justice. In questions of power, then, let no more be heard of confidence in, man, but bind him down from mischief, by the chains of the Constitution. That this Commonwealth does, therefore, call on its Co-States for an expres- sion of their sentiments on the acts concerning Aliens, and for the punish- ment of certain crimes herein before 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 un- altered to limited government, whether general or particular, and that the rights and liberties of their Co-States, will be exposed to no danger by remaining embarked on a common bottom with their own: That they will concur with this Commonwealth in considering the said acts as so palpable

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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 the form of Govern- ment we have chosen, and to live under one deriving its power from its own will, and not from our authority: and that the Co-States recurring to their natural right in cases not made Federal, will concur in declaring these acts void and of no force, and will each unite with this Commonwealth in request- ing their repeal at the next session of Congress.

EDMUND BULLOCK, Speaker of House of Representatives. JOHN CAMPBELL, Speaker of the Senate, pro tem.

Passed the House of Representatives, Nov. 10th, 1798. Attest : THOMAS TODD, Clerk of House of Representatives.

In Senate, November 13th, 1798, unanimously concurred in. Attest : B. THRUSTON, Clerk of Senate.

Approved, November 16th, 1798.

JAMES GARRARD, Governor of Kentucky.

By the Governor.

HARRY TOULMIN, Secretary of State.

Similar resolutions, draughted by James Madison, and familiarly known as the " Virginia Resolutions of 1798," were adopted by the Legislature of that State, on the 21st of December, 1798, and likewise directed to be forwarded by the Governor to the Legislatures of other States, for consideration. Dis- senting and condemnatory views were adopted in resolutions passed by Dela- ware, on February 1st, 1799; by the State of Rhode Island and Providence Plantation, in the same month; by Massachusetts, on February 13th; by New York, on March 5th; by Connecticut, on the 2nd Thursday of May; by New Hampshire, on the 14th of June; and by Vermont, on the 30th of Octo- ber, ensuing.

On Thursday, Nov. 14th, 1799, the Kentucky House of Representatives, Mr. Desha in the chair, having had under consideration the resolutions of the several State Legislatures, above referred to, on the subject of the Alien and Sedition Laws, unanimously adopted the following, which the Senate, on the 22d, concurred in:

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 at 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 can not 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 of the true character and principles of the good people 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 fellow citizens throughout the Union. Whether the like decency and temper have been observed in the answers of most of those States who have denied or attempted to obviate the great truths contained in those resolutions, we have now only to submit to a candid world. Faithful to the true principles of the Federal Union, unconscious of any designs to disturb the harmony of that Union, and anxious only to escape the fangs of despotism, the good people of this Com-

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monwealth are regardless of censure or calumniation. Least, however, the silence of this Commonwealth should be construed into an acquiescence in the doctrines and principles advanced and attempted to be maintained by the said answers, or least those of our fellow-citizens throughout the Union, who so widely differ from us on those important subjects, should be deluded by the expectation that we shall be deterred from what we conceive our duty, or shrink from the principles contained in those resolutions; therefore,

Resolved, That this Commonwealth considers the Federal Union upon the terms and for the purposes specified in the late compact, as conducive to the liberty and happiness of the several States; that it does now unequivocally de- clare its attachment to the Union, and to that compact, agreeably to its obvi- ous and real intention, and will be among the last to seek its dissolution; that if those who administer the General Government be permitted to transgress the limits fixed by that compact, by a total disregard to the special delegations of power therein contained, an annihilation of the State Governments, and the erection upon their ruins of a general consolidated government, will be the inevitable consequence; that the principle and construction contended for by sundry of the State Legislatures-that the General Government is the exclusive judge of the extent of the powers delegated to it-stop nothing short of des- potism; since the discretion of those who administer the government, and not the Constitution, would be the measure of their powers. That the several States who formed that instrument, being sovereign and independent, have the un- questionable right to judge of its infraction, and that a nullification by those sovereignties, of all unauthorized acts done under color of that instrument, is the rightful remedy: that this Commonwealth does, upon the most deliberate reconsideration declare, that the said Alien and Sedition laws are, in their opinion, palpable violations of the said Constitution; and however cheerfully it may be disposed to surrender its opinion to a majority of its sister States in matters of ordinary or doubtful policy ; yet in momentous regulations like the present, which so vitally wound the best rights of the citizen, it would consider a silent acquiescence as highly criminal: that although this Commonwealth, as a party to the federal compact, will bow to the laws of the Union, yet it does at the same time declare, that it will not now, nor ever hereafter, cease to oppose in a constitutional manner, every attempt, from what quarter soever offered, to violate that compact. And, finally, in order that no pretexts or arguments may be drawn from a supposed acquiescence on the part of this Commonwealth in the constitutionality of those laws, and be thereby used as precedents for similar future violations of the federal compact; this Common- wealth does now enter against them its SOLEMN PROTEST.

Attest : THOMAS TODD, Clerk House Representatives.

In Senate, Nov. 22, 1799. Read and concurred in.

Attest : BUCKNER THRUSTON, Clerk Senate.

FRANKLIN COUNTY.

The regular history of Franklin county is in Volume II. The following is ad- ditional :

Property- Holders of Frankfort in June, 1797 .- From the original list of taxable property-prepared by special " commissioners," John Jamison and Henry Gulliam-the following names are taken. The tax levy was 2s. 4d. for every £100 valuation of property (nearly 39 cents on each $333}, or at the rate of 113 cents on each $100). The unimproved town-lots were assessed at from $25 to $264 each. Daniel Weisiger and Thomas Tunstall were each taxed upon a billiard table. Eight retail stores were taxed-kept by Thos. Todd & Co., Baker Ewing, Elijah and Joseph Craig, John Waffit, P. Cald- well, Longstreth, Daniel Gano, and Samuel M. Brown. Harry Toulmin (then secretary of state), Gov. James Garrard, and Geo. Rowling, each in- dulged in the luxury of a carriage, and paid tax upon it. The only wagons

listed belonged to Gov. Garrard, John Logan (then state treasurer), Daniel Weisiger, Thomas Tunstall, Thomas Todd, and George Madison. The popu- lation of the town was ascertained to be 441-of whom 90 were white tith- ables, and 112 were negroes. There were 78 horses taxed.

Over 76 years have passed, and not one of all this list of names is now (Nov., 1873) living. Elisha Applegate, then a resident of Jefferson county, now of the city of Louisville-a relative of Daniel Applegate, is living, aged 92. Two daughters of Gov. Garrard-Mrs. Thos. W. Hawkins and Mrs. Gen. Peter Dudley, aged 86 and 82 respectively, are living; they were chil- dren in Frankfort in 1797, aged 10 and 6, and Mrs. Dudley is still a citizen. There are citizens of Frankfort older than Mrs. Dudley, but they were not residents in 1797.

W. Adams,

E. Anderson,

John Bacon,

Baker Ewing,

John McDowell, Hugh MeGary, C. McGrew, George Madison, William Murray, Benjamin Mushon,

George Poindexter, G. Rowling, James Rayborny John Rennick, A. Richardson, J. Richardson, James Roberts, R. Samuel, John M. Scott, George Sexton,

Jonathan D. Smith, Achilles Sneed,

John Talbot,

William Tinsley,

Thomas Todd,

Rev. Harry Toulmin, William Trigg, Thomas Tunstall, W. J. Tunstall, C. Voorhees, Peter G. Voorhees, John Waffit, George Walsh,

Daniel Weisiger.

The following, taxed as property-holders, were non-residents. Gen. James Wilkinson had been a resident, some years before. Hon. James Brown then lived at Harrodsburg, but afterwards removed to Frankfort.

Daniel Applegate,

Johnson Craig,

James Hughes, Daniel James,

John Smith,

Adam Beatty, Hiden Edwards,

Thomas Love,

William Steele,

Thomas Bodley,

William Einmons,

Gen. Jas. Wilkinson,

James Brown,

R. Caldwell,

Nathaniel Hart, - Andrew Holmes,

A. Saltsman,

M. Satterwhite,

William Beaver,

Rev. Joseph Craig,

Gov. James Harrard, D. Newberry,

Wm. Blanton,

Henry Gulliam,

John Brown,

Samuel M. Brown,

James Burns, John Burns,

P. Caldwell,

C. Cammack,

Ambrose Jeffreys, Nicholas Lafon,

John Campbell,

Willis Lee,

J. Castleman,

Giles Letcher, John Logan,

John Colston,

James Connor, Rev. Elijah Craig,

C. Bell, Daniel Gano, J. E. Gano, Richard M. Gano,

-Otho Beatty,

James Blair,

James Blanton,

James Hawthorn, J. Hatton, Paschal Hickman, Thomas Hickman,

A. McGregor, Benjamin Price, Edward Worthington, John Younger.

The Original Town-Plut of Frankfort was not recorded until Dec., 1802; but then, with the " several additions " theretofore made, it was, by an act of the legislature, ordered of record " in some fit court of record."

The Extent of the Coal Trade of the Kentucky River, in 1805, is thus pre- served, in an advertisement, in the Frankfort Palladium, of Dec., 1805, from one of the most intelligent and enterprising merchants of Lexington, the late

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Wm. Leavy. He offered for sale 18,000 acres of land " on the left hand side of the Three Forks as you go up the Kentucky, and at their junction ; run- ning along the river three miles, and nine miles back. The bottoms are rich land ; the ridges are capable of producing wheat and other small grain. The pasturage is excellent for raising stock of all kinds, as it has plenty of cane brakes and pea vines. All along the river is the sugar tree, wild cherry, and other woods common to this country. When you go back some distance is the pine-which produces tar, turpentine, pitch, and rosin; which will finally be valuable, independent of the wood that is upon the land.

" There is also a rock close to the low water mark, that, when the water is very low, shows clear salt upon its surface, and the rock itself tastes salt. There has been three water witches (as they call them) trying the experi- ment; they say, there is four feet square of very salt water at the top of the bank, which is not a hundred feet from the water; and close to it a very easy ascending hill, for several miles ; and also the wood along the river.

"A coal bank is within three hundred yards. There are also five valu- able coal banks near the river, with easy access to them. Also, a coal yard and boat yard; and, it is said, several saltpetre caves. The bottoms and along the creek, would produce good cotton and hemp. Lexington alone, independent of the country blacksmiths, consumes thirteen thousand (13,000) bushels per annum, and we will suppose Frankfort uses five thousand (5,000) bushels, which sells at the landing at one shilling per bushel; twenty thou- sand (20,000) bushels might be sold; this might be made productive by a man of small capital.

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Collins historical sketches of Kentucky. History of Kentucky: Vol. I, Part 79

Author: Collins, Lewis, 1797-1870. cn; Collins, Richard H., 1824-1889. cn Publication date: 1874 Publisher: Covington, Ky., Collins & Co. Number of Pages: 1452

Author: Collins, Lewis, 1797-1870. cn; Collins, Richard H., 1824-1889. cn
Publication date: 1874
Publisher: Covington, Ky., Collins & Co.
Number of Pages: 1452