That, therefore, the act of Congress of the United
States, passed on the 14th day of July, 1798, intituled "An Act in
addition to the act intituled 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.
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 -- day of July, 1798, intituled "An Act
concerning aliens," which assumes powers over alien friends, not
delegated by the Constitution, is not law, but is altogether void,
and of no force.
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.
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