288. ALIEN AND SEDITION LAWS, Unconstitutional.—[continued].
Alien friends are under
the jurisdiction and protection of the laws of
the State wherein they are: 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.—
Kentucky Resolutions. Washington ed. ix, 466.
Ford ed., vii, 296.
(1798)