Virginia Resolutions.
VIRGINIA, to wit: In the HOUSE of DELEGATES, Friday, December 2 [...] st, 1798.

RESOLVED, That the General Assembly of Virginia doth unequivocally express a firm resolution to maintain and defend the con­stitution of the United States, and the constitu­tion of this state, against every aggression, either foreign or domestic, and that they will sup­port the government of the United States in all measures, warranted by the former.

That this assembly most solemnly declares a warm attachment to the union of the states, to maintain which, it pledges all its powers; and that for this end, it is their duty, to watch o­ver and oppose every infraction of those prin­ciples, which constitute the only basis of that union, because a faithful observance of them, can alone secure its existence, and the public happiness.

That this assembly doth explicitly and pe­remptorily declare, that it views the powers of the Federal Government, as resulting from the compact, to which the states are parties; as limited by the plain sense and intention of the instrument constituting that compact; as no farther valid than they are authorised by the grants enumerated in that compact, and that in case of a deliberate, palpable and dangerous ex­ercise of other powers not granted by the said compact, the states who are parties thereto have the right, and are in duty bound, to interpose for arresting the progress of the evil, and for maintaining within their respective limits, the authorities, rights and liberties appertaining to them.

That the General Assembly doth also express its deep regret that a spirit has, in sundry in­stances, been manifested by the Federal Gov­ernment, to enlarge its powers by forced con­structions of the constitutional charter which defines them; and that indications have appeared of a design to expound certain general phrases (which having been copied from the very limit­ed grant of powers in the former articles of confederation were the less liable to be miscon­strued) so as to destroy the meaning and effect of the particular enumeration, which necessari­ly explains and limits the general phrases; and so as to consolidate the states by degrees into one sovereignty, the obvious tendency and in­evitable consequence of which would be, to transform the present republican system of the United States, into an absolute, or at best a mixed monarchy.

That the General Assembly doth particular­ly protest against the palpable and alarming in­fractions of the constitution, in the two late cases of the "Alien and Sedition Acts," passed at the last session of Congress; the first of which exercises a power no where delegated to the Federal Government; and which by unit­ing legislative and judicial powers, to those of executive, subverts the general principles of free government, as well as the particular or­ganization and positive provisions of the Fede­ral Constitution: and the other of which acts, exercises in like manner a power not delegated by the constitution, but on the contrary ex­pressly and positively forbidden by one of the amendments thereto; a power which more than any other ought to produce universal a­larm, because it is levelled against that right of freely examining public characters and mea­sures, and of free communication among the people thereon, which has ever been justly deemed, the only effectual guardian of every other right.

That this state having by its convention which ratified the Federal Constitution, ex­pressly declared, "that among other essential rights, the liberty of conscience and of the press cannot be cancelled, abridged, restrained or mo­dified by any authority of the United States," and from its extreme anxiety to guard these rights from every possible attack of sophistry or ambition, having with other states recom­mended [Page] an amendment for that purpose, which amendment was in due time annexed to the constitution, it would mark a reproachful inconsistency and criminal degeneracy, if an in­difference were now shewn to the most palpable violation of one of the rights thus declared and secured, and to the establishment of a pre­cedent which may be fatal to the other.

That the good people of this Commonwealth having ever felt and continuing to feel the most sincere affection to their brethren of the other states, the truest anxiety for establishing and perpetuating the union of all, and the most scrupulous fidelity to that constitution which is the pledge of mutual friendship, and the in­strument of mutual happiness: The General Assembly doth solemnly appeal to the like dis­positions of the other states, in confidence that they will concur with this commonwealth in declaring, as it does hereby declare, that the acts aforesaid are unconstitutional, and that the necessary and proper measures will be taken by each, for co-operating with this state, in main­taining unimpaired the authorities, rights and liberties, reserved to the states respectively, or to the people.

That the Governor be desired to transmit a copy of the foregoing resolutions to the execu­tive authority of each of the other states, with a request, that the same may be communicated to the legislature thereof.

And that a copy be furnished to each of the Senators and Representatives, representing this state in the Congress of the United States.

Kentucky Resolutions.

In the House of Representatives, November 10 th, 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 some time 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 [...] 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 most of right to their own self Government; and that when­soever the General Government assumes undelega­ted powers, [...] acts are unauthoritative, void, and of no force: That to this compact each state [...] 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 [...]ss actions 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 17th 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 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 already protected them from all human restraint or interference: 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 guarding in the same sentence, and under the same words, the freedom of religion, of speech, and of the press, insomuch, that whatever [...] 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 cognisance of federal tribunals. That therefore the act of the Congress of the Unit­ed States, passed on the 14th day of July 179 [...] 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 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 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 [...]d 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.

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 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.

VI. 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 favour, and to have the assistance of counsel for his defence," the same act undertaking to [...] the President to remove 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 witnesses in his favour, without defence, with­out counsel, is contrary to [...] 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 protection 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 Courts, the Judges of which shall hold their offices during good behaviour," and that the said act is void for that reason also; and it is further to be noted, that this [...] 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.

VII. 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 a power to lay and collect taxes, duties, impo [...]s, and excises; to pay the debts, and provide for the common defence, 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 subsiduary only to the execution of the limited powers, ought not to be so construed as themselves 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 Government under co­lour of these articles, will be a fit and necessary sub­ject for revisal and correction at a time of greater tranquility, while those specified in the preceding resolutions call for immediate redress.

VIII. 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 endeavours to procure at the next [...] of Congress a repeal of the aforesaid unconstitutional and obnoxious acts.

IX. RESOLVED, last, that the Governor of this [...] is hereby authorised and requested to communicate the preceding Reso­lutions to [...] of the several States, to assure them that this Commonwealth considers U­nion for specified National purposes, and particu­larly for those specified in th [...] late Federal Com­pact, to be friendly to the peace, happiness and prosperity of all the [...]: that faithful to that compact, according to the plain intent and meaning in which it was understood and aceded 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 th [...]se states: And that therefore, this Common­wealth is determined, as it doubts not its Co-states [...], namely 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 [...] themselves, whether enumerated or not enumerated by the Constitution as cognizable 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 executioner, and his [...] the sole record of the transaction: that a very numerous and valuable [...] of the inhabitants of these states, being by this prece­dent reduced as outlaws to the absolute dominion of one man and the barrier 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 Counsellors 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 elections or other interests public or personal: that the friendless alien has indeed 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 into revolution and blood, and will furnish new calumnies against Repub­lican Governments, and new pretexts for those who wish it to be believed, that man cannot be governed but by a rod of iron: that it would be a dangerous delusion were a confidence in the men of our choice [...] silence our fears for the safety of our rights: that confidence is every where the parent of despotism: 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 man of our choice have more respected the bare suspicions of the President than the solid rights of innocence, the claims of justification, the sacred force of truth, and the [...] and jus­tice —In questions of power [...] no more be heard of [...], but bind him down from [...] not by the [...] of the Constitution. That this Commonwealth does therefore call on its Co-states for an expression of their sentiments on the acts concerning Aliens, and for the punishment of certain crimes herein before specified, plainly declaring whether these acts are or are not authorised by the Federal Compact▪ And it doubts not that their sense will be so an­nounced as to prove their attachment unaltered to [...] Government, whether general or particular, and that the rights and liberties of their Co-states will be exposed to no dangers by remaining embark­ed on a common bottom with their own: That they will concur with this Commonwealth in con­sidering the said acts [...] so palpably 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 [...] 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 Government we have chosen, and to live under one deriving its powers from [...] own will, and not from our authority; and that the Co-states [...] to their natural right in [...] not made federal will concur in declaring these acts void and of no force, and will each unite with this Commonwealth in requesting their repeal at the next session of Congress.