Kentucky
and Virginia Resolutions
James Madison, Virginia Resolution
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 it's 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 the compact; as no further valid that they are authorized 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 implications have appeared of a design to expound certain general
phrases (which having been copied from the very limited grant of power, 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 leveled 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 an amendment for that purpose, which amendment was, in due time,
annexed to the Constitution; it would mark a reproachable inconsistency, and
criminal degeneracy, if an indifference were now shown, 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 for 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 the
Authorities, Rights, and Liberties, referred 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.
Resolution
of the General Assembly of Virginia, Approved December 24, 1798.
Thomas Jefferson, Kentucky Resolution
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 declare its attachment to the Union, and to that
compact, agreeable to its obvious 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, 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 despotism; 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 unquestionable 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 acts, 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 so ever 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 federal
compact; this commonwealth does now enter against them, its solemn protest.
Resolution
of the General Assembly of Kentucky, Approved December 3rd, 1799.