10 lutions; and particularly the opposition And it is further resolved, That his ex- Passed in the House of Representatives Attest, JOHN C. SMITH, Clerk. Teste, SAM. WYLLYS, Sec'y. STATE OF NEW HAMPSHIRE.-In the House of Representatives, June 14, 1799. -The committee to take into consideration the resolutions of the General Assembly of Virginia, dated December 21, 1798; also certain resolutions of the legislature of Kentucky, of the 10th of November, 1798; report as follows: The legislature of New Hampshire, having taken into consideration certain resolutions of the General Assembly of Virginia, dated December 21, 1798; also cerbain resolutions of the legislature of Kentucky, of the 10th of November, 1798,— Resolved, That the legislature of New Hampshire 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 the state legislatures are not the proper tribunals to determine the constitutionality of the laws of the general government; that the duty of such decision is properly and exclusively confided to the judicial department. Assembly of Virginia. The legislature of New Hampshire, therefore, deem it unnecessary, by any train of arguments, to attempt further illustration of the propositions, the truth of which, it is confidently believed, at this day, is very generally seen and acknowledged. was unanimously received and accepted, Which report, being read and considered, one hundred and thirty-seven members being present. Sent up for concurrence. JOHN PRENTICE, Speaker. in unanimously. AMOS SHEPARD, President. Approved June 15, 1799. A true copy. J. T. GILMAN, Governor. Attest, JOSEPH PEARSON, Sec'y. STATE OF VERMONT.-In the House of Representatives, October 30, A. D. 1799.The House proceeded to take under their consideration the resolutions of the Genetain measures of the general government, transmitted to the legislature of this state ral Assembly of Virginia, relative to cerfor their consideration; whereupon, Resolved, that the General Assembly of the state of Vermont do highly disapprove of the resolutions of the General Assembly tutional in their nature and dangerous in of the state of Virginia, as being unconstilegislatures to decide on the constitutiontheir tendency. It belongs not to state ality of the laws made by the general government; this power being exclusively vested in judiciary courts of the Union. quested to transmit a copy of this resoluThat his excellency the governor be rethat state; and that the same be sent to tion to the executive of Virginia, to be communicated to the General Assembly of the Governor and Council for their con currence. SAMUEL C. CRAFTS, Clerk. RICHARD WHITNEY, Sec'y. Resolutions of 1798 and 1799. That if the legislature of New Hampshire, for mere speculative purposes, were to express an opinion on the acts of the general government, commonly called the Alien and Sedition Bills," that opinion would unreservedly be, that those House of Representatives of Kentucky, The following resolutions passed the acts are constitutional and, in the present Nov. 10, 1798. On the passage of the first critical situation of our country, highly ex-resolution, one dissentient; 2d, 3d, 4th, pedient. three dissentients. 5th, 6th, 7th, 8th, two dissentients; 9th, That the constitutionality and expediency of the acts aforesaid have been very ably advocated and clearly demonstrated by many citizens of the United States, more especially by the minority of the General posing the United States of America, are 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 mass of right to their own self-government: and, that whensoever the general government assumes undelegated powers, its acts are unauthoritative, void, and of no force; that to this compact each state acceded as a state, and is an integral party; that this 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 infractions as of the mode and measure of redress. 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 abridgment by the United States, of the freedom of religious principles and exercises, and retained to themselves the right of protecting the same, as this, stated 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 laws respecting an establishment of religion, or pro2. Resolved, That the Constitution of hibiting the free exercise thereof, or the United States having delegated to Con- abridging the freedom of speech, or of the gress a power to punish treason, counter-press," thereby guarding in the same senfeiting the securities and current coin of tence, and under the same words, the freethe United States, piracies and felonies dom of religion, of speech, and of the committed on the high seas, and offences press, insomuch that whatever violates against the laws of nations, and no other either, throws down the sanctuary which crimes whatever; and it being true, as a covers the others; and that libels, falsegeneral principle, and one of the amend-hood, and defamation, equally with heresy ments to the Constitution having also deelared, "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 27th 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. 66 3. 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 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 of July, 1798, entitled " An act in addition to the act entitled 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. 66 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 to the states, are reserved to the states respectively, or to the people," the act of the Congress of the United States, passed 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. 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 inferred in the Constitution, from abund ant caution has declared, "that the migra tion 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. 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 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 color of those 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 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 aforesaid unconstitutional and obnoxious acts. 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 in 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 as to the nature and cause of the accusation, to be confronted with the witnesses against him, 9. Resolved lastly, That the governor of to have compulsory process for obtaining this commonwealth be, and is hereby auwitnesses in his favor, and to have assist- thorized and requested to communicate the ance of counsel for his defence," the same preceding resolutions to the legislatures of act undertaking to authorize the President the several states, to assure them that this to remove a person out of the United States commonwealth considers union for special who is under the protection of the law, on national purposes, and particularly for his own suspicion, without jury, without those specified in their late federal compublic trial, without confrontation of the pact, to be friendly to the peace, happiness, witnesses against him, without having wit- and prosperity of all the states-that, faithnesses in his favor, without defence, with-ful to that compact, according to the plain out counsel, is contrary to these provisions intent and meaning in which it was underalso of the Constitution, is therefore not stood and acceded to by the several parties, law, but utterly void and of no force. it is sincerely anxious for its preservation; 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 the courts, the judges of which shall hold their office 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 ell the executive, and a qualified negative in all the legislative powers. 7. Resolved, That the construction applied by the general government (as is evident 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, excises; to pay the debts, and provide for the common defence and general 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, therefore, this commonwealth is determined, as it doubts not its co-states are, 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 cognisable by them; that they may transfer its cognisance 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 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 government we have chosen, and live under one deriving its powers from its own will, and not from our authority; and that the costates recurring to their natural rights in cases not made federal, will concur in declaring these void and of no force, and will each unite with this Commonwealth in requesting their repeal at the next session of Congress. his breast the sole record of the transac- | does therefore call on its co-states for an tion; that a very numerous and valuable expression of their sentiments on the acts description of the inhabitants of these concerning aliens, and for the punishment states, being by this precedent reduced as of certain crimes hereinbefore specified, outlaws to the absolute dominion of one plainly declaring whether these acts are or man and the barriers of the Constitution are not authorized by the federal compact. thus swept from us all, no rampart now re- And it doubts not that their sense will be mains against the passions and the power so announced as to prove their attachment of a majority of Congress, to protect from to limited government, whether general or a like exportation or other grievous pun- particular, and that the rights and liberties ishment the minority of the same body, of their co-states will be exposed to no the legislatures, judges, governors, and dangers by remaining embarked on a comcounsellors of the states, nor their other mon bottom with their own: but they will peaceable inhabitants who may venture to concur with this commonwealth in considreclaim the constitutional rights and liber- ering the said acts as so palpably against ties of the states and people, or who, for the Constitution as to amount to an undisother causes, good or bad, may be obnox-guised declaration, that the compact is not ious to the view or marked by the suspi-meant to be the measure of the powers of cions of the President, or to be thought dan- the general government, but that it will gerous to his or their elections or other interests, public or personal; that the friendless alien has 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 a 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 to silence our fears for the safety of our rights; that confidence is everywhere the parent of despotism; free government is found 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 farther, 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 The House, according to the standing spirit of our country and its laws had order of the day, resolved itself into a pledged hospitality and protection; that committee of the whole House, on the state the men of our choice have more respected of the commonwealth, Mr. Desha in the the bare suspicions of the President than chair; and after some time spent therein, the solid rights of innocence, the claims of the speaker resumed the chair, and Mr. justification, the sacred force of truth, and Desha reported that the committee had the forms and substance of law and justice. taken under consideration sundry resoluIn questions of power, then, let no more tions passed by several state legislatures, be said of confidence in man, but bind him on the subject of the alien and sedition down from mischief by the chains of the laws, and had come to a resolution thereConstitution. That this Commonwealth | upon, which he delivered in at the clerk's EDMUND BULLOCK, S. H. R. THOS. TODD, C. H. R. B. THURSTON, C. S. In Senate, Nov. 13, 1798.-Unanimously concurred in. Attest, JAS. GARRARD, Gov. of Ky. By the Governor, HARRY TOULMIN, Sec. of State. House of Representatives, Thursday, Nov. 14, 1799. ernment, 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 the infraction; and that a nullification by those table, where it was read and unanimously | the general government be permitted to agreed to by the House, as follows:- transgress the limits fixed by that compact, The representatives of the good people by a total disregard to the special delega of this commonwealth, in General Assem- tions of power therein contained, an annibly convened, having maturely considered hilation of the state governments, and the the answers of sundry states in the Union, creation upon their ruins of a general conto their resolutions passed the last session, solidated government, will be the inevitarespecting certain unconstitutional laws of ble consequence: That the principle and Congress, commonly called the alien and construction contended for by sundry of sedition laws, would be faithless, indeed, the state legislatures, that the general govto themselves and to those they represent, ernment is the exclusive judge of the exwere they silently to acquiesce in the prin- tent of the powers delegated to it, stop ciples and doctrines attempted to be main- nothing short of despotism-since the distained in all those answers, that of Vir-cretion of those who administer the govginia 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 cannot, however, but lament that, in the discussion of those interesting sovereignties of all unauthorized acts done subjects by sundry of the legislatures of under color of that instrument is the rightour sister states, unfounded suggestions ful remedy: That this commonwealth and uncandid insinuations, derogatory to does, under the most deliberate reconsidthe true character and principles of this eration, declare that the said alien and commonwealth, have been substituted in sedition laws are, in their opinion, palpaplace of fair reasoning and sound argu- ble violations of the said Constitution; ment. Our opinions of these alarming and, however cheerfully it may be disposed measures of the general government, to- to surrender its opinion to a majority of its gether with our reasons for those opinions, sister states, in matters of ordinary or were detailed with decency and with tem- doubtful policy, yet, in momentous regulaper, and submitted to the discussion and tions like the present, which so vitally judgment of our fellow-citizens throughout wound the best rights of the citizen, it the Union. Whether the like decency would consider a silent acquiescence as and temper have been observed in the an- highly criminal: That although this comswers of most of those states who have monwealth, as a party to the federal comdenied or attempted to obviate the great pact, will bow to the laws of the Union, truths contained in those resolutions, we yet it does, at the same time, declare that have now only to submit to a candid world. it will not now, or ever hereafter, cease to Faithful to the true principles of the Fed- oppose in a constitutional manner every eral Union, unconscious of any designs to attempt, at what quarter soever offered, to disturb the harmony of that Union, and violate that compact. And, finally, in oranxious only to escape the fangs of despot-der that no pretext or arguments may be ism, the good people of this common- drawn from a supposed acquiescence on wealth are regardless of censure or calum- the part of this commonwealth in the conniation. Lest, 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 lest 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, stitutionality of those laws, and be thereby Extract, &c. Attest, T. TODD, C. H. R. Attest, Washington's Farewell Address to the Peo ple of the United States, Sept. 17, 1796. Accepted as a Platform for the People of the Nation, regardless of party. FRIENDS AND FELLOW-CITIZENS:— The period for a new election of a citizen to administer the executive govern 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 of the United States being not far ment to the Union, and to that compact, agreeably to its obvious and real intention, and will be among the last to seek its dissolution: That if those who administer distant, and the time actually arrived when your thoughts must be employed in designating the person who is to be clothed with that important trust, it appears to me pro |