APPENDIX. RESOLUTIONS OF '98 AND '99. THE VIRGINIA RESOLUTIONS. The following resolutions passed the Virginia House of Delegates on the 21st of December, 1798, and were agreed to by the Senate three days later, on the 24th December. These Resolutions are understood to have been written by Mr. Madison. 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 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 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 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 result 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 nowhere delegated to the Federal Government, and which, by uniting legislative and judicial powers to those of the 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 the 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. fied the Federal Constitution, expressly declared, that That this State having by its Convention, which ratiamong other essential rights, "the liberty of conscience and the press cannot be canceled, 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 and 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 reproachful 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 in 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 coöperating 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. THE KENTUCKY RESOLUTIONS. The following resolutions, drafted by Thomas Jefferson, passed the Kentucky House of Representatives on the 10th of Nov., 1798, and were agreed to by the Senate on the 13th of the same month: 1. 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 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. 2. 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 offenses 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 alsc 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 27th day of June, 1798, entitled "An act to punish frauds committed on the Bank of the United States," (and all j 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. 8. 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 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 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 laws 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 violates either, throws down the sanctuary which covers the others; and that libels, falsehood, and defamation, equally with heresy and false religion, are withheld from the cognizance 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. 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 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. 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, to have compulsory process for obtaining witnesses in his favor, and to have assistance of counsel for his defense," the same act undertaking to authorize the President to remove a person out of the United States who is under the protection of the law, on his own suspicion, without jury, without public trial, without confrontation of the witnesses against him, without having witnesses in his favor, without defense, without counsel, is contrary to these 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 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 all the executive, and a qualified negative on 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 defense 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 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. 9. Resolved lastly, That the governor of this commonwealth be, and is hereby authorized and requested to communicate the preceding resolutions to the legislatures of the several States, to assure them that this commonwealth considers union for special national purposes, and particularly for those specified in their late federal compact, to be friendly to the peace, happiness, and prosperity of all the States-that, faithful to that compact, according to the plain intent and meaning in which it was un derstood and acceded 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 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 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 sen tence, his officer the executioner, and his breast the sole record of the transaction; that a very numerous and valuable description of the inhabitants of these States, being by this precedent reduced as outlaws to the absolute dominion of one man and the barriers of the Constitution thus swept from us all, and no rampart now remains against the passions and the power of a majority of Congress, to protect from a like exportation or other grievous punishment the minority of the same body, the legis government we have chosen, and live under one deriving its powers from its own will, and not from our authority; and that the co-States, 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. On the 14th of Nov., 1799, the Kentucky House of Representatives, after having received replies to the above from the legislatures of several States, which replies seem to have been unsatisfactory, reiterated its position as follows: latures, judges, governors, and counselors 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 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 Resolved, That this commonwealth considers the Federod of iron; that it would be a dangerous delusion were ral Union, upon the terms and for the purposes specified a confidence in the men of our choice to silence our fears in the late compact, as conducive to the liberty and hapfor the safety of our rights; that confidence is every-piness of the several States: That it does now unequivowhere the parent of despotism; free government is founded cally declare its attachment to the Union, and to that in jealousy and not in confidence; it is jealousy and not compact, agreeably to its obvious and real intention, and confidence which prescribes limited constitutions to bind will be among the last to seek its dissolution: That if down those whom we are obliged to trust with power; those who administer the General Government be permitthat our Constitution has accordingly fixed the limits to ted to transgress the limits fixed by that compact, by a which, and no farther, our confidence may go; and let total disregard to the special delegations of power therethe honest advocate of confidence read the Alien and in contained, an annihilation of the State governments, Sedition acts, and say if the Constitution has not been and the creation upon their ruins of a general consoliwise in fixing limits to the government it created, and dated government, will be the inevitable consequence : whether we should be wise in destroying those limits? Let That the principle and construction contended for by him say what the government is, if it be not a tyranny, sundry of the State legislatures, that the General Governwhich the men of our choice have conferred on the Presi- ment, is the exclusive judge of the extent of the powers dent, and the President of our choice has assented to and delegated to it, stop nothing short of despotism-since accepted over the friendly strangers, to whom the mild the discretion of those who administer the government, spirit of our country and its laws had pledged hospitality and not the Constitution, would be the measure of their and protection; that the men of our choice have more powers-That the several States who formed that instrurespected the bare suspicions of the President than the solid ment, being sovereign and independent, have the unquesrights of innocence, the claims of justification, the sacred tionable right to judge of the infraction; and that a nulforce of truth, and the forms and substance of law and lification by those sovereignties of all unauthorized acts justice. In questions of power, then, let no more be said done under color of that instrument is the rightful reof confidence in man, but bind him down from mischief medy: That this commonwealth does, under the most by the chains of the Constitution. That this commondeliberate reconsideration, declare that the said Alien wealth does therefore call on its co-States for an expresand Sedition laws are, in their opinion, palpable violasion of their sentiments on the acts concerning aliens, and tions of the said Constitution; and, however cheerfully for the punishment of certain crimes herein before speci- it may be disposed to surrender its opinion to a majority fied, plainly declaring whether these acts are or are not of its sister States, in matters of ordinary or doubtful authorized by the federal compact. And it doubts not policy, yet, in momentous regulations like the present, that their sense will be so announced as to prove their which so vitally wound the best rights of the citizen, it attachment to limited government, whether general or would consider a silent acquiescence as highly criminal: particular, and that the rights and liberties of their coThat although this commonwealth, as a party to the fedeStates will be exposed to no dangers by remaining emral compact, will bow to the laws of the Union, yet it barked on a common bottom with their own; but they does, at the same time, declare that it will not now, or will concur with this commonwealth in considering the ever hereafter, cease to oppose in a constitutional mansaid acts as so palpably against the Constitution as to ner every attempt, at what quarter soever offered, to amount to an undisguised declaration, that the compact violate that compact. And, finally, in order that no preis not meant to be the measure of the powers of the Genetext or arguments may be drawn from a supposed acquiral Government, but that it will proceed in the exercise escence on the part of this commonwealth in the constiover these States of all powers whatsoever. That they tutionality of those laws, and be thereby used as precewill view this as seizing the rights of the States and consodents for similar future violations of the federal compact lidating them in the hands of the General Government, -this commonwealth does now enter against them its with a power assumed to bind the States (not merely in solemn protest. 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 This resolution passed the Senate on the 22d Nov., 1799. MR. DOUGLAS' OPINIONS ON SLAVERY, &c. On the 25th January, 1845, Mr. Douglas, then a member of the House of Representatives, offered the following amendment to the joint Resolution for the Annexation of Texas: "And in such State or States as may be formed out of said territory north of said Missouri Compromise line, slavery or involuntary servitude-except for crime shall be prohibited."-Cong. Globe, vol. 14, page 193. HE DEFENDS THE MISSOURI COMPROMISE. On the 13th of March, 1850, Mr. Douglas made a speech in the United States Senate, from which the following is an extract: "The next in the series of aggressions complained of by the Senator from South Carolina, is the Missouri Compromise. The Missouri Compromise, an act of Northern injustice, designed to deprive the South of her due share of the Territories! Why, sir, it was only on this very day that the Senator for Mississippi despaired of any peaceable adjustment of existing difficulties, extended to the Pacific. That measure was originally because the Missouri Compromise line could not be adopted in the bill for the admission of Missouri by the union of Northern and Southern votes. The South has always professed to be willing to abide by it, and even to continue it, as a fair and honorable adjustment of a vexed and difficult question. In 1845, it was adopted in the resolutions for the annexation of Texas, by Southern as well as Northern votes, without the slightest complaint that it was unfair to any section of the country. In 1846, it received the support of every Southern member of the exception, as an alternative measure to the Wilmot ProHouse of Representatives-Whig and Democrat-without visio. And again in 1848, as an amendment to the Oregon bill, on my motion, it received the vote, if I recollect aright and I do not think that I can possibly be mistaken-of every Southern Senator, Whig and Democrat, even including the Senator from South Carolina himself, (Mr. Calhoun.) And yet we are now told that this is only second to the Ordinance of 1787 in the series of aggressions on the South."-Cong. Globe, Appendix, vol. 22, part 1, page 370. |