The writings of James Madison, comprising his public papers and his private correspondence, including numerous letters and documents now for the first time printed. |
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RESOLUTIONS OF 1798.
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 | The writings of James Madison, |  |
RESOLUTIONS OF 1798.[131]
Friday, December 21, 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 further 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
328against 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, subvert 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 the right of freely examining public
characters and measures, and of free communication among
329the 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 reproachful
inconsistency and criminal degeneracy, if an indifference were
now shown to the palpable violation of one of the rights thus
330declared 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
331of 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.
[1.]
[2.]
[3.]
[4.]
[5.]
[6.]
[7.]
[8.]
1798, December 24. Agreed to by the Senate.
General Assembly.
Madison intended to make his retirement from public life permanent
and was busy with his farm and building additions to his house
when the crisis drew him into public activity. Jefferson, George
Nicholas, and himself consulted and agreed to concerted action on the
part of Kentucky and Virginia against the alien and sedition laws,
but Madison never saw the Kentucky resolutions until they were
published. See his defence of both the Kentucky and Virginia resolutions
against the charge that they embodied the principle of nullification,
post, 1835–'36: also Warfield's Kentucky Resolutions of 1798.
Madison gave the Virginia resolutions to John Taylor of Caroline to
introduce, and but one alteration was made in the original draft. Paragraph
4, as Madison prepared it, was ". . . as it does hereby
declare, that the acts aforesaid, are unconstitutional, null, void and of
no effect," the words in italics being struck out as unnecessary repetition.
Nevertheless, Madison was not perfectly easy in his mind over
the question of whether the legislature was really the proper body for
making the protest, as the following letter shows:
TO THOMAS JEFFERSON.
Dear Sir,—I inclose a draught on Genl Moylan, out of which you
will be pleased to pay yourself the price of the Nails, £48-11. 3d.,
Va. Cy to let Barnes have as much as will discharge the balance I owe
him, & to let what may remain lie till I write to you again.
The P's speech corresponds pretty much with the idea of it which
was preconceived. It is the old song with no other variation of the
tune than the spirit of the moment was thought to exact. It is evident
also that he rises in his pitch as the ecchoes of the S. & H. of R.
embolden him, & particularly that he seizes with avidity that of the
latter flattering his vigilance & firmness agst. illusory attempts on him,
without noticing, as he was equally invited, the allusion to his pacific
professions. The Senate as usual perform their part with alacrity in
counteracting peace by dextrous provocations to the pride & irritability
of the French Govt. It is pretty clear that their answer was cooked
in the same shop with the speech.[132]
The [OMITTED] of the former calculated
to impose on the public mind here, & the virulence of the
latter still more calculated to draw from France the war, which cannot
be safely declared on this side, taste strongly of the genius of that
subtle partizan of England who has contributed so much to the public
misfortunes. It is not difficult to see how A. could be made a
puppet thro the instrumentality of creatures around him, nor how the
Senate could be managed by similar artifice.
I have not seen the Result of the discussions at Richmond on the
alien & sedition laws. It is to be feared their zeal may forget
some considerations which ought to temper their proceedings.
Have you ever considered thoroughly the distinction between the
power of the State & that of the Legislature, on questions relating
to the federal pact. On the supposition that the former is clearly
the ultimate Judge of infractions, it does not follow that the
latter is the legitimate organ especially as a Convention was the
organ by which the compact was made. This was a reason of
great weight for using general expressions that would leave to
other States a choice of all the modes possible of concurring in
the substance, and would shield the Genl Assembly agst the charge
of Usurpation in the very act of protesting agst the usurpations of
Congress.[133]
I have not forgotten my promise of McGeehee's prices,
but cd not conveniently copy them for the present mail.—Mad. MSS.
TO THOMAS JEFFERSON.
I did not receive your last favor of the 16th Ult° till the mail after
it was due, with the further delay of its coming by the way of Charlottesville.
The last mail brought me not a single Newspaper, tho'
it was before in arrears. That there is foul play with them I have no
doubt. When it really happens that the entire Mass cannot be conveyed,
I suspect that the favorite papers are selected, and the others
laid by; and that when there is no real difficulty the pretext makes
room for the same partiality. The idea of publishing the Debates of
the Convention ought to be well weighed before the expediency of
it, in a public as well as personal view be decided on. Besides the
intimate connection between them the whole volume ought to be examined
with an eye to the use of which every part is susceptible. In
the Despotism at present exercised over the rules of construction, and
[illegible] reports of the proceedings that would perhaps be made out
& mustered for the occasion, it is a problem what turn might be given
to the impression on the public mind. But I shall be better able
to form & explain my opinion by the time, which now approaches
when I shall have the pleasure of seeing you. And you will have the
advantage of looking into the sheets attentively before you finally
make up your own. I have had a glance at Gerry's communications
& P.s Report on it. It is impossible for any man of candor not to see
in the former an anxious desire on the part of France for accommodation,
mixed with the feelings which Gerry satisfactorily explains. The
latter a narrow understanding and a most malignant heart. Taken,
however, in combination with preceding transactions, it is a link that
fits the chain. The P could not do less in his speech than allow
France an option of peace, nor his Minister do more than to insult
& exasperate her if possible, into a refusal of it.
Inclosed is a letter to Barnes with two orders which I hope will suffice
both for you & him. Should there be any deficit I can now make
it up here on your return where possibly it may be more convenient
for you to receive it. I inclose also a few more observations which
are submitted to your discretion, under the usual reservation. They
were sketched prior to the arrival of P's Report, to which they may
appear to have reference; or they might have assumed still more of
that aspect. The impression of your Seals have not been very distinct,
but there has been no other suspicious circumstance attending
them. I put into the letter to Barnes, the last of them that you may
judge yourself of the appearance. If you find it not inconvenient in
your strolls to buy me a cheap diamond [for cutting glass] & bring it
with you, I shall be obliged to you to take that trouble. An indifferent
one which I now have lost, and wish to replace it.—Mad. MSS.
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