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lutions; and particularly the opposition | Assembly of Virginia. The legislature of to the "Alien and Sedition Acts"-acts New Hampshire, therefore, deem it unne which the Constitution authorized; which the exigency of the country rendered necessary; which the constituted authorities have enacted, and which merit the entire approbation of this Assembly. They, therefore, decidedly refuse to concur with the legislature of Virginia, in promoting any of the objects attempted in the aforesaid resolutions.

cessary, by any train of arguments, to at tempt further illustration of the proposi tions, the truth of which, it is confidently believed, at this day, is very generally seen and acknowledged.

And it is further resolved, That his excellency the governor be requested to transmit a copy of the foregoing resolution to the governor of Virginia, that it may be communicated to the legislature of that

state.

Passed in the House of Representatives unanimously.

Attest, JOHN C. SMITH, Clerk. Concurred, unanimously, in the upper House.

Teste, SAM. WYLLYS, Sec'y.

STATE OF NEW HAMPSHIRE.—In the

Which report, being read and considered, was unanimously received and accepted, one hundred and thirty-seven members being present.

Sent up for concurrence.

JOHN PRENTICE, Speaker.

In Senate, same day, read and concurred 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 House of Representatives, June 14, 1799. Representatives, October 30, A. D. 1799-The committee to take into considera- The House proceeded to take under their tion the resolutions of the General Assem-ral Assembly of Virginia, relative to eat, consideration the resolutions of the Genebly of Virginia, dated December 21, 1798; tain measures of the general government, also certain resolutions of the legislature of Kentucky, of the 10th of November, 1798; transmitted to the legislature of this state for their consideration; whereupon, 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 certain resolutions of the legislature of Kentucky, of the 10th of November, 1798,—

Resolved, that the General Assembly of the state of Vermont do highly disapprove of the resolutions of the General Assembly of the state of Virginia, as being unconstitutional in their nature and dangerous in their tendency. It belongs not to state Resolved, That the legislature of New legislatures to decide on the constitutionHampshire unequivocally express a firm ality of the laws made by the general gov resolution to maintain and defend the Con- ernment; this power being exclusively vested in judiciary courts of the Union. stitution of the United States, and the constitution of this state, against every aggres

That his excellency the governor be resion, either foreign or domestic, and that quested to transmit a copy of this resolu

United States in all measures warranted

by the former.

communicated to the General Assembly of

currence.

That the state legislatures are not the the Governor and Council for their conproper 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.

That if the legislature of New Hampshire, for mere speculative purposes, were to express an opinion on the acts of the

the Alien and Sedition Bills," that

SAMUEL C. CRAFTS, Clerk. In Council, October 30, 1799.-Read and concurred in unanimously.

RICHARD WHITNEY, Sec'y.

Resolutions of 1798 and 1799.

general government, commonly called (The original draught prepared by Thomas Jefferson.) 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, 5th, 6th, 7th, 8th, two dissentients; 9th,

pedient.

That the constitutionality and expediency of the acts aforesaid have been very

three dissentients.

1. Resolved, That the several states comby many citizens of the United States, more not united on the principle of unlimited ably advocated and clearly demonstrated posing the United States of America, are especially by the minority of the General submission to their general government;

but that by compact under the style and | reserved to the states or to the people; that title of a Constitution for the United States, thus was manifested their determination to and of amendments thereto, they consti- retain to themselves the right of judging tuted a general government for special pur- how far the licentiousness of speech and poses, delegated to that government certain of the press may be abridged without lesdefinite powers, reserving, each state to it-sening their useful freedom, and how far self, the residuary mass of right to their those abuses which cannot be separated own self-government: and, that whenso- from their use should be tolerated rather ever the general government assumes un-than the use be destroyed; and thus also delegated powers, its acts are unauthorita- they guarded against all abridgment by the tive, void, and of no force; that to this United States, of the freedom of religious compact each state acceded as a state, and principles and exercises, and retained to is an integral party; that this govern- themselves the right of protecting the same, ment, created by this compact, was not as this, stated by a law passed on the genmade the exclusive or final judge of the eral demand of its citizens, had already extent of the powers delegated to itself; protected them from all human restraint or since that would have made its discretion, interference: and that, in addition to this and not the Constitution, the measure of general principle and express declaration, its powers; but, that as in all other cases another and more special provision has of compact among parties having no com-been made by one of the amendments to mon judge, each party has an equal right the Constitution, which expressly declares, to judge for itself, as well of infractions as that "Congress shall make no laws respect of the mode and measure of redress. ing 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 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 4. Resolved, That alien friends are under day of June, 1798, entitled "An act to the jurisdiction and protection of the laws panish frauds committed on the Bank of of the state wherein they are: that no the United States," (and all other their power over them has been delegated to the acts which assume to create, define, or United States, nor prohibited to the indipunish crimes other than those enumerated vidual states distinct from their power over in the Constitution), are altogether void citizens; and it being true, as a general and of no force, and that the power to principle, and one of the amendments to create, define, and punish such other crimes the Constitution having also declared, that is reserved, and of right appertains solely" the powers not delegated to the United and exclusively to the respective states, each within its own territory.

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.

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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 gen. eral 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 migra

tion or importation of such persons as any welfare of the United States, and to make of the states now existing shall think all laws which shall be necessary and proper to admit, shall not be prohibited by proper for carrying into execution the the Congress prior to the year 1808." That powers vested by the Constitution in the this commonwealth does admit the migra-government of the United States, or any tion of alien friends described as the sub- department thereof, goes to the destruction ject 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.

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.

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, it is sincerely anxious for its preservation;

8. Resolved, That the preceding resolu; tions 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 obnox ious acts.

law, but utterly void and of no force.

That transferring the power of judging that it does also believe, that to take from the laws, from the courts to the President ment, and transfer them to a general and any person who is under the protection of the states all the powers of self-governthe same act concerning aliens, is against to the special delegations and reservations of the United States, as is undertaken by consolidated government, without regard the article of the Constitution which pro- solemnly agreed to in that compact, is not vides, that "the judicial power of the for the peace, happiness, or prosperity of United States shall be vested in the courts, these states; and that, therefore, this com the judges of which shall hold their office monwealth is determined, as it doubts not during good behavior," and that the said its co-states are, to submit to undelegated

act is void for that reason also; and it is

in all the legislative powers.

and consequently unlimited

powers

in no

further to be noted that this transfer of man, or body of men on earth: that if the judiciary power is to that magistrate of the acts before specified should stand, these general government who already possesses conclusions would flow from them; that all the executive, and a qualified negative the general government may place any act 7. Resolved, That the construction ap- punish it themselves, whether enumerated they think proper on the list of crimes and evident by sundry of their proceedings) to cognisable by them; that they may transplied by the general government (as is or not enumerated by the Constitution as those parts of the Constitution of the fer its cognisance to the President or any United States which delegate to Congress other person, who may himself be the acpower to lay and collect taxes, duties, im-cuser, counsel, judge, and jury, whose susposts, excises; to pay the debts, and pro-picions may be the evidence, his order the vide for the common defence and general I sentence, his officer the execution er, and

the general government, but that it will 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

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 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 rod of iron; that it would be a dan-cases not made federal, will concur in degerous 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

claring these void and of no force, and will
each unite with this Commonwealth in re-
questing their repeal at the next session of
Congress.

EDMUND BULLOCK, S. H. R.
JOHN CAMPBELL, S. P. T.

Passed the House of Representatives,
Nov. 10, 1798.
Attest,

THOS. TODD, C. H. R.

B. THURSTON, C. S.

In Senate, Nov. 13, 1798.-Unanimously concurred in.

Attest,
Approved, Nov. 19, 1798.

JAS. GARRARD, Gov. of Ky.

By the Governor,

HARRY TOULMIN, Sec. of State. House of Representatives, Thursday, Nov. 14, 1799.

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 inevita respecting 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 gov to themselves and to those they represent, ernment is the exclusive judge of the ex were 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 gov ginia only excepted. To again enter the ernment, and not the Constitution, would field of argument, and attempt more fully be the measure of their powers: That the or forcibly to expose the unconstitutional- several states who formed that instrument ity of those obnoxious laws, would, it is being sovereign and independent, have the apprehended, be as unnecessary as unavail- unquestionable right to judge of the ining. We cannot, however, but lament fraction; and that a nullification by those 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 right our sister states, unfounded suggestions ful remedy: That this common wealth and uncandid insinuations, derogatory to does, under the most deliberate reconsid the 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 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 or anxious 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 wealth are regardless of censure or calum- the part of this commonwealth in the conniation. Lest, however, the silence of stitutionality of those laws, and be thereby this commonwealth should be construed used as precedents for similar future violainto an acquiescence in the doctrines and tions of the federal compact-this com

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

solemn protest.

as

on

its

Extract, &c. Attest, T. TODD, C. H. R. In Senate, Nov. 22, 1799-Read and concurred in.

Attest,

B. THURSTON, C. S.

shrink from the principles contained' in Washington's Farewell Address to the Peo those resolutions-therefore, ple of the United States, Sept. 17, 1796. Resolved, That this commonwealth con- Accepted as a Platform for the People of the Nation, regard

siders the Federal Union, upon the terms and for the purposes specified in the late compact, as conducive to the liberty and

less of party.

FRIENDS AND FELLOW-CITIZENS:—
The period for a new election of a

citi

happiness of the several states: That it zen to administer the executive governdoes now unequivocally declare its attach- ment of the United States being not far ment to the Union, and to that compact, distant, and the time actually arrived when agreeably to its obvious and real intention, your thoughts must be employed in desigand will be among the last to seek its dis-nating the person who is to be clothed with solution: That if those who administer that important trust, it appears to me pro

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