of Congress to protect from a like exportation or other more grievous punishment the minority of the same body, the legislatures, Judges, Governors and Counsellors 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 indeed 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 its 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 calamities 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 founded in 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 further, 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 spirit of our Country and its laws had pledged hospitality and protection: that the men of our choice have more respected the bare suspicion of the President than the solid rights of innocence, the claims of justification, the sacred force of truth, and the forms & substance of law and justice. In question of power then let no more be heard of confidence in man, but bind him down from mischief by the chain of the Constitution. That this Commonwealth does therefore call on its Co-states for an expression of their sentiments on the acts concerning Aliens, and for the punishment of certain crimes herein before specified, plainly declaring whether these acts are or are not authorized by the Federal Compact? And it doubts not that their saner view will be so announced as to prove their attachment unaltered to limited Government, whether general or particular, and that the rights and liberties of their Co-states will be exposed to no dangers by remaining embarked on a common bottom with their own: That they will concur with this Commonwealth in considering the acts as so palpably against the Constitution as to amount to an undisguised declaration, that the Compact is not meant to be the measure of the powers of 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 to live under one deriving its powers from its own will, and not from our authority; and that the Co-states recurring to their natural right in cases not made federal, will concur in declaring these acts void and of no force, and will each unite with this Commonwealth in requesting their repeal at the next session of Congress." 39

39 An original printed copy of these resolutions is preserved in Breckinridge MSS. (1798).

Thus was passed and set going to the various states of the Union a series of resolutions destined to become the foundation and inspiration of the doctrine of state rights for many years to come. But the extreme doctrine of nullification of federal measures by individual states acting for themselves alone is nowhere expressly stated. Rather, than suggestion of secession, the idea predominates that whatever should be done, ought to be done through the united action of the states. Direct nullification was, moreover, not considered to be a first remedy; the states should petition Congress to repeal the obnoxious laws, and if that body refused, then, according to Breckinridge, "I hesitate not to declare it as my opinion, that it is the right and duty of the several States to nullify these acts and to protect their citizens from their operation." These resolutions were received with approbation throughout the state. Samuel Hopkins, writing from Henderson in December, told Breckinridge that "the people through this country are to a man democratic; they have given an almost universal plaudit to your resolutions respecting Congressional Tyranny." 40

* * *

As part of the Jeffersonian program, a set of resolutions, principally the work of Madison, was in December passed by the Legislature of Virginia. These resolutions were much more general in their statements of grievances and remedies than those of Kentucky, but were in general harmony with them. As the case of Kentucky, copies were sent to the various states for the purpose of arousing united action.

Within a short time, replies from the states began to arrive; and it immediately became apparent that the movement would result in direct failure so far as any concerted action was concerned. There could have been little hope from the beginning that the Middle and New England States, strongholds of Federalism, would make a favorable response. As it finally turned out, every state north of the Potomac with the exceptions of New Jersey and Pennsylvania, sent unfavorable replies; and the remaining states, excepting Virginia, who was a co-partner in the movement, maintained a discreet silence.

Delaware was the first state to answer. She declared pointedly that Kentucky's actions constituted "a very unjustifiable interference with the General Government, and constituted authorities of the United States, and of dangerous tendency, and, therefore, not fit subjects for further consideration of this General Assembly."

Massachusetts was more studied in her reply. She took up the gauntlet and argued at length against Kentucky's position and in favor of the Alien and Sedition Laws.

New York and Connecticut, both, sent uncompromising replies, in which they argued for the support of the National Government.

New Hampshire declared with considerable indignation and force that the Federal courts alone had the right to judge of the constitutionality of Federal laws and that she was firmly resolved to defend the constitution of the United States "against every aggression, either foreign or domestic."

The last reply came from Vermont, and was much like the communication from the other states. It strongly supported the position of the National Government and deprecated Kentucky's action.41

It was now necessary that the movers in this program take action of some sort. It was felt that to remain silent was to admit defeat. Jefferson, who had been watching closely and directing party maneuvers in the recent session of Congress, suggested in early September (1799) the desirability of Kentucky and Virginia adopting a new set of resolutions as a reply and a defense. He declared that they should answer

40 Breckinridge MSS. (1798). Dated December 8, 1798.

41 For texts of replies see Elliot, Debates (1861 Ed.), IV, 532-539.

"the reasoning of such of the States as have ventured into the field of reason" and that they should also take some notice "of those States who have either not answered at all, or answered without reasoning." He believed, however, that they should express their attachment to the Union and show a willingness "to look on with indulgence, and wait with patience, till those passions and delusions shall have passed over, which the Federal Government have artfully excited to cover its own abuses, and conceal its designs; fully confident that the good sense of the American people, and their attachment to those rights which we are now vindicating, will, before it shall be too late, rally with us, round the true principles of our Federal compact. *

*

*" 42

When the legislature convened in November, 1799, Breckinridge, who was elected Speaker of the House at the beginning of the session, introduced a resolution as a reply to the resolutions of the various states It passed the House without a dissenting vote; but in the Senate opposition was encountered. John Pope, who was later to play an important part in the politics of the state, strongly objected to the use of the word "nullification" in the resolution. He introduced an amendment to use the less threatening term "remonstrating and protesting." A lively debate developed, which came near a victory for the more conservatively inclined senators. When the final vote was taken on Pope's amendment. it was defeated by a majority of only one.43

The resolution as finally passed follows: "The representatives of the good people of this commonwealth in general assembly convened, having maturely considered the answers of sundry states in the Union, to their resolutions passed at the last session, respecting certain uncontitutional laws of Congress, commonly called the alien and sedition laws, would be faithless indeed to themselves, and to those they represent, were they silently to acquiesce in the principles and doctrines attempted to be maintained in all those answers, that of Virginia, 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 subjects, by sundry legislatures of our sister states, unfounded suggestions, and uncandid insinuations, derogatory of the true character and principles of the good people of this commonwealth, have been substituted in place of fair reasoning and sound argument. Our opinions on those alarming measures of the general government, together with our reasons for those opinions, were detailed with decency & with temper, and submitted to the discussion and judgment of our fellow citizens throughout the Union. Whether the like decency and temper have been observed in the answers of most of those States who have denied or attempted to obviate the great truths contained in those resolutions, we have now only to submit to a candid world. Faithful to the true principles of the federal union, unconscious of any design to disturb the harmony of that union, and anxious only to escape the fangs of despotism, the good people of this commonwealth are regardless of censure or calumniation. Lest, how ever the silence of the 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 these 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

42 Warfield, Kentucky Resolutions of 1798, 122, 123. Jefferson to W. C. Nicholas, September 5, 1799.

48 Butler, History of Kentucky, 285, 289; Collins, History of Kentucky, I, 25.

"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, an 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 colour of that instrument, is the rightful remedy: That this commonwealth does upon the most deliberate consideration declare that the said alien and sedition laws 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 altho' 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 soever 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 the federal compact; this commonwealth does now enter against them, its solemn protest.' "44

The doctrine of nullification was clearly expressed in this resolution, which represented an advance over the resolution of the preceding year, but which was evidently provoked by the discourteous and unsympathetic replies of the various states. But it should be noted that nullification by one state was not suggested. The idea of co-operation among a group of states, which later occupied a large place in the policy of many of the Southern States was clearly indicated as the method by which nullification should be carried out.

The apparent contempt showed toward Kentucky leadership and ideas. by the New England States in their replies, served to increase Kentucky resentment toward them and toward the alleged usurpations of the Federal Government. A bill was introduced in this session of the Legislature to provide severe punishment for any one who should attempt to enforce the Alien and Sedition laws in the state.45 Although defeated, it was largely indicative of public sentiment generally.

Although no definite movement toward carrying out the plans and sentiments of the resolutions of Kentucky and Virginia resulted, still the purpose toward which Jefferson, Breckinridge, Madison and the other democratic leaders were aiming, was accomplished. The unpopular acts of the Federalist Administration were kept before the people and were so continuously agitated that the Federalist Party was discredited and

44 Collins, History of Kentucky, I, 405, 406.

45 Butler, History of Kentucky, 289.

defeated by the democrats in 1800; and in bringing about this victory, the resolutions of Kentucky and Virginia had been invaluable campaign. documents.

It has been questioned as to whether a movement would ever have sprung up in Kentucky sufficient to produce the resolutions that were passed, without the working of the master-hand and directing power of Jefferson.46 It is true, there is some mystery as to all of the various conferences held by Jefferson in the summer and autumn of 1798 and as to what was done and suggested there. Undoubtedly he did what he could in arousing and directing public sentiment in Kentucky; but it is impossible that he could have built up a secret organization which could have produced and directed the agitation in Kentucky that began as soon as the objectionable laws were enacted and continued with great vigor until the resolutions were passed. This movement had all the evidences of a spontaneous uprising of the people with no more directing power than was customary and to be expected.47

Of course it is true that the doctrines in the resolutions adopted were practically the work of Jefferson; but there can scarcely be the slightest doubt that resolutions of some description condemning Federal usurpations would have been adopted, regardless of any suggestion or influence from east of the mountains. The times in Kentucky were ripe for such a measure, the people were aroused, and the Legislature they elected was bent on action.

46 See Edward Channing, History of the United States, IV, 224, 226.

47 See reference to article substantiating this view in Report of the American Historical Association, 1907, I, 23.