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RESOLUTIONS IN GENERAL ASSEMBLY 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 unconstitutional 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 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 of the 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 of those alarming measures of the general government, together with our reasons
for those opinions, were detailed with decency and with temper, and submitted to the
discussion and judgment of our fellow citizens throughout the Union. Whether the 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 designs 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.
Least 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 least 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.
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, 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 adminster 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
reconsideration 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 acquiesecence as highly
criminal: That although 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 federal compact; this
commonwealth does now enter against them, its SOLEMN PROTEST.
Approved December 3rd, 1799.
(author: Thomas Jefferson) |