whatever they should judge to be instrumental | principle of fear, by punishing imaginary intowards union, justice, tranquillity, common surrections, under the pretext of preventive defence, general welfare, and the preservation justice. of liberty, nothing could have been more frivolous than an enumeration of powers. All the preceding arguments rising from a deficiency of constitutional power in Congress, apply to the alien act, and this act is liable to other objections peculiar to itself. If a suspicion that aliens are dangerous constitute the justification of that power exercised over them by Congress, then a similar suspicion will justify the exercise of a similar power over natives. Because there is nothing in the Constitution distinguishing between the power of a state to permit the residence of natives and aliens. It is therefore a right originally possessed, and never surrendered by the respective states, and which is rendered dear and valuable to Virginia, because it is assailed through the bosom of the Constitution, and because her peculiar situation renders the easy admission of artisans and laborers an interest of vast importance. But this bill contains other features, still more alarming and dangerous. It dispenses with the trial by jury; it violates the judicial system; it confounds legislative, executive, and judicial powers; it punishes without trial; and it bestows upon the President despotic power over a numerous class of men. Are such measures consistent with our constitutional principles? And will an accumulation of power so extensive, in the hands of the executive, over aliens, secure to natives the blessings of republican liberty? If measures can mould governments, and if an uncontrolled power of construction is surrendered to those who administer them, their progress may be easily foreseen and their end easily foretold. A lover of monarchy, who opens the treasures of corruption, by distributing emolument among devoted partisans, may at the same time be approaching his object, and deluding the people with professions of republicanism. He may confound monarchy and republicanism, by the art of definition. He may varnish over the dexterity which ambition never fails to display, with the pliancy of language, the seduction of expediency, or the prejudices of the times. And he may come at length to avow that so extensive a territory as that of the United States can only be governed by the energies of monarchy; that it cannot be defended, except by standing armies; and that it cannot be united, except by consolidation. Measures have already been adopted which may lead to these consequences. They consist: In fiscal systems and arrangements, which keep an host of commercial and wealthy individuals, embodied and obedient to the mandates of the treasury. In armies and navies, which will, on the one hand, enlist the tendency of man to pay homage to his fellow-creature who can feed or honor him; and on the other, employ the In swarms of officers, civil and military, who can inculcate political tenets tending to consolidation and monarchy, both by indulgences and severities; and can act as spies over the free exercise of human reason. In restraining the freedom of the press, and investing the executive with legislative, executive, and judicial powers, over a numerous body of men. And, that we may shorten the catalogue, in establishing by successive precedents such a mode of construing the Constitution as will rapidly remove every restraint upon federal power. Let history be consulted; let the man of experience reflect; nay, let the artificers of monarchy be asked what farther materials they can need for building up their favorite system? These are solemn, but painful truths; and yet we recommend it to you not to forget the possibility of danger from without, although danger threatens us from within. Usurpation is indeed dreadful, but against foreign invasion, if that should happen, let us rise with hearts and hands united, and repel the attack with the zeal of freemen, who will strengthen their title to examine and correct domestic measures by having defended their country against foreign aggression. Pledged as we are, fellow-citizens, to these sacred engagements, we yet humbly and fervently implore the Almighty Disposer of events to avert from our land war and usurpation, the scourges of mankind; to permit our fields to be cultivated in peace; to instil into nations the love of friendly intercourse; to suffer our youth to be educated in virtue; and to preserve our morality from the pollution invariably incident to habits of war; to prevent the laborer and husbandman from being harassed by taxes and imposts; to remove from ambition the means of disturbing the commonweath; to annihilate all pretexts for power afforded by war; to maintain the Constitution; and to bless our nation with tranquillity, under whose benign influence we may reach the summit of happiness and glory, to which we are destined by Nature and Nature's God. Attest, JOHN STEWART, C. II. D. 1799, Jan. 23. Agreed to by the Senate. H. BROOKE, C. S. A true copy from the original, deposited in the office of the General Assembly. JOHN STEWART, Keeper of Rolls. ANSWERS OF THE SEVERAL STATE LEGISLA TURES. STATE OF DELAWARE.-In the House of Representatives, Feb. 1, 1799. Resolved, By the Senate and House of Representatives of the state of Delaware, in General Assembly met, that they consider the resolutions from the state of Virginia as a very unjustifiable inter ference with the general government and constituted authorities of the United States, and of dangerous tendency, and therefore not fit subject for the further consideration of the General Assembly. ISAAC DAVIS, Speaker of the Senate. STEPHEN LEWIS, Speaker of the H. of R's. Test-John Fisher, C. S. John Caldwell, C. H. R. STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS.-In General Assembly, February, A. D. 1799. Certain resolutions of the legislature of Virginia, passed on 21st of December last, being communicated to this Assembly, 1. Resolved, That in the opinion of this legislature, the second section of third article of the Constitution of the United States in these words, to wit: The judicial power shall extend to all cases arising under the laws of the United States, vests in the federal courts, exclusively, and in the Supreme Court of the United States ultimately, the authority of deciding on the constitutionality of any act or law of the Congress of the United States. 2. Resolved, That for any state legislature to assume that authority, would be, 1st. Blending together legislative and judicial powers. 24. Hazarding an interruption of the peace of the states by civil discord, in case of a diversity of opinions among the state legislatures; each state having, in that case, no resort for vindicating its own opinions, but to the strength of its own arm. 3d. Submitting most important questions of law to less competent tribunals; and 4th. An infraction of the Constitution of the United States, expressed in plain terms. 3. Resolved, That although for the above reasons, this legislature, in their public capacity, do not feel themselves authorized to consider and decide on the constitutionality of the sedition and alien laws (so called); yet they are called upon by the exigency of this occasion, to declare, that in their private opinions, these laws are within the powers delegated to Congress, and promotive of the welfare of the United States. 4. Resolved, That the governor communicate these resolutions to the supreme executive of the state of Virginia, and at the same time express to him that this legislature cannot contemplate, without extreme concern and regret, the many evil and fatal consequences which may flow from the very unwarrantable resolutions aforesaid, of the legislature of Virginia, passed on the twenty-first day of Decem ber last. A true copy, SAMUEL EDDY, Sec. by the government thereof, and being convinced that the Federal Constitution is cal culated to promote the happiness, prosperity, and safety of the people of these United States, and to maintain that union of the several states, so essential to the welfare of the whole; and being bound by solemn oath to support and defend that Constitution, feel it unnecessary to make any professions of their attachment to it, or of their firm determination to support it against every aggression, foreign or domestic. But they deem it their duty solemnly to declare, that while they hold sacred the principle, that consent of the people is the only pure source of just and legitimate power, they cannot admit the right of the state legislatures to denounce the administration of that government to which the people themselves, by a their national concerns: That, although a solemn compact, have exclusively committed liberal and enlightened vigilance among the people is always to be cherished, yet an unreasonable jealousy of the men of their choice, and a recurrence to measures of extremity, upon groundless or trivial pretexts, have a strong tendency to destroy all rational liberty at home, and to deprive the United States of abroad: That this legislature are persuaded, the most essential advantages in their relations that the decision of all cases in law and equity, arising under the Constitution of the United States, and the construction of all laws made in pursuance thereof, are exclusively vested by the people in the judicial courts of the United States. That the people in that solemn compact, which is declared to be the supreme law of the land, have not constituted the state legis the federal government, but have confided to latures the judges of the acts or measures of them the power of proposing such amendthem necessary to the interests, or conformaments of the Constitution, as shall appear to ble to the wishes of the people whom they represent. That by this construction of the Constitution, an amicable and dispassionate remedy is pointed out for any evil which experience may prove to exist, and the peace and prosperity of the United States may be preserved without interruption. But, should the respectable state of Virginia the acts of the national government unconstipersist in the assumption of the right to declare tutional, and should she oppose successfully her force and will to those of the nation, the Constitution would be reduced to a mere cipher, to the form and pageantry of authority, without the energy of power. Every act of COMMONWEALTH OF MASSACHUSETTS.—In the federal government which thwarted the Senate, Feb. 9, 1799. The legislature of Mas-views or checked the ambitious projects of a sachusetts having taken into serious con- particular state, or of its leading and influensideration the resolutions of the state of Virginia, passed the 21st day of December last, and communicated by his excellency the governor, relative to certain supposed infractions of the Constitution of the United States, tial members, would be the object of opposition and of remonstrance; while the people, convulsed and confused by the conflict between two hostile jurisdictions, enjoying the protec tion of neither, would be wearied into a sub mission to some bold leader, who would establish himself on the ruins of both. they did not surely expect that the proceedings of their state convention were to explain the amendment adopted by the Union. The words of that amendment, on this subject, are, Congress shall make no law abridging the freedom of speech or of the press." 66 The legislature of Massachusetts, although they do not themselves claim the right, nor admit the authority of any of the state governments, to decide upon the constitutionality of the acts of the federal government, still, least The act complained of is no abridgment of their silence should be construed into disap- the freedom of either. The genuine liberty probation, or at best into a doubt of the con- of speech and the press, is the liberty to utter stitutionality of the acts referred to by the and publish the truth; but the constitutional state of Virginia; and, as the General Assem- right of the citizen to utter and publish the bly of Virginia has called for an expression of truth, is not to be confounded with the licentheir sentiments, do explicitly declare, that tiousness in speaking and writing, that is only they consider the acts of Congress, commonly employed in propagating falsehood and slancalled "the alien and sedition acts," not only der. This freedom of the press has been exconstitutional, but expedient and necessary: plicitly secured by most, if not all the state That the former act respects a description of constitutions; and of this provision there has persons whose rights were not particularly been generally but one construction among contemplated in the Constitution of the United States, who are entitled only to a temporary protection, while they yield a temporary alle giance; a protection which ought to be withdrawn whenever they become "dangerous to the public safety," or are found guilty of "treasonable machination" against the government: That Congress having been especially intrusted by the people with the general defence of the nation, had not only the right, but were bound to protect it against internal as well as external foes. That the United States, at the time of passing the act concerning aliens, were threatened with actual invasion, had been driven by the unjust and ambitious conduct of the French government into warlike preparations, expensive and burthensome, and had then, within the bosom of the country, thousands of aliens, who, we doubt not, were ready to co-operate in any external attack. It cannot be seriously believed, that the United States should have waited till the poignard had in fact been plunged. The removal of aliens is the usual preliminary of hostility, and is justified by the invariable usages of nations. Actual hostility had unhappily long been experienced, and a formal declaration of it the government had reason daily to expect. The law, therefore, was just and salutary, and no officer could, with so much propriety, be intrusted with the execution of it, as the one in whom the Constitution has reposed the executive power of the United States. The sedition act, so called, is, in the opinion of this legislature, equally defensible. The General Assembly of Virginia, in their resolve under consideration, observe, that when that state by its convention ratified the Federal Constitution, it 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, with other states, recommend an amendment for that purpose: which amendment was, in due time, annexed to the Constitution; but enlightened men; that it is a security for the rational use and not the abuse of the press; of which the courts of law, the juries, and people will judge; this right is not infringed, but confirmed and established by the late act of Congress. By the Constitution, the legislative, executive, and judicial departments of government are ordained and established; and general enumerated powers vested in them respectively, including those which are prohibited to the several states. Certain powers are granted in general terms by the people to their general government, for the purposes of their safety and protection. The government is not only empowered, but it is made their duty to repel invasions and suppress insurrections; to guaranty to the several states a republican form of government; to protect each state against invasion, and, when applied to, against domestic violence; to hear and decide all cases in law and equity, arising under the Constitution, and under any treaty or law made in pursuance thereof; and all cases of admiralty and maritime jurisdiction, and relating to the law of nations. Whenever, therefore, it becomes necessary to effect any of the objects designated, it is perfectly consonant to all just rules of construction, to infer, that the usual means and powers necessary to the attainment of that object, are also granted: But the Constitution has left no occasion to resort to implication for these powers; it has made an express grant of them, in the 8th section of the first article, which ordains, "That Congress shall have power to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by the Constitution in the government of the United States or in any department or officer thereof." This Constitution has established a Supreme Court of the United States, but has made no provision for its protection, even against such improper conduct in its presence, as might disturb its proceedings, unless expressed in the section before recited. But as no statute has been passed on this subject, this protection is, and has been for nine years past, uniformly found in the application of the princi that act to be wise and necessary, as an auda cious and unprincipled spirit of falsehood and abuse had been too long unremittingly exerted for the purpose of perverting public opinion, and threatened to undermine and destroy the whole fabric of government. The legislature further declare, that in the foregoing sentiments they have expressed the general opinion of their constituents, who have not only acquiesced without complaint in those particular measures of the federal government, but have given their explicit approbation by re-electing those men who voted for the adop tion of them. Nor is it apprehended, that the citizens of this state will be accused of supine The President of the United States is bound by his oath "to preserve, protect, and defend the Constitution," and it is expressly made his duty "to take care that the laws be faith-ness or of an indifference to their constitufully executed;" but this would be impracticable by any created being, if there could be no legal restraint of those scandalous misrepresentations of his measures and motives, which directly tend to rob him of the public confidence. And equally impotent would be every other public officer, if thus left to the mercy of the seditious. It is holden to be a truth most clear, that the important trusts before enumerated cannot be discharged by the government to which they are committed, without the power to restrain seditious practices and unlawful combinations against itself, and to protect the officers thereof from abusive misrepresentations. Had the Constitution withheld this power, it would have made the government responsible for the effects without any control over the causes which naturally produce them, and would have essentially failed of answering the great ends for which the people of the United States declare, in the first clause of that instrument, that they establish the same, viz: "To form a more perfect union, establish justice, insure domestic tranquillity, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and posterity." tional rights; for while, on the one hand, they regard with due vigilance the conduct of the government, on the other, their freedom, safety and happiness require, that they should de fend that government and its constitutional measures against the open or insidious attacks of any foe, whether foreign or domestic. And, lastly, that the legislature of Massachusetts feel a strong conviction, that the several United States are connected by a common interest which ought to render their union indissoluble, and that this state will always co-operate with its confederate states in rendering that union productive of mutual security, freedom, and happiness. Sent down for concurrence. SAMUEL PHILIPS, President. In the House of Representatives, Feb. 13, 1799, Read and concurred. EDWARD II. ROBBINS, Speaker. A true copy. JOHN AVERY, Secretary. STATE OF NEW YORK.-In Senate, March 5, 1799.-Whereas, the people of the United States have established for themselves a free and independent national government: And Seditious practices and unlawful combina- whereas it is essential to the existence of every tions against the federal government, or any government, that it have authority to defend officer thereof, in the performance of his duty, and preserve its constitutional powers invioas well as licentiousness of speech and of the late, inasmuch as every infringement thereof press, were punishable on the principles of tends to its subversion: And whereas the common law in the courts of the United States, judicial power extends expressly to all cases before the act in question was passed. This of law and equity arising under the Constitu act then is an amelioration of that law in favor tion and the laws of the United States whereby of the party accused, as it mitigates the pun- the interference of the legislatures of the parishment which that authorizes, and admits of ticular states in those cases is manifestly exany investigation of public men and measures cluded: And whereas our peace, prosperity, which is regulated by truth. It is not in- and happiness, eminently depend on the pres tended to protect men in office, only as they ervation of the Union, in order to which, & are agents of the people. Its object is to afford reasonable confidence in the constituted aulegal security to public offices and trusts cre- thorities and chosen representatives of the ated for the safety and happiness of the people, people is indispensable: And whereas every and therefore the security derived from it is measure calculated to weaken that confidence for the benefit of the people, and is their right. has a tendency to destroy the usefulness of This construction of the Constitution and of our public functionaries, and to excite jeal the existing law of the land, as well as the ousies equally hostile to rational liberty, and act complained of, the legislature of Massa- the principles of a good republican governchusetts most deliberately and firmly believe ment: And whereas the Senate, not per results from a just and full view of the several ceiving that the rights of the particular states parts of the Constitution: and they consider have been violated, nor any unconstitutional lutions of the legislature of Kentucky, of the 10th of November, 1798; 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, powers assumed by the general government, cannot forbear to express the anxiety and regret with which they observe the inflammatory and pernicious sentiments and doctrines which are contained in the resolutions of the legislatures of Virginia and Kentucky-sentiments and doctrines, no less repugnant to the Constitution of the United States, and the principles of their union, than destructive to Resolved, That the legislature of New the federal government, and unjust to those Hampshire unequivocally express a firm resowhom the people have elected to administer lution to maintain and defend the Constitution it: wherefore, Resolved, That while the Senate of the United States, and the constitution of feel themselves constrained to bear unequivo- this state, against every aggression, either cal testimony against such sentiments and foreign or domestic, and that they will supdoctrines, they deem it a duty no less indis-port the government of the United States in pensable, explicitly to declare their incompe- all measures warranted by the former. tency, as a branch of the legislature of this state, to supervise the acts of the general gov ernment. Resolved, That his Excellency, the Governor, be, and he is hereby requested to transmit a copy of the foregoing resolution to the executives of the states of Virginia and Kentucky, to the end that the same may be communicated to the legislatures thereof. A true copy. ABM. B. BAUCKER, Clerk. STATE OF CONNECTICUT.-At a General Assembly of the state of Connecticut, holden at Hartford, in the said state, on the second Thursday of May, Anno Domini 1799, his excellency the governor having communicated to this assembly sundry resolutions of the legislature of Virginia, adopted in December, 1798, which relate to the measures of the general government; and the said resolutions having been considered, it is Resolved, That this Assembly views with deep regret, and explicitly disavows, the principles contained in the aforesaid resolutions; and particularly the opposition to the "Alien and Sedition Acts"-acts 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. 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'ry. STATE OF NEW HAMPSHIRE.-In the House of Representatives, June 14, 1799.-The committee to take into consideration the resolutions of the General Assembly of Virginia, dated December 21, 1798; also certain reso That the state legislatures are not the proper 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 general government, commonly called "the Alien and Sedition Bills," that opinion would unreservedly be, that those acts are constitutional and, in present critical situation of our country, highly expedient. the That the constitutionality and expediency of the acts aforesaid have been very ably advocated and clearly demonstrated by many citizens of the United States, more especially by the minority of the General Assembly of Virginia. The legislature of New Hampshire, therefore, deem it unnecessary, by any train of arguments, to attempt further illus it is confidently believed, at this day, is very tration of the propositions, the truth of which, generally seen and acknowledged. 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'ry. sentatives, October 30, A. STATE OF VERMONT.-In the House of RepreD. 1799.-The House proceeded to take under their consideration the resolutions of the General Assembly of Virginia, relative to certain measures of the general government, transmitted to the legislature of this state for their consideration; whereupon, 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 |