134 VA. AND KY. RESOLUTIONS. [1798-9] federal gov't 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 the 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.' Of the Kentucky Resolutions there were two sets, Nov. 10 the first of which (Ibid., 540) after declaring that the Constitution was a compact between the States and the gov't founded by it, proceeded to assert that 'this gov't, created by this compact, was not made the exclusive or final judge of the extent of the powers delegated to itself, since that would have made its discretion, and not the Constitution, the measure of its powers, but that, as in all other cases of compact among parties having no common judge, each party has an equal right to judge for itself as well of infractions as of the mode and measure of redress'? The second (Ibid., 544), passed in the following year, declared that a nullification by the States of all unauthorized acts done under color of the Constitution is the rightful remedy." (Cooley, Const. Law, 96.) These resolutions denied the right of the Supreme Court to decide in the last resort upon the constitutionality of a law, and declared null and void the Alien and Sedition Laws. "It is jealousy, and not confidence, which prescribes limited Constitutions to bind down those whom we are obliged to trust with power "(-the key-note of Anti-Federalism). · [1798-9] MADISON'S REPORT. 135 Jefferson's authorship of the Kentucky Resolutions was not generally known till several years afterward. In reply to Taylor of Va. who thought "that it was not unwise now to estimate the separate mass of Va. and N. C. with a view to their separate existence," Jefferson had written, June 1, 1798, "that it would not be wise to proceed immediately to a disruption of the Union when party passion was at such a height." "Considering these views (Von Holst, I. 143) it is not to be wondered at that, in consequence of the Alien and Sedition laws, Jefferson began to see the question in a new light." The Virginia resolutions were sent to the legislatures of the states, and the answer of Del. is a sample of their replies: "The Senate and Representatives consider the resolutions from Va. as a very unjustifiable interference with the General Gov't and constituted authorities of the U. S., and of a dangerous tendency, and therefore not fit subject for the further consideration of the Gen. Assembly." (Elliot's Deb., IV. 532.) It was because of this unfavorable reception that the Kentucky resolutions were passed, and that Madison's report (Ibid., 546) on the Viginia Resolutions was made to the legislature of Va. It is an able and exhaustive argument for the resolutions and indirectly for nullification (though this word is not employed in the report). It gave Calhoun in 1830-2, the basis for his argument in defence of State rights. Madison examines mainly THREE QUESTIONS: (1) "Whether indications have appeared of a design to expound certain general phrases (e. g. "of providing for the common defence and general welfare") copied from the 'Articles of Confederation,' so as to destroy the effect of the particular enumeration explaining and limiting their meaning; (2) 136 JEFFERSON'S POINT OF VIEW. · [1798-9] Whether this exposition would, by degrees, consolidate the States into one sovereignty; (3) Whether the tendency and result of this consolidation would be to transform the republican system of the U. S. into a monarchy." He disputed the right of the Supreme Court to a common law jurisdiction in criminal cases; and then, as well as during the remainder of his life, he tried to justify the principles of these resolutions. All are agreed, that in extreme cases a body of people are justified in turning to revolution; but a peaceable or a constitutional nullification (advocated in the resolutions) is an anomoly. "Mr. Jefferson (Randall, II. 451) believed that the 'crisis' of the Constitution had come-that statutes and decisions had in essential particulars subverted it — that armies (really to resist threatened French invasion) were organizing to crush opposition and make that subversion complete." These resolutions were unfavorably received by the masses, and their enforcement was never attempted. The principle at the bottom of them jealousy of the Gen. Gov't-was as old as Magna Charta. ERRATA. PAGE. LINE. 27 For "General Assembly" read House of Repre 5 27 24 26 29 25 46 17 31 66 3 559 resentatives." After lands" insert "before 1783.” For "no longer" read "not." Secretaries of dept's After "fallacy" insert "except in the case where the revenues of the gov't exceed its expenditures." 18 For "law" read "commerce." 4 By Art. I. § 2. cl. 3. the number of representatives shall not exceed one for every 30.000, 7 90 22 95 4 but each state shall have at least one representative." St. Clair remained Gov. After "unnecessary" insert "be raised.” |