The Virginia Resolution of 1798 was written by James Madison and adopted by the General Assembly of
Virginia to protest the Alien and Sedition Acts passed by Congress in 1798 during the administration of
President John Adams. The Alien and Sedition Acts were adopted to protect
America from alien citizens of enemy nations and to stop seditious attacks that might weaken the government. Some people thought
they were designed to stifle legitimate criticism of the government. The Virginia Resolution was written in
conjunction with Thomas Jefferson who wrote a similar document called the Kentucky Resolution, which
was adopted by the State of Kentucky in 1799. Together, they are known as the Kentucky and Virginia Resolutions.
RESOLVED, That the General Assembly of Virginia, doth unequivocably
express a firm resolution to maintain and defend the Constitution of the
United States, and the Constitution of this State, against every
aggression either foreign or domestic, and that they will support the
government of the United States in all measures warranted by the former.
That this assembly most solemnly declares a warm attachment to the Union
of the States, to maintain which it pledges all its powers; and that
for this end, it is their duty to watch over and oppose every infraction
of those principles which constitute the only basis of that Union,
because a faithful observance of them, can alone secure it's existence
and the public happiness.
That this Assembly doth explicitly and peremptorily declare, that it
views the powers of the federal government, as resulting from the
compact, to which the states are parties; as limited by the plain sense
and intention of the instrument constituting the compact; as no further
valid that 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
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.
That the General Assembly doth also express its deep regret, that a
spirit has in sundry instances, been manifested by the federal
government, to enlarge its powers by forced constructions of the
constitutional charter which defines them; and that implications have
appeared of a design to expound certain general phrases (which having
been copied from the very limited grant of power, in the former articles
of confederation were the less liable to be misconstrued) so as to
destroy the meaning and effect, of the particular enumeration which
necessarily explains and limits the general phrases; and so as to
consolidate the states by degrees, into one sovereignty, the obvious
tendency and inevitable consequence of which would be, to transform the
present republican system of the United States, into an absolute, or at
best a mixed monarchy.
That the General Assembly doth particularly protest against the palpable
and alarming infractions of the Constitution, in the two late cases of
the "Alien and Sedition Acts" passed at the last session of Congress;
the first of which exercises a power no where delegated to the federal
government, and which by uniting legislative and judicial powers to
those of executive, subverts the general principles of free government;
as well as the particular organization, and positive provisions of the
federal constitution; and the other of which acts, exercises in like
manner, a power not delegated by the constitution, but on the contrary,
expressly and positively forbidden by one of the amendments thereto; a
power, which more than any other, ought to produce universal alarm,
because it is levelled against that right of freely examining public
characters and measures, and of free communication among the people
thereon, which has ever been justly deemed, the only effectual guardian
of every other right.
That this state having by its Convention, which ratified the federal
Constitution, 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, having with other states,
recommended an amendment for that purpose, which amendment was, in due
time, annexed to the Constitution; it would mark a reproachable
inconsistency, and criminal degeneracy, if an indifference were now
shewn, to the most palpable violation of one of the Rights, thus
declared and secured; and to the establishment of a precedent which may
be fatal to the other.
That the good people of this commonwealth, having ever felt, and
continuing to feel, the most sincere affection for their brethren of the
other states; the truest anxiety for establishing and perpetuating the
union of all; and the most scrupulous fidelity to that constitution,
which is the pledge of mutual friendship, and the instrument of mutual
happiness; the General Assembly doth solemnly appeal to the like
dispositions of the other states, in confidence that they will concur
with this commonwealth in declaring, as it does hereby declare, that the
acts aforesaid, are unconstitutional; and that the necessary and proper
measures will be taken by each, for co-operating with this state, in
maintaining the Authorities, Rights, and Liberties, referred to the
States respectively, or to the people.
That the Governor be desired, to transmit a copy of the foregoing
Resolutions to the executive authority of each of the other states, with
a request that the same may be communicated to the Legislature thereof;
and that a copy be furnished to each of the Senators and
Representatives representing this state in the Congress of the United
States.
Agreed to by the Senate, December 24, 1798.
Published 12/5/2015
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