/^:^'.\ .^'^-^^^^ /^>^'> ''-'-' ^°'n^ 4 ► K^^'^^^J^^ • *0 ^. • ( n-o^' •^^ .v< THE UNION OF THE DEMOCRACY— RESOLUTIONS OF '98. SPEECH HON. N. S. TOWNSHEND, OF OHIO, DELIVERED m THE HOUSE OF REPRESENTATIVES, MARCH 17, 1852. The HoMse having resolved itself into the Committee of the Whole on the state of the Union, (Mr. Meaue, of Vir- ginia, in the chair,) &e. — Mr. TOWNSHEJ^D said: Mr. Chairman; I desire to avail myself of the latitude of debate usually tolerated in this com- mittee, to present what I conceive to be the true method to secui-e the pacification of the country in general, and of the Democratic party in particu- lar. * 'The action of the last Congress on the series of measures known as the compromises; the ef- forts made to secure their indorsement by both party caucuses at the beginning- of the present riession— and subsequently in this House and in the Senate; tlie resolutions adopted by the Legis- latures of several States, and the avowed opinions of several presidential candidates prove, beyond the possibility of doubt, that slavery, in some i'orm or other, either rightfully or wrongfully, is, in fact, the great question nov/ before the country. it occasions more strife, both sectional and per- sonal, has more to do with the selection of our public officers, and interferes more with the legit- f.mate business of Congress, than all other political questions put together. In view of this, I ask, in seriousness, the ques- tion. What has Congress to do with slavery? For an answer to the question I shall not intrude upon the committee my own opinions, hut refer directly to the authorized creed of the Democratic party — the Baltimore platform: " Resolved., That Congress has no power under the Con- Flitution to interfere with or control the domestic institu- tions of the several States, and that such States are the sole and proper ju(!c;<"s of ever} tiling appertaining to their own aifairs, not prohibited by the Constitution," &c. With this doctrine, the platform of the Ohio Democracy agrees. After asserting that slavery is an evil, &c., it says; " But be it further resolccil, That the Democracy of Ohio , ilo at the same time fully recognize the doctrine held by the early fathers of the Republic, and still maintained by the Democratic party in all the States, that to each State be- ?oug3 the right to adopt and modify its ov»n municipal laws, to regulate its own internal affair's, and to hold and main- tain .an equal and independent sovereignty witli ear-li and «very other State, and that upon these'rights the National Legislature can neither legislate ncr encroach." So well settled is this position, that it is in- dorsed also by the Buffalo platform of 1848, as follows; "Resolved, That slavery in the several States of thia Union that recognize its existence, depends upon State lan-a alone, Vi-hich cannot be repealed or modified by the Federal Government, and for whicli that Government is not respon- sible ; we, therefore, propose no iiiterferenee by Congress with slavery vvitliin the limits of any State." These resolutions all agree in declaring slavery to be a State, and not a National institution; they all assert it to be under the sole control of the States where it exists, and therefore not a subject for national legislation. I come now to a second inquiry. If Congress has no power granted by the Constitution "over slavery, by what right has Congress been legis- lating in reference to it, and what propriety is there in bringing the subject continiuilly before Congress.' On this point, the Baltimore platform is equally explicit. The remainder of the resolu- tion, of which I have already read a part, is as follows: " And that all efforts of the Abolitionists, or otiieuu, made to induce Congress to interfere with questions of slavery, or to take incipient steps in relation thereto, are calculated to lead to tlie most alarming and dangerous con- sequences; and that all such etiiirts have an" inevitable tendency to diminish the happiness of the people, and en- danger the stability and permanency of the Union, and ought not to be countenanced by any friend of our political institu- tions." It is plain enough, Mr. Chairman, that the con- vention that adopted thi^ resolution, or, at any rate, itsframers, supposed that Congress was liable to be disturbed by agitations of the slavery ques- tion, and solicitations to legislate on the subject coming from two opposite quarters; first, from the opponents of slavery, who are here called Aboli- tionists; and secondly, from the friends of slavery who come under the general description of " oth- ers." The opponents of slavery seem to be sus- pected of wishing Congress to interfere with sla- very in the States, and the friends of slavery, on the other hand, of desiring Cong, ess to legislate in its behalf, or for its extension beyond State limita. From whatever quarter agitations might come, or efforts to induce Congress to legislate on the sub- ject, such efforts, according to the Baltimore plat- form, are greatly to be deprecated, and ought to be discountenanced. 1 propose now to inquire, from which side these instigations to national interference have come, and whether the friends of slavery or its opponents are to blame for the consequent disturbance of the pub- lic harmony. The law of 1793— the first example of national legislation on the subject— was pa.ssed at the de- mand of the friends of slavery, to enable them to recapture their runaways with greater facility. This law not only gave national aid to a State institution, which is declared to be no concern of ours, but it was an unconstitutional assumption of power on the part of Congress, violating the gov- j ereignty of all the free States. | By another act of Congress, the General Gov- ernment became responsible for the existence of slavery in this District, and Congress has been legislating on the subject, for the District, more or less ever "since; and this, doubtless, to please the friends of slavery. At diflierent periods. North Carolina and Georgia made cessions of territory to the United States, out of which, Kentucky," Tennessee, Alabama, and Mississippi have been formed. Congress ac- cepted the cession of this territory with an express proviso — a sort of anti-Wilmot proviso — thatCon- gress should never abolish slavery there. Thus giving, at the desire of the friends of the system, a national, though unconstitutional guarantee for its security in those Territories. Louisiana and Florida were ceded to the United States by Franceand Spain. Thetreaties of cession required the United States to secure the blessings of liberty to all the inhahUants; yet Congress was induced to tolerate slavery there, forgetting, per- haps, that the National Government was framed for a nobler purpose than the protection of slave property. And subsequentlv, when California sought admission into the Union, with such a consti- tution as she had a right to adopt, because she preferred a free and homogeneous to a mixed pop- ulation, half free and half slave; because she pre- ferred a system that admits of unlimited progress, to that system which has brought such a Rip Van Winkle sleep on some of the slave States; because her sons chose by honorable labor to get an honest living, rather than to whip it out of other men; for this, and for no other reason that I know of, the friends of slavery resisted her admission. Who is responsible for the agitation growing out of that resistance? And finally, the friends of slavery claniored for, and secured tlie passage of the fugitive bill, which Congress had no right or authority to pass. In all these cases, and others I have not time to enu- merate, v/ho is responsible for " eflbrts to induce Congress to interfere with questions of slavery?" On the other hand, I have yet to learn where the opponents of slavery have demanded any un- constitutional interference with the system. They have petitioned for the abolition of slavery in this District; but this is simply asking of Congress to undo what it had no right to have done in the first place. The interference is on the part of those who gave slavery a legal sanction here; not on the part of those who sought its removal. The stoppage of the coastwise slave-trade has also been demanded; but before any petitions fur this object had been presented. Congress, by direct legislation, had taken this traffic under its protec- tion and regulation, prescribing all the details. Petitions have also been presented asking the prohibition of theinter-State slave-trade. But pre- vious to the presentation of these petitions de- mands had frequently been made on Congress for payment for slaves, and such claims are even now before this body. Is it strange that the opponents of the system, if compelled to recognize slaves as merchantable commodities, should ask to have the trade in such commodities regulated as other com- merce may be, or even prohibited as any other immoral and injurious traffic may be? The opponents of slavery also resisted the ad- mission of Missouri into the Union as a slave State. The terms on which this territory was ceded, if faithfully observed, would have excluded slavery. To give territory purchased by the com- mon treasure of the country up to slavery, is vir- tually to exclude every laboring freeman from its borders; they cannot live where labor is degraded by the presence of .slaves. When Oregon was about to have a territorial government, the opponents of slavery insisted on the adoption of the Jefiersonian proviso. They had been excluded from every foot of the territory acquired since the adoption of the Constitution, except the State of Iowa. They had some rights surely. But they insisted on the proviso for a still better reason — that the General Government had no right to tolerate slavery within its jurisdic- tion. We resisted, also, the provision in the acts es- tablishing territorial governments in New Mexico and Utah, by which it is said to be settled, that when these Territories are admitted as States they may come in with slavery if they please. Had the last Congress a right to say upon what terms a fu- ture Congress should admit new members into the Confederacy? Is not that a question for the States which may then constitute the Union to settle for themselves? The unconstitutional legislation on this subject, in advance of the time when any legis- lation was required, is another instance of the meddlesome interference of the friends of slavery. But the last and crowning iniquity is the pass- age of the fugitive bill. This was resisted, of course; and I^an assure gentlemen that there is no prospect of quiet for them, while such an act remains in the statute book. I do not propose to discuss its demerits at this time. I regard it as utterT^'and entirely unconstitutional. But had L-. time, I would read parts of the Kentucky and Vir- ginia resolution's oT17D8, "which cover the entire ■question. I shall not hesitate to treat this fugitive 'bill as Jeflerson and Madison treated the alien and sediiidii laws — as aijsolutely null and void.*^ -■Now, then, Mr." Chairman,! am prepared to rtssert that, according to my understanding of the Constitution, and from what I know of the history of the country, all the reprehensible agitation of the slavery question, and unconstitutional legisla- tion on the suliject, is chargeable to the friends of the system, and not upon its opponents. I now come to another question. What can be done to quiet the country in reference to this sub- ject? In my opinion, we shall not secure the re- sult either by passing compromise measures, orby * See the re.solutions at the end of the speech. indorsing or reindorsing them ; every indorsement beingonly a repetition of the outrage. Two things are required; first, that all existing unconstitutional legislation on the subject be iinniediately repealed, and then,tiiat the friends ofslavery, and all parties, keep witliin constitutional limits for the future. These are absolutely necessary, even to the begin- ning of harmony in the country. I have heard it said, that if the fugitive bill is repealed, or slavery abolished in this District, the South will dissolve the Union; but, gentlemen, that cry has been heard too often to make much impression upon the North. Coming from that quarter it is simply nonsense; for who does not know that the Union is infinitely more important to the slaveholders, than the slaveholders are to the Union. I tliink of this cry of dissolving the Union as I do of the boy's threat, who, because his mother would not suffer him to pinch the cat's tail when he pleased, declared he would go to the neigh- bors, where they had the measles, and catch the disease, and die, to spite her. [Laughter.] I now come to the question which, perhaps, in- terests us most. What must be done to secure the harmony of the Democratic party? Democrats throughout the country, I suppose, agree on cer- tain great and fundamental principles, while there may often be found among them some disagree- ment in their application; particularly on this question of slavery it is apparent enough there are great differences of opinion. What will you do r Will you adopt some stringent party test, and de- mand that all who are to be recognized as belong- ing to the party shall subscribe to it.? This plan would probaiily result in such a purging of the party as the gentleman from Georgia recom- mended; but I respectfully subrnit if it is not prob- able that the operation might result as in cholera cases, and the patient be afterwards found in a state of collapse.' If you undertake to exclude from the Democratic parly all those who, holding tlie great doctrines of the Democratic faith, dislike the institution of slavery, you will, I imagine, scarcely retain a corporal's giiard in some of the Slates. However, I will not venture to speak of States whose representatives are here to speak for themselves. But I believe the Democracy of Ohio intend to maintain the spirit of their own State platform, and will not quietly submit to an indorsement of the compromise measures, some of which are di- rectly hostile to our own avowed political creed. At three several Slate conventions, (the last held on the 6th day of August last,) a resolution was adopted preceding the one I read at the com- mencement of my remarks. It is as follows: | " Resolved, That the people ofOhionow, as thpy always ' have done, look upon slavery, in any part ol' tlie tftiion, as an evil, and unfavorable to tiiefull development, of thespirit and practical benefits of free institutions, and that, enter- tainini these sentiments, they will at all times feel it to be ; their duty to use all power clearly giveji them by the terms I of the national compact to prevent its increase, and to miti- j gate and finally eradicate the evil.-' | [f I understand the matter aright, some of these compromise measures are in direct opposition to the ofien expressed position of the Democracy of Ohio. The proviso respecting slavery in Utah and New Mexico is directly opposed to our de- termination to use all constitutional means for the limitation and final eradication of the system, and it is my conviction, if the Democratic party in the , Baltimore Convention adopts a resolution in- dorsing those compromise.s, the electoral vote of Ohio will not be given to the nominee of that con- vention. There may be differences of opinion on this point; but I think the position of the Ohio Democracy was honestly and deliberately taken, and I cannot .suppose they were so hypocritical as to avow doctrines and sentiments before the peo- ple, and then falsify them by their own ai-.tion. As an evidence that the people of Ohio will stand : up to the doctrine of the resolution I have read, I may allude to the fact, that of her iwoniy-tliree ( representatives in Congress, including Senate and House, only four were found friendly to an attempt . to secure an indorsement of the compromise meas- >)res by this House. There are differences of opinion in Ohio, as that vote will show; for I take j it for granted that every one of my colleagues rep- [ resents the wishes of h'is constituents. I may also allude to another significant fact. The only Democratic mem!)ers who voted for the fugitive bill were left at home by their constituents, and are not members of the present Congress. : Mr. OLDS, (interrupting.) Will my colleague ; allow me to say, in regard to Mr. Miller, one of i the gentlemen to whom he alludes, that the nomi- nation came off in his district before the pa.ssage of the fugitive bill? I Mr. TOWNSHEND. This may be so. 1 i presume my colleague cannot be mistalcen. How- ever, it does not materially affect my statement, for every one knew perfectly well how Mr. Mil- ler would vote, if he voted at all. I may mention another significant fact, which I have seen noticed in some papers, and which, from personal knowledge,! believe to be correctly stated. At the Slate Democratic Convention on the 6th of August, before alluded to, a committee of twen- tj'-one, or one from each Congressional district, was appointed to present resolutions to the con- vention. One gentleman proposed a resolution indorsing the compromises, and supported his motion by a very able speech — indeed, the best I have ever heard in favor of such a course. But when the question was put to vote, but one solitary vote — that of the mover — was given in the affirm- ative. It is possible that sotne of the members of that commiltee may have been themselves in favor of considering these compromise measures as a settlement of a vexed question; but the fact that they did not choose to go into the State elec- tion with such a inillstone about their necks would indicate, I think, that there can be but little room for mistake respecting the sentiments of the people of Ohio. After rejectinglhecompromiseresolu ion, and adopting what I have read, the Democratic parly of Ohio received a much larger majority than it had ever before obtained. Mr. OLDS, (interrupting.) I wish to say a word with regard to the Auijust convention. I think I understand the Dennicracy of Ohio: and by their resolutions they merely wished to reaf- firm the resolutions of 1848, upon which they had carried the Slate for General Cass. And, sir, I believe the Democracy of that State stand now where they did when they carried that State for General Cass in 1848. I Iiave no doubt that if the question were submitted to them tn-day on sustaining the compromise measures, the Democ- racy of Ohio would vote to sustain these measures. True, they did not pass resolutions affirming or condemning, but those measures were understood as a finality by the people. And when my col- league says that we treat the fugitive law in Ohio as our fathers did the alien and sedition law, I hope he does not refer to the Democratic party. We are a law-abiding people, and until you re- peal that law, we shall abide by it. Mr. CABLE. I wish merely to say one word in reference to the point in controversy between my two colleagues. I can speak for my district alone, and so far as it is concerned the Democracy stand decidedly opposed to the fugitive slave law, and to the Utah and New Mexico bills. A Voice. And the Texas boundary bill. Mr. CABLE. Yes, and to the Texas boundary bill. Mr. TOWNSHEND. My colleague [Mr. Olds] says that the August convention simply re- affirmed the resolutions of 1848, upon which the State was carried for General Cass. This is not quite correct, for although the resolutions of 1851 were first adopted in 1848, and again in 1850, the | convention of 1851 did not reaffirm in general I terms the resolutions of the platform of 1848, but | only adopted so much of that platform as had been j reaffirmed m 1850, which, in fact, was only the slavery resolution. In justice to the Democracy of Ohio, I ought also to say, v/hat at the moment had escaped my recollection: That still another Democratic State Convention, held as late as the 8th of January of the present year, has reiterated in full these reso- lutions on slavery. At this last convention, held since the commencement of the present session of Congress, the Democracy of our State have put forth an admirable platform, giving good evidence of the progress of free principles in the State; for while it shows a determination to do equal and exact justice at home, it expresses a proper ab- horrence of tyranny abroad. My colleague says the people of Ohio are a law- abiding people, and he wishes to relieve himself from all participation in such of my remarks as referred to the fugitive bill. 1 am of course will- ing that he should have the benefit of his dis- claimer; and I beg to say to the House that I too claim to be a law-abiding man; but I do not con- sider an unconstitutional enactment to be law, nor any enactment in palpable violation of the dictates of common justice or humanity. I am fully aware, Mr. Chairman, that there are difierences of opinion on these subjects among the Democrats of Ohio. I have not said that I represent the views of all he Democrats of the State; but what I do say is this, that while some Democrats in Oiiio will sustain the fugitive bill and agree to the com- promises generally, there are others all over the State, quite as radically Democratic, and even more reliably Democratic on all questions at issue be- tween the Whigs and Democrats, whose views, I think, I do not misrepresent when I say they are unalterably opposed to these cornpromise meas- ures. Of such I presume there areas many in tlie district I represent as in any other part of the State. What I desire is not to give the impression that we are all agreed, JUut admitting our disagreement to draw from that fact an argument against the intcod jction of any new party tests, the effect of which, as 1 have already said, would be to lose the electoral vote of the Slate for your presidential candidate. Mr. EDGERTON, (interrupting.) I suppose the gentleman is now also speaking for his district alone, and not for the State. 1 wish to understand distinctly whether my colleague speaks now for the whole State or for his own district.'' Mr. TOWNSHEND. At the moment of my colleague's question, 1 believe I Avas expressing simply my own opinion, without assuming to speak for any one else, and I repeat it in substance. If Democrats in the district I represent, and those Democrats in other parts of the State, whose views I represent, do not vote for a candidate put on a compromise platform, I give it as my opinion that he will not get the vote of the State. Mr. EDGERTON. I beg leave to say, as one of the representatives from the State of Oliio, that I dissent fronri the opinion of the gentleman. Mr. TOWNSHEND. I certainly do not wish my friend held responsible for any opinion I may think proper to express, though, perhaps, we are after all not so far asunder, for I think he voted with me, the other day, to keep these compromise measures from coming before the House. Mr. EDGERTON! Most assuredly 1 did. Mr. TOWNSHEND- And 1 have no doubt, Mr. Chairman, that my colleague, in that vote, faithfully reflected the will of his constituency, all of which goes to prove the correctness of my opin- ion that the compromise measures are not popular in Ohio, not even in that gentleman's district. Mr. HENN. I desire to ask the gentleman from Ohio, whether there are two Democratic par- ties in Ohio? — and whether the convention of which he has spoken, was a convention of the regular Democratic party ? Mr. TOWNSHEND. The convention that adopted the resolutions I have read, was the con- vention of the regular Democratic jiarty of the State. It was the same convention that nominated Reuben Wood for Governor. Mr. EDGERTON. Will my colleague allow me to interrupt him for a moment? I beg to say that there is but one Democratic party in Ohio, and there never was but one Democratic party in that Slate, and that party invariably supports the nominee of the National Democratic Conven- tion for the Presidency. And when you can show me a man in Ohio, a Democrat, who has voted against the regular nominee of that convention, I will show you a man who is not regarded as a true Democrat by the party of the State. H^e may be regarded as such in his district, but he is not in good standing with the Democratic parly of that Slate at larje. Mr. TOWNSHEND. Mr. Chairman, whether my colleague or myself is considered in Ohio as the belter Democrat, is, I presume, of little conse- quence to this House. For myself, I have only to say, that I shall faithfully represent my own convictions of duty and the wishes of my constit- uents. If this is incompatible with a standing in the party, I must submit to the loss of it. And I suggest to my colleague that neither is he called uponto speak for the whole Slate of Ohio; bul simply for his own district. Mr" GORMAN. Will the gentleman from Ohio allov/ me to ask him a question? Will he be kind enough to say for whom he voted, in 1848, for the Presidency? Mr. T0WNSH:END. I answer the gentleman with great pleasure. I voted for Martin Van Bu- ren, a good Democrat, and one who had often been thoroughly indorsed by the Democratic party. On one point I can, perhaps, say more than some of my Democratic friends: I have never voted for "Whigs." I have only a few words more that I care to say, and these could have been uttered some minutes since, had 1 not been interrupted. If union is ne- cessary to the success of the Democratic party, tJiat party must eschew all merely sectional tests, and adopt a platform in strict accordance with the fundamental principles of the party as heretofore understood. Upon such a platform only can tlie Democratic party of the whole country stand in harmony. [Here the hammer fell.] Kentucky Resolutions of 1798. [Original draft prepared by Thomas Jefferson.] Tlie following resolutions passed the House of Represent- atives of Kentucky. November lOlh, 1798. On the passage of the \st resolution, one dissentient ; 2(i, 3d, ith, 5th, Cifh, llh, Sth, two dissentients ; 9th, three dissentients. 1. Resolved, That the several States composing the Uni- ted States of America are not united on tlie principle of unlimited submission to their General Government; but that, by compact under the style and title of a Constitution for the Uniled States, and of amendments thereto, they cou- Btituted a General Government for special purposes, dele- gatsd to that Government certain definite powers, reserving, Ciich State to itself, the residuary mass of right to their ovvii self-government; and that whensoever the General Gov- ernment assumes undelegated powers, its acts are unau- tlioritative, void, and of no korce; tliat to this compact c^ch State acceded, as a State and as an integral party; liiat this Government, 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 discre- tion, and not the Constitution, the measure of its powers ; but that, as in all otner cases of compact among parties having no conunon judge, each party has an equal right to judge for itself, ai well of infractions as of the mode and measure of redress. ■2. Resolved, That the Constitution of the United States, having delegated to Congress a power to punish treason, counterfeiting tlie securities and current coin of the United States, piracies and felonies committed on the high seas, and offenses against the laws of nationa, and no other crimes whatever; and it being true, as a general principle, j and one of the amendments to the Constitution having also i declared, that "the powers not delegated to the United States by the Constitution, nor jirohibited by it to the States, are reserved to the States, respectively, or to the people ;" therefore, also, the same act of Congress, passed on the 14th day of July, 1798, and entitled "An act in ad- dition to the act for the punishment of certain crimes against tlie United States ;"' as also the act passed by them on the '27tli day of June, 1798, entitled " An act to punish frauds ooniniitted on the Hank of the United States," and aWotAej- of their acts which assume to create, define, or punish a-imcs other than those enumerated in the Constitution, are altogether voti) and of no force ; and that the power to create, define, and punish such other crimes is reserved, aud of right ajipertains, solely and exclusively, to the re- Bpective States, each witliin its own territory. 3. Resolved, That it is true, as a general principle, and is expressly declared by one of tlie amendments to the Con- »titution, that "the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States, respectively, or to the people;" ttiid, that no power over the freedom of religion, freedom of speech, or freedom sf the press, being delegated to the Uni- ted States by the Constitution, nor prohibited by it to the States, all lawful powers respecting the same did of right j remain, and were reserved to the States or to the people; that thus was manifested their determination to retain to themselves the right of judging how far the licentiousness of speech and of the press may be abridged, without les- sening their useful freedom, and how far tliose abuses which cannot be i-eparated from their use should be t^^lerated, rather than the use should be destroyed; and thus, also, they guarded against all abridgment by the United States, ot the truedoui of religious principles and exercises, and retained to themselves tlie right of protecting the same, as this, stated by a law passed on the general deniaiid of its citizens, had already protectiul them from all human restraint or inter- ference ; and, that in addition to tiiis general principle and express declaration, another and more special provision has been made by one of the amendmeiils to the Constitution, which expressly declares that "Congress shall make no' laws respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech, or of the press," thereby guarding, in the same sentence, and under the same words, the freedom of religion, of speech and of the press ; insomuch, that whatever violates either, throws down the sanctuary which covers the other ; and that libels, falsehood, and defamation, equally with heresy and false religion, are withheld from the cognizance of federal tribunals. That therefore, the acl of the Consress of the United States, passed on the Mlh of July, 1798, entitled " An act in addition to the act entitled an act for the pun- ishment of certain crimes against the United States," which does abridge the freedom of the press, is not law, but is altogether void and of no effect. 4. Resolved, That alien friends are under the jurisdiction and protection of the laws of the State wlierein they are; that no power over tliein has been delegated to the United States, nor prohibited to the individual States, distinct from their power over citizens; and it being true, as a general principle, and one of the amendments to the Constitution having also declared that " the powers not delegated to tha United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people," the act of the Congress of the United States, passed the 22d day of June, 1798, entitled " An act concern- ing aliens," which assumes power over alien friends, not delegated by the Constitution, is not law, but is altogether VOID and of no force. 5. Resolved, That in addition to the general principle, as well as the express declaration that powers not delegated are reserved, another and more special provision inserted in the Constitution, from abundant caution, has declared that "the migration or importation of such persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year 1808." That this Commonwealth does admit the migration of alien friends, described as the subject of the said act concerning aliens; that a provision against prohibiting their migration is a provision against all acts equivalent thereto, or it would be nugatory; that to remove them, when migrated, is equivalent to a piohibiton of their migration, and is, therefore, contrary to the said provision of the Constitution, and void. 6. Resolved, That the imprisonment of a person under the protection of the laws of this Commonwealth, on his fail- ure to obey the simple order of the President to depart out of the United States, as is undertaken by the said act, entitled "An act concerning aliens,'' is contrary to fhe Constitu- tion — one amendment in which has provided, that '^no person shall be deprived of liberty without due process of law;'" and that another having provided, that "in all criminal prosecutions the accu^ed shall enjoy the right to a public trial by an impartial jurj ; to be intbrmed as to the nature and cause of the accusation ; to be confronted with witnesses against him ; to have compulson' process for ob- taining witnesses in his I'avor, and to have assistance of counsel for his defense" — the same act undertaking to au- thorize the President to remove a person out of the United States, who is under the protection of the law, on his own suspicion, without jury, without public trial, without con- frontation of the witnesses against him, without having witnesses in his favor, without defense, vnthout counsel, ia contrary to these provisions, also, of the Constitution, is therefore not law, hut utterly void, and of no force. That transferring the power of judging any person who is under the protection of the laws, from the courts to tlie President of the United States, as is undertaken by the same act concerning aliens, is against the article of the Constitu- tion which provides that " the Judicial power of the United States shall be vested in the courts, the judges of which shall hold their off.ce during good behavior," and that the said act is void for that reason also ; and it is further to be noted, that this transfer of judiciary power is to that mag- istrate of the General Government who already posses.-es all the executive and a qualified negative in ail the legisla- tive powers. 7. Resolved, That the construction applied by the Gen- eral Government (as is evinced by sundry of their proceed- ings) to tliose parts of the Constitution of the United States which delegate to Congress power to lay and collect taxes, duties, imposts, excises, to pay the debts and provide for the common defense and general welfare of the United States, and to make all laws which sliall be necessary and proper 6 for carryiiiji into execution the powers vested by the Consti- tution in the Government of tlie United States, or any de- partiiieiit thereof, aoes to tlie destruction of all the limits prescribed to their power by the Constitution : That words meant by that instrument to be subsidiary only to tiie execu- tion of the limited powers, ou^ht not to be so construed as tliemselvcs to give unlimited powers, nor a part so to be taken as to destroy the whole residue of that instrument: 'J'liat the proceedings of the General Government, under color of these articles, will be a fit and necessary subject for revisal and correction at a time of greater tranquillity, while those specified in the preceding resolutions call for immedi- 8. Resolved, That the preceding resolutions be transmit- ted to the Senators and Representatives in Congress from tliis (Commonwealth, who are enjoined to present the same to their respective Houses, and to use their best endeavors to procure, at the next session of Congress, a repeal of the aforesaid unconstitutional and obnoxious acts. 9. Resolved, lastly, That the Governor of this Common- wealth he, and is hereby, authorized and requested to com- inunicate the preceding resolutions to the Legislatures of the several States, to assure them that this Commonwealth considers union for special national purposes, and particu- larly for those specified in the late federal compact, to be frie'ndiv to the peace, happiness, and prosperity of all the States;' that, faithful to that compact, according to the plain intent and meanincin which it was understood and acceded to bv the several parties, it is sincerely anxious for its pres- ervation; that it does also believe, that to take from the States all the powers of self Government, and transfer them to a general and consolidated government, without regard to the special delegations and reservations solemnly agreed to in that compact, is not for the peace, happiness, or pros- peritv of these States ; and that therefore, this Common- wealth is determined as it doubts not its co-States are, not tamely to suhnit to undelegated, and consequently, unlim ■ ited powers, iii no man or body of men on earth; that if the acts before specified should stand, these conclusions would flow from ihem— thnt the General Government may place any act that they think properon the list of crimes, and pun- ish it themselves, whether enumerated or not by the Con- 6titution as cognizable by them ; that they may transfer its eognizance"^to the President or any other person, who may himself he the accuser, judge, and jury, whose suspi cions may be the evidence, his order the sentence, his officer the executioner, and his breast the sole record of the trans- action; that a very numerous and valuable description of tlie inhabitants of these States being, by this precedent, re- duced as outlaws to the absolute dominion of one man, and the barriers of the Constitution thus swept from us all, no rampart now remains against the passions and the powers of a majority of Congress to protect from a like exportation or other grievous punishment, the minority of the same body, the legislatures, judges, governors, and councilors of the States, nor their other peaceable inhabitants, who may ven- ture to reclaim the constitutional rights and liberties of the States and people, or who, for other causes, good or bad , Diav be obnoxious to the view, or marked by the suspicions of the President, or to be thought dangerous to his or their elections, or- other interests, public or personal; that the friendless alien has 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 a prey; that these, and successive acts of the same character, unless arrcstedon the threshold, may tend to drive tliese States into revolution and blood, and will furnish new calumnies against republican governments, and new i pretexts for those who wish it to be believed that man can- not 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 in confidence: it is jealously, 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 desiroyinglhose limits .' Let him say what the government is, if it be not a tyranny, which the men of our choice have conferred on the Presi- dent, and the President of our choice has assented to, and ac- cepted, over the friendly strangers to whom the mild spirit of our eoiintrv and its laws had pledged hosiiitality and pro- tection; that' the men of our choice have more respected flic bare suspi<'ions of the President than the solid rights of innocence, the claims of justification, the sacred force of truth, and the forms and substances of law and justice. In questions of power, then, let no more be said of conhdence in man, but bind him down from mischief by the chains of tlie Constitution. That Tins Commonwealth does TiiRREKoRE CAM. ON ITS t'o-STATES for au expression of their sentiments on the acts concerning aliens, and for the punishment of certain crimes hereinbefore specified— plain- ly declaring whether these acts are or are not authonzed by the federal compact. And it doubts not that their sense will be so announced as to prove their attachment to limited gov- ernment ; whether general or particular, and that the rights and libertiesof their CO Stales will be exposed to no dangers by remaining embarked on a common bottom with their own ; but they will concur with this Commonwealth in corv- sideringthe said 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, hut that it will proceed in the exercise, over these States, of all powers whatever. That they will view this as seizing the rights of the States, and coiisolidaling 1 thein in the hands of the General Government, with a pow- ' er assumed to hind the States," (not merely in cases made ! federal, but in all cases whatsoever,) by laws made, not 1 with their consent, but by others againsttheir consent, tjial 1 this would be to surrender the form of government we havB i chosen, and live under one deriving its powers from its own I will, and not from our authority; and that the co-States, \ recurring to their natural rights in cases not made federal, I 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. Edmund Bullock, S. H. R. John Campbell, S. S. P. T. Passed the House ofRepresentatives, November, 10, 179a T^ttest: Thos. Todd, 0. H. R. In Senate, Novemher, 13, 1798— unanimously concurred Attest : B. Thruston, C. S. Approved, Novemher ]!).''i, 1798. James Garrard. Bv the Governor: Govenror of Kentucky. Harry Toulmin, Seci-et.iry of State. The Virginia Resolutions of 1798. [drawn np BY JAMES MADISON.] In the Virginia House of Delegates, Friday, December ^l, 1798. Resolved, That the General Assembly of Virginia doth unequivocally exi)ress a firm resolution to maintain and defend the Constitution of the United States, and the con- stitution of tliis State, against every aggression, either for- eign 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 at- tachment to the Union of the States, to maintain which, it pledges 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 its existence and the public happiness. That this Assembly doth explicitly and peremptorily di-- clare. that it views the powers of the Federal Government as resulting from the compact to which the States are par- ties, as limited bv the plain sense and intention of the instru- ment constituting that compact, as no further valid than they are authorized by the grants enumerated in that com- pact; and that in case of a deliberate, palpable, and danger- ous exercise of other powers, not granted by the said com- pact, the States, who are parties thereto, have the right, and are in duty bound, to interpose, forarresting the )irog- ress of the evil and for maintaining within their resppctive limits, the authorities, rights, and hberties, appertaining to them. That the General Assembly doth also express its deep re-