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 constitutiong 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
thererto;_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 serupulous fidelity to that constitution, which
is the pledge of mutual friendhsip, and the instrument of mutual happiness;
the General Assembly doth solemenly 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.
(author: James Madison)