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Subject Area: Political Theory
Topic: The American Revolution and Constitution

RESOLUTIONS OF 1798. 1 - James Madison, The Writings, vol. 6 (1790-1802) [1906]

Edition used:

The Writings of James Madison, comprising his Public Papers and his Private Correspondence, including his numerous letters and documents now for the first time printed, ed. Gaillard Hunt (New York: G.P. Putnam’s Sons, 1900). Vol. 6.

Part of: The Writings of James Madison, 9 vols.

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RESOLUTIONS OF 1798.1

  • In the House of Delegates

Friday, December 21, 1798.

[1.] Resolved, That the General Assembly of Virginia doth unequivocally 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.

[2.] 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 its existence and the public happiness.

[3.] 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 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 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.

[4.] 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 indications have appeared of a design to expound certain general phrases (which, having been copied from the very limited grant of powers 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 result of which would be to transform the present republican system of the United States into an absolute, or, at best, a mixed monarchy.

[5.] 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 nowhere delegated to the Federal Government and which, by uniting legislative and judicial powers to those of [the] executive, subvert 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 the 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.

[6.] 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 reproachful inconsistency and criminal degeneracy, if an indifference were now shown to the 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.

[7.] 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 unimpaired the authorities, rights, and liberties reserved to the States respectively, or to the people.

[8.] 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.

Attest:

John Stewart.

1798, December 24. Agreed to by the Senate.

H. Brooke.

A true copy from the original deposited in the office of the General Assembly.

John Stewart,Keeper of Rolls.

RESOLUTIONS OF 1799.

  • In the House of Delegates,

Friday, January 4, 1799.

Resolved, That the General Assembly of Virginia will co-operate with the authorities of the United States in maintaining the independence, Union, and Constitution thereof, against the hostilities or intrigues of all foreign Powers whatsoever; and that although differences of opinion do exist in relation to internal and domestic measures, yet a charge that there is a party in this Commonwealth under the influence of any foreign Power is unfounded and calumnious.

Resolved, That the General Assembly do, and will always, behold with indignation, depredations on our commerce, insults on our citizens, impressments of our seamen, or any other injuries committed on the people or Government of the United States by foreign nations.

Resolved, Nevertheless, that our security from invasion and the force of our militia render a standing army unnecessary; that the policy of the United States forbids a war of aggression; that our whole reliance ought to be on ourselves; and, therefore, that while we will repel invasion at every hazard, we shall deplore and deprecate the evils of war for any other cause.

Resolved, That a copy of the foregoing resolutions be sent to each of the Senators and Representatives of this State in Congress.

Attest:

John Stewart, C. H. D.

1799, January 10th. Agreed to by the Senate.

H. Brooke, C. S.

A true copy of the original deposited in the office of the General Assembly.

John Stewart,Keeper of Rolls.

[1 ]Madison intended to make his retirement from public life permanent and was busy with his farm and building additions to his house when the crisis drew him into public activity. Jefferson, George Nicholas, and himself consulted and agreed to concerted action on the part of Kentucky and Virginia against the alien and sedition laws, but Madison never saw the Kentucky resolutions until they were published. See his defence of both the Kentucky and Virginia resolutions against the charge that they embodied the principle of nullification, post, 1835-’36; also Warfield’s Kentucky Resolutions of 1798. Madison gave the Virginia resolutions to John Taylor of Caroline to introduce, and but one alteration was made in the original draft. Paragraph 4, as Madison prepared it, was “. . . as it does hereby declare, that the acts aforesaid, are unconstitutional, null, void and of no effect,” the words in italics being struck out as unnecessary repetition. Nevertheless, Madison was not perfectly easy in his mind over the question of whether the legislature was really the proper body for making the protest, as the following letter shows:

TO THOMAS JEFFERSON.

Decr 29, 1798.

Dear Sir,—

I inclose a draught on Genl Moylan, out of which you will be pleased to pay yourself the price of the Nails, £48-11. 3d., Va. Cy to let Barnes have as much as will discharge the balance I owe him, & to let what may remain lie till I write to you again.The P’s speech corresponds pretty much with the idea of it which was preconceived. It is the old song with no other variation of the tune than the spirit of the moment was thought to exact. It is evident also that he rises in his pitch as the ecchoes of the S. & H. of R. embolden him, & particularly that he seizes with avidity that of the latter flattering his vigilance & firmness agst. illusory attempts on him, without noticing, as he was equally invited, the allusion to his pacific professions. The Senate as usual perform their part with alacrity in counteracting peace by dextrous provocations to the pride & irritability of the French Govt. It is pretty clear that their answer was cooked in the same shop with the speech.1 The of the former calculated to impose on the public mind here, & the virulence of the latter still more calculated to draw from France the war, which cannot be safely declared on this side, taste strongly of the genius of that subtle partizan of England who has contributed so much to the public misfortunes. It is not difficult to see how A. could be made a puppet thro the instrumentality of creatures around him, nor how the Senate could be managed by similar artifice.

I have not seen the Result of the discussions at Richmond on the alien & sedition laws. It is to be feared their zeal may forget some considerations which ought to temper their proceedings. Have you ever considered thoroughly the distinction between the power of the State & that of the Legislature, on questions relating to the federal pact. On the supposition that the former is clearly the ultimate Judge of infractions, it does not follow that the latter is the legitimate organ especially as a Convention was the organ by which the compact was made. This was a reason of great weight for using general expressions that would leave to other States a choice of all the modes possible of concurring in the substance, and would shield the Genl Assembly agst the charge of Usurpation in the very act of protesting agst the usurpations of Congress.1 I have not forgotten my promise of McGeehee’s prices, but cd not conveniently copy them for the present mail.—Mad. MSS.

TO THOMAS JEFFERSON.

Feby 8, 1799.

Dear Sir

I did not receive your last favor of the 16th Ulto till the mail after it was due, with the further delay of its coming by the way of Charlottesville. The last mail brought me not a single Newspaper, tho’ it was before in arrears. That there is foul play with them I have no doubt. When it really happens that the entire Mass cannot be conveyed, I suspect that the favorite papers are selected, and the others laid by; and that when there is no real difficulty the pretext makes room for the same partiality. The idea of publishing the Debates of the Convention ought to be well weighed before the expediency of it, in a public as well as personal view be decided on. Besides the intimate connection between them the whole volume ought to be examined with an eye to the use of which every part is susceptible. In the Despotism at present exercised over the rules of construction, and [illegible] reports of the proceedings that would perhaps be made out & mustered for the occasion, it is a problem what turn might be given to the impression on the public mind. But I shall be better able to form & explain my opinion by the time, which now approaches when I shall have the pleasure of seeing you. And you will have the advantage of looking into the sheets attentively before you finally make up your own. I have had a glance at Gerry’s communications & P.s Report on it. It is impossible for any man of candor not to see in the former an anxious desire on the part of France for accommodation, mixed with the feelings which Gerry satisfactorily explains. The latter a narrow understanding and a most malignant heart. Taken, however, in combination with preceding transactions, it is a link that fits the chain. The P. could not do less in his speech than allow France an option of peace, nor his Minister do more than to insult & exasperate her if possible, into a refusal of it.

Inclosed is a letter to Barnes with two orders which I hope will suffice both for you & him. Should there be any deficit I can now make it up here on your return where possibly it may be more convenient for you to receive it. I inclose also a few more observations which are submitted to your discretion, under the usual reservation. They were sketched prior to the arrival of P’s Report, to which they may appear to have reference; or they might have assumed still more of that aspect. The impression of your Seals have not been very distinct, but there has been no other suspicious circumstance attending them. I put into the letter to Barnes, the last of them that you may judge yourself of the appearance. If you find it not inconvenient in your strolls to buy me a cheap diamond [for cutting glass] & bring it with you, I shall be obliged to you to take that trouble. An indifferent one which I now have lost, and wish to replace it.—Mad. MSS.

[1 ]Madison intended to make his retirement from public life permanent and was busy with his farm and building additions to his house when the crisis drew him into public activity. Jefferson, George Nicholas, and himself consulted and agreed to concerted action on the part of Kentucky and Virginia against the alien and sedition laws, but Madison never saw the Kentucky resolutions until they were published. See his defence of both the Kentucky and Virginia resolutions against the charge that they embodied the principle of nullification, post, 1835-’36; also Warfield’s Kentucky Resolutions of 1798. Madison gave the Virginia resolutions to John Taylor of Caroline to introduce, and but one alteration was made in the original draft. Paragraph 4, as Madison prepared it, was “. . . as it does hereby declare, that the acts aforesaid, are unconstitutional, null, void and of no effect,” the words in italics being struck out as unnecessary repetition. Nevertheless, Madison was not perfectly easy in his mind over the question of whether the legislature was really the proper body for making the protest, as the following letter shows:

TO THOMAS JEFFERSON.

Decr 29, 1798.

Dear Sir,—

I inclose a draught on Genl Moylan, out of which you will be pleased to pay yourself the price of the Nails, £48-11. 3d., Va. Cy to let Barnes have as much as will discharge the balance I owe him, & to let what may remain lie till I write to you again.The P’s speech corresponds pretty much with the idea of it which was preconceived. It is the old song with no other variation of the tune than the spirit of the moment was thought to exact. It is evident also that he rises in his pitch as the ecchoes of the S. & H. of R. embolden him, & particularly that he seizes with avidity that of the latter flattering his vigilance & firmness agst. illusory attempts on him, without noticing, as he was equally invited, the allusion to his pacific professions. The Senate as usual perform their part with alacrity in counteracting peace by dextrous provocations to the pride & irritability of the French Govt. It is pretty clear that their answer was cooked in the same shop with the speech.1 The of the former calculated to impose on the public mind here, & the virulence of the latter still more calculated to draw from France the war, which cannot be safely declared on this side, taste strongly of the genius of that subtle partizan of England who has contributed so much to the public misfortunes. It is not difficult to see how A. could be made a puppet thro the instrumentality of creatures around him, nor how the Senate could be managed by similar artifice.

I have not seen the Result of the discussions at Richmond on the alien & sedition laws. It is to be feared their zeal may forget some considerations which ought to temper their proceedings. Have you ever considered thoroughly the distinction between the power of the State & that of the Legislature, on questions relating to the federal pact. On the supposition that the former is clearly the ultimate Judge of infractions, it does not follow that the latter is the legitimate organ especially as a Convention was the organ by which the compact was made. This was a reason of great weight for using general expressions that would leave to other States a choice of all the modes possible of concurring in the substance, and would shield the Genl Assembly agst the charge of Usurpation in the very act of protesting agst the usurpations of Congress.1 I have not forgotten my promise of McGeehee’s prices, but cd not conveniently copy them for the present mail.—Mad. MSS.

TO THOMAS JEFFERSON.

Feby 8, 1799.

Dear Sir

I did not receive your last favor of the 16th Ulto till the mail after it was due, with the further delay of its coming by the way of Charlottesville. The last mail brought me not a single Newspaper, tho’ it was before in arrears. That there is foul play with them I have no doubt. When it really happens that the entire Mass cannot be conveyed, I suspect that the favorite papers are selected, and the others laid by; and that when there is no real difficulty the pretext makes room for the same partiality. The idea of publishing the Debates of the Convention ought to be well weighed before the expediency of it, in a public as well as personal view be decided on. Besides the intimate connection between them the whole volume ought to be examined with an eye to the use of which every part is susceptible. In the Despotism at present exercised over the rules of construction, and [illegible] reports of the proceedings that would perhaps be made out & mustered for the occasion, it is a problem what turn might be given to the impression on the public mind. But I shall be better able to form & explain my opinion by the time, which now approaches when I shall have the pleasure of seeing you. And you will have the advantage of looking into the sheets attentively before you finally make up your own. I have had a glance at Gerry’s communications & P.s Report on it. It is impossible for any man of candor not to see in the former an anxious desire on the part of France for accommodation, mixed with the feelings which Gerry satisfactorily explains. The latter a narrow understanding and a most malignant heart. Taken, however, in combination with preceding transactions, it is a link that fits the chain. The P. could not do less in his speech than allow France an option of peace, nor his Minister do more than to insult & exasperate her if possible, into a refusal of it.

Inclosed is a letter to Barnes with two orders which I hope will suffice both for you & him. Should there be any deficit I can now make it up here on your return where possibly it may be more convenient for you to receive it. I inclose also a few more observations which are submitted to your discretion, under the usual reservation. They were sketched prior to the arrival of P’s Report, to which they may appear to have reference; or they might have assumed still more of that aspect. The impression of your Seals have not been very distinct, but there has been no other suspicious circumstance attending them. I put into the letter to Barnes, the last of them that you may judge yourself of the appearance. If you find it not inconvenient in your strolls to buy me a cheap diamond [for cutting glass] & bring it with you, I shall be obliged to you to take that trouble. An indifferent one which I now have lost, and wish to replace it.—Mad. MSS.

[1 ]The following paragraph was omitted in the Congressional Edition of Madison’s Works.

[1 ]The Virginia plan provided for “Conventions under appointment of the people to ratify the new Constitution,” and Madison said in the debate in the convention that he thought the provision essential. (Ante, Vol. III., 94; also IV., 39, 45, 147, 164, 226, 344, 415, 418, 447.)