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“Advertisement Extraordinary!!!” (Philadelphia) Aurora 14 July 1798 - Lance Banning, Liberty and Order: The First American Party Struggle [1787]

Edition used:

Liberty and Order: The First American Party Struggle, ed. and with a Preface by Lance Banning (Indianapolis: Liberty Fund, 2004).

About Liberty Fund:

Liberty Fund, Inc. is a private, educational foundation established to encourage the study of the ideal of a society of free and responsible individuals.


“Advertisement Extraordinary!!!” (Philadelphia) Aurora 14 July 1798

Orator Mum takes this very orderly method of announcing to his fellow citizens that a THINKING CLUB will be established in a few days at the sign of the Muzzle in Gag Street. The first subject for cogitation will be:

“Ought a Free People to obey laws which violate the constitution they have sworn to support?”

N.B. No member will be permitted to think longer than fifteen minutes.

The Kentucky and Virginia Resolutions

With the Federalists in control of all three branches of the federal government, Jefferson and Madison decided to arouse the states for a counterattack on the repressive legislation of the summer. Jefferson gave a draft of legislative resolutions to John Breckinridge of Kentucky. Madison drafted a second set, which he would give to Virginia’s John Taylor. Breckinridge or his fellow Kentucky legislators softened Jefferson’s resolutions considerably before they passed the state house of representatives on 10 November 1798, replacing his suggestion that the rightful remedy for federal usurpations was a “nullification” of such acts by each state acting on its own with a declaration that unconstitutional acts were “void and of no force” and a call for the other states to join Kentucky in “requesting their repeal.” The authorship of both sets of resolutions was a closely guarded secret until 1809, when Taylor mentioned Madison in print, and Jefferson’s draft of the Kentucky Resolutions would not become public until later still. The two sets of resolutions nevertheless proved hugely controversial at the time, and during the succeeding generation, their elucidation of a compact theory of the Constitution and a doctrine of state interposition against unconstitutional federal laws would become a groundwork for the doctrines of nullification and secession.