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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 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 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.
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