OCTOBER, 1798
1. Resolved, That the several States composing the United States of America; are not united on the principle of unlimited submission to their General Government; but that, by a compact under the style and title of a Constitution for the United States, and of amendments thereto, they constituted a General Government for special purposes, -- delegated to that government certain definite powers, reserving, each State to itself, the residuary mass of right to their own self-government; and that whensoever the General Government assumes undelegated powers, its acts are unauthoritative, void, and of no
force: that to this compact each State acceded as a State, and is an integral party, its
co-States forming, as to itself, the other party: that the 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 discretion, and not the Constitution, the measure
of its powers; but that, as in all other cases of compact among powers having no common
judge, each party has an equal right to judge for itself, as 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 the securities and current coin of the United
States, piracies, and felonies committed on the high seas, and offences against the law of
nations, and no other crimes whatsoever; 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 the United States by the Constitution, nor prohibited by it to the States, are
reserved to the States respectively, or to the people," therefore the act of Congress,
passed on the 14th day of June, 1798, and intituled "An Act for the punishment of certain
crimes against the United States," as also the act passed by them on the -- day of June,
1798, intitled "An Act to punish frauds committed on the bank of the United States," (and
all their other acts which assume to create, define, and punish such other crimes is
reserved, and, of right, appertains solely and exclusively to the respective States, each
within its own territory.
3. Resolved, That it is true as a general principle, and is also expressly declared by one of
the amendments to the Constitution, that "the powers not delegated to the United States
by the Constitution, nor prohibited to it by the States, are reserved to the States
respectively, or to the people;" and that no power over the freedom of religion, freedom
of speech, or freedom of the press being delegated to the United States by the
Constitution, not prohibited by it to the States, all lawful powers respecting the same did
of right remain, and were reserved to the States or 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 lessening their useful freedom, and
how far these abuses which cannot be separated from their use should be tolerated, rather
than the use be destroyed. And thus also they guarded against all abridgment by the
United States of the freedom of religious opinions and exercises, and retained to
themselves the right of protecting the same, as this State, by a law passed on the general
demand of its citizens, had already protected them from human restraint or interference.
And that in addition to this general principle and express declaration, another and more
special provision has been made by one of the amendments to the Constitution, which
expressly declares, that "Congress shall make no law 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 violated either,
throws down the sanctuary which covers the others, and that libels, falsehood and
defamation, equally with heresy and false religion, are withheld from the cognizance of
federal tribunals. That, therefore, the act of Congress of the United States, passed on the
14th day July, 1798, intituled An Act for the punishment 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 force.
4. Resolved, That alien friends are under the jurisdiction and protection of the laws of the
State wherein they are: that no power over them 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 the 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 Congress of the United States, passed on the -- day of July, 1798, intituled "An Act
concerning aliens," which assumes powers 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 of 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 prohibition 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 failure to obey the simple order of the President to depart out of
the United States, as is undertaken by said act intituled "An Act concerning aliens," is
contrary to the Constitution, one amendment to 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 accused shall enjoy the right to public trial by an
impartial jury, to be informed of the nature and cause of the accusation, to be confronted
with the witnesses against him, to have compulsory process for obtaining witnesses in his
favor, and to have the assistance of counsel for his defence," the same act, undertaking to
authorize the President to remove a person out of the United States, who is under the
protection of the law, on his own suspicion, without accusation, without jury, without
public trial, without confrontation of the witnesses against him, without hearing
witnesses in his favor, without defence, without counsel, is contrary to the provision also
of the Constitution, is therefore not law, but 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 the President of the United States, as is undertaken by the same act
concerning aliens, is against the article of the Constitution which provides that "the
judicial power of the United States shall be vested in courts, the judges of which shall
hold their offices 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 magistrate of
the General Government who already possesses all the Executive, and a negative on all
legislative powers.
7. Resolved, That the construction applied by the General Government (as is evidenced
by sundry of their proceedings) to those parts of the Constitution of the United States
which delegate to Congress a power "to lay and collect taxes, duties, imports, and
excises, to pay the debts, and provide for the common defence and general welfare of the
United States," and "to make all laws which shall be necessary and proper for carrying
into execution the powers vested by the Constitution in the government of the United
States, or in any department or officer thereof," goes to the destruction of all limits
prescribed to their power by the Constitution: that words meant by the instrument to be
subsidiary only to the execution of limited powers, ought not to be so construed as
themselves to give unlimited powers, nor a part to be so taken as to destroy the whole
residue of that instrument: that the proceeds of the General Government under color of
these articles will be a fit and necessary subject of revisal and correction, at a time of
greater tranquillity, while those specified in the preceding resolutions call for immediate
redress.
8. Resolved, That a committee of conference and correspondence be appointed, who shall
have in charge to communicate the preceding resolutions to the legislatures of the several
States; to assure them that this commonwealth continues in the same esteem of their
friendship and union which it has manifested from that moment at which a common
danger first suggested a common union: that it considers union, for specified national
purposes, and particularly to those specified in their late federal compact, to be friendly
to the peace, happiness and prosperity of all the States: that faithful to that compact,
according to the plain intent and meaning in which it was understood and acceded to by
the several parties, it is sincerely anxious for its preservation: that it does also believe,
that to take from the States all the powers of self-government and without regard to the
special delegations and reservations solemnly agreed to in that compact, is not for the
peace, happiness or prosperity of these States; and that therefore this commonwealth is
determined, and consequently unlimited powers in no man, or body of men on earth: that
in cases of an abuse of the delegated powers, the members of the General government,
being chosen by the people, a change by the people would be the constitutional remedy;
but, where powers are assumed which have not been delegated, a nullification of the act
is the rightful remedy: that every State has a natural right in cases not within the compact,
(casus non foederis,) to nullify of their own authority all assumptions of power by others
within their limits: that without this right, they would be under the domination, absolute
and unlimited, of whosoever might exercise this right of judgment for them: that
nevertheless, this commonwealth, from motives of regard and respect for its co-States,
has wished to communicate with them on the subject: that with them alone it is proper to
communicate, they alone being parties to the compact, and solely authorized to judge in
the last resort of the powers exercised under it, Congress being not a party, but merely
the creature of the compact, and subject as to its assumptions of power to the final
judgment of those by whom, and for whose use itself and its powers were all created and
modified: that if the acts before specified should stand, these conclusions would flow
from them: that the General government may place any act they think proper on the list
of crimes, and punish it themselves whether enumerated or not enumerated by the
Constitution as cognizable by them: that they may transfer its cognizance to the
President, or any other person, who may himself be the accuser, counsel, judge and jury,
whose suspicions may be the evidence, his order the sentence, his officer the executioner,
and his breast the sole record of the transaction: that a very numerous and valuable
description of the inhabitants of these States being, by this precedent, reduced, as
outlaws, to the absolute dominion of one man, and the barrier of the Constitution thus
swept away from us all, no rampart now remains against the passions and the powers of a
majority in Congress to protect from a like exportation, or other more grievous
punishment, the minority of the same body, the legislatures, judges, governors, and
counselors of the States, nor their other peaceable inhabitants, who may venture to
reclaim the constitutional rights and liberties of the States and people, or who for other
causes, good or bad, may be obnoxious to the views, or marked by the suspicions of the
President, or be thought dangerous to his or their election, or other interests, public or
personal: that the friendless alien has indeed 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 its prey: that these and successive acts of the same
character, unless arrested at the threshold, necessarily drive these States into revolution
and blood, and will furnish new calumnies against republican government, and new
pretexts for those who wish it to be believed that man cannot 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 jealousy
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 destroying those
limits. Let him say what the government is, if it be not a tyranny, which the men of our
choice have conferred on our President, and the President of our choice has assented to,
and accepted over the friendly strangers to whom the mild spirit of our country and its
laws have pledged hospitality and protection: that the men of our choice have more
respected the bare suspicions of the President, than the solid right of innocence, the
claims of justification, the sacred force of truth, and the forms and substance of law and
justice. In questions of power, then, let no more be heard of confidence in man, but bind
him down from mischief by the chains of the Constitution. That this commonwealth
does therefore call on its co-States for an expression of their sentiments on the acts
concerning aliens, and for the punishment of certain crimes herein before specified,
plainly declaring whether these acts are or are not authorized by the federal compact.
And it doubts not that their sense will be so announced as to prove their attachment
unaltered to limited government, whether general or particular. And that the rights and
liberties of their co-States will be exposed to no dangers by remaining embarked in a
common bottom with their own. That they will concur with this commonwealth in
considering the said acts as so palpably against the Constitution as to amount to an
undisguised declaration that that compact is not meant to be the measure of the powers of
the General Government, but that it will proceed in the exercise over these States, of all
powers whatsoever: that they will view this as seizing the rights of the States, and
consolidating them in the hands of the General Government, with a power assumed to
bind the States, (not merely as the cases made federal, (casus foederis,) but in all cases
whatsoever, by laws made, not with their consent, but by others against their consent:
that this would be to surrender the form of government we have chosen, and live under
one deriving its powers from its own will, and not from our authority; and that the
co-States, recurring to their natural right in cases not made federal, will concur in
declaring these acts void, and of no force, and will each take measures of its own for
providing that neither these acts, nor any others of the General Government not plainly
and intentionally authorized by the Constitution, shall be exercised within their
respective territories.
9. Resolved, That the said committee be authorized to communicate by writing or personal conferences, at any times or places whatever, with any person or persons who may be appointed by any one or more co-States to correspond or confer with them; and that they lay their proceedings before the next session of Assembly.