THE representatives of the good people of this commonwealth in
general assembly convened, having maturely considered the answers of
sundry states in the Union, to their resolutions passed at the last
session, respecting certain unconstitutional laws of Congress, commonly
called the alien and sedition laws, would be faithless indeed to
themselves, and to those they represent, were they silently to acquiesce
in principles and doctrines attempted to be maintained in all those
answers, that of Virginia only excepted. To again enter the field
of argument, and attempt more fully or forcibly to expose the
unconstitutionality of those obnoxious laws, would, it is apprehended
be as unnecessary as unavailing.
We cannot however but lament, that in the discussion of those
interesting subjects, by sundry of the legislatures of our sister
states, unfounded suggestions, and uncandid insinuations, derogatory
of the true character and principles of the good people of this
commonwealth, have been substituted in place of fair reasoning and
sound argument. Our opinions of those alarming measures of the
general government, together with our reasons for those opinions,
were detailed with decency and with temper, and submitted to the
discussion and judgment of our fellow citizens throughout the Union.
Whether the decency and temper have been observed in the answers of
most of those states who have denied or attempted to obviate the great
truths contained in those resolutions, we have now only to submit to a
candid world. Faithful to the true principles of the federal union,
unconscious of any designs to disturb the harmony of that Union, and
anxious only to escape the fangs of despotism, the good people of this
commonwealth are regardless of censure or calumniation.
Least however the silence of this commonwealth should be
construed into an acquiescence in the doctrines and principles
advanced and attempted to be maintained by the said answers, or
least those of our fellow citizens throughout the Union, who so
widely differ from us on those important subjects, should be deluded
by the expectation, that we shall be deterred from what we conceive
our duty; or shrink from the principles contained in those resolutions:
therefore.
RESOLVED, That this commonwealth considers the federal union,
upon the terms and for the purposes specified in the late compact, as
conducive to the liberty and happiness of the several states: That it
does now unequivocally declare its attachment to the Union, and to that
compact, agreeable to its obvious and real intention, and will be among
the last to seek its dissolution: That if those who administer the
general government be permitted to transgress the limits fixed by that
compact, by a total disregard to the special delegations of power
therein contained, annihilation of the state governments, and the
erection upon their ruins, of a general consolidated government, will
be the inevitable consequence: That the principle and construction
contended for by sundry of the state legislatures, that the general
government is the exclusive judge of the extent of the powers delegated
to it, stop nothing short of despotism; since the discretion of those
who adminster the government, and not the constitution, would be the
measure of their powers: That the several states who formed that
instrument, being sovereign and independent, have the unquestionable
right to judge of its infraction; and that a nullification, by those
sovereignties, of all unauthorized acts done under colour of that
instrument, is the rightful remedy: That this commonwealth does upon
the most deliberate reconsideration declare, that the said alien and
sedition laws, are in their opinion, palpable violations of the said
constitution; and however cheerfully it may be disposed to surrender
its opinion to a majority of its sister states in matters of ordinary
or doubtful policy; yet, in momentous regulations like the present,
which so vitally wound the best rights of the citizen, it would consider
a silent acquiesecence as highly criminal: That although this
commonwealth as a party to the federal compact; will bow to the laws
of the Union, yet it does at the same time declare, that it will not
now, nor ever hereafter, cease to oppose in a constitutional manner,
every attempt from what quarter soever offered, to violate that
compact:
AND FINALLY, in order that no pretexts or arguments may be drawn
from a supposed acquiescence on the part of this commonwealth in
the constitutionality of those laws, and be thereby used as precedents
for similar future violations of federal compact; this commonwealth
does now enter against them, its SOLEMN PROTEST.
Approved December 3rd, 1799.