ent, 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 the
parties there-to 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."
In addition to the above resolution, the General Assembly of Virginia
"appealed to the other States, in the confidence that they would concur
with that commonwealth, that the acts aforesaid (the alien and sedition
laws) are unconstitutional, and that the necessary and proper measures
would be taken by each for cooperating with Virginia in maintaining
unimpaired the authorities, rights, and liberties reserved to the States
respectively, or to the people." * * *
But, sir, our authorities do not stop here. The State of Kentucky
responded to Virginia, and on the 10th of November, 1798, adopted those
celebrated resolutions, well known to have been penned by the author of
the Declaration of American Independence. In those resolutions, the
Legislature of Kentucky declare, "that the government created by this
compact was not made the exclusive or final judge of the extent of the
power 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 parties 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." * * *
Sir, at that day the whole country was divided on this very question. It
formed the line of demarcation between the federal and republican
parties; and the great political revolution which then took place turned
upon the very questions involved in these resolutions. That question was
decided by the people, and by that decision the Constitution was, in the
emphatic language of Mr. Jefferson, "saved at its last gasp." I should
suppose, sir, it would require more self-respect than any gentleman here
would be willing to assume, to treat lightly doctrines derived from such
high sources. Resting on authority like this, I will ask, gentlemen,
w
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