History of the United States, Volume 2Andrews, Elisha Benjamin
History
History of the United States, Volume 2
Andrews, Elisha Benjamin
United States -- History
But the Federalists were blind to considerations like these. As Schouler
well remarks: "A sort of photophobia afflicted statesmen, who, allowing
little for the good sense and spirit of Americans, or our geographical
disconnection with France, were crazed with the fear that this Union
might be, like Venice, made over to some European potentate, or chained
in the same galley with Switzerland or Holland, to do the Directory's
bidding. That, besides this unfounded fear, operated the desire of
ultra-Federalists to take revenge upon those presses which had assailed
the British treaty and other pet measures, and abused Federal leaders;
and the determination to entrench themselves in authority by forcibly
disbanding an opposition party which attracted a readier support at the
polls from the oppressed of other countries, no candid writer can at
this day question."
[1798]
It was next the turn of the Republicans to blunder. In November, 1798,
the Kentucky Legislature passed a series of resolutions, drawn up by
John Breckenridge upon a sketch by Jefferson, in effect declaring the
alien and sedition acts not law, but altogether void and of no force. In
December the Virginia Legislature put forth a similar series by Madison,
milder in tone and more cautiously expressed, denouncing those acts as
"palpable and alarming infractions of the Constitution." A year after
their first utterance, the Kentucky law-makers further "resolved that
the several States who formed (the Constitution), 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 color of that instrument, is the rightful remedy."
Virginia again declared it a State's right "to interpose" in such cases.
These resolutions were intended to stir reflection and influence
opinion, and, if possible, elicit a concurrent request to Congress from
the various States to repeal the obnoxious acts. They do not hint at the
use of force. Their execration of the hated laws is none too strong, and
their argument as a whole is masterly and unanswerable. But at least
those of Kentucky suggest, if they do not contain, a doctrine respecting
the Constitution which is untenable and baneful, in kernel the same that
threatened secession in Jackson's time and brought it in Buchanan's. The
State, as such, is not a party to the Constitution. Still less is the
Legislature. Nor is either, but the Supreme Court, the judge whether in
any case the fundamental law has been infringed.
Public-domain text, read in full here on John Shaqi.
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