The United States of America, Part 1: 1783-1830Sparks, Edwin Erle
History
The United States of America, Part 1: 1783-1830
Sparks, Edwin Erle
United States -- History
Browbeaten, as Jefferson explained later, by a bold and overwhelming
majority in Congress, the Republicans resolved to retire from that
field, and to take a stand in their State Legislatures. The legislative,
rather than the executive or judicial branch of the States, represented
the people of the United States dwelling in the various States. The
State Legislatures had sent delegates to form the Constitution, and
the State Legislatures had called the State conventions which adopted
it. In the State Legislatures the true friends of the Union, as the
Jeffersonians called themselves, would endeavour to find an agency for
protection against the unwarranted attack of the National Government.
Four members of Congress at this time actually withdrew, forming a
striking precedent for sixty years later. Although sometimes charged
with planning a forcible resistance to the central power, the
Republicans as a whole contemplated nothing more than concerted action
in resolutions to be adopted by the State Legislatures. "I would not
do anything at this moment," advised Jefferson, who naturally assumed
the leadership, "which should commit us further, but reserve ourselves
to shape our future measures, or no measures, by the events which may
happen."
Selecting North Carolina as a strong Republican State to take the lead,
Jefferson drew up a set of resolutions setting forth the doctrine of
protest. However, chancing to meet some Kentucky politicians visiting
in Virginia, he gave the paper to them. Their State offered advantages
superior to North Carolina for inaugurating the movement. Her history
from infancy had been one continued struggle for political rights.
"Kentucky," said her governor in his message at the opening of the
session of the State Legislature following the passage of the Alien
and Sedition acts, "remote from the contaminating influences of European
politics, is steady to the principles of pure Republicanism and will
ever be the asylum of her persecuted votaries." The customary reply
of the House took the shape of nine lengthy resolutions, rewritten
from the set drawn up by Jefferson. They were adopted by both Houses
of the State Legislature, signed by the governor, and sent as an appeal
to the "co-states in the federal Union." Assuming that the States and
the Union had made a compact whereby the latter had been given certain
limited powers for definite purposes, the remaining powers being
reserved to the States, the resolutions declared that whenever the
General Government assumed undelegated powers, its acts were
unauthoritative, void, and of no force; and that, as in all cases of
compact having no common judge, each party had a right to judge of
infractions and redress. This hypothesis being assumed, the remainder
of the resolutions supports it with arguments, using generally the
ones employed by the opposition speakers in Congress to prove that the
Alien and Sedition laws were unconstitutional.
Public-domain text, read in full here on John Shaqi.
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