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
In a comprehensive view of the history of the making of the Union,
these resolutions are of great importance. They form the first note
of individualistic protest against the growing power of the Union. To
them one must look for the first suggestion of the means to be employed.
Unfortunately for this purpose, they are declamatory rather than
constructive. They seek to arouse passion rather than to lay out a
definite line of resistance. The only suggestion of immediate action
is an instruction to the Kentucky Representatives to attempt to secure
the repeal of the encroaching acts at the next session of Congress and
an appeal to the other States to "concur in declaring these acts void
and of no force."
Madison was no doubt in touch with the inception of the Kentucky
Resolutions. To him was given the task of drawing up those to be adopted
in the Virginia Legislature. So critical had the times become that he
had resigned from Congress to accept a seat in his State Legislature.
Although he composed a set of resolutions, as Jefferson had requested,
he thought the proper remedy lay in a convention of delegates from the
States rather than in the State Legislatures. The Constitution had
been formed by a convention and not by the Legislatures. Therefore,
to avoid having the Legislature seem presumptious, he had used only
"general expressions," as he said, in his resolutions. "In case of a
deliberate, palpable and dangerous exercise of other powers not granted
by the said compact, the states, who are parties thereto," said his
resolutions, "have the right and are in duty bound to interpose for
arresting the progress of the evil." Upon this assumption, a protest
was made against the Alien acts, which united unconstitutionally the
legislative and judicial powers to those of the Executive; also against
the Sedition law, which imposed a punishment expressly forbidden by
one of the amendments to the Constitution.
Public-domain text, read in full here on John Shaqi.
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