Alarmed by this attack on what he termed the freedom of speech and of
the press, Jefferson cast about for some effective form of protest.
Collaborating with John Breckenridge, a member of the Kentucky
Legislature, he prepared a series of resolutions which were adopted by
that body, while Madison, then a member of the Virginia House of
Burgesses, secured the adoption of a set of resolutions of similar
purport which he had drafted. Both sets of resolutions condemned the
Alien and Sedition Acts as unwarranted by the letter of the Constitution
and opposed to its spirit. Both reiterated the current theory of the
Union as a compact to which the States were parties; and both intimated
that, as in all other cases of compact among parties having no common
judge, each party had an equal right to judge for itself, as well of
infractions as of the mode of redress.
The real purport of these Virginia and Kentucky Resolutions has been
much misunderstood. The emphasis should fall not upon the compact
theory, for that was commonly accepted at this time; nor yet upon the
vague remedies suggested by the phrases "nullification" and
"interposition." With these remedies Jefferson and Madison were not
greatly concerned. Protest rather than action was uppermost in their
minds. As Jefferson said to Madison, they proposed to "leave the matter
in such a train as that we may not be committed absolutely to
extremities, and yet may be free to push as far as events will render
prudent." What they desired was such an affirmation of principles as
should rally their followers and arrest the usurpation of power by their
opponents. The fundamental position assumed is that the Federal
Government is one of limited powers and that citizens must look to their
State Governments as bulwarks of their civil liberties, whenever the
express terms of the federal compact are violated. The Federal
Government was not to be allowed to become the judge of its own powers.
By recalling the party to its original position of opposition to the
consolidating tendencies of the Federalists, the resolutions of 1798
served much the same purpose as a modern party platform. In this light,
their ambiguities are not greater nor their political theories more
vague than those of later platforms.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account