The southern press., 1851-10-01
Virginia resolutions Of res.
DRAWN UP BY JAMES MADIsos

|
IN THE VIRGINIA HOUSE OF DELEGATES.
Friday, December 81, 1898.
/ Resolved, That the general assembly of Vir
ginia doth unequivocally express firm resolu
ton to maintain and defend the Constitution o
the United States, and the constitution OF thi'
State, against every aggression, either foreign o.
domestic and that they will support the gov
eminent of the United States in all measures
warranted by the former
That this assembly most solemnly declares q
warm attachment to the Union Of the States, to
MAINTAIN which, it pledges its powers; and that
for this end, it is their duty to watch over and
oppose every iniuction of those principles which
constitute the only basis of that Union, because
faithful observance of them can alone secure
its existence and the public happiness
Tfat this assembly doth EXPLICITLY and Pc
remptorily declare that It views the powers OF
the federal government as resulting from the
compact tn which the States are parties, as lin
tied by the plain sense and intention Of the in
strument constituting that compact, as no far
ther valid than they aye authorized by the grants
enumerated in that compact; and that in case
Of a deliberate, palpable, and dangerous exer.
else of other powers, not granted by the said
compact, the States, who are parties thereto,
have the rig i, and are in DUTY BOUND, to inter.
pose, for arresting the progress OF the evil, and
for maintaining within their respective limits, the
authorities, rights, and liberties, appertaining to
them.
That the general assembly doth alsc express
its deep regret that u spirit has, in sundry in
stances, been manifested by the federal govern
ment, to enlarge its powers by forced construc-
tons of the constitutional charter which defines
them; and that indications have appeared of a
design to expound certain general phrases,
(Which, having been copied from the very limited
| grant of powers in the former articles OF con-
| federation, were the less liable to be mscon-
strued,) so as to destroy the meaning and effect
| of the particular enumeration which necessarily
explains and limits the general phrases, and so
as to consolidate The S.ates, by degrees, INTO one
sovereignty, the Obvious tendency and ineritable
result of ichich aoouM be 10 transform The present
republican system Of The United Stales 'nlo an
absolute, or at best, a mired monarchy. =.
That the general assembly doth particularly
protest against the papable and alarming infrac-
tons of the Constitution in the two late cases
of the ALLEN ana Sedtion acts" passed at the
last session of Congress-; the first of which ex-
ercises a power nowhere delegated to the federal
government, end which, by uniting legislative
| and judicial powers to thoseDf Executi'e. sub
verts the general principles of free government,
as well as the particular organization and posi-
tive provisions of the federal Constitution; and
The other Of which acts exercises, in like man
ner power not delegated by the Constitution,
bnt on the contrary, expressly and positively
{ Ridden by one Of the amendments thereto; .
power which, more than any other, ought to pro.
duce universal alarm because it is eveied against
the right of freely examining public characters
| and measures, and of free communication among
the people thereon, which has ever been justly
deemed the only effectual guardian OF every
other right
That this State having, by its Convention
which ratified the federal Constitution, ex-
pressly declared that. among other essential
rigits, "the liberty of conscience and the press
cannot be cancelled abridged, restrained, or
modified, by any authority Of the United States,
and from its extreme anxiety to guard these
rights from every possible attack of sophistry
! and ambition, having, with other States, recon-
Ineaded an amendment for that purpose, which
amendment vRs, in due time, annexed 10 the
Constitution, it would mark repro chfu incon
sistency, and criminal degeneraay, Il an indif-
fsrsnee were now shown 20 the most paipable
| violation of one of the rights TINS declared and
secured and to the establishment OF precedent
which may be fatal to the other.
| lnat the gOOO peOpie Oh tnis toulbfbhSFH'b'
having ever felt, and continuing TO feet, Inc
most sincere affection for the brethren OF the
other States; the truest anxiety for establishing
and peypetuating the union Of all 4; and the most
scrupulous sdelity to that Constitution which is
the pl.dge Of mutual friendship and the nstru
ment Of mutual happiness, Tie general as.
sembly doth soiemnly appeal to the like dispo-
si,ions in the othsr States, in confidence that
they will concur with this commonwealth in
declaring, rs it does hereby declare. that the
acts aforesaid are UNCONSTITUTIONAL aud that
the necessary and proper measures will be taken
by each for cooperating with this State in
maintaining unmpaired the authorities. rights,
A. liberties, reserved 10 the States respectively,
or to toe people.
That the governor be desired to transmit a
copy Of the foregoing resolutions TO the execu.
tive authority Of each 81 ibe other States, with
a request. that the same may DE communicated
to the legislature thereof; and that q copy be
furnished 10 each Of the senator's ard represen-
tatives representing this State in the Congress
Of the United = ates.
hucS, JOHN STEWART.
1888, December 18th, Agreed TO by the Sen
ate. il. BROOKE.
A trne copy from the original deposited In the
Office Of the general assembly.
JOHN STEWART.
.. Keeper Of the Rolls.