Evening star. [volume] (Washington, D.C.) 1854-1972, 1956-01-11

Virginia and Kentucky adj
in 1893 as protests against TIN
Alien and Sedition Acts.
To understand the nature Of
the protests. it is necessary te
understand something of the ma
ture of the acts.
Congress, in 1898 made it law.
full for the President to order the
deportation of aliens "he shall
judge dangerous to the peace anc
safety of the United States" Ir
a companion measure. ito write
print. utter or publish any
false, Scandalous and malicious
writings against the Government
of the United States. or either
house of the Congress or the
President. with intent to defame
. . or to bring them, or either
of them, into contempt or dis
repute" was made a crime pun
ishable by up to two years in
prison or a fine up to $4,000.
These acts were passed only
seven years after the States had
ratified the Bill of Rights. the
first 10 amendments to the Con-
stitution. Among those amend
mentS was one which, in part
said: Congress shall make nc
law abridging the freedom
of speech or of the press. -"
Clearly the Alien and Sedi.
ton Acts were not compatible
with the language of the First
Amendment. What to do?
A delegation of Kentucky leg
islators approached Jefferson
then Vice President Of the United
States. Jefferson agreed to draft
a resolution for the Kentucky
Legislature. His only condition
was that his authorship not be
disclosed.
The resolution was adopted BY
the Kentucky Legislature No
vember Is. 1893. 1t said. in part
THAT the government createc
by this compact (the Constitu-
tom was not made the exclusive
or final judge of the extent
of the powers delegated tt
itself, since that would have
made it's discretion. and not the
Constitution, the measure Of it!
powers; but that as in all othel
cases of compact among partie!
having no common judge, each
party has an equal right to judge
for itself, as well of infraction'
as of the mode and measure O.
redress. :"
This commonwealth is deter
mined. as it doubts not its CO.
States are, to submit to undele'
gated and consequently unlimited
powers in no man or body o.
men on EARTH" the Kentuckian
said.
Virginia Resolution
On December 81, 1893, les
than a month after Kentucky
had acted. Virginia's Genera
Assembly, acting on the advic.
of Madison. then a member o
the assembly, resolved:
THAT this assembly both ex
plicity and peremptorily declare
that it views the powers of tn,
Federal Government as resulting
from the compact Cthe Consti
tution), to which the States arr
parties. as limited by the plair
sense and intention of the in
strument constituting that com
pact; and that in case of ;
deliberate, palpable and dan
gerous exercise of other power'
not granted by the said compact
the States who are parties there,
to have the right, and are in duty
bound, to interpose for arrest
ing the progress of the evil, ane
for maintaining. within their re-
spective limits, the authorities
rights and liberties appertaininl
to them"
The effect Of these two resolu'
tons is debatable. 1t is a mat.
ter of record, however, tina
these things happened: Tit
Alien and Sedition Acts con.
tanned a clause for expiration
jefferson. in his first campaign
for the presidency, opposed re-
enactment. jefferson was elected
The acts expired.
whether the interpositior
resolutions as such had an,
direct effect is questionable. OF
the other hand. 1t would seen