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


in 1898 as protests against thu
Alien and Sedition Acts.
To understand the nature OF
the protests, it is necessary to
understand something of the ma
ture of the acts.
Congress, in 1893 made it law
full for the President to order the
deportation of aliens "he shall
Judge dangerous to the peace and
safety of the United States" In
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 no
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 l6. 1898. 1t said. in part:
"That the government created
by this compact (the Constitu-
tom was not made the exclusive
or final judge of the extent
of the powers delegated to
itself, since that would have
made it's discretion, and not the
Constitution, the measure OF its
powers; but that as in all other
cases of compact among parties
having no common judge, each
party has an equal right to judge
for itself, as we'll Of infractions
as of the mode and measure of
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 of
men on EARTH" the Kentuckians
said.
Virginia Resolution
On December 81. 1893, less
than a month after Kentucky
had acted. Virginia's General
Assembly, acting on the advice
of Madison. then member OF
the assembly, resolved:
THAT this assembly both ex-
plicity and peremptorily declare
that it views the powers of the
Federal Government as resulting
from the compact (the Consti-
tution), to which the States are
parties. as limited by the plain
sense and intention of the in
strument constituting that COM
pact; and that in case of a
deliberate, palpable and dam
gerous exercise Of other powers
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, and
for maintaining, within their re-
spective limits, the authorities,
rights and liberties appertaining
to them"
The effect of these two resolu-
tons is debatable. 1t is a mat
ter of record, however. that
these things happened: The
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 interposition
resolutions as such had any
direct effect Is questionable. On
tiy other hand. 1t would seem