CHAPTER LXXXVII.

VIRGINIA RESOLUTIONS OF '98-'99--DISABUSED OF THEIR SOUTH CAROLINA

INTERPRETATION--1. UPON THEIR OWN WORDS--2. UPON CONTEMPORANEOUS

INTERPRETATION.

The debate in the Senate, in 1830, on Mr. Foot's resolutions,

has been regarded as the dawn of those ideas which, three years

later, under the name of "nullification," but with the character

and bearing the seeds of disorganization and civil war, agitated

and endangered the Union. In that debate, Mr. Hayne, as heretofore

stated, quoted the third clause of the Virginia resolutions of

1798, as the extent of the doctrines he intended to avow. Though

Mr. Webster, at the time, gave a different and more portentous

interpretation to Mr. Hayne's course of argument, I did not believe

that Mr. Hayne purposed to use those resolutions to any other effect

than that intended by their authors and adopters; and they, I well

knew, never supposed any right in a State of the Union, of its

own motion, to annul an act of Congress, or resist its operation.

Soon after the discussion of 1830, however, nullification assumed

its name, with a clear annunciation of its purpose, namely, to

maintain an inherent right in a State to annul the acts of the

federal government, and resist their operation, in any case in which

the State might judge an act of Congress to exceed the limits of

the constitution. And to support this disorganizing doctrine, the

resolutions of 1798, were boldly and perseveringly appealed to, and

attempted to be wrested from their real intent. Nor is this effort

yet abandoned; nor can we expect it to be whilst nullification still

exists, either avowed or covert. The illustrious authorship of the

Resolutions of 1798; the character and reputation of the legislators

who adopted them; their general acceptance by the republican party,

the influence they exercised, not only on questions of the day,

but on the fate of parties, and in shaping the government itself,

all combine to give them importance, and a high place in public

esteem; and would go far to persuade the country that nullification

was right, if _they_ were nullification. In connection, therefore,

with the period and events in which nullification had its rise, the

necessity is imposed of an examination into the scope and objects of

those resolutions; and the same reasons that have made, and make,

the partisans of nullification so urgent to identify their fallacies

with the resolutions, must make every patriot solicitous for the

_vindication_ of them and their author and adopters from any such

affinity.

Fortunately, the material is at hand, and abundant. The resolutions

are vindicated on their text alone; and contemporaneous

authentic interpretation, and the reiterated, earnest--even

indignant--disclaimers of the illustrious author himself, utterly

repudiate the intent that nullification attempts to impute to them.

I propose, therefore, to treat them in these three aspects:

I. _Vindicated on their text._

The clause of the resolutions, chiefly relied on as countenancing

nullification, is the third resolution of the series, and is as

follows:

"That this assembly doth explicitly and peremptorily declare

that it views the powers of the federal government, as resulting

from the compact, to which the States are parties, as limited

by the plain sense and intention of the instrument constituting

that compact; and that, in case of a deliberate, palpable,

and dangerous exercise of other powers not granted by the

said compact, the States, who are the parties thereto, have

the right, and are in duty bound, to interpose for arresting

the progress of the evil, and for maintaining, within their

respective limits, the authorities, rights, and liberties

appertaining to them."

The right and duty of interposition is certainly here claimed for

the States, in case of a "deliberate, palpable, and dangerous

assumption of powers, by the federal government;" but, looking

alone to the words of the text, it is an unreasonable inference,

that forcible or nullifying interposition is meant. The word does

not import resistance, but rather the contrary; and can only be

understood in a hostile sense, when the connection in which it

is used necessarily implies force. Such is not the case in this

resolution; and no one has a right to suppose that, if its authors

had intended to assert a principle of such transcendent importance,

as that the States were severally possessed of the right to annul

an act of Congress, and resist its execution, they would not have

used words to declare that meaning explicitly, or, that they would

intimate covertly a doctrine they dared not avow.

The constitution itself suggests several modes of interposition,

competent for either the States or the people. It provides for the

election (by a mixed system, popular and State), at brief intervals,

of all the functionaries of the federal government; and hence,

the interposition of the will of the States and people to effect

a change of rulers; hence, of policy. It provides that freedom of

speech and the press, shall not be abridged, which is equivalent to

a provision that those powerful means be perpetually interposed to

affect the public conscience and sentiment--to counsel and alarm

the public servants; to influence public policy--to restrain and

remedy government abuses. It recognizes the right, and provides that

it shall not be abridged, of the people "to assemble and petition

the government for the redress of grievances;" hence, contemplating

that there may be grievances on the part of the government, and

suggesting a means of meeting and overcoming them. Finally, it

provides that, on the application of a designated proportion of

the States, Congress shall cause a convention to be called, to

provide, in the constitution itself, should it be judged necessary,

additional securities to the States and the people, and additional

restraints on the government.

To act on the sentiments of the country then; to bring to their aid

the potent engines of the press and public harangues; to move the

people to petition and remonstrance against the obnoxious measures;

to draw the attention of other States to the abuses complained

of, and to the latitudinous construction the federal authorities

were giving to their powers; and thus bring those States, in like

manner, to act on their senators and representatives, and on the

public voice, so as to produce an immediate remedy, or to co-operate

in calling a convention to provide further securities--one or

both; these alone are the modes of "interposition" the Virginia

resolutions of 1798 contemplated; all they professed; all they

attempted; all that the resolutions, or their history, warrant to

be imputed to them. These modes of interposition are all consistent

with peace and order; with obedience to the laws, and respect

to the lawful authorities; the very means, as was well argued

by the supporters of the resolutions, to prevent civil strife,

insubordination, or revolution; in all respects, the antipodes of

nullification.

To enlarge somewhat on the force of the words of the resolutions:

The right and duty of "the States" to interpose, certainly does

not mean the right of "a State" to nullify and set at nought. The

States--less than the whole number--have a right to interpose,

secured, as already shown, in the constitution; and this, not only

persuasively, but peremptorily; to compel the action they may

desire; and it is demonstrable, that it was this constitutional

provision that the Virginia legislature had in mind, as a last

resort. The resolutions do not speak any where of the right of a

State; but use the plural number, States. Virginia exercises the

right that pertains to a State--all the right that, in the premises,

she pretends to--in passing the resolutions, declaring her views,

and inviting the like action of her co-States. Instead, therefore,

of the resolutions being identical with nullification, the two

doctrines are not merely hostile, but exactly opposites; the sum of

the Virginia doctrine being, that it belongs to a State to take,

as Virginia does in this instance, the initiative in impeaching

any objectionable action of the federal government, and to ask

her co-States to co-operate in procuring the repeal of a law, a

change of policy, or an amendment of the constitution--according

as one or the other, or all, may be required to remedy the evil

complained of; whereas, nullification claims, that a single State

may, of its own motion, nullify any act of the federal government it

objects to, and stay its operation, until three fourths of all the

States come to the aid of the national authority, and re-enact the

nullified measure. One submits to the law, till a majority repeal

it, or a convention provides a constitutional remedy for it; the

other undertakes to annul the law, and suspend its operation, so

long as three fourths of the States are not brought into active

co-operation to declare it valid. The resolutions maintain the

government in all its functions, only seeking to call into use the

particular function of repeal or amendment: nullification would

stop the functions of government, and arrest laws indefinitely;

and is incapable of being brought to actual experiment, in a

single instance, without a subversion of authority, or civil war.

To this essential, radical, antagonistic degree do the Virginia

resolutions and the doctrine of nullification differ, one from the

other; and thus unjustly are the Virginia republicans, of 1798,

accused of planting the seeds of dissolution--a "deadly poison,"

as Mr. Madison, himself, emphatically calls the doctrine of

nullification--in the institutions they had so labored to construct.

II. _Upon their contemporaneous interpretation._

The contemporaneous construction of the resolutions is found in the

debates on their adoption; in the responses to them of other State

legislatures; and in the confirmatory report prepared by the same

author, and adopted by the Virginia general assembly, in January,

1800; and by the conduct of the State, in the case of Callender.

And it is remarkable (when we consider the uses to which the

resolutions have subsequently been turned), that, while the friends

of the resolutions nowhere claim more than a declaratory right for

the legislature, and deny all idea of force or resistance, their

adversaries, in the heat of debate, nor the States which manifested

the utmost bitterness in their responses, have not attributed to

the resolutions any doctrine like that of nullification. Both

in the debates and in the State responses, the opponents of the

resolutions denounce them as inflamatory, and "tending" to produce

insubordination, and whatever other evil could then be thought of,

concerning them; but no one attributes to them the absurdity of

claiming for the State a right to arrest, of its own motion, the

operation of the acts of Congress.

The principal speakers, in the Virginia legislature, in opposition

to the resolutions, were: Mr. George Keith Taylor, Mr. Magill, Mr.

Brooke, Mr. Cowan, Gen. Henry Lee, and Mr. Cureton. Nearly the whole

debate turned, not on the abstract propriety or expediency of such

resolutions, on the question whether the acts of Congress, which

were specially complained of, were, in fact, unconstitutional.

It was admitted, indeed, by Gen. Lee, who spoke elaborately and

argumentatively against the resolutions, that, if the acts were

unconstitutional, it was "proper to interfere;" but the extreme

notions of the powers of the federal government that then prevailed

in the federal party, led them to contend that those powers extended

to the acts in question, though, at this day, they are universally

acknowledged to be out of the pale of federal legislation.

Beyond the discussion of this point, and one or two others not

pertinent to the present matter, the speakers dwelt only on the

supposed "tendency" of such declarations to excite the people to

insubordination and non-submission to the law.

Mr. George K. Taylor complained at the commencement of his speech,

that the resolutions "contained a declaration, not of opinion, but

of fact;" and he apprehended that "the consequences of pursuing the

advice of the resolutions would be insurrection, confusion, and

anarchy;" but the legal effect and character that he attributed to

the resolutions, is shown in his concluding sentence, as follows:

"The members of that Congress which had passed those laws, had

been, so far as he could understand, since generally re-elected;

therefore he thought the people of the United States had decided

in favor of their constitutionality, and that such an attempt

as they were then making to induce Congress to repeal the laws

would be nugatory."

Mr. Brooke thought resolutions "declaring laws which had been made

by the government of the United States to be unconstitutional, null

and void," were "dangerous and improper;" that they had a "tendency

to inflame the public mind;" to lessen the confidence that ought to

subsist between the representatives of the people in the general

government and their constituents; and to "sap the very foundations

of the government, by producing resistance to its laws." But that

he did not apprehend the resolutions to be, or to intend, any thing

beyond an expression of sentiment, is evident from his further

declaration, that he was opposed to the resolutions, and equally

opposed to any modification of them, that should be "intended as

an expression of the general sentiment on the subject, because he

conceived it to be an improper mode by which to express the wishes

of the people of the State on the subject."

General Lee thought the alien and sedition laws "not

unconstitutional;" but if they were unconstitutional he "admitted

the right of interposition on the part of the general assembly."

But he thought these resolutions showed "indecorum and hostility,"

and were "not the likeliest way to obtain a repeal of the laws."

He "suspected," in fact, that "the repeal of the laws was not

the leading point in view," but that they "covered" the objects

of "promotion of disunion and separation of the States." The

resolutions "struck him as recommending resistance. They declared

the laws null and void. Our citizens thus thinking would disobey the

laws." His plan would be, if he thought the laws unconstitutional,

to let the people petition, or that the legislature come forward at

once, "with a proposition for amending the doubtful parts of the

constitution;" or with a "respectful or friendly memorial, urging

Congress to repeal the laws." But he "admitted" the only right

which the resolutions assert for the State, namely, the right "to

interpose." The remarks of the other opponents to the resolutions

were to the same effect.

On behalf of the resolutions, the principal speakers were, Mr.

John Taylor, of Caroline, who had introduced them, Mr. Ruffin, Mr.

Mercer, Mr. Pope, Mr. Foushee, Mr. Daniel, Mr. Peter Johnston, Mr.

Giles, Mr. James Barbour.

They obviated the objection of the speakers on the other side,

that the resolutions "contained a declaration, not of opinion,

but of fact," by striking out the words which, in the original

draft, declared the acts in question to be "null, void, and of

no force or effect;" so as to make it manifest, as the advocates

of the resolutions maintained, that they intended nothing beyond

an expression of sentiment. They obviated another objection

which appeared in the original draft, which asserted the States

_alone_ to be the parties to the constitution, by striking out

the word "alone." They thoroughly and successfully combated both

the "suspicion" that they hid any ulterior object of dissension

or disunion, and the "apprehension" that the resolutions would

encourage insubordination among the people. They acceded to

and affirmed, that their object was to obtain a repeal of the

offensive measures, that the resolutions might ultimately lead to

a convention for amending the constitution, and that they were

intended both to express and to affect public opinion; but nothing

more.

Says Mr. Taylor, of Caroline:

"If Congress should, as was certainly possible, legislate

unconstitutionally, it was evident that in theory they have

done wrong, and it only remained to consider whether the

constitution is so defective as to have established limitations

and reservations, without the means of enforcing them, in a

mode by which they could be made practically useful. Suppose

a clashing of opinion should exist between Congress and the

States, respecting the true limits of their constitutional

territories, it was easy to see, that if the right of decision

had been vested in either party, that party, deciding in the

spirit of party, would inevitably have swallowed up the other.

The constitution must not only have foreseen the possibility of

such a clashing, but also the consequence of a preference on

either side as to its construction. And out of this foresight

most have arisen the fifth article, by which two thirds of

Congress may call upon the States for an explanation of any

such controversy as the present; and thus correct an erroneous

construction of its own acts by a minority of the States, whilst

two thirds of the States are also allowed to compel Congress to

call a convention, in case so many should think an amendment

necessary for the purpose of checking the unconstitutional acts

of that body.... Congress is the creature of the States and the

people; but neither the States nor the people are the creatures

of Congress. It would be eminently absurd, that the creature

should exclusively construe the instrument of its own existence;

and therefore this construction was reserved indiscriminately

to one or the other of those powers, of which Congress was the

joint work; namely, to the people whenever a convention was

resorted to, or to the States whenever the operation should be

carried on by three fourths."

"Mr. Taylor then proceeded to apply these observations to

the threats of war, and the apprehension of civil commotion,

'towards which the resolutions were said to have a tendency.'

Are the republicans, said he, possessed of fleets and armies?

If not, to what could they appeal for defence and support?

To nothing, except public opinion. If that should be against

them, they must yield; if for them, did gentlemen mean to say,

that public will should be assailed by force?... And against a

State which was pursuing the only possible and ordinary mode

of ascertaining the opinion of two thirds of the States, by

declaring its own and asking theirs?"

"He observed that the resolutions had been objected to, as

couched in language too strong and offensive; whilst it

had also been said on the same side, that if the laws were

unconstitutional, the people ought to fly to arms and resist

them. To this he replied that he was not surprised to hear

the enemies of the resolutions recommending measures which

were either feeble or rash. Timidity only served to invite a

repetition of injury, whilst an unconstitutional resort to arms

would not only justly exasperate all good men, but invite those

who differed from the friends of the resolutions to the same

appeal, and produce a civil war. Hence, those who wished to

preserve the peace, as well as the constitution, had rejected

both alternatives, and chosen the middle way. They had uttered

what they conceived to be truth, and they had pursued a system

which was only an appeal to public opinion; because that appeal

was warranted by the constitution and by principle."

Mr. Mercer, in reply to Mr. G. K. Taylor, said:

"The gentleman from Prince George had told the committee

that the resolutions were calculated to rouse the people to

resistance, to excite the people of Virginia against the federal

government. Mr. Mercer did not see how such consequences could

result from their adoption. They contained nothing more than

the sentiment which the people in many parts of the State had

expressed, and which had been conveyed to the legislature in

their memorials and resolutions then lying on the table. He

would venture to say that an attention to the resolutions from

the committee would prove that the qualities attempted to be

attached to them by the gentleman could not be found."

"The right of the State government to interfere in the manner

proposed by the resolutions, Mr. Mercer contended was clear to

his mind.... The State believed some of its rights had been

invaded by the late acts of the general government, and proposed

a remedy whereby to obtain a repeal of them. The plan contained

in the resolutions appeared to Mr. Mercer the most advisable.

Force was not thought of by any one.... The States were equally

concerned, as their rights had been equally invaded; and nothing

seemed more likely to produce a temper in Congress for a repeal."

"The object (of the friends of the resolutions), in addressing

the States, is to obtain a similar declaration of opinion, with

respect to several late acts of the general government, ... and

thereby to obtain a repeal."

Mr. Barbour, likewise, in reply to Mr. G. K. Taylor, said:

"The gentleman from Prince George had remarked that those

resolutions invited the people to insurrection and to arms; but,

if he could conceive that the consequences foretold would grow

out of the measure, he would become its bitterest enemy."...

The resolutions were "addressed, not to the people but to the

sister States; praying, in a pacific way, their co-operation, in

arresting the tendency and effect of unconstitutional laws.

"For his part, he was for using no violence. It was the peculiar

blessing of the American people to have redress within their

reach, by constitutional and peaceful means."

On the same point, Mr. Daniel spoke as follows:

"If the other States think, with this, that the laws are

unconstitutional, the laws will be repealed, and the

constitutional question will be settled by this declaration of a

majority of the States."... "If, on the contrary, a sufficient

majority of the States should declare their opinion, that the

constitution gave Congress authority to pass these laws, the

constitutional question would still be settled; but an attempt

might be made so to amend the constitution as to take from

Congress this authority."

And, finally, Mr. Taylor of Caroline, in closing the debate, and

in explanation of his former remarks in respect to calling a

convention, said:

"He would explain, in a few words, what he had before said. That

the plan proposed by the resolutions would not eventuate in war,

but might in a convention. He did not admit, or contemplate,

that a convention would be called. He only said, that if

Congress, upon being addressed to have these laws repealed,

should persist, they might, by a concurrence of three fourths of

the States, be compelled to call a convention."

It is seen, then, by these extracts, that the opposers of the

resolutions did not charge upon them, nor their supporters in any

manner contend for, any principle like that of nullification;

that, on the contrary, the supporters of the resolutions, so far

from the absurd proposition that each State could, for itself,

annul the acts of Congress, and to that extent stop the operation

of the federal government, they did not recognize that power in a

majority of the States, nor even in all the States together, by

any extra-constitutional combination or process, or to annul a law

otherwise than through the prescribed forms of legislative repeal,

or constitutional amendment.

The resolutions were, however, vigorously assailed by the federal

party throughout the Union, especially in the responses of

several of the States; and at the ensuing session of the Virginia

legislature, those State responses were sent to a committee,

who made an elaborate examination of the resolutions, and of

the objections that had been made to them, concluding by a

justification of them in all particulars, and reiterating their

declarations. This report was adopted by the general assembly and is

a part of the contemporaneous and authentic interpretation of the

resolutions. The report says:

"A declaration that proceedings of the federal government are

not warranted by the constitution, is a novelty neither among

the citizens, nor among the legislatures of the States.

"Nor can the declarations of either, whether affirming or

denying the constitutionality of measures of the federal

government, or whether made before or after judicial decisions

thereon, be deemed, in any point of view, an assumption of

the office of judge. The declarations, in such cases, are

expressions of opinion, unaccompanied by any other effect than

what they may produce on opinion, by exciting reflection. The

expositions of the judiciary, on the other hand, are carried

into immediate effect by force."

Again: "In the example given by the State, of declaring

the alien and sedition acts to be unconstitutional, and of

communicating the declaration to other States, no trace of

improper means has appeared. And if the other States had

concurred in making a like declaration, supported too, by the

numerous applications flowing immediately from the people, it

can scarcely be doubted, that these simple means would have been

as sufficient, as they are unexceptionable.

"It is no less certain that other means might have been

employed, which are strictly within the limits of the

constitution. The legislatures of the States might have made

a direct representation to Congress, with a view to obtain

a rescinding of the two offensive acts; or they might have

represented to their respective senators in Congress their wish,

that two-thirds thereof would propose an explanatory amendment

to the constitution; or two-thirds of themselves, if such had

been their option, might, by an application to Congress, have

obtained a convention for the same object.

"These several means, though not equally eligible in themselves,

nor probably to the States, were all constitutionally open for

consideration. And if the general assembly, after declaring the

two acts to be unconstitutional, the first and most obvious

proceeding on the subject, did not undertake to point out to

the other States a choice among the farther measures that

might become necessary and proper, the resource will not be

misconstrued by liberal minds into any culpable imputation."

These extracts are valuable, not only for their positive testimony

that the Resolution of 1798, nor their authors, had ever

contemplated such a doctrine as Nullification; but also for their

precise definition and enumeration of the powers which, in the

premises, were really claimed for the States, by the State-Rights

Republicans of that day. They are all distinctly laid down:

1. By a solemn declaration of opinion, calculated to operate on the

public sentiment, and to induce the co-operation of other States in

like declarations.

2. To make a direct representation to Congress, with a view to

obtain a repeal of the acts complained of.

3. To represent to their respective senators their wish that

two-thirds thereof would propose an explanatory amendment to the

constitution.

4. By the concurrence of two-thirds of the States to cause Congress

to call a convention for the same object.

These are the entire list of the remedial powers suspected, by

the Resolutions of 1798, and their author and adopters, to exist

in the States with reference to federal enactments. Their variant

character from the peremptory arrest of acts of Congress proposed

by nullification, is well illustrated in the comparison made in the

report between expressions of opinion like those of the resolutions,

and the compulsory operation of a judicial process. Supposing,

says the report, "that it belongs to the judiciary of the United

States, and not the State legislatures, to declare the meaning of

the federal constitution," yet the declarations either of a State,

or the people, "whether affirming or denying the constitutionality

of measures of the federal government, or whether made before or

after judicial decisions thereon," cannot "be deemed in any point

of view an assumption of the office of the judge;" because, "the

declarations in such cases are expressions of opinions unaccompanied

with any other effect than what they may produce on opinion, by

exciting reflection;"--whereas, "the expositions of the judiciary

are carried into immediate effect by force."

The Republicans who adopted the Resolutions of 1798, never

contemplated carrying their expositions into effect by force; never

contemplated imparting to them the character of decisions, or

decrees, or the legal determination of a question; or of arresting

by means of them the operation of the acts they condemned. The

worst the enemies of the resolutions undertook to say of them,

was that they were intemperate, and might mislead the people into

disobedience of the laws. This was successfully combated; but had

it been true--had the authors of the resolutions even intended any

thing so base, it would still have been nothing comparable to the

crime of State nullification; of placing the State itself in hostile

array to the federal government. Insubordination of individuals

may usually be overcome by ordinary judicial process, or by the

_posse_ of the county where it occurs; or even if so extensive as

to require the peace-officers to be aided by the military, it is

still but a matter of police, and in our country cannot endanger the

existence of the government. But the array of a _State_ of the Union

against the federal authority, is _war_--a war between powers--both

sovereign in their respective spheres--and that could only terminate

in the destruction of the one, or the subjugation and abasement of

the other.

But neither the one or the other of these crimes was contemplated by

the authors of the Resolutions of 1798. The remedies they claimed a

right to exercise are all pointed out in the constitution itself;

capable of application without disturbing the processes of the

law, or suggesting an idea of insubordination; remedies capable of

saving the liberties of the people and the rights of the States,

and bringing back the federal government to its constitutional

track, without a jar or a check to its machinery; remedies felt to

be sufficient, and by crowning experience soon proven to be so. It

is due to the memory of those men and those times that their acts

should no longer be misconstrued to cover a doctrine synonymous with

disorganization and civil war. The conduct both of the government,

and the people, on the occasion of these resolutions, show how far

they were from any nullifying or insubordinate intention; and this

furnishes us with another convincing proof of the contemporaneous

interpretation of the resolutions. So far (as Mr. Madison justly

says,)[6] was the State of Virginia from countenancing the

nullifying doctrine, that the occasion was viewed as a proper one

for exemplifying its devotion to public order, and acquiescence in

laws which it deemed unconstitutional, while those laws were not

repealed. The language of the Governor of the State (Mr. James

Monroe), in a letter to Mr. Madison, in May and June of 1800, will

attest the principles and feelings which dictated the course pursued

on the occasion, and whether the people understood the resolutions

in any inflammatory or vicious sense.

[6] Selections from the correspondence of Madison, p. 399.

On the 15th May, 1800, Governor Monroe writes to Mr. Madison as

follows:

"Besides, I think there is cause to suspect the sedition law

will be carried into effect in this State at the approaching

federal court, and I ought to be there (Richmond) to aid in

preventing trouble.... I think it possible an idea may be

entertained of opposition, and by means whereof the fair

prospect of the republican party may be overcast. But in this

they are deceived, as certain characters in Richmond and some

neighboring counties are already warned of their danger, so that

an attempt to excite a hot-water insurrection will fail."

And on the 4th of June, 1800, he wrote again, as follows:

"The conduct of the people on this occasion was exemplary, and

does them the highest honor. They seemed aware that the crisis

demanded of them a proof of their respect for law and order,

and resolved to show they were equal to it. I am satisfied a

different conduct was expected from them, for every thing that

could was done to provoke it. It only remains that this business

be closed on the part of the people, as it has been so far

acted; that the judge, after finishing his career, go off in

peace, without experiencing the slightest insult from any one;

and that this will be the case I have no doubt."

Governor Monroe was correct in the supposition that the sedition

law would be carried into effect, at the approaching session of the

federal court, and he was also right in the anticipation that the

people would know how to distinguish between the exercise of means

to procure the repeal of an act, and the exercise of violence to

stop its operation. The act was enforced; was "carried into effect"

in their midst, and a fellow-citizen incarcerated under its odious

provisions, without a suggestion of official or other interference.

Thus we have the contemporaneous interpretation of the resolutions

exemplified and set at rest, by the most powerful of arguments: by

the impressive fact, that when the public indignation was at its

height, subsequent to the resolutions of 1798, and subsequent to the

report of '99, and when both had been universally disseminated and

read, and they had had, with the debates upon them, their entire

influence on the public mind; that at that moment, the act of

Congress against which the resolutions were chiefly aimed, and the

indignation of the community chiefly kindled, was then and there

carried into execution, and that in a form--the unjust deprivation

of a citizen of his liberty--the most obnoxious to a free people,

and the most likely to rouse their opposition; yet quietly and

peaceably done, by the simple, ordinary process of the federal

court. This fact, so creditable to the people of Virginia, is thus

noted in the annual message of Governor Monroe, to the general

assembly, at their next meeting, December, 1800:

"In connection with this subject [of the resolutions] it is

proper to add, that, since your last session, the sedition law,

one of the acts complained of, has been carried into effect in

this commonwealth by the decision of a federal court. I notice

this event, not with a view of censuring or criticising it. The

transaction has gone to the world, and the impartial will judge

of it as it deserves. I notice it for the purpose of remarking

that the decision was executed with the same order and tranquil

submission on the part of the people, as could have been shown

by them on a similar occasion, to any the most necessary,

constitutional and popular acts of the government."

Governor Monroe then adds his official and personal testimony to

the proper intent and character of the proceedings of '98, '9, as

follows:

"The general assembly and the good people of this commonwealth

have acquitted themselves to their own consciences, and to their

brethren in America, in support of a cause which they deem a

national one, by the stand which they made, and the sentiments

they expressed of these acts of the general government; but

they have looked for a change in that respect, to a change in

the public opinion, which ought to be free; not to measures of

violence, discord and disunion, which they abhor."

Thirty Years' View (Vol. 1 of 2) or, A History of the Working of the American Government for Thirty Years, from 1820 to 1850 · 第 87 / 166 章