CHAPTER IV.

KENTUCKY AND VIRGINIA RESOLUTIONS 88

Jefferson reputed author of Kentucky resolutions--Slight notice taken of Kentucky resolutions--Resolutions are merely the opinion of the legislature passing them--Kentucky resolutions declare the States being united by compact, each has a right to pass on the validity of the laws and doings of government made by the compact--The compact of the Constitution is to leave to the United States judiciary the determination of the validity of all laws and cases. Right of contracting powers to compel performance by a party refusing to keep its contract--Further absurdity of Kentucky resolutions in denying the validity of all punitive laws passed by Congress except for offences mentioned in the Constitution--Virginia’s resolutions fundamentally different--Madison never sanctioned nullification--Resolutions of Virginia--They are: in case of usurpation it is the duty of the States, not a State, to interpose to redress the evil--This not an assertion that States could refuse obedience to the laws--Opposing declarations of other States--Kentucky replied to the resolutions of other States by protest, not by nullification--Virginia’s explanation to counter-resolutions of the other States drawn by Madison--The reply conciliatory--It affirms the Constitution is the compact to which the States are a party--It defines States as meaning people of the States--The right to resist in the last resort is a claim of right of revolution--The right to interpose exists only in usurpation of powers and for the sole purpose of arresting the usurpation--Admitted the judiciary is to decide on all questions submitted to it--The assumption of undelegated powers stated to be dangerous to liberty--Alien and sedition laws declared to be unconstitutional--These resolutions are merely opinions--No objection to sending them to other States--May possibly influence opinion even of the judiciary--The request of Virginia to other States to join her in constitutional ways to maintain their rights not objectionable--Resolutions asserted to be strongest proof of the attachment of Virginia to the Constitution and Union--The resolutions, perhaps partisan, but do not assert the doctrine of nullification--Resolutions before the explanation alarmed Washington and Henry who vigorously attacked them--Henry’s declaration that Virginia owed the same obedience to United States as one of her counties did to her.