# data[].attributes.attachment_link.readable_text
L.F. Tantillo's Return of the Experiment records the arrival of the Experiment in Albany, New York, after its trip to China. It was only the second American ship to journey to Asia.

No protesting the government? No immigrants allowed in? No freedom of the press. Lawmakers jailed? Is this the story of the Soviet Union during the Cold War?

No. It describes the United States in 1798 after the passage of the Alien and Sedition Acts.

The strong steps that Adams took in response to the French foreign threat also included severe repression of domestic protest. A series of laws known collectively as the Alien and Sedition Acts were passed by the Federalist Congress in 1798 and signed into law by President Adams. These laws included new powers to deport foreigners as well as making it harder for new immigrants to vote. Previously a new immigrant would have to reside in the United States for five years before becoming eligible to vote, but a new law raised this to 14 years.

Charles Willson Peale was one of the great artists of early America. Here, John Adams is captured by Peale's paintbrush.

Clearly, the Federalists saw foreigners as a deep threat to American security. As one Federalist in Congress declared, there was no need to "invite hordes of Wild Irishmen, nor the turbulent and disorderly of all the world, to come here with a basic view to distract our tranquillity." Not coincidentally, non-English ethnic groups had been among the core supporters of the Democratic-Republicans in 1796.

The most controversial of the new laws permitting strong government control over individual actions was the Sedition Act. In essence, this Act prohibited public opposition to the government. Fines and imprisonment could be used against those who "write, print, utter, or publish . . . any false, scandalous and malicious writing" against the government.

Under the terms of this law over 20 Democratic-Republican newspaper editors were arrested and some were imprisoned. The most dramatic victim of the law was Representative Matthew Lyon of Vermont. His letter that criticized President Adams' "unbounded thirst for ridiculous pomp, foolish adulation, and self avarice" caused him to be imprisoned. While Federalists sent Lyon to prison for his opinions, his constituents reelected him to Congress even from his jail cell.

A fight in Congress! This image appeared in Harper's New Monthly Magazine nearly a century after the incident between Lyon and Griswold with the poetic caption: "He in a trice struck Griswold thrice / Upon his head enraged, Sir; / Who seized the tongs to ease his wrongs, / And Griswold thus engaged, Sir."

The Sedition Act clearly violated individual protections under the first amendment of the Constitution; however, the practice of "judicial review," whereby the Supreme Court considers the constitutionality of laws was not yet well developed. Furthermore, the justices were all strong Federalists. As a result, Madison and Jefferson directed their opposition to the new laws to state legislatures. The Virginia and Kentucky legislatures passed resolutions declaring the federal laws invalid within their states. The bold challenge to the federal government offered by this strong states' rights position seemed to point toward imminent armed conflict within the United States.

Enormous changes had occurred in the explosive decade of the 1790s. Federalists in government now viewed the persistence of their party as the equivalent of the survival of the republic. This led them to enact and enforce harsh laws. Madison, who had been the chief architect of a strong central government in the Constitution, now was wary of national authority. He actually helped the Kentucky legislature to reject federal law. By placing states rights above those of the federal government, Kentucky and Virginia had established a precedent that would be used to justify the secession of southern states in the Civil War.

Virginia and Kentucky Resolutions (1798)
These resolutions were passed by the legislatures of Kentucky and Virginia in response to the Alien and Sedition Acts of 1798 and were authored by Thomas Jefferson and James Madison, respectively. The resolutions argued that the federal government had no authority to exercise power not specifically delegated to it in the Constitution.

Report broken link

If you like our content, please share it on social media!

# data[].attributes.attachment_link.title
The Alien and Sedition Acts [ushistory.org]

# data[].attributes.attachment_link.description
L.F. Tantillo's Return of the Experiment records the arrival of the Experiment in Albany, New York, after its trip to China. It was only the second American ship to journey to Asia. No protesting the government? No immigrants allowed in? No freedom of the press. Lawmakers jailed?

# data[].attributes.attachment_link.readable_text
Download a PDF of the Virginia and Kentucky Resolutions
These resolutions were passed by the legislatures of Kentucky and Virginia in response to the Alien and Sedition Acts of 1798 and were authored by Thomas Jefferson and James Madison, respectively. The resolutions argued that the federal government had no authority to exercise power not specifically delegated to it in the Constitution.

The Virginia Resolution, authored by Madison, said that by enacting the Alien and Sedition Acts, Congress was exercising "a power not delegated by the Constitution, but on the contrary, expressly and positively forbidden by one of the amendments thereto; a power, which more than any other, ought to produce universal alarm, because it is leveled against that 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." Madison hoped that other states would register their opposition to the Alien and Sedition Acts as beyond the powers given to Congress.

The Kentucky Resolutions, authored by Jefferson, went further than Madison's Virginia Resolution and asserted that states had the power to nullify unconstitutional federal laws. The Kentucky Resolution declared in part, "[T]he several states who formed that instrument [the Constitution], being sovereign and independent, have the unquestionable right to judge of its infraction; and that a nullification, by those [states], of all unauthorized acts....is the rightful remedy."

The ideas in the Virginia and Kentucky Resolutions became a precursor to John C. Calhoun's arguments about the power of states to nullify federal laws. However, during the nullification controversy of the 1830s, Madison rejected the legitimacy of nullification, and argued that it was not part of the Virginia position in 1798.

The Virginia and Kentucky Resolutions

By James Madison and Thomas Jefferson, respectively

The Virginia Resolution:

RESOLVED, That the General Assembly of Virginia, doth unequivocably express a firm resolution to maintain and defend the Constitution of the United States, and the Constitution of this State, against every aggression either foreign or domestic, and that they will support the government of the United States in all measures warranted by the former.

That this assembly most solemnly declares a warm attachment to the Union of the States, to maintain which it pledges all its powers; and that for this end, it is their duty to watch over and oppose every infraction of those principles which constitute the only basis of that Union, because a faithful observance of them, can alone secure it's existence and the public happiness.

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 the compact; as no further valid that they are authorized by the grants enumerated in 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 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.

That the General Assembly doth also express its deep regret, that a spirit has in sundry instances, been manifested by the federal government, to enlarge its powers by forced constructions of the constitutional charter which defines them; and that implications have appeared of a design to expound certain general phrases (which having been copied from the very limited grant of power, in the former articles of confederation were the less liable to be misconstrued) 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 states by degrees, into one sovereignty, the obvious tendency and inevitable consequence of which would be, to transform the present republican system of the United States, into an absolute, or at best a mixed monarchy.

That the General Assembly doth particularly protest against the palpable and alarming infractions of the Constitution, in the two late cases of the "Alien and Sedition Acts" passed at the last session of Congress; the first of which exercises a power no where delegated to the federal government, and which by uniting legislative and judicial powers to those of executive, subverts the general principles of free government; as well as the particular organization, and positive provisions of the federal constitution; and the other of which acts, exercises in like manner, a power not delegated by the constitution, but on the contrary, expressly and positively forbidden by one of the amendments thererto; a power, which more than any other, ought to produce universal alarm, because it is levelled against that 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, expressly declared, that among other essential rights, "the Liberty of Conscience and of 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 or ambition, having with other states, recommended an amendment for that purpose, which amendment was, in due time, annexed to the Constitution; it would mark a reproachable inconsistency, and criminal degeneracy, if an indifference were now shewn, to the most palpable violation of one of the Rights, thus declared and secured; and to the establishment of a precedent which may be fatal to the other.

That the good people of this commonwealth, having ever felt, and continuing to feel, the most sincere affection for their brethren of the other states; the truest anxiety for establishing and perpetuating the union of all; and the most scrupulous fidelity to that constitution, which is the pledge of mutual friendship, and the instrument of mutual happiness; the General Assembly doth solemenly appeal to the like dispositions of the other states, in confidence that they will concur with this commonwealth in declaring, as it does hereby declare, that the acts aforesaid, are unconstitutional; and that the necessary and proper measures will be taken by each, for co-operating with this state, in maintaining the Authorities, Rights, and Liberties, referred to the States respectively, or to the people.

That the Governor be desired, to transmit a copy of the foregoing Resolutions to the executive authority of each of the other states, with a request that the same may be communicated to the Legislature thereof; and that a copy be furnished to each of the Senators and Representatives representing this state in the Congress of the United States.

Agreed to by the Senate, December 24, 1798.

The Kentucky Resolution:

Resolutions in General Assembly

THE representatives of the good people of this commonwealth in general assembly convened, having maturely considered the answers of sundry states in the Union, to their resolutions passed at the last session, respecting certain unconstitutional laws of Congress, commonly called the alien and sedition laws, would be faithless indeed to themselves, and to those they represent, were they silently to acquiesce in principles and doctrines attempted to be maintained in all those answers, that of Virginia only excepted. To again enter the field of argument, and attempt more fully or forcibly to expose the unconstitutionality of those obnoxious laws, would, it is apprehended be as unnecessary as unavailing.

We cannot however but lament, that in the discussion of those interesting subjects, by sundry of the legislatures of our sister states, unfounded suggestions, and uncandid insinuations, derogatory of the true character and principles of the good people of this commonwealth, have been substituted in place of fair reasoning and sound argument. Our opinions of those alarming measures of the general government, together with our reasons for those opinions, were detailed with decency and with temper, and submitted to the discussion and judgment of our fellow citizens throughout the Union. Whether the decency and temper have been observed in the answers of most of those states who have denied or attempted to obviate the great truths contained in those resolutions, we have now only to submit to a candid world. Faithful to the true principles of the federal union, unconscious of any designs to disturb the harmony of that Union, and anxious only to escape the fangs of despotism, the good people of this commonwealth are regardless of censure or calumniation.

Least however the silence of this commonwealth should be construed into an acquiescence in the doctrines and principles advanced and attempted to be maintained by the said answers, or least those of our fellow citizens throughout the Union, who so widely differ from us on those important subjects, should be deluded by the expectation, that we shall be deterred from what we conceive our duty; or shrink from the principles contained in those resolutions: therefore.

RESOLVED, That this commonwealth considers the federal union, upon the terms and for the purposes specified in the late compact, as conducive to the liberty and happiness of the several states: That it does now unequivocally declare its attachment to the Union, and to that compact, agreeable to its obvious and real intention, and will be among the last to seek its dissolution: That if those who administer the general government be permitted to transgress the limits fixed by that compact, by a total disregard to the special delegations of power therein contained, annihilation of the state governments, and the erection upon their ruins, of a general consolidated government, will be the inevitable consequence: That the principle and construction contended for by sundry of the state legislatures, that the general government is the exclusive judge of the extent of the powers delegated to it, stop nothing short of despotism; since the discretion of those who adminster the government, and not the constitution, would be the measure of their powers: That the several states who formed that instrument, being sovereign and independent, have the unquestionable right to judge of its infraction; and that a nullification, by those sovereignties, of all unauthorized acts done under colour of that instrument, is the rightful remedy: That this commonwealth does upon the most deliberate reconsideration declare, that the said alien and sedition laws, are in their opinion, palpable violations of the said constitution; and however cheerfully it may be disposed to surrender its opinion to a majority of its sister states in matters of ordinary or doubtful policy; yet, in momentous regulations like the present, which so vitally wound the best rights of the citizen, it would consider a silent acquiesecence as highly criminal: That although this commonwealth as a party to the federal compact; will bow to the laws of the Union, yet it does at the same time declare, that it will not now, nor ever hereafter, cease to oppose in a constitutional manner, every attempt from what quarter soever offered, to violate that compact:

AND FINALLY, in order that no pretexts or arguments may be drawn from a supposed acquiescence on the part of this commonwealth in the constitutionality of those laws, and be thereby used as precedents for similar future violations of federal compact; this commonwealth does now enter against them, its SOLEMN PROTEST.

Approved December 3rd, 1799.

# data[].attributes.attachment_link.title
Virginia and Kentucky Resolutions - Bill of Rights Institute

# data[].attributes.attachment_link.description
Virginia and Kentucky Resolutions (1798) Download a PDF of the Virginia and Kentucky Resolutions These resolutions were passed by the legislatures of Kentucky and Virginia in response to the Alien and Sedition Acts of 1798 and were authored by Thomas Jefferson and James Madison, respectively.