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.

CHAPTER V.

SUPREMACY OF CONSTITUTION MAINTAINED 116

Doctrines of Jefferson’s inaugural--Serious conflict in the
Gideon Olmstead case--Jefferson signed an act authorizing the use
of the army and navy against a State--The United States
jurisdiction enforced against Pennsylvania--Unanimous objection
of legislature of Virginia to taking from the Supreme Court its
exclusive jurisdiction in cases where States were
concerned--Purchase of Louisiana by Jefferson--Josiah Quincy’s
speech a threat of rebellion, not a claim of right of
secession--Sayings and acts of Jefferson opposed to nullification
and secession--Jefferson’s direction that the _Federalist_ should
be the permanent text-book of the University of Virginia--The
submission of New England to the embargo--The Hartford convention
passed no resolves asserting State rights; it proposed amendments
to the Constitution--Supremacy of the government always
maintained.