and as inconsistent in their principles with the rights of citizens, and the liberty of the press. The Alien act was denounced, as exercising a power not delegated by the constitution; as uniting legislative and judicial functions, with that of the executive; and by this Union as subverting the general principles of free government, and the particular organization and positive provisions of the constitution. It was added, that the Sedition act was open to the same objection, and was expressly forbidden by one of the amendments of the constitution, on which there will be occasion hereafter to comment.[1] At present it does not seem necessary to present more than this general outline, as the measures are not likely to be renewed; and as the doctrines, on which they are maintained, and denounced, are not materially different from those, which have been already considered.[2]
- ↑ The Alien, and Sedition Acts were the immediate cause of the Virginia Resolutions of December, 1798, and of the elaborate vindication of them, in the celebrated Report of the 7th of January, 1800. The learned reader will there find an ample exposition of the whole constitutional objections. See also 4 Jefferson's Correspondence, 23, 27. The reasoning on the other side may be found in the Debates in Congress, at the time of the passage of these acts. It is greatly to be lamented, that there is no authentic collection of all the Debates in congress, in a form, like that of the Parliamentary Debates. See also 4 Elliot's Deb. 251, 252; Debates on the Judiciary, in 1802, Mr. Bayard's Speech, p. 371, 372; Addison's Charges to the Grand Jury, No. 25, p. 270; id. No. 26, p. 280. These charges are commonly bound with Addison's Reports. See also 1 Tuck. Black. Comm. 296 to 300; id. Part 2, App. note 6, p. 11 to 36; Report of Committee of House of Representatives of congress, 25th February, 1799, and Resolve of Kentucky, of 1798, and Resolve of Massachusetts, of 9th and 13th of February, 1799, on the same subject.
- ↑ Mr. Vice President Calhoun, in his letter of the 28th of August, 1832, to Gov. Hamilton, uses the following language. "From the adoption of the constitution we have had but one continued agitation of constitutional questions, embracing some of the most important powers exercised by the government; and yet, in spite of all the ability, and force
