618654State Documents on Federal Relations — Senate of New York to Virginia and Kentucky.Herman V. Ames
12. Senate of New York to Virginia and Kentucky.[1]
In Senate, March 5, 1799.

Whereas, the people of the United States have established for themselves a free and independent national government: And whereas it is essential to the existence of every government, that it have authority to defend and preserve its constitutional powers inviolate, inasmuch as every infringement thereof tends to its subversion: And whereas the judicial power extends expressly to all cases of law and equity arising under the Constitution and the laws of the United States, whereby the interference of the legislatures of the particular states in those cases is manifestly excluded: And, whereas, our peace, prosperity, and happiness, eminently depend upon the preservation of the Union, in order to which a reasonable confidence in the constituted authorities and chosen representatives of the people is indispensable: And whereas, every measure calculated to weaken that confidence has a tendency to destroy the usefulness of our public functionaries, and to excite jealousies equally hostile to rational liberty, and the principles of a good republican government: And, whereas, the Senate, not perceiving that the rights of the particular states have been violated, nor any unconstitutional powers assumed by the general government, cannot forbear to express the anxiety and regret with which they observe the inflammatory and pernicious sentiments and doctrines which are contained in the resolutions of the legislatures of Virginia and Kentucky—sentiments and doctrines no less repugnant to the Constitution of the United States, and the principles of their union, than destructive to the Federal Government, and unjust to those whom the people have elected to administer it; wherefore,

Resolved, That while the Senate feel themselves constrained to bear unequivocal testimony against such sentiments and doctrines, they deem it a duty no less indispensable, explicitly to declare their incompetency, as a branch of the legislature of this state, to supervise the acts of the General Government.

Resolved, That his excellency, the governor, be, and he is hereby requested to transmit a copy of the foregoing resolution to the executives of the states of Viringia and Kentucky, to the end that the same may be communicated to the legislatures thereof.

[Elliot's Va. and Ky. Res., 13, 14.]
  1. For reply of the House of Representatives, cf. Amer. Hist. Review, v, 248, 249.