Early Governors' Papers

Legislatures, Judges, Governors, & Counsellors of the states, nor their other preaceable inhabitants whomay venture to reclaim the constitutional rights & liberties of the states & people, or who for other causes, good or bad, may be obnoxious to the views or marked by thesuspicionsof thePresident, or be thought dangerous to his or their elections or other interests public or personal: that the friendless alien has indeed been selected as the safest subject of a first experiment : but the citizen will soon follow, or rather has already followed; for, already has a Sedition Act marked him as its [pre?] : that these and successive acts of the same character, unless arrested on the threshold, may tend to drive these states into revolution and blood, and will furnish new calumnies against Republican Governments, and new pretexts for those who wish it to be believed, that man cannot be governed but by a rod of iron : that it would be a dangerous delusion were a confidence in the men of our choice to silence our fears for the safety of our rights: that confidence is every where the parent of despotism : free government is founded in jealousy and not in confidence; it is jealousy and not confidence which prescribes limited Constitutions to bind down those whom we are obliged to trust with power : that our Constitution has accordingly fixed the limits to which and no further our confidence may go ; and let the honest advocate of confidence read the Alien and Sedition Acts, and say if the Constitution has not been wise in fixing limits to the Government it created, and whether we should be wise in destroying those limits? Let him say what the Government is if it be not a tyranny, which the men of our choice have conferred on the President, and the President of our choice has assented to and accepted over the friendly strangers, to whom the mild spirit of our Country and its laws had pledged hospitality and protection : that the men of our choice have more respected the bare suspicious of the President than the solid rights of innocence, the claims of justificaiton, the sacred force of truth, and the forms & substance of law and justice. In questions of power then let no more be heard of confidence in man, but bind him down from mischief the [thec hains] of the Constitution. That this Commonwealth does therefore call on its Co-states for an expression of their sentiments on the acts concerning Aliens, and for the punishment of certain crimes herein before specified, plainly declaring whether these acts are or are not authorised by the Federal Compact? And it doubts not that their sense will be so announced asto prove their attachment unaltered to limited Government, whether general or particular, and that the rights and liberties of their Co-states will be exposed to no dangers by remaining embarked on a common bottom with their own: That they will concur with this Commonwealth in considering the said acts as so palpably against the Constitution as to amount to an undisguised declaration, that the Compact is not meant to the be measure of the powers of the General Government, but that it will proceed in the exercise over these states of all powers whatsoever: That they will view this as seizing the rights of the states and consolidating them in the hands of the General Government with a power assumed to bind the states (not merely in cases made federal) but in all cases whatsoever, by laws made, not with their consent, but by others against their consent: That this would be to surrender the form of Government we have chosen, and to live under one deriving it powers from its own will, and not from our authority ; and that the Co-states recurring to their natural right in cases not made federal, will concur in declaring these acts void and of no force, and will each unite with this Commonwealth in requesting their repeal at the next session of Congress. EDMUND BULLOCK, S.H.R. JOHN CAMPBELL, S.S.P.T. Passed the House of Representatives, Nov. 10th, 1798. Attest, THOMAS TODD, C.H.R. IN SENATE, November 13th, 1798, unanimously concurred in, Attest, B. THRUSTON, Clk. Sen. Approved November 16th 1798. JAMES GARRARD, G. K. BY THE GOVERNOR, HARRY TOULMIN Secretary of State.

Kentucky, 24^th March 1800

Sir

In obedience to the instruc-tions I have received from the le-gislature of this commonwealth, I have the honour of transmitting to your Excellency a copy of sun-dry acts of the General Assembly, and take leave to embrace the oppor-tunity of requesting your Excellency's acceptance of a small tribute of respect to the memory of our late venerable patriot, Gen^l. Wash-ington. I have the honour to be, with the most respectful consideration, your Excellency's most obed.^t ser.^t Harry Toulmin, Sec. of State

Sec. 2. And be it farther enacted that the Governor of this state transmit as soon as the nature of the case will admit of) to the Governor of the State of Georgia and Tenessee, copies of this act, and that he also lay before the next general assem-bly for this state, the report of the com -missioners aforesaid

Sec. 3. And be it farther enacted that the said commissioners shall be entitled to the sum of two dollars each, per day, for their ser: -vices, to be paid by the treasurer, upon the commissioner or commissioners producing the auditor's certificate of the number of days he or they may have been employed in said business. This act shall commence and be in force from its passage.

John Breckenridge Sp. H Rep. W^m McDowell Sp. S. P. T.

Approved 18^th Dec^r 1800 James Garrard G. K. By the Governor, Harry Toulmin Sec^y Secretary's office: to wit, I hereby certify that the above is a faithful transcript from the original roll, depo-sited in this office. Given under my hand and official seal on the 3^d day of January in the year 1801

Harry Toulmin, Sec. of state

I would request your excellency moreover to cause a statement of all costs or expenses in-curred in apprehending, securing and delivering up the said fugitive to be transmitted to me: and have the honour to be, with high con-sideration, Sir

Your most obed^t serv^t James Garrard Governor of the Commonwealth of Kentucky. -

By the Governor

Harry Toulmin Secretary of State.

To His Excellency the Governor of the State of Tennessee