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103] the safety and prosperity of the Union, and that while this Legislature will be ever ready to afford its aid to any State against manifest usurpation or real encroachment upon its rights, it will also yield a reasonable confidence and support to all the departments of the National Government, so long as they continue in the rightful exercise of their constitutional powers.

Eighth. Resolved, That His Excellency the Governor be requested to transmit to the Governors of the several States of the Union, a copy of the foregoing report and resolutions.

47. Virginia on Jurisdiction of the Federal Courts.

February 19, 1821.

State sovereignty was aroused by the series of decisions of the Supreme Court of the United States, rendered during the years 1816–1824, asserting its jurisdiction and maintaining the powers of Congress. Virginia was especially prompt in condemning the principles asserted by the Court. Following the decision in the case of McCulloch v. Maryland (4 Wheaton, 316), in December, 1819, two different sets of resolutions, prefaced by long preambles protesting against the decision in this case, were introduced in the Legislature of Virginia. One of these suggested the procuring of an amendment to the Federal Constitution to establish a tribunal to decide cases in controversy between a State and the Federal Government, composed of representatives of both governments. (Niles, XVII, 310–314, 447.) Although neither of these resolutions were adopted at this time, the feeling of hostility to the Federal Court was further aroused by the case of Cohen v. Virginia, decided in 1821. (6 Wheaton, 264.) The writ issued by Chief Justice Marshall summoning the State authorities to appear before the Court in this case at once led to the renewed consideration of resolutions in the Legislature and to agitation in the press of the State. The report adopted by the House of Delegates, by a vote of 138 to 18, is printed in Niles, XX, 118–124. The resolutions of protest as finally adopted by both branches of the Legislature are given below. The following year resolutions proposing a series of amendments to the Constitution placing limitations upon the power and jurisdiction of the Federal Courts were defeated by a narrow margin in the Virginia House of Delegates. (Niles, XXI, 404.) The most noteworthy of the criticisms directed against these decisions, which appeared in the public press, were a series of articles written by Judge Roane of the Virginia Appellate Court, under the signature of "Algernon Sidney." His articles were published in the Richmond Enquirer in March, 1821. Of these Jefferson wrote: "I confess that they appeared to me to pulverize every word which had been delivered by Judge Marshall." (Letter of June 12, 1823; cf. post.) The correspondence of Jefferson during this period is filled with severe criticism upon the practices and opinions of the Federal