Jenks' Portland gazette. [volume] (Portland, Me.) 1803-1805, 1804-01-28

the fame principles, mean two thirds of all th
| members of both. There is, acknowledge, fom
eofcWrity, in thu confttu,iopsl uie of The wor.
houle, when either of the two branches Of COZ ref
is deferhed by is-brt the intention aad gen.e a
| well as words are attended to, am forc.bl le.
| to belief that two thirds of all the members o
both houfss. are required to fantfion ptopoiition
tor amendments and tina. this contribution is moi
ccniifent with the wirdom and political Kill Of tn
| convention. The contraction tor which | con
| tend is analogous 10 the caution msnife0 in othe
parts Of the coa(ltntion.-lt vas we'll known TO tn
convention, that Amendments, If Recommended o.
propelled by eop9rels would have aa inpoGng in
husnce viii the Rate jesinaures ard thar ia NJ
poiIble aaance could more evil a,fe from indse e
ted meaues, than in the CAFE If an, md nnents, ow
ing to the mpodbility OF clearly io,eiee;-g thei
| operation ard effeA, on lhe general contributions
iyRem. II was made icquiIi;e therefore to wei
! tor The aniehuenced movement cf two thirds o
tie popular and federative seprefen,ations of tn
! nation Whatever may be our opinion CD III,
point now di!cuded. the Gate Legislatures have |
acon0i.uticnal right to judge Of Il for tkemIeites
! and to determine whether proportion for an 4
mendment 10 prefented to them With tie function re
qured, and II in their opinions, the requiIlte nun
bers have net sgreed to tae propoison, they vii
quad the tonA tusioE, BY refuGng to satfy lSch
rnendmsct. My honorable triad from Eewh amp
hise Mr.. Plunter) has dons f0ch ample lattice L
this pat Of the fubea, as 30 place i out Of iii
FIsach OF my afiaanes, and beyond the need Of any
am convinced. Mr.. Pretident, thar tie amend
meat now under coniiJr Ation could not in th,
Senate, obtain 4 corRitot;onal majority Of ~,
thirds. nor even fmple majority. were Il not FOL
The influence Of inArua;ons. Some gen,ieI,e;
have ingsnhouly flid, that uctil they gave this a
mendment, the prcient particular es ailla.ion, hsi
had not contemplated the sxtens Of its psobaol
elfsa'. end although they epterta;n doubts ye
they were induced BY the iniaruA;ons given them
to make the propoitioo TO the Legislatures, and ie
them cecide for then6lyes.
Whatever ma, or can be laid in favor III intsrue
tons generally. cannot be applicable to this cafe
For the purpofe Of Obtaining amendments TO th,
constitution. eontrefs can OILY pi oPols add the Rat
legasu 20 ratify. The duties are appropriate snt
diaad, and the uninhueneed independent aa 0
bob Feqptte. The legiaa.uses cannct rstify, III
PrcpoiSl is made This fuhjea can Be sldcidlts,
md snforrsd b familiar examples. The houk .
repreledtsti,es sionc can oSiRfnzte 6In Fof iain
revenue. bot il cannot beeorne taw without
concurrence Of the fena'e, Would DOT ire "a
vice And n2ruetion Of the fenate TO the homie, in
tisnatinE our deGre thu. they would originate IN,
iend 70 u TOT concurrence, 1 revenue bill, B
thought improper, indicate and even unconai,u
tiorals The pssadess and the fenate can sppoin
certain officers but they have diainA and appro
pirate agencies ID the appointment. The preiden
can nominate. bat esbnot appoint without ID
aitce and cou1eat Of the iesiate.
But the ienate cannot nominate, DOT could the
advice 70 ihS pseddsnt, TO make nomination, B.
ethics, hinding or proper: The ehat1asr Of til
fsvesal Independents branches Of car soyernsaent
forming eonailutional cheeks upon each other
canaot be exeuplGed more fully, thar ii .h
mode Of producing tmendnents. Ard al inter
ference Of one independent bsdy, 1pon the xppro.
pirate and diAinet duties Of ano,h.r, Gao IN ii
initanes have mort preludicial easa. Cad i
Be Thought then, either proper or contributions
for the tate isg;ilasuies t., ,aiume the power o.
ioftruaing cdngrsfs to propofe 20 them mdaidye
when the poser Of ssopoiing is not only DOT gve1
to them, but gwen sxclldvely to eongrels x,
wesl and wilhas much propricty might congrei
| make Laws r(tempsing to bind the aAte ieeillA
lures 70 sxslys as the icgiGA.ures BY inRru aions
bind congfcH to propcfe. In either cafe, til
check, which for obviou1y wife purpoiss, was IN
PRODUCED into abe contribution, Is totaliy dciiroyed
And We have not as much iecuri,y againa imptop
er amendments. al we Aould have, if the powi
we're ezclaGvsl5 velsd in the Rate legiaAsure.
aad for this obvious reafon, that in this mode o
operation the Responsibility, for the adoption Of al
improper. amendment, is divided and deQroyed
Is the fentns<nt cofre& lir, that We dali be uAi
fable in tending forth shis proportion TO be coniii
cred By the Rate le2la,uresj Il we believe il ough
not to be sasi6edl What would BE Thought ofth
fenate, if they ihould pats bill and fend to tn
houf. Of representatives for concurrence. the pro
Siions OF which they diiliked entirely, and wtkss
Cot to be s0a6lihed And {, . any found d;lthe
ton be made between fneh = pealare, and the on,
now before Us In either cafe. the Gngis an o
the other body would be final and ia either cal
the people at large would be fafer to have bu, on
body in exiaence. TO legilate or make am :ndments