Berkeley and Jefferson intelligencer. [volume] (Martinsburg, Va.) 1802-1810, 1805-05-10
From the rerm"nt Journal
LT. ELLNOTt9 his CONSTITUENTS.

LETTER II.

l. CdHG Otlorc congress, on Wnlt n
it became necessary for me to abandon
either my principles or my party, was
the first bill Tor the temporary gnvcrn-
ment OF LoWWan0. b. this hill, all the
military, civil AMI jud'c'Al po" rF>,ex-
ercistd ~ the officers 81 the e>tsIing go-
v-rnment OF that territory, were to be
vested in such person or persons, and
exercised in such d m inner ;s the Pr. sic
dent of the United States should dire ct.
Surely a government ct tins d, scription
must be perfect deepotism and this
indeed, was admitted bv its adj, COATES,
who justified thr measure on the >ound
OF necessity aone. This necessity
could not discover. B the law OF nAti-
ons, the INSTITUTE ms Of tn ceIcI country
would rem lin 10 force until Oh Insrd bv
the legislative power Of the L. States;
and it could he the work Of few DAYS
only to devise some s> stem of Il general
nature, which should be competent to
the temporary government ct the terri-
tory, and At the same tiMe Conson ant to
the republican PRINCIPLES of the Consti-
tutiOn. The union of Legislative, exec
eutlve, judicial, and military powers,
in an individual, was utterly irrrcont~il-
able with the $ brit Of that instrument:
and the delegation Of a power to the Pre-
sldent to appoint supreme governor Of
the tt territory, was repHGaant to it's letter
the Constitution having authorised Com
gress to vest the appointment Of interim
officers Onl Y in the President alone. By
the institutions Of ancient Rome, when
conquest or cession Of country, they
consulted what laws they thought proper
should be prescribed, and sent common-
ly ten Ambassadors, with whose concur
renee the general of the troops in the
conquered or coded country might settle
its concerns. The two first laws which
Congress passed relative to the govern
ment Of L>uis'una, displayed a very sim
gulAr improvement upon the too republic
can system Of the ancient Romans. It
is a subject of pleasure and of pride that
l opposed them; and I am clearly Of
opinion that tn. adoption of similar mea-
sures, by the federllists, while they
held the reins Of power would have been
considered BY the republicans as unques-
tionable evidence of disposition to cree
ate monarchiAl system OF government.
The celebrated alteration 81 the Com
stitution, providing tor distinct desig-
nation Of the e}cctorlaLvotes for Presi-
dent and Vice President, comes nextin
order in the present review. The fol.
lowing letter which | addressed to the
Council and House of Representatives
OF this State unfolds the motives and
views which governed nv eehduetin re-
lAtIon to th.t subject. The council, al
though they had forwarded to me an in-
structlon in the form of a request to vote
IN favour Of the amendment, forbade
their Scc1rtdrt 10 read y fhem ing rrd-
sons far Er9bcying their instructions.
This conofeet NAV have been truly re-
publican, out it will bePro9er, Previous
" to the admission of that point, to exc
anime the constitutional power Of the
State Legislatures to instruct Represent
tAtives or even Senators in Congress,
| with respect to amendments to the Con-
stitutioA. The Constitution has declare
ed that Congress, whenever twothirds
Of both houses shall deem it necessary,
Eshall propose amendments to the consti-
tuition, or On the application of two thirds
of the legislatures of the several States,
shall call convention, &C." Congress
are vested with perfect discretion in
case they may propose amendments
when they deem it necessary, Congress
and the State Legislatures are, constitu-
tionallv, distinct Initiative bodies, as it
respects amendments, each independent
\ of he other. To justify the State Lee
rislarures in instructiny even Senators
TO propose Amendments, the CONSTITUTE
on should be amended so as to read thus
-Coasrrss, Whenever the State Legs
lAturss shall instruct then, to deem 1t ne
c,sS0yu. shall propose AmsAdme nts, &c,