The enquirer. [volume] (Richmond, Va.) 1804-1815, 1806-01-28
TO THE EDITOR OF TIE ENQUIRER.
ITO be continued. J

|
| SIR,
propohton has been !ubmitted BY the Legislature
OF Kentucky, to the feveral Legislatures in the union,
to amend the contribution of the United States by de-
privng the federal judiciary of the power to decide
L. controversies between citizens Of the fame aate,
e'amin lands under grantsfrom erent Nates: con-
f"verhes between citizens of different hates, and 8.
controversies between citizens of fate and citizens
or iuhJscts of foreign rate. They have alto in
ru Ned their fenators and Representatives in conpres
10 u'e their he.t endeavors to procure his amend
nl"nt The refolution containing this inllru ion was
adopted in Dec lSo4 bur i, does not appear that a.
ny propo',on has been laid before congres upon the
iuojed aeleaa, cannot learn that any fuch propo-
ilti"n has been made The queition is however, now
before the general a1emby of this commonwealth,
and will be diicufed, it is fahl on Tuefday next
a deciiion at this time, CONTEND is premature and
highly enibarrang, and the principle on which the
amendment is founded is not correa
! The queltion before the legislature of VIRGINIA
WIZ DC, whether they will concur with the Legislature
Of Kentucky in the contemplated amendment Be-
tore this queaon is decided, the friend. of the mea.
lure there be any, ought look forward to the con-
iequenees, which their concurrence will produce
The itate 1t is prefumed will be completely pledged
to cooperate with Kentucky in procuring the a.
| merdmsnt."
There are two modes Of affecting contributions, a.
|
eongrefs deem an amendment ncceiIary, they are en-
powered to propoe it. TO the feveral fate Legislatures
| Tor their appreciation. This appreciation when ex-
preed by the Legislatures Of three fourths Of the aes
makes the Propofed amendment part of the federal
| eonhitusion This mode was purfned by congrefs on
the 9Th March, 1889, when twelve additional arti-
Giles were adopted by that body which were after
wards ratified by the Legislatures of perhaps all the
| Rates IN the union. This mode alto puriued by
the nare of Mal1achuetts from which the propoiiti-
on to prevent ltates from being ued originally came
The opinions and wifhes of that ate were communi-
Gated to eongre and gave rife to their refouton on
this iuoJeet in December, 1898. The alteration in
the iytem OF presidential elections ALTO effeaed
oy means OF propoii,ion addrefIed by congrefs TO
the fates.
IL was apprehended, however, by thofe who form
ed the contribution that in the coure OF time amend
nents might be defired by the Fate legislatures in
thoe articles to which congres might be moi attach
ed and that from congres, therefore, proportion
to amend could not be expected. To guard aqanit
this evil, fecond mode of procuring amendments is
provided On the application of the legislatures OF
two thirds OF the feveral ates congrefs muH call
eoHT'enoH for pr0pgfng a7einenfs which amendments
are valid when ratified by the Legislature of three
iour'hs OF the everal aes by conventions in three
ourths thereof as the the other mode of ra;i-
hcation may be propofed by congrefs.
Between thefe two conttutonal modes Of procur.
ing amendments, the difference in point of convent
ence and exPence in favor of the rt is 70 great tina,
he latter ought never to be reforted to- however de-
dehrable the propoed amendment may be, until the
former has bees tried, and tried in vain.
When the hrit mode is purified that is, when the
proportion to amend comes from, Congrefs, the fub
ect is dicuiicd in the preence of the nation at large
the public mind is Enlightened, and the members Of
the ievera ftate legislatures prepared for deci-
hon with every aid, which their own reflections the
arguments OF their colleagues and the debates of the
national council can afford In addition to this the ex
pence precely the fame il Congrei the fate le
g'iatures had been employed during the fame time in
the performance of their ordinary duties
But if no proportion COMES from Congrefs. &, t,vo
thirds OF the legislatures of the fevera ates hall con-
cur III the amendment propofed by Kentucky they
mutt II they are confident, unite with char ftate in
an application to Congres to call eonvesfaa for 9yo
p9jfng amendment. Ihe(c amendments mutt be ,f
forwards ratified by the Legislatures of three. ourths
OF the everal Rates, or by conventions in the faes
respectively, 1t it hau be the plealure Of Congrecs to
Preierbe ratification by conventions rather than nv
the leg'!l'ures, which have already expreiIed their
opinions on the fubjea to be fnbmitted to them.
10 this plan the objec tions feem to me to he Of
great force. The expence of a general convention
WIZ be heavy burrhen upon the finances of che
United States, which nun be Eniib,y felt NOT only
becauie of its own weight, but became omr wan,
notwithstanding the amount of our revenue. and ,he
great ability with which it smanaged are fullyequa
to our relources.
The expence of convention in each late, would
be enormous and in the lae OF Virginia particularly
wohid be productive of the mott ferrous mitchell
Our expenditure this time it is C,id. exceeds nv
ievera' 'houfand dollarsthe amount of our aaua re-
venue and OF courle the fun required by conyen.
ton could only be procured by an augmentation of
the taxes greater than that propoed by the commit
tee of finance
ii IT be laid tina, thefeevs need not be apprehended
oecauie eongreis may propo(e the amendment reeui.
red, nitead Of waiting for an application to call a
convention, the following confederation preients il,
ief 1t IS no. certain that congrefs 4pW propoe the
amendment. The probability is that they will no,
proPoe it. The fenators from Ken,uoky have. nc
doubt acquired full information on this point, and
aicertained that there no chance for iuccef, II
tins be not the cafe, their flence upon the fub.
JN cannot be eay accounted for. I, is probable for
anotaer reaon that congreis will not propofe the a.
mehdment. 1t is'n correct in principle. If then
congress HAIL leave the reponbiity for this n,por
tant innovation upon the States, who chofe to pa.
trone it, the force the objections which have beer
urged Remains entirely undimnillbed.
1t has been already faid that when propo6tion n
amend comes from eongrefs its merits are prey;ou1y
dneuiied before the nation at large. The pubic
mind IS awakened and excited, & the people are nfot
med OF the change contemplated in the contribution
winch they have made. The effect is that the fun.
Il