Alexandria gazette & daily advertiser. [volume] (Alexandria [Va.]) 1817-1822, 1819-05-17

of proceeding was adopted; and by the
convention, by congress, and by the slate
legislatures, the instrument was submitted
to the people. THAT is, to the people OF
the respective states, Tor that is the mode
OF proceeding said to have been recon-
mended by the convention, and to have
been adopted. After noticing that they
assembled in their respective states, the O.
pinion adds: And where else should they
have assembled ? No political dreamer
was ever wild enough to think OF break
ing down the lines which separate the
states, and Of compromising the American
people into one mass.
Yet Ampbyction affects to be controvert-
ing the reasoning of the supreme court when
he says that the convention of our state did
not represent all the people OF the United
States, that "the individuality of the seve-
raj states was still kept up" Disregard
ing altogether the language OF the court, he
ascribes to the judges an opinion which
they "say no political dreamer was ever
wild enough TO think Of"
The next proposition advanced by Am
phyction is that 1.-The President is elected
by persons who are, as to numbers, partly
chosen on the federal principle" and tina.
the senators are chosen by the state legisla-
lures.
If these facts are alleged for the purpose
Of proving thai the powers OF the general
government were delegated by the state
legislatures, ne has not shown US, and |
confess do not perceive, their bearing on
that point If they are alledged to prove
the separate existence Of the states, ne has
very gravely demonstrated what every bo-
DIV knows, and what no body denies. He
would be about as usefully employed in
convincing us that we see with our eyes and
hear with our ears.
The last fact on which the argument OF
Amphyction is founded is, that the consttu-
ton is to be amended by the legislatures
of three fourtbs Of the states, or by conven-
tons Of the same number OF states, in the
manner provided by the 5th article. 1t is
not true that the legislatures OF the states
can of themselves amend the constitution.
They can only decide OH those amendments
which have previously been recommended
to them by Congress. Or they may require
Congress to call convention OF the people
to propose amendments, which shall, at the
discretion of Congress, be submitted to the
state legislatures, or to conventions 10 be
assembled in the respective states.
We're it untrue that the constitution con-
fers on the state legislatures the power OF
making amendments, that would not prove
that this power was delegated to them by
themselves. The amendments would in
deed lie the act of the states, but the origi-
nal would still be the act OF the people.
have now reviewed the first number OF
Amphyctior, and will only add my regrets
that a gentleman whose claims TO our re-
spect appear 10 he by no means inconside-
rable should manifest such excessive host
lily to the powers necessary tor the preser-
walton of the Union, as 10 arraisn with such
bitterness the opinion of the supreme court
on ar interesting constitutional question,
either for doctrines not to be found in it, or
on principles totally repugnant 10 the wor;s
oi,the constitution, and to the recorded facts
respecting lis adoption.
The second error supposed by Amphyc-
ton 10 be contained IN the opinion OF the
supreme court is That the grant of
powers TO Congress which may be neCes-
sary and proper to carry into execution,
the other powers granted 10 them or to "a
ny department OF the government, ought
to he construed in liberal rather than
restricted sense"
For the sake Of accuracy | will observe
that the Supreme Court has not said thai
this gran: ought to be construed in iibe-
la sense although it has certainly de-
MED that 1t ought to be construed IN that
3" restricted sense" for which Ampbyction
contends. lfby the Term " liberal sense"
is INTENDED an extension OF the grant be-
yond the tar and usual import OF the
words, the principle is not TO be found in
the opinion we are examining.
There is certainly medium between
that restricted sense which confines the
meaning OF words to narrower limits than
.ha co.mnnn understanding of the world