Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1825-12-22
FOR THE ENQUIRER.
COtenp JrdiIeOts ErDOsitiOu.

ron AZ ENS CiRER.
Coiempornseous Exposition.
On arguments POhUs eed, guam ss;ihnsi cam incsnio
'sa;is d" lille e qaa'rs H'ui. lie Au, L. vi.
PopT pie dpr, unl stand term. Thrrri-ht,
S ,s be secured d" i'5"'5e OF which f' |.9'g ~;
Having seen, that all legitimate power, in .he
u tied States, Hows from tie people, that none of
their servants rightluIy exercise pc er except
Il lie granted item; that the power of Designating
tie persons, anti fTing the q Qualifications Of ,ho>,.
who shall appoint tie persons to iii The Offices,
created in Their p,itten constitutions, Is invariAl
exercised by the people themselves in these con.ri
tutions; that her) fore, power of this SORT is ,cth-
heht by them. and cannot TighyiAly bc consider ed
"a Legislative pO,cer: while on tine con'rlry IN.
power to direct the manner OF holding elections
j, peculiarly legislative: having seen, tat power
not given, Ia The United States is retained we
aIe now TO consider:
Whistler according to fair (a) construction
of the of the u. 5 the POI. er to choose
or appoint electors OF the President, ard Vice Pre-
silent, can be .igh.uly exercised by the lagisla-
lures OF the siae>?
Before, however, we enter upon critical exa-
ination of the tuition Itself Ia order 10 sol
this question: ii Is proper 20 observe, that nothing
can be more true than Tie assertion of one of the
most distinguished nen of The age. in which we
live, that :" such is The character OF human ian
guage that no word conveys 10 the mind in all ST.
tuauons, one single definite idea ~ And
the experience oil every da, adclonishes us 80 hat
powerful, and Ingenious minds ,aisin as posfu-
late that the legislatures OF the states have IL IN
appoint electors oil tue Presided and Vice p! esi-
dent Of the Unied STATES and that this power must
be retained by them, II aay pO7sIsie construction
wi! retain il, - may by course OF well digested,
bat refined, and iuStapy steal reasoning explain -
way tie rights OF the people, uad ia the le-
gisaiures all those Important powers reserved 10
the eopie, not ouly ON tie nature OF al! our co.,
81 tltops in the United States, bat By the * and
X amendments to this constitution for Le In ted
Sts'es, - they may 80 ehtaug!e, AID peipeX the
understanding as to obscure principles which y ere
before ,hDl ht qr plain and induce 10 ibts where.
il he mind were 10 pursue rs Own course. none
w3ulI be perceived. Ii such case i. H. peel IL
ari .ece,slry 10 cecHr % sIte, AMI un..au.e. 81.
principles, and when sustained 10 make then the
test Of The arguments to be examined" CD
The tluc'ust!OnS 10 which The ucJuilg OF words
ae antly subject IRON causes 3sialls ieemr,.
purely accidental, IRE gui,riy curious. ma no.
only lose their original meaning, hIt gc9a,rc oae
Exactly OPP she Nhe. 10 lhi, iutGfGl tendency
TO change, add, tia which result. .i,m ar.!hc-
and fraud; N order thoroughly TO comprehend thr
tr,Gs meaning OF any wrueA instrument, i is plain.
we mgs transport ourselves 10 'hc times gCacll Il
written, 20 ascertain tue me,pjne oFrei q,
tie words, hy fhose lUho then used tnr.u Fni- is
enjoined BY reason, and authority entitled 10 gre
respect.
know that las been SAIL, and is now said,
thai As TO IouDtl passages in The Constitution
Of tue United > te., these ulst he decided ~ lie
instrument i-ef 1t was a coDst mt. ana in . ana
bic xim hat every deed, ever Law. every writ
ten instrument Of any sUfi, wa. to be- JUDGED Of lrd
explained Gy ltsei aud not b. occurrence T. other
mate. This was the universal p-ac.Ite o, lie
courts Of IrJo, who whel called o. O expoutt
act OF he iegIs.d ire, never re,or Cd 80 Inc oe
bates which preceded it, 10 ne opinions oil mem
befs about liz siEnIhco ION, Lut 10 pc,tcd he ac, Dc
self, and decided by is own evi!euce." (3) Bu.
tue applicftiOl OF tins i1tU mari1l 10 the cunstruo
ton o. ti- constitution Tor The Il tied STATES, has
it j. Jeleved, long since seny raYV cX-
plo.sd, aud c0tsmPOJaae0as exposition q Is
used - a legitimate weapon OF aI -'nnsa,, on iii
grea' AID important qlesioas growing out OF be
true m.a ing affixed words in that instrument Gy
Those tUhO atiOptedH
!, is not ny purpose here, to attempt IN shc,g.
according ocoucct reason, The utter pylics' iIit,
OF this iJy maxim 20 questions af-in. o.t OF jbl-
great AMI HoUi experiment attemp Ell by 50 toe
people at lrgc," and now making 10 thee Cli.-d
State 70 EsrABLfsH lCrittc1 constitutions. We
know th't words nave 80 meaning except by CON
pact, and we know Of no persons the mednin. oi
whose words IL O proper o be era iled INTO ~
thai of tie people trh1 ad0pted this constitution.
md that too, ut tie tige 1T tchica thty dill ul0yi
IT,
taHt occasions, that have arisen since the aitentf
oil the re1pielo establish this Constitution, in order
II shew tHa cotcmpOyane0us exposition is roasl-
dered az Sgf and iundau entail guide in expourd-
ing j.; and ilom these occs-iOns 10 ascertain he
sources, heace we must look Tor tbs eoica,uorl
nous erp0oifiOH.- Unu- qui.qIe mavu.t cltdgrs
guam jndicare."(5)
In 1871, Madison in his celebrated speech on
The power Of Congress To ch1rfef Mc fret bauk o.,
tie United STA e., says " This power was propo ed
10 be vested in Cong es', in the origiu.l pl,u re-
ported TO the cymmiuce Of the convention among
The enumeration Of powers which now form tie
VII sec. Of tie ist srl. OF The Constitution Of TIC
Unied States; but al er three days ardent debate
on the special sIUjeci in that BODY the power $40.
rejected, aud stricken Gus upou the principle fh,t
a was power impropefto be vested n tie General
Government"
Here we sec Mr.. Msd.son referring. not 10 the
journals oil he Federal Cont ention bat to his o,gn
knowledge Of The debates, and Of hat took place
IN his convention; Of. which al America knows De
was most illosirous, and elcieni member. II