Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1825-12-17

60 There are, then - powers exercised bv
most other governments, which in the United
States are tcuhheid by the PEOPLE, both from the
general government, and from the state goccyn-
ments OF ''l's sort are many OF the powers pro-
hibited by the declarations OF right prefix, to the
constitutions, or by clauses in the constitutions, in
the nature vi such declarations. "(9O
Let us select examples lst. Of power toitihell
6y the people: that of forming and adopting written
constitutions by special conventions. Among the
powers thus operated in those constitutions which
are plainly tcithheid, is that of creating all mpor-
iant offices, aud also the power of designating aud
hNlng the qualifications OF those peI.ons bodies
or departments who shall elect or appoint the per
sonsto I'LL Offices, thus created. This power of
designating electors and fixing their qualifications,
t0heTe The office IS created in the constitution
Is, therefore, Ia The Unired States neiiler power
judicial, executive, Legislature. 1t is a power
clearly 'cthheld More particularly too, as in
'he OhHed States, there no hereditary rights
81 this sort, no prerogatives. Indeed, such has
been The jealousy of tie people respecting power
OF 'hs sort, that in the formation OF their ayyiits!
constitutions, they have not only designated, and
nAed 'he qualifications OF the persons, bodies, or
departments, who shall elect appoint their chief
executive magistrates, their judges, the members
OF lhelr legislatures, and their military officers bu;
'hey nave In many instances, designated ,s persons
VINO sha!l appoint their cOrOHerS and cOmStd5lcs.
uehce That wherever an Office has been created by
these constitutions, thar inuar;oJlv the per.o,,s
ooa'es, or departments ale designated who shall e.
'ec' Oh appoint the person TO I'LL the Office thus
created ms - then power Withheld by the
people, and remains with them, until it be clearly
shewn that they have parted with it, This being
neither power iegiSlufi1e, executive or judicial
II becomes those who attempt TO exercise such
powerto shew, that 1t has been fairy aud honcstIy
given 10 them
I'd vi powers not tDithIela. OF these the mos,
important are those vested in the three ereat de-
p~FiAents OF THEN government the legislative ex-
ecutive, and judicial
The Legislative powers vested in the state leeis
Ia'uTes are pleaary and " cOnip!efe."NOO When
tne people OF state act on legislator SUBJECTS.
t"e Poftteof society IS organised into then Ieyis
iature that being the department Of their n,r,s,,
lar government, vested with cOmpIste power TO
operate on such SUBJECTS
!" men state acts on Judicial, or executive sub
Jec's' IL Is organized into those deparm vested
jects. '''
1nere being no fixed standard, by which TO de-
eiihe me eNtent OF the complete Legislative pow
'eS'eu IN me state legislatures it is usual to
nave recourse. LIST. To analoges drawn from 9th
or governments possessing iegisLotipe d.n,rt
iheh'' And IN cases obviously belonging to ont, or
the other OF the three departments legislative ex
ecH'iVe, or Judicial, undoub edly anslosies drawn
rom such sources are proper and legitimate Bnt
IN case WHERE the great outlines of WRITTEN
constitutions are CONCERNED, aud where the ro, er
p'"i"y he'her executive Legislative, judicial,
out Is created by those "rltien constitutions. anal
osies drawn from governments ,.lcb have ,o
U'@HGs constitutions, canno, sausl.cioriIy on,1,
Ahalo5ies drawn from the constitution OF Brit,i
mus nor Only be rejected IN this case Tor his ,ea
SON but because, although tie parliament !, the le
Sislaiive department; yet il possesses absolute des
Pouc power :" an al possible ma,te7s"(iIA The
parliament eau alter The constitution at pleasure
80 that hen par!IaSIeut exercise. 2 pn,ver :, ,,
do 80, as legislature, or as possesss tb,
sovereign authority. Anaiogies drawn iron, this
SOURCE rom H!eSe causes must he very unsafe: and
III case, where tie great principles of vrItten
constitutions, and the Liberties OF people ,ybo
have endeayored 10 establish these tr,jfieo cons.
'uuons, It"!dng their Legislatures, are gnoi1y,,
concerned, must be rejected.
ne next source "he"ce we NAV be supposed 10
uei'e some lsht as 10 the exleat OF the e isative
powers placed III our American Legislature, j.
I'd The powers exercised by them. after the sew
rance OF the colonies from The British crown. M
70 Tue iIJa ratification oil the articles OF co.fr,Ie
tios. '~'e' -
bnt PTecedentS drawn from this period cannot
De WHcA relied on; because, - in he interval. he
!" cen ne commencement Of the re, oiIiiou. and
We ma" T"'l'ta'i"n oi the articles OF coriede,a
uon' the nature and extent of the Union :, or -
tie powers then exercised. 6. was ,ie,ar,Di,', -
The circumstances OF Ike crisis rather tbsi, ly an.
accurate deiiuestIon of the general autbo,i,v :;
iiz') GREAT revolutions are too immense f,r
technical icrmaiity all tie sanction, that can l,e
hoped from such events, Is the voi,e of tic ,.,,l
however Informally or irreguarlj expressed A..
ana aGNIn, however beneficial, d iring this crisis
~ ,oy o'u'ioh Tue powefs then exercised by tie
'''e 'e5''i"tures may have been; and admitting
Item to possess the power Of the Roman Senate
or lhe omhiPotence Of Parliament; the fact. ,L,'
me people OF the United States have deemed !,
'eS"'c''O'S OF These powers sun more useful and
necessary, Tor tue preservation OF their li,er,ie.
cannot He denied. Ilis was unqa,es,ionabl, NO.,
lie most powerful reasons, for tie aitegigfs ,I,,
TIE people havemade, to esfatiish tcrjffsa co1sti-
buttons.
We are, then, in order to settle the extent ,,c
these g pienary" legislative powers, in his cs.c
unyen, Sd. 10 Tic wRIrrEN constitutions oCuc
United 5taies Themselves, as the ONLY rorfert c,;
lerion Oy which 10 determine the extent. and 49,,
tuTe oi the powers OF The legislatures, ,,ithfe,,,d
lsi. to the power Of designating the persons ,.b,,
shall sppoint thcper~on or persons TO Sill an ,I,..
and to Fr the qualification OF Ec-e electors. ,cbc
"W cy'ee IS cfcattd t1 The constitution. a,J ~
tons e'e~-
An attentive perusal Of aIl our wRfrrr,, .s,.,.
constitutions viii, it is believed, furnish H. go,
ihis UNIFORM TACT: that tbcy create The sn.,rlr,..
efeeHf'ce' legislative, and judicial dcy,,tneots.
OBSTINATE the persons, bodies, or Department. ,,
shaH eject or appoint The pefsoas 50 tii fbeo. ,,t
9S,,y,uia'ely JIG Tie qualifications q thcse eecto
nue. on 'ie CONTRARY, tbe power go di.ect ,hc
l, ID when these e'ec.iOhs Or appointments
~ He'o' - mere power 20 make ''sUcff EEc,5.
LArIoNs," "by la,y - as ie,yst
ereises by tle state legislatures. 60
10 ~ tie qualifications, and designate ,j,o me-.
sons who shall till Office ere aie6 tos