Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1825-12-30


OF the whole extent OF power vested by this posi-
tive and imperative clause OF the articles OF confede-
ration, In the legislatures, ought to be consider
ed as settling cOnciuNUeiy, thsU true and iegit-
innate meaning" 80
Thus see, that when the articles of coincide
ration, which were ratified by the state legislatures
declared, that " the legislatures shall direct the
manner Of appointing delegates that" all Ameri-
ca" understood this clause vesting no po,cer
whdtersT, in the state legislatures, TO make tn $
choice, appointment, or eiectiOn.-And, on the
contrary, that this great and important power was
vested IN the legislatures, by separate and distinct
clauses In the rrtten constitutions of the states
And we have the assurance of the Federalist jus,
quoted above. that in two OF the states, Connecti-
cut and Rhode Island, where, at that time, the
people had not formed ,vritten constitutions, the
power 10 appoint delegates still remained in the
hands OF the People. 81
We then Ind, that upon the most critical nves-
ugation OF the constitutions oi the states, also
oil the articles OF confederation, and OF the Consti
tuition of the United States, tina, the power make
an appointment, choice election, and the
power to direct the manner of this appointment
by The practical statesmen of America, considered
a. powers " Su6StdHtire and distinct"
:" This similarity in the use OF these phrases in
the two great federal charters, light well be con-
sidcred rendering their meaning less liable 10 be
misconstrued IN the latter; because it will scarcely
be said, tibet they understood TO be either
general grant of power IS. to the state leg;s-
lalures to choose, elect, or appoint delegates 10
the old congress, or 10 vest in the legislatures the
still more dangerous and formidable power OF desig
mating hoSe WhO should elect Item for . each
member Of The UniOn.' " And if such was the
limited meaning attached 10 these phrases in tic
very instrument revised and rcmodeled by the pre-
sent constitution, it can never be supposed, that
when copied into thiS constitution different
OIvit q he attached IN - Ion
The true and fair construction of this phrase
both IN TIE original and existing federal conIpacs
40. appears then TO be in strict conformity with
the declarations of the Federalist, made to all the
American People, and remaining uncoatradict ed
by all in the state entions hich adopted " this
constitution for the states" Declarations COM
petely vertically the Journal of the Federal con-
venlion, published 32 years after the rising Of that
convention.
Having thus finished the examination OF the
clauses Of this written constitution for the states,
which relate to elections for the of the
states, aud having the exact and cautious man
neT, IN which the powers relating 10 this great and
important So BJEcT, are meted out and dchned, we
may be somewhat struck with surITiLe when we
discover how easy it would have been for Ih- fede-
raj convention TO have avoided all cavil whatever,
with regard TO the mast important election uGdain-
ed by the constitution. The simple Insertion of
the words - The People OF - so a. to read the
people OF each state shall appoint, in such manner
as the Legislature thereof may direct Wv oud have
o5viated every mistake, and have deprived fraud
and artitice Of every shelter. [4I.l Yet when we
observe that the phrase as it stands in this consiitu
uon for the states is INCIDENTALLY borrow Cd from the
VIh article OF confederation: when reco!lect
90. that The adoption of the constitution was al
ways justified upon the principle that Power not
given by tie people is r.serv ed, surprize " i'll
greatly abate. When, too, we advert in this case,
Il; H.
nave pressed upon The federal convention, in tins
great and r0Uel experiment. which they were CAL
led on 10 make for the whole United States; we
VIII then, with much more prophecy, ask in the
language of the virtuous Madison,-
. Would ii be wonderful, if under the pressure
OF all these difficulties, the ertion should have
~~'.'- - frn2 That artificial
structure, and regular symmetry, which an abstract
view of The subject might lead ingenious theo-
rist 10 bestow constitution planned in his closet
or in his imagination? Tie real wouder is, that
many difficulties should have been surmounted
with an unanimily almost unprecedented, as it
must have heen unexpected. II is impossible for
any man of candour 10 reflect this circumstance
without partaking OF the astonishmen II is i'm
possible for any NAV of pous reflection not 10
perceive in it the finger of that almighty hand which
has been 20 frequently, and signally extended To
our relief In the critical stages of the ouion
" according to the purposes of him who worketh
all things alter the council of his own will" 121
ROANE.
NOTES.
Estbenisnnm Ct Plonum ngegu Pudo c per quos profe
ccIis. q. P!lI. III Paidt
Where men live in state of civil society all
doubtful words in any Of their contracts with one
another are to be construed in that sense, which
will produce an effect that is consistent with the
cira iaoS Of the society TO which they belong.
III. Ruth. Inst. c. VII. VIII. pa. 3iS, $40. -
Cranch 500 U. States Fisher.
l. GibbOn VS.. Ogden, Steam Boat case, in the
sup. ct. u. ). See Richmond Enquirer, March
l2tt, 1924.
2. Nudas enim animi, ut o1.1nt corporis, limo
ctntip, e. simpliciIatis comes est. Bacon Inst
Mag. l. Vol. ~.
3. This instrument contains an enumeration of
power expressly granted By the People to their
government" Gibbons VS.. Ogdcn-quoied as a
bove.
4. at must be great want of ingenuity to say no
toOrse OF it, 10 refuse 10 dttins words IS hen there
is occasion to do it; since definition is the only
way whereby the precise meaning of moral words
can be known; and yet way whereby their mean
ing may be known certainly, and without leaving
any room Tor any contest about It. Locke &. Ill ,
c. II, s II. The provision of words is so scanty
in respect of that infinite variety of thoughts that
men wanting Terms To suit their precise notion will
notwithstanding their caution, be forced Of
ten 10 use the same ord in somewhat different
'e9eS, Se' e "LIO' VI 'he DISCOURSE, VIII LOT me
most part, ifthere be designed allncy sufficient
y lead candid and intelligent readers into the true
meaning Of it: but where that is not sufficient to
guide the reader, there 1t concerns the tUriter to
explain his meaning, and shew, in what sense he
there uses that term. T.. III. c. XI. S 27.
3. Acts OF Parliament are compositions unintel-
ligible TO all, except those who have made them
their particular study. They are not punctuated.
The reason for this obscurity is plain. We have
lived many ages without the knowlege Of commas
and full stops Why should we adopt them now?