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

decentralization. The powers derived frori " this
constitution for the states" acknowledges no so
vereign but thepeople; erery potoer NOT granted
thereby remains ,oith them and at their tpiH''
Virginia adopted it on this principle. See Journal
of the Virginia Conv en,ion pa. 2s.
L. Wheaton 334. Martin v. Hunters lessee
l34.) In the case OF John Bailey in the House of
Represents tives OF the Congress of the u. S 1851
The question turned upon the meaning of the word
:" inhabitant," as used in the 9. u. 5 The House
OF Representatives referred TO the meaning OF the
term, used in the constitutions OF the states bar
ticularIy of N. Hampshire and Massachusetts; as
that word had, in them, received construction
similar to that con,ended for by the III. Rep. They
say that these constitutions were formed BY con-
ventions, IN which were many G: the most learned
and practical statesmen OF that day and the ,ecla-
rations which they contain OF the sense in winch
they understood the word inhabi,ant should be I'M
derstood, ought to be considered as settling con-
eiusireiy E.eir trtse and Legitimate meaning
Now the constitution OF Massachusetts was form
Ell atfer the articles OF confederation. The practi
Cal statesmen OF Massachusetts conceived il neces-
sary to give TO the Senate and House of Represen-
tatives OF that state the power choose delegates
to the old Congress-" by an express and separate
clause OF their state constitutions. The 9th. art of
confederation not vesting this pow in the Lesisa-
ture OF Massachusetts. If the 9th art. of COME
deraton gave the legislatures right to choose
electors: by what part of The e. u. s. do the cgis-
latures pretend to choose electors The clauses of
the State Constitutions above quoted shew, uneaui-
voca!ly, the extent OF power which the practical
statesmen of that day intended TO place in the legis-
latures. See Ruth. Inst. G. IL. c. VII. s IX pa
322.
80, The idea that the state legislatures were TO
exercise the power OF choosing electors would have
beea g a ',oreity TO the members of the Federal
Convention" See No. MI of the Ferieralist
whence the quotation in the text respecting the
| g,l. T..
congress, is taken, vol. l. pa 26i, (36.) See
Note 81.
81 have derived the above fact from the XI
No. of the Federalist. We there see that the peo-
pie OF Connecticut, and Rhode Island choose their
delegates. We know that, at that time, these states
had no written constitutions But admitting the
legislatures of these states and of all the states TO
have possessed despotic power none will deny the
power OF the people to limit their power. Has
the constitution given them the same power to
choose electors, that il has to choose senators,
Has 1t given them the still more dangerous power
10 vest this power 'f choosing in WHOM soever they
may please' Where the clauses Madsoa's
report IL. 80. ID. [IO Id.
Al. Can we for moment harbour the suspicion,
that In penning this clause, relating electors,
the trainers OF the constitution have9' been capable
OF using language which would convey 10 the mind
one idea and alter deep reflection press on the
mind another! McCulloch V. state OF Maryland.
We sicken at such thought. But we know that
" the taIes and the wheat have always grown to-
gether" "Itaque sceerati homines potunt asyla
dvorum, ct vIum ipsum in virlulis umbram
receipt" There are many devices in a mans
heart, nevertheless the council of the Lord that
shall stand" XIX. Prov 81.
AZ. Federalist XXXVII. Vol. l, pa PAL Eph.
|, 2.
a. "The House of Representatives is to be
composed OF members chosen by the people of the
several sates and each shall have at least one
representative
" The Senate of the United States shall be COM
posed OF two Senators from each state
" Each state shall appoint, for the election Of
the executive, number of electors equal 10 its
whole number ofsenators and Representatives
- These clauses show that the word state is used
IN The constitution as designating member OF the
D. The xth a%an aR Ht Ii nh v 8 {, ex
press. 1t may not be smiss for Virginia Lesisla-
tuTe TO see, IN what sense, the Constitution was "a
dopted IN Virginia previous to this amendment B.
reference 10 pa. %, OF the Journal of the Virginia
Convention, 1t Is there declared, that the powers
granted under the constitution being deriv ed from
the people of the United States may be resumed bv
them, whensoever the same shall be perverted To
their injury or oppression, and that every power
not granted thereby remains with them: and at
their will" We the People have not granted anu
potoer whatever 10 The Legislatures TO choose G.
lectors, or tofH vacancies, by " This constitu-
lion for the slaies.''