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

That the sovereignty of a stale cannot, by its
own state regulations, confer their legislatures
sach powers belong to " I'VE the People of the
United States created by our great compact with
each other, is believed TO be demonstrate.
The sovereignty OF State extends TO every
thing, which exists by its authority, or is intro
duced by its permission" but does not extend to
those powers, created by the People OF the United
States, for the benefit of the Union. The power
To appoint electors Is not created by the People OF
single stare; =. it is power created by all for the
benefit OF sll.'' 1t is power created by the Peo-
pie ofthe United States, for the purpose of making
most important election for the benefit of the
whole United States. - Upon correct theory
the sovereignty oil particular State cannot extend
To such power.
The attempt of the legislatures of the States to
wres' from the People, the means reSerUed 10y them,
and created by their tcritten constitutions for
the organization of the government for the whole,
- is an abuse;' because 1t Is The usJrpaton OF
power, which the People of State cannot give.
- But waving this theory for the present, LET
US enquire, whether this power assumed 10y tie
Legislatures of the States choose electors OF Pre-
sdent, or the pow er TO designate the persons who
shall choose them, can be exercised by the State
legislatures consistently with far construction OF
&" this Constitution for the United States!
In the prosecution of these enquiries so intimate
~ connected with the liberties OF the People, and
their respect for their State legislatures, we
should hold constantly IN view, that 'we ought
not 10 shrink from the CATION OF truth, how
ever unpopular; nor conceal ii, whatever the pro-
iess.on OF II may cost. Though eNertions OF this
Sort sometimes imputed 10 unworthy motives,
aud dsinte ested attempts To serve the best inter
c,ls of humanity frequently rewarded with in
sui, and reproach, we ought 10 reflect, that this
Is tie treatment which the advocates OF truth hav e
met with in almost {, cry sge." (27) And we must
remember also, as all additional incentive 10 their
prosecution, that
e. - Je suis file du Temps, dit In T'eri:e,
ct Il ia tongue Il oJiie'iS tOat de mon Pe'e."
NOTES.
l. " The important distinction so we'll understood
IN America, between a constitution established by
he people, aud uadterabie by the government,
seems TO have been little understood, and less OBJ
served in auy other country. Wherever the SUI
preme power of Legislation has resided has been
supposed to reside also full power to change the
form ~ the government" Federa!ISt No LII.
" Sovereignty, ald legislature indeed converts
ole terms cannot subsst without the Oi!.ef.' -
1 Conan. 46. 4" To what purpose are powers Ii
united, and 10 what purpose - that limitation com
mitled 10 WHITING, If these limits may, at aHp
tde be passed by those intended To be restrained
rhe constitution is either superior, paramount
law, Interchangeable by ordinary means, or 1t is on
a lecei toith ordinary Legislative acts, and Ike
other acts is alterable when ,he legislature shall
please to alter il.
Ii the former part of the alternative be true, then
legislative contrary to the constitution is moi
law II the latter part be true, then written con-
situations are absurd attempts on the part of the
people, TO LIMIT POWER ITS OWN Ma
TURE 1LLIMIrABLE." l Cranch I76. Marbu-
ry vs. Madison.
2. See an Grafton by Athanasius Fenwick of Ma
Il.
sustained severe loss.
). 4" 10 leavea nest egg for future professions in
that quarter" Senator Bentun's speech the
establishment of post the mouth of the Oregon.
What infinite difficulties would have been ares ed
In ihis quarter, ii tie words g The people of had
been inserted in this clause ; 10 read sc The
people OF each state shall appoint" Were the
oIraiag ems of darkness at work at this clause,
while the constitution was forming /!
i. " Inteectus huInanus luminis sicci non est set
receipt iniusonem voluna ate, ct aiIecubus j,
quOd general = d QUoD vULr scIENrIAs. QuOC
enim maDut homo UeTum eSsc III pOrtius credit.
Nov Org. l.. i. Aplor XLIX.' Des quill
un llteref sedIc eur qii opere Intelligence II 'ag
Plus ImparaleInent, el!ene considere plus les deuA
cotes dc Ia question, ayec la meme attention, ellie
Tejetle les fats, les arguments qui nquetent ct
sataciequ'a qui s'accordent avec son incliua-
ton. C'esi dams qu'o ben dit que i'espr
etoitl dupe du cour." 2 Tact IA. Is. Mais sc peu
ii que les motifs quI asissent lespri;
dun homme soient un secret pour luimeme /? 2
Tact 23T {" Intus in domicilio cogitantis, nee
Hcorea, Lee Greca, nee Latina, nee Barbara veri-
tas, sine ois, ct lingug Organis, sine streptu sya
Idrum" Confess ). Aug. L. ii c. 3. And the
Light siiineth in Darkness and the darkness com
pretended 1t not" john. /. 3.
.. A." We ought always to give to expressions the
sense most suitable TO the SUBJECT, or 10 the
matter to which they relate. Now it ought to be
presumed that lac who employed word capable oi
nuty different Specifications has taken in that which
agrees with the subject. Vortel. B. IL c. XVII
S. 2SJ. Ruth. last. c VII 5. Z. pa. 3l5. :" This
word then like others is used IN various senses, and
in It's construction the SUBJECT, the CONTEXT, the
be take. in view" EicOWlloch vs.. the State OF
Maryland. i6 Niles Reg. IL
G. highly alued friend, & one who fills large
space IN the affections and pect OF his country
tells me, he thinks is tie third of the meaning.
in ibis aiay SIS of MIR. Madison, which applies 10
his subject Ills mind Is OF The first order, and
there must be many OF this opinion The reasons
winch present themselves to my mind 10 exclude
this meaning stated above.
7. IT76. Juhe i2,h. Constitution of Virginia 2
/" That all power is vested IL, and consequently
derived from tie people" Similar declarations are
found In most oil the State Constitutions. g Cujus
est dae jus est disP0nere."
S. Madison rcpOr. 10. 10y Same. So. e" H.
the United States, the Executive vi .gistra,es are
neld to lie lnlaIlibe, nor the Legislatures to be
onnipOlenL" 81.
40. The Constitution OF Virginia calls the Gene
raj Assembly " cOmptcte' Leglsi lure Many
Oi he de Constitutions use words equally ope
ratlye the powers OF the Stale Legislatures are
en- " plenary, and q" compiete.' BIT surely no
one suppose, thai a grant OF all, full, plenary,
complete Legislature powers would convey TO them