Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1825-12-22


ing OF doubifHl passages of the constitutions, in 4
case. where II has been said, % that the srea prin-
cples of liberty not concerned, but the respec-
live powers OF those - who are equally the re-
presenta'iN es Of the p.opie" Co., alone invol-
we'd with how mech - eater reason. does 1t become
necessary 10 Seier To the icIittea journals a. OF
that celebrated convention, well TO the learned
and practical statesmen OF that dog, OF the man
ner in which they Intended the word g state"
-hoildte understood, ' to settle eOnciusiveiy its
true, and legitimate meaning in thiS case.
In 1896, our W ashington, ina message 10 the
II. OF r. the 30th March in support OF his opn-
ioas respecting the power OF the executive in the
formation OF t'caties, says, "Havng been mem
her Of the general convention, and knowing the
principles upol which the constitution was formed
" There Is also reason 10 Geiere hat this construc-
ton agrees With the opinions ENTERTAINED by the
St'tc conventions, tChen they deliberltins
GA the constitution" " II other proofs han these
aud the IN letter of the constitution itself be
ceSsary 10 ascertain the point under consideration,
iiiey may be found in the journals OF the general
con vention."
Il is acknowledged by all who have analysed the
character OF this wonderful man, that there is one
trait, in which perhaps he surpassed all other men
that ever lived; ard thisryvas in Judgement lie
was no lawyer but the excellence Of his superior
n"d convinced hin, of the prOpriey OF referring to
as otcn knowledge OF what took place in The con-
vention which framed he constitutions to the o3in-
ions entertained by the state yenions, tchen
deliDeratng on the Constitution, to expouad it's
meaning. These he considered as proofs; aud if
these ere not suitic en, he appealed to the Jour
n0IS OF the Federal Cony enUon AN additional
Prolf Such was the importance of co emporaue-
Gus exposi;ons, to his unsopkisticaied mind, hat
he Ielt no scrupseS to refer 10 them a mot i'm
roriant occasion. and tEat too, in message to the
IL. of Representatives.
To these revereI authorities, let us add tina, of
The philosopher go and friend OF liberty, Thomas
Jefferson In ms nswer TO the People of Provi-
dence, le" days ai.er his election, he says =. The
constitution on which or union rests shall he adj
mlnisercd By me according to the safe, and honest
meaning contemplatedby the pi1iH understanding
" the People ot tie United States at the time OF
ats dd0PtlOa--a meaning to be found in the err
P!a8diioaS OF Hose tcho adDocated, not of those
vino opposed 1t, merely lest he construction, houd
he applied which aey ounced as POSSIBLE. These
explanations are preser, ed ia the PUBLICATIONS of
TIE h1ic, and are TOO recent in the memories o.
most men TO admit oil question"
10 these ii.uStrious authorizes let US no, forget
IN OF the S.ae OF Virginia, lst. In her celeara
report IN 1893, Oh the alien ana se,iiuo, laws
Nrlt'en by M. Madison, o " hich we have had so
frequently TO refer. Il lays, 4" The constructio.
here pun on tie terms IS prer-c, the conslruc ion
which prevailed during the discussions and ralifi
o. DGllfNf 10
remark, hoe mWch the arguments NOW e,aDloyed
are az rGriance witi The reosOnia. tchich THEN
JNStB'dthc constitution s uui&ed its ratfca,i,u .,
ti0) I'd, On tie i2th Feb. 1912 we again fi-d tire
Genera AsscmbI, referring TO 70 cotelnpoyGuso,,g
opposition" H. tie prcanbles and resolutions o
this dae find loag extracts from the Letters of
PnJiius, after which, g The General .4sseiub{;
icW not oGer additional argument 10 tor,;f,
ne Conclusive reasoning OF the FEEDER Ais q
above referred to-" Nl) 81. Again on the o.
Jar 1921: we fad the Legislature of Virginia re-
lerrlng 10 the numbers OF the g Federakisf" In
The case OF Colems' against the State of virginia
the General Assembly of Virginia saws. Z" ftbe
authority OF American Statesmen il deemed neces-
sary 10 relieve this conclusion from The censue of
the wise and genuine friends of our fcdera,ive
system, that OF cJten'pOrGry toriteYsis sJreIy The
best" 02.) Happily for the People of,he Uni
tel states, the doctrines OF statesmen profoundly,
ersed IN political science, ard especially in the
principles OF our iedcrative system are recorded il
auihcntr lisore, and capable of distinct citqiiop.
'toHid they c0W'd minister light (I3) to orr
eres' hcrnony to oar opinions, sto jility to or
"1nr'PieS, md veneration to our political insti,i
tons. GA H. the able and luminous debates in the
Virginia Convention npon tie subject of the Judicial
power OF lie Uni;ed States Mr.. Marshall saws >
The The General assembly make an extract from
ms speech Ia that Convention. Again In the same
protest Ire General -seubly saw, a. In the e,er,.t
HunhcTs oi tie RI DER.ALIST, this opinion of
lr Mr.haii is "ni osmly countensnccd and re-
commended to Tic AmerIcsn People In one
item N'r. hamilton says, &c. IN another Mr.. Mad
son says, &C. AEer these references 10 Ha1olJtn,
aud Madison folov the extracts from lie di.fercy,
numbers of tie FUeralis' In this Interesting case
sc md he Legislature o. Virginia reirrrine 10 H..
speech OF Fir. MARSHALL in te de5lie, OF he Virri,I
Convention, and 10 the opinion, o. Mr. Ha,ai}to,
n lie feteraii-', 10 minister HShi TO their cy s
and ST '6itY their ffia, i!e>!!! Il is to he hoped
t"ai tnes III no' much longer shat their eve.
again hight derived ron their oNu authorities IN
case where the rights oflbe pcoD1e are concer. ed
and the riehls OF lie representatives. of he neon
SIC net merely 10 b tdjus,eH Ha-ing sen
Madison, :. a~hiHgton, Jelfer-on, AID The e,islq
lure oi Virginia IA her celebrated repor called
VI olson Report, and he Legsla of 1911. .
20, nd p, have deemed it "snG" to rcfe, 10
"otemporaneons exposition 10 ascertain he 1rne
meaning affixed b. the people To their own word.
In her written constitution a" for the states LEI
rs enquire,
Wheeler the supreme Judicial power Of the
Uniic! 81 e. doe, no also consider copte,n,o
'neou' expos ion, as a legitimate e.por OF s-,,.
men ~ eNpD1nGing he Constitution 81 Tie e. =
and particularly tie FEEDER hist as iu-il, icd io
ere respect; rcser ing 70 itself The rigl. 10 ,a-4
%! he coTectaess Of tbe opiions derived from his
source. &" rs GPPhica5ie To the argument sonehi
~ be-" eusiGiHei by ~"
la the case OF Martin w. Hunters r.. .ico
S.ors sass, " fhis weIght OF cOtempo,a,e0,,s c.r-
p0sdin5Y all Pdyties, this ocqve,cen OF e,
reD,eaed,' Sc. Sc. (i5) In 1919, the Chief
Justice Marshall ,ays ." In lie cour.e Of She arau-
men' i'ie FEEDER li-t has been quoted; and he
1P ni7ps pressed by the ,utor. Of that ..o-k have
been justly supposed 10 he entitled o great respect
D." eSpom'ins he constitution. NO tibute can be
paid TO heir worth which exceed their me.It:
HrH i'm fF.rl 10 H,ra4 f..fr
may arise in th~ progress ol our government,
right 20 lIiec oi their correctness nu~ be retained