Martinsburg gazette and public advertiser. [volume] (Martinsburg, Va. [W. Va.]) 1826-1833, 1828-01-10

49, q S@R uuAeuANg ia GAS1A
ling it.
Next in addition to the present fede-
raj powers, the national government
should be armed with positive and CON
p'ets authority in all cases which re.
Iquires uniformity: such a. the regula.
ton Of trade, including the rgh, Of
taxing both exports and imports. the
liking the terms and forms of natuta.i-
cation, Sc
Over and above this positive power, a
negative IN all cases whatever on the
legislative acts of the states, as hsreto-
fore exercised BY the kiugiy perogatiye,
appears to him absolutely necessary,
End to be the least possible encroach-
ment on the .'ales jurisdictions. With
out this defensive power he conceives
hat very positive tlav? which can be
gwen on paper, will be eveded.
ibis control over the laws would ore
vent the internal yicsitudes of state po
hey, and the expressions of interested
maiorities.
The national supremacy ought also
70 be extended, he thluks, 10 the jodi
nary departments; the oaths ii tie
judges should al least include FIDELITY
10 the general as well as local constitu
ton; aud that an appeal should be to
some national tribunals in all eases. To
which foreigners or Inhabitants of other
states may be parties. The admiralty
Jurisdictions to fall entirely within the
purview of the national government
Tie national supremacy in the ex.
ecutive departments is liable To some
difficulty, unless the officers admins
tering them could be made appoiatabIe
~ the supreme government The mi
iiia ought entirely 10 be placed in some
torn or other, under the authority
which IS interested With the general pro-
lection and defence.
| A government composed of such ex
tensiVe powers should be well organlz
ed and balanced.
The legislative department might be
divided into two branches, one of the N
chosen every - years, by the PEG
pie at large, or by the legislatures, The
other TO consist of fewer members, to
bold their places for a longer term, and
to go out IN such rotation as always TO
cave in office large majority OF Old
members
Perhaps the negative on the laws
might be most conveniently exercised
| by this branch
As further check, council Of re-
vision including the great ministerial Of
hcers, might be superadded.
A national executive must also be
provided lie has scarcely ventuFed IS
iyet 10 form his own opinion oither Of
the manner in whirh il ought 10 be con-
stituted. or of tue authorities with
winch II ought to be clothed
IN article should be inserted express
Ily guaranteeing the Tranquility Of the
states against inteEnal as we'll as exter
nal dangers
In like manner, the right of eoersoa
should be expressly declared. With
the resources ofcommerce in hand, the
national administration might always
hnd means Of szerting il either by Sc or
land--but the diff ulty aud awkward
ness Of operating oy force on the col
lechse Will Of state, render il particu.
larly desirable hat The necessity of il
might be precludsd. Perhaps the mega.
tives of the laws might create such
mutual dependence between the gene
raj and particular authorities, as to an
swer--oT perhaps some defined objects
Of taxation might be submitted along
with commsrcs, to the general anthori
Iiy.
To give new system its proper va
lidity and energy, ratification must be
obtained from the people, and aos mere
ly from the ordinary authority Of The
le gislatures This will be the more IS
sential, as iDroads on the existing con
stItutions OF the states will be unayoida,
bic.
10 connection with those opinions res
pecting the principles of constitution,
II may not be amiss to state some OF the
chief features OF tiamlton's plan of go
vernment, as presented by him TO the
convention. He proposed,
That the supreme Legislative power Of
the United states of A Geri-a, should be
vested in two distinct bodies of men, the
one to be called the Assembly. the other
the senate.
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