The Arkansas advocate., 1830-08-18

are provided for its amendment; one Tn which two-thirds of both Houses of Con- gress shall propose the alterations, by making the first movement; the other ii which the Legislatures of two-thirds of tine States shall solicit Congress to call a Convention. Inc first appears to be in- tended as the mode of accomplishing any single specific alteration; the se- cond, as the mode of arriving atany new- modelling ot the whole system; and when these two means were provided by the framers of the Instrument. they livery probably thought that all had been done which human wisdom could de- wise, to render the system perfect and durable. 1t never entered into their minds, that any mode of altering the tonstitutionwould or could ever be at tempted, except those prescribed by them; and in this faith it was sent forth on the l7th September, l787, and sub- sequently ratified by the requisite num- Der of States.
 Previous, however, to its going into operation, some suspicious arose as to q possible mode in. n.Which the Constitu- ion might be altered! iiTl effect, without resofting to the forms prescribed. 1t was thought there was a possibility that under the l7th clause of Sec. 8, Art. L, Congress might usurp powers not in. tended to be conferred upon them. The bare deelarationin that clause, that Con- gress should have power ss to make all laws which shall be necessary and prop CT for carrying into execution the fore going powers, and all other powers Ees- ted by this Constitution in the Govern ment of the U. States, or in any depart ment or office thereof '' without any iimi- tatfon, vas thought to afford too great a latituaa; inasmuch asby forced eonstruc- tion and implication, the very land- marks of the charter of our liberties might be swept away. This jealousy of the rights of the StaLes ard q Of the the people, was particularly conspicuous in New-England and in South9Garolina; and accordingly we find that in the rati- fcations of some of the States an amend ment on the subject was recommended for the adoption of Congress.
 Inthe ratification of Massachusetts, dated on the 9th February, i7Ss, 1t is thus declared:
 And as it is tho opinion of this Convention, that certain amendments and alterations in the said Constitution would remove the fears, and quiet the apprehensions of many of the good peo- ple of this Commonwealth, and more eff iectually guard against an undue ad- miaistration of the Federal Government the Convention do therefore recon1- mend that the following alterations and 1 provisions be introduced into the said Constitution:
 That hat it be explicitly declared that all powers not expressly delegated by the aforesaid Constitution, are reserved to the several States, to be by them ex- ercised," &c.
 nthe ratification of New Hampshire, dated June 2l, I788, it is thus express ed:
 '' And as it is the opinion of this Con- vention, that certain amendments and alterations in thesaid ConstitutionwouId remove the fears and quiet the appre- hensions of many of the good people of this State, and more efectualIy guard against an undue administration of the Goyernment-the Convention dc there- fore recommend that the following al- terations and provisions be introduced into the said Constitution;
 l. Thatit be explicitly declared that all powers not expressly and partioulQr- D delegated by the aforesaid Constltu- tion, are. reserved to the States, to be by them exercised" &c.
 In the ratification of South-Carolina, dated on the 23d of May, l7SS, it is de clared:
 4 This T.'lilis Convention doth also declare, that no section or para graph eG the said 1 Constitution warrants construction that the States donot retain every pow CT not expressly relinquished by them. and vested in the General Government of the Union.o
 In consequence of these representa- ttio1s. first Congress, at its first ses. sion, which was commenced in the city l ofNew York on the 4th of March, l7o9 adopted the following proceedings:
 "The Convention of a number of the States having, at the time of their adop' tinu the Constitution. exnressed de.