Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1834-09-02


ose under the same division. until he has completed the
whole, as system By The time that labor completed
ne hopes 10 present somehing condensed nd point
ed on The same important subjects.
APHoRISMs
L. THE SOVEREIGN POWER
l. The power and jurisdiction OF the English Para-
met Is so ranscendani and absoute that il cannot be
Toneo' eher Tor causes or persons within any bounds
IL hath sovereign and uncomfortable authority in the maxi
ing confirming charging restraining, abrosalng, repeal
g' revving and expounding OF laws, ming matters
OF all possible denominations ecclesaslcs or temporal
civil, military, maritime criminal.
z. The Laws and Constitution have assoned IN tho
King various counseors and responsible advisers il has
clothed him under various constitutional checks and re-
srciions with various attributes and ureropaIives !, 90
crbes 10 him sovereignty imperial dignity and perfection
the power OF making the laws and the ecu,on
Of them when anade vested in the King enocting the
laws In las legislative character by and with the advice
ani Of The Lords spiritual and and of the
made-,he King has the preroga,ve OF making war and
peace leagues and treaties lie has the prereg alive
raising fleets and armies; he the fountain JUSTICE the
great conservaor OF peace the fountain of honor, Office
and privilege; the arber domestic commerce the head
oil the national church
g. Whenever the right Of man 10 self government is
recognised, the sovereign authority for making repeating
and expUundng laws concerning matters Of all possible
denominations IS vested in mao body polic watso-
ever but resides with, and is inherent n the people
civil community who, for the purposes of selfpreserva
ton delegate government through their Constitutions
the powered making such laws only as in their estimation
necessary for the common welfare.
T. In the United States, where this right is fully
bhed the sovereign power for creating, modiiyng abol-
ishing all constitutions governments and for making aud
repeating all laws which affect their private rights and
nestle interest resides in the people of the several States
separate and distinct Communities and whatever the
people, their original and sovereign capacity indie
pendent States shall agree upon in all matters concerning
the interest OF the hole, lie the supreme law OF the land
and only be repealed modified by the power
which created it.
II. Constitution.
/. Constu ion, or The organic law, The fundamental
principles which lie at the foundation OF all just political
Institutions, can never be the acto government, but OF
the people constituting government. government
without Constitution, is, therefore, power without
right. In England there is Constitutions the whole is
merely form OF government constituting itself with what
powers pessesfhe universal supremacy and The ON.
impotence IF Parliament In America all governments
mus, issue from some Constitution pre- yousiy formed bv
the people, aud ordained by them TO be the supreme law
the controlling power Of goveFumen-hence the supre-
macy and the omniPoience OF government is language
totally inconsistent with sound political principles
@ After the Declaration Of independence, 9th OF July
1776) each State acted Independently Of the in
Jog its government. When the several State govern
mems formed, they then proceeded TO the oil
COntede ration, which, after long deliberations conclud.
cd in the year 1881. BY the Articles OF Confederation
Congress had power 10 act in all which concerned
the interest OF the whole, which related TO the inter
course d tho several States with each other, OF with TO-
reign nations.
g. The great and radical vice in the construction Of the
Confederation, I'D the principle OF legislation ioi
States Governments, in their corporate collective
paces, aud ccnira distinguished rom the individuals
whom they consisted Congress had an infinite discre
ton make acquisitions for and money; but they
had authority 10 raise ether by regulations exeaine
to the individual citizens Ct America The consequence
was that, though in theory their resolutions concerning
those things were laws cOnsttu;onally binding on the
members Of the Union; yet, Ia Practice they
endaonsS ch tie States observed dsre gard
ed at their option.
A. To remedy Ibis radical error and TO escape from th
perilous situation in which they placed by the nef
ciency the Confederation, The people Of the
States their original and sovereign capscly, in Conyen
ton mbed did ordsn and establish The present CoBsl
tuition OF tie United States not league, treaty, no
simple confederation, but they ordained 1t with all th
organs and functions OF governments; which should b
tie Joint organ Of al the States, cenicderated in'o
general community ioyspecid pufpoesThey establish
ed tody polite peculiar in s structures and lmile
IN lie sphere Of action, but the extent Of its GRANTEE
powers possessing al the capacities Of any other govern
ment-sueh The pos or TO make laws affecting The right
and property OF ndlvdualsto enforce is laws by
lions penaliestO institute courts Of justice, and
do all other acts Within is pescribed limits 10 protect IL
| sell from violence, insait OF dissolution.
3. As Conatu ion ~ be proper sense Of the term
| must he written contract between individuals Of
| community, or between several communities, detailin
the general principles by which they have sgrced d
governed IL necessarily follows al ibis Constitution
written compact must DO interpreted strictly. as it is
rule Of law, universal IN it, application, ist ell statute
written laws inusi be interpreted strictly according
the meaning OF The iraDeft hcfeoiiOr, II The argUmeu
| Of implication, or The plea o! necessity, be allowed
vary the meaning in IL may IN auoiber, until i
/ Constitution Itself shall become shadows and tl
Government arising from IT, supreme su3 Omhpoieni.
this Fundamental principle depends The success Of a wn
ten Constitutions, and ho fate of those people WHO hsy
slakod thsir destiny upon them.
g. The purposes iof which The States agreed 10 becom
one community, and be controlled by The same gener
law were few and fully known al The time Of the con
pact The legislative powers therefore, conferred by Oh
Constitution Of the Federal Gogcfnmrn', few, spec
hcaliy deeed, specially defined and restricted 70 tho