The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1839-09-07
From the Petersburg hstelligencsr r.
THE OBJECTS OF STATE LEGISLATION.

THE OBJECTS OF STATE LEGISLATION.
Having omitted to touch on the subject of the fore
gone excuses and usnrpaons of the federal legis-
lature,. discussion OF which might be useful, we
proceed 10 brief execution Of the chief purpose of
these sketches to wit: specification of the legitimate
ogsets q teLgtsation, which comprise the rights
| OF the States.
The ninth amendment, which we have copied
above, and which declares that the enumeration Of
the delegated powers to the General Government,
shall not be construed TO disparage the rights lin
ed BY The people, was manfesiy introduced and
merely intended 70 secure the rightfu influence Of
| the sound and safe maxim that affirmation OF
specified grants Of power, implies negation of all
other substantive powers. The tenth amendment,
also reced above, is an explicit expression Of ideas
which, without IL were inherent in and clearly to
be inferred from the history Of the origin, formation
and ratification, and from the frame work ITSELF OF
the constitution; to wit that the powers not emu
merated IN the constitutions as being those intended
TO be delegated to The general government, are re-
served 10 the States respectively 10 the people. II
Is mentioned in Slory's Commentaries vol. Sd, p.
1852, on the authority Of Lloyd's Debates, 23i and
on the authority oil Mr. Madison that motion in the
Virginia Convention, BY the opposers Of ratification,
to insert The word expressly" before the word dele
gated as the latter now stands in the 10Th amendment
was, after full discussion, given up by them This
| goes TO show that the most jealous of the powers
conferred by the constitution the general govern
| ment, were themselves convinced OF the impracti-
cably of combining that government to the exer-
| else OF express powers. But whilst there must be
admitted powers by implication, the sequence from
the principle which pervades the framework Of the
constitution, (and which is expressed in the ninth
amendment, to wit: that the affirmation Of the emu
merated powers implies a negotiation Of all other
substantive powerS Is and cannot be fairly resisted,
that the general government in its exercise Of pow
er by implication, is limited in the selection Of means,
not expressly provided for for carrying into effect
the expressly delegated powers to such means only
as have immediate, obvious, appropriate and ncon-
rovertble relation 10 the delegated powers designed
| IN hp Mod Enri Tho IN
struc military road" is implied in the expressly
granted "war power"
Under the Judiciary head we have already init
mated our opinions In respect to the doctrines Of
| notification" and secession" Impractical good
can result from discussion of them. This is our
opinion. To support our opinions in respect to those
doctrines we shall let tsuice to cite MIR. Madsons
opinion, Virginia Debates" p. 800, to wit: 81
| WHOLE STATE MAY BE IN INSURRECToN AGAINST THE
| UNION"
| Now then, taking the provisions of those Con-
situations which we have set before our readers as
our guide and here stating that in the important
features OF their constitutions the States all a2See,
! except Vermont, in which the supreme legislative
power is vested in House of Representatives, -
| The rights OF the States are:
The regulation OF the right Of suffrage. This ex-
tends TO the government of the Union as well TO
that Of the States the elections In each Stale shall
have the qualifications requisite for electors OF the
most numerous branch OF the State Lcgisla ure."
The regulation of the power of the people TO in
/
and If the people OF State will It, it is their right
TO retain this power their remote representa-
lives orto transfer to their immediate representa-
tves who elect the remote ones for instance, to in
sruct the State Senators in Congress- to transfer
The power to the legislature by whom those Senators
are elected and In either case, either directly or in
directly, TO regulate the mode Of its exercise:
| qualified participation in the formation OF the
us. Senate ;CongresS, by the constitution OF the
U. States having the delegated power TO make ard
alter regulations as to time and manner OF eecting
those Senators:
The appointment, as the Legislature OF each State
may direct, of the electors OF President and Vice
| President Of the u. States, Congress having the
delegated power 10 appoint the time of choosing the
electors" and the day Of giving their votes
The enactment. Of The whole body of local and
municipal laws, which concern the rights Of person
and property and beyond all else exceedingly affect
the well being of society. The enactment of the
laws with which the Stale Legislatures are charged
may be considered at large in respect TO thoss laws
which concern prirats property and rght corporate
aud public bodies, such banks public property PUB
Tic rorks, and public Institutions, such as canals,
| railroads common schools, and all benevolent in
siituions; and The punishment Of crimes, except
crimes against the United States and the high
seas. The right 10 enact laws concerning crimes
extends to the nature OF the crime the mode Of trial.
the degree Of punishment, and the place and man
ner of supporting criminals regularly sentenced TO
confinement
The mos. prominent Of which are the Alien and
Sedilon Acts the Tariff Acts the Acts for incor-
porating National Banks, and the Acts approprsting
The national treasure for the construction OF works OF
Improvement, consisting Of Roads, &C. in Of the
/ States
| Last, though not least, the Sub-treasury scheme
with bankrupt law and with Receivers general to be
quarered upon the States and their substance
is urged by the Executive on the Legislative pow
er. II the federal Legislature be tempted into this
usurpaton, the people, that it will be at least
as Difficult, TO be 60, rid Of any that has preceded it,