The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-03-16
FOR THE MADISoNiAN.
ron THE MADIsoNiAN.
ADDRESS OF THE DEMOCRATIC STATE
CONVENTION TO THE PEOPLE OF
VIRGINIA

|
VIRGINIA
ADOPTED FEB 3, 1874, AT RICHMOND, VA
The next point Of inquiry is, do the political
principles of Martin Van Buren, conform to the
tene,s of the Republican school, as laid down
in this address of the Sd February, 1874
The I'd tenet, as laid down by this address, 49,
"a strict construction of the Constitution of the
United States"
|, is desirable in the prosecution of every in
auiry af er truth, TO fix with precision the mean
ing which the phrases employed are intended
to convey To accomplish this, | shall refer 10
the report of Madison, of 1900, because the
rules for the construction Of The Constitution OF
the United States, furnished by this unrivalled
State paper, are believed TO be correct, and be-
cause most of the politicians protesting the Re-
publican creed consider this as the textbook
of political orthodoxy" Upon an attentive pc
rusal of this report, the following rules, as ex-
panaory of what is supposed TO be the mean
ing of this phrase and tenet, hope are correctly
deduced. (a) lst. If the power be expressed
in the Constitution, it may be exercised. I'd.
| If it be not expressed and it is not both neces-
sary and proper to carry into execution an ex-
press power the Federal Government is dest,
lule of all such authority. Sd. The intention
for and prevail. 4th. 1t must have the execu-
ton and effect intended BY them. 5th That this
meaning and intention must be sought for in the
cotemporaneous discussions, while it was franz
ing, and discussed and ratified. Let Mr. Van
Buren, be subjected TO this test. Is he a strict
ted States2 BY reference TO his Message to
the Congress on the oath December, 1899, he
says:
"By the provisions of the Constitution, it is only
in consequence Of appropriations made by law,
that money can be drawn from the Treasury. No
instance has occurred, since the estabshm ent of
the Government in which the Executive, though a
component part OF the Legislative power, has in
terposed on objection to an appropriation bill on
the sole ground Of its ertraragdnoe. His duty, in
this respect has been considered fulfilled by request
ing such appropriations only the public service
may be reasonably exi ected 10 require
Before making any analysis of this extract,
so as to place it in its proper light, it will be
proper to take survey Of different parts of the
| Constitution itself, which determine the mean.
| ing and throw light on those words employed in
that part Of the instrument which enforces the
duty Of the Executive in the cases to which
this extract from the Message refers:
"Art l. Sec V. A majority Of each House shall
constitute a quorum TO do business but smaller
Z number may adjourn from day to day and may be
authorized to compel the attendance Of absent
bers, 10 such manner, and under such penalties, as
each House NJ y provide"
A majority land nothing less shall constitute
quorum; and any attempt to transact business
with a smaller number, would not be sustained
by the Judiciary or the People. Here is posi-
tive obligation conveyed in peremptory words
A majority shall constitute a quorum; but a
smaller number may adjourn from day to day,
and may compel attendance of members
Unlike acts Of Parliament, and laws of Con-
gress, where the words "Dldy" and "sholr' are
often COMPOUNDED; these words have, 10 the
Constitution Of The United States, meanings
totally distinct and different from each other
la that instrument, the word shdip' is always
imperative. When nothing is left to discretion,
shall" Is used. On the contrary, the word
may is never employed in the Constitution
/ P.
but is used-lst. To designate power entirely
dscf etonary, and which it might be convent.
ent or optional to exercise and if not exercised.
could not be considered breach of duty or of
the Constitution. %. A particular discretion /,
to the details and arrangement Of a power.
positively enjoined 10 be exercised; and, 3Ily.
A contingency which may or may not happen.
1T will be found" says the Supreme Court that
: whenever particular object is 10 be effected the
language OF the Constitution 1, al,oays trnp,yaiire
{ and cannot be dsregarded without violating the
frs principle. Of public duty. On the other hand
there are powers given in language ,ohich impli,,
DISCRETION, as from the nature Of legislative power
such discreti'n must be exercised ~ Wheaton
1913, Martin rs. Hunters lessee.
The Federal Convention used these words in
senses totally different, and while framing the
Constitution, took regular votes to strike out the
one and insert the other BY reference to their
Journal, case for Illustration may be seen at
p. 32O:
Monday, September ,, l7s7.-It was moved and
seconded TO strike ont the words ought to- and TO
insert the word +" shall and TO strike out the oord
,haH, - and insert the word may in The report
entered the Journal OF the lst instant which mass
ed IN the affirmative, See also the Madison Pspers
Vol II, p. 2S2
Mr. Madison, in No. Lxxxv Of the Federalist
after vndicatng the 5th article Of the Consiitu-
ton Of the U. s says:
BY the 81 article Of the plan, Congress ,cu D,
obtgtd on application Of tho Legislature. of two
thirds Of the States, 10 call oonven ion for rropo
sing snsndmen's which shall be valid to al ip,.n.
snd purposes az part OF the Cons tuition when rs,; |
bed by the Legislatures Of three fourth. OF N,
S,sios or by convention. in three-fourths thereof
The words Of this Article ere t.remp,ory. Tb.