The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1867-02-07

and before the adoption of the Federal
Constitution, each of the thirteen peo-
pies originally composing the thirteen
colonies, had established for them
selves State agencies or Governments;
each conceding to theirs, such powers
as they saw fiji, and expressly defining
the powers SO granted in their written
Constitution, retaining all the rest or
residue of political power and sover-
eighty in themselves. These State
agencies had no superior agency or
Government Each Legislature had
uncontrolled sway within the HBits
prescribed, which the people alone could
take away. When the people adopted
the Federal Constitution in $3.50 they
met in Conventions in their
sovereign capacity, and resumed
and took back so much of
the powers previously granted TO their
State governments respectively, as. was
found necessary to clotherthe supreme
government with the powers It's con-
stitution awarded; and to that extent
curtailed the powers, of their State gov
ernment. Both governments are there
fore equally ''oriSiHdt," resting imme-
diately upon the people, and deriving
their powers from them, and both pos
sessing the powers expressly granted
aud defined by their respective consti-
tutions, with other subordinate powers
that are properly incidental thereto,
leaving all the residue of sovereignty
and power in the people. Hence rep
resentative in Congress is as directly
and Immediately responsible 10 the peo-
pie of his district, as delegate to our
Legislature is to the people of the
county that elects him; and the Presi-
dent of the United States to the people
thereof, as the Governor of West Vir-
ginia is TO her people. To prove this
beyond all cavil, copy the 9th and 10th
articles faman1manfEl "a nf 10 EalnraI
Constitution, which is the supreme LdIC
of the land, to which all decisions of
courts yield. Article 9Th reads thus:
The enumeration of the constitution
of certain rights shall not be construed
to deny or dispGTG9e others retained by
the people," The omission to mention
States in this article implies that the
erection of the supreme government
did cltTtdu and ''dLSpGrd9e" the power
the State had previously held, and at
the same time demonstrates that powers
and sovereignty did remain an the peo-
pie, otherwise they could not be SAID to
retain" them. Article 10Th reads thus:
''The powers not delegated to the United
States by the constitution, nor prohibi
ted by it to the States, are reSerUed to
the States respectively, or to the people"
How could power be said TO be ''re-
served" to the people, il at that time, it
was all vested, except what had passed
~ SAN III AhtlE
then existing State Legislatures or gov
ernments? This is the way the great
founders of our institutions with
Washington at their head, tell US our
governments are constructed.
the power therefore vested in our
Legislature by article 4th of our con-
stitution, IS limited by the Ue,,y nature
and genius OF Our iJtStilIttiOJLS, TO the OBJ
ject and purposes contemplated by its
makers; whose intention and Will could
be gathered from a survey of the IohoLe
instrument. All other power not con-
ceded TO the National Government, re-
main vested in our people. The people
must hold their public servants 10 this
limit, or the restraints and safeguards
intended TO be secured by our constitu-
ton, will soon become frittered away,
and our Legislature will become as om-
nlpotent as that of the old State, or the
English Parliament. The doctrine of
'State Rights" with the rebellion it be-
got, has been washed out with the peo-
pies blood, and it is beyond the power
of any OF our public servants TO esur-
rect it under the guise of a "souereigIl'
Legislature.
1 hoped TO have finished with this
number, but see it is already too long.
will therefore, compare the items of
the estimate with the powers and
privileges l have described our Legis-
lature TO possess, in another number.
Very Respectfully, G.P.
February i, 1867