Lexington weekly intelligencer. (Lexington, Mo.) 1871-1887, 1884-05-17

ereigntv of the several states: and against di-
rect taxation by the general government. 1t
wished the word 'other" inserted between |
''nO' and "religiOus'' in Art. vi: Sect. 3. 1t |
also declared thai ''no section of the constitu-
ton warrants construction. that the states |
do not retain every pt wer not expressly re-
llnquished by them, and vested In the general
government of the Union"
In the Virginia act Of ratification, these
words are iound:--"The powers granted un-
der the constitution, being derived from the
people Of the United States, may be resumed
by them. whensoever the same shall be per-
verted to their injury or oppression, aud that
every power not granted thereby remains
with them, aud ut their will; that, therefore,
no right of any denomination can be cancelled,
abridged. restrained, or modified by
any department or officer of the United States,
except in those instances in which power Is
given by the constitution for those purposes"
This was due to the influence of Patrick
Henry aud his associates, but did not secure
their votes. 1t will be observed that this is
not an assertion OF states rights, but of a
strict construction of the constitution and of
the natural rights Of the people. Virginia
also proposed twenty amendments, the first
of which is similar to tile tenth amendment to
the constitution. .--.
The action OF New York Is much more
voluminous. 1t is made up mainly of an as
sertion in detail of the ordinary bill of rights,
since incorporated into the constitution In the
first eight amendments. In addition 1t favors
strict construction of the federal powers
granted; all election Of president once in four
years, although the incumbent may be filling
n vacancy; the right of the states to district
themselves for the election Of representatives; !;
er post fdcto prohibition extends only to GRIM
| inal legislation all common law appeals ought
| to be by writ of error; the federal judicial
power does not extend to criminal prOsecu-
tions in which state is party, or to q suit
by person against state; nor to citizens Of
the same state except in land grants from diff
ferent states; nor is it to be increased by any
faction, cOllusion, or mere suggestion; no
treaty is to alter any state constitution; Its
militia not to he called out of the state longer
than for six weeks, except with the consent
| Of the state legislature no excise duty is 10
be imposed except on ardent spirits; and
similar provisions, such rs we have already
seen, as to congressional interference In elec-
tions to the federal legislature and as to direct
taxes. With all these conditions, the con-
stitution received 4 majority Of only three IN
the convention of New York.
The provisos of Rhode Island are very sim.
liar to those of New York, and as volumin.
Gus. This state by popular vote at first
overwhelmingly rejected the constitution, and
afterwards ratified by vote Of "a to 80. l,
prOnOunces for a strict construction and tht
reserved rights OF the states; for frequent
elections OF the federal legislators and execu
f tives; against the power of suspending laws
for religious scruples as to bearing arms
against any capitation tax: for the bill o
, rights aud, rs the other states had done
/ against interference with elections and direc
taxes.
All the states ratified by conventions, call
f ed by their respective legislatures. They al
, did SO In the name of the people Of thei
r state.
: 1t is manifest from this survey that on
fathers were jealous of their liberties and O
e the rights of their states; and that quite
e large and respectable number of them viewe'
.
r strong government and departing too ia
f from their wishes as to confederation a
the states. 1t is also interesting to Observ
g til 1t the most extreme nationals in the feders
+: convention, not only advocated the adoption
e of the constitution by their states. but ais
e insisted that it formed a federal and not
3 consolidated government. This, however
Il must not be misinterpreted, as Mr.. Stephen
e has done. by the assertion that the national
: had failed to carry out their ideas In the fed
cral convention. That convention was dom
e mated by the nationals, and the constitutio
: is chiefly their work. Finding that the fed
e erals would not submit, they allowed 4 fe,
j. notifications, hut not enough to material
J. change the nature Of the government to b
It formed. The country was no longer 4 mel
n confederation Of Independent STATES, mel
u alliance offensive and defensive, with no con
: mon government. 1t was now nation. viii
: a political constitution forming the states inl
I a federal Union.
3 No. 10.
n 1t would he very interesting and instrnt
: tive to examine and set forth the histories
q interpretations which have been given to IL
II III tIt tlcUhttS VI Tue TdlllS
O conventions; in the decisions of the suprem
: court in the resolutions of the U. s. Senat
e like those offered by Calhoun Jan. 2l 1893
Is by Davis May :, 1860; in the acts Of stale le
/. isiatures. like the Virginia and kentuci
J. Resolutions of 1893, the Massachusetts, actiG
= in 1903, 1874 and 1S45, on the admission
l. Louisiana and Texas, and our own JacRsC
IS Resolutions; and in the great speeches
II Webster and Calhoun. Bnt for this tas
% Layman has not the leisure nor the abilit
J. and our readers probably would not have Il
# patience.
h We shall devote this paper 10 the
,e AMENDMENTS TO TIE CONSTITUTION.
.Ol As is well known there are now fifteen
he these. 1t may be well to refresh our min
W rs TO the modes in which amendments m;
be adopted. Two steps nre necessary; tn.
ID must be proposed and then they must be rat
h, fed. There are two ways in which they IN,
of be proposed; first, by !: two-thrds vote
at each house of congress. This is the ordinal
if plan, and the only one so far used. The 9th
5; is intended for more general overhaulil
d. and remodeling of the constitution, and is
" 4 general convention of all the states, hi
tn that OF 1877, called by congress Or the app
III cation of the legislatures of twO-thirds Of Il
~ states. When the amendments have be-
le proposed in either OF these two ways, the
,e before they become valid, they must be rati
j. ed, either by the legislatures of three fonrt
is ofthe states or by conventions in three-fOurt
as congress may determine. AS the fir
L. mode OF ratifying is more convenient and le
of expensive it has been, we believe, the i
ne variable plan recommended.
o. The first ten amendments were adopt
+. 1871. - soon practicable after the inaug
L. ration OF the government under the constit
II. tion; rs there was Il general deman.! for the
Is In the state ratfying conventions. The fiji
r. eight constitute what is commonly call,
to Tie RA Of Eiyits, covering as they do I
Ri ordinary civil rights Of the citizen. The Ill
TO provides for the freedom Of religion.
in speech, and OF the press, and for the right
iy petition. The SECOND gives the right to ke
as and bear arms. The third forbids the qtl.
Sc trring OF soldiers in private houses. T.
% fourth restricts the right OF search Al
II, seizure, and demands q legal warrant to ju
on tify the same. The nifty and sixth give t
es ordinary safeguards in the administration
IL criminal law. Tie seventh provides for ju
ny trial in civil cases. and fOrbids issues of f.
Sc being re-eXamined by the appellate cOur
in The eighth condemns and forbids eXcessi
Is punishmenis or bail.