Federal Assembly

“ The Federal constitution may be revised at any time. Fifty thousand voters petitioning for it, or the Federal Assembly (congress) demanding it, the question is submitted to the country. If the vote is in the affirmative, the Council of States (the senate) and the National Council (the house) are both dissolved. An election of these bodies takes place at once; the Assembly, fresh from the people, then makes the required revision and submits the revised constitution to the country. To stand, it must be supported by a majority of the voters and a majority of the twenty-two cantons. ”

“ Not an animated existence which has not the powers of defence. Not a political existence which ought not to possess it. In every Congress there has been a party opposed to federal measures? In every State assembly there has been a party opposed to federal measures. ”

“ Many of us, sir, said he, are officers of government; many of us have seats in the Senate and Assembly: let us, on this solemn occasion, forget the pride of office; let us consider ourselves as simple citizens, assembled to consult on measures that are to promote the happiness of our fellow-citizens. As magistrates, we may be unwilling to sacrifice any portion of the power of the state; as citizens, we have no interest in advancing the powers of the state at the expense of the Union. ”

“ Section 1st Whereas the General Assembly of this Commonwealth taking into their serious Consideration the Representations heretofore made to the Legislatures of the several States in the Union by the United States in Congress Assembled, and also weighing the difficulties under which the Confederated States now labour, are fully convinced of the necessity of revising the federal Constitution for the purpose of making such Alterations and amendments as the exigencies of our Public Affairs require. ”

“ And whereas it will become the imperious duty of the legislature of this state to exert themselves to ward off a blow so fatal to the liberties of a free people—
Resolved by this Assembly, That in case the plan and bill aforesaid, or any other bill on that subject, containing the principles aforesaid, shall be adopted, and assume the form of an act of Congress, the Governor of this state is hereby requested forthwith to convoke the General Assembly ”

“ This distinction being kept in view, all the difficulty will vanish, and we may easily conceive that the people of a large country may be represented as truly as those of a small one. An assembly constituted for general purposes may be fully competent to every federal regulation, without being too numerous for deliberate conduct. If the state governments were to be abolished, the question would wear a different face ”

“ The supreme legislative power of the United States of America to be vested in two distinct bodies of men, the one to be called the Assembly, the other the Senate, who, together, shall form the legislature of the United States, with power to pass all laws whatsoever, subject to the negative hereafter mentioned. ”

“ If ten men in our Assembly do the public business, may not the same observation extend to Congress? May not five men do the public business of the Union? But there is a great difference between the objects of legislation in Congress and those of the state legislatures. If the former be more complicated, there is a greater necessity of a full and adequate representation. ”

“ The first question here to be considered is, whether a spirit has, in sundry instances, been manifested by the federal government to enlarge its powers by forced constructions of the constitutional charter.
The General Assembly having declared their opinion, merely, by regretting, in general terms, that forced constructions for enlarging the federal powers have taken place, it does not appear to the committee necessary to go into a specification of every instance to which the resolution may allude. ”

“ It appears to your committee to be a plain principle, founded in common sense, illustrated by common practice, and essential to the nature of compacts, that, where resort can be had to no tribunal superior to the authority of the parties, the parties themselves must be the rightful judges, in the last resort, whether the bargain made has been pursued or violated. The Constitution of the United States was formed by the sanction of the states, given by each in its sovereign capacity. ”

“ The Legislature of the United States shall have power to pass all laws which they shall judge necessary to the common defence and general welfare of the Union: But no Bill, Resolution, or act of the Senate and Assembly shall have the force of a law until it shall have received the Assent of the President, or of the vice-President when exercising the powers of the President ”

“ That this Assembly most solemnly declares a warm attachment to the union of the states, to maintain which it pledges its powers; and that, for this end, it is their duty to watch over and oppose every infraction of those principles which constitute the only basis of that Union, because a faithful observance of them can alone secure its existence and the public happiness. ”

“ Resolved, That to preserve the Union and to support the constitution of the United States, it becomes the duty of this General Assembly, while it is cautious not to infringe upon the constitution and delegated powers and rights of the General Government, to be vigilant in guarding from usurpation and violation, those powers and rights which the good people of this State have expressly reserved to themselves, and have ever refused to delegate. ”

“ Resolved, That this Assembly views with deep regret, and explicitly disavows,the principles contained in the aforesaid resolutions, and particularly the opposition to the "Alien and Sedition Acts"—acts which the Constitution authorized, which the exigency of the country rendered necessary, which the constituted authorities have enacted, and which merit the entire approbation of this Assembly. ”

“ Upon the renewal of the requisition by the Federal authorities, Governor Griswold, on August 4, reconvened the Council, which body again recommended a non-compliance with the requisition, whereupon the Governor called the General Assembly in extra session on August 25, and in his message reviewed the situation. The General Assembly, on the same day, adopted a Report and Resolutions, extracts from which follow, and also a Declaration containing a justification of their action. ”

“ The most that could be said would be, that the punishment of libels, if it had the tendency ascribed to it, might prevent the occasion of passing or executing laws necessary and proper for the suppression of insurrections.
Has the federal government no power, then, to prevent as well as to punish resistance to the laws?
They have the power, which the Constitution deemed most proper, in their hands for the purpose. The Congress has power, before it happens, to pass laws for punishing it; and the executive and judiciary have power to enforce those laws when it does happen. ”

“ It is, indeed, distressing to reflect that it ever should have been made a question, whether the Constitution, on the whole face of which is seen so much labor to enumerate and define the several objects of federal power, could intend to introduce in the lump, in an indirect manner, and by a forced construction of a few phrases, the vast and multifarious jurisdiction involved in the common law—a law filling so many ample volumes; a law overspreading the entire field of legislation ”

“ And if there be no impropriety in declaring the unconstitutionality of proceedings in the federal government, where can there be the impropriety of communicating the declaration to other states, and inviting their concurrence in a like declaration? What is allowable for one, must be allowable for all; and a free communication among the states, where the Constitution imposes no restraint, is as allowable among the state governments as among other public bodies or private citizens. ”

“ A question would still occur, whether the Constitution had vested the discretionary power of admitting aliens in the federal government or in the state governments.
But it cannot be a true inference, that, because the admission of an alien is a favor, the favor may be revoked at pleasure. A grant of land to an individual may be of favor, not of right; but the moment the grant is made, the favor becomes a right, and must be forfeited before it can he taken away. To pardon a malefactor may be a favor, but the pardon is not, on that account, the less irrevocable. ”

“ On this footing the freedom of the press has stood; on this foundation it yet stands; and it will not be a breach, either of truth or of candor, to sav that no persons or presses are in the habit of more unrestrained animadversions on the proceedings and functionaries of the state governments than the persons and presses most zealous in vindicating the act of Congress for punishing similar animadversions on the government of the United States. ”

“ Laws of every kind may originate, without distinction, in either Chamber, with the exception of those on taxes or contributions, which must be proposed in the Chamber of Deputies, (Articles 51—57.)
In the formation of a law, the presence of a majority of Members in both Chambers is required, (Article 66.)
The principal attributes of the Congress are:—
To maintain the Federal Union of the States, their independence of each other, and the perfect equality of their rights and obligations. ”

“ As the propositions were agreed to by the committee of the whole House, the President was to be appointed by the national legislature; and as it was reported by the committee of detail, the choice was to be made by ballot, in such a manner that the States should have an equal voice in the appointment of this officer, as they, of right, ought to have; but those who wished as far as possible to establish a national instead of a federal government, made repeated attempts to have the President chosen by the people at large. ”

“ We may safely admit, however, that the house of representatives is not federative, and yet contend, with perfect security, that the legislative department is so. Congress consists of the house of representatives and senate. Neither is a complete legislature, in itself, and neither can pass any law without the concurrence of the other. And, as the senate is the peculiar representative of the States, no act of legislation whatever can be performed, without the consent of the States. ”

“ All our state constitutions now in force divide the powers of government among three departments,—legislative, executive, and judicial.
The Legislative Department—called in some states the Legislature, in others the General Assembly, and in still others the General Court— consists in every state of two branches or houses, usually known as the Senate and House of Representatives. In six states the legislature meets annually, and in all the rest biennially; the members of both branches are everywhere elected by the people, and serve from one to four years. ”

“ As we have found it necessary to give very extensive powers to the federal government both over the persons and estates of the citizens, we thought it right to draw one branch of the legislature immediately from the people, and that both wealth and numbers should be considered in the representation. ”

“ On the subject of a convention, the committee observe, that they entertain no doubt of the right of the Legislature to invite other states to a convention, and to join it themselves, for the great purposes of consulting for the general good, and of procuring amendments to the constitution, whenever they find that the practical construction given to it by the rulers, for the time being, is contrary to its true spirit and injurious to their immediate constituents. ”

“ Why should we fear so much greater dangers from our representatives there, than from those we have here? Why make so great a distinction between our representatives here, and in the federal government, where every branch is formed on the same principle—preserving throughout the representative, responsible character? We have trusted our lives, and every thing, to our state representatives. We have particularly committed our purse to them, with unlimited confidence. ”

“ If the deliberate exercise of dangerous powers, palpably withheld by the Constitution, could not justify the parties to it in interposing even so far as to arrest the progress of the evil, and thereby to preserve the Constitution itself, as well as to provide for the safety of the parties to it, there would be an end to all relief from usurped power, and a direct subversion of the rights specified or recognized under all the state constitutions, as well as a plain denial of the fundamental principle on which our independence itself was declared. ”

“ And can the wisdom of this policy be doubted by any one who reflects that to the press alone, checkered as it is with abuses, the world is indebted for all the triumphs which have been gained by reason and humanity over error and oppression; who reflects that to the same beneficent source the United States owe much of the lights which conducted them to the rank of a free and independent nation and which have improved their political system into a shape so auspicious to their happiness? ”