The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-04-11
ENQUIRER.
RICHMOND, HPRIL II, 1905.
VIEW
OF THE AFFAIRS OF PENNSYLVANIA.


of Pennsylvania, have finally determined TO |
refer the calling OF a Convention, TO the diff. |
erection of the PEOPLE: ard that they have |
founded their decfon unon the principle |
which ! have already f,pooret, that they
have no right to exercif. power, which the
peorlr have never relinquii'ed. They have
therefore contented the'rfelves with exprefIing |
their independent o-;rious, and referring the |
ultimate deciOn 20 the will of their conititu-
ents. They have declared their belief, that the |
contribution requires fonr amendments, but |
they afert that they have not the official right
70 fimmon Convention nor can they de- |
termine from the number Of the petitioners, |
whether fuch m-afure would be agreeable to |
the fentiments of the peoDle
Is the contribution of Psnrfy!v,nia 10 tefec. |
tive as 70 iuhify the calling of Convention TO |,
amend it becomes therefore queNion, emf |
nently entitled to the confederation of the peo-
pie.
On this omeftion. which we propofed to |
nveftiea'e after we had difnfTed the ouefiicn |
ct legislative power, we have time only to offer
4 few defItorv remarks.
We have already obfervrd. that in thofe con-
ftitutions, which have provided for their own
ar'endmen', two different proceifes have been
aiocted for this purpof-. Some have pro-
v'ded for 'he calling of convention others
devo'ved the power Of amending upon the or,li-
nary leeill7ture. There is a perccptb,e and
very efential difference i'm the tendency of
thefe two regulations. Conventions have n
much more unlimited power over the conititu-
/ tion than an ordinary Legislature. When the
peoDle eled the members of the convention,
they feIdom circumfcribe their agency bv giving
them fpcciic infruStions.
IT is true that particular grievances mnft have
been felt particular defects in the contribution
mutt have been deGgHated for otherwift the
convention wou'd never have been alIembIed
But II is not alwaystrre, that every individual
e'e6tor, when he gives his fuffrace TO a member
for the convention, vii! or can exprrfs the pre-
cifc conditions on which be delegates the truft
nor after he has been elected, that the majority
ofthe electors will always give him definite in
frntfions: nor if he receives them will it be
al~ays true that, he implicitly acqniefces in
tteie inftructions. ttmav thus frequently hap
pen, that majority of the convention will be
competed of men, refrained bv no inftruSt-
ons, and tied down to no innovation; A.
mendiDg what is wrong and fupplv;ng what
they conceive TO be defective annnlIing, al
terng or modifying every part of the corft-
tuition. as their patriotifu. their arrhi-
ton their felifh nte-eR. may diaate.
Very different is the operation of the other
mode of amendment. An ordinary 1eein store
! is not entrn.ted with an unlimited rover over
the conffitution but their conventional cha
ratter is confined IN few topics previonnv fe-
'ected and well underltood. The reafor ofthis
| is 70 be found in the preliminary neDs that are
taken for their appointment. II IS the Office of
the hr legislature TO pats bill, committing all
the contemplated amendments. & 70 pubii1, it A
certain time before the election OF the next lr
giilature, for the information of The people.
When the election is held, the electors viii not
| fail to recolle6 the new functions. with which
| they are about to clothe their representative
and they will fcarceIy fail TO felecf that canJi.
date, whole political opinions are mnR congo
NAL with their owl. What then is the confr-
quence ! When the legislature aiitmbIes, thew
find their conventional functions already dein
ed. Their inveftgaton is limited TO particu-
lar topics: they cannot ovcrfep the fpeciieti
objects of the bill: and even on thofe points,
| they have already collected the fentiments or
| received the innru6fionS ofthe peonIe.
To place then in one point of view the dif-
ferent effects which may rcfult from thefe differ
emf organizations, we may fay, that convent
ons are more friendly to extenfve innovation
than An ordinary Legislature: Conventions tend
more to diforder, agitation and warm debate ::
Conventions are not 70 well qualified TO
express the will of the majority of the people,
as the ordinary legislature.
| This difference could no longer exit thc
mild, limited and popular influence, of an ordi-
nary legislature, might equally Characterize an
extraordinary convention; if the people would
give definite inltructions if they would circum-
icr5e their powers TO partic ular objects: if
they would defgnate the particular articles of
the contribution, which required an amendment
Is it not then worthy of the care of the people
Of Pennsylvania to purfue this provident policy !?
Party fpirt is excited to an UNREASONABLE height
in that Respectable fate a zeal for innovation
has gone forth, which kindling in its progrefs,
and exafpirated by oppoGtion, may proftrate
| too many of the provilions Of their prefent con-
ftitntion. Isit not then worthy of fher regard.
to limit the powers of the convention, and di-
rect their enquiries to- few fpecified objects?
| The principal amendments which have been
already recommended are
Firf. To limit the duration oftfe executive
department, and the extenfon of executive pa
tronage, in making lucrative appointments.
Second. To reduce the election of fenators
from quadrennial to an annual period
Third. Tointroduce fiich a reform into the
Judiciary branch, as may render il lefs complex.
proiix and expenGye, and enable the citizens to
procure ju0ice without fail, denial or DELAY.
! Time will not fuffer me TO expatiate mon
each of thofe amendments. 1t is enough, If si-
fber of them is efficiently important to REQUIRE
the interference of convention. There is one.
which to my judgment appears extremely def
rable; and it is that, which relates to the or
p1uiGlttOu of fhP executive 10