The enquirer. [volume] (Richmond, Va.) 1804-1815, 1806-02-11
HOUSE OF DELEGATES.
January 9th, IT'S.

Keaions to be offered at the conference 70 he de.
hFed OF the fens.e in anwer to their reaous delivered
at the lat conference.
The iiou!e of Delegates, nor being fatislied with
inc urged by the ienatc in iupport of their a.
amendments to the refouton for allowing to Thomas
Jo'non' the iun OF t. Is s have deiired this e.
cond conference TO ihew the nutIiciency of the f,d
reaions and to propofe that ione expedient NAV b.
Adopted ny the two houcs FOR reconclinp their d;sie
renee of opinion.
The resemblance between the conlti,uent parts Of
our icg:il4ure aud that OF Great Britain is uppned
by the Senate 10 faint, that no ground remains for
thole Jealoniies which have prompted the Commons
OF GREAT brithn againit their houie of lords. This
might have been, and doubtlcfs was urged, at the
time our contribution was formed, as realop WHY
the Senate and delegates ihould have equal bowers
over money bills But the argument having been
the overrued, * the powers of the Senate as TO this
point being fixed, by the contribution ON the fame
reItrited footing with thofe of the Lords in the fr;
tim legislature, it's conceived to be the proper
queitIon oil this day whether the refemblante he
tween them in general be faint or ftrong well or III
grounded, but whether the contribution has no, mad.
them 20 reiembie in this point /?
had thoie who framed the contribution as fnop rs
they had complicated that work. been afked, man bv
man. what money bill was it is luppoied that man
by man, they would have referred for anlwer 10 tba
we" known laws and ufage of Parliament, or would
have formed their anfwer on the parliamentary idea
OF that term Its import this day NUT he the fame
as 1t vas then & IL would be objectionable now to
lend US to teek Its definition in the fnbfequent pro-
ceedngs OF that body, is would have been for he
at that day. to hve referred to flci PROCEEDINGS
before they had come into exiiience. The meaoino
OF the term mutt be fnppoied compleat at the time
they ued 1t. and to be fought for in tboIe reforrc.e
only which exifted at the time Contributions which
90 not reiut from the words the legator, but lie
hidden in his brea, til! called FORTH expoR fso, by
iu5equent occaons, dangerous and not to be inf
tiled by ordinary emergencies.
Nor do We, by this, fet up the parliament of Emo.
land, as the expotor of contribution but the law
OF parliament, as it exined and was evidenced bv
uaSe' at the time the term in queGon was inherited
IN our nitrument of government a law coevaI y;th
the common law itfelf, and no more liable, as adoor
ed by usto iubiequent change, from that body than
their common or ttatute law, which we have in like
manner adopted 10 iuPpoie this branch of law no-
exiting in our Code, would make the foundation d
our whole legal iyRem inca every legislative nro.
petition which has been palfed or re,eed tince the
iirit eitabhihment ct of Legislature in ibis country
mas been determined to be llw or NOT ,,vv Inv he
oy .he inrm OF parliamentary proceeding: With a.
little tce may it be faid that this is referrino for
the definition OF term to multiplied difnu,cs, which
nave Tor ages agtated te parliament of England, and
winch no time will decide thar it is rrovjDp ,yh,r il
VI
rs hxed; ince we conceive that refparchns inio mar
iiamcntary hiitory will deciiyely ihev that th.i,
practice III this matter mas been clear ixeI and Al,
tient and that Tor ages pat, ii as produced no nc i
tat'on uDieis we call by thar name fsmc gronijpC
aiertons OF the lords in the csurl of the Ian century
Yet theie aiertions, they departed from, in prafit
at the very time they advanced them and at nj t;,ne
aHer' thty taiid diaed by the declarations
the commons, and the conlant ulage of both houIes
n, tbsr 4 r
hfongeh evidence, what the law Of parliament If
TINS point 10 prove this right as uaforniy claimed
anu exercIed ny the commons, and alcnted 20 in prac
tiee by the lords, the Delegates will (uhion fon,
proceedings Of parliament in addition to the paGac,
| cited by the Senate
That bill for rafting money by way Of tax, is
money bill, is admitted by the Senate and need no
| therefore be proved.
That bills for rafting money by rates and in, ,oG,
ons on merchandise alto condcred as money bills
VIII appear on recurring to the parliamentary pro
ceedmgs OF 1871, in which il is affirmed that tber,
=" IL fundamental right in the houre of Common
alone in bills of rates ard inpolions on nereb,,
die as TO the matter, the meafure, and the time
and ALTO by their declaration of 1850 that the Com,
mons have always taken it for their undoubted pri
vege (of which they have ever been tender and
JeaIous) that in all aids given the King by the
commons the rate or tax ought not to be any wa,
altered by the Lords" which is fuppofed to be IN,
P-iiise cited by tue Senate as of the wear ib1I
That bills for applying forfetures in aid oftte pub
lie revenue are not amendable by the lords, appear
! BY tbeproeeedngs Of 100 on the hill for ep,iyAo
rf'h iorfeitTes to the ufe Of the public to which Ia,
lords were not permitted to make any amendments.
The right Of levying money in whatever way be-
INC thus exerclied by the commons as their executive
0ilee, It fellows neoeiary confequcnce thar the,
may ato exelulively drea its application" Cuius ed
dare, ejps cit dponere, is IN elementary prinenl,
both ol law and reafon. That he who riyes, ma,
direet the application Of the gift, or in other word
may dpoie Of it; thar, If he may give abiontelv h.
may aio carve out the conditions limitations prpn
les, and mealure Of the gift, feens a, evidently ,ru
as that the greater power contains the leer psrI;a
neniary uage has accordingly approved this reaCon
Jg. IN July iG7S, the commons refolVed TIA, II
their undolbed and lolc right TO direi, Iini, an,
appoint in al aids and fpplies ntedto III. Ero
the ends, Pg'peSs conditions, coifdera,ors n,i,a
tons qualifications Of fpch grams wlirl OUCH, M
be changed by the houfe Of lords; - in Deccr,Le,
OF the isne year, the commons having direqed IN
payment Of money, and che lord, ptcpofcd an amend
Aent thereto the former declared that their lord
lhPsnever be!me cl Inged any fuCh dfreiition mad
| on iuPPy grated BY TIE eon,n,ons; in 1901 en-
lords having amended bill for Rating and exs,n;r;n
oe pubic seeoustsby Sierths elsofe cor aIIogyin