Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1812-02-20


i under consideration.
Whether the power. delegated, be execu-
tive, judicial, or legislative, it is TO be exer-
cised for the benefit of the community. Not
Tor that OF a part, but the whole, or, at least,
| a majority of the whole. The responsibility
OF the Governor, the Judge, or the Legislator
IS to that n,ajorify which has deputed him 10
ACT ia their place; to rct1rescnf them to de-
clare what shall be law, to Interpret what is
law, and to enforce its execution. If the ma
fnre OF the delegated power, does not alter
the degree Jreahon si6ffty, which attaches
To its exercise or change The tribunal, to
whom. the person exercising it, is amena-
Bile; or alter the end, for which it is exer-
cised neither can the manne, IN which t is
deiegafcd, have any such effect.
1 he end, especially, of all power, is fore
yer, the same. Should the majority of the
people provide that the executive magistrate
shall be elected, by persons whom they de-
Pute from their own body for that purpose,
! from . belief that their deputies will be able
| to make a better selection, than themselves ::
should they, fora similar reason, provide that
| thei- judges shall be appointed by the magis-
trate, so selected; will notthe magistrate and
the judge be equally, a serUdnt of the heohie,
as If Immediately elected 6y them ?-Yet it
has never been commended, although judicial
and executive power. are as derivative, as
| legislative, that any portion of the people has
right to instruct a judge or an executive
magistrate. The people are equally the con-
stituents of both. Suppose they provide, that
the Legislative power shall be exercised, by
certain number of persons selected By them
selves; will not such legislators be bound to
promote the great end of legislation, the ge-
neral weals Suppose they were to entrust
the election of those legislators, to an assem-
4 l.
selves, by their own act; would these legis-
latures, so elected, cease to be the servants
of the peoples Would they be bound to re-
gard the interests of the small assembly, by
| whom they were immediateiy chosen, more
| than those of any equal number of the people,
elsewhere to be founds Suppose they requi-
| red that the persons, so to be elected, should
reside in different districts of the territory in
habited by the whole people; would either
the rights OF the duties of the persons so E.
lected, be altered by this provision Suppose,
that instead of having one college of electors
for the whole legislative body, they were to
authorize the peoplein each of those districts,
of a certain age, and sex, and having certain
qualifications of property, to elect for their
respective districts, one, or more members of
| such legislature, would this alteration of
mode Of election, alter the obligations of the
particular members, or the object of their Ee-
giStafiou? Again. if the whole object of go
| vernment is the happiness Of the community,
il all the departments of government be but
| so many different means conducive to that
end, which the benefcence of God, teaches
man to believe is the object of his natural, as
well as his Political existence, what portion
does the legislature contribute towards this
happiness! 1t provides the rule, the law Of
his conduct What is lawi " Lee est SUM
ma ratio )" or in other words, "Law is the
perfection Of reason" An English Judge de-
fines law to be g a rule of conduct, prcscri.
bed by the supreme power in state, COM
manding what is right and prohibiting what
is wrong" Grecian orator, explains ithe
design and object of law to be, "to ascertain
what is just, honorable, and expedient;" and
when that is discovered, to proclaim it, "as
a general ordinance, equal and impartial to
ALL" How then, may it be asked, is the per-
lection of reason to be attained, how is the
legislature to discover what is right and
wrong, just, honorable and expedient, Two
qualities are requisite to form good laws
Wisdom and Virtue. Wisdom to discern
the best means of promoting the interests &
happiness of society, and Virtue to induce
the employment of those means. Every mo-
Obligation of the legislative department the
number of branches, into which il is divided ;
the number of members composing each
branch; their qualifications; their mode OF
election; the duration of their service, and
their rules of proceeding, all, have relation
to those special objects,-y-How did the ma
jority ofthe people legislate before they dele
gated to others the power of making laws for
them! They assembled, they consulted to-
gether, they deliberated, and only then, final.
ly decided what should be law. They grew
in numbers; they found their assemblies two
large; the heat Of debate, too often, precipi
tated their decisions and the deliberation.
which began in friendship, ended in discord
Their territory extended with their number.
their relations multiplied as wealth ant
luxury spread among them theinlaws be.
came voluminous, and legislation ~ science
ofitself Hence. arose the necessity of dele
. eating the power oflcgislatiou to a select as
sembly of men, chosen for their talents, theil
learning, and their virtue. to do, what the
people, IN their collective capacity, could M
longer do, for themselves. To Consult, to de
liberate and to decide upon the interests o
an extended commonwealth interests, diver
siiicd by the manners, temper, habits ant
pursuits Of the people; by the climate, sol
: and productions of the various districts O
their country, together with all tie modifca
tons Of these, by commerce, negotiation, ant
: war, with Eeighboring or distant nations
b And will not these objects really REQUIRE al
, the industry, all the talents, all the learning
and all the patriotic zeal Of the wisest as
sembly OF men, aided by consultation and de
: Liberation among themselves Ifbv repre
sentation they have reduced the number n
those who compose the legislative body. thei
obligations to promote the public good are nm
altered; they are still, 10 deliberate, as wei