The enquirer. [volume] (Richmond, Va.) 1804-1815, 1812-07-17

But what, at last, is the TRUE QUESTION
| IN which the public are Interested 1t is,
whether, after having been qui56ied into Il
war, by distinctions between " conditions
precedent and conditions subsequent :" be-
tween g DEGREES afiec ing our neutral righ, $
ana DEGREES affecting our rights municitai-
y )" we shall now, under the mask of form,
be deprived Of the Substance of freedom OF
speech in the popular branch of the Legis-
iature whether we are content 20 be case,
and lose forever this invaluable privilege,
tor some aliedged went of nicely in special
pleading?
The right of illustrating and enforcing
his motion. violated for the first time in the
case OF Mr.. Randolph, was the last relic OF
freedom of debate, which new rules and
forced constructions had left untouChe d.
The present practice of the House of Rep
resentatives is an anomaly in legislative
proceedings. 1t is new in this country, and
there is nothing similar to it in England, or
in any of our state governments, rs far as !
am acquainted. The use made OF this " rule
to consider, which we practise in the
House OF Representative" (which RUE docs
not exist in the Rules and Orders OF the
House and the abuse of " the 81 hreui3us
QUESTION" are utterly subversivc~of the
rights OF the minority for the preservation Of
which rules are chiefly instituted, if we are
to credit high authority [Mr. Onslow j
the majority by their numbers being always
able TO protect themselves.
BY these member of the minority may
be and is prohibited from making any mo
ton whatsoevcr-and all discussion preclu-
ded at their pleasure, on such measures as
the majority choose to bring forward 1t is
notorious that fhe freUiouS gse8tion--in-
stead of being applied to its legitimate OBJ
jects, that is, when subject is brought
forward ofa delicate nature, as 20 high per-
sonaSes, &c. or the discussion of which
may call forth injurious observations (a)--is
brought into play altogether on those great
topics which especially demand discussion !;
and hence the recent change of the rule
which requires majority to demand the
previous question. instead OF " any fve
men6erS" as heretofore. Fortunately, the
Constitution secures that " the yeas and
nays shall be taken at the requisition
ca one-ffth OF the members present -
but. even this provision is greatly evaded
By secret sessions, which lock the vote and
the subject from tie public eye.
But the practice ofthe British Parliament
is quoted i'll Justification Of the conduct of
the House Of Representatives. I defy any
man to shew an Instance in which a M ember
of that Parliament has been subjected to the
coercion exercised in the case of MIR. Ran
dolph. A motion 10 proceed to the or
ders Cf the day puts by whatever subject is
under consideration. "--because the orders
OF the day have there, rs they have here, &
preference over ordinary questions. But
there is mode in that Parliament, aualo-
gog- to the one lately devised & set up here of
preventing a member from bringing forward
4 nation on any subject IL Tor lcgisla i've
deiiberatlon, and illustrating and enforcing
1t by every argument III his power. Such
tyranny would net be borne. Neither would
hey endure that member OF the 1pposi
ton should be repeatedly interrupted upon
the same plea oT order, and By the same
member OF the court-party, after repeated
decisions Of the char ia his favor. The Bri-
fish House of Com mons present tlteir Spea-
Ser to the crown for is luomuall appruba-
ton, they even ask for The continuation of
their ancient p'iYtedgcS ; Elt under tAiS
exterior G. humility and defcTancc towards
the throne, the, nave sturdiy maintained
their rights SINCE ne } -stora,ion, and IN no
legislative as -uII,y IS ,',c freedom Of speech
enJoyea in giea,er latitude CT security.
With al their venality and devotion to mi
nistcrs, the members If that hons. know
full well, that upon the Jealous preservation
of their privileges depends their weight IN
the constitution. = remains to be accl, whs
Their an American Congress Shall be justi-
fed by the public sentiment in out~Stripping
d British House o! Commons in miAistc.iu al
devotion IN proetrating, from motives of ca
price, temporary convenience, or party 3Di-
rit, any one of those great fundamental prin-
ciples, without a religious observance Of
which no free government can endure.
JOHN RANDOLPH Of Hoanoke.
Jniy2. 1912.