Martinsburgh gazette. [volume] (Martinsburgh, Va. [W. Va.]) 1810-1825, 1812-01-24
Whole No. 600.

another which lasts only as long as he
chooses, and terminates at his nod. Now.
whether this power be exercised, BY one,
or many, it matters not. The principle of
civil liberty is gone, when the inherent and
absolute nature of the right is gone.
Apply this reasoning to the case before
us. 1t is impossible to conceal the fact.
that as our rules and orders stand, iudepen-
dent of the proposition, now offered as an
amendment. il is the posoer Of meieriiy,
TO preclude all debate, upon any question,
and force epery memter Of the house to v9fe,
upon any proposition, sv;fhouf giuing him
the opportunity efexpiaining MS GUN rea-
| sons, or stating the Interests Of his cons,i~
suenfs. This is undeniable, rs il rot then.
plain and conclusive, that as our rules aud
orders now stand, according to recent con-
struction, every member Of this house holds
his right of speaking, not on the principle
| of the interest, absolute and independent
right of his constituents, whose ,represen.
| tative he is, but upon the will of the ma
jority of this house !--For that which ano,
Their may at any time take away from me, I
hold not by my own right, but at his wilt.
Can any thing be more obviously at vari-
the FIRST principles of civil liberty!
Let not any man say this power will not
be abused. In the nature OF things it must
be abused. This is the favoritc argument
| Of every despo,ism, and of course, will not
fail to be urged, when it is about to plant
itself in the very temple of liberty.
| have chosen to consider this subject in
relation to the right of the whole body, and
of one of its, individual members, rather
than to that Of a majority and minority
The right to speak is an individual right
Limit it as you please, consistent with a
single exercise Of that right But when
this is taken away, or precisely the same
thing, SO far as it respects the principle Of
civil liberty, when 1t is in the power Of one
or many, at its sovereign will and pleasure,
to take il away there is no longer any right.
We have our tenure Of speech as the slave
has his-at the will Of MASTER
! But il is said the Legislature must some
times ''act," and that individuals, by an a.
buse of this Liberty of speech, prevent the
whole body from acting" And say Ii
NIT the exercise Of the right as you please.
only do not assume to yourselves the power
of taking away the whole right at your plea
sure.
1t is, in this doctrine Of stthe necessity of
acting" that lies the whole mystery of thas
error, which we are now combatting.-.
Strictly speaking, a legislative body never
"acts." Its province is to deliberate and
decide. ''Action" io, alone, correctly at
tributable to the executive. And it will be
found, that all the cases, in which this me-
cessity of s'action" has been. urged, have
been cases In which the Legislative body has
departed from its appropriated duties Of
deliberation and decision, and descended
to be an instrument or engine of the execu-
tive. hesitate not to say. that this posi-
ton may be proved by almost every in
stance in which this necessity of action has
been urged. II was an executive haste to
its own purposes, which prevailed upon the
legislative body to deny to its own meme
bers, their privileges.
1t has been asserted, that, eff this amend
ment passes, this will be the only delibcra.
tive body in the world, which cannot stop
debate" On the other hand assert, that
il this amendment does not pass, this will
be the only deliberative body in the world,
pretending to be free, in which it is in the
power of majority to force a decision,
without any deliberation., 1t is not true,
that in the British parliament, the previous
question stops debate and forces decision
on the main question without deliberation.
The previous question there, if decided in
the negative, suppresses debate, by post
ponag the main question. And until 1907,
the practice and rules Of this house permit
ted debate Of the main question, after an
affirmative decision of a previous question.
Whoever undertakes to examine the sub
siect, wiIIfnd it as have stated.