Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1813-12-27

ole righ. 10 De crccntcd ny Man in his Wativc,
and nor IN his REPRESENTATIVE character.
(Coaciuded
It subject of no small consolation to me, that
should have been more fortunate searching the
chieves OF this couatry for precedents than the General
Assembly, and greater consiation still, rd that ali
these precedents freely justify the views, entertain
upon this fundamental Question For the views of it,
both by the General Assembly and myself, beg to
refer you to tie statement of the question contained in
my reply to the General Assembly in the following
words:
ly solely for the derivation of its rights instruct and
command, by consequences from the right choose,
has resorted to another principle for its Derivation which
according to my Judgment IS still unfounded and
extraordinary. This principle seems to have been re-
sorted i'll consequence of supposed difficulties in eff
fectuatng the right OF Instructions, if retained by the
people in their native, original capacities. II will
be Observed that The mere difficulties, nconvenien-
ces of executing right by the people, be nc jus
thcaton for depriving them of it altogether and the
assumption of it in other hands. The reasoning
would justify the executive, judiciary any other
er body OF men, in the same deprivation and assump
ton. But whilst the General Assembly deriving its
right to instruct through the medium OF the difficulties
inconveniences OF executing the retained right Of the
people by themselves individually, it will Of course
admit, that the General Assembly is itself subject
the instructions OF these people; the difficulties
inconVeniences of eifectaay nstructing the General
Assembly by the people of Virginia, precisely the
same with those Of instrucng the Senators in The Con-
gresS of the United States To make the Instruction
effectua would require majority of the people the
case we'll as the other and very little diff
Guilty either case, whenever the magnitude the
casion should call for their interpretation II is Just
easy by county meetings to instruct the Senator's
elect the members the General Assembly in the same
mode, which is done every year without the LEASE diff
Guilty Inconvenience If therefore, this consideration
OF difficulty and Inconvenience, would justify the Gene
raj Assembly dcprivpg the people of their retained
right to Instruct their Senator'S in Congress- the same
consideration would justify it in depriving the people Of
the right instruct the General Assembly itself. This
retained right CT The people, the General Assembly has
often admitted and by solemn votes more than once
hei; he fiteir
paCes 20 exercise the right i'll relation to itself. This
has been done more than once, l believe, upon the
question of calling convention alter the Constitution
Of the state, with which majority Of the people, &C"
Cordts my information, has often refused TO com
ply. But, es might do justice TO this principle
and the reasoning upon which It'll founded, By gcue-
raj description beg leave to present to the view
OF the General Assembly in the words OF The pream-
bic.
The several state ccnstitutions-say:ng the pee-
pie the sole right TO alter, amend bolsh the forms
of misunderstanding certain other great natural
rights, which the legislatures are forbidden touch
and excepting certain powers specified in Che eonstitu
ton OF the United States, which transferred by the
people and by the states from the state govern
TO the general goverrmeEt-de certainly veSt in The
state legislatures. every osver and Gtui6ue Of sove-
7etng 7vhh the feohte Themselves sv0d oEHeTsyise
exercise in ferson. Those legislatures in fact in
the daily exercise Of all powers belonging the sta tie
so' ere igny, except those thus forbidden to theni.
Now the power instruct the Senators cf the states IN
Congress- has not been forbidden by the state constitu
tions TO the state iegsaturesand retained by the peo
pie in their hands. Therefore, the state Iegisla-
fur may exercise this act OF Sovereignty this right Of
instrnc;ng their Senators, properly as they nay e-
ercise any of these powers which they exercSe daily
without any doubt about their right and which yet are
not granted to them by any express delegation"
The principle asserted here is that the several state
constitutions except in certain excepted cases. do GER
fainl UeSf in the state legislatures every oyver and
attribute Of soVeregnty qVbcn tie cghle you'd other
syise exercise IN HeTson surely the General Assembly
could not have aentively considered this principle in
all its extent and consequences, never coud ha We
accorded 20 il, tie high sanction Gifts authority.
Alrights according to this principle, expressly
reserved the people in their state constituti>
on, with the general exceptions before noticed are
claimed By the General Assembly be exercised by it
in the manner in which individual person
might do for himself in his individual capacity With
trenchDg at upon the rights contained in the
general exceptions enreat the General Assembly TO
reflect upon the nny OF the precious rights en-
ioyed by man in his native character which would be
embraced by this sweeping claim underlined powers
All the rights growing Of social and domestic inter-
which constitute almost the of humane hap
pHess, ana WHICH have heretofore been considered
una!ienable, well the right Of Instructions would
be embraced by it. According IT, the right Of choos-
ing vie would be better performed by the General
Assembly in It's corporate character than by the ndi-
vidual person who be the husband in his original
character. The right Of choosing fisnd-the right
OF choosing occupaton-tbe right # appropfiatlng
moments 10 labor amusements-the right Of diver
styling amusementsthe right Of tidnkingthe right OF
speakng-the right of instructnga representative &c
&c and others inumerabe, and as precious as they
nuHberess, all could b. exercised by the General
Assembly ia It's corporate Character better than by the
individual in his original, native Character. Ihe inn
peria government of France has recently afforded an
example Of qualified exercise of Of these rights.
Napoleon the Great has Thought himself better Judge
Of the proper persons for husbands for ali the girls of
France who are entitled TO an annual income of two
thousand franks, than the girls themselves and has
accordingly deCreed that girl in France possessing
an estate to that amount, shall be married without his
di yidal consent.
It's impossible to presume that the General Assem-