Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1817-01-28

= and from winch we derive our existence
gives us no such power. call upon gen
tiemeE TO lay their finger upon that claus.
oi 1t, winch coiiters on us the power [,
change 1.-THE parricidai pcwerto desiro,
the Instrument of our creation.-So fal
from concedng this power, 1t actually
contains other provisions, which are in
c0mpatiOlewith IFS eXerciSe.-i.et us ex-
anime this question, Sir.
haze read this Constitution, (said
Mr.. I } comprehcndiu, the Bill OF Rights,
which consider as a pant OF the Comsii-
tUtlUn; have bestowed the utmos, attea-
ton upon il 4; and can discern only two
clauses, which confer upon tbs any legi.a-
tive power-One clause, which declares
that the Legislative (departmcnN shall
reformed OF two distinct branches, who,
together, shall be q complete fegtSigtaye"-
and the other, which confers legislative
powers upon the Senate and House of
BurgesSrs. Does either of these clauses
give us the power To- adopt the Substitute
before YOU, directly orind,. a,ly These
two clauses may d;ilcrin Their expressions
yet they are the same in the ideas they
express, amt the powers they convey
For, Il we constitute Il complete legisla-
ture, IT Is because we are endowed with
all Legislative powers and the endow-
ment with all legislative powers consti-
tutes US Il complete legislature There is,
then, but one grant OF power; which is, 10
permit us To exercise complete legislailve
powers. Let us, then, see whether this
general clause gives us any authority 10
adopt the Substitute now upon your Ia
bic otherwise, Sir, must repeat, ii Is
rankusurpation. The burden of proof is
indeedon the gentlemen, who bring for
ward the proposition. IL is for them TO
demonstrate our power, and for us 10 an
swcr. But, Sir, will even take upon
myself 10 prove a negative, and TO show
TO Your satisfaction that no such power
CaU exist.
Ia all governments, like ours, acting I'M
der written constitution, the very tactof
there being L written constitution is ii suf-
iicient proof that the governors are COM
pletely bound by the provisions of the in
strument. The very Use of that inslru-
mcnt is, TO bud the authority 81 the gov
errors, and 10 protect the rights OF The 90
verned. When, then, the Legislature ex-
cTcises any power, il must he exercised IN
pursuance the Constitution otherwise,
ii Is not a legal act, but an uSuipation by
men pretending TO exercise the authority
OF the Legislature. Ii is not measure
binding on the People; but guoed Aoc, il
ceases TO be legislative power--as void,
as nugatory, would it be 10 pass an act
not IN pursuance of the Constitution, as it
would be for the judiciary TO pass any act
not withInthe compass OF their power.
But is IT notan absurdity, the widest
absurdIty, to say that we are competent
To pass an act III pursuance of this Con
stitution, the very end and object ofwhich
Is the destruction OF the Constitution
Yet such is the Substitute on your table
Il is all act, calculated to cxtinguSh the
instrument from which it preteDdS TO de
rive lis authority. 1t is not then legis-
tiVeact; il is an unauthorized measure,
therefore Void, therefore not valid, be-
caase II is not made i'll pursuance of the
Constitution.
Again, Sir-Eyery legislature possesses
the same power as the prace ing one
They derive their grant ofauthority from
III the language OF onr Constitution, each
Of them Is complete legislature. The
idea, therefore, of anrrecOnciieablc act is
al abSurditv, because it denies 10 one le
gislature the same rights as tie ether {;
and the power 10 repeal is a. great as the
power Ia enact. But, call a Convention,
assume the power 20 dot, and what's the
consequence Tou pat it 0ut of the
power OF "a sue cediHg legislature to re-
,,ndiatc yonr act Suppose the Legisla-
Jnre should meet in May IL one room of
7gis Capitol, and the Convention whom
YOU have summoned should assemble in
another, could that Legislature annilIi-
fStc The Convention! Could they repeal
the act of their predecessors Because,
ii If was bnt the CNc'..ise OF q IegSaiIt e
Icwer, il is Il power incident TO alt lcgisla-
fares TO do what ;heir predecessors had
done.
MIR. T. said, hehal iIins shown that the
power to enact this Substitute Is not de
rived from any general grant, or any spe-
cial clause III the Constitution. " hat
was it then but rank usnrpalion Writ
zen Constitutions were formed to secure
the liberties of tiic people they were de-
signed as means, to limit ami check the
power OF The governors. Was IL not then
absurd to attempt 10 infer p0Weriiom
these Instruments, which was but calCu-
lated 10 destroy the very means which the
people had invented for their protection !
No power could he drawn from any in
s;fUmcnt by Inference, which was IN dI-
rect opposition 20 the granted powers
J., If not then absurd 10 infer power,
FROM any Constitution, which really lnhi-
bits IL A right to call a Convention, ia
abolish Constitution, under which a
lone any power is pretended to be held
Bat, we are told, that it IS not the Le
gislaiure which viii assume this power
tilat the power is ~ fact exercised by tn,
pcoplc themselves thatn is not wc whC
8ler the Constitution, but that we mere
" call OH tie people themselves TO ate
It. But tie Legislature has as much RICH