Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1817-02-08

.Lc .,eoDle of the WEST, orWnetiicrtncy VIII
.,,le a mag,,animous surrenderoi power
,,non the altar OF public Justice, another
,,seL will decide. Inc appeal be fairly
,raIe TO their lore cfWInc'pfe, and VIII
nv sunnose that il will he made III vain
~, That they are liberal aud enliglit-
inaJ men. and am sure they prize too
i.;r,,y the preat republican maxInis upon
.,.h7,cL oar liberties rest, 10 suppose for i
,,oment that they have any wish TO retain
lever in their hands 10 which they are
,ot ;ustlv entitled: Or, that like proud
md ambitious men, III other ages oi the
,,nrld. they wilclng 10 a " litfe 6ricf an
,So,;ty." in defiance of the voice of their
No steps have been taken yet in rela
,;on 10 this measure, which threatened
,Ic tranquility ofthe State. The Staun-
TON Convention, composed of some ofiie
.;rst and greatest men in Virginia, have
wisely placed the grievances of the upper
country again before the Legislature
Nothing has been done yet without Lee
cislatiye authority. 1t has, indeed, been
Urged, andwiihall the charm ofeioquence,
that the Legislature have no power TO
fake any steps i'll relation to tins subject.
If the Legislature were about to amend
the Constitution, the argument wonld be
presumed. 1.-THE Constitution is amend
cd or altered it is admitted If must be
done by "A Contention, and the amendment
or alteration would certainly not he iii
,u,.srsancc of tic Constitution. but III pursu-
ance of the auth rty OF the people. But,
cannot the Legislature make law. the
object of which is to nd tie people Ill ex-
pressing their own sentiments Ill retition
TO the Constitution In passing such Il
law, do they violate any one of rs provI-
sions. impairi lis force, or make upon 1t
the slightest alteration After the pas
saye Of such law, the Constitution would
continue in existence until the people, lii
Convention, would think proper TO aier
1t. The Legislature, 1t Is certaln cannot
act in Il judicial or executive capacity
But, in passing such law, Is 1t prctendcd
that it acts in either of these capacities!
certainly not 1t neither expounds nor
executes existing laws. 1t creates a new
one. and in so doing, IFS acts strictly with
in a legislative capacity-If this new law
violates any one of the provisions of the
Constitution, let it be slicwn. Congress
can do nothing without express authority
from the Constitution of the u. States.-
But no man will pretend To apply this
rule of construct on TO the Stale Legis-
laturc The latter can do every thing in
a legislative capacity, from which ii is not
expressly prohibited by the Constitution.
There is no such express prohibition a.
gainst the law in question-it does not
invade the executive or Judicial aatliori-
tv-It therefore does no violence TO the
Constitution.
But its tendency is TO produce an a
mandment ofthe Constitution therefore,
1t is argued, ii is a violation ofthe Con-
NJ. OILY, IN, oh tl,a
laws, so long as they are unrepealed by
The Legislature But If this doctrine be
true, we can do no act, the tendency of
which is to produce an amendment ofthe
laws, without violating them. The Go
vernon, then, whose duty il is TO execute
the laws, and to act i'll obedience 10 them
In all cases, cannot recommend repeal
or an amendment ofany the laws, with
ont violating them The tendency of his
recommendation is certainly to destroy
that which he has sworn 10 support
That he is constitutional officer does
not, liz my opinion, impair the force OF
The argument. The Executive act isndey
The lasgs as much as they do under the
Constellation Suppose there was Il proy-
sion IN the Constitutions. by which it
could be amesded by two thirds OF the
Legislature, could not the Governor re-
nent of that Instrument Gould lie not
thus do an act, the tendency ofwhich
would be to alter the power under which
lie was created The people have the
power, which, with the supposed provi-
sion, two thirds OF the Legislature would
have. and to facilitate the exercise of this
power, the law i'll question is intended.
AS has been stated, it does not alter the
Constitution, or command the people 10
alter it-It is merely rule of action to
certain officers, by which the opinions of
the people i'll relation 70 their Constitu-
fion are TO be collected.
But there has been All ath taken in the
Council Chamber, il is said, by every
member, before he is permitted TO enter
the Hall of legislation, solemnly to sup
port the COa5fjiRtioa Of the Staie. This
oath has been registered III Heavens
Clianccry, and it IS contended that no
man who has taken it, can do any act,
the tendency of which would be To alter
the Instrument ne has thus sworn to sup
port, without inflcting wound upon his
own conscience, and blasting lis reputa
ton forever.
The oath alluded to, | presume, is tile
oath of fidelity TO tie Commonwealth,
which is taken by every Officer OF the go
Yernment, from the highest to the lowest.
al the Judges, Magistrates, Militia OH
GERS, Constables, DC. believe are COM
PEELED TO take it. 1t is in the following
words, "I do swear to he faithful and