Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1817-02-01

'"SiNe, an g''lng ~ Mtcn p0lilicai power
!" SlnS' freeholaerin the Eastern scci.-
On o. 'he country as j. possessed i,v five
pr SIX ~ ;ie v eStCrn, aud IN containing
no pf"'ts'On tor future amendments
ieN agree, 100, that IN these particulars
~ 'faS'' I, ought 10 be amended. But,
mere arecodieSsetliy other defects in the
which the experience Of -
Years has pointed Out-And the question
Is, whether we had not better complete
Inc worh OF reform at once, rather than
lhy prolonsing ~ to continue to agitate
he minds OF the People, and TO disturb
the public tranquility.
he gentlemen, who have gone before
me, have all INDUCED in high-wrought
panegyrics on the Constitution of this
State Considering IL as made on a sud
den emergency, by men not experienced
in this highest function OF legislation, it
well deserves their commentators. 1t
has, in the main, slcwn itself adapted 10
our character aud circumstances. But, it
owes much of this merit to the tcwneSs of
lis provisions. Sir if we can for Il mo-
ment divest ourselves of the feelings and
reco!iectlons by winch ii is cndeared, and
apply 10 II the severe test of reason and
truth, we must admit, that there are many
points III which II IS susceptible of i'm
provemcnt. To my weak Judgment. il
seems TO be defective, as il respects the
legislative, the executive, and The Judicial
Empowers. let not gentlemen he alarm
ca, when thus speak OF The Judiciary. ],
like themselves, value the independence
OF that branch OF the government as
one of the best and most important
OF oar political principles and the
only amendment | would make, would
he 10 secure this independence more
cffectuaIly. Godforbid! Mr.. Speaker.
should ever see Il judge swayed by
the breath of popular opinion. declare
now asi declared in the Staunton Con
yention, that no political abuse would
sooner make me fly from country, than
that It's Constitution should enable po-
pu'ar man 10 bias the decisions of the
courts OF justice. But, Sir, our Consiitu-
ton merely provides, that our Judges
shall have g fixed and adequate salaries :"
and, therefore, it has been contended,
that these salaries may be diminished at
the discretion of the Legislature. Yes,
Sir, if was insisted on this 6oor some
years ago, that the Legislature may re-
duce the salaries oftle judges without di-
mn'shing their duties ; and though that
proposition did moi receive the sanction
OF majority Of this House, vet that
which las been one day the opinion of a
respectable minority, may another day be
the opinion of the majority. If such
should be The construction of our Consti-
tuition, the Judges are more dependant
thanl think consistent with this most use
i"l end ofcIvil government, the steady
administration of justice between man
and man. The better TO secure their in
a. 4 4 a
IN Tie Constitution of the United States,
that TIER salaries should not be diminish
ed during their continuance in Office"
and, II possible, would provide, that ev
cry material increase of duty should be
accompanied with an Increase of paw.
The structure of the executive power
appears also TO be defective. From the
jealousy then entertained of this power.
the Governor was not allowed 10 act With
ont the advice of Council and as this bo-
dy consisted Of eight persons, if they were
equally divided, according TO the intent
on of the trainers Of the Constitution, and
the invariable practice under it, the Gov
erncr could not act. Ills, however, an
swered, that the same difficulty applies to
the Legislature. little members in either
House are equally divided. or iffhey do
NOT concur, there can he 10 law. But,
Slr, there seldom exists necessity for
new lawn very many, perhaps major
itvoi cases, ilie pro and con is not so muc;
concerning TIE particular provisions Of
the law, as whether any law at all be ne
cessary; and we are as often hurt by too
much Is too little legislation. But, Mr..
Sneaker, not so with the Executive-In
all cases. that power ought TO ait and in
some, upon their prompt and decisive &C
lion depends TIE safety of the Stale. |
know, that some of Our chief magistrates
have claimed the power Of acting, when
tier cabinet was thns rendered neuterbv
Il division. | remember to have heard
the gentleman, who is about to fill The
highest Office in the Union, say, that if
such case had occurred, on an impor-
tani occasion, while he was Governor of
this Commonwealth he should have cor
sidered If his duty to take care of the pub
lie welfare, and decide for himself Now,
Sir, suppOsiDg his exposition of the Exec
ntive power 10 be incorrect, What would
YOU say of that machine, which must be
broken before il can be putin operation
0rof the Constitution, which must be vio-
lated in order that itmav perform lis most
important functions? There are other
defects in this branch of the Government,
which having been already noticed, for
bear 10 mention.
As 10 tie Legislative power, mr. Speak
er, every man admits, that tie CONSTITUTE
on, which gives twodelegaies to tIesmal-
est county, and 10 more than two 10 any
other, though it may be FIVE, ten, or TWEEN
IS times as large. IS repugnant 10 the lust
estand safest principles OF republican po-
lily.