Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1824-07-09

II has in particular, several occasions, changed
the period of election aud on the last occasion not
only introduced septennal in place OF tricnniai cleo
tons; but by tile same act continued themselves in
place four years beyond the term for which they
were elected by the people" The writ of habeas
corpus which is not only considered here, but in
England, the most valuable safeguards of per-
sonal liberty, has been, i'll that country, Il beiieve
suspended several occasions, by ITS Parliament.
The powers of our legislature would be co-exten-
sve with those of the English Parliament Were il no:
for the constitution of the United States. Were il
for that insrunen. the habcos corpus act might
be suspended, repealed by the Legislative of Vir
ginia and for any period Of time that its members
might think proper. Like the Il. Parliament they
might continue themselves in office for four, for
twenty years longer, than the term for which they
were elected. They could after being elected pass
| n law tSthat effect: They could have much
right To do it 5 they have to pass any other law;
there being law in the land paramount to the
laws which are passed by them. After having pass
cd such Il law they might suspend the hdbeaScorpus
act for the time that they might wish to continue
themselves in Office; They might appoint all the
executive and judiciary officers of the state: And
they might appoint such would be willing to he
come the instruments of their oppressive and tyran
cal meusurcs-It would be the interest of those me,,
as they received their appointments from the legis
'turc TO that its DEGREES carried into exc
cution The people would be compelled to- submit
patiently to the CALLING yoke. appeal to the sword
tor reiiei!-Fortunafcly for us the constitution of
the u s. extends its protection to the rights of the
people Of Virg.; at least to those which most
highly priced: But suppose there were dissolu-
uou OIL the union, and Il consequent abandonment
oil the constitution by the states, what protection
would 1t then afford to the rights and liberties of
'lrginians. suppose that when this dissolution
took place there should be corrupt and ambitious
men i'll our Assembly; aud that they aspired TO no
thing less than the continuing of themselves i'm of.
flee for ten years; (Which would be time sufficient
Tor them to acquire degice of influence that would
crush oppasition and that they were to pass laws for
the maintainance of their transenilency ?-Who
would then say that they had the right 10 ass
such laws? Who would say tina, they had not the
right to enforce their execution .-The people would
think that 1t was an odious and understandable cx-
erccisc ofpower; but they could say that it was
power, the exercise ofwhich they had ever denied
their representatives They cal never say So as
long as one legislature has the power of repeating
the laws which were passed by those which preceded
it.-Ihc people would find upon investigation thai
what they had believed to be their constitution was
merely an act Of their legislature, subject to it, re-
peal and oil no higher validity, than any other of
its statutes.
For the safety and happiness of society i, is es-
sebfiaiy necessary that the legislative power SHOULD
be ascertaned and controlled by some fundamental
regulation ordained by men specially authorized |
ior that purpose by ma ority of the pcoplc of the
country. This fundamental rec uation so lona rs |
theinoraf strength of the people capacitated them
tor the enjoyment Of nationl liberty would prove to
DC inc strongest INFRINGEMENT by which it could be
guarded.
After what has been said it is TO be nrcsumcd
that an enlightened and unprecedented public canno,
think that the act of the V. Legislature of 1776
ought TO be regarded having the properties which
ought to he looked for in Constitution for tho
purpose of giving to pernancncy and consistency
NO person IT is conceived will deem it secure from,
cncroachmcn because it has wcatlered the storm of
political war No one ii is hoped is So budly at
tached to IT as To pretend that the people by their
taci acqucsccnce havemad it forever binding unon
them and their posterity ?-And no one viii v,r-
lure tn say--no matter how Jealous an advo,o,o |
Tor It Inc may be,wil carry his devotion To- so rlicu
ious length, as 10 proclaim (like the Mussun,ap
dives ot his Koran) that il too sacrcd 10 be ,oc,
ed by lntdcS or uubclieycrs ?-T there he sucy, !,
man. pity his delusion For my part think that
there arc butfcw things which arc connected with tho
sc'cncc OF government that are too sacred or
aoie TO be applied to tho toucIi-stonc examination
and liberal enquiry! Why should we boast of The |
eNceilency OF eur constitution ?-It resembles o.,,,,
ihcetit fcudal castle whose mouleripo nd leI.,i
dated towers and battlemeuts cast a horror ,-d
gloom on the surrounding scenery II would sooner
fase 1t than seek within its crumbng walls a shell
ter from the STORM But / would select from -,
runs the vestigesI might consider entitled IN rres
'ation y would erect another that n,irbt nro,,is
10 deride the devouring hand of Time, and dew ,h,
fury and force Of all invader '"'