Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1824-03-23

To the Editors of Me Whjr.

10 the Edforsgf The Whig,
GENTLEaIEN-l observe that you have OPEN
iy avowed your opinions in favorofa Convention,
and invite discussion. j am pleased to find. al
so, that the Enquirer obliqucIy hints at the same
thing; 1T is to be hoped that its influence will be
used more unequivocaily for if we may judge
OF the public sentiment, from what daily occurs
IN conversation, l shall hazard very little, when
L ASSERT that, at nc time since the year,76, have
the people discovered more dissatisfaction than
now, with the state government, and the manner
in which it is administered. All admit that tho
Constitution $50 called) is clogged with cxcres-
senccs that require the knife, and that it is per-
picked with uncertainties which require expla-
nation. ipropcsc briefly to call the attention of
our lcilow-citi1cns 10 those mischieis, of which l
have heard the people complain most.
Inc most Calling evil Is. the power, whether
usurped or not exercised by the Legislature,
anu winch grows out of the uncertainty of the
words in the section which prescribes the quail
locations of the members of that bcdy. By re-
ference to the 9Th section, YOU will find il TO
read thus One Of these shall be called the
House OF Delegates, and consist of two represent
tatlFcs, TO be chosen from each county, and for
the District of West Augusta, annually of such
men as actually reside in, or are freeiolders of
the same" or =" duty qualified according to la,o.n
he Legislature have Construad these last words,
" or duly qualified according to law" as giving
SS pO'ci - id" vi ltilt ulSuudllu-
cations which were intended to be fixed by the
trainers of the Constitution. cannot do better,
IN my attempt to oppose this construction, than
by quoting q part of an argument urged in op-
position to this poyerof the Lcgisiature.-Itw was
remarked that these very words were meant
to Dr a qualifications; otherwise the Whole pas
sage had as well have been omitted and the sub
Jcct lett entirely to Legislative discretion
whence the phrase, or duty qualified according
to tHle, must refer to some pre-existent or CO.
cyal, not futurelaws. Then, that phrase stands
opposed merely to .freehoAders; so as to res
train the power of change, if any was intended
on that point only. Its matter of History (see
Ord. OF Con. 1775, C. as. 12-ch. Rev. D. BIZ
that these alternative words referred to certain
sections OF the Commonwealth, the cItizenslof
which had al the time no freehold title in their
lands, or at least imperfect ones, and yet ,cere
duty 2wn'!fcd according TO iato, to elect and be
elected. But if the words of the Constitution
were doubtful, its spirit could not be mistaken.
Ii the Legislature might add one new disGuaiiti-
cation, they might add many; might multiply
disabilities without end disqualify whole dis
tricts or classes of men by personal or local
description; make an acadcmicald degree or even
previous service in one oftheirown bodies, a ne
cessary qualification, and thus convert the gov
eminent into an oiigarchy. If this tremendous
power existed at all, it was boundless and I'M
comfortable as the winds, and dissipated at onoc,
all our fond notions of a written constitution.
late the glory of American politics. A free
construction cannot cO-eXist with this DANCE
rous and parricidai power in the hands of the or
binary Legislature" Nothing can be more sa-
tistactory to one disposed to make an honest in
vestigatioD Of the subject thanthat the power ex-
erciscd BY the VirginiaLe legislature in adding dis
qualifications to those imposed by the constitu-
| ton, is either a power usurped, or one that never
was intended by the people to be exercised-
and IN either case my purpose is answered, as it
proves an uncertainty and ambiguity in the
wording ofthc constitutions, which has autho-
rized the exercise of a power so dangerous and
ParT1cidal; an uncertainty and ambiguity which
has been shametu.iy abused, and in the discus
sion Of which, those who contended for the ex-
ercise of the power, were obliged TO use an ar
gimcnt still more dangerous, !. C. MatHere ,vas
no constitution, tie Instrument so cniied, icing
merely an act Of an oydinary Legislature. II
would not be necessary to urge the p~rOpriety OF
a convcntion to the people of this commonwealth,
iftliey understood how boldly this argument had
been urged, and upon what authority it has
been maintaincd; and believe that VIXEN il
shall be generally known that such is the OPT
Mon of many men of high standing in this Gem
monwealth, that they will one and all agree
that it is time we mad a constitutional one al
least. that was free from doubt and uncertain
tics, of which there are many besides the one
just discussed.
What citizen does not recoilect with shame
and renorse, the unpleasant pickering wiicl
arose i'll the Executive Department some year
SINCE, upon the construction of the powers oil
that body, as to when the Governor or Lieut..
Governor should exercise the functions of their
respective Offices. / will not say more in rcla-
t n to this matter, than that it produced confu-
sion and uproar in the councils of the nation,
which every one regretted. Let us therefore
we the people, explain, for the future regula-
tons of this department, when one or either OF
them may govern u.
But about another sectiono Of the Constitution
in which the Executive power is deeply iDyolv-
cd | must be allowed to say rather more--I al
lHfe TO the 18th section concerning military re.
guIatioDs-it runs tlrIs--Thc present militia
officers shall he continued and the vacancies
supplied 10y appointment Of the Governor, with
the advice Of the Privy Council, or rccommen-
dations of the respective County Court.
| understand tlat the Executive so c~oustrue
this clause, as giving them tue power Of making
appointments without the recommendations of
the County Courts in time Of peace, and / adj
nit that the word on, gives to the Governor the
| alternative of acting with the advice Of the
Council without the recommcndation of the coun-
tv Courts or vice versa-but | contend it never
| was so contemplated by the people, and that the
power is obtained by the word on which word
was displaced bydesign or accident & the word or
| introduced in its place-for this / have good au-
thority among individuals now alive, who re-
member what was the intention of the Conven-
tion-the error never was discovered until it
was too late to rectfy it, and IN fact, too late TO