Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1824-12-23

stiluted by its own authorize, at time when I,
II formed constituent branch uf the colonial |
government. With the exception then of this |
slight difference, the cow ention of re was in
all respects, precisely the body which aided
the successive British Governors in their ad
ministration while no other liberties were
dreamed Of but the liberties of English sub
lects, and when no other constitution was con
tc,npsatcd but magma chdrtG, and the special
grants OF the Crown TO ON colony.
According To Judge Hackers exposition,
the dissolution of one form of government.
Implies the necessity as well as the power To
create another. But where is this creative
power supposed to exist I? 1, is unqnestion
ably ideDttied with the power which abolish
81. Then the question recurs, by whom was
the colonial government abolished the legis
iature or the people? II by the legislature.
the convention of 20. did not transcend the
sphere of their authnrity--if by the people,
they cer,ainly did. But, say tho advocates of
ti;s constitution the members of this conven
ton, were the legal representatives of at least
one hatof the people of Virginia, at a period
of unusual alarm, when the public necessities
required a substiiuiunal government for that
which had bren annull.d. Necessity then,
that universal apology for all defective mca-
snts, ~ To drive us under the shadow Of this
Constitution. Who ia to judge of the occa-
sion AMI the degree Of this great pu5.ic neces-
sity, which clothes the Legislative department
of u gorrrnmen, with power TO frame con-
stitution ? Did the people, or did the free
holders Of Virginia then, in April I77G. when
they elected their delegates TO this conven-
ton. either by any Implied or any direct
means, invest those delegates with power TO
establish such government, as should be
thought proper, or did they moi ? was not
this constitution adopted taciIiy, and involun-
tafiiy by Virginia. III moment of alarm and
INDIGESTION, az a temporary shield against the
evils of anarchy on the one hand and oppres-
sion TN the other ,
IL canuot be thought by any man convers-
ant with the period If which we speak, that
the people of Virginia generally meditaied
TIE formation Of new government. The
convention Of 76 did not organize itself, until
an unsuccessful application had been made To
Lmd Dnnmorr, To issue his commission for its
assembiagc. Is II tn be- presumed, that Il bo-
dy 50 Intelligent as was this convention, had
its members been resolved to do what they
afterwards did, would have asked permission
ut British Governor, to dem0lish his own
government, when these men left their homes,
the Jeputed agents of n sovereign people IN
form constitution and create s0vernfnen. /:
IL WAS recommended To Congress by this same
convention TO make a, pubic declaration of
indFpend nee, that every remaining ligampnt
which bonnd the colonies to tie parent coun-
Try, might be cut assuuder.
Where. then, are the attributes of n consti .
tuition to be found, in the Instrument 10 which
we have given the name and Character p
Was it the solemn a& OF drliberaiion, done by
the free and sovereign people Of Virginia OF
was II the sudden and hasiy act Of lssisla-
ture TO provide for the pending emergency of
the time? Was itever meditaled, ever pIanN-
ed, ever sanctioned by the people Of Virginia
or WAS il established Il may say aibitrariiy) by
particular and privileged class Of men, WI q
sued oat, not the patent of their nobility"
from the archives of ieudai arsiscracy? Was
u conceived and ordained at a time of pro-
found peace, when The reason UfalI men was left
ifec te suggest, their experience To examine, s.
their wisdom TO approve, plan OF government
winch might comprehend the rights interests
e. sentiments of the whole community or at
an hour ct alarm and danger when our coun.
Try was one extended camp. and every fire.
side was cPninePs posi- Was il then fur
h"cy sach as the convention of 80 disiin-
g"isIird from ordinary legislatures by no cir
c"Hs'ance save The name it bears, and the
.'entiM period when IT met which al most
ny partial representation, would only act ND
on 'hr distracted views Of divided peopi.
vast fnr body hike this. to speak the snve-
Iei9h Nat OF existence 10 a government P
Let II not be urged that the lapse of furty
years, mas bestowed authority on what orig.
naliy had none. 1t is Il doctrine Of dangerous
import, that time makes precedent oG evil
d. IS fallacy, TO suppose that virtue ADD intell
Sence IN the funclinnaries Of goyerGmf nj,
wa always supply lis deficiencies or conce
ats faults. NJ Insiilu,iun can endure yhlcb
FrSts upon the presumption, that men without
c"nstraint will do their duty. Government
ana laws are established upon an experience
that contiadicts such presumption.
DEMOCRITUS.