The Virginian. [volume] (Lynchburg [Va.]) 1822-1829, 1824-06-22

4 tHfii suCEfthDfsinifbi 5latinn bnOuiu nave ~
power ofaiteraton. They had been elected
inr the ordinary purposes Of legislation
only, and At a time when establishment
Of new government bad not been propos
I'd 90 contemplated. Although, therefore,
They gave 10 this act the tile of 4 constilu
| 81, Yet il could be 40 more than an act of
The legislature, suiiret as their other acts
were, Ia allefdiioffs,y their SUCCESSORS" Was
there any doubt concerning the right Of the
people IN form new constitution, or IA
mend the old one, this authority would be
good To remove II, aud the abundance of
concurrent authority 10 be found IN The
writings Of ihs, aud other distinguished
men IN our state, are conclusive, taken in
connection with the nature Of the subj ect,
III making those inalieDable rights inherent
/ IN the people. But we believe the question
! principally TO arise, ON the sub cets we have
attempted 10 discuss, and on tie cxpedien-
cy of an amendment for the right ia sup
posed fully IL be- established in the minds
of most men, aud the few men who deny
IT, lessen the weight Of their arguments on
any other points, by the fact oil their denial,
for ma man who approaches so near the
doctrinr oi the " divine right of the powers
that be- can have great weight in the
IL something 50 incompatible in such doc
irlnes, with the generally recognized natn-
raj rights ef men, that we are at once led
to suspect the voice that uttefs them, aud
to doubt the soundness of the mind which
entertaius them. Had such notions gene
rally prevailed, at the early period of
our history, the commonwealth would not
have come into existence, and we do we'll
IN. b..p Int fh.tu han uIV
ced, and urged with similar reason to those
we have heard, but with much bettergracc,
and as the fashion of the world then Was |
with greater senblance of reason. Some
other parts of the letter spoken of, are
much in point, which we take pleasure in
quoting, which is not Icssened by the fact,
that we had not seen it, until we had pen
ned our previous sheets. " Another defect |
which has been corrected by most of the
other states is, that the basis of our cons,i |
tuition is in opposition to the principles of
political rights, refusing 10 all but freehold |
ers any participation in the natural right oil
self government. 1t is believed, for exam
pie, that very great majority of militia, on
whom the bulthen of military duty was
imposed in tie late war; were men nnrep-
resented in The legislature which Imposed
by mental disqual'fcaiions, have marked
infants aud the weaker sex for protection,
rather than the direction Of government,
v I, among the mpn who either pay or
fight for their country, no line of fight can
b d avn. The exclusion Of a majority of
our frecmen from the right of representa-.
ton is merely arbitrary, and am usurpation
of the minority over the majority. For it.
L.. A, ,b,I |
pose the majority of our free adult
male citizens" Thus speaks Jefferson on
the subject of extending the use of the
elective franchise, aud the ideas therein
contained, meet with cogenal feelings aud
sentiments in the breast of all republicans.
This objection To our constitution is not The
only substantial one, but as II regards the
rights of the people, Is one of the most inn
portant, being direct infringement on
mem, and alsoa positive violation of the
principles of a representative system To
continue II would he to acknowledges all
the absurdiiies of its supporters, and also TO
sanction an llIcgltlmate act of those who
introduced il. Ii therefore becomes those
who live in thisage of improved knowledge, |
To correct the evil, aud those who doubt the
ability OF the present age to do so, without
falling into as great errors In other points,
disregard that state of knowledge and slr |
tue which is supposed to exist, aud furnish
another proof of their own weakness and
want of judgment, If not of their Want of
political virtue.
In further considering the rights properly
reserved in the hands of the people, it will
he we'll to enquire what power 1t is ncecs-
sary to delegate to their servants For al
that is not necessarily entrusted in tie
hands OF the latter, remains IN the former.
That oflegislatou, which is confined to the
enactlng of laws, in conformity 70 the ge-
neral principles, and particular restrictions
contained III the fundamental law, which
forms the basis on winch all other laws are
founded, is given to the legislative branch.
and any other power that IL, or may be
delegated to this body, may be considered
As improperly bestowed. In the exercise
OF tais particular power, there appears 20 be
found from actual experiment, IA sufficient
variety of subjects for their deliheratidn and
investigation, arising out of the multiplicity
OF affairs which engage the attention of our
citizens, aud afford subjects proper for L.
gislati0n. Leaving the-legislature to the
exercise of this power, and this alone, will
materially lessen their burthen of duties, |
and serve to unemharrass them in the |
exercise of their functions. Their business
will consequently be much sooner compile
ted, and thereby Icssen that part of the
public expense. That potion of rewer
necessary To bestow on the judiciary, is |
very considerable. In this branch is, and
ought to be vested, the full power of inter
preting the constitutional and enacted laws,
when drawn in question by conflicting pr-
,ate rights. or public wrongs, as well as
public claims which will embrace suii-
cie.t range of duties, to requise the best
talents of the most learned men which the
state atinrds. In the discharge of which
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