Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1824-05-07

more accuracy as wen as dispatch, and S,ot OF
course there would be valuable saving of cx-
pensc.
This meeting, advcrting to the province and
objects of the state government, and esteeming
a full representation in the more popular branch
OF the Legislature, essential to those objects,
and better calculated TO give general satisfic-
ton 70 the people, is by means satisfied, that
the present representation is too full, OF is ever
likely 10 grow too large, under the present sys-
| TEN.
.Nuch less is this meeting satisfied, that half
| the number Of Delegates would transact the bu-
siness of Legislation, with more dispatch or ac-
curacy. Let us appeal to observation and fact.
| The House of Commons of G.. Britain. consis-
ting of above six hundred members, of whom
four or five hundred are present in all affairs of
Importance, transacts those affairs with dis
patch, so far exceeding that OF ourless numerous
| assemblies in the u. States, as seems wonder
ful to us and unaccouEtabie. The House of
Representatives Of Massachusetts, consisting of
ten OF flee hundred members, transact business
as conveniently and with as much dispatch as
any assembly III the Union. The congress OF
the United States, and the House of Delegates
of Virginia, when they respectively consisted of
little more than half their present number, Git is
confidently belevc.l,) did not transact business
with more convenience and dispatch, than they
do now. If their sessions were shorter, it was
10 digest and dispose of. Since that day, the
population of the Union, and the population of
Virginia has more than doubled, and the bust
ness of Legislation has increased, for obvious
reasons, IN yet greater proportion.
With respect to the expense, the discomfort
on this subject has arisen from what is thought
the unreasonable length of the last session of the
Assembly, compared with the Importance of
the work of legislation appearing on the statute
book. If the length of the important revising
session of 1919, had been compared with its
works, discomfort would probably never have
| arisen. Cohsideratc men will Judge, whether
it be wise to found general conclusions on a few
much more single accidental instance. But
there is surely, no necessity to change the con-
stituion for the sake of economy in this respect,
and no certainty that economy would be secur-
ed by the change. If the people will instruct
their Delegates TO reduce their wages to one half
the present compensation, half the expense Of
legislation, will, by that simple and easy method
be saved. If on the other hand, by change in
the constitution, the House of Delegates should
be reduced to one-half its present number; and
then the reformed Assembly having double duty
to perform, should think it reasonable to double
their wages; nearly the same expense would be
incurred as at present.
4tn Of the remaining objection, this meet
ing is unable to see the force, and at loss TO
understand the application.
| Ii is complained, that all the powers of gov
eminent, Executive and Judicial, as well Lee
gislative, are blended together, and vested in
the General Assembly that there is depar-
ture of the government in practice, or of the
provisions of the Constitution itself, from the
principle recognised in the third article that
the Legislative, Executive and Judicial depart
mcnts shall be kept separate and distinct, SO
that neither exercise the powers properly be-
longing to the others nor shall any person ex-
ercise the powers of more than one of them at
at the same timc, except that the justices of the
county courts shall be eligible to either house
of Assembly.
So far as this vague and general objection
may relate to the eligibility of the justices of the
county courts to the Assembly, it has already
been noticed; and the constitution lit is bopedl
stands approved, in that respect, by obvious and
irrefragable reason.
| |; is difficult to imagine what are the judicial
powers, which are supposed to be vested in the
Legislature by the Constitution, or to have been
eyer usurpcd by it: unless the right of each
house to Judge of its own privileges and cleo
tons, and the province of the House of Dele
gates, the grand inquest CT the common
wealth, be regarded as judicial powers; and
these, certainly no one would desire to take
away. The practice of the assembly to deter
mine the merits of such claims upon the public,
as are not founded in strict Justice but only in
moral equity, are properly addressed by petition
to the liberality and favor of government, is no
exercise of judicial powers. The laws provide
| that those, who have legal claims against the
commonwealth, fit for judicial cognizance, if
| they be rejected by the ministerial officers of
the treasury, may appeal to the courtssof Justice.
:, The courts of Justice entertain such claims,
and decide upon them, every day, with as little
! concern for consequences, as they decide ordi-
nary controversies between man and man.
| The Legislature, its ministerial officers sub
/ init to such DEGREES, without murrnur or hest
j tation. Neither has the Legislature ever inn
pugned, or attempted to encroach, in the slight
est degree, on the independence of the judiciary
The constitution provides, that the Judges shall
hold their offices sSduring good behavioro AMI
shallhave &c fixed and adequate salaries" And, in
! practice, the Judges have, in many instances,
announced acts of Assembly unconstitutional!
and void and the Legislature has invariably
respected such decisions, and repealed or altered
| the acts condemned.
! 1t was the design of the constitution, that the
Executive department should be mere instru-
mcnt for executing the laws enacted, and the
1 measures Pra7cribcj, by the Legislature; tho
1t IS trde, ti2. come other powers were vested in
the Executive for the sake Of convenience.
Neither does The constitution give the Legisla-
t ture any Executive powers, nor has it ever as
: sumed any. The Executive Jas boon in prac-
tce, what i'll the thcory of the institution, il was
intended it should be This meeting is content
with the pure republican government we now
; enjoy, and dcprccatcs any the least mixture OF
monarchy. Nor do we suspect the friends Of a
r convention, of q contrary sentiment.
This meeting is deeply convinced ofthc Wis
dom of Uritten constitution but it desires &c
= have constitution written not merely on parch
ment, bat in the hearts of the people mixed ur
with their habits, deeply impressed on thcir
: minis. endeared by use and sustained by vnnnr