Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1824-04-16

u assist IN the selecting of proper persons to fill
the Office of sheriffs, magistrates, &c.-Select
the Auditor as the Governors adviser; and what
assistance can he furnish in the appointment oil
othcers but what practical evil; what oppres-
sion have we suffered from the present system?
Mr.. N. commended that the councillors were al
ready sufficiently responsible in virtue of the
scratch, to which the gentleman had alluded.
Mr. IN. proceeded to answer Mr.. Ms objec-
tons 70 the organization of the Judiciary.-He
was happy that the gentleman had not found
fault with the independence of the Judiciary.
Mr.. M. observed that he did not; though as to
suPerannuated Judges, he might be willing to
remove them.) But the objects to the grades
ofcourts Now, Mr.. N. had always thought
that the great beauty of the Judiciary system
was to allow the party the right of appeal. If
this produces delay, may not an ordinary legis-
lature supply the necessary remediesl The
gentleman's wish to do away with the chancery
courts is another proof of the danger which we
may risk by rushing into extremes. The Jury
trial Is not dispensed WITH as the gentleman CON
tends, even IN the chancery court. 1t is exer-
cised IN cases where issues are joined. Mr.. n.
had always thought that the Ciancery system
was humane in itself; and calculated to soften
the ylgors OF the common law. Yet it was some-
what singular, that after the gentleman had "a
To transfer their powers to other hands. But
was it not better for one man to revise and cor
rect the decisions of another, than to con-
centrate so many andsuch different powers in the
same hand
NM N Fwonnau UP by asking, why il was that
when we were peaceful and happy, we sn,u,d
be rushing into an experiment upon our consti-
tuition, the consequences of which no man can
foresee.-As to the manner Of calling a con-
venton, is the gentleman seriously prepared to
dispense with the agency of the Legislature !,
Is he prepared to fly in the face of the Statute
book, which iorbds the erection of another in
dependent government, within the limits of Vir-
glnia, unless by act of the Legislature for that
purpose first obtained, And is this attempt TO be
made too at a time, when the Allies of Europe
are threatening the liberties of the human race
and when we are on the eve of most impor-
tant election, which may be carried into the
II. OF Representatives, to agitate the whole ma
ton But fit be the will of the people, delibe-
rately expressed, to change their constitution.
he trusted he for one should not be the last TO
bow to their decision.
Mr.. Munford explained. He denied that
his resolution went to dispense with the aid of
the legislature--or that il was his wish TO pro-
coed without their fundamentally in taking the
sense OF the people, and in calling the conven-
ton.
Mr.. b. Leigh next took the floor in oppose
ton to the resolutions. He had not gone to the
meeting prepared to discuss the various ques-
lions involved IN the proposition submitted for
their adoption. Bu' he augured i'll from the spi-
rit of illumination and reform which had gone
forth among the people; and especially from
such proposition as the present; coming too,
from man of such mild and amiable disposition.
and whose motives were always so free from OBJ
lection, as the mover of the resolutions. What,
he asked, were the meeting called on to do3
They were called on TO do, or to recommend an
act, which amounted TO nothing short of hisb
treason. In proof of this Mr.. l.. read that part
OF an act of the General Assembly which pre-
scnbes, that "every person or persons who shall
erect or establish, any government separate
from, or independent of, the government of Vir-
giuia, within the limits thereof unless by act of
the Legislature of this commonwealth for THAT
purpose obtained, or who shall, &c. &c. shall be
adjwdged guilty Of high treason.'# The pro-
position, MIR. Leigh said, if he understood it cor
rectly, was, to call convention by the people
without the consent Of the Legislature; and to es-
tablish government, which shall be above the
legislature and the present government of the
state. Gentlemen, he hoped, could not mean
this-and yet if the first resolution meant any
thing, it proposed togo to this extremity.
Mr.. Munford rose to explain. He said if the
great majority of the people, in their sovereign
will, were disposed to call convention, they
had the power to do so. Such a convention
would be legitimate, and no person would be
guilty OF treason for being concerned in it. He
did not say that convention ought 10 be called
by the people in any other than their sovereign,
character. He had no doubt but that, when the
legislature understood the will of the people in
this respect, they would call convention.
Mr.. Leigh resumed his remarks. He admit
ted it was true that the people in their sovereign
capacity, had the right, in resistance to griev-
GUS expressions, to assemble and redress them
selves. But was it intended, he asked. that the
people OF Richmond should recommend an open
act of rebellion, without the existence of any
oppression or tyranny, in relation to our civil
political or religious rights, Without even the
insinuation of corruption in any of the public
functionaricsa Hecalle1 on gentlemen 10 show
that from the very commencement of the go
vernment single act of oppression had been
committed either by the Legislature, the Exc
cutve or the Judiciary. And he asked if the
same pancgyric could be pronounced OF, any
other government which had ever existed on
earth? He would nots say that errors 10 the Sc
veral departments of the government had not
been complained of. But they were errors in
policy-Partaking in no degree either ofoppres-
sion or corruption. And yet, said he this is the
government against which we are called or to
enter into absolute rebellion, without even ma
king respectful application TO the legislature
on the subject Ifuo bribery, corruption or OPP
preston be found in the government, why he
asked, adopt measure Of the violent and lille
gal character of that proposed?
Mr.. Leigh said he bad not come 70 the meet
ing to enquire into the various questions which
had been brought before it. Such subjects were
not to be discussed in theheel of evening. All
tnenwere not prepared to act with the spirit of
,y,t, 50 LOO