Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1824-07-09

from their Immediate Interests before their attention
be seriously, diligently, judciously directed to
the safety, happiness, \ prosperity of the StatcE-
very days experience and observation offer the most
conclusive evidence OF the faacy of ali opinion that
many OF us labor under, wit that the true inter-
est of every individual (who citizen of the coun-
try) is absolutely identified with that of his coun-
try. Let facts be offered in contraveption of that
impression why are there so many defaultcrs p
why is there such a swarm of verinu fattcning
the scunty and almost exhausted revenue of tho
State of Virginia :--Why has the money which was
drained from the pockets of the people in the day
of their prosperity been unproftably aud unpopular
'y squandered? Ycs-sluaidcred--in cary ing on
one of the widest and most cmcricai schemes that
the tcemiug brain Of man, fruitful in experiment &
invention ushcrcd into light--a scheme which
though il may succeed agfccably to the expcctati-
ons of its sanguinc friends and supporters, is
not likely To cvcntuate in any important benefit to
the great mass of the people of Virginia On the
contrary ii will prove to be partial in its operation.
as it will only be calculated to enhance the proper
ty of people in small section of the state. This in
effect, Is the taking of money from the majority fer
the cmoument of Il minority aud it is donc, too in
defiance Of popular rcmonstrancc; und at Il time
when the energy, the national pride and spirit of
the citizens of the old dominion" bending and
crouching under the pressure of difficulties and
barrassncntS which are perceived to be daily ac-
cumulating. lido not at present propose tracing
the evils which have enumerated to the various
fountains from whence they have flowed: have
mentioned them incidentally.-I shall next proceed
to anaiyzc that Instrument which is termed our
Constitution; and will undertake also, prove that
II docs not politically, and correctly speaking, de-
serve that much rcvcred, and respectable title
And will, furthermore, assign INV reasons for be-
lierng that there is III this tinc necessity for call
ing convention, for the purpose of framing con-
stituiion, adapted to the genius of the people, aud
conforming to the true spirit OF republic In do
ing so, you not expect from me, an ella boratc
treatise; but merely concise and simple EXPOSE
ton of the subject.
is expected, no doubt, that some evidence will
oe ohered III support OF the premises with which
nave set out: We must therefore ascertain the
true import and meaning of the term Constitution
as applicable to the science of government. BY "a
very able writer 1t is defined to he the fundanen-
tai regulation that determines the manner in which
the public authority is 10 be executed"
This fundamental regulation in every country
where all power is admitted to be derived from the
people, should be established by majority of the
citizens thereof, by others who arc delegated bv
majority for that express purpose. The power
oil framing constitution is t,oi important one
to be vested i'll any other body than the people, or
those who are constituted by them for that speciaI
object 1t cannot, and should vest, bv impli-
CATION or constructions in any legislative assembly
The spirit OF n constitution should coincide with
the Scniue character feelings, and habits of the peo
pie: 1t should, fPractcablc spond the very Ian
suagc Of their hearts But this can never happcn !
"heii the constitution is framed by body of men |
who have never probcd the minds of their cons,iu
rnfs on the great principles which it is intended tn
predicate; 1t can never happen where the arti- |
,4cs Wch compose II have never been submitted to
me people Tor their concurrence, aloption, or re-
ech"n: - 1t ever do happen under such circuin-
stances, 1t viii be entirely fortuitous.
Those to whom the power of lcaislatinp is rom,
nitted arc not always worthy of the hieh
when should be rcrosed in the trainers of Il consti
utIou-an instrument which may rccula &c The noii
" OF nation for ages; and in all probability. fix
the destiny of its people: And their
icsti;iy, VIII t,hcr happy wrstchct would depepa
huch on tie virtue corruption of those who
night BIZ entrusted witt! the power of c,tobshing
constitutions. Recoll2ct for example the horrors |
If the French Revolution !-recolIect the crimes |
ma misery, iii which France, in The conyulsivc |
noes OF revolution, was plunged by lis Conyen-
then-yOu will accor;! INV opinion
constitution is said to be u fundamental reeu
alton :-ltis then the base or foundation of all
uosc'lueat regulations 1t fixes the powers of the
and confines them within their prone,
units: ItcnJons the performance of certain thinos
y e Leg'sia'Gfe and inhibits the doing of others
No law ought to- be passed, act ought 10 be COM |
nilte in cont-avcntion of its true spirit or ofopv
'nc article which II contains.-It - determines thc
manner III which the public authority is 20 be exc
uted! that is to say; the authority which il has
estcd lii the Legislature and the various officers of
nc government his authority must he executed
II ooetiencc to the provisions of the Constitution
IL the manner which it has determined :, and Nm,
'therwiSc. rs the Constitution " determines tic
manner III which the public authority is to be exc
;"tcd, II OF course makes tie Legislative and tho
'ther department Of the government subordinate To
ma dependent on its provisions As the = People
ire the fountain of all legitimate power consti-
uiion ought 20 c;Danate from them: it would then
&c their act and being SUCH it must be consider,
10 as revocable only by them. They may DELEGATE
III their power tea convention for specialpuypose
VI oocct; but so soon that purpose or object is
bectcd, the power which delegated then results
them and with them it resides as long as ,i,ev
Aoosc TO retain it,
1 conceive that the above is as correct a de6ui
ion of the word Constitution as can be found in
ny writer upon the science of political law. If
IN right IN this opinion it must be conceded that
ne powers which incident to an ordinacy Lceis-
iture are Incompatible with those which peculiar
!. characterize and distinguish Convention
ne provinces OF the one are scpera;c and distinct
-om those of the other: There is boundary line
etween 'hcn " HIGH cannot be passed or crossed
'thout an evident departure from consistency and
eason The constitution is inlperiuus ,lictarorial.
nchangcable and irrevccablc in its language: The
legislature IN most every respect is merely auxla-
y to it. The legislature may direct what is TO be
one but 1t must be done agrecably TO the letter
nd spirit OF the constitutions, and in the manner
Winch 1t requires. 1t can i'll no instance dcronate
depart, from the constitution, without u,,rrpaton
f that power which resides alone with the People.
I will now suppose the conventional and keisia-
ire powers TO be united in the same assembly
onld you H,e1t with any degree of consistency OBJ
crve line OF demarcaiion between them You
must admit that you could not do so with anv de-
rec of reason on prop,icty: For the powers ofone
legislature are commensurate with those of another
| hc ono cannot pass statute or law which the |
'ther has not an equal right to repeal. Here at |
ncc is exposed the absurdity. that as act of tl,c
legislature IS binding as Constitution VIVA, |