The central gazette. [volume] (Charlottesville, Va.) 1820-1827, 1825-01-01

| Fclt when the people were awakened by the
| extremities to which they had been pushed, to
| a sense of their real condition. Virginia, upon
| the clopement Of Lord Dunmore, regarded the
protection OF Great Britain as virtually with
| drawn. but the people knew not whether TO
| expect It's return or attempt the establishment
OF an Independent government In this state
| of uncertainty and alarm, when a large portion
| Of the community chung to the sinking fabric
OF colonial power, and onl. few daring spi-
| rits had ventured to leap into the Of polti-
| cal experiment, the f. eehoiders were called
| to elect delegates to a state convention, which,
| to use the language Of the times, was .sto a.
dept such modes of consulting and providing
| for the general welfare, might seem most
conducive to that great end" With no other
authority and no indication Of a purpose he.
sides this resolution Of the convention, passed
| in IT'S, as that body were about to adjourn
| the freehoiders OF Virginia proceeded in the
accustomed manner, to elect delegates, was
generally supposed for the accustomed pur-
poses. This assembly ofdels5stcs was not or
ganiscd, it is true, by virtue of the British
| Governors writ Of election, nor had the as.
| sembly that preceded it, been SO organised
| but it was convened aud constituted byit own
authority, at time when il formed a constit,
uent branch OF the colonial government.
With the exception then OF this slight differ
| ence, the convention Of &c was in all respects,
precisely the body which aided the successive
| British Governors in their adminis:r alton
| while no other liberties were dreamed Of but
| the liberties OF English subjects. and when no
other constitution was contemplated but mag
no chdrto, and the special grants Of the Crown
| TO our colony.
According to Judge fuckers exposition,
\ til. dissolution of one form OF government,
| implies the necessity we'll as the power to
create another. But where is the creative
power supposed.to exist 1t is unquestionably
identified with the power which established it.
| Then the question recurs, by whom was the
colonial government abolished the egislature
or the people IL by the legislature. the con-
| vention Of re, did not transcend the sphere OF
their authority by the people, they certain
1 " did. But, say the advocates Of this conven-
ton, were the legal representatives Of at least
one half of the people of Virginia, at period
| of aansrial alarm, when the public necessities
| required substitutionai guvernms,., Esr that
with had been annnllcd. Necessity then,
that universal apology for all defective mea
| sures. is to dive ms under the shadow Of this
constitution. Who is TO Judge of the occasion
and the degree of this great public necessity,
which clothes the legislative department of a
| government with power to frame a constitu
ton Did the people. or did the E-echoiders Of
| Virginia, then, in Aptil i776, when they elect
| ed their delegates to- this convention, either BY
delegates with power to establish a govern
fnent. as should be thought proper, or did they
not was not this constitution adopted tacitly,
! and involuntarily by Virginia, a. a moment Of
iaisrm and indecision, as a temporary shield n.
gamst the evils Of anarchy on the one hand
| aud oppression on the other
! IL cannot be thought by any man convers
| ant with the period OF which we speak, that
| the people of Virginia generally meditatcd the
4 a he
vent;on of 70 did not organize ITSELF until an
unsuccessful application had been made to
| Lord Dnnmore, to Issue his commission for
its assenblage. IS it TO be presumed, that a
body SO intciigen. as was this convention, had
| its members been resolved 70 do what they al
forwards did, would have asked permission Of
a British Governor, to demosh his own GOV
ernment, when these men left their bones
the dcputed agents OF a sovereign people. 20
form constitution and create government,
IL was recommended to Congress by this same
convention 10 make public declaration Of In
dependence, that every remaining liGament
which hound the colonies to the parent coun
try. might be cut assunder.
Where. then. the attributes Of consti.
tuition 10 be found, in the instrument to which
we have given the name and chsracter?-W as
it The solemn act Of deliberation, done by the
free and sovereign power of Virginia or was
it the sudden end hasty act of n legislature to
provide for the pending emergency of the
timer Was 1t ever meditated, ever planned
ever sanctioned by the people Of Virginia or
was it established Il may say arb tralily) by a
particular and privileged class of men who
sued ont, not "the patent Of their nobility"
from the archives OF feudal arstocracyi Was
it conceived and ordained at time Of pro-
found peace, when the reason of all men was
left free to suggest, their experience to exam.
inc, and their wisdom to approve, plan OF
government which might comprehend the
rights, interests and sentiments Of the whole
community; or at an hour Of alarm and dan
ger, when our county one extended
camp, and every fire side was a centinel's post:
1 Was IL then for body such as the convention
Of rs, distinguished from ordinary legisa-
| lures by no circumstance save the name it
bears, and the eyentfui period when II met :;
| which at most by partial representation. would
only act upon the distracted views Of a div ided
| people, was il for body Ike this to speak
the sovereign fiat Of existence to a govern
| mente-Let il not be urged that The lapse of
| forty years, has bestowed authority on what
| originally had none. ii is doctrine Of dan
| gerous import, that time makes a precedent OF
| evl--It Is fallacy, to suppose that virtue and
intelligence in the fun ctionaries Of government
| will always supply its deficiencies or conceal
\ its faults. No institution can endure which
| rests upon the presumption. that uen without
| constraint will do their duty Government
| and laws are established upon an experience
tina, contradicts such presumption.
DEMOCRITUS.
| Raro antecedentem scelcsturn
r. IL. Il.