Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1826-12-21


ii. conv ention counties, in a calculation based on
the vote taken in this House in the session pre-
cedns the las,t from which the vote of the last
session did materially vary by which il is found,
that much larger amount is contributed the
s. Treasury by the counties for, than by those a.
gaiisf convention.
said the people hal given proofs. Are no,
/ these proofs Are they not proofs irrefragable'
Are they not sufficient to strike conviction home
TO the intelligence of the most sceptical? Surely
y they are, sir Unless, indeed, we have revived in
this opposition the scepticSs, rather ultra
scepticks. of the old sch4ol, the non-exist-
ants, as they were quantity called, who doubt
ed the reality of the material world, and
their own existence. Yet gentlemen remain
satisfied. All Is attributed TO the arthce of dema-
gogues, the exer,ions OF discontinued faction If
come without petitions, asked on what
base the proposition to submit this subject 10
The people. Where i the evidence that our con.
stituents wish us TO sgitale the question? And we
are told, A" we have no right TO lesisa;e on the
subject" Ii we present petitions, how they
received! The signatures of petitioners said
10 he fiauIuleny obtained, to represent persons,
perhaps, not actually in existence, or at best, not
freelo!ders The meetings too, convened by the
people, have beeo said t. be elf-coustued, lille
GAL against the spirit OF the constitution, and COM
pared TO The Hartford and other reasonable con-
yentions And The unbiased instructions To their
representatives OF the Tree people of this
wealth hay e been said 10 be caioe, from them by
the arfice of designing demagosues. What then,
sir, have we against the evils of which we com
plain? Suppose, for moment, that they exist,
we, the majority. in simplicity perhaps, but
ainly in honesty, believe they do what hope hav e
of constitutional amendment Ought not
gen emen, Clothed as they are i" this ,sily
ed garb Of increduty and don5i,) on ever, rrin-
ciple of justice and oil fair dealing, say nothing of
political consistency, 10 extend 10 the people, The
means OF giving such expression of their sense.
nnne can deem equivocal, mean " vi legis,''
yes, by all act of this Assembly? BY Withholding
which. /. e. by refusing 10 pass the resolution and
the bill TO grow out OF it. the Legislature exercises
that power which Is termed by learned writer on
government, the " initiative pow er; mean the
power OF withholding from or giving Z the people,
n.en,um in am step to be taken, toward, con-
slitulonal amendment Now, sir, it it will TO , on
the one n nj, be denied, that "a Tar as the mer e
act of subscribing the wishes o. The people,
i by legally taking their sense, and organising
| convention, this power, in every well reg
| slsied government, should be vested in he
! legislative body ; for 1t would be highly i'm
polite and unwise for any people la their
sovereign capacity, Except the last res.r,) to
give beng 20 body with powers paramount to
the Legislature and to the Constitution itself, with
oat the intervention OF the Legislatures; equally
true is it on the other hand, that if fair NANTES
tation OF the public mind, favourable 10 the mea-
De OOtaiHeu, ii tnc refuse 20 make
this final and necessary appeal TO the people, or 10
&C, upon the subject, they visit grievous oppres
sion upon the State. For, sir, il is a lsmentabe
truth, that In the mpegiectien OF all political, as
other human Institutions in defiance of the check
which the constituent has upon his representative
the elector upon the elected, the people may be
thus lesisativey oppressed. Especially may il
be the case, on subjects OF great general ern,
in State like ours, where there vast extent
of territory, and sparse population both lnimcsl
popular concert. 1t these considerations be not
sufficient to Justify the conclusion, | am at least
borne out in II, by the fact novel In republics
that The majority smong is controlled by the
minority. Z" This was for some lime paradox but
now the times give it proof And it is further IN
proof sir from The analogy of the constitutions OF
the sister States. For almost in every instance
where the Legislature Is not itself invested with
power to amend III. constitution, (wi;h which
power Heaven foreiend that this Legislature shall
ever be clothed vergrown as already It's
powers judicial and executive as well as leeisla
tiye!) the wise trainers of the constitutions of other
States, guarding against the very evil OF which ve
have 10 complain, have especially provided
that the Legislature SHALL at stipulated and not very
distant periods take The sense OF the people upon
The merits oil the constitution, upon tue Gu ION
contained in the resolution before us, OF conyeu-
lion convention. Let II not be said, because
there is such provision ia our constitution that
thsIefore, the Legislature has right to make the
appeal. Common and the bill of rights tell
US that if the constitution be elective the peope
have right TO amend II. Sound policy aided hv
the analogy OF the constitutions OF other States
places the authority TO make the appeal in the le-
! gslaiye body. But here II may be remarked that
as tie provision 10 amend, forms in the constitu-
tions OF other States, one oil their most importsnt
features, so being 0DiiSsuS ia our own il
constitutes most radical de ec
Although, sir, but Z" in limine'' of this great sub
ject will not proceed farther, respass lon
ger on the OF the House to express thanks for
the kind attention they have been pleased to ex
tend to my remarks; proceeding, as am well
aware it does, rather from their wonted courtesy
than Fl ON any merit in what have said Let il
not be supposed that hold in iireverence the con.
stitulion OF our State; far from il, SIR better know
the bonds of gratitude, hsllowed as il is, by the
pen of the ilusrIous sage, who framed il, and the
names of the less illustrious patriots no sane.
toned it in sc. If have pointed at its imperfec
tons, it is because my finger has been directed as
il were, by the bill of rights: if | have inveisbed
against It's defects, it 10 because the yery words
have been supplied me by the bill of rights; if.
young in the political world, | have found fault
with the want oil due proportion in this fair poi-
cal edifice, it is because | have looked into the
workshop, where the great master builders pre-
pared the colossal and majestic materials for it's
constructive, and that | find not the most colos
sal, the most majestic, the most beautiful in the
superstructure; 90 but that the stones which rhe
builders rejected should have been made the heads
OF the corners" And If still, have not sufi-
cient apology, let it suffice that I guided by the
counsel Of the great father of our political faith be.
who hiss bequeaihed us legacy which the wealth
81. Il