Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1826-05-16
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References to it are few, and a ,cl general had
underlined character If be tait th,Nthe Gcrt raj
assembly is soaring above ths constitution in
quest OF paramount original prlic pies which can-
not be expected to be found within the pale OF fbe
constitution ITSELF and tina; It's ottec, is TO inirod(
new principles into it; then wiin necessarily ipl-
low that the General Assembly claims for itself
the right Of introducing amendments into the Con-
siiiution, without the concur eace OF the other
states. and not only for itself but for the other
states also, without even consultation on the
subject, for the constitution itself is formed by
curing to paramount original principles, and pre-
scribing them fundamental rules to be observ ed
between the governors and governed. As this
pI e,enson has never yet been claimed by the Gene
raj Assembly, it cannot be presumed to have been
its object on the piesen, a-on and therefore it
must be presumed TO have intended the interpreta-
ton of the Constitution OF the United States in its
present organization. Under this impression, l
beg TO turn the attention OF the General Assembly
TO the Constitution Of the u. States, and certain
provisions contained therein, which must he con &.
sLercd correct rules for conduct, we have
all taken Il solemn oath lot their observance.
Having in the observations, accompanying this
explanation, brought into view generally the pc
cular character and structure of the CONSTITUTE ion
oil The United States, and the Inducements 10 lis
formation and adoption, IL will be the less neceSsa-
ny Tor ne at this time 10 recapitulaie these po.n;i ;
il will be sa!iicent TO observe, that the col-
si,ution of the United States is strictly su gen
eiis that its peculiaTlties grew out OF their pccu-
liar geographical and political situation, at the time
OF its formation that it founded! upon elias.
-;tica;:on OF powers, all general powers being
given to it, and all loc5 powers being reserved to
the states respectively and that one branch OF
the legislative power, well as the President and
Vice President of the United States, is elected
through intermediate agencies refinement upon
the principle of representation unknown in Great
Britain, in any other part OF the ORD known
TO us. The great objects Inducing the formation
OF this constitution, were the protection Of the
rights, and The promotion ofthc interests cy,d
happiness IF Tie pcopis IF the United States IN
thejr individual capacities.
- Upon the most careful review of the con-
stitu;on it will lie found that there is but one
clause which points out the immediate rcla-
tons between the State Legislators, and the
Senators individually, OF the United States.
1t is in the following words I" The Senate OF
the United States sha! lie composed of two Sena-
tors from each sia,e, chosen by the legislature
thereof for SIX wears; and crch Senator shall
hare one rUte." From this right 10 choose, the
General Assembly inferred, lst by consequence q
right to instruct: III and from right TO instruc'.
By consequence u right TO command; Sd and from
a right TO command, by consequence JOusdcn
dniy on The Senator to obey Sach command. II
quentia rights, depending on each other not sane
toned by any written, positive regulations, nor
resulting from any single obvious result of reason
or argument, but supported BY various, intricate
processes of ratccination
eli in this long aud delicate chain Of reasoning one
link be br ken or detective, tie whole machinery
suspended thereby will necessarily fall to the ground
II is then denied, that right to instruct is con-
sequence OF a nigh, TO choose. Every consequence
resulting from any given cause, must necessarily
be uniform and universal; he cause the same cause
always produces the same effect. If consequence
be imputed 10 any given cause, and upon expert
meat, not uniformly and universally TO result from
Il, II must he concluded that there is some mistake
in such mpu'a;ion; otherwise the absurd conclusion
would follow, that the same cause would become
whimsical in its operations, and produce different
and accidental effects. That the right to Instruct is
rot an uniform and universal consequence of the
right TO choose, can be tested by innumerahle cx-
ampes. 1t is admitted by the General 4 Assembly in
the OF the electors Of the President of the uni
ted States, &c. the right to choose in that case is
admitted not to confer by consequence the right
to instruct. The Senators OF Maryland are chosen
BY electors; but never pretended in that case
that the right 20 choose involved bv -coasenu&r,.
thc-;fghf tUHStT0ct. The organization and powers
of the General Assembly afford still more i!ustra-
tive and striking examples. Under ihe.constitu-
zion OF the state, the General Assembly is in
vested with She power Of choosing the Governor or
chief executive magistrate of the sta.. Has II
ever been conceived cOntended, that tbs riebt
TO choose involved by consequence the right 10
instruct li in the discharge oil his executive func-
tions!
g The General Assembly is also invested with
the power TO choose the judges of al the superior
courts OF the state: has ii been conceived or
on,endcd, thai this right 10 choose by ccnse
qucncc involved the right to instruct the Judges
10 the discharge OF heir judicial functons5
a. The q. u. is Likewise invested with the
power OF choosing all the genera! officers of the
militia: has il ever Leen conceived or contenGed
that The rishtto choose by consequence involved
Inc right 10 instruct then. in all the functions of
The art military, SC. &c. &c?
80 II these consequences were to be asserted and
acted upon then would the General A assembly MOI
only be the Legislature of the state of Virginia.
but would become its legislative, executive Judi
ciary, and military, sc. To all who place the
safety of civil and political liberty in the principle
of a separation s independence of departments not
only in their respective organizations, but in the
discharge Of their respective functions this would
prove an alarming result; and would probably pro-
duce positive denial of the consequences IL
should here lie recollectcd that in the constitution of
Virginia this principle is almost exclusively relied
upon for these great objects. Here permit me a.
gain 70 solicit the earnest attention of the General
Assembly TO some other provisions of the con-
sti'ution Of the United States. II will be observ-
ell, that the Senate is invested not only with re-
ciprOcal legislative powers with the House of
Rep. esentatives except in the single instance Of
being excluded from originating revenue bills. but
it also invested with the highest judiciary and ex-
eeutive functions. In The constitution are these
words: " The Senate shall have the sole power 10
try all imDeac bmenfg when sitting for tba, r,,,