Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1827-03-01

naa been presented TO proceeding legislatures, an
not one petition to this. So far, therefore hi
legislature has acted upon this -ubject, il has bee
rom Its own voluntary impulse, unmpelled by
single petition from the people addressed TO il
sen. Upon looking 10 the deduction in the pre-
amoIe upon this statement OF facts. it appeared tc
me. 10 be perfect sequitur. This deduc.
non - in the following words" this .1ssen,bl,
zee! II shen duty 10 ascertain the wishes Of the
people shereupon' WHY feel il their duty, BE.
cause, as IT states, that certain portion of the
people had already done tie same thing. Now
u appears TO me, that this incident could not by
any means con.er any new duty upon the legisla-
iuTe, IN relation TO that portion of the people Who
had declined expressing the same wish; but lef,
'hs'r rights and dulles with that portion OF the
people precisely where they stood before I can
zee nothing OF the relation of cause and effect in
MS case. cannot discern any connection, rela-
Eon-hip nor affinity between the inci,irni asser, Ell
and the deduction made fro... i. OF course no
new duty could be merely imposed upon the Gs
neral Assembly, 10 ascertain the wishes Of the
people theseapon;'' nor TO ns,rnc, the people TO
areef,ain their own wishes. But all the rights
and duties OF the people remain precisely where
'hey did before, TO be acled upon according 10
'heir own sovereign pleasure, and ii it were their
own pleasure, 10 ascertain their cwn wishes.
There Is singular peculiarly In the language
employed IL making this deduction. g This AS
ssmoly Jeel II their duty Ieferrins this new
duts, thus derived. the sensibties OF the heart;
rather Than to the reasonings of the head have
no doubt, Mr. Speaker, bur that this preambIe
IS The honest result of The f,snkness and candour
OF us author. have doubt bat that it is a
Ian exhibition oil the true picture OF his own mind
but cannot help thinking, that he has mistaken
Inc real source oi the deviation OF this feeling.
II cannot be from the inciden, 10 which j, il as
cTi'eu; because, there is no connection between
the one, and The other. must tiie efore conclude
that the teeiiag was anterior the incident and
that II was derived from his own considerations
reflections AMI wishes upon the subject; and there
lore, Could not add any tuiy whatever to this
General Assembly. This crcumstspce reminds
ne ui recent incident, which may in lis conse-
que ces, put the whole civIzel world in arms
ferdinand the 9Th, and MS intelerant .bisoted
priests, Jett 1t their duty 10 avail themselves of
the incident OF the PorGsuese deserteis who took
refuge IN spain, those desert-rs 10 por-
iugal with ANS ia their he d- for The purpose
OF destroying the constitutional charter gwen TO
that nation by Don Pedro the Folrth. But it is
presumed, hat ibis feeling was not derived from
that ncideHt, was anterior 10 it, and was derived
from iheir own considerations, reflections amd
wishes Tor the destruction of iha; charter from its
( origin per tas sui nefas- The preamble, which
is no." suttipted ioF the original one jus, read,
commences in the following words = whereas
I presented TO this Legislature oi Va pyaying the
passage Of a iatc, a6arding facilities 6y luhich
m" oppression 81 Inc Putt,c roice mag be had
/ as TO the Propriefy Of coiiing Correction 10
oR'endihe State Consi;iutiOn'' Will merely
remind soo here, NJ. Speaker, tina, there is di-
erence, IN the sia,ementDf snaierial iact between
! the original preamble, and the Substitute The
hLsl as:errs-" that n POTtion of the gcoR- re0J,ie
offhis Conference.-The are desirous Of annsl,ling
d p Sfl o{- no ~,
frequent earnest and respectful petitions haze
6een presented (not one to this LegislaIure1 to
the Legislatures Of Pugirsia praying the passage
~ fGto dGording facilities, 6s schsch,' &c
/ The preamble proceeds. =" and whereas n Is h.
heyed by the present Generei Assembly, tina, The
ProTacted agitation of tbis question has engende,-
| ed feelings and 9eaiousies inimica TO the pubic
| veal, and which can be best aiIayed by full,
fair, and unquestonabe declaration Of the pubilc
will alone: And whereas they are persuaded. nv
! experience and obserYaiions that from the ex,ent
! OF our Territory, nouiber of our population, and
oher causes, general and satisfactory deyelooe.
/ neHi OF public sentiment, can scarcely be b1o
t'',thoat the oad Of Legislature facilities Ina
! irherers Mey censcientiousfy entertain the GRIN
'on that the grant Of such facilities is ,tficil,
to'th'n he limits n their iesisIotiue pOwexs. :
! II cannot escape observation, AIR Speaker. tina
here Is peculiar singulsri,y in the organization
OF this eubs'i ute, corresponding with the one il
the original The over OF The General Assembly
TO pas his bill, is there referred 10 the forum o.
the heart instead OF the head 10 feeling in-test
I OF The understandings here, we are re erred c
The forum OF The conscience. and it's dictate. 10,
the same purpose WI barely here remark Mr.
Speaker, tai, - reg IDS myself, do MOI heljeyt
any one OF tie declarations here made so fa
from II, con-cieniIousIy believe that nothing j:
so likely 10 produce the deprecated effects, as ae
tatiag this question by the rOlu5at arr impulse o.
the Lfgisl0iure, after the people had cease9 I,
cGH upon them TO do so. Anal will further say
Mr.. Speaker, that am conscisntiousiy of the o.
pinion, that The grant OF such legisla i've fac;u..
Is not within the powers of this House, ac,ordu,
+ 70 the sense IN which shall now proceed r,
consider that term. grcnt OF legislative iacilt
ties, Is certainly new term in legislative mir,
seoiogy presume its meaning will be locke,
! for III vain, In the last edition Of jacobs Law
Dictionary j, is often SAID, MI Speaker. ,ta
there - nothing new under the sun But In tbes
eva, fashionable days, every thing appears 10 mi
10 be new under tbs sUu. 1 hone mir Sreater
hat The worthy ingenious author of this p,esubl.
VIII not conceive tha; the definition shall a,
tempt N give Of The meaning Of this Term. :.
gTsni OF legislative facilities, viii be made In
-pH" o. cfnIcisn, sill less in spirit of sarcasm
no, s'r, am incapable OF indnIging any sucl
spin; nor should now make einele remark III,
on that pom, I'D not conceive IT to 20 Ji,ec,i,
10 The very essence, and io involve the very gi o
The question " under debate. The tenn r,
c'es isibe least technical, * he most indeiina,
term OF any ~ the English language; and was fo
tha reason, as conceive, most ngenIously choser
oy ihe gentleman Tor be purposes OF this bill. /
Is sODj- ci 10 aitenua ion, TIL loses al meaning i,
i something less than the shadow OF shade.
nave never known, except 10 one instance, tb
term Ihiroineed int legal phraseology I, was II
tue under tyhfclt lfftt,.t., ,....f.......