Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1827-02-20
VIRGINIA. LEG1sEATuRn.
HOUSE OF DELEGATES.
DEB.qTE O.N' THE CO.N'VENYIo

Substance of Mr.. JTaHoce's remarl.. in reply
10 Mr.. Upshur, on the amendments proposed by
him, Mr.. ID to The Convention Bill.
Mr.. Speaker The intrinsic wesht OF the sub.
iect before US, combined it'll he ability of the
gentleman wEo has this moment closed lis argument
in favour OF the amendments u;der considerations
ne. of the almost overwh eiming difficult
ties | have 10 encounter in addressing the House
But, sir, doctrines have been advanced, powers
have been claimed FOR the General Assembly.
which ! canno, conctGe they Ios-tss and the
exercise OF which, my duiy as a man, a citizen.
and representative alike compel me 10 resist
Before proceed to consider the arguments OF
the gentleman, 1t il necessary | should notice
lie remark he made, 90 that the gentleman from
Amelia, Mr.. Nash) had avowcd no such senti-
menls as those had attributed 10 him in nv
reply" have but TO say, upon iLis subject that
The gentleman from Amelia and did understand
each other; that he explained, and tina, taking his
explanation, as what he had said, and what | had
understood him TO say, proceeded in nv r-pJy
without interruption under these circumstances
the gentleman Mr.. Up>hur) says Tho, 1 misr,'
stood the member from Amelia. (Air. ~ J. ,ha, he
had not said the Legislature could limit a Con-
vention.- Independent of the EXPLANATION Of the
gentleman from Amelia, and his after concurrence
in my statement OF bis argument, / have written
notes OF Tie EXPRESSIONS which fell from lin, and
which 1 made al the moment.
The same Gentleman (Mr U y has said in defence
of the principles asserted in his ha, the
Limitations, % viii be considered imposed by in
stIuction; Tor, the members OF this House mus,
always be considered acting under positive or
implied instruction" Sir, ] agree, that in refer
ence 10 subjects Of ordinary legislation, this posi
lion Is correct, bJt Is this CT those subjects on
which it contempia ed Tie General Assembly
mighifpas law? Did il enter into the mind
of any man IN Virginia, that the people had insti-
tuled orernment, which so etter e., and sbackled
them, as that, without lie permission they could not
alter abolish i. /! Sir the amendments are based
upon this idea, and the argument OF the gentleman
IS intended TO support it, although lie has no, teen
candid enough TO aVow ii. But, what is lie fact.
in relation 10 the instructions which tie Febtle-
man has attempted to persuade hose opposed TO
the Bill they are TO act upon! He does not assert
that there are any positive instructions but rests
his whole argument On the ground, that their Con-
situenis are OPPOSED TO a Convention and tba,
therefore, they are implicitly instructed 10 oe for
his amendments. Here, | beg leave 10 state
my belief, that no portion CT the peorle of
this Commonwealth, have for an instant entertain
ed The expectation, that any question was TO be
decided at tie present session, but that for taking
the sense CT the people. II such lie the fact, gem
tleTnen can not prop themselves upon the doctrine
of implied instruction; and tie more esteciaII, az
the amendments propose to organize a Coapeu
ton and limit ITS deliberations and Do,pets TO a
few specified objects. Can it be believed thu, the
people OF Virginia, ever intended that the Gene
raj Assembly should prescribe bounds and limits 10
their authority? / will answer for Them No y
They have never contemplated that law me-
scTibing rules for the organization, and defining
the extent OF the authority OF a Convention. was
10 be passed, before it was decided whether thew
could call one. put it to the candour OF the
gentleman 10 say, whether his constituents eSect-
ed desired it, Sir, if the House adopt the
amendments, they can only do it on the ground Of
implied Instruction, The existence Of which il mo-,
Dretent~J. These amenIueufa
at war with the natural rights of man; they are 10
act upon bin, it such thing be possible, in that
condition in which he wss before he cam. into
society. An ordinary act Of the Legislature and
this can be nothing more, cannot extend in
operation, and can not be binding on the member.
OF society, beyond their mere social state Jn
corporate the amendments with the bill, and Won
will not only have ssij that } ou have the nos .,
10 dictate 10 the people what Hcy shaH do. bu,
you will be guilty Of high banded usurpation itself
II has also been observed, that " witbou, the
Legislature prescribed the organization OF n Con
vention Warwick would send her SIX bundled a,d
forty Inhabitants, end other counties their thou.
sands, 10 a Convention, and in their contests for
power there would be bloody arena" Tue.
there would he bloody arena, II the six hundred
inhabitants OF Warwick should claim, aud atfempf
to enforce right, TO neurslze The voice Of f,yen.
ty-fye thousand persons from LouJoun becsu.e
under the present cons. utOn, they euioypd thai
HBht W The House OF Delegates. IL could not be
expected, ihatthe people from Loudoun " would WELD
~ this unjust and arbitrary defnsnda nature meyer
designed that the people Of Warwick SHOULD pos
sess more power than their neighbours. Bot the
gentleman Gays, thai, unless the Legislature RE.
scribe rules iot tlte organization of a Convention
blood wouldbe split The amendments can have
no influences in preventing n--sll power will be
hers-ths sovereign authority will be assembled.
aad no law can bind IL, but such as it enacts'
u WIN then all al
suppose that the inhabitants ofpl the counties