Virginia advocate. [volume] (Charlottesville, Va.) 1827-1860, 1828-03-22
STATE LEsGlSAATsJsaE.
HOUSE or DELEcII,E
Speech Of ", C5eks Of ANgs,arlc.
-ICoNCLuDEn rnnN MN

Speech Of W. Coeks Of ANemarlc.
IcoNcLuDED FROM OUR LAST,
come no" HI'. Speaker To the other and much
important b-anch Of this que,ti,nthe CO n,tutio,,
authority OF the Legislature pass the b, in YOU,
hand
You cannc, have 10 gotten Nv the .,amn, thro
sut by an e'oq 'eni gent from county of Nor
folk during the last inter, The LEGISLATURE OF
Vmsini, that while they would re,tr,., 1h. E,.r,I
Government I" li'er. and narrow construction o.
the constitution Of The United States they were
faudi"aans IN the Interpretation of Their own pow.
srs under the constitution vi Virginia For one SIR
sannot admit thai AN obnoxious TO this chanec-or
hold II :" &c iundamru. al principle Of repubca m
;"hethe' 4" interpreting the State Federal cons,iu-
Si'hl tha' 90 quot whether particular power ha,
been granted, is, to decade against as erercme
II wa7 the street observance Of golden po!iticai
maxim that in 1901 arrested our headioos cuurs. To-
wards the soiteS of monarchy and brought u, La
TO the principles Of the constitution il the utter
disregard OF 1t in modern days that has set us adj if
upon the wide sea OF speculative conjecture without
S""'' vi compass 20 di!ect our con.se. am there
tore, too sensible of the Importance aud value of this
rue OF Interpretation Eo to be ready to observe i,
myself, as to insist upon its Observance by others
i. true Sir there Is essential difference between
the constitution OF the United States ana that of Va,
gina The one as cha of certuin sveciGeQ porer,
the other grant of all legislative AUTHORITY Min
fHn tmiWt0ns and rest lotions Congress can do no
thing except what they dir ectIy or Indirectly an
th0'-Gd To dove can do almost any thing that 10 not
HphiEed But, although there is this mark Il iT.r
ehte an tie mode by which power is delegated and re-
'lc'.o' by 'hese Two instruments, the uc of inter.
petaon OF which have spoken i, equally appic,bl-
TO eaca for is founded upon pr,ncipa ak. aon abi
- ece"yforna of republic gov eminent its safcr m
the agents OF the people to 90 back To the or ,;o,
source Of political power, or an enargemrn, nf 1h,
authority IL such enlar cement fouua
TO weaken or break through the barriers thrown a
'ound the nights OF The people, by exercising powers
intended to be conferred. Whero doubts via,
the people arc the only competent authority explain
them
Applying this rule them Mr. Speaker to the bill be
fore the House. ! call upon every gentleman who's,
mind is not entirely free from doubt as to the coDsti,u
,snSlity ofthi- measure, and who acknowledges ,he
To act in ohcd;.
eoIdius his vote against the bill. For myseIf sir
not only doubt our authority pass it, but am salts
Constitution from passing il
In looking into the Constitution we find that q, 9
mos. marked Characteristic by which it is dsting ush
CO. the principles 0f checks and Balances that per-
vades The whole INSTRUMENT. have ever admired thi,
feature OF our Cons tuun, cause of the bc,ut or
der, and symmetry imparts to the whole srnctnr
ont SIT, confess havenevep learnt duly to appreciate
ats vafHe until the present moment look to !, as the
ony nieuns ct saving from the drcful mischefs wi n
which consciously believe this TO be frauybt
the hlustlous men who framed the Constitution
taught by history, the danger Of accumula,inp too
rnuch power III the same hands, and ware Of the
pToheness OF man, not only abuse the u hort wi
which he IS intIusted, but grasp at laid
'ne foundation ct the government they we're about 10
erect upon Tie broad republican principle that polt
caipower should be distributed among various acnis
who should act as checks and restraints upon "a n
"hef' thus' sr, we find them only establis hing
three great coordinate departments of Government
'ee Lebi'itiVe, Executive and Judicia-but subdi.
'id'nS each oi these again, into smaiie, alIoments ~
power Even the Executive authoIity-under almost
every othci FORM Oh Government earth cenerinu
Tor the most part, single individual-, divided bs
Nveen the Governor and eight Councillors wiihont
whose assent. he ca"not exercise solitary power
even the most insignificant And this House 10,
SIR although The immediate representa- ves of the peo
Ple--irom among whom they are annually chosen
nH 10 "hoh they annually return. to give account
:. '"ti' Sue" aidShip-~rs denied full and compc,e
heE'st'me powers. and is checked and curbed by co
S".na'e BRANCH OF the Legislature, without whose
sanction no Act OF ours is valid
DeIIege he ic,l
Saprc that So carefully guarded hts and Gber
so' "e people from eneroachment, by Executive
% we most iined aud nisgard powers & by House
~ De't 9a'es' e"aha'i"g lmmedia'ey from the people
themselves, would have been iued to se.t u,
."e aLIh"'iy OF The Judi iarJ the least RESPONSE
0ie TO, and the artcit removed from the ,eoaie oI
al Tie departments OF the government! If our fore
'alheTs remembered that there were such usurpes and
desfots iii history, Cesar and Cromwell Inv did
not forget that bumao nature had been dssraccd bv
lie production Of such vile miscrcsnts as Scropps and
SeHeriss S', IT this salutsry principle of sbdvis
'n % power could have been any where safely dis.
ehseh With III The Constitution surely it would have
sen III relation TO the popular brsnc h Of the Leo,Ia
ure' whose term OF oGtcc il sho,fesf and whose ac-
oHHtd1afy IS the ST. icfeS not in relation to the
1udicJ"y, who even elected bv the nco,I. and
Nhose cH"e OF oHi'c Is during good cbavorin other
words, sir. for lie.
Now, sir, II YOU can unite yo of tbr r-o,,,s Jo.;
;ea ny inc Constitution. and among which the Con
shuion intended TO distribute the Judicial Authority
W oe eSerc1ed III separate and distinct paroles YOU
may I'end all the Courts Of the altb i'm 0ue
And what then becomes of this nc,timabIe ptintioe
81 checks and balances? II is gone utterly snniti
el' Reasoning fto analogy therefore we are brought
20 the inevitable conclusion. that the trainers of The
Constitution no more intended TO make the Judicial
Office one ans iHdiCisiJe, than 10 couccntre al E.ecn
tive Authority in the Governor and all Legislative
power in the House Of Delegates. And we shall sec
hereafter that ibis inference is fully borne ont bv the
Pl"h and obvious neaning Of the Constitution itself
out before proceeding TO comment on those rarts OF
'he Constitution that have immediate bearing on
ne question discussing, beg leave to notice
"'' o. arguments much relied on by the advocates Of