Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1828-12-30

dJree agent, ought to be ia some measure his oy,r
lgovernor-and therefore. q branch at least Of the
Legisative power, should reside in the whole DO 7,
OF the people And this power, when the terri.
tories OF the State small, and its citizens easily
known, should beexercised by the peoplein the
aggregate or collective capacity, was wisely or
dained in the petty Republics OF Greece aud in IN,
first rudiments oil the Roman State. But ,hi, will
be highly inconvcnient, when The public territory
! Is extended to any considerable degree, and the
number OF citizens Is increased. linus. when NJ
ter the social war, all the burghers of italy were
!. admitted free citizens of Ron.e, and eac! had !
vote In the public Assemblies il became inposs 81.
BILE to distinguish the spurious from the real voter
ana from that time, all elections and popular DELHI
eratons, became tunuIuous and disor,ierly: which
paved the way for Alarius S Syiia, Poinpey s. Cs-
sar, to trainple Oh the liberties Of their Country
anu at last 10 dissolve the Commonwealth. In 81
large State as ours, it is therefore very wisely
contrveti, that the people should do that by cir
representatives, tchich 1t is impracsicab1e to pe
lJorns ~ -lf the people are TO do by their
Representatives, what they would do in person
vided II were practicable ought not the will of the
majority toprevaii--and ought not that will TO con-
sist OF tho free white people Of the State! Mould
the slaves be allowed to take part In the public de-
lberations, IL the people were acting in persona
They certainly would not. Upon this theory then,
oil Repre- sentative Government. as given to us by
D,i'ish writer, ought they to be included in the
basis OF representation?
But, let US hear The opinions of oar, own en-
iightened tribunals upon this subject | am great
~ deceived, if the doctrines for which am con-
tending, have not been most thoroughly sustained
by the General Assembly of Virginia. in ISL
~, and by the High Court of Appeals in the case
| OF Gusts vs.. Lane.
1 In a celebrated State Paper, adopted by, the
General Assembly Of Virginia, during the Session
oil Bile, on the subject of the right of insruc-
,ons, and the duty OF representatives, the follow
ing sentiment is advanced in relation to the princ.
pies OF Representative Government Thro' the
means OF that noble institution. the largest Nation
| may almost as conveniently the smallest, enjoy
an ,he advantages Ola government by The people,
without any OF the evils Of Democrat y-precip
itation confusion, turbulence, distraction from the
ordinary and useful pursuits of industry. find ii
IS only to droid those aud the like mischiefS, that
representation is substituted for the direct suffrage
| Of the People in the Office Of Legisldtion',-
is then, only to avoid certain mschiefs lin the O..
Pinion OF the General Assembly, that represen-
fa,on Is substituted for the direct suffrage of the
people, in the office of legislation Who would be
the people, it they were TO give in their direct suf
frages in the office of legislation The free white
people OF the State, most unquestionably. Would
not the will Of the majority Oh the free white peo-
] pie OF the State prevail, if they were to give in
their direct sutfrages in the Office of legislation
| Most unquestionably it would.--If the Represen-
tatve System then, is substitute for simple De-
moeracies,to effect the purposes-;ntendcd to
carry into effect the Public Will, upon the same
principles, how can there be any other just basis
oil represen tation, than the free white population
of the State: But, the principles advanced by the
High Court OF Appeals of Virginia, in the case of
Gusts vs. Lane, in which the just theory of Repre-
sentative government, was made subject of dis
cussion before them, regard still more conciu-
siyely sustaining the doctrine for which am con-
tending. A citizen, residing in tina, part of the
county OF Fairfax, which now constitutes part OF
The District of Columbia, offered 10 vote at an e.
lection held for the county of Fairfax, in virtue of
his hold estate, held by him in that county, and
xytti ,Hr IF Ill
refused by the Sheriff, whom he afterwards sued
The case was brought up to the Court of Appeals,
and Judge Roone pronounced its opinion. quote
the opinions OF this great man, upon the subject
OIL Representative Government, with singular
! pleasure, because solemnly believe that more
ardent, independent, and powerful advocate of the
equal rights of man this country has never pro-
duced In the course of this opinion, Judge
| Roane makes the following remarks upon the re-
preventative system:
"in some small democracies the people have
/ exercised the Legislative power in person; and
this principle is no, lost sight of, when, owing 10
the extent Of the territory the numbers of the
people, they are compelled TO exercise that power
| by means Of deputies. This necessity of acting
by agents, does not change the principle: does moi
let in to the appointment of such deputies persons
| tcIiO tut Ton the necessity aforesaid, would be
inhibited from acting in their primary and original
character In other words, none are competent
TO lesislafe mediafely By their representatives
pedments aforesaid, to exercise the right IL, per-
son."
/ This is the true theory of representative gov
ernment, rs laid down by Judge Roane and sane
toned by the unanimous opinions of his brethren
oil the bench. None are competent to legislste
medateiy by their representatives, but those who
would be admitted, but for the impediments afore.
said, TO exercise the right in person." Would NOT
the free white population of the State be the only
persons who would be allowed to exercise tb.
right OF suffrage, if the people acted in person.
| Can there be then any other just basis of repre-.
sentation if the foregoing theory is correct?
If minority of the free white peop.e Of the
State form the constitution il is not con,e nded
for moment that il go into operation until il
receives the sanction Of The majority. Have the
minority, then, the right TO form The government
when il is admitted that they have no right or
power to establish ii? You incorporate into The
basis OF representation principle which will rive
to the minority Of The free white people of the
State majority OF representatives in the Conven-
| ton.
| This is the pa'pahle and inevitable result of
making the counties the basis of representation or
| including the slaves with the free white popuIa-
ton. And yet the work Of their hands is all vain
and useless until il receives the appreciation OF the
majority. The constitution is to be submitted TO
| the people after it is formed and majority must
| vote for il before it becomes authoritative. WHY
not let that majority form it, if they alone can
| give binding force 10 il. a majority OF congress
sional districts cannot give sanction to IT, or a ma
jorty of the counties. IL will require a majority
of the free white male citizens above the age Of
twenty lone, or, some contend, majority OF the
| freeholders. Ought not then, the representation
| to be apportioned in the Convention, that the
same majority which alone can give binding force
10 the constitution, shall have the liberty through
their representatives, to make il? IL The Con.
veftIon shall form constitution establishing fede-
raj numbers or counties, rs the basis of repfesen