Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1828-02-06


published by pocamat ton the Governor /, Shall AIS
be the duty of the Executive TO the
dug Legislature the several returns from all the Coun,iv
and Corporations within this Commonwealth, made /;
ODE dience to this Act
"Sec s. find 5e ii fatier enacted That if apv Shs;o
or officer, Clerk or Deputy Clerk, shall re-
fuse fail to perform any the duties he reon
he or they so offending shall forfeit and pay the Com
honwealh for the benef, of the Literary Fund.- sun, no
tess man "unnIeo' nor more thaR hun
bred doars-It shall be Ike duty of ~. Commonwealth
Attorney, Tor the county or Corporation where oe nc
may occur to institute prosecution for the recovery
sai penalty ~ any time Within year. hrst h
OF August next.
"Sec. .4na be ii Jrher enacted That it shall, he tn,
DUTY OF the Executive forthwith after the passage of this
Act To cause the same To he published in
within this Commonwealth, as in their opinion, are best
calculated TO give general notice Thereof the good people
of Virginia. aud such publication to be reruarlv
continual until the last day Of April next.
"Sec g. This Act shall and be in force from
the passage thereof"
MIR. DROMGCOI.E rose, and said, that having
offered Substitute for the original BILL was ex.
pected that he would assign the Senate the erou nd
Of his opposition TO that biIl and the reason of In,
preference for the proposed amendment. Before CT
terng upon the discussion, tie begged to call the a,
tenioa OF the Senate to the fact, that exetions had
ceen employed TO prejudice their minds against the
adoption of any amendment whatever. lie hoped
that simple alusion to the circumstance Sou!d be
seh'cent To place us on guard against the indu-
gencs of feeling so incompatible with correct Iers>
iaiiop Halter myself that the members OF this body
have not entered our chamber predetermined TO turn
deaf ear tn all argument tins .ubject, and 10 ex
Glide from their deliberations he operation of reason
EeIhaps on the decision of this question NAV rest the
fate OF the constitution, and the tranquility of the
people, In matter so vta!ly affecting the existence
OF the government and which therefore is of tie deem
est interest To The entire commonwealth we ouelt 10
discard all 'Ga:y pyepoSsessons every local feeliu
every sectional prejudice: ought proceed with
the most guarded circumspection, and accurately sur
Eey all The dangers which surround us. No unholy
passion should be permitted 10 obtrude itself upon our
CONSULTATIONS, and the slightest wish to attain an oh.
Ject by nsdious Legislation ought be promptly ex
PEELED as unworthy the dignity of the Senate of Virgil
MA In spirit of franlIuess and candor propose 10
examine the principles OF the bill under considera-
lion. Against the proposition to collect the s.sense of
The peoptc" by act Of assembly, have ever protested
as extraordinary and anti republican. l know that il
as a fruitful :seine of defamation among IFS warm ad
niTers, and that denuncia and prescription avail,
those who will not render il their support The obi.
Ous charge of hostility to republican PRINCIPLES the
accusation OF being unwilling trust the people, Of
de.rig 10 stife The public voice, and every ephct of
pui,;ical repfoac have been level!cd at those vino
stand refractory and iuy;elirg in their resistance 20
is anomalous Legislation. Taking the sense Of the
peor'e-wDg III trust the people-submittinc 10 tho
voice OF the peoplc-Iefcrrng this great question 10
the peoPe-graning TO the people legal facilities TO
enable them to express their oc. opiGicns-ti,ese 70
the magic sounds which accompany THIS measure ard
enliven and accelerate its progress. Upon these alb
strsct expressions the changes have been SO often
rung that every distinct idea connected with the call
OF a convention has been nearly lost in the VAST conf
sion of sounds Persuasive ingenuity uervertipr so
p'sry, and exciting defamation have combined 10
shed around tins subject pickering and he,rayine
blaze which has almost su6ducd the mild but steady
beaming light Of truth
! propose sir, 40 cndeavor to shew that the hill nm
der consideration in conflict with the vital and fun
damentai theory of representative governmen':-that
II is founded in denial of the competency of tie peo-
pie 10 act upon great questions without legislative
by
OF the people the part of the GeneI al Assemi!y-
mat II is not within the regular, proper, and rshtfui
.phcfe OF legal enactment:hat 1t does not prov ide
fairy and fully 10 the ostcssiIke purpose OF IFS
passage-but dat il is an insilious effort 70 secure
the call OF convention in violation of most sacred
| ana !onS received axiom in republican politics.
Representative government grows out OF the incon-
trorertibe right OF the people TO establish their ow
municipal rules Of action. This right however cannot
be excrcisca By The aggregate community and there
fore enient local divisions have been marked o,,
and agents or representatives have been delegated to
utter and perform their will Ordinary ie~islaIitn
embodied hy agents constituted for that p,Irpose
Representative Assemblies are clearly suhmsiitp1es
Tor the collective body OF tie people and always
whilst restrained within their cons uoaa sphere oi
action, their PEI maDeOt written instructions, by ;enal
presumption, express lie public wish Tie very
term representative oFcie conveys the idea that the
individual thus designated is The organ feelings
and opinions OF others. II is true that these apents
|
| pie to exercise their own discretion upop some
topics they are charged with general upon oifars with
sPecia' Instructions a ha'c requiring the officers OF
government to collect the "sense OF the peopien al
the first instance, az rule to govern the delegate
and as preparatory step to ulteror legislation inter
poses 10 ermediaie persons between the constituents
and their agents. breaks up the direct intercourse
winch ought TO subsist between them, and proceeds
upon lie belief that the represent alive stem itself Is
insufficient to give form and substance To- the Dopu
lar Will The intervention of third persons ma,cri
any inPas the immediate responsibility OF lie repre-
sentative This bill is il conflict will! the established
tp'inc'pies or representative government, because il
interrupts the free and direct Interchange OF opinion
between the principal and agent; because it direct.
ministerial officer TO collect the wishes Of the people
and then makes the Erscuise the organ OF their eIun
Grafton; because this ci-cui'y OF aunica,ion wca
keDs the responsibility oftbe legislature to their ell,
TORS; because 1t virtually denies the ability the vii
Ingness OF the representatives express the opinions
OF those who have selected them for that purposes ana
therefore presnmes the inadequacy Of the whole sys
tenn to fulfil the grand object Of its creation.
! THIS bill denies the competrncv of ,i,c nso,I. .,