Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1828-12-16
FOR THE ENQUIRER.
THE CONVENTION ,

20 act IT 10 our duty hrs Of all, TO consider the at
ttude we hold towards the matter in question, is a
proposition which, apprehend, none will deny
II misconcepion exist in this particular, error il is
obvious, will affect, irreparable mischief may per-
haps faint, all that shall subsequently be DONE
TO trace up our powers ever subject to their source
Ito determine accurately their nature and extent
lin word, to define with all practicable precision
true relation 10 it, is clearly therefore indis-
pensably preliminary to the just determination Of
che course II becomes US to pursue.
This principle, universal Ia its application, at
taches with peculiar force to the case we are now
considering. Here il happens very sngularly, that
leading purpose for which the Legislature is
called upon to act, Is the extirpaton OF the very
principles upon which is itself constituted Thus
novel as this case is, in its character, surrounded
too, by considerations the most delicate and pecu-
liar, and frausht with interesting consequences,
false step in II Is particularly to be deprecated It,
therefore, especially behoves those, upon whom
the control of Il has deyolved to ascertain and per
fectly understand before moving all in the mat
ter, the true nature and limits of their authority
yer it. To this point first invite attention. To
eucidate il fully, will require to mount up for
moment, to first principles, and pass briefly in re-
view before US, the proceedings that have already
taken place.
The absolute and ilimtable rights of every peo-
pie, under all circumstances, to change or modify
III any way they shall think proper, the form Of
one, under this meridian, at least, will be hardy
nough 10 contest Itsprings out of the great natu-
raj right which every man equally possesses, to
provide for his own happiness in the way he shall
deem best--abd the power OF the many to enforce
that right against the Jcac. Its basis, therefore, is
the impregnable one OF power-its object, the un.
impeachabie one OF the happiness OF the greater
number. But, however universal this truth, and
OF whatever demonstration il is susceptible, ii
not the less wisely resolved by this Community 10
put it, from the first, beyond the reach Of cavil-
where no acquiesccnce in established forms, could
be pleaded against it--no influence OF particular
interests elude its force. IL was, therefore,
lenDly recorded, in the great Charter OF our
Rights--that, when any government should
be found inadequate contrary 10 the purposes Of
its creation, majority OF the Community hath an
jndubitable unacnablc, and indefeasible right, to
reform, alter abolish IL, in such manner shall
bejudged most conducive TO the public weal.-It
- not little remarkable that those who thus jea
iously and emphatcally asserted the possession OF
that right, should have omitted TO designate any
mode whatever, whereby might be conveniently
nscertained the existence Of that majority, in whom
the Right was declared 10 reside Yet, so the fact
u; and our Constitution, adopted soon after the De-
ciaration OF Rights az be searched in vain for any
provision wha;soevcr,re pectDg this subject. When
Then in the progress Of the Government, portions
1T the people desired that Convention should be
called, with view to remedy defects in the Con
stitutioD, that experience had shewn exist great
difficulty was experienced for the want OF some
such provision. Scattered over on extended sur
face, and without means OF concert smong them
selves, II yet obviously necessary, fore their
object could be attained 10 ascertain that they
siituted that majority Of the Community, who u
lone possess authority to change modify its fun
damental laws To ascertain this, could only be
done by taking the sense Of the whole people,
Convenience dictated, under these circumstances
that they should address themselves to the General
Assembly Of the State, composed as ii Is Of Dele
gates from every part Of Virginia. TO aid them in
c1ecting this object. A, an early period, there
FORE petitions 60 that effect presented TO that
txl. G.l ovx.~ oAoIf k.,t. +
considerable minority, the Legislature feeling no
obligation to listen to the call, very properly turn
ed deaf ear to their petitons.--But, when IL was
obviously doubtful whether that majority, whose
right IL Is to move in these high concerns, when
and how they shall think proper, did not in fact
list, the solicited aid was no longer refused. Poo
per means were accordingly pointed out Of fairly
collecting the sense OF the Freehold Votes OF Vir-
gnis on this subject. This sense has been declsr-
cd decisively in favor Of going into Convention
i shall not stop here 10 consider the question,
whether the Freeholders exclusively constitute
that community, or people, in whom the rights Of
sovereignty reside. Ii is, one certainly OF great
consequence--recessary too, 10 be decided, and
which ! by no means design to cvade. But II is
enough for my present purpose TO say, that where
exclusive Of on-freehoIders, a majority Of the
community shall appear in favor Of going into Con
vention, the conclusion hollis fortioTi when
these are brought into the estimate.
A majority then, OF the people oil Virginia have
said, that a Convention shall he called, and the
General Assembly Of the State Is now looked 10
cffsctuate their will. What Is expected Of them
TO do--and whence their Right to do IL deTiyedl
IL may be stated in general terms, In answer to
that question: that they are expected to prescribe
the mode 10 which members TO The proposed Con-
ven,ion shall be chosen, and settle the principles
that shall enter into the composition OF that body
Their Right To do this if Z; shall impose sC.seis-
tive duty Of obedience upon the community, must
be rcferibie 10 the constitution Itself or tall within
the general principle OF their Legislative powers
Its not, certainly. derived from the Constitution,
chat instrument containing no reference whatso-
scr TO Che subject. Does il fall within the scope