Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1829-01-24
COMMUNICATION.
FOR THE


INVENTION
Though more than Fifty years have elapsed since
the establishment Of our free institutions in Vir-
GINA, there are many fundamental principles of
government yet almost entirely ne W to US. Ac-
cusiOiped 10 regard them as political distractions,
our statesmen and the people at large, have con-
tempIated SOME OF the primary questions Of rep
resentaiive government only in the closet, without
reference TO their practical application to human
affairs. The consequence is, tnat we now find
ourselves suddenly engaged in the consideration
oil subjects which ought to have been discussed &
settled long ago. The original trainers of our
Constitution had not time for this task. In the
anxious and eventful period Of the Revolution, our
fathers only regarded the few great preliminaries
which were essential to the establishment of our
indcPeDdence-organizing the forms OF govern
me MT, and adapting the general outlines of sys-
lem to the existing state OF affairs. II has deyolv-
ed on US in the fifty third year Of our independ-
ence, to fill out their sketch, and to complete
the work which they were not permitted to ac-
complish. While our sister states have deliberate
ly revised and established their places Of govern
ineDt, we are now, just where we should have
been in l776-about TO consider for the FIRST time
The cardinal principles on which our institutions
should be permanently founded.
II is not surprising that subjects of such magni-
Jude and so novel in their application, should give
rise to very different opinions. / feel assured, how
ever, that these differences may be reconciled,
since truth and principle must be the objects com
mon to all. They are always accessible to the
Su'hSSh uhh uobcSt cH4uutT-u Is perhaps well
Tor the ultimate excellence and durability of our
institutions, that a wide and unlimited scope should
be taken in orr specuiations and arguments on
these subjects. The science of government Is no
mystery with us-it is neither loo subtle nor too
gross Tor the comprehension OF the meanest or the
most refined understanding. We may hope for
none but good results from the combined wisdom
and moderation Of our stste, when the minds of he
people are once reused to the importance Of the
present occasion.
i DO not mean In an,icina.e pobIic een,;,nan,b n,
cnnvassing those principles of fundamental right
which sre involved in a distribution Of power or
privilege among the classes or territorial divisions
oil our state The attention OF the public has been
arrested by one Or two preliminary questions
which have prematurely arisen in the legislature.
and which threaten, Of they were no, de.ignedl
to divert that attention from the grand and appro-
pirate objects OF ~inquiry-The people Of Virginia
(as is well known) have deliberately resolved 10 a.
mend their constitution by Convention. The le-
gisiature have voluntarily assumed the task Of pro-
viding and arranging the most convenient means
for giving effect TO the will Of the State, thus I'M
equiVocalIy and solemnly declared. Wbuse triU
have the Legislature undertaken TO effect. Is il
the tDiH OF the freeholders ofeach particular coun.
~ or Borough which imposes an obligation ON
the delegate from that county or borough? Ifso,
II IS obvious that there has been no expression of
the public will on this subject which the leri.,a-
ture'Are bound to respec, and obey. If each del
egaie is acting OH this occasion, under the author.
ity oil bis immediate constituents only-why are
The legislature engaged on the subject at all, since
the Immediate constituents OF a majority of dele
gatcs are opposed TO a Convention altogether, Blu.
the legislature have undertaken to efsct the mill
OF the State, or rather o afford The most convent
en-! means by which the State may effect its own
VIII: Have the legislature of Virginia, in the
Piehi'nde OF their powers, conceived that like the
Parliament Of britain, they are superior to the PEG
pie; OF do they imagine that they are actually the
people hemselves?Wben I read the debates on the
subject oforganizing the Convention 1 am constrain-
Ell TO believe that many members Of this body,
nave been actuated by some such strange 5eln-
sion. i would take leave TO suggest to them. tina,
u is the Uid OF the people (Which constitutes the
supreme law under our democratic INSTITUTIONS
and not the iciH oil borougbs s. counties, which
lhey nave Undertaken TO obey with regard 10 this
subject.
II may be said, that it is the. proper and indis.
PeDsable duty Of the Legislature, 10 prescribe
some rule oil representation in Convention. yery
true-But have the Legislature the power TO pre-
scribe any rule, which is to deprive a majority of
the people OF their inherent right TO con,roul Ibis
sunJec'-and to vest that right in a minority or
wheresoever else it may please them! II they
nave, whence Is That power derived! The consti-
tnnon has organized our Legislature on the une-
quail and UNJUST basis Of county representation,
whereby a minority Of the people are enabled to
iegislate on ordinary subjects for the whole. Has
me constitution also empowered the Legislature
TO alter or abolish the Lea Iegun-or 10 prescribe
conditions or limitations to the rule by which the
PNOP'C w " I Oh tnIs subJect Hi has, why
was iheTe any appeal 10 the people-or why are
we 10 have a Convention? The lie gislature, then.
nave not the power under lhe constitution where
ny they are created, TO regulate our funda-
mental laws. They can derive ii from no other
source. Can they delegate to others what thew do
mol possess .hcinselvess Can they, in a word, deter
mine by whom, or how, the existing constitution
snail be annuIled, and another adOpted2 If IL il
competent for them to do this the people of VIRGINIA
have strangely misunderstood the spirit & letter
OF their institutions.
Various propositions have be en- submitted in orr
Legislature, the avowed object Of which was TO
designate The persons and things entitled to par,i-
cipite in the formation OF a new plan of govern
ment. ! would ask the authors ef these PROPOSE.
tions, u they have not transcended the Limits Of
Their legitimate power. If am answered in the
negative, i would suggest whether il would not he
wise as Wen as consistent in them, after assuming
thus mucb, TO assume yet a little more. and save
The people al further trouble and expense. bv A.
DOPING and organizing for US, an entire new plan
or government.
IL may be urged, that the legislature have only
undertaken to recommend, not to command VIVA,
Their s1periors shall do on this subject. II il ex-
pected, however, i presume, that their recommen-
uanon WIZ be ac1ulesced in by the people. IL il
certainly desirable. Is il a reasonable exuec,a-
Pton' That the people will acquiesce in any plan
Wbleh fs grossly subveTsive Of all The first prin-
ciples oil representative democracy? II is one ihing
70 impose an obligatory restriction on the exercise
OF an inherent, sovereign p0lDer-another. TO claim
protection lor rights, which il not vested apder
anthority OF that power, are certainly depcnd,u,
on II Tor their security. This subject NAV he Sim,
phhed by a recurrence TO the principal inoujrv-
IN whom Is The natural and political power of The
commonwealth vested! l regard this for the
Present as a question Of abstract right. I
cohsneT he commonwealth as an entire com.
munity, without reference 10 any local diyi-
4 SION OF IntEFpaf The l...- a..s- -.