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

$3.50 W NIX
existing government. They possess (per Eas aus
nSds) the sole power Of altering and abolishipc
the forms OF this government. Now, it is proros-
Gu ey the legislature without any special or gener-
al delegation OF authority to that effect, that this
sovereign or at least this constitutional power shah
be exercised by a minority of these freeholders.
! ms proposition Is not urged on any principle OF.
intrinsic justice or inherent rigbt-but on the
ground Oh expectancy as contra-disiing uished from
principle. Ii is thought TO be expediont, because
the minority Of freeholders by whom it is proros-
ed this power shall be exercised, are the propsie-
Tors OF three iourths OF the slaves of the Common
wealth, and their right Of property in these slaves
would be enjoyed at the mercy of the majority.
should The majority administer The government.
Let US suppose that any apprehensions on this sub
I]ect are well grouDied-how do they affect the
question under consideration, Have the lecisla-
ture in their capacity of ordinary agents for tho
State, or in other words, for the whole BODY cS
ireeholcers in the State, any authority TO guar,t
inns or that right Of property by unde rtasilc. 4,
decide who shall and who shall not change t,!e
fundamental laws Of the body polite! Has the
slave holder, as such, any right at present 70 be
represented in the Convention? Ii he has no.
can he derive that right from the legislature. II
lhc legislature can admit or prohibit the siave-liol-
der to participate in the establishment of a govern.
nienf, they can enlarge or restrict the rip bts ~;
reeho!ders-of aiiens-of slaves themselves. II
this may be done, we have arrived again a. the
point whence we sat out-ihe legislature are &c
supreme authority OF the state.
But it may be said, that the majority rs tho D..
gis'a'ure represent. the known viii of their imtne-
diate constituents on this suhiect.-As those in
mediate, or local constituents constitute n M.
norlty OF the people or citizens Of the State. Their
Will should only weigh pro rata, in the scale Of the
whole community Without regard, however.
10 the relative inequalities Of our representation.
In the legislature, ii is manifest that the schemes To
regulate the right of representation in Convention.
are as me lawyers say, c0'dm non JUDGE. The
iave-holdersa as a constituent part OF the community
may refuse TO go into Convention OH any terms Ia:
me slave represeDta'on-the inhabitants. OF III.
small counties may ~stipulate for n county -epyesen-
.a'ioh-aad these acts would be good Tor whac
they were worth. But can the STAKEHOLDER o.
the inhabitant Of the small counties. imrose re-
strietions and dictate terms 70 the STATE Oh these
subjects? This would be The inevitable conse.
fuence of a legislative interference. "
II n Convention is 10 assemble Tor The purpose
Oh amending the existing forms OF government ana
organizing other forms for the entire State suc,, -
Douy can acknow ledge no other clements of nov
er man those which are recognized in the prescu,
Constitution. II is not competent for an ordinary
,esm.s'nre 20 create ne" elements of power, OF 70
modify or abolish such rs have been created ~
ms fundamental compact. Our prcsen. C%onsiiti-
non continues In force until another s.sa be n
dopied. They only have a legitimate right 20 aI.er
OF amend this constitution, who we're original par-
hes tothe compact. The moment we admit tifoso
VINO were no, parties 10 t,.l- contract, TO 4 sba-,
IN ahhu'bng or amending its provisicns-the CON-
pact itseif IS a5rogated, and we are resolved iDs.,
Jdei0 mo me primitive clemens Of nature, or in,o
anarchy. It would he a revolutioD-not a co,-
vention-ani the extent to which each iniiriln.l
should then exercise his natural rights. could no
determined only BY the jWs sEddi.sanv inter.
ference oil the Legislature, then, which is design.
Ell TO afimi. or reject parties rs this .uDtamen.,t
pact, would be totally imperative and idle.
J. have endeavouredt 20 shew that any act of the ,e-
gislature tending TO divest those of tMs Consii-n-
honai power OF the Commonwealth, 10 whom it Sc
obviously belongs, would be vain and destitute n:
all authority asa law. 1t is not probable that. ,ha
people tor the tFeeho'iers; who guoad hoe are. The
people) VIII acGniesce in any re COMMENTATOR ac..
"hich violates our established principles OF 90
vernment, and ~deprives the majority of ,Ee rich.
10 frame and establish a constitution. II is lie
people who have determined to go into Cunven,ion
--,hc:: determination has given The impulse 10 puhI:.
opinion, in the legislature and is where1i has
oeen recognized ny all as the authoritative and
binding decree of the State, and the question is n,
longer whether this decree shall be carried ;n.o
effect, but by whom it shall be eH.cted.-It i, .
solecism to say that .hcy, who have a rieh, TO de-
termlne on the call OF a Convention, have no. a
.gn. 70 can 1t u the Legislature had insisted
WE'VE months ago that the counties or the slave
holders had o right TO any extraordinary priyile p.s
AT The polls, when the question Of Convention Or
NO convention was submitted TO The State, the
proposition would have been more reasonable
IMAM that now conteDled FOR. The reasons which
are urged In favor OF this proposition now, were A..
potent 'hen-had they been valid and substantial.
that was the time for their consideration. Thev
were o then INSISTED on, because il was honaa
ana believed by the inhabitants Of The small .coln-
Ties (the natural enemies O. Convention, ,bo.
majority OF the ireeholders Of the Commonwealth,
were opposed to reform. The result OF the vote
,ast sPFing has disSipated their delusion-,nd "a /.
iast aIiei native OF these expiring plantations ~.
eau Them by their original and appropriate appeli,.
uoh) tney have grasped this rotten plank with :
VAN nope. that it will sustain their estravooont s,I
unjust pretensions. az
me question OF eSpediency, involving the &c
curly Oh property. either real or personal. will ha
properly cognizable by the Convention II vii,
De . lar subject Of consideration and compromisr
IN that body, whether new elements of pol;ticai
power shall be recognized by aur future Constitn.
sioD- whether new parties shall be admitted r.,
the social compact. How far the rights of faxa.
uon and representation should be Se,rded "a r..
iau'e ana mutual IN a community like oursis uues.
uon deserving the most deliberate conside,a,,,,
TVS d question IN some respects without paraIle,
=! precedent. The example OF the federal rule
uiners materially in its circumstances and arplica,
.lon iron. NIIs case. Representation and dfreci toy,-
non are co-extensiye in the federal rover men,
hxceptIn periods Of war that government has lou,,I
no occasion to resort TO direct taxation. No statc %.
VernfneHt can levy any other than a direct tax, for
US own revenue. 81 a SheeL. carriage OF snV O.
iber article oi property not represeRted in flc Fed
erai Government, - taxed By Congress. il IS dc.
cided by the federal Judiciary, to be IN inDO>f
dutB-Do, q direct tan. This decisiOn. j. yindtr. '
ted on the ground oftho inprac. icabiity ard in
justice Of apportioning taxation among the et,fcs ( =,
every instance according 60 Trprcs. nj lion or nun.
befs. The State governments, however, are saved
the necessity OF these subtle df srt irn;nai-,- D.,
the federal constitutions, which limits Their move.
oi revenue TO direct taxation. IL IT be- sounl ,ri.
.ciPie, men, that taxahonD & represc niation should
De co-eAiensiVe, the practical imuortance OF fila
pIihF'Ple VIII be more sensibly and c,nstapt'C