Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1829-10-31

chise, are not III the relation III constituent to
prescntatlve and cnunot therefore be included in tho
constituent body. Election therefore, must be left
to those who part of the constituent body and
vino arc Invested with the right of franchise.
Gontieincn had pressed into their service ether
positions They told Us that all power IS vested n
and derived iIoi the people, and Whenever the go
vcrnnent shall b. found made Iua;c the purposes
Tor whici It was created that The majority have the
ndeicasible right to change it. iio would not at
tempt to euts tile axiom that power is vest cd in aud
derived from tEc leope. Nor did he deem il ne
ccssary to enquire into the correctness of the other
part OF the ppos'tlou ta the majority have the in
defeasble night To change the government, which
BIZ considered IS an abstract propos;t;,r :
Fhcse extracts, II he correctly understood tho MIL,
argument of the gentleman from Brooke Mr. bod
dndgeJ We're attended to show that it is in the
nature Oh lace governments that the minority
shall con'roi. He could not r,,trace the gyound
winch had been SO well occupied by the gentleman
from northampton. but he would add single idea 10
hose WIN which that gentleman had gratiiic the
oomh tec' AS to this principle OF maj ty. lift was
{" be vowed as an original Inherent riplt ne could
not acQacsce iii the propositions for tie reasons he
had aircadt assigned Majority, in its relative sense
implies in interchange OF opinions Among nen Assem-
oei 10 0ei'ofaoc on conIin,a principles, and who
establish c'riain rules by which their proceedings
are governed uri, their decisions oblatned. The
principle o majority III this sense, .5ud not apply to
state OF things previous til, orgauiZat,n of Gu
vcrnment. So far does one of the many writer's
VINO nave gwen Their opinions this subject carry
his idea, that lie has said that in the formation OF
the soc'ai compact there must be cntro u:iami-
fhty Tor IL single Individual of that compact shall
declare his dissent before il Shall Lave supcrn uce
the Allegations und it, l. il rot bound by it.
on tiis subject OF majority, lie hoped he might be
pcf'nHt"a I" ilahe very few observations. Some
Wri'ifs iiad gwen somewhat quaint account of ma
JorHy. On3 mas given tiiis definition. That when
an Individual Is ca:, vote upon question. he
Is pound 10 give no opinion but such as will conform
20 the pubic Wi and If he Should be placed in
mhori Y, 'hat circumstance alone is proof that h,
insuhd 'rSood that public will liz, did not mean to
give til,r as his opinion, but had only u,vtrted to
inc oehnitlo'i as curious, aud showing what va.
rious opinions may exist upon this point
lie would ask if we have any invariable r,,Ic IF
majority tie requested the gentlemen to look a,
.,'e fed rai us Vel as the State Government, and
they must be convinced that there could fbe no uni
form unvaryng AMI unchane oabe rule OH this MONT
without beng productive Of Inconvenience and dam
ger Lei us, SAID he, look the construction of
tne feucral government. In the Legislative in the
Executive, and in the Judicial Denartn,onts MN
'hefe not IN each OF these provisions which give TO
minority power over the majority? Even mino,itv
Oh ohc~tn!rd OF the Whole has, i'll some cases power
20 control the other two-thrs. Ifliie President of
the L. sStaes return bill to Congress- with his veto
then requires Of twothrels 10 mass rha b,l
Consequently, third ofhe whole Possesses CON
.foung power over the majority al twu-.:-a Incl,
i' 'he Executive Department. Phc Senate it Will
DC recoiiectct EXERCISES only functions of lerisa
tIoi!, out Is also 4 branch of the Executive Tn Tho
per'o nance OF IT'S Executive nc IONS it reouires
vote OF two-'!iiTds OF that body concur il atyisno
Tue esiaent 10 faiy treaty, and if that majority
shoi! Tot vote in the Affirmative the trcatv cannot he
ratified. In these cases then, it would be seen that
minority or oic-thIrd may control majority of the
other two thirds Look the same body, si,iino
M It's .unical character, for it HIS quasi Judicial
character, and is sometimes required to exercise
Judicial powers In cases af Impeachment bef,Ic
the SENATE, that body sts as Judges, and il
linen requires concurrence OF two-trds to convict
OF tie minority. van
lie would now come nearer homo, and be would
ask how elections were conducted throughout the
entire State of Virginia which is the sys;en, which
prevails throughout almost the whole oftbe n S..ts
is u IN virginia that majority only can send repre-
seniatlves to be House Of Delegates ana 70 the Sen
ate no such thing, bat is it plurality Of votes
when decides III elections? II in auv cnuntu orI
the State ten candidates appeared and arv onc ~
these Candidates receive but one vote more than nnc
OF the remaining candidates, he would be elected and
Ills VIII would pass as tint OF all the others. Sarcly
no person can say that the majority was consulted
nere. 1t would be impossible in our elections TO oe
certain the vii OF the majority unless by the adoption
OF the general ticket system. But need refer fsoiI
MIR. ~ Tor a further Illustration of nv ofpn
10 mt to The constitution OF our subordinate conrts
throughout this State: Look at the constitution ofl
our JurleS, gherc one individual often balances the
remaining eleven: and this practice is founded on
expectancy aud this constitution OF uries has exist
ed Tor centures-thc constant theme of praise and
of all the distinguished M who ever ex
existed, eIther on this The other side of tie Allan
TIC. lie had then shewn that in the operations OIL
our government-ins three departrnents-thc leuis
aiyo, executive and judicial, that in some cases one
nrd conFolsitwo thirds; ana that ia the constitution
81 our JurIcs, the will Of one man couuterbaancrs
nat OF the remaining eleven.
But let us follow one link further in this chain of
nvestigation-let come into this Hall He held il
as matter requiring no demonstrations that the voice
OF lie majority could not be expressed in this Hall
unless the votes were obtained by general tickc.-I
Much as the public Will was ohcycd in other elections
yet the voice OF the majority was not heard in this I'll
III the cltZ'ns OF Virginia could assemble and would
vote for the Individual then the election vond
express the will Of the people. But in any system Of
practical election whether by districts or precincts
as IN the election of federal officers the naoritcs of
oe ustct cannot be transferred 10 another. 1t may
frequently, and will happen that if we could add the
neJorities of district to the noritics of another
we might have prevented the passune of MANY bills
WHICH pave become laws, and may prevent the pas |
age Oh many others which Will become such, if the |
new constitution should go into operation