Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1829-03-13


NY. Such conditions, real imaginary, nccessari
~ excludes the idea of an ordinary legislature, with
powcrto prescribe the mode of elections. Upon the
Idea, that the people, in their primitive elementary
capacity, are To re model the Government, the Lee
gs!uture the mere Creature ofthe existing constitu
ton, Can have 10 rghtful authority TO designate
particular description of individuals, who are to ap-
point agents for this purpose. Such an act would
convey the impression ot u paramount power, which
could limit and control inherent sovereignty If the
Gencral Assembly then admit the doctrine thu the
election OF members to Convention is the exercise OF
equal, natural, and inalienablc rght, they must, of
course, abandon all claim of determining the aualifi-
cation eli voters. The ouly course, free from enbar-
rassrnent, which can be adopted, pursue the eS-
listing regulations.
The first effort to pass their boundaries involves us
III atsurdity and ustrpation. Tho legislature there
by eYpnsratcs itself from all RESTRAIN, OF law and sub
sltutes It's own arbitrary discretion. II may extend
the privilege not only to males twcnty one years Of
age 1t may also extend it to all CuPaIie of bearing
arms; to all who have sufficient strength Of mind and
hody TO cXtricatc themselves from parental controu
nay 1t nav 50 farther, and initiating the late example
Oh, at least, enc Sister State may net discover any
good robson, why females should be excluded-A
provision that minors and females might exercise the
right oi voting would ccruLiy be obligatory as
provision extending the privilege 10 ans other ,ass
net no" enjoying it under the existing constitutions
Ihe very absurJ;y growing out ef such claim of
power ought to DC taken as is conclusive reutatom.
nor could the Legislature justify the extension upon
the ground, thot 1t - proper tu secure it under the
new govcrnmentNo ting is liz: natural riu;It il is
conventional trust The trust could not practical
~ be lodged ldiscri;ainnely iii every member of the
co;munityit is therefore tie province of the finn
dam"ntnl law which creates and organizes tho socin
ty, to eSiyna'c by whom, in a representative oov
crnlnant, The delegates arc to be elected Monies.
quicu some where III us Spirit OF Flaws. las in sub
stnnce remarked that The regulation Of the urafca-
ton OF voters rs IN exercise OF sororeignty But sir
perhaps ought to apologize to the gentleman from
MoHongalia Mr.. Morganl for introducing the name
OF such wliter Alas! NJ Speaker, it would seem,
That Nj ontesquc,, Locke Sidney, Price and Prics,Iv
with all the writings of our own Revolutionary
authors, were to be totally disreoarded: and in
th,u room the ante aatcd notions of I.ycurgus and
Scion, and lsocratcs, were 20 be revived. We must
now aGnuse ourselves wfh effort TO realize the
dreams of Plato, in the formation of spetfsct Re-
public" Harrington aud+'r Thomas Moore will no
longer be considered Of the reach of imitation by
pracGcai statesmen. The General Assembly cannot
provide or stipulatc for the extension OF suifa p with
out usurping sovereign power without conirnittinr
deed inconsistent with the constitution and laws
fthc ncn-freoholticrs constitute majority (and it
has been es ab!ished by arhhmetic,) then the per
mission TO vote places it in their power to elect the
members ofconyention g. thereby virtually to control
ana defeat tic Will OF those, who alone have voted for
the cali OF contlon and alone have determined the
proprlGty OF revising the constitution IF it were
right to take the only of those who enjoy the
right OF voting Mt present; il it right to per-
NIT them TO decide the question OF convention; it
cannot be wrong TO permit them TO elect the mem
bers. The act OF assembly must have designed to
consult those who had the right and power of dcfin-
lively and peaces5ly settling the question without
collation. the existing constitution The advocates
OF reform IL the legislature have generally by their
votes, encouraged this view OF the matter. When
1t has been suggested that, ii it be contemplated to
act upon the principle Of the majority CT the ,eok.
community having the right ta~ehgass the govern
taent the provsiGI for taSil the eeMse or Tic fco
PIE onght not to be confined to ffee-holIers onlv mr.
IN case II - designed that others shall vote in the
election o members, then TINT they also ought to
be consulted; and when propositions have been mads
to take the opinion, at eass of all free white men
over twenty one years oFage, it has encountered uni
ormly the opposition Of the conventionists. They
cannot now, consistently, claim that Others besides
the frce-ho!dcrs, shah paftake the election of mem
bers 20 convention.
But if this legislature possessed constitution nI]v
The power Of importing the right Of voting to every
man twenty-one years ofage, do not hesitate to
declare that should still be opposed to the etenton
The idea thot those who excluded from the polls
ore dIvestcd Of their natural rights cannot be mnn
tanned. That the sane power which institutes nov
eramei', which crentcs Offices, may declare by whom
the incr'nbents shall be elected, admits not of oues
tom he man, who is qualified 10 vote il, ELECTIONS
discharges duty and trust c0nfded 70 him by tho
fundamental law; and the person who docs not nos
sess tae requisite qualification vino, male or female is
excluded from the polls, is deprived OF 10 1iobt or
liberty 1ts,Tty appcrtaning, and calnct therefore
be said TO be DISTINGUISHED. Tho right of surface
the function OF ccctor. exists not ,atDy2s
ig, it Is created by government. That there shall
be discrimination ofpcrsons to whoa, this trust
shall he confided, will not presume be contested;
Tor 10 man can he found 50 altogether demo
Crate IS to advocate the propricty of retaining
it i'll the aggregate rnaSs OF the population The
mode Of designating the individuals to perform this
duty, and the security to he required for faith
fl execution, are attcrs Of expediencv and pollcy
The dirrct agency of the People is excluded in almost
all ENccutive,and Judicial elections. The electors.
dtsJsed generally informed ogcn,e ami are few in
number compared 20 the Whole buy Yet in ie, elections
has s''jom crtereA tho brain OF TIC romantic politician
i1 tie natural rights o violated All Office, are cree.
ei for the convenience and welfare Of society," and the
members have equal natural right Of the right be natural
to elect every incumbent Some designation some Limitation
unavoidable he restriction of the elective TO the male
part OF the community generally bat unve sally adm
tel Tint the voter shall be free man, shall arrived 10
a." Icn by agrecmca OF socr he considered possess
na.u 3 discretion, and semaucusted Obedience
~ silly required Ta the Individual designated 10 dis
charge dis duty, shall have evidence permanent interest and
attachment i;s scarcely denied And that die