Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1829-04-10

season 10 support the OF civil liberty against
the spirit Of military ACKNOWLEDGEMENT: and yet, sf-
Ter all this antry the result o., the last presi
DENTAL election disclosed the fact, that the Anti
Jackson Convention embodied the wishes OF q We
ry small minority in this Ancient Dominion Nei-
Their the compound vote Of last spring. nor the jour-
nal of the rcformcrs heretofore convened in the
town Of Stauuton, Is sufficient TO establish the de-
sired position As little did il to be acquired in its
support by referring to the proceedings Of the Ge
neral Assembly. Some time in January 1900,
resolution submitted debating il expedient to
call Convention for the purpose of efualizing
presentation upon the basis OF white population.
This proposition was negatived by the same dis
tinguishcd House of Delegates which had but Just
adopted Madison's celebrated report. The journal
Of the day does not furnish the state of the vote;
but hare been informed, think, sir, that the
majority was considerable. The Same fate has
uniformly attended the introduction Of this propo-
sition, in one or other branch Of the Legislature
The advocates of Convention have invariably fall
cd in procuring the passage Of bill specifying
this or that particular object Of reform. Every eff
fort miscarried. until the scheme OF propounding
the question generally was devised After much
cnireaty, this facility, as il was happily termed,
was obtained. IL proved, indeed, wonderful
facility; for by its magic aid, without difficulty, the
reiormers Of every different faith were made to CO.
operate. II is my decided impression, that if the
single proposition of basing representation alb.
stractly on white population had been submitted,
II would have been rejected. So far as my in
formation extends, there is not in the district,
which sends me here, single individual, conven-
ZIONIST or anti convcntonist, who advocates such a
proposition.
Ii then can agree in the opinion, that in
pursuing reform, we should regard the existing
functionaries that we should act in obedience to,
and not i'll violation of,the established government;
that the Legislature ought not to forestal the de-
cisions Of the approaching Convention by prejudi-
cations; and that we conform with these views by
providing for an equal number of members from
each senatorial district; we next 10 answer the
enquiry, by what portion of the population are
the elections TO be made'-The preliminary move
menss Justify but one reply 10 such a question:
The ireehodcrs, who by the present constitution
are entrusted with the administration of the govern
ment, alone have decided TO make some changes,
without any consultation with the other members
Of society They therefore will elect their agents
TO accomplish the work, which they have author
lied. We have seen. sir, that we not in a
state OF nature, when ecery person, Qhere being
no law to tho contrary claims to act upon the
principle OF original equality. Such a condition.
real or imaginary, necessarily excludes the idea
Of an ordinary legislature with power to prescribe
the mole of elections. Upon the idea, that the
people, in their primitive elementary capacity,
are to remodel the Government, the Legislature
the mere creature Of the existing constitution C
have no rightful authority TO designate q particu-
lar description of individuals, who are to appoint
agents Tor this purpose. Such act would con-
vey the impression of paramount power, which
could limit and control inherent sovereignty. II
the General Assembly then admit the doc
trine that the election of members to Con-
vention Is the exercise of equal, natural and in
alienable right, they must, Of course abandon all
claim of determining the qualification of voters.
The only course, free from embarrassment, which
can be adopted, is to pursue the existing rcgula-
ton.
The first effort TO pass their boundaries involves
US in absurdity and usurpa,ion. The Legislature
thereby exonerates itself from all restraint of law,
and substitutes its own arbitrary discretion. Ii
may extend the privilege not only to males TWEEN
ty-one years of age; il may also extend it to all
capable of bearing arms; to all who have sufli-
cient strength Of mind and body to extricate them
selves from parental controui; nay, it may go far
ther, and initiating the example OF, at least, one
Sister State, may not discover any good reason,
why females should be eXcluded.-A provision,
that minors and females might exercise the right
of voting, would certainly be as obligatory, as a
provision extending the privilege 10 any ether
class not now enjoying il under the existing con-
stitution. The very absurdy growing out Of such
a claim OF power ought 10 be taken Us its conclu-
siye refutation. Nor could the Legislature justi
fy the extension, upon the ground, that il is pro.
per TO secure it under the new goverHment.-yot.
ing is not natural right, it is conventional
trust. The trust could not practically be lodged
Unfortunately in every member Of the commu
nity.-lt is therefore the province Of the finda.
mental law, which creates and organizes the So
ciety, TO designate by whom, in representa- iv
government, the delegates are TO be elected
Montesquieu, some where in his Spirit OF Laws,
has, in substance remarked, that the regulation oil
the qualfcatio of voters is an exercise of soper.
eighty. But, sir. perhaps ought to apologize tc
the gentleman from Monongalia (Mr. Morgan,)
for introducing the name of such writer. Alas!
Mr. Speaker, it would seem that Montesquieu
Locke, Sidney, Price and PriestIy. with all the
writings Of our own revolutionary authors, were
to be totally disregarded; and in their room, the
antiquated notions Of Lycurgus, and Scion, and l.
socrates, were to be revived. We must now
amuse ourselves with effort 10 realize the dreams
Of Plato, in the formation of pcrfect Republic"
Harrington and Sir Thomas Moore will no longer
be considered out of reach of imitation by practi-
cal statesmen. The General Assembly cannot
provide or stipu!ats for the extension of suffrage
without usurping a sovereign mower; without
committing deed inconsistent with the coDsiitu-
ton and laws.-!f the non free holders constitute
majority (and il has been established by arithme
co then the permission 10 vote places Il in Heiy
power to elect the members OF Convention, and
thereby virtually to control and defeat the will oil
those, who alone have voted for the call of Con.
vention, and alone have determined the proprety
OF revising the constitution. II il were right to
take the sense only of those who enjoy the right
OF voting at present; If il were right TO permit
them 10 decide the question Of Convention; !: can.
not 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 o.
dehnitively and peaceabiy settling the question
without a violation Of the existing constitution
The advocates of reform in the legislature have
generally. by their votes, encouraged this view o.
the matter. When it has been suggested, that
il ii be contemplated to act upon the principle o.
the majority OF the achoie community having the
right TO change the government, the provision fol
taking the sense of the People ought not to be
confined to freeholders only; or, in il is de
signed that others shall vote in the election o
members, then that they also ought to be consult