Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-01-14

to settle that question in the first and in the a., 81.
stance without consulting theml shall be told that
we nave been clothed with this power! Arc We, The
Legislature, grant, have been very kind IN cloh;, ~
WIN power they do possess. Sir we do not draw
one single Jo or title Of authority, from the Legislature
Of virginia IL the gentlemans doct,ine h. co,,.s,
then the Legislature of Virginia c,nn,, a.,
the subject without an of treachsrv ,b.,n,.,vs
have yen TO the Cenventio power =, 10 tI R;yh ot
S"flrags % bud the People oil Virginia I,onver,inv
u.s. in this one single in .tance, from An a,v; 49,. ;,
CONTROLLING council. Wc can prop,.e 70 IT. "o ,
na' TIE Governor shall be elected by h.m.eiv-. bu,
We cannot say that he shall he. We NAV pyono,. ,h
onarr certain circumstances the Judges may be r,,nov
go from their Offices; but say that thew shall
oe hu removed. Yet we can deci.ivey on the sub
set Q, The Right Of Stuff age. Here we may say i,
hat be true, then. by juggle between the Iesi.
C".. were w'h'ut the power themselves, and
-, senuo" VINO were called only to advise the PEG.
ACT Is !" be done by which the People are 10 be
u"s'iy bound Sir, wish to God had the mowers of
me niemenin my eye (Mr. Marshall and Mr. Leieh)
s"ew IN mat,r as 1t is-In the al.-importan ques-
"oh oil the right OF suffrage thi. Convention ia to rx
cru an s'Iute power to decide without consnr th
PEOPLE at all How do we derive il! Fom Virginia
legislature who never possessed it, To refer to the
egsia'ure Is on'y putting a tortoise under tn. T..
phaat Thus power rests upon the Eiephant-,Le E,r
phant upon the toroise-and the tortoise upon nohnr
Sir, this wontdo Ii wont do, sir. wi.h-I would to
God-that had the powers of that ZEN lehman IN ~
hibit this subject as IL ought 10 be exhibited
MIR COOKE said, he unable to perc five how ,b;.
subject had any connsxion with the emit he had
offered. ~ ~
MIR. Randolph ,ad he would tel, III. v.n,.m,, &,
ma" grown on, OF the ramarks Of the gen man from
Augusta on his am ndin emit '''
Mr. CooKT said, the OIL a ION wa In ~. nann.. 49,
shape involved in the proposition. he had laid be
the House IL would be perceived that in the second
cause OF his amendment il was directed how the
E''cuon was 10 he ho'd.n for members efthe ne "
Lesi,iature. The question TO whom the Con
s"u"on iise't was TO be submitted was not in
'he most distant manner involved. That aues-
uoh must De settled either by the silence thi. Gen.
he Ia
an expression Of the sentiments Of the Conve n,ion
!" 'ne manner prescribed by the law. (H-re Mr.. e.
quoted me act OF Assembly, Ii obvious that IL the
convention should be silent, the Constitution would be
submitted Tor adop to those qualified 10 vote for the
most numerous branch Of the Legislature: the law Sci.
ea INA. point But had they not perfect right 10 lei,
IN o'ners, under the law otherwise! That was the
9nest'on the gentleman from Charlotte had argued
lie conceived they had right TO say that the VIII lie
wnne Popu,auon should be admitted to on the
blanche. 'S'"''e
MIR. RANDoLPH here interposed to ask one oues
uoa. "hether two persons, neither of whom had any
g 10 an estate could by joint deed convey il away!
MIR. Cooke resumed. The act gave the Convention
right TO center the right Of voting on whomsoever thew
Pcased. HAD the Legislature any right give them this
authority was Of whether or mott because
e People themselves, the source and fountain of ali
authority and power had passed upon that Act of the
assembly: The Freehoders of the Comn calth had
erected the members of the present Convention in
pursuance OF the provisions of that Act Here was
something under the tortoise: and something solid too
perfectly subs tandal Here the case of an Estate
aeeded away under mere colour OF title; but tbat
deed afterwards ratified by the true and acknowledged
owner. The Freeholders had recognized and ratified
the at oil their agents. they had confirmed by their own
deed: and according to that Act, the Convention might
IL they SO thought fit, submit the constitution 10
the whole people of Virginia. without an Exception
AS TO the time when the amendment ought to be of
Tered, he agreed wi the gentleman from Sposylyania
that 1t would have been better to have postponed il un
I'll the vote for adopting rejecting the constitution in the
Convention had been taken. But he had been influ-
" fhn ri rnacfar al,
tuition, ITSELF as reported by the Committee aempf
ed do the very thing the aim of his amend
ment but had in his opinion made imperfect proyi
sion on the subject The 3ls Section provided AGAINST an
interregnum in the Executive and the Judicial Depart
mens but not against an interegnum in the Legislative
Department
tending to postpone Offering his own until after The
vote on the cOnstitutiono
Mr. LEIGH observed thai IT, ultimately, the PROPOSE.
ton OF Mr.. COOKE should he rejected, this section
would have to be reinstated. All who would vi innate
y vote against that gentIemans proposition would of
course vote against striking out.
Mr.. JoHNso did not Thick the ecton on obt N n.
stricken out He did not acknowledge IL TO be an i'm.
perfect provision-nor was il attemp
or any attempt, to carry the Constitution into effect
Mr. COOKE explained. He had not said il wa; he
had only said, il ATTEMPT 10 provje
against an nterregnum,
Mr.. JOHNSON said, if that were the case, It wa. i'm
porant that the defect should be remedied, ard the
whole section abandoned. The gentleman admitted
that the section did provide against an in
the Executive and the Judicial DEPARTING nts but said
that u did not 80 provide in the Legislative Depart.
ment. That il did not attempt to do That was
LETT to the act under which the Convention had been
called. The clause Intended no ,han-to carry he
Constitution into effect under The law 1t had no pur.
pose oil leaving Legsfa lure clothed with t,II pow.
ers Tor ordinary legislation after that end had e
fected but only TO provide such lie gJsaturc as should
carry the new Constitution into effect. And that il adj
DONE There was need to strike the clause; the
gentieman's article would not interfere with it,
MIR. COOKE replied III the SECTION did not int nd
to provide Legislature prepared for ordinary Iegis
iauon, 1t was defective in not So intending. So
son as the Old Legislature should have provided TO
carry the Constitution into effect, il would be func-
rus oWeio and then there would be perfect Legs-
Iahve intcHeenum OF several months until the new
Legislature should be organized This ought not TO
The question was pu, on striking out the 81 81
Section and ne gativeJ.
Mr.. COOKE then Withdrew hi, amendment for the
present
The question recurring on the engrossment nj
the DRAFT OF the Constitution for third reading
Mr.. TAzEwELL asked that il be t,ken by yeas
and n-ys.
Mr. JOHNSON said, that was de ,irabe 10 get III.
sense OF the Convention the question which had be
commented on by the gentlem from Charlotte i, 81
the proper time 10 do After The l,ird aiding the
Constitution would not, regularly, be open to ane nd.
ments. He had understood the act OF assembly
in the same manner as the gentleman. from Free
derrick. The Constitution might be submitted TO
the qualified voters, or to any others HON The Con-
the House to be expressed on that subject o,y wa.
the proper time The act of the assembly would have
had no authority but from the act OF the peooIe pon
H. he agreed with the gentleman from Charlotte
mat inc Legislature had right to pass such an act
out u hsd been egitimated by their constituents.
tfl.o 81 l-l