Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1830-01-18

ths oea,lemau from Frederick. He could m
,ic;na,e nothing more fearful, than Conven'
liam. assembling without the sanction Of law.
To prevent this, respect ought TO be cherished
for The pre.eut law-and was this respect pre-
seryed. by adopting a provision which super.
seded The law under which we were assembiedf
He proposed to test The sense OF the Conven-
ton on tbs proprieiy Of waiting TIL the Con-
yention was adop ed. by moving 10 lay inc ar
,icle, and hi. proposed amendment toll, on
the table.
Mr.. Randolph would add but d"zen WORDS
more IL was plain tina, no subject was Oh
greater importance, and he frarrd, less under'
stood. I ask, said MIR r., if We ere empnw
cred 10 do any thing final aud conclusive! we
are called in as Cnunsel-ss state ply sleians 10
prescribe remedies for stare diseases. nope
i, will be conceded thai we can do no sct oina>
ing upon the Legislature or the people,. Mr.
z. argued for some time our limits WIZ nov
allow US o follow him; to show, thai hei'her
the Convention nor ,he Legislature mao po"e'
to conclude any thihg-as u would Or coneioo'
ing to submit, the question Of ralihca'ion 10
any but the freeholders To refer II 10 any
other classes, would be 20 change the Soh'eh'
ton from an advisory inc confronting eou"'
sci.
Mr. Cooke laid the question 10 whom Inc
Constitution should De rrf,r!ed, vas not raised
by the article he proposed. AS 10 mat cues
ton, il must be setllrd by the act or tae silence
of tins Convention. The law 10 organize the
Convention gave that body carte blanche over
the subiect-proviGing that the qual'hed voters
should vote on its ratification, or such 'hera
as the Convention deemed expedient II then the
Convention was silent, the law provid'c tor sub
mi,ting the Constitution 10 BIZ ratified or re-
j,cted by all, admitted by il 10 suffrage-h the
Constitution chose 10 extend il 10 such, they
we're sustained by the authority OF the la" under
which they SAL. The Legislature has, IN terms
transferred 10 he Convention the power oil de-
signaling who should vote. Had the Legisia
,ure the right 10 do so! Whether they had or
had not, was imm a,erial, as tie people in their
sovereign capacity had ra,I6ed The act.
Mr.. c. now vailed The proposition by NOV
ing. in the FIRST place to strike out the 3ls, ar
,iclr, tprov Iding against ioterregnum in the ex
ecutiye and Judicial D par,men;s.) with view
10 in.er, The article he had offered, which pro-
vided also against an in,erregnum in the Lee
gslative Department.
Mr.. Leigh Of Ches erGrld, ssia if The Sls' ar.
ticle was strkrn out, and Mr.. Cookies subs'i-
,u,e for i, rejected, tina, ii would be necessary
10 reinstate i, He presumed that all who IN :
tended to vo,e against the substitute, would
vo;e against striking out.
The moieu to strike out was further oppos-
ed by MIR Johnson, and Gegatived, wilhou, a
count.
Mr. Cooke then Withdrew his article for the
present.
The question now recurring on engrossing
the Constitution,
81 a. ha
proper time 10 determine TO whom its raii1ca-
lion should be submitted, as il could not DC re.
puIarIy amended after engrossment He agreed
With the gentleman from Frederick. (Mr.
Cooke,) in his exposition Of he law -tha' ii
no, limited nv he act Of The Convention, the
rattle .,ion must of eeessi,y b. SUBMITTED TO
oil qualified voters He regarded toe act Of
assembly as having no au hority Blu, what ii
had deri, ed from The subsequent action OF The
people tpnn il. II. thought with The gentle.
mon from Charlnue MI Randolph. ,har the
Legislature had no right, or authority To pass
he !aw-and ,ha, i, derived lis only legitimacy
f, ON the sanction Of the people. But The act
had become their act by that sanction, ard ii
it was intended by the Consen'ion. 10 impose
any restriction upon the description OF persons
Admired 70 vote upon the ratification OF the
CONSTITUTION this was he proper time.
Mr.. Randolph said he had but a word IN say.
He did not know being finite being he could
NO know-but he never had clearer dercep-
lion If any fact-tha' when toe people voted,
hey vo ed upon the question d Convention or
no Conv, ntion aud no other question whatev-
er. Hr should no be ons dered he hoped, as
vain and overbe aring,if he assumed thai ne pos
sessed an average inrrrest--,ake one man With
another, that lie possessed an average inteliee'
among his consiiluents--yei l do say, (saId
Mr. RI that this provision Of m law (pro'id
ing that The sion Of ratification shall be
submitted 10 such as were qualified 10 vote by
the Convention or such other persons as ,hey
may deslgna'e) never entered my ~head-ard
am sure not he head Of one man in one thou-
sand. The only question the people did de.
eide, was shall there be a Convention or no
They never decided his q.esion; they never
could decide 1t; Mr. Randolph here dwell up
Oh hr IN apuci,y Of the people 20 decide upon
gu stious OF this nature; upon law OF forty or
Fifty pages, which no, one tento Of The Legisls.
ture which passed il understood He had as
much resprc' for the people as any man; but
they were incompetent TO It; they were Capable
II hutt hate f ior hptr