Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-01-21


mode In which members OF the Convention were 10 be
elected: but the Legislature did not stop there's thew
knew mat the acts OF the Convention would be ncho
ave anu ~ Dert until they were ratified. What, them
had the Legislature to do! The public officer, were
pound oy acts oil the Assembly, under penalties that
might be recovered. and he fel, bound say that the
oicers should act under such penalties a. the Assem-
oily might require, and he had accordingly voted that
The SherIf' whenever the edings ,f the Conven.
on should have been published, should take the sense
OF NE People thereon. The Legislature never had in.
tended to prescribe no should vote on that: thew had
never dreamed OF any such IN, aiming now con-
ehaed 'or The act; an Interpretation which virtually
gave 70 the act OF The Cow. non tho fo Of law
The SheriHs were directed 10 tke the sense Of the peo-
pie, ny which was understood the sense the voters or
oi such other persons the Convention might dese-
maze III the Convention should sdjoprn without say.
Ing no were 10 vote upon the final question then the
provisions OF the act simply declaration that the
voters should decide. After tina, explanation he hoped
hat none would impue TO the Legislature any act OF
usurpa'ion He did not believe that the people ever
ratified the law They had, indeed. elected members
under H. but that was purely in self-decnce. Mr. NJ
sau he would address one considerable n to the good
sense Of the gent. man from Frederick (Mr Cooke
he Assembly had prescribed one mode for carr wing
the new Constitution into effect; that gentleman now
proposed different mode. But IL the people had ra
uned the act as was contended by that gentle man.
whence did the Convention derive its authority. But
nus was an argument for that gentl man alone. For
hnselhe did not believe that the people ever had ra.
tined the at, and after ALL the whole purpose OF IA.
act it'e was to devoive duty the Sher 4, and to
compel them 10 perform it, Mr.. NJ. cuncuded BY
drawing himself from the strong terms of c-nsure us
ed by the gentleman from Charlotte in reference to
the ac aId TO those who passed it.v
MT. RANDOLPH rose in reply: can the mos,
worthy and highly respectable gentleman from South
amp'on, that nothing was f.rher Fl ON my intention
hsn TO inpute to him any wrong, in word though or
ea; S'r;my i.nguags was altogether Hypothetical
INSISTED that, IL that which contended for were
nue. Then The Legislature had beeRguilty Of treachery
and nothing is more true. e.
=, AZ to the gentleman from Amherst. I can only say
nOt atIh
Putes IL as iault TO me- that whereas the Governor Of
virginia, has always heretofore been elected by the
people, am willing to continue that mode of election
because believe, that the opinions Of the General As
Sehoy arc usually lair expression OF the senne
OF The People But what analogy there between such
bel eli and the opinions that the General Assembly
nave night TO alter the Cons tuition in jot tit
Tie: Sir, am not such mad man such a moon struck
maniac-ast TO attempt TO butt against the united force
oil the whole people OF Va, backed by the General A.
sembIy All contend Tor, is that il the act is TO be 20
construed-and acknowledge myself poor hani at
eonstruc'ion-ihough think have seen courts that
were little bser,-then the act was gross act Of
treachery to those whose trustees they were.
No gentleman who hears Inc, will deny that the
provision with respect to the Rghtcf Suf age among
ne most important parts OF the Cons uon Now
Win regard to all the other parts of the action Of this
House is held 10 Re advisory and intiatory only Ga
every other subject, are merely advisors but If the
construction Of the act be good whchis here contend
ed Tor, we are not, as IL respects this particular thing
adv ors at all : We d. not advise-we decree. L. II
p''i6le there can lie any obtuse not 10 perceiv
the di.'incto -Decreuimus we have decreed Sir
II we have the power decree with ct 10 the IN,
o. SUFFICIENTLY not tn resp ct to the apporonmcu n,
OF representation would thank any gentleman to
take me out OF that dIiculty;-or himself ra,her |
AK again. IL we may decree with respect this ques
uoh' why not with respect 10 all gues. ious,-Sr,
IN tight cannot be denied.
As 10 being actuied by any wish for III adop,ion or
the rejec Oh OF the Constitution il this were a mere
question oil expediency. it might be hut lie know.
little oil me- who thinks tina, in question of vaI prnci.
pre- can lie SO "cnaied. Sir it is principle clear
10 me a, any in mathematics that the whole authority in
,ni' BODY has emanated from the people. The Assem-
oily took OIL trmseves-in case, l grant, of .xtrr me
nocessy-wiat they had not a right TO do. | gran,
mat lh. act was afterwards cured by the of the
freehoders, that IL, supposirg they approved tit
so lar eured-no entirely But the second OF AS
sembiy has not been ratified at all The Freeholder
nave never passed upon it in any shape Ii my
majority oil the voters-pot-boilers and a-shal have
approved or eeced the Constitution then that act oil
me assembly will have been raifed but ill then
~ = h' s"o tu6'ce: Sir. i am wasting tme-I am
hurnihg d"y-lght-to argue the question whether ts
House can act de hniiiveIy any one subject
In regard to the threats of the gentlemen, that he
wiz move re 'consd-raon, they have effect me
whaever-l am perfectly impa'sive any such threa
hd'e not the least objection in the world that he
should make that motion this moment
Mr. JOHNSON now rose TO give brief explanation of
MS views on this subject. After quo'inZ the act at
large, he stated his understanding of its anng to be-
mat IN case the Convention should make other pro.
vision, Tie sherihs were II take the votes all such
persons as the Conve non shoIld declare duly uls-
he'd to vote Tor members Of the FL Of Dslega ies; but
matl The Convention should not approve OF that ar
fangenent, II was Tor them 10 prescribe to whom the
Constitution should he submitted The promotion of
the gentleman from Charlotte, not decided upon
by the ac and il was still competent TO the Convention
10 say that the Constr ion should he submitted TO free
holders only, IL they thought bes Otherwise they
might say nohng al all on the subject and leave the
matter where the act had placed it, The was hi. un
dersandine OF the meaning of the act A. TO lie All.
thorIiy, he had AREA ly mittsd an he now
the admission. that the General Assembly had no ie
ultimate power 10 pass such act. The only power
he Assembly could possess be received from its
constituents, and must either he previously given or
implied in their subsequent rattle alton How then
stood the question: BY the first ACT the question was
10 be submitted to the freehoders whether they desired
Convention o. not. The question as put according
w, and what was 20 be regarded as a majority OF the
freholiers, declared, tha' Convs should be he'll
But how? as the people might prescribed a, the people
tbem elves should determine in their PARISHES i'm the
eIec ion districts at their court houses and their mus
ter -belds? No: IL The inten ion of the people that
the expression OF the public will should be given by the
Legislature, as we'll with respect TO the m amer
IN which the Convention WA 10 proceed, as 10 the
purposes for which il was to be holden. HIRE
then, was the authority Of the constituent body. Here
was The voice OF the principals 10 whom the IsgsIa
ture were but agents. Acting under that authority
they declared the manner and purpose Of the Convrn
'ioD but that declaration was not oblig aory; had no
sanction; II did not bin the eehoders TO send dele
gates II II contained any thing which the fleehoders
did not approve, they might have the proceed
ing. They had the authority To give counter in
struct ons, as they had TO give original Instructions
They could have gone the polls agsin and command
ed their delegates 20 repeal the act But sthe case
wa' !he delegates If they acted all in the matter had
plainly 10 prescribe The objects oil the Conve non anil