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

was very iAmiiarly employed aud we'll une he
against the adoption Of the proposition of the rst
uemsn H. had been forcIby impressed by the sbser-
s.rva,ons of the geatemsn from Augusta. But while
Attending to him, Gas he always d) with the utnos,
respect, he had bevG struck with this difficulty Nv
w)ivse Authority did the Iegi.lsturc pas, the v.,v
Questionable act do not mean. however, TO question
lt at Prescnt-unier watch We assembled here,
ny tho authority OF their sti,uents. And who wer.
their constituents! The treeholdsrs of the common.
wealth. BY whose authority do we sit here! whence
Is our po~c from our coDsttuents-ADd who are our
| CONFERENCE.-The same an-wer must be gvea-the
ireehoders oil the eaith. Now, the Creehol
asrs o. the common ea'h having given their sanc,ion
10 the very questionable act Of ihe L-gsaiure-I re.
er TO the LIST ~ well the second subject
| o' aConven on--and deputed US here to propose A.
amendments to the old constitution, the draft new
one-fo whom, ask,-in the nature OF thing did
the seholders suppose The Constitution was 10 be
'uhmrted Tor adoption rejection no. have been
mat original authority Ito that source and foun ain
rom whence 10 derived all our authority as Conven-
ton! mean to Themselves? Let me suppose a cas-:
IN jority OF the fr eeholders Virginia-(Sir do
no. believe IT. no not believe one wordno not
synaoic oil ~ the freeholders OF virgini, have con-
| sen'ed-being the body polite OF Virgnia-the
iount"in Of all power in Virginis-haxe CONSENT
go tina, Convsn'io" shall assemble for the pur-
pose OF devising amendments TO the existing Con-
| sHu''on or proposing a new Constitution in its
stead Now, Sir the Fre.h,lders Virginia have rot
yet decided-,hough they have decided that amend
ments shall be proposed TO them-that with worse than
the stupidity OF Esau they shah be deprived Of their
e'rihrieh. The Convention are proposing that the
II viii say-ad ind~fnitttns. Who is TO deciI. ON
this question! those to whom we propose to extend
hat right asqns.tonably, So:-no more than the
nThey have no isht whateY er:-hey have net sha.
dow OF right.
This Convention proposes extend the Right of Suf
rsge beyond ils former limits aud
Who are TO decide the question! They. from whom
the Legislature aud the Convention both derive all the
authority they possess and the atr, all the authority
they have usurped-they, from whom the Legislature
derive all the power tn justly had, and all they up
justly usurped-are they to decide! or are those 10
whom We propose TO extend this boon! DO you not
see the pspabe injusiice-l about to a,d-fo IN
Is the only word that will express my ideatbe ab.ur
dity Of thi. thing? Those from whom we derive
all our authority, are not TO decide; but, those
TO whom the power is TO be given which we have
hrst taken away from those whom Il be longed ask
OF gentlemen to consider ths-i beg thu I'm To nond.r
well upon it'll beseech them to lay to their hearts.
having hrst presented IL to their underst ndings The
instant those who not the Freeholders of Virginia
attempt 10 decide upon any Constitution we NAV mo-
pose, one ha. as good right to decide another-the
moment you leave the land-he reehold-there is no
soppinglpace-no limit no line Of demarcation-no
boundary. So far, so good we are proc cdng under
me sanction OF the freehoders Of the Commonwe ah
bu, we can derive no power from her Legislature
to bstray those Freeholders-to di.ayow them TO Ji
franchise our constituents.
Sir IL the Freeholdsrs choose to say. we approve
OF what you propose there is an eDd-nothing more il
10 De SAID But, nobody else has any right to speak in
the matter We are their sgents-acting under their
sanction
One word as to the amendme mt of IN. gen,Ism.n
from Frederick who sits before me, (air PowelI) |
the Convention shall receive allow others than
froeholders to decide the question Of q Z. a,iop.
ton OF the Constitution, then il will be neces- |
sary, that the present Legislature should act in
the case but they will have act as usurpers So
long as you conferred the suffrage of the land the
only safe foundation of Free Government in landed
Community,-you had record evidence Of who were
qualified vot.rsbut now you mi hit well apply Babel
or Chaos for any certainty about the matter Sir am
AFRAID have no done justice TO the cear-the perfectly
clear opinion had formed this subject while the gem
eman from augusta was speaking Sir, the trus-
tees Tor the Freehoders and have no right to be-
tray them. We act by their authority alone We NAV
TO be sure take in other personsbesd Freehoders
violence may prevail The kingdom of heaven suf-
ereth violence, and the violent take by orce-but
have no more legal authority than Bsnaparte or Aa
or Ghengis Khan:-it will be the law of force-and the
law OF force alone.
Mr.. POWELL observed that IN. c.,,,s,a,, h,, ;,
ms was premature that Of his colleague
US: Cooke must be premature Also But he did no,
consider l, as premature: The efficacy of the amend
meh' would depend on the event. II the Convention
departed from the act Of Assembly ALL IL must be al
some period, and why not nowl IL the Constitution
should re rejected this amendment would of course
iah WIN u: II only operated in case the Constitution
should be adopted. As to the other objection of the
gentleman from Charlotte, the Legislature which had
passed the act by which they sat as Csnven,ion had
provided that the adoption of any Constitution they
might propose. shouii not depend on the Free
holders alone, but on all who should b. qualified
law oil the land. The gentle man said the lie.
gslature had acted as usurpers if that were true a,
10 thelr original act, how stood the now Those
very Freehoders Tor whom the gentleman was so yea.
lo' had themselves adopted the act Of the
by their own votes. They had sanctioned this very
act by majority OF 5000 votes. IL there had been any
usurPation in the first instances that vote had made the
act legitimate. " the amendment was thong hit 10 be
premature, he bad objection TO withdraw for the
present But the amendment obviated the only obiec
lion his colleague had urged against the provisions OF
the Law; and settled question which was at best
doubtful.
Mr. COOKE enquired IL the amendment was to be
understood as Withdrawn!
Mr. POWELL, after some hesitation, replied in the
negative.
Mr. SrANARD thought it manifest that the pro-
position had better not he pushed present. it was not
the proper occasion. The examples of other s. ate,
Showed that similar provisions had been reserved un-
III alter the vote i'm Convention was taken on the |
amended Constitution. Ii not to be considered
part OF the Constitution itself, but a mere appendage
70 IT, providing for the mode Of giving effect 10 its pro
visions.
He would turn the attention of the gentleman from
Frederick in his eye, (Mr Cooke1 to some consdera.
iions not fully developed by the gentleman from Au
gusa, (Mr. JohDson) from which the inevitable infer.
ence would be that the Constitution and the de cison
That might be had II, in order give any solid sa
tisacton TO the public mind must Of necessity be sub
jeced TO Legislative action. II should not ent err on
the question which had been discussed by the gentle
man from Charlotte but would proceed on the con.
eessum that a ose to the Constitution W no
were qualified TO vote for the most numerous branch
oftls Legislature. There no provision of law for
this new state OF things which would arise in c,nse.
quence OF the extension Of the right of suffrage No
erfera had been fixed forIeiermning whether voter.
had or had not the qualifications the Con,titu,ion 70.
quired.
He submitted whether there was not cogen, ne.