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

question was submitted TO the Freehodsr.. and fro,
:ne face OF .ne returns appeared that there
loruy W favor OF Convention Whercupon, the Leg.
isature passed second Act, convenny that body: hut
inserted IN the Act clause, leaving no option in the
70 REJECT OF 10 assent 10 the Constitution
which should be prspo'edor the provisions of that
Act iscl even they had been aware of all the mo-
visions It confined Whereas, am as certain as can
oe o' hy ng' mat 'ney were not aware Of those pro-
visions AZ MI Ip~ fresho'ders first assent TO the IA.
'emblng of Convention the Legislature ,hrreuuop
appoint the day when Delegates should be chosen =
anu ~ e ,se ae' insert CLAUSE, requiring the Con-
ton might please to declare qualified for m.mbsrs nj
the House OF Buigesses. When the election DIV ar
nveo; the stockholders were obliged-se defendendo-
or rather-se d0endendis-to elect delegate, TO the
Conven'ion-or as tho other alternative, 10 allow part
only oil the Commonwealth, to propose such Cons,i,u-
non; as' 'hem mish, seem good. II the Frechoiders
residing East oil the blue Rge, hal refused to
delegates, the Convention would have been attended
exclusively ny delegates from the West Of that Ridge
ana then-what Constitution would have been pres emit.
al 10 the commonwealth, l cannot pre end 10 tell
On the o'her hand, IL the Freeholders West of the
hdge had refused to elect Delegates then those Ea.,
o. 'ne huge would have proposed Constitution, equal
W objectionable To the West So that il /. plaip thu,
the Tact oil the Freehoders hav ing appointed their Del
egates under the Act OF Assembly can.ot-sv.n bv
!ne mo" us'ant imP''caion-uniess it he the rsmotes
imP"eauoh mat ever entered the mind of man
be considered as conveying any assent of theirs. IN
the new Constitution should be submitted for acc.p,.nc.
OF rsJecuon 10 any persons but themselves If fhey
sha assent TO this CONSTITUTIONAL they shall choose
10 rauiy -wel aud good-there is an end of the mat
r;-thers Is the power-tliough theirs will no, be the
go'y SIR us as plain as any proposition in Euclid
SIR IL Is painer-it l. vdpnl-ihat no other pow
er on earth, save that from which this Conv en,ion de-
rves all its authority TO propose any ion at all
can rghtiu'iy pronounce the validity Of our acts. or
decide upon the acceptance rejection of such Con-
shtu'ion as we shall make.
Sir, consider this the greatest question which has
been presented to this Body, since assembled Much
~'' depend on its decision-yes, Sr,-very much will
depend on il. "
Il. it not plain that the freeholJers had no option blu,
70 elect delegates! But that does in the slightest
degree consecrate that provision in the act which de-
clares to whom the Constitution shall 10 ,ubnued-
sir Trough II il u>ing strong te rms il would have lac.
an Tc' OF ueachery 10 their own principles, permit
he Constitution to be submitted to any others tia free
holders Tor acceptance rel cton. Is II not obyou,
mat II the Commonwealth con lists of freebolJ.rs and
non ACKNOWLEDGMENT the non-freeho,drr. are-as we
nave been told they archie mort hume, ou. of tI,e
two-that the worst Of Consti,utons-and Cod knows
nave nothing to say in favor Of his onerr Int have
oeen imposed upon the Comnonwr aih by those who
IN the language OF gentleman this loor-are out
OF the OBSERVATION-DISCLOSURES the voice of every free
holder in the country? Sir, what sort of tribunal do
you elect when you admit those who have not art or
par' IN our acts-to pass judgment upon them! Sir
you might az well refer the Contribution to the peone
o' oho--or the people OF Kentucky-or-I will 20 far
ther-,o the people Of JapanYes, Sir-they have JUS,
a, good right to decide upon il.
Mr.. President, | know the time il cious 7 be
lieve have done justice lar as nv poor csp,citv
viii allow-to the opinions hold, and will not longer
detain you. o.
MIR. CoALTER took the same ground-and commended
that the act of the Assembly, calling Convention was
an ACT oil u-nrpaon-which he had opposed at the lin p
anu sun considered as revolutionary movements He
explained the grounds OF necessity on which he had
voted for delegates TO the Convention and cont.nJsI
mat AS that body derived all its authority from
der' 1t had no right TO go be You'd the IN in Submitting lis
acts "
Mr. MASON of Frederick, stated to the Convention
that when the question had been agita,ed tn. evening"
previous AZ TO the proper mode of atiny the
instrument which had to-day been returned bS The
Committee on enrolment finding it TO lie the sentiment
OF majority That was to receive the sig iires of
all the members who chose 10 sign il, he had been
strongly impressed with the nece ssy of presenting The
views held by himself and others opposed TO the adop
uon OF me new Constitution in the shape OF Protest.
bat finding afterwards that the resolution ON that suh
lect had been laid upon the table, and percevinv II IN
be the understanding that it to be taken
up ne considered that necessity as having ceased and
therefore, no Protest would be presented.
Dir. RANDOLPH then moved the following re .oIu
ton, on WHICH he a.ked the ayes and nays:
ResoiDed, That the amended Constitution aIopted
by this Convention be submitted on the respective F.
lection Days in the month Of April xt the
quahhed 10 vote under The existing Constitution for
members OF the General Assembly.
MIR. THOMPSON OF AmheIs', said that n. sboub
greatly regret that such resolution shouli pas-anJ
1t did pass, h should move of the
vol, 6y which the Cons ituon was adopted What
could be the object OF gentlemen! Could it be asy de-
sire Tor the acceptance Of the Constitution? And did
'hey oHer such resolution this with the hone of
gaining that end' He supposed not. The act Of the
Legislature was their charter, and that act had
IN question The resolution directed against the
rights oil free people. II the right OF every free
man !" the country to pass upon the Constitution and
mat according 10 all the az grd on that floor
by The friends OF restricted suffrage they had all
acknowledged that this the original right of the
people, aud had contcnded ground. OF expediency
alone, mat 1t Ought TO be surrendere ed 10 the freehoi
ders He c)ntended that every man had ri,bt 10 vote
on such que ton; and il the man chose TO cav ,ba,
the freeholders alone should for the whole then
what they voted for would be a lawful government
but not Otherwise The Legislature had declared that
the NV Constitution should be submitted 10 such per
sons as The Conven ion might recommend IL had been
argued in the Legislature that the Constitution OH, b
10 be submitted TO all the peoplebut the Legislature
mad hnaliy agreed that they would recommend TO the
ion TO submit II TO the qualified voters ONLY but
would, al the same time, give power 10 the Conven
ton 10 submit il TO all. The Conve ntion were
left at perfect liberty on the subject If thew
did not conclude TO submit it to all then il wa.
to go to the electors The gentleman from CbarI site
had charged that act with usurpaon, but he asked
the House TO look al the gentleman's aryumrnts III.
told the House in brea;b that il was ne ,essary
That the people should act through an organized
Vernnent That they could not act SAFELY in their ORR
gnu capacity. Over and over had the Hou.e bel EN-
tod That II would be fagtious for Convention to as
sembe or to act unles through the authority OF Il re-
gu'ar government. Well, the Convention had done
50; the regular government OF the FreehoId.rs had
passed that act, and yet in the next ca h. the gen.
Ilemar called il usurpaoD. When tho Legislature
elected Governor hst must he held as the act Of the
people whose agents they were but 20 soon as the lie
eisture passed an act the gentleman did not approve
mat was an act OF usurpation But why was not this
as much the act OF the people the election of Co
vernon! Here the representative Of the Freebodere
had declared " no should have right 10 te upon III
Constitution. and the FreehoIers had ratified that act