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

Ut1IeVe had usurned any ma
.hotiy. There had been great political emergency !:
" form Oh government had been provided and the peo
PIE exercised their pleasure respecting II: thew ave
no oner vote but the substantial act of using .s
shield and adopting il as theirow Mr. J. conc,t a.,
mere could be nodoubt of the right OF the orign,I , a.
give sueh authority as the act contained they had given
III and under that authority, at the discreton NJ
the Convention TO submit the new Constitution 10 who
they would. lie would submit one consideratou -wh;.t
Was ehn''edSo respectfrom every one who not a
friend oil revolutionary that was of the last inn
portance to do all i'm their power to save the necess,,
OF resort TO original Assemblies of the people, and In
place OF this facilitate much as possible the s az
legislative acts under the peoples sanction But how
could this be done Convention should pay no respect
10 the very act under which they assembled: but
CT inning TO be the people acting by their
70 SET aside It's provisions and adopt others in their place.
he thought was becoming in them to show all respest
10 an act OF the Assembly, which the people themselves
had sanctioned.
On the quesio OF txreiiency he had little TO saw
ana ne teH but little concerned As one of the nina
NY, me could not he expected to feel an overweening
Ae"i ior the adoption OF this Constitution. He re-
ell much that it had proved to be Constitution for
which he could not feel some, yea deep interest He
should vote OH the prese que son In conformity vitL
what he believed TO be just and sound principles and
not as looking 10 the cquences OF his vote upon ei
.her me adoption or rejection OF the Constitution He
though right TO submit the final 10 the ou..
lined voters Of the Common " eal,h The Conven,;o.
declared them (hc did no) the proper repositories II
e sovereigny OF the country; the bit associates Of all
VINO exercise that sovereignty nov, and he trusted
that none who had declared this would consider hs.s
same parsons, unit to he consulted On tho
Whc'"eT 'he constitution settled them no. Thew
VINO are 10 De the soveregns of the land certain
~ me persons to answer such question. The Free
holders had said So AMI the Convention 40 their fepre
sentalves, ought to say 80 to- 80.
Mr. RANDOLPH rel Piled There il much in .n,,s~
IN 'he argnnent Of the learned gentleman from Al.
g"s'": observation-disclosures happen. to the argument Of
a' gentleman as often does TO the arguments Of msn
uiy hi equals-it has slLdan,ial force So far 4,
my opinion /. concerned, the gentleman might have
spared himself the trouble OF demons that IL
was competent TO the Freeold-rs have thi,
oody-iiso II had med good TO then-with absolute
power 10 dictate Constitution like Scion or Lycursus
lsrea' men whom we should then have ressnibled In
one respect at leas) But put il to the gentleman
from Augusta, whether there was single man In the
Commonwealth, who did believe, when he voted for
members to this body, that whereas poweE on all
oner points were TO be the powers of advisers only ON
'hi~ post alone, were we 10 he absolute.
IL The Freeholder' chose to invest men with power
TO make Constitution which they were ,hem.
serves 10 nave no controls; that is question but can
the legal subtleics Of the learned gentleman bear hin,
out the earnest belief that the Freeheer, ever in
tended TO invest us with plenary powers on this ono
point aud not of The rest, That II ever
the head OF Freebooter in the State when he went to
.he polls to give us absolute power any thing! Sir
"efe Is not such an honest man in the State None
VINO ever proposeda Convention ever thoup hit of giving
us members. power of attorney {, make Copsti-
uo absolute IN the one respect and advisory in eve
~ o'her. SIR, u IL monster unknown The peopIe
have been foolish enough in all ages to give I'M their
but they have never consented TO give up one
nan OF heir liberty while they insisted retaining
inc rest. The People OF Virginia did no such thing =
Ihey empowere this Conven ion as advisers oniy and
II under the quirk-I must be permitted to use tho
term-f under this quirk the PeopIe shall he
as to one oil the greatest branch OF power anv homes,
Chancellor woul be entitled I, give them redress.
Sr' am afraid that am very unfit for the task T
nave undertaken hut nothing more clear to me- than
that the attempt Of the gentleman from Augusta In AN
i"s'on 1T u decep ion: that is 20 me an-but
me genoemans own ingenuity has led him asray-
would put In question to any nan-ye, sir 10 snv
"oman-n The Common alt, and the decision of all
would be the same. ~ ~
MIR NICHOLAS observed that il might velIb,v.
an'lclDifeu. ~ u,Iext
uncation or rejection OF the Constitution was to be ABB
h"eu' would prove one OF great interest and impor.
lance He had reflected it, and ndeavoured N a.,
certain what course he ought pursue in its decision
he result OF this enquiry, that the subject hsuk
e referred 10 The pc sons authorized vote under the
eA'"ng constitution IL appeared TO him, that there ara
modes In which agovernme nj can be changed =
ne one where the people being oppre ssed re,ort IA
e orsina' AMI Inherent right TO resist despotic powers,
anu 10 carve out their iress by ths
eN'''ng Establishment. This is revolution in the plain
and simple meaning of that term. The other 4. ~.
tons i, , ssrees TO modify its exiting insiu-
ons' WIN Tie consrn OF the actual government The
IS the course which been pursued in the nrs.en,
Instance Application was mad. to the Legislature Ia
uom the question OF Cow sntieD 10 In. nubi;c
ION They submitted it 10 the frerholer, from ,,h,r
hey derived their power, and to whom alone thew mad
arign' 10 make the appeal BY this act thew Yeco..
Ne"' ana admitted the principle, that in this mode Of
"dhns"g government, the only persons who had the
ign' 10 decide were those who were the depostorie.
" we powers OF The present government II the prin-
cp'e he corec II would seem follow as an inrvit..
ole consequence, tht the assent of the frr.bold.,.
oush, 10 be obtained TO the amended cons,ituton n go.
II va diiy Every reason which could be urged for re-.
ierrihg The question OF calling Convention to the
eeoIders, applies with equal force to she that the,
rat'hca'ion or rejection should also be submitted &c,
them But ii IL con,ended, that the freeLoders bay.
assented to reference OF this question TO others than
themselves. The law submitting tn. question 10 tho
reehelders, only required them say Convention or 40
Con ion. W ~
heir decision in favor Of Convention did not waive
'her right TO pronounce the form OF rove, nm ont
WHICH Sh DC rendered for their acceptance nor amount
10 Sanction oil all the provisions which might he incor
porated into an act calling the Convention Nor n, the
argument valid which attempts TO she that ending dels
Saes 10 inc convention implied to all the pro-
visions oil the land those provisions exceed the DOW
CT gwen the legislature which simply TO call Con-
venon This has been satisfactorily shewn bv the
ieman from Charlotte (Mr. RandoipbA The freebod
ers IN one section knowing that those in a, othe onls
send deputies, were placed in stu alton where tb.y
were compelled TO do the same or suffer con ,dutiors
to be got up by onehalf OF the State 10 the exclusion
OF the other. And though the authority of such con-
su'ion might be well questioned, yet the conflict .bsua
might have conyulsed the State The argument that
c people might have demonstrated against the term, Of
law, Is not sufficient TO shcw, that the Legislature dit
not transcend their powers in referring the subject 10
voters other than irecholders.
ne ON ission TO demonstrate in this way, does pos
prove That The Legislature acted within the sphere Of
ther legitimate power, Otherwise every tyranpic.
or unconstitutional act, where the people do not re-
monsiraie, may be proved TO be wise and constitu.
tionaL %
Besides, The people had opportunity TO interfere:
the law OF me last assembly 10 90 effct be,
lore another meeting oil that body was TO take place