Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1832-12-25

sent situation, amounts to the enactment of an
erpost tdco law Do the trustees claim the right of
constituting new offences, ut their good will
and pleasure and of Furnishing them as they see
fit
10th, DR.. Cooper then proceeded to deny tho
right of tho board to mako determinations and diff.
fcrcnces, to the religious opinions which the
faculty of the College had right TO profess and
avow. If any section or description is peculiarly
iostered or sanctioned every other is porstratcd IL
prescribed. Where can the Trustees find their
thority to institase in College established reli-
gion, or TO make any discrimination? If they had,
an they have not, the right, it would be highly in
eXpedient TO usc it, We have in College, sons of
Calvnists, and Universalists, Trinitarians and
Unitarans, Arminians and Antinomians; IONS of
Jews, and of persons of no particular .yion. What
Is the rule of justice and expcdiencc in such casel
Interfere with none of them: leave every opinion
to fall or rise by its own value. DIR. Cooper's ad-
vice has been constant, reiterated and uniform to
the Students, as ercry trtness examined has testified
follow, while at College, the religion of your pa
rents"
1t ssvors of unfair dealing with tho students Of
the college, TO conceal from them, differences of
OPINION which they sure to meet, when they |
leave 1t; and prohibit all insight into views and ar
gunents, which are necessary TO be known and
| considered, before any honestly determine |
where truth is to be found. This system OF manage
mcnt' the offspring of sectarian timdity, is not to
DO approved.
llth. DR.. Cooper had intended to suggest that
lhiS was, III fact, political attack of the party who
now form the minority of tho State But the voice
OF the people has spoken; and those who formerly
doubted will be inclined to obey For this reason,
he would urge no irritating remarks, unhecessa.
riiy wound the feelings of those whom Inc hoped to
see again united with the people of this State, lend
ing their aid TO common cause, and joining to re-
sist common oppression. His inclination was, to
convert, If possible. foes into friends.
| l2th DIR. Cooper took occasion to examine tho
act ot loU2 which gave orig to this Institution
In that act, the only cause of removal permitted
to the Trustees, is misconduct in office. Erpressio
| uHiHS, EST eEctuSi0 0ieriuS. Conduct is thing,
opinion is another thing. The ussal meaning of
language must not be changed, COMPOUNDED and
Jcctod, III the construction of an enactng clause
Who ever pretended before, that opinion meant
conduct, or conduct epuionl Or how can the pro-
tesson OF opinion be misconduct if the right to pro-
less 1t he guarded (as it Isl by the paramount law of
The land! 10 convert opinion into misconduct, you
must show your right to control opinion; whence do
you derive it?* That the opinions objected to, as
used by DR.. G.. in his lectures, intimately con-
nected with the subjects treated and the doctrines
necessarily advanced, or were unavoidably elected
by the occasion, has been fully shewn by the test-
! inony They were not cxtraneous to his duty, or
uncalcd for by the subject and the occasion. They
cannot therefore amount to misconduct, in any pos
slbc sense of the word.
| lJth. DIR. G. alluded, very briefly, to the opn-
ions advanced and the objections taken, at for
ncr meeting. But as the gentlemen from whom
they proceeded, were not present, he forbore to
consider them.
ii. lie then proceeded with his argument drawn
from the Constitution of the u. States and of this
State to establish his right TO entertain, profess,
and avow and in public or private to defend, any
opinion whatever on the subject of religion.
lie said the liberties of the American people
depend on the principles that will govern the pre-
sent case. IF the Trustees may construe the Con-
stituton, so as to servo present convcnience-f
they may substitute their own discretionary con-
struction, and indirectly contravene the plain
ing of constitutional expressions-if they are at
liberty to supply, at their will and pleasure, a.
NY supposed omiss"s, among the constitution
i al provisions-if they at liberty to mould the
national compact into any form that may sui. the
present notions of the present board-and make
the constitutional rights of the citizen 10 bow
| down before the decisions of temporary tribunal
If they may do all this, on the present occasion,
why is Congress to DO prohibited from doing The
| same? Tho same legal principles may apply to
case, where dollar is at issue, as where mil.
| lion is at stake.
tho United States and next the Constitution of our
own State. But before [ enter into detail (the |
DR.. sad) would willingly make preliminary
remarks.
All sound politics, and all sound morality, like
AL sound science of every kind must be built not
on any priori, innate, intuitve knowledge; but
on the results of actual experience. Many expert
mcnt must be made and fall many fanciful |
and deceitful theory must be brought to the |
ttst of fact and trial, before we can be con- |
WINGED that IL is worthless. Such is the case |
peculiarly with The science or government. Truth
10 slow traveller 1t has taken mankind three
thousand years TO get glimpse of ono political
conclusion which long and dear bought expert
ence has pointed out, viz: that all governments
ought to be instituted and CONSTRUCTED for the
good of the many who governed, and not of
the few who govern. Theoretical writer's of mo-
dcrn times seem, for the most part, to adopt his
conclusion; but it is a truth practically rejected
throughout Europe, and it cannot be said to be
put III practice even here.
In all the revolutions that tho abuse of power
have driven the people TO engage in, they have
changed their tyrauts, but they have not changed
the tyranny Dcspo,s have been sacrificed to po
pular vengeance; but the dcspotism remained RAYS
oil light cleaning through the darkness of pas, |
ages gave birth to tho Cor,cs of Spain, the Parlia
monts of France, the Magma Chafta of the English
BArons the Bill of Rights under Charles the LIST.
and the Revolution of 1858. But no rroat and
ieading principles, IN favor of the many, were de-
lberately pcnnod the documentary charter of the
peoples rights. In England, the farce of Il Consti
tuition, much talked of, where 10 be found has
boon reduced to one principle, the OMNIPor EScr
or PARLIAMENT; principle anxiOusly enforced and
strenuously urged, by tho present abandoned ma
JoTIty i'll the Congress of the United States This
principle was distinctly laid down, as constitution
al law, IN MIR. Cookies late speech; and listened to-
with great conplacency, by the House.
Inc hrst chectual attempt to give origin to po-
iiticai power, by express delegation and to limit
the extent and define the bounds of entrusted au-
thority, by a written constitution, was among our
selves. This the result of reflection on past |
experience; and measure il was, full of wisdom |
ana happy omen Unlucky, as no human effort
perfect, at tho first trial. tho imperfoction of
language has rendered our experiment defective
Tho ingenuity of verbal quibbo has contrynd to |
throw doubts on part of our Constitution, where
common sense and plain popular feeling would see
no difficulty. Moreover instead of making nil i'm
piod powers indispensable TO the powers expressly
delegated, we have most injudciously admitted the
words "SeiUt md proper atIordng a latitude of
Interpretation to T~rycrsity of construction not
oreseen by the ION who penned our national |
M Hon I,,r l,-ck