Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-01-12

land,
that their Representatives in the discharge of their func-
tions' should be from the cognzauce coercion OF
The CO ordinate branches, Judiciary and Executive and
that their communications with their constituents should
oil right OF duty also, be Free FULL and unaed by any
that so has this been deemed this
IRON which they derive principally their descent
anu laws that the correspondence between the Rcpesen
atve and constituent privileged there 10 pass free Of
expence, through the channel OF the public post that
the proceedings OF the Legislature have been known be
arrested and suspended tines until the Representatives
could go home TO their respective countless and confer
with their constituents.
That, when the epoch of independence the Consti-
tuition was formed, under which we governed
Commonwealth, highly the principles OF repre-
sentative government esteemed that the Legislature
made to consist OF branches both of them chosen m.
medaely by the people and that general system of laws
was continued which protected the relations between the
representative aud constituent, and guarded the functions
oil The former from the conrou vi the Judiciary and Exc
cutiye branches.
That, when circumstances required that the ancient
confederation OF this with the sister States for the govern
neht oil their common concerns should be improved into
more regular aud effective form Of general government
he sdnc representative principle preserved in the
new Legislature, one branch OF which be chosen
directly by The citizens OF each State aud the laws and
principles remained unaltered. which privileged tie
preventative functions, whether 10 be exercised ia the
State or General Government against the cognizance and
notice OF the ordinate branches, Executive and Judicial
ry and Tor It's safe and convenient exercise, the inter
communication OF the representative and constituent has
been sanctioned and provided for through the channel
the public post, at the public expence.
That at the partition OF this Common into Districts
the counties OF Amherst, Albemare Fluvsnna and GOoch
n were laid oil into district that the election held
Tor the said dis rci Tia the month oil March, in the wears
l79J and 1897 the elec the coice 81 Samuel
Jordan Cabel, OF he county Amherst, 10 be- their repre-
sentative in Tie gslatre OF the Gcnea mt;
tina the aid Ssmue Jos ant abel accepted tie Office
repdeda the due periods the Legislature The General
Government exercised hts functions there became
wcrihy mem and good aud du al represe NATIVE
was IN The habit OF corresponding i'll many ol his cons
tuehs, and oil communicating TO by way OF Litter, in
re
ceiving our opulons aud advice sn OF coutIIbung
gh b. it'll right, preserve the trdnsac ions Of Tia.
General Government ia unison wi h the principles aud
ime nts OF his constituents: hat, viii the laid Samuel
j. abrll ia the rcise OF las functions repre-
sentative from This district, and ia the that
c'r'es onence which his duy and the will OF his
iuehts imposed Oh him, the right oil thus ang
WI them, deemed sacred under all the form, in which
our government has hitherto existed never questioned
nor nirnged by royal judges governors OPEN
y and di ecdy violated ccuii OF the e. neral
oyernmrn' held at the city OF Redmond, Tor the district
col virginia, In the month OF - oil this pI zen, year,
1897; that at the said Grand jury having been
called, TO the duties vi the SAID ollice in the
usual ors OF the law, the known limits oil which duties
are to make presene OF Those OF individuals which
tue laws have declared b. crimes nisteme auors
that departing out Of tie legal limits OF their said office
and availug themselves of the sanction its cover wick
edy aud contrary their dety destroy the rights of
HE people OF this Common ealth, and the fundamental
principles OF representative government they made pre-
sentiment OF the act OF the said Samuel Cabe in writing
letters 10 his constituents, in the following ODDS to wit:
We OF the Grand Jury OF the United States, Tor the
dlstric OF virginia, present real evil the circular
letters OF several members oil the late Congress aud par
ucuaIly letters with the signature OF Samuel j. CabeI
endeav ring at time of real public dlnger 10 dissent
nae unound-d caumnies against the happy government,
OF the United States and thereby separate the people
hereiIom and TO increase produce foreign influence,
"runous To the peace, happiness and independence OF
Z" these United States"
That the Grand Jury part of the Judiciary not per-
manent indeed but in office pro hGc rice and respon-
sibe other judges for their actings and doings
while in office; that, for the judiciary nterpose ia
hs representatives., TO control them in the exercise of their
duties functions towards each other; 10 overawe the
Tree correspondence which exists, and ought TO exist be
tween ei; 10 dictate what communications may pass
between them, aud TO punish all Others put the repre-
enatiyein jeopardy oil criminal prosecution, vexaon,
expense and punishment before the Judiciary if his com
municatons public private, do exactly square with
their ideas OF right fact with their designs wrong
TO put the Legislative Department under the feet OF
The Judicdry-is TO leave indeed the shadow but TO
take away the substance of representation, which requires
essentially that the representative he free as his con.
stuents would be- that the Interchange OF sent-
inens be Lawful between him aud them, would be law
in among themselves they ia the personal
lion OF their own business; is do away the influence
OF the people the dings of their representa-
lives, by excluding from their know ledge by the ror of
punishment, all but such information m,niornaiou,
as may st their views; and is the vitality dangerous
when 1t Is considered that grand jurors selected by
hcers nominated aud holding their places at the will oil
the Executives that they exposed influence from
the Judges who nominated immediately by the Exc
culve aud who although holding permanently Judges,
yet from Tie career OF additional office and
opened 10 them OF late whether consi.utionay or not
are under all those motives which interest ambition
splre, OF counting the favor Of that branch from which a-
pontments How That, Grand Jures frequently compos-
ed ia part OF bysanders often foreigners foreign attach
inents and Interests and little knowledge Of the laws the
are most improperly called decide on; finally "a
give 10 the Judiciary, aud through them the Executive
complete prcpOuderance the Legislature render
ing Intellectual That wise and cautious distribution of pow
erS made by tie Constitution betw the three branches
aud -ordinaiiug to the other two that branch which
most Immediately depends on the people themselves and
Is responsible to them at short periods:
That Independently OF these considerations of cons.
tnonal nature the right of free correspondence between
citizen and citizen, their joint interests public private
and under whatsoever laws these interests arise natural
right OF every individual citizen the gift Of munich
pal law, but among the objects for The protection which
muncipal laws instituted; that far the attempt Il
take away the natural right of free correspondence
offence against the principles Of the legislative house.
which the said Samuel j. Cabe is member il is left tc
tha entrusted with the preservation of its own privileges
10 Vndcac S lmmunities against the encrOachnents and
usurpations OF coordinate branch But ar iii All
inlracton Of our individual rights citizens by other c-
zens oil our own State the judcature OF this Common
wealth Is safely competent its cOgnZance no others
possessing any powers redress: That, the Common.
wealth retains all its judiciary cognZances not expressly
aleDaied in the grant OF powers the United States al
expressed IN their Constitutions That, that Constitution
a'ienates only those enumerated in itself arising uu
der laws treaties OF the United States made in conlor
nifty with its tenor; hut the right of free
dence is not claimed under that Consultations nor The
laws or treaties derived from it, but natural right pac
ed originally under the protection of our municipal las,
ana feIslned under the cognizsnce OF courts
Your petitioners would further observe that though, tb
violation Of right falls in the first instance on US and b
representative chosen Immediately by us yet in principle
ana consequence, u extends 10 all fellow citizens who's
safety IS passed away, whenever their arr
placed IN the exercise Of their functions under the drec
fN md III. IL