Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1836-04-08

and in their hands will be used but for the yind-
cation of their rights aud OF the principles Of their fnda
mental law In the history of British ances,ors sir,
" comes down to u.s. through long line of glorious
u,uons In that county II has been the instrument by
which every great principle of cvil and political liberty
has been successfully vindicated and established How
was eTPnHgtng used sir in the celebrated ease Of John
Hampden and the ship money, ia lou: Wea know cir,
that IN that case, the King claimed arbitrary power
to levy upon the people, at his discretion, what
OF the Government, and the defence of the Kingdom.
This enormous patton by tn. Judges
not merely IN an extraudicia opinion rrrsuafly OBJ
tanned from them, but ia their solemn rendered
IN the Exchequer Chamber against john pden for
his refusal 10 pay the odous tribute exaccd oil him
These niquous proceedings were afterwards erpungtd
in the high of Parlainent; and by that
The great principle OF free government, that the people
can tie taxed only with their given through their
representatives., that principle which gave birth tn
own glorious revolution, for the first time
fully and rrevocably established la the OF Skin
ner and the East India Company, in lGGJ, TO which
have heretofore referred, was the great principle
involved? In addition that ultimate appellate iuris
dction in questions law of which the House Lords
IN England has been long possessed it claimed that
occasion, cognzance of original suits
OF the trial by jury BY being forced al last by the
BILE resistance OF the House OF Commons 10 e1puRge
The Judgment they had pronounced and other pro-
ceeding in that memorable case, they renounced finally
this dangerous claim Of original jurisdictions and The
glorious institution OF AngloSaxon ancestors the
great bulwark of British aud American freedom the TIL
al by jury, was thus triumphantly rescued und main
| tanned.
In the of the protest of the Tory lords in 1890 TO
which have had occasion refer the principle involv
r.
pungtng was even OF deeper and more vital character
The Senate will recoect, that The in the recosni-
ton bill to which the Tory lords objected, aud agast
which they entered their protest, one asserting the
validity OF the acts OF the Philharmonic
Parliament, under whose auspices the glorious revolu-
lion OF looS had Just been achieved The Tory lords
unwilling TO recognize the validity of its acts, because
il was called together in the of great crisis
by the voice of The nation ITSELF speaking in the person
oil the Prince OF Orange, and without ormaiity Of
The Kings writ, which these lords held was indspensa.
Die, under all circumstances, 10 constitute lawful Par
test struck ut the vital principle of the evolution which
had just been accompished-tle sovereign right of the
people 10 alter abolish their institutions without
siavish submission to pre-existng forms. The House.
therefore, ordered their protest. which had been rcgu.
ary entered on their Journal 10 be erpunged, and in do
ing SO, worthily yndcated the vital principle Of the
right of the people TO change modify abolish their
institutions, whenever il shall seem them good, prn-
cple which stands in the very front OF the Declaration
OF American independence, aud is even more essential
TO American than British Liberty.
/ The of the Middlesex election, which gave rso
TO another instance OF expunging in 1882 is perfectly
familiar TO the minds Of the Senate. There the great
right Of the people freely choose own Repre-
sentatves, vndicated established by
resolution of the House of Commons adopted four
teen years ago, and which lastly described as ssub-
versye of the rights at the whole body electors i'm
the kingdom We have seen, then, this denounced
and illuminated process of erpuagiag through
tures OF British Freedom, used the elcacous instru
men by which every great constitutional right, every
cardinal principle oil popular liberty dear heats
freenen has been successfully INDICATED redeemed
lin 1910, the right of the people TO be taxed only with
their consent-n 1863 the right To Jury tria-n
1000, that right which is the mother of all Others
right OF the people to organise, modify abolish their
political institutions at their pleasuren 1852 that
right which forms the practical security for the rest the
right OF the people freely choose their Represent
atves In OF these facts il exaggeraon to say
that every cardinal principle of British and American
freedom has, at one period another, been indicated
and established by this remedial but process
of expunging.
have already remarked, Mr.. President that this
remedy for the abuse of delegated power
sorted TO, in Representative Government, but with the
deliberate sanction, and under the formal authority of
the people E1Punging u.s. in fact, the embodied and po
tental voice of the people bursting by its legitimate
power the legislative assemblies and correcting
in the most solemn orm the deviaons assumptions
of their servants Ii Unnecessarily implies change in the
public councils by the operation of the public will for
the body which has committed been guilty
an usurpation, remaining constituted it was, will
be the willing instrument of correcting expunging
own wrong Accordingly every oftle cases which,
have mentioned the final parliamentary action been
preceded by the matured the settled the irreversible
Judgment OF the public mind In the of Hampden
the shp-money the proceedings which were crpunged
took place in 1887 the expuncton followed three years
AFTER IN io4O In The meantime the public mind had been
anxiously and intensely exercised the subject; tho
question had been publicly and solemny argued before
all the Judges in the Exchequer chamber from time
to time, through period of six months. After their
decision was pronounced, the merits OF that decision
continued TO furnish the theme of able and earnest
discussions at the bar of public opinion; and finally the
settled Judgment OF The nation carried eIeeu
ton, by the order of the high Parliament for
exPunging the rolls of the obnoxious proceedings In
The case of Skinner and the East India Company in
like manner, The question between the Houses was
ana earnestly debated before
eighteen months and the House of Commons was but
tile organ of the settled public opinion of the country
in finally wrestling from the lords the erpuncfioa of their
dangerous and illegal proceedings In the case of the
protest OF the tory lords in 1850, the great principles
involved, had been kept constantly before The public
mind by the profound interest awakened by the revoIu
ton Of 1858, and the faithful and patriotic Wings Of
that day but acted out deliberate and forepone con-
cluon IN the public judgment, by elpUnging protest
which assaed the vital principle of popular sovereignty
In the case of the Middesex election, the question had
been pending before the nation for fourteen long years;
during which time it had been the subject of public dir
cussion in every possible popular parliamentary
and legal in meetings Of the people, in both Houses Of
Parliament, and incidentally before the judicial tribunals
OF the country. Public opinion never more ma
ufely formed, fully expressed, faithfully
represented than in the order for eTPuaging the
stItutonal and obnoxious resolution in that
80 IT IS, sir, on the present occasion IL is this day
precisely two years since the resolution opposed 10
, be expunged was adopted by this body. During The
whole of that PERIOD the public attention has been con-
stanty recalled il by able and eloquent debates hero
by the searching discussions of the prese-by the calm
and seifdireced inquiries OF the public mind The
Jet has been constantly under the consideration Of tho
, people, in one form another. Every Temporary and
artificial excitement has passed by and the public Judy
ment has been left TO IFS self.balanced wisdom,
TO pronounce The issue joined before it, Its deci-
son. believe slr has been made up and great part
pronounced. Eleven of the sovereign States Of this
Union have spoken, and spoken authoatively demand
ing the exPunciion OF this resolution from journals
There can he but lttl hazard saying four or FIVE
more desired and would approve II, though they have
not yet spoken in an authoritative form, probably be-
cause they have supposed it TO be unnecessary do
The judgment Of our constituents then the people and
Of The States, has passed this troDsacont believe