Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1846-02-17

% mus oSieSdteu, ny TIC exercise OF mat power
the delegations are presumed to speak the voice
OF their constituents, and the maxim OF qui iae,t
per alum, fact per So, fully applies, and the
stltuents are bound, because they have spoken by
themselves, in all matters except such inherent
r.ghS that pertain 10 man in state OF nature,
which ne cannot be deprived of by any conyen-
uonal obligation resting upon them
admit, that when Convention is elected and
organized upon this principle OF equality, that II
they should think it most conducive 10 the pub
lie veal, TO dispense The powers OF the Govern
ment with view 10 the protection OF some parii-
cular interest-property, il you please-lhat lhey
have The power 10 do SO; because The subjects OF
their deliberations become the legitimate offspring
OF Cancellation and compromise. But The prima
~ postulate, that ajority of the community,
having sufficient evidence Of permanent common
interest with, and attachment TO, the community,
alone have The power 10 delegate that authority,
is fundamental principle So inseparab!e with
Republican Government that |, for one, will ne
yer consent 10 compromise IL or consent 10 The
slightest innovation upon IL II an assembled
Convention, with delegated powers in conformity
With this fundamental doctrine, should, in their
WISDOM conceive il necessary, Tor The protection
and security Of the slave property OF Eastern Viz
ginia 10 give TO the Eastern division OF The Stale
seventy-eight delegates 10 fitty-six in the Western
division, in the House Of Delegates, and nineteen
10 thirteen in The Senate, | will venture 10 affirm,
that not one word OF complaint will ever De heard
from them, because OF their power and duty 10
protect property and persons. But | will under
lake further tc affirm, that if this apparent inc
qualify and injustice is fixed upon the West, in
defiance OF this principle, by power delegated
by a large minority Of that class Of citizens hav-
ing sufficient evidence Of permanent common in
ieres, with, and attachment TO, the community,
that il will utterly fail TO allay the universal dis
satisfaction which now pervades the entire West
ern division of the State.
The bill which you hold in your hand, and
which propose 10 amend, proposes to submit to
the qualified voters OF the Commonwealth the
question whether they desire TO have ConVen-
ton TO amend the Constitution OF the State; and
if a majority Of The qualified voters OF the Com
monwealth are ascertained 10 be in favor OF
Convention then, in order TO the forming and as
sembling the Convention, the same voters are to
elect the members to the said Convention, in the
same numbers and from the same places as the
present House Of Delegates now are elected.
A Convention TINS elected, contend, would
not possess the power, according TO The Bill OF
Rights 10 REFORM alter or abolish The Constitution;
and il they did possess the power, they would
not be likely 10 exercise it SO as TO remedy the
existing evils in the Constitution. | will pro-
ceedto examine these Two questions in the order
stated, and then endeavor 10 show, that, by the
adoption Of the substitute which have offered
as an amendment TO The BILL the power will be
conferred, and that it will be so exercised as mos!
probably TO remedy the existing evils in the Con-
stitulion.
Fist-Woud body, elected upon the princi-
Piles above stated, possess the power 10 reform, al
ter or abolish the Constitution, according TO the
rule prescribed in the Bill of Rights?
To test this ouestiOQ fairly. il is necessary q
ascertain whether they would be likely to repre-
sen, truly the wishes of majority Of the commx-
n,ly And this brings me to an examination of
the question upon what basis would the members
10 the Convention be elected; and what relation
would they sustain to that class OF the communi-
" entitled 10 The right OF suffrage, spoken OF in
the SIKH article of,he Bill of Rights.
The present II. ofDeegates consists OF one hum
red and thirty four members, elected from the four
grand Districts OF the State, as follows, viz from
the frs, District including all the counties lying
West ofthe Allegheny mountains, thirty one De-
legates; from the second District, including all The
counties lying between the Allegheny mountains
and the Blue Ridge, called the valley, twenty-five
delegates; from the third District including all The
counties lying between the head underwater and
lhe Blue Ridge, torty-two delegates; and from the
fourth District, including all the counties, cities,
Towns and boroughs, lying on time-water, thirty
six delegates. From The two great divisions OF
the Stale, the representation stands as follows, 10
wi, from the Western division, including all the
counties West Of The Blue Ridge, ffty-six dele
gates; and from The Eastern division, including
all The counties, cities, Towns and boroughs East
of the Blue Ridge, seventy eight delegates.
We have no certain means Of ascertaining the
precise number Of persons entitled 10 the right oil
suffrage, at this time, under the present Consitu-
ton, either in The entire State or in any Of the
said districts or divisions. But feel assured,
tha, either The number of the tree white itheables,
or the number OF the free white population, in
the several districts divisions, as basis, would
produce very nearly The same result, that repre-
sentation based upon the number OF persons, emit
tied to the right of suffrage, would will therefore
assume the number Of the free white timetables, in
the first place. in the several districts and divisions
as The basis oil the present House OF Delegates,
with AZ view 10 ascertain the ratio they sustain
10 their several constituents. We are informed
by document transmitted TO this House by the
the first Auditor that in l845 there were lo3, 436
free white timetables in the State, distributed
as follows to wit in the first District 59,449;
in the second District, "a 342; in The third District,
1856; and in the fourth District, 40,779, and in
The two divisions, they are as follows, 10 wit in
The Western division, SO, 79l; and in the Eastern
division, S9,645.
upon the principles vi CQudiltt, VIC
State. every 1868 OF the timetables would be enti
lied 10 elect delegate; consequently The West
ern division would be entitled by reason Of her
90. 79i timetables, TO elect So delegates, wanting
fraction. And the Eastern division, by reason of
her 80 Gas timetables, would be entitled 10 elect Is
delegates, and a fraction over Upon the same
principle ofequalty The several districts would be
entitled 10 representation as follows 10 wit: The
frs, district, having 59,li9 timetables, would be
entitled to elect Do delegates and fraction. The
second district, having 1882 timetables, would
be entitled 10 elect 25 delegates, and fraction;
The third district having 49, 666 timetables, would
be entitled 10 elect &c delegates, waning frac-
ton And the fourth district, having 40,719 1.-THE
ables. would be entitled TO elect thirty delegates,
wanting fraction. A Convention elected upon
this principle would fairly represent a majority
of the community, according TO the letter and spi-
rit of the third article Of the Bill Of Rights, and
would be invested with The power TO reform, alter
or abolish the Constitution. But how would the
matter stand, il the delegates TO the proposed Con-
venton were elected according to the bill under
consideration The Western division, having
93 79l theables, and being to So delegates,
would be 1914 timetables TO each delegate. The
Eastern division, having So GAS timetables, and be-
ing entitled to 70 delegates, would be as iithea.
bes to each delegate. The several districts would
De represented DIS iollUWSi " WI w A'Ss W.
trict having 59439 timetables, and being entitled
10 ,hirty-one delegates, would be 1917 timetables
to each delegate; The second district having 81
342 timetables, and being entitled TO twenty-five
delegates, would be 1878 timetables TO each dele
gaze; the third district having 45,566 timetables,
and being entitled TO fory-two delegates, would be
1853 timetables 10 each delegate; The fourth dis,
trict having 40,779 timetables, and being entitled
10 lhirty-six delegates would be 1882 titheabes 10
each delegate. Agan--taking the lowest ratio,
that OF the fourth district 1882, the Western d.
vision having 3,79l timetables, would be entitled
to eighty three delegates, wanting small fraction,
instead of fiity-six, the number proposed TO be
given her. The Eastern division, upon the same
ratio, having s9,645 timetables, would be entitled
to seventynine delegates, instead of seventyeigh,,
the number proposed 10 be given her-forming
body OF l6l delegates. The first district, upon
the same ratio, having 59,449 timetables, would
be entitled TO fifytwo delegates, instead thirty
one, the number proposed 10 be given her. The
second district having "a, 342 timetables, would be
entitled to thirty delegates, instead oftwen,y. FIVE