Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1848-02-01

make distribution OF powers different ifori lhat
provided for by The Constitution. The action 0t
The House OF Delegates, in increasing lis num-
bers, thus relatively increasing It's strength, IS
dangerous in principle, deranges the Distribution
OF power between the Two houses, and sueIecs
the Senate 10 the overshadouing influence the
House OF Delegates, in elections and in whatever
requires The JOINT action OF both houses where
they are, as it were, thrown into one, and ma
lority of all Inc votes OF both is required
therefore submit 10 The Senate, whether il is
not duty imposed upon them 10 project their
rights, and whether they do not owe it 10 their
own dignity and self respect, 10 say nothing of
the obligation 10 see that there be no iniraction
OF the Constitution, 10 notice the action of the
House of Delegates, in admitting 10 seats in that
body, as members thereof, two delegates from the
election district composed of the counties oil Alex
andria and Fairfax.
BY an act passed March the 18th, lS47, sane
TONED by both houses (and therefore law Of
The Gensral Assembly OF Virginia, the territory
comprising The county OF Alexandria, in the Dis
trict OF Columbia, was declared 10 be an integral
portion OF his Commonwealth; and from that
Gay Alexandra county formed raiI OF "the Com
roqwealih" Of Virginia. Il was provided by
said law that The said county OF Alexandra and
Inc county Of Fairfax should together elect one
election was held, and Edgar Snowden received
a majority OF The votes cast in the id election
district There was, and there is now, no other
law authorizing an election to be held Tor
delegate in the county OF Alexandria and,
independent of this law, 10 legal election could
have been held. enquire, how is il, when
The law soIemnly enacted by The General As
seub'y has declared that Alexandria county
and Fairfax county should together elect one
delegate, that we find the House of Delegates
giving 10 that election district, created BY law,
two delegates, by giving one delegate TO each
county. The right OF Alexandria county to have
delegate has not as yet been conceded or grant,
ed by The General Assembly-the right granted
TO her being in common with Fairfax. The law
declares that Alexandria county and Fairfax
shall together elect one delegae.-The House Of
Delegates declares that each county shall have
separate delegate. A bill passes lhs House Of
delegates, receives the concurrence OF the Senate
and gees on your Statute book law of The Com.
monwealh, which law declares that Alexandria
county and Fairfax county shall constitute one
election District. The House of Delegates alone,
by lis resolution, declares in effect that each shall
be an Election District.
Mr.. Spencer Let Us examine and see how
The House Of Delegates could have concluded
that they could do this thing. They, sir were
compelled 10 pronounce The law passed b. both
branches OF The General Assembly on the 18th
day of March, IS47, unconstitutional. Has he
House OF Delegates The right 10 pronounce any
part or parcel Of that law or any other, uncon.
siiIu,ionai2 1t is said by some that that part of
the 9Th section OF the 81 article Of the Consitu-
ton which declares tina. "each House shall Judge
OF line election, qualification and returns Of lis
members" coniers The right; but, with great re.
speci for those who entertain this opinion, hold
that the clause alluded 10 does not apply. The
power thus TO judge is confined TO It's mcmJers-
given 10 il By the very instrument that gives The
power 10 judge-members elected under The Con.
| siituliGn-lhe 1874 members mentioned in tie
| Constitution. This clause gives the right 10 say
who is entitled 10 be The representative from The
district county o. place, 10 which representation
| has been given b. the Constitution. The power
10 say who is entitled TO be the representative
from district, county or place, entitled under the
Constitution 10 have representative, is very Diff
ieren, from giving representation. This clause OF
the Constitution giving TO each House the
right 10 Judge oil The election, qualification and
returns Of lis members does not operate until the
| rish; OF representation is granted By compelep,
authority. Tnis authority is ordinarily by the
people in convention assembed but in this case
en- en-. BY the General Assembly; surely he House
of Delegates alone has not the authority. ii ! am
right, then the action OF the House was certainly
wloDg-the right OF Alexandria county, alone, TO
have representative, as before remarked, not
having as yet been conceded by the General As
s";nbiy-lhe right granted 10 her being in com.
mon with Fai'faI.
Suppose that, instead Of TWO gentlemen presen-
ing themselves from the election district OF Alex
andfa aud Fairfax. but one had Knocked at the
door of the other house, would any member Of The
Legislature have thought OF sending for another 2
| YET, if Alexandria is. as is coneHdsd, entitled
under our Bill of Rights TO a separate delegate
| and il is a duly 10 provide snch representative
surely The obligation is The zane, whether The de-
| legate presents himself .nr admission or not. ]
think there is 4 vast difference between full and
complete Legislature dischargjns duty imposed
upon il. and one branch OF that Legislature as
Stunning 10 itself powers not given by the Consli.
tuition. and interfering wi n and disturbing pow
ers created and provided BY The Constitution. II
the House OF Delegates has the right to give
| Alexandria one delegate, She has The RICH, TO give
| her thiriy-two. II she were 10 do this, where
would your voice he, in all that required the
Joint action OF both houses 81 protest agains
the action OF the HOUSE Of Delegates being SUI
fered 10 remain as 4 precedent. | think ] cal
see that il is possible il may lead TO danger i'm.
mincnt and disastrous, destructive of The best in.
|
yerpment. Let not Virginia, who has ever been
reeardiul OF Law and order, the mother OF State.
and of statesmen, The birth place and the final
resting place of The father OF his country, esta-
blish n precedent so dangerous as this II, in our
anxiety 10 do all for our daughter who has so re
cen ly returned and sougb, protection under the
old family mansion, we have been guilty Of error
let us rettace our steps: and correct The mistake
before 'the evil days come" and SHE years draw
nigh" when we shall say we "hare no pleasure in
lhem."
Mar. Speaker, believe there is a mode, con
situ,iona mode, by which Alexandria county
could obtain separate delegate. The Constu
ton has wisely made piovsion-its language j:
broad, plain and full; and whether the trainers o
the Constitution had this particular case in thci
minds eye al the time they framed that insru
ment or not, is a matter with which we have no
thing 10 do. II the power be granted, il is all vi
need ask and without intending 10 cnler into an ar
eumenl 10 prove that the power is given, viii
merely.say thai i believe the General Assemb,
has this right. The right is given 10 The Genera
Assembly 10 increase its numbers by making reap
porIionments OF delegates and senators through
out "the Commonwealth. MARX The Language
nthc Commonwealth" ! contend that 1t mean
ALL-the who'll terriLOyy.-Tbe Commonwealth
il existed al The lme the reapportionmcn, is made
II il was intended 10 confne it to the territory ha
at The time the Constitution was adopted wa
known as Virginia, Why not use, as is used j
other sections Of The Constitution, The words 9Th
; aforesaid great districts" or 'Ihe aforesai
. great divisicn?" But, sir, this language j
dropped, intentionally dropped, as 1 believe
and the words she Commonwealth" uset
! This is but another evidence Of The wisdom G
, the trainers of that instrument. But if gentle
men differ with me, and are of the opinion lha
those wise men never looked forward 10 the re
, Turn OF Alexandria, would say 10 them, tha
, they surely employed language that enables tn
General Assembly eonsilulionally, legilimatel
and riehllully, TO give to Alexandria county
/: representation in both branche, Of The Lesisla
ture; and regret that this legal, constitutions
mode, was nc, adopted; because il it had been, III
! people, who have honored me with their conf
dence and 10 whom am indebted for seat o
This tioor, would have had greater voice in thi
: Capitol than they now have.
In conclusion, permit me TO say, desire tn;
l provision shall be made so that an election ca
10 nHrto