Daily Richmond times. [volume] (Richmond, Va.) 1849-1850, 1850-07-20
THE STATE CONVENTION.


| and New Kent:
| GENTLEMEN-In compliance with request contain
ed in communication from the three gentlemen above
named, ed other voters which appeared in the Rich
mond papers OF the 18th instant, proceed to state my
views upon the most important of the questions which
are likely to come before the Convention to meet in
| October
| AT the threshold, will mention that my sentiments
are very strongly IN favour OF representative republic
can government, as distinguished from pure Demo-
crazy In the nature of things, the people of large
State like Virginia cannot meet togeiherto make laws
therefore the law making power must be given to their
representatives, under such regulations the people,
by their constitution, may prescribe. Nor can the peo
pie. collectively execute the laws; and therefore they
must by their constitution, establish executive power
and provide how that Executive shall be appointed -
Nor can they collectively determine controversies ari
sing under the laws; and therefore they must, by the
constitution establish judicial power and provide how
the Judiciary shall be appointed
In establishing each OF these three great departments.
it material to consider that goyernen de TIE re
the protection OF the property than Of the persons on-
dviduals" Each of them should be so ordained as to
protect the rights property as we'll as the rights OF
persons Our slaves are both; property and persons
In framing the Constitution of the United States, the
tatesnen Of the South took especial care, tor the pro-
tecton of this kind of property in the South, to make
the relative influence OF the South IN each department
OF the federal government greater than would be IT
the members ofthat department were elected by ma
jory merely of the qualified voters. So, in framing the
constitution of Virginia. the statesmen OF that part OF
have in like manner, for its protection, taken to
make he relative influence OF that part OF Virginia
greater in each department OF the State government,
than would be the members OF that department were
elected by like majority.
The principle on which the statesmen both of l776
and 1880 proceeded assaied in the East as well
as in the West. It's now proposed to organize each
department of the government upon different prnci-
pie from that on which has been hitherto organized
to organize each SO lessen the present securities for
the protection oil the peculiar property OF the East To
| all propositions having such a tendency, l am very
strongly opposed.
1st As to the basis of representation in the General
Assembly. 81 think" with Mr. Marshall, that " the
soundest principles of Repubicanism do sanction some
relation between representation and taxation. Certain
y opinion has received the sanction OF wiser states
and patriots" shall be satisfied it representation
in the General Assembly shall be determined according
to white population and taxation combined, or as IS
done under the Constitution Of the United States, by
adding the whole number OF tree persons three ttths
of the slaves; but should not in my opinion, be ap-
porlioned according to white population exclusively.
| There are many which would dsncline me to
see apportonment on this latter principle adopted in
Virginia, long as am unwilling to do any thing to
promote the adoption OF like principle under the Con
| stitution of the United States.
| 3D. The chief executive power OF the common
wealth being vested in the Governor, l should not be
willing to see him elected (any more than the mem
bers Of the legislature) upon principle which has re-
| gard to white population exclusively. Such will be
the effect if direct be given for him by the quail
fed voters the whole State The Southern States
the Union would be shorn of large portion OF their
relative influence if the President and vice President
of the United States were elected by majority mere
y of the whole number OF voters in the United States
the laveholdng counties OF Virginia will have their
| relative influence diminished in like manner, it the
Governor and lieutenant Governor OF Virginia be cleo
ted by majority merIy Of the whole number ofqua-
fed voters 10 the State AT present, under the con-
sttution of the United States Virginia appoints Ito
choose President and Wee fTesdent) number OF
electors equal to the whole number OF Senators and
REPRESENTATIVES. which she is entitled in Congress
as her number Of Representatives IN Congress IS Ia
creased by counting three ths OF the slaves, so the
number Of votes which she gives in the Presidential
election is increased in like manner. What southern
is prepared to renquish this and let the result be
determined by bare majority OF the voters IN the Unlon
Yet in the State Government our politicians are pro-
posing something very like it, between Eastern and
Western Vrgnia. At present, under the Constitution
OF the State the Governor is chosen by members OF the
Legislature wherein representation is apporoned,
not according to white population exclusively. but in
some degree according 10 taxation; and exactly IN
the degree in which there is such apportonment &C
cordng taxation would the relative influence OF the
East be curtaied fthe Governor be elected by ma
| lority of the qualified voters OF the State.
| Let him be elected, aud let his patronage be in-
creased of what value, then, will be an apporonment
of representation in the general assembly according to
white population and taxation combined, or according
to the federal numbers! ii any question few votes
in the legislature should yield to the power which his
patronage would give, the value OF either basis would
as it regarded that question, be gone.
! Bird. | approve the distinction made by the bill Of
rights and constitution of Virginia. between the tenure
OF the members OF the Legislative and executive and that
ment "That the members OF the t,oo first may be
restrained from oppression" the fifth clause Of the bill
of rights provides that they should at red periods
be reduced to private station = different provision
was intentionally made both in l776 and 1880 to
members Of the judicial de- armen 1t has been urged
that the legislative and executive departments should
be governed by "the will oil the majority oil legal voters
subject only to the constitutional guarantees OF pro-
lection 10 members OF pe,sons and to property. am
very friendly constitutional provision which will
be some check against the states going too deeply in
debt for internal Improvements but | should like to
SEE the check practical one-suct an one as would be
.pabe of being enforced by the judiciary, at least
long as the constitution containing 1t shall be allowed
to remain in force ANY guarantees OF this nature would
OF avail only dur the existence OF the consti-
tuition containing it. The representatives OF that ma
jorlty of legal voters to whose hands the power
was surrendered, might at any time call another
convention and adopt a constitution with
such guarantees the guarantee could not therefore,
safely be relied as permanent security. But what
most wonder at is, that those who ask the East to
rendera power OF protection which now has by means
OF representation and to rely on constitutional guar
antie should contemplate organizing every department
OF the government In such way as to make the guar
ante worth as little as possible even during the cont
nuance of the constitution which contains it. They
propose lst that the legislature should be elected with
regard to white population exclusively. 2nd. That
when the legislature has passed law, its execution
should devolve executive elected also exclusively
with regard to white population. And 3rd. that when a
question as to the constituonaity Of law is to be ad-
ugded, it shall be by judges elected in like manner and
eected merely for term OF years II majority of the
legislature passes law which is alleged to be in viola
tlon OF constitutional guarantee this question Is pro-
posed to be determined in the last resort by judges OF the
Supreme Court Of Appeals elected by that majority OF
the people whose representatives have passed the law
complained ot-by judges, who, at the expiration OF a
short of years, to come before that ma
ority of the people candidates for reelection.
~Would the South be willing to have the judicial pow
or of the United States vested in courts held by judges
elected 10y majority of the voters) for term OF years'
When a question arises under that clause ofthe cons-
tuition OF the United STATES, declaring that person
held to service labor in one State under the laws
thereof escaping into another shall, in consequence
any law or regulation therein be discharged from such
service or labour, would Southern man prefer this
question to be passed by Judges elected for term
ofyears rather than by Judges holding their offices d
ring good behaviour | think And if the Consti-
luon of Virginia shall contain guarantee in relation
to slave property relation to any other property,
or any other matter cannot think that any party in
teresed in UNFOLDING the guarantee against an act OF
majority OF the Legislature alleged to be in violation OF
It, would be as we'll satisfied to have the constitutional
effect OF the guarantee passed on by Judges to come in
short time before that majority, the people repre-
sened by Them for reelection as by Judges differently