Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1851-07-04
THE NEW CONSTITUTION.

1n,s besn made question: and probably will be again
wheaer State Constitution in the hands oil the Convention
c makes il, should submitted TO the voters under the
orsn constitution or to those who would be voters under
the n.y CONSTITUTIONS if adopted The Convention OF 1873
20 he'll that those would he voters under the con.
stIun adnped should decide upon lis adoption The
Conv.,ou of iS50-5l will probably decide in like manner
Than his however greater political heresy, is humby
conceived is rarely presented Ia the public.
On wat authority such an opinion be based2 There
is sure, no sufficient authority ia" it, either in the existing
or frns Constitution of the State. We hive Con
sutiun BY that Constitution only particular clusses of per.
suns ore vileged 10 vote for members Ut the legislature
And whe the present Constitution exists, only those per.
sons can vote for members OF the Legislature No other
elections " the penpe provided Tor Now when will
the preset Constitution cease 10 exist Inc answers
when The political mower of the State adopts new
But what the political power Ut the State II Is that pO
ton Of Tie people al the State to which the Present Cns
tuition has given the power to govern me STATE is that
and only Tint A majurtv Of that body of the people gov
erns the Suite. Then if ettIrt Is made to change the
Cnnstiutua follows that il must pc nde oy the existing
political power If any other power n!eeIes to effect the
Constitution but not qualified under The present Con
srulion, have right Ia vote for new Consti
tuition than persons not 80 proposeathey nave no more
right Than women or children If they have such right
whence do they derive il Will il be said that The
Legislature give the Convention the power TO nuhoriz,
them vole7 Why, the Legislature itself has no
that DOVER TOR their power is derived from their consiitu
cn,s they give such authority unless they do
positively, by changing the Constitution. Can an act o.
the ordinary Legislature authorize unqualified persons &c
vote for members of The General Assembly Ii cannut-
How then such authorize unqualified persons
for Constitution which will enable Them vote 4
If the ordinary Legislature cannot authorize the less how
can authorize the grea,e7 And will il indirectly bu
really undertake authorize unqualified persons fo
members of the General Assemb y ii authorized them
adopt Constitution which would authorize them 10 do 80
Would not this oe doing indirectly The very thing which the
Constitution iorbIds The Legislature authorize
the Convention submit the Constitution to the voters
proposed by it gven if il had attempted TO do so unless The
present voting classes he political power Of the STATED frs
give IL the express right 10 do and that grant by III,
people would be change Of the Constitution pro tanto Ii
The Convention submit the new Constitution To u certain
other class of than those qualified under the existing
Constitution why may It not submit IT, should II think f
do still another and another cassnc udog women
children and Indeed what power there in III.
Convention this doctrine correct-tc
those other specified classes from appearing the
pulls and voting for against the new Constitution The pre-
sent Constitution will be in furce until shall be
made The ordinary Legislature make new one moi
any part Of Now the Legislature being able
authorize change in the Constitution and the political body
Of The people having duly authorized it, change in
BIZ made unless be done by force; and thus power
vote fur members of the General Assembly, it exists in
the present Constitution cannot be altered by the Con
venton, which is the agent of the political pow.
Of the State, delegated consider and propose
Constitution TO that power but not authorized to change
ioa Of The present Constitution The only plausible scheme
evade this doctrine is that the Constitution only
pescrlues qualifications of voters for members Of the Gen.
era Assembly but does prescribe qualifications of
for other purposes The absurdy oil this view has already
been shown But If this 3d. why the calling the
Convention limited qualified under the present Con
siiulion II the Legislature mot being positively author
lied by their constituents to du) empower the Con-
ventnn prescribe the qualifications OF voters adopt the
Constitution why might it not have prescribed before
hand the qualifications of adopt it, the lualfca
lions of call the Convenient The people
authorized the than the other and the Legislature hat
power therefore, 10 do either The political power Of ne
State is in certain body of the peopehe under tn,
present Constitution II that power is given to others, il
be DONE either by their direction BY violence he
existing rights Then authorize for members
of the General Assembly, vino is not authorized 10
der the existing Constitution belongs the political power
OF the Stale and that power having directed suh
render of ts prerogave If il Ia taken, it must be ken by
vioence-by revolutionary acton-by rebellion.
To authorize man TO say, al the polls whether he vii
have power not ia the TO give TO him directly
for who ected power Such authority is only in ht
political power OF the State itself; and the assumption o.
that authority by other power than the established po
itical power Of the Stale, is treason to the State
The people ought TO look 10 thus prenon of their leaders
and rcpudate IT, beturc becomes precedent which, in al
ter times, may work great public evil MADISON.