Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1851-02-21

nlars in which We cbanyei and will preserve uuimpar
Cd N. whole frame work Of the social and municipal
fabric that rests upon and is now upheld by IT, I'M
ders,and that to be our object here The gentleman
said he knew nothing about that constitution ana II he
did he would not touch it. 1t had been tried condemn
Cd and rejected looked Mr. Chairman to the very
authority under which the gentleman sits IN this house
and what j. III IN looking III the act under which We
are convened and by authority oi when alone We nave
right to convene here Convention and effect any
thing at ALL find that it begins Ia these words here
as it is represented to the General Assembly of Viz
,ina that portion of the good people of this common
wealth are DESTROYS Of amending the constitution OF the
state &c" Now if amendment nlan destruction, then
the gentleman is correct But will not stop to argue
before this enlightened assembly that amendment does
not mean destruction II MAY mean change but to de
-troy one thin. and to amend or change * another
And would We not be- in i state that no gentleman here
could contemplate withon. apprehension the gentle
mans position We're carried out
If under stand ANYTHING about government, unless
there he fundamental lar Of some sort, unless there beG
or and structure Of government with power to admin
.er anl render il efcucous. deposited somewhere 10
b. exercised there right of any sort, no right
Of property no right Of life, liberty anything else
the strong man prevail. and unlicensed will and power
sc the only rule Sir ii it iii the power of any
vi men To strike down the existing constitution to-
morrow with it would 20 he whole fabric of our in-ii
teton. and laws-with it wou,. - every right that
We hn.d-whit would 20 institutions about Which
We feel peculiarly sensitive III >nEc portions of the
state. In ny apprehension, sir, the gentleman posi-
ton If true admit power IL do thi to strk, down
rights ;ta We enjoy under the laws Of tho municipal
20, crnneLt because they but the superatructure
upon this foundation vi the co,tution-thcy eXiS' with
IT, they are erected upon ii and cannot exist without IT.
it IS this that call r;dcali.m the infinite radicalism
Of The gentleman from Accomac. have always uiccd
- believe MIR. Chairman that live under the procc
ten OF form Of government aud If institutions that
under the control of any majority intend 10
b. understood sir, that did rot act under and by
authority o The existing form ol government aud that
whenever The question # change it, the fundamental
Law L be agtacd that no sci of men, actuated
either by sectional other motives although they might
constitute majority could assemble themselves toscth-
and effect 4 chang" either in the government or
mg right, and security under it, wlth"ut my voice IN the
proposed change through my right secured TO me by The
authority Of The existing law be heard by rcprcsen-
ton in the body by which such change is devised and
commended. These iny opinions They may be vc-
rs erroneous. but such they they are honestly en-
tertaned. The opposite If these understand to be
;ie result Of the gent!enaus position, whether he de-
signs that result nr not And permit to say, have
ll. II much confidence in that .en:cnaus purity .?
purpose have in my own OF any other mans but II
the dearest friend have on earth promulgated primer
pies ha; il nv iidgmcn; lei Ia mischief, mi>chie!s not
only to myself, but tn those in whom feel IN especial
iaerc.i IL we'll - - The whole people uf the common
wealth mas; dclourcc them i must point ont their
consequences must point their mschicts, and warn
to the bet olmy ability those who arc she deepest IN
in The subject Of The tendency q" those principles
.n;i the result. tswci III my opinion, they inevitably
lead
So many positions have been taken in The discussion
II this question, that if examine them all, even
these that appear 10 me to be most important, shall
wcary the attention OF those who treating with
50 much indulgence. | did intend 10 speak more nj
large upon thi, doctrine Of reserved power. very
well understand the doctrine Of reserved power in the
people under such government a. The federal govern
ment. b, do not understand, confess. the existence Of
such :; power when the people Of sovereign State.
such as Virginia have put in the form Of written con-
sttuton their sovereign will in regard 10 the forms and
powers III government nor ho" II Is that they arc not
bound by such government III all.
These are my positions. | think them the proper,
tie only safe, the only secure positions. think tci
arc the OILY positions that accomplish the great end Of
raycrumcat-thc protection Of life, liberty and proper
tythc greatest good to the greatest number lrcpeat
tlcy NAV be entirely erroneous they may be hcrctica,
am sure they arc ant-democratic in the sense in
which democracy has been urged upon this foor-the
opposite Of the principles avowcd upon the other side,
which lead in my judi ment inevitably 10 anarchy, dis
order. and the one man power, or monarchy The
people of the State the political power Of the State,
when they establish government wisely, think. lay
these limitations upon themselves.
! cannot, Mr.. Chairman compete with the gentle
man from Accomac in the interest he imparts TO his
discussions upon this floor There is power of Ian
g,iage which when uttered by gentleman gifted is
the gentleman from Accomac, both il manner and
voice arrests aud leads captive The judgment Of the
audience, when upon principles OF sound philosophy
and political truth there really nothing Of substance
in tie language itself This power of the gentleman
have felt the full force Of in this discussion.
have not risen here to make display. have risen
solely for the purpose Of putting before this assembly
ny views upon those important questions Of government
those principle Of government which lie at the very
fouu lation Of the work in which We are engaged.
The gentleman SAID he would have mnarchcal
feature in this government ri all lie scouts the d.
vine right of kings In this sentiment no man con-
ours with him moro heartily than do and think up
on the principles have already stated He said he
would have preroyatyc power III this constitution.
When we use terms i'll discussion of this Sort il is
well IL understand their precise import ] would
like know il there is 10 he no prcrogative power il
hi, government that We establish What is prcroga-
tive power. What is It's definition. Whether it has
been distorted from its legitimate purposes or uo;,
shall not stop here to argue admit that under the
nanle u prerogativc there have been abuses in the
British government, but ! nm Istcmed to look in
matters OF this kind rather TO substance than to names
brought into the Convention legal work of great
NEUTRALITY-SUSPICIOUS. Abrdgment-in which is found a
definition oi prerogratve and idea given of the
object and uses ct the power oil prerogatyc. Il is Us
follows:
l'rcrogativc il word Of large extent including all
the rights and privileges which follow the king us head
and chief Of the Commonwealth, rad entrusted with
the execution of the law"
It is defined further BY the author to be tho
special re-enincnce which the H.. nath over and above
all other persons and of the ordn rv course OF the
common law, in right of his royal dignity that it Gig
uic-, i'll its ct,mu5gy from pre- and roso, something
that is required or demanded before or in preference to
al this and hence that it only be applied to those
rights and capacities which the king enjoys alone aud in
coraisnction to others, and not to those which lie
enjoys i'll common with any of his subjects 1t is
also said i'll this connection that the nature of the
British constitution is that of limited monarchy in
which the Legislative power is lodged i'll the king lords
and conon> bu. the king is entrusted with the excc,
tive part and from him all Justice il said to flow: hence
ie is STYLED the head of the Commonwealth supreme
GOVERNOR parrs Jdiri,t, DC hut still IT, is to make the
law of the land the rule OF his government that being
the n.c;l,llrc well Of his power a of tn. subjects
Obedience DC.
Some uf the object, Of the prcrogativc power are de-
fn, to he eschcat<. dcrect lands wrecks coins fines
and iorfeitures allegiance oaths writ de erea ycync
exemption from the operation Of the statutes OF nta
ton upon the principle Of nuilun temp, occrri rcgi
the power Of pardon and many others. All these are
subjects of Ircrcgatve power, which power is supposed
to be exercised ~ the king the sovereign Tor the
-,nl Of the nation, and for other purpose 40
oub the power has been abused in Great Britain and
in It's narc by of the corruption Of that govern
hny hear MI IL.