Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1851-04-29


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>ttuton Of that country, whatever it ma, BE- h,. !.
tue control Of Ike power Of The :nvernnen in its hatG:
SIR WISE. Then it is tie legislative majority.
Mr. LYONS. should not think So
Mr. WISE. What Is ii thaHi
! Mr. LYONS II is that power which controls Il.
legislature, because hc Legislature is but the ac:n!
the governmental majority or the ro~er. define it n
you ma But suppose the original sense in which il i
mere spoken of when you refer 10 the cnrcnne nta
ma oriy il that il is .hat power rEicr the eXsin.
government which has The control Of The government
| Mr. WISE. Now is not that enlightenment. Laugh
teri Who is The wiser for that than 1tl":;
it was given IS not that honeyiusGli'ig answer
| Laughter And from metropolitan lawyer too. !
reminds Of the question and answer in work OF
chemistry, which sctoo: ,..ssrs read now. No, meal
~hich they used 10 read. hope thcy do not read !
now. Why is glass transparent: And why Is ana
stone or that wood Opaque The answer is OWE:
to different arrangement OF the par: clc, Laugh
ter Now who understands what i ne difference II
the arrangement OF !hc par:ie., - Vow. am SURE
the gentleman will pardon when say la, 1t j. ii'
absolute nonsnse, ard absolute want OF ."risor w"li
enables them 20 obfuscac this subject and non T-:$is
this body. Laughter. 1t is nothing esse. Now. the
American theory Of government is this and DO not &C
10 donteSqcn Locke for it. ! vii! 10 to the c.sa,
Of the American revolution, the doctrines OF tho
Supreme Court OF the United States those OF oui
great which express the first enabodiments that
know OF now, Of American principles, c0ntradcli!-
Blackstone theory vi :ch Iri"rc, iir supremacy q
Parliament Nov, whas 5 Inc American doctrine as
conradstinguislcd from he British government q tbs
lint, not only in respect % monarchy, but i!.s pv"cl
as; Legislature II i, ths. IN England the ls.!a
tn: .,;>.r is power, the power-of para
nj: u. I'D Fl. sc ,o;er n America The Legislative
poyt +, = tive power, and is not supreme.
but a subcc po'>G.' and to whom The legislative
pow, n every 81: nj North America that | know
Of is pI' IN aysn re slre7egn people ct the polls
and tie true thcorv. American theory OF gov
ern ent ut this d is, that the governmental ma jori;y
OF In '.egisatr hall correar pond with the sovereign
ma joi.y Of the people And when you talk of go"-
crnncnta ma jofty YOU mean majority OF the Le@S:-
atnrc, wr,ch Legislature is nothing more nor less than
the delegated agent of the ign people Al Inc polls
Now what sort oi limitation guarantee is il that
gentlemen contcndng for here 1t is not one that
hymas Jefferson or James Madison commended for.
lcf. the authority TO be shown thai any one of the !c"I-
inr adyurats Of American principles aGranccd
which supports the guarantee now asked Tor. II WIS
not in the last contention that il advanced. but nos:
is the first time that il has been promul. gated Now.
what have the American people asked for in the con-
stuol.s which they have formed A constitution IN
Itself Is nos. ag but guarantee limitation; and
linltlt ion OF whom: Ii is certainly limitation OF
tic sovereign. not limitation of the people, mean
Of the sovereign people and not of \. and in thc:
Individual capacities but that great political corpora"
ton called the sovereignty. That corporation, BY CIR
theory, il vested il what is cai,4 Tie people, who
speak by those who represent lncm. Now. that great
pntc: corporation that We call the people, thai
reign that call the people, that political being dis
tingushcd from the individual being nf man ;.n.
man that call the people, that sovereign, that cor
poraon, that political being appoints and constitutes
an agent And the meaning Of - American constitution
a.; this day is that the Whole and Ill its parts shall not
be limitation o. the N Itself Tor lie cannct ha
limited, but il is a limitation Of he agent limitation
of the municpa government thar is created \ the
agent The sovereign prcscribcs thai the Legislature,
lie servant, shall so thus far and farther in icris-
lalio II defines the competency Of tie le.;' alUre :.
but not the competency or nc0mpntencr Of the sovc-
reign people II Incs not pretend TO limit the people
b, To limit tnr agent. 1t limit. the Legislature,
il limits the Judiciary A. for example says to he
judiciary, You shall try 10 n'sn without furnishing h'm
with an Indictment without enabling him TO have an
opportunity Of summoning witnesses, without con
fronting him with his arcuscr. 1t says you shall make
no seizure of pe"son property without ralTant Justly
had and obtained, tina; you shall always grant the writ
oi haJa corpus: and 10 the executive, it defines and
limits his power and says thus far shalt thou 80 and
farther.
Now, what sort of limitation do these gentlemen
ask: Mr. ItExRr A. WlSE is prohibited by the law
from doing wrong, and is Mr.. a. Mr.. b, or Mr.
c, ia individuals Du the sovereign power OF The
State o: Virginia IS not limited particle by the
,onstitution Blu. this is cxacty what you propose to
do You propose to make the legislative Department
OF the municipal government limit and restrict the
sovereign power, the people. You constitute mac:-
ty at the polls aud then yon wish to create counter
ma ory TO that majority to check it in the egslar.
body / will show now that such limitation as thai
was never before heard Of in American law.
Mr. LYONS. May be allowed TO ask whether Il
cons; tutona restriction is not limitation upon BE.
peoplc "a much rs it is upon the Representatives of TIE
pcoplcl
MIR WISE. Is it possible that have TO explain 4 i.
C. to nv friend that have to spell 'appc pie 10
him. on constitutional law. The idea that because you
have Representation in the municipal partment 81
the government it is limitation upon the sovereign
power when yor constitution OH its face tells lis thai
the sovereign people maj alter and abolish IL Al the
pleasure
Mr.. LYONS. Il not that constitution while i! last.
as much Limitation upon the people us II is Upon the
representatives Of the people;
Mr. WISE. What does the CERT cInan mean hy {: e
people: If he will give definition !Aal can TN
dcrs:and will answer him clearly. If he moass is il
Limitation upon the sovereignty Of the people rs .
political sovereign, answer, no! and that is lcss.
I learned in poc: law when boy IF nc n:ks IN,
if if is limitation upon d as individuals. ur,
enc individual four individuals and acting pon them
"A persons, | will answer him diifcrcn.iv because III
term people has two or three s.cnitca ions. The cor
vcnticnal people arc the sovcrcics OF The State ar
the constitution made by the convcntn,.l soyernirn
that is the qualified VOTERS made expressly to rD;,
the individual people, but it never made to balance
or check control the sovereign poop all. What
are guarantees but limitations: They have no OIL,
meaning or Specification whatever.
But the gentleman asks suppose he vas TO 20 to =
blacksmith in Richmond, and ask him, are you wil,in
that any body other than yourself. other than ys,,r
equals, your political compccrs. and those alike intc
rested with Yourself should tax your property wh,t
would be his answer; my, undoubtedly if the black
smith is intelligent blacksmith be will answer m,
a. "o willing =" DC taxed without representation,
ID cti,: rcrr; ,:t!C Does not that plead the case
al :ns@ay i llea ,lou al for the West? Here
ar, .,;l!.'" people, with q majority Of the sove.
reign power tie polls checked by their own agcals
an ~ arts, and allowed to levy the taxes Gcon
the ra..ority. What IS ii that propose to the black
smiths: Why, tial Ne are all in ihe same community,
we are all partnc", We have n homogcniety Of pro.
prrts md we have identity Of interest. even il We
are d.. idcd by mountains. There is back country
that is striving 70 TO the country, and We
have country which is starving for commerce
and nothing Will build it up but this back country o
the wet. We will ask the blacksmith WHY it j. that in
the narch Of progress Virginia remains stationary and
will tell him that il is owing to the fac: that on,
man in the is nndc equal 10 two in the west. Bu
my friend will honey-fuggle the blacksmith b. telling
him, why, my good sir are We not ali eqnal !ii,
docs not the man in Tic e.s ard the west each vote In!
once" | asked my friend question this morning
which will rcpca. 10 him now: What is vote word
when il is forbidden hy la iro: acccmpl hing the onl.
purpose OF aiFragc, that Of securing representation
Whr TOLL hat the apluiI;. If