Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1851-03-11

tcncies they are involved WHOM they attcmp. TO orsc
representative system upon the principles which they
coniendto be theprincipes exclusively appropriate TO it,
pass to tho next clause referred {" Is the other side
All power il vested IN anl consequently derive from
fhe people THIS has l;tia or n" Application /" the
s;hiect. nigh. adult nil that is conte nicd fr-t::
power Is derived .:trl majority Of the people and
yet the Question in what form shall That power be or
sa.,zed III whose hands eAtru,tcd, would still remain
unsettled But choose to state my view of This
principle in the bill OF rights gentlemen can take it for
what it is worth. Whence is power really ,icriycdl
Is it derived from the parties TO the social compact
And who those parties? The individuals who con
situe the community people, and it in this
that all power is derived from the people On entering
the social compact each individual srreudtls portion
OF his natural rights and privileges ana from these In
diydual sources is derived fund Of power TO be
Ip!oy"d for the good of the whole. 1t is only these tie
rived powers that any human agency has any st night
TO exercise deny that there any prerotiyc power
here do not the word prerogl,ivc III III.
sense oi the English Common Law, o!t IN the mere en-
larSed meaning ascribcd to it by public writer's Pre-
roSativc power Is the opposite OF derived pwer II is
not derived from compacts constitutions or laws, bit
above them and il claimed inherent in til. party
ercsng IT, Ii is power having its foundation not in the
gift of men, hat in divine right, understand gentlemen
20 contend that there such coatlve bowers here
and that they belong to the ma ority OF the community
deny that any man set of men have the right to cx
crciSc any power any individual which j nut de-
rived from the grant of that individual drcct int
rccy. By entering into the social coliact IL con:erS
upon the community thus formed the powers
t, accomplish the purpose Of the social compact, the
formation of government the establishment Of const
tutional compact that supersedes the social compact
While the community engaged in accomplishing the
great object Of the social compact the establishment, ri
government, the community acts anasScmblv, ana
OF course subject to the rule OF necessity appvin.
to all assenlblies-that the will of the majority sii:
represent the will of the whole This is power derived
from the parties to the social compact BY the conditions
IL ii
social compact accomp>hes is object AMI is merge! !,
the constitutional compact; After that portion al the
community have right TO am power not granted .n4
delegated II the coI tuition 50 long The constitution
mas valid obligatory existence tine majority have 4
light 10 just What powers The constitution ..ives then
and 10 no This view brings US c last clause
in the bill Of rights which gentlemen have recitcd j;
support OF their position Government Is OF II -
be instituted for the common benefit. protection ana
carilv of the people nation community vi Il: the
riou. modes and forms government i:. is be-; which
i capable Of produrin, the greatest degree oil har
ness and safety and is most ellcctuaiy secured asas
the danger of NAL administration. and that when 60
crnment shall I've found inadequate OF contrary
purposes, majority of the community hath l,'"h;
table unaenabc and intctcasible right to rco.!i IL:
~ abolish ii in such manner shall lie judged
,lucve to the public veal This clause states the pro
per objects Of government, the conditions 'sic. Ac
constitutional compact Is catered into, and asserts ,
when these conditions violated the constitution i NJ
longer of valid obligation ami The commuay r. "
from obedience it. and rcyer-, bac 10 Their r.,'
der the social compact prior To the institution If avci-
meat IL asserts power of the or:y the cnt'
tuition long Is il Accompanies the objects ' il
was established an,! upon the continue" performance q.
.hc! the obligation Of the people support drea!
The power of the majority does exist under II"
s;itut;on but springs up DULY when the valid cAe'H
the constitutional compact has ceased IN consequence 9!
the violations Of the conditions iupon which i,
: tered INFO. The community, repeat are acn and not
until then restored To the condition of the social
pact. and must act assembly 10 accomplish
the object of the social compacthe institution Of 20.
urrn'en: The ma oty here have thai authority wli!i
tie general rule cf a.! assemblies gives TO TIE aaori'y
Even asIcr this tho "'ino:; noi bound 1T acHacc
III" government .icss thcy express ticr ui!>-
sion to it by continuing within It's jur, icton i.,,,c /
.aav allowed 10 remark here tia; tn authority Il tie
majori;yo oil assembly To represent the "hne pc
cli.ir democratic assemblies. Ii is the rgi. al
sity which the ..cacial Vi mankind apple
assemblies generally. Ii was mach the rGlc 9! III.
tirecn councils of their popular assemble. .:ch
rule of the Patrcan senate 1T Rome of their popular
conviction, much the rule OF the English house % Lords
n Of the house of commons. Il is only al fte
uen. operation in democraces because suck yc essen.
tally governments b. assemblies The authority ol the
numerical msority of the whole community cny cones
into existence when the community Assembly.
respectfully submit that the right of the MAJORITY 10
.ercscn; the community upon such occasions
the eaia. principle intended 10 be -olcmf.y
in this clause of the bill Of r.it-. The right inter r
10 be preserved and consecrated there tn. RI n. -"
n. community to withdraw its allegiance oal e co.
crnneit tina, had violated its trusts, aud "a Substitute
new government for il. 1t Wa the right wiis!
cesto.s had exercised in the days oi the commemorative
and again in lGSS, and which the people of VIRGINIA
We're exercising nj the very time that the bid If ri hts
was framed have looked 1T the declarations OF ,5
preixed about that time to their constitutions b. o,hrr
states and find that the precise expression II
the Virginia bill Of rights, but al th- r-'.t -
belong in general terms to the "pco?!e, ">ocietg,"
/ community.
/ ask gentlemen whether a cotemporanoois cxpo.i-
ton not the best exposition in law ask YOU Il iosr
men who formed this bill of rights, who inserted this
assertion Of great fundamental principle III II, d rot
understand what they meant quite as well Is 70" un-
derSand what they meant. Did not George Mason.
the author of the bill Of rights, understand i, wei
yoa Did not the gentlemen who lived in his daJ I'M
dcrsand that doctrine as well you who live this
day; Was not public attention the time peculiarly
attracted this particular doctrine the right of the
community to reform the government: Why, that was
the very right which they had just exercised III each
one OF the thirteen States OF the con!cderacv II was
right for which they had been willing to sacrifice
life fortune, and the establishment of which, after
passing through many scenes of trial and blooGs"a,
they finally accomplished. There may be other prc
pies which not understood nj that day but re-
peat that this great fundamental doctrine had been
serted and exercised in England period not .cr,
nf; anterior 10 that, and was well understood ii hat
oas .. all American politicians and statesmen. | ask
YOU l" look AT the constitutions throughout the couurr
orned ny The men q! that day. and assert that vo,
viii not Ind one solitary American constitution hat
attempts 10 carry INTO practical operation this oc!.e
ha' majority cl The legislature should be elected by
counties containing majority OF the people IIcrc is
the book name one constitution which does This aud
will dispute it with the record There is moi on. in
which this great principle for which gentlemen arc now
ready toconvu!se society is 10 he fou4d practically en-
forced. Well, did the Virginia constitution carr, il
ou-anI it formed BY the very men who formed
this bill Of rights Why, they gave Warwick. with 4
population Of some five hundred, the same reprcsenta
tion the same control over the legislature that they
gave TO Culpeper, TO Berkeley. and 10 !.oudoun =
counties each containing from fifteen 10 twenty t.ou
sand population Will gentlemen tell me ,ha, tha,
constitution was but temporary expcdcu,: II tLcy
will say that the declaration is war ith the Char
acter of the constitution itself; it contains provision
looking the indefinitely future operation OF that yer
principle of representation: Why. they provide in that
constitution that if at any future time, any city Shall 50
decrease in population not TO contain mou,; Of
population equal to that of one half the smallest canty
in the State, it shall havo its representative. Thus
here was provision under The hands of these srca men
who asserted ard fully understood the principles