Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1851-02-18

officer. Then do you restrict it an individuals How
does tins matter stand The people say to man, We
desire some to perform the duties of agent in
the executive department for four years, and we will
give YOU salary Of five thousand dollars TO perform
duties for us during that term He accepts il, and
at the end of that term he proposes again to become the
peoples agent. He has ceased to be the govcrnorhe
has no claims upon them. His contract is at an end,
and he himself comes to them just as any other mem
her of the community Then does he have any right,
az an individual. to an electioni Certainly not No
man will claim that have right to force the peo-
ple in republican governmentthat 49, the mighty ag
gregate Of the peopto take for governor amy ndvid
ual whom prescribe Then whose rights are left to
restricted but those of the people, You make
strction and it must something you would not
put it in Your constitution. Then whose rights have
You to resrict Suppose the governor has rights Sup
pose that fact governor, or as individual or AS
both he has rights and that among those rights if UNI
restricted would be the right to offer himself for re-
electioni Does not the fact that be may offer himself
for election presuppose the right of the people
elect hml Then you put the restriction only on tn.
ground that is general restriction upon the governor
the people for the very right Of the governor to
offer himself to the people for reelection pre-sup.
poses the right Of the people to elect him What
thwart the right Of the people. And believe gentle
if they will look at the subject directly fairly, and
candidly will zee that they cannot claim that they
not restricting the rights of the people And the very
next position which they take shows that they
strctng the rights of the people is proof of it, For
the breath has scarcely passed warm from their lips in
denying that ey taking away from the rights Of the
people ut ALL when they tell us what have assumed to
be their second proposition, that they have right 10
take away the rights of the people and that this case
iustiiable instance of their exercising That right
With these facts before them and constantly reiterated
before tho committee why will gentlemen the
poston that they not restricting the rghs of the
peopea With due Difference must say that regard
rs sailing under false coors Now If you really believe
that the people ought be restricted do not say that
YOU are not restricting them Come out like men, come
out like my friend from Fauquer and say that you have
the right restrict the and that You intend to
else that right You may give reasons for it. and am
willing to meet you upon those reasons and here an
compelled to notice few Of them which have been Of.
fered not at length, but simply by the statement of
few opposite which think will be regarded as
automatic will here state, however startling it may
be, or however radical it may to gentlemen that
against any and every restriction upon the people
and although admit that they may possibly restrict
themselvestha they may say they will not do thing
and may abide by that deciaratoll-s say that it il
always wrong to restrict the rights of the people Aud
am prepared to show, that of all those restrictions
which they have spoken Of all they rghtfully clai;
to impose is restriction the government and not
upon the people. Now how many restrictions can yea
impose, the peoplel have looked over the whole
ground and able to conceive that there are but two
of restriction that dare to think of pa
cling on the people And one is this very restriction
the choice selection Of candidates for office and the
other restriction upon the majority of people from
'renching upon the rights of others. We all acknowl-
edo it to be true doctrine that nil power the pco
pe-t not sovereignty not only from but resides
with the people, and that the sovereignty cannot he
transferred from the people In our federal government
the people, by press grants, have carried ont portion
Of that sovereignty which is designated by distinctly
marked lines, and placed under tue control OF their d
l.l, l,,a 0f fha pu-ar ia ypI
to themselves. A portion OF this power thus re-
served to themselves they have delegated to the
State governments, and the residue they retain as
unappropriated power which is in themselves In
the federal government the people have specihcllv
designated every grant OF power because there they
can do it. The nature of the duties OF State govern
ment are too indefinite Tor such grant. And there
fore for convenience the grant reservation of powers
by way of exception the people instead of putting
it down in express terms The people who do this, are
the grantees their agents They do not transfer their
sovereignty any tme then but transfer the exercise
OF the power their respective agents the offices If
the government What then these restrictions that
proper to be put in the constitutional constlt
ton understand to be contract between the sovereign
and the Individual 1.-THE contracting parties) setting
forth the number and kind of representatives agents
that they choose 10 carry out and exercise the powers
which tLey intend to be exercised by the particular gov
ernment which they creating. understand that the
restrictions that proper to put IN constitution are
these: fair declaration of the inalienabe rights OF
man, il the first place; for all power does not reside
with the peopleno government earth has al power
There rights which secured man, which
cured to him between himself and his Maker and Of
which government deprive him. Then, fair
declaration OF the inaenable rights of mea aud
servston of those powers which the people determine
that they will not exercise that they do not profess
and may exercise at any moment they choose to do
it. but which they do not choose the particular kind of
agents which they forming shall exercise That
all No kind Of government which you may form there
will be certain descriptions of powers OF the people
which, from the very nature of the circumstances they
will be unwilling to trust to any agent and they
these powers to Themselves Another species of ressr
walton is that although the people may trust their
agent with particular power, yet they will not permit
him to exercise 1t except in particular way and they
direct the way in which he shall exercise it. Another
kind species of reservation that their agents shall
exercise it b. thirds vote, or by greater vote
than majority by unaniSlous vote OF their
agents Now. all these things restrictions. BIT
they are restrictions upon what and upon whom: Is
1t not upon their agents LOCK over your constitution
and examine the restrictions that have hitherto been
imposed, which proposed and show me- a
single except in relation to those inaenabla rgts
which contained in the bill Of rgrts or those which
appertan to the selection of officers, that applies to
the restriction OF the sovereign rights of the people
ihey are restrictions upon their agents And say IN
equiSocally because will detain the Convention 10y
eharghg upon it--tha it is perfectly demonstrable
ana clear proposition that you ought to restrict
the rights OF the people and that you cannot with any
proPrety do SO government Of all is made for the
good OF ALL The public opinion as expressed through
its agents. for the time being the law Of the land
The people cannot speak except through this organized
agency so long the constitution EXISTS bit IF they
choose to speak, no human power eau prevent them
And it is useless to try. for with their very breath they
determine to exercise they will blast to the winds the
restrictions you have placed upon them Ii j. not ony
useless it is wrong. This s in short the position
which take with regard to restrictions on the rights
of the people. l. of course, will be compelled. when
come to other parts Of the propositions speak Of hose
exceptions which gentlemen think we are willing TO
make and will answer them without equivocation OF
hesitation. We are told that estopped from dc
nying this restriction upon the rights of the people, be
cause forsooth we are willing to make equal and simi
ar restrictions upon the rghs of the people, AMI that
debars us from asserting the contrary. Now let
what they have proposed that s in the character of
the prohibitions which we intend to make. They tell
us that we are willing to make an exception against
aliens Now with regard TO aliens will simply say this
that the people have right to elect an alien, and
therefore ws do not restrict their rghts BY the law of
over its subjects and they under the power and
protection Of that sovereign go where they may whet-
er to thu country Or Any other He owes allegiance
- onj yyould he violation