Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1851-05-27
..,--, ny,.rth Page.l

thoso composing it. AND this Is the rule winch the ~
lnstr;ous trainers OF Of rights have IN tina,
strument prescribed oai guidance ms or;tv
xya claim from Tn. c,,,p.v, ..ent OF the term
in the bill of rights did not understand the
from Fanouier to gansay But other gent'e''en &c
denied it. and have attempted by an section
argument to attach to Inc word "maJor,. ~ ,ds Of
which venture to saw never entered in,o luz Aunn
tbar great Ark Of our liberty Among
+hoso who hove thus argued was the ge"ten''t, ~
Norfolk county, (Mr WArTs who IN Tue r,ors
- earnest and impressive DISCOURSE af
than usual pains in an ehoi. :" ,aor;tr was meoit
~ nretenson that BY the word ma]orlty vas n.N
tue 80 no neopIe To succeed in this effort ne as
maloi 80 ~ order to maintain the proposition that
a;o;tv, meant majority OF the people, II mus lesu.
~ 90 az and natural corrollary from ither that cus.
" ~ The equality of men, or the one affirming !ia
asn noIer is vested in and consequently derived IRON"
az sonlen Now it happens that we are not eit 70
dednce this principle by way OF corroiary from
ono of those clauses, but We iini It set fot rs u
tinet substantive and separate pfoPoiit rno,cn
;n-;tr of the community hath an nduoitaoe' uullen
h and indefeasible right reform ana 'ltar 'ie o
ston in such manner as shall be Judge most c1''.
Eve To the public veal" Here then Is 'he Pr'Isis 81
.+h rnon the face Of the instrument anu ~ i'usu"s
-. +bo ;n,nort of which cannot Wen see no" t'e'.
aooae -. a;arence Of opinion As the gentleman from
gan Is hrerer seems fond of the reduetto Gd absuraW
- IS arpument will subject his Leading ProPOsi
tions TO its test and see how they VIII oe hl
n.sn,an maintains that representative power shouo
ee, =; ,ort from taxation. Where does ne loon u
90 III, nripciple2 II is not set forth IN the D o.
-;sht. It must therefore be an inference from som.
30 of the expressed doctrines OF that instrument Lea
us try ".M power Is vested IN Ssass s 1rrarcnre
"a Consequently derived from the people inference
no - Gentleman would say, corrollarv, nay the power
f q Is;sJafiou must be derived from TAXATION an e
IA natnral deduction! But again Inc OH OF r'sl.
afirms that the maorlty OF !he eo""y
sn. minority Of the people have the right II the
a majority Of the taxes These look Ike gross IN
ons;stences and yet they are the inevitable cohseueh
es Of an attempt atx meaning to language d'ef-
-. from its obvious anil ordinary import venture 10
rsdc that even after all which has been said here YOU
tole this bill of tights am ing the Ao est minded
non,roon sense plain men OF eastern Virginia ana una
on win not find in one hundred who VIII READ u u
tha manner in which 1T Is proposed 10 oe ieu y W.
Ine from Norfolk and Others OF this body CA
m ,osshle that we have been for so long Time de-
~ nd deceived as to the meaning OF language !
tlueo Inrtinr within the folds of this apparent,
-; and simple instrument principle when de-
and DESTROYS the great majority rule upon whci
lel'1 go so long depended Did the trainers of thu
notca formula seek to disguise its doctrines b,
80 ,sa nf rorue or mystical phrases. Better would
hvo been they had ATTEMPTED no declaration OF ou
- ,bs than to have furnished that which would become
the subject of conflicting construction. Ana better nov
orld i be that we should tear it from our constitution!
Souto cuff Il +, remain as "a wretched iummary OF
deceitiIl protestations
I,ut apprehen Alr. Chairman that this stra'ne"
.srnretotion will not be insisted upon by our friends
81 tbe sas generally. The gentleman from F;uqulcr
|,, Scorr avowed his high reneraton for the iL>tr,
ant and declared that he regarded any attempt TO adj
o shrract from it rs having ether effect than
Jform ts proportions He at least admits Tia; 1t n'ei
that il saws Yet, haring made the admission, IL
eeLs 20 avoid the consequences which We would cli:
from it. by maintaining tfaf the con'"cation OF Ia
hodv was the resul: OF the action OF majority OF the
.oa,a and that no constitution which We may franz,
IN hccome the law Of the land but b. the ratification
~ th;s same majority. The majority, he SAYS has re
solved 20 alter their fundamental law ana 4 MAJORITY
will ratify he alterations when made tins DodT
There i something at least. plausibl. in tr.s preea
sion bu shall undertake to show that there Is mo-,
msh, veil s h 6Snt ppen RsS
"a Nv he will of majority, that that majority / NJ"
fully represented tuis floor; or III other words that
,snrtv OF the delegates here represent nnorit; Of
4h. nsnole-the voting people Of this commonwealth
hare reference this fact alone seems to me to be-
comolee answer the pretenson But there ano'e'
,ood ry which We may arrive ut solution OF the pr
hisn and am happy to announce that the gentleman
himself IS inlcat ID what that mode Is In tn. courst
of LIE very able remarks which he submitted ne tooh
occasion to say that whenever changes We're TO e mad
in the organic law such chd IS Shnud focscd iron" III
sJ;byas cud urcosrdi,d action Of thoSe mho
IN. ,,,ryns outhortp LIT then try the question b
chi. test Let us whether in volt OF this Con
v.n.rp or in the event OF tltution being frame
in cordance with the views Of he gentleman troi
Fauuuer AMI its ratification b. the people, it 10,
repar,id as the deliberate and uncvnstrQin.a ACT ion
majority Of the people. We al agree that the coi>t
1ption under VIII Gu living is in n,anv i.
features anu especially in respect to that feature whl,
il now the subject of our consideration, entirely
sut ed TO our condition and to orr notions of free
equal government. All anxious to be relieved of
II ia set aside and in lieu Of another is proposed
highly objectionable, but still less than the one
under which we have just labOred We told that
". must either take it or fall back upon that 81
l,,,o h
Tentative between that which is bad and that which i
worse Ne take that which is bad merely, and ar.
then told that in doing we have exercised our free
deliberate aud unconstrainsd will Is this the
strained action upon which the gentleman would make
all changes depend
Suppose, sir, that in seeking to place myself in
situation Of and comfort, should apply to one
who has the power to promote my desire, and he COM
pcls me select between solitary confinement abur
in the work yard Of the Penitenary, and should
ADOPT the latter alternative would be fair to charge
that did so of my own free and uncou>trained will
Yet this is but simple and fair illustration of the po-
stion which piaced and from which the gen
tlelnan will claim thar whatever constitution may be-
ratified it will be one in accordance with the will OF
majority Of the OF this State Now, far from
beng disposed to the constitution which Is likely
to be framed by tins body emanating from ma
iority of the people shall Look upon it as work re
sultng from the exercise of an unauthorized IL not d"
usurped powe upon the part of the mere agent Oh the
people. 90 not take upon ny SCH ~ 'aJ '
Legislature may not provide by law for the call OF
convention; that it may not by all proper
aft rd facilities for giving effect 70 the sovereign VIII III
reference proposed change OF the fundamental Ia"
bnt do affirm that when that department OF the gov
ernment assumes TO itself the prerogatve of organizing
q convention of the people, SIS to throw INTO that
body majority Of representatives from section OF .e
State embracing minority only OF the people Ihat
is an unauthorized exercise of power that instead OF
acting in OBEDIENCE to- and in furtherance OF the VIII OF
Sto -
will that instead of acting in subsection TO the sovereign
will it assumes the control and direction OF inc soSe
reign power. This is what call usnrpatlon. onuti
our system the people regarded as the source oil an
mower The government enlanates from the people
and under the control of the people They can change
alter or abolish it. The sovereign power makes the
government. but the government can never make the
sorerepntv This is our theory, at least Yet, what
becomes OF it under the operation of the power claimed
fo the Legislature to organize convention upon what
ever bass may seem to it proper 1t is not bound say
the advocates OF this power to look to the Will ct the
maio,ity 1t may orgnnze convention regardless OF
thai WILL and in such manner as to eectuae its views
of constitutional arrangement This may be done by
constituting new class of people the sovereign body,
and thus we have the anomalous exhibition (for this