Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1851-06-10

one or more additional delegates to any county city or
town or district so that none shall ever DC allowed
Nose than four delegates; and may reduce the number
of delegates which may " sha bo allowed TO any couh-
~ civ or town to which than one delegate may
il, hn first instance DO allowed, that each be al
lowed at least one; Provided, that tho number OF the
house of delegates shall exceed one hundred and
fifty"
This is the whole of Mr.. Leighs proposition for
promise and what is the principle but that of arb
trary rule which results mine docs in an equal COM
bnation of federal numbers, Tor the white population
with tlree-lhs of slave population added on The one
side and the pure white basis the other. The
able and usrious John Marshall Chief Justice of the
limited States who was also representative vf tue
same district that have the honor to represent i'll
part wa, also COMPROMISED, and COMPROMISED upon
the same principles that Nr. Leigh proposed OF federal
numbers and white population combined. Bear with
me gentlemen of the Convention while read to YOU
what this great and illustrous eastern said upon
that occasion In replying to Mr. Campbell of Roanoke
on the same day that Mr. Leghs proposition was pre-
scented, he said;
"'rhe gentleman assumed too much when he said the
question was decided 1t cannot be considered, deci
ied till it has before the house. The majority is
TOW small calculate upon certain in the final dis
CUSTOM We all uncertain to the issue But all
know this il either extreme is carried, ii must leare
round in the heart Of The opposite party ,rhic rH se,
and rankic, and produce kno,c not ,ctm mischief
If it would produce this effect then, when the east had
what must be the reasonable aud natural effect now
when the west have nearly 100000 white population
more than the east Judge Marshall proceeds:
The only difficulty is, whether the compromise shall
be effected by applying one principle to the house of
the principles and applying them i'll the form
both branches OF the legislature incline TO the lat
Ter opinion. l do not know, and have not heard n
sufficient assigned by adopting different prnc
pies in the two branches. Both the legislature of
a, tx h, -
principles there will DO just the same divisions between
the two appears i'll this Convention it eau produc,
no good and fear may produce more mischief. 1t
will be said one branch is tho representative of one d
vision of the State and the other branch of another d.
vision Of it. Ought they not both to represent the
wholei Yeti am ready to submit TO such al arrange
meut if it shall be the opinion Of majority of the
house If this Convention shall think it best that the
house of delegates shall DO organized in way and
he senate another, shall not withhold my assent
Grc constitution that ri be received 6y the people,
constitution IN mhich can consider their interests dul,
represented and wW take il, MouM it may not be thai
im"st upprore
That is the language you might have expected from
the head and heart Of such man John Marshall
with heart as pure his intellect was hrigt-with 3
patriotism cqualed by his virtue and simplicity Of char
lc.er. Sir. he COMPROMISED; he wanted a con
,tuon that would be received BY the peope-oue
that would take of all interests and lie was CON
tent though it might not he such ho would most ap
on this convention or on the people lie continues
1 while agree in the main to the proposition offered
BY the gentleman from Chesterfield, there are some
slight objections to it, 1t is not perfectly equal if yo,
take the census Of 1870 as the basis of representation
have proposed plan to be laid before the house but
have made calculations as guide for my own iudg
ment going to show what the apportionment ought t.
be the basis he has assumed. His ground is that ht
ratio ought 10 De exact compromise Of the principle o.
the chife population, and that Of the federal numbers
The whole white population being 603,Osl, aud the
house odclegatcs consisting ofone hundred and twenty
SIX each member will represent i,79l white persons
The country west of the Blue Ridge l33,10O will BE-
entitled TO twcntv-scvcn members and large fraction.
have, therefore, allowed them twenty The VALLEY
containing III ,o9G white persons will be entitled t.
twenty-five members. The country between the Blue
Ridge and Underwater being 1886 free whites will u
entitled to thrt" nine members and large fraction
therefore allow that rt of the State forty delegates
The Underwater country containing 5l5l7, will Ne en-
titled to thirty delegates This will be the ratio taking
the free white population the basis
Let Us now assume as the basis the federal NUM-
bers The whole State contains sos COS federal persons
Each member, therefore will represent 5,03l fedora
; persons The western district, containing l4sl47 o.
such persons will he entitled to twenty delegates Tn:
Valley containing l4a,0s3 will also be entitled totwenty
delegates: The middle country containing 3300o5 viii
be entitled to forty -ve and large fracon-say forty
six. Tic Underwater country containing 2S0,6l9 will b.
results Of the white basis and federal numbers, and
divided the amount by two, which gave me the follow
ing MS the average of the two rates:
For the Underwater district Fl delegates
:" Valley esis-say "a
" Piedmont, 431&-say n .
=" Underwater country. SO
think if We do adopt exact compound Of these
two ratios, we ought to carry the principle through
and take the above number, unless have committed
some arithmctical error it is possible may but think
I ha va NJ Tho prncDle thrn 7
misc that the apportionment Of representation shall
be made according to exact compound Of the two
principles of the white basis and of the federal numbers
according to the census of 1920"
1t will thus be that the only difference between
Mr.. Marshalls plan and the plan of MIR Leigh was
that Mr. Marshall gave to the sAleghany twenty
four delegates, Mr.. Leigh twentysix To the Valley
MIR Marshall gave twenty 8lr Leigh twenty three
To Piedmont Mr.. Marshall gave forty three Mr.. Leigh
fortytwo, and to Underwater Mr. Marshall gave thirty
.ix. Mr. Leigh thtyfve Mr. Marshall took the census
IF 1870, Mr. Leigh conecural basis Of 1929. Mr. Mar
shal said:
take the census of 1920 preferable to conec-
tural basis Fit produces injustice, that injustice vii
be Temporary and of short duration The proposition
Of the gentleman from Chesterfield, which has my per-
feet Appreciation with this exception, allows an nnle-
date increase Of numbers to that part of the State which
must suffer by the Census of 1920"
Mr.. Leigh explained the ground of slight difference
between his estimate and that of Mr. Marshall, and he
said he had allowed two to the western district,
being resolved to guard against the influence of his own
partialities.'
Mr.. johnson Chapman Johnson) expressed his lively
satisfaction at seeing the gavest and most experienced
members coming forward with endeavors to bring this
most veXed question to an amicabe issue"
:; Mr. Sanard insisted the advantage of adopting
this basis giving permanent and fair rule of repre-
| sentation.'
| Mr. Madison said:
at is sufficiently obvious that persons and property
are the two great subjects which governments
to act and that the rights of persons and the rights Of
property are the objects for the protection of which
government was instituted These right, cannot vel
be separated The personal right to acquire property
which is natural right, gives to property when ac
CURED, right 10 protection a civil right
"Ihc essence of government is power-and power
lodged in human hands will ever be liable to abuse Iu
monarchies the interests happiness of all may be
sacrificed to the caprice and passions of depot In
aristocracies the rights and welfare of the many may
be sacrificed to the pride and cupidity of the few In
republics the great danger that the majority may not
sufficiently respect the rights of the minority"
In another part Of his argument Mr.. Madison pro-
! ceeds
ITO come more nearly to the subject before the com.
mittee viz tLat peculiar feature in our community
which calls for peculiar division the basis of our gov
erment-l mean the coored Fart of our population It
is apprchended if the power of the commonwealth shall
be in the hands of majority who have no pterast in