Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1858-01-29


,.o-n dr,irs. and The lefert nf tho Inv, cannot alter
IA. Interpretation of the Constitutions. When inc
Constitution of the United States and the law OF if9<,
require the president OfthG Senate tn act rs presldento OF
tho United States, they make the same departure from
the original mode of election. The west Of the Union
and the South may not get their precise rlHhIs, put
all sections have acqiesced since l792, IN tnose re-
alirernents. The argument ia stronger agains. tne
Federal Constitution than against thu STATE. mere
presentation in the Senate o! the United Ssates'
where little Delaware balances New York. 10 more
UNEQUAL than in the Senate of Virginia. The objections
are stronger against the law OF "2 than the isw Oh
Sand The powers and patronage Of one ONCE
far transcend those of our own State. II ls 100 ia'e
to urge objections sgsiist a principle which has been
sanctioned for near seventy years, IN q government
under which we have lived, without one prac
,icsl evil arising in The whole period. us 10 reioih
no grievance, but to exhibit q mere spirit Oh ihnosa'
ton. By appeals TO sectional power, you may ihcise
prejudice snd create discontent; you may overthrow
the safeguards and protection which ths representa-
ton Of interests opposes to the force of numbers OUT
the victory may prove disastrous.
The gentleman from RDckbridse tMr. MAsSiE)
claims the power in the Legislature to eject 4 Lieu
tenant Governor, because it il coaStrncitUeIy an h'
~semblage of the people-and he argues, that the Lee
gislsture possesses all power not deposited elsewhere
aud not prohibited To il. The successful maintenance
In what manner is the Legislature constructively an
assemb'sge of the people! The House of Delegates
ia q representation of the majority of voters in coun'
ties. and, to that extent, represents tho p~eople-a and
the West has eighty odd members whilst The East has
sixty odd. The Senate ID a mixed representation OF
populstion and tax stion. in which the West has twenty
SENATORS whilst the Eat nag thirty, the sectional ma
iorities being reversed. Every Law must pass both
branches; and in the very organization OF the two
branches, the exercise of power by an aggregate ma
iority, or assemblage of the people, is prevented
That was the very purpose of diverse representation
in the branches Of the Legislature, 10 guard against
oppression from a sectional majority.
There is no assemblags of the people construc.
lively, except in Convention. The people cannot
assemble in u body to frame their constitution, and
therefore, they dtpute the exercise OF their rights
to representatives. in Convention. But this Legisia'
ture ia by no means the came body as q Convention
of representatives Of the people. The Convention
may be empowered 10 alter. change or sbollsh the
Constitution. The Legislature is sworn to support,
maintain, preserve, the Constitution in IT'D true III
tent and meaning. Their powers and purposes are
different. Ii this Legislature possesses the powers OF
y Convention of the people-or ID contructiveiy an
a.selnbIage OF the peopIe-representiug the sove.
reign power OF a majority Of the people, then lie hs
reached biz conclusion by a regular mathematical
process. For the exercise of a sovereign power
sweeps away all obstacles, even the Constitution ana
Government itself. The people, in Convention, can
take away the elsction OF Lieutenant Governor, aud
deposit the election wherever they choose. IN tie
last Convention they took the election from the L.
gis,ature and deposited it with the voters and those
VINO DcilcNo tiIS Legislature 10 ~ h'
sernbIage Of the people, may vote 10 take the election
from the people with the gentleman from Rock bridge
His clear, mathematical mind sees the necessity tor
maintaining that position to meet the arguments oi
his opponents fairly and successfully. But that posi-
ton involves the power in the Legislature, when not
prohibited, TO pass al agrsrian law, or a law tor the
freedom of slaves-the division or the abolition OF
property. These high claims are involved in the ar.
zknent-to change the body of electors, to assume
control over the whole property, and TO do all acts not
DrOhibItSl, Uy maintaining That the Legislature ls
copstructively an assembiagn OF the peopie.
The bill not only provides tor an election by the Lee's'
lature To I'LL the vacancy, pro tempore. bu; II contains
o:her features in conhic, with the spirit OF the Constitu'
ton. The election to be made by the people Is not sum
ciently guarded. The returns OF the election. alter the
vote OF the people, are TO be made to the Secretary OF the
Commonwealth in the manner prescribed by law tor the
general elections. But the bill directs, from the returns
80 transmitted, the Gore,mor shall ascertain what person
il elected, and make proclamation Of the tact, and also
notify him, in writing, OF his election. THE Governor
shhll ascertain what person is elected - How shall he AS
certain BY opening and counting the votes q; they mp
pear IN the face OF the polls by looking behind the cer,.h.
cats. or purgins the poils-or by judging OF the Legality
o. rc.urIs! All OF these questions ara Involved lor tue
language of the bill Is broad. The Governor saal! Is
certain, and make proclamation vi the fact" IhisiSin
direct cOnfic ct with The provisions OF the Constitution, ana
in its practical effect takes nvny the hight OF eonicStln;
the election. Il throws no safe. guard around the popular
franchise and opens the door 10 fraud and corinpun''
which the Constitution has most carefully avslGcd inc
Constitution directs the returns TO BE- male under sea- u
the Secretary of the Commonwealth, who shall denver
them to the Speaker of the House OF Dclcsates-thcy hfe
- be opened and counted In the presence OF DDtn pou-es--
II tie vote is - be- decided by the joini'votc o. ooth
houses Contested elections for Governor land Lieu.
t-unn,G overnor) shall be decided by a like vote ard
this mode Of proceeding In such cases shall be prescribed
by law" In general elections, the Constuu Ion orders
tic Speaker OF this House 10 open and count the returns
in the presence OF both Houses. This bill orders the Go'
cersOr 10 Ascertain what person IL elected IRON me re-:
rurns, and make Proclamation of the .nct The tribunal
is changed tor asrcrtaining who is elected. Where inc
Constitution orders the Legislature 10 count, the Legs
laturc, in special elections, orders the Governor to per
iDrtn that duty. and thus delegates 10 IN Executive ON
Ger, wnht was specially enJoinrd upon it-eh .
Constitution directs the Legislature TO ascertain VINO !
elected, this bill orders the Governor ~ aacert"i'i
Where the Constitution appoints the Legislature rs inc
tribunal To decide a contested election by int.vote, TINS
bill IN ,kcs no provisoa Il is needless tn say al election
law can provide for the contest, or should provide Tor tue
contest Tho Consultation has specially provided for the
manner in which candidates for the ofice OF Lieutenant
Governor shall contest. The contested election shall. be
decided by H joint.vote "f tho two houses. the return
cannot be opened and counted here, when they have al
ready been opened aud counted by the Governor. Tie
furmaltics Ct the Constitution are wholly dispensed with
The election is ordered in conflict win the positive pro-
visions OF the Constitution in respect TO general elections
and without any existing law securing a fair contest.
The right to contest an election. Is inscparnolc from the
right u elect. 1t is = right which secures the purity ni
clcc,ions-which ascertains the true expression u the
public Wilt 10 the guarantee agSins, fraud ana corrup'
ton. The people have selected the Join; session OF tn'
two house. ol the Legislature a. the tribunal Tor contest.
ed elections for the oil ~ of Lieutenant Governor ani
Governor and the returns Of the election ara to be
opened and counted in that join. session. That tribunal
and those lormhlities you have no right to change by sp''
cal legislation tor special elections. The man who cXer'
cisrs the office OF Governor must not only possess the quail
locations, bat he must 20 into that office through the excr.
else of tue popular will, Expressed hi The polls-in the man.
nrr prescribed in the Constitution; and the asccrtainment OF
that popular will must be IN the manner prescribed IN that
Constitution. A fair election to Once ia an essential ingrr'
diem. To Ill. the vacancy. and II you can %dispensc with,
or set aside the requirements of tho Constitution in ma
king the returns, counting the votes. or deciding the cor
test-or il you can icvoive upon any other authority the
power to ascertain whist person is elected" than the
JOINT vote Of the two houses, SEQ no limitation 10 your
power, except your own will.
trust, il this house orders an election by the people
they sill do 30 in the mode provided by the Constitution
for general clrctions-that the returns shall be opened
here, counted here, and the contest decided as the Con
stiiu,ion specially providee.
tender tn the house my sincere thanks for tho paii.E
attention with which my remarks have boen received.