Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1861-11-26

necessarily right; but think it is the most
conyepicnt and proper mode o! calling Con-
yeotion, and the one most consistent with the
organized form Of government, under which We
live. The act Of the Legislature calling the
Convention is Of no avail, unless ratified by
the people. The people Of Virginia might,
withou. an &C. Of the Legislature, call Con-
ventlon, if they choose, to change their organic
Law. Tney could CAL Convention in any
o,har ,uud,. and that Convention would be
ADORE the Legislature.
INV sir have taken this view Of the sub
;ect. because believe it was Inexperienced
Nv some gentlemen who seem to attribute to
the LEGISLATURE the right to call Convention
RI fiji REGULAR seats or to fiji vacancies. shall
rsverd the election Of these delegates to ill
,he vacancies occasioued by the expulsion of
the members frocl the Northwest as being just
a1 regular as ii the Legislature had passed a
law authorizing the election to BIO held.
admit that the act Ct the Governor was not
one authorized by law. will take this elsc.
tion rs if there had been ne proclamation by
the Governor. The proclamation, 1t is true,
answered 10 place Of law oi the Legislature,
NOT. however, that it had the force OF law, 'but
t,-cause ir was convenient mode OF carrying
out useful purpose. IL Is not, therefore, be-
cause the Governor had issued his procleua-
ton directing an election to be held, that
would regard these gentlemen as entitled TO
their seals. Ills because the vacancies occurred
By tb. action OF this body, and because they
have been voted for by such of the loyal citizens
Of their counties as had an opportunity 10 vote.
Tue psopie from that section the Stale were
eut,Iird to representation on this floor; aud
lpasnuch as an opportunity has been given
10 nil to vote who WISHED to Ga so, and to selcc;
spch delegates as they might choose, in the
best pracucsble mode, shall take the result
"a the voice Of that section OF the State, and
vote for the admission of these gentlemen 10
their seats.
An objection may be raised, that in some
cases but five or six votes were cast. don't
think it is our business to inquire how many
votes were CAST | know of no rule which
nskes il incumbent on this body to inquire
what number Of votes any member may nave
received Ii the opportunity is given TO the
people to vote, ana they all or but few OF
them avail themselves of that opportunity to
exercise that right shall take it as tho act oi
the people
There are great difficulties, | confess, in re-
Y
eri the force OF the remarks which have been
made by gentlemen who are disposed to vote
10 admit THESE members to their seats. Sir,
we have for some time been acting under ex-
tra3rdlnary circumstances, aud VIC are con-
strained by fJrce Of necessity to adopt inca
sures which, under ordinary circumstances,
we could not think of doing. Much Of the
legislation which has been contaminated BY
this body, should have protested against NJ
irregular, and as not belonging to it but for
the great public necessity winch demanded 1t.
large portion Of the State, by tho act Of the
public enemy, has been placed in condition
IN which the people cannot express their
wishes as they would desire, and It is but pro,
per, in my opinion, that We should do all in
our power to meet this evil by doing what,
under other circumstances We nacd not do
Ii Is the misfortune OF these people, as hiss
been said, to be placed in this condition; but
It is our duty to relieve their misfortune as far
as we can with propriety. Ordinarily, when
The people express their opinions ut the polls,
and onlr two or three votes are cast for clnd!-
date, suppose even then We should esteem
him emitted to his seat because, as has been
remarked, tLuse who refused 10 vote might De
much stronger reason why, under present cir
cumstances, we should give gentlemen their
seats who have been voted for outside their
counties and by few voters, than in the case re.
frrred to, oil persons receiving seats who were
voted for in ,ueir counties o. few voters under
circumstances which oU.red no obstacle 10
tuI vote being given.
Mr. WYsoR-l am anxious to bare the We
cauceS IN TINS body filled, butl cannot agree
70 all them IN the mode provided in the rspori
Ut The Committee. nOr uader toe amendment
10 that report, flsred by the gentleman from
Madison (Mr. BLAXEY.) wish 10 assign The
r=asun why cannv. 6gree IL have them thus
Gieu, and 10 propose tAu mode II waIca az
Wiling that ihsy should be filed.
NV, this report goes ga 10 tell US The
res rs wEv the e.cc;ioD Of tueso geEtcucn
S illegal, AID concludes with e resolution de-
clarias tncln 70 be entitled to their seats, al
though Illegally elected The gentleman from
Madison proposes to get rid Of the difficulty
uy striking Gu. tho. word "entltled, and III.
ssrtiDg ia leu thereof tho wUrd "udmlttcd.
rnat puts US in the atu;ut9 Of saying that
gentlemen shall be admitted to seats here who
are not entitled to them. The report of the
Copinittae informs u, that there was no su-
thurlIy Of lsw fyr holding these electluns.-
they were not legally held; tho persons
elected We're not legally elected, but lne report
cInc,uoes by saying they are entitled to Seals,
notwithstanding the gentleman gays they are
not entitled To them, bu! that they may be
admit cd 70 them.
Now. | cannot subject myself ON the record
TO apv such, criticism e; TINT. The argument
of tho gentleman from Albemarle (a.r. Hot
coussJ !, that 1t would DO great injustice to
ut,.er counties represented here by full vote
OF their constituency to permit these IneIn oers
to have an eoual voice and iuaucncs here, who
have been elected BY the votes Of lew retu.
gees But yet sir, the gentleman frora Abe
marie admits that il the county oil AloemaTle,
IN which there was Il vacancy, had been Ia tue
possession OF the enemy. and it bad been out
Ur your power 10 provide for an election III
that county, except oy comforting the power
upon refugees, and lheSo refugees by authority
OF law had ID sde the election, that the member
tous elected would have been entitled to his
seat.
Mr.. UoLcoNHE.-I did not make that admis-
sion. MY siatemen. vas, that, in the event u
there beng an election from the county vi
Albemarlc, unless an opportunity offered TO
the pcoo!e of the county to indicate TIER
preference CT delegate, there would be no
election, and that it would be great l!Justics
TO other counties Of the State i! the refugees
from Aloemarle were allowed to send delegate,
10 The Convention, when full vote Of TIE
people OF other States was necessary TO appoint
the delegates.
Mr. WYsoR.-Thcn it amounts 70 simply
tff,I
a question lky this, and that necessity, We are
told, rests upon the people Of these counties
which arc now seeking representation here
The gentleman admits that it was out OF tue
power of these counties to hold these elections,
inusmuch as they / re in the power OF the pub
lie enemy. They cannot exercise their free
will. They cannot 80 where they please or
DO what they please They are under the con,
troll of others. Now, Sir, the Convention did
not provide for this casc. 1t is admitted they
oo,la nat b.vo nroyi,ied for j. II itty would.