Constitutional Whig. [volume], November 17, 1829, Image 4

About Constitutional Whig. [volume] (Richmond, Va.) 1824-1832

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[llKPOHTt'.n I'OR TIU W1IHJ.}
VI KG 1 Kft A. Ctt ft V K XTIOX.
Satvkivw, Nov. "
The Primpkn r c'*jntn!mi'.'n»e<l u b-ttor from Gon.
Taylor of Norfolk, Vbntaimiig his rwignaliou of hi*
s .-at as a mmr.ber of (he (. •onvenlion. uhicu, on bm- I
fion of Mr. Mkr'. i:r, was ordered lo be ! .id c:i the I
table.
Mr. Taziuvk'i.l. on behalf of (lie delegation lYoni I
jVorfolk, coniuiunieuled to the 1 louse that they had |
t «Cr«gsby of Norfolk, to be the J
fc.u-cessor of fieri. Taylor.
The. House then resolved itself into Comniitt e of
tiie Whole, Mr. Pmvm.i. iu the Chair.
Mr. Scor r then rose, and elated that, he ua* not
in the House yesterday, when the gcnllotnau from'
llockbmlge spoke, but ho had heard that the gen '
(Vninn had quusth.ned the accuracy of some oi' tiie
statements which* he had made, that the improve
ments on the James llivcr were made ut the in
stance of the citizens west of the Blue'Ridge, lie
had not made the statement which had been impugn
ed mi l.r own knowledge. He had little to do with
public atlairs at that time. But he hud made it on
t he antliof i* y of Ins colleague, who in n subsequent
••onversation, had expressed his willingness to boar
him out.
He would add another fact or two, as illustrative
of the at ite of proceedings iu tin Convention. We
are called on by u report oft ho Legislative Commit
tee to place power in the hands’of the citizens West
of tiie Blue Ridge; and w*\ who represent (lie middle
region, are told that our interests are safe in t he hands
ol the West, because those who a^e in the Valley
have a common interest, and will take care thafthcr’e
iu no oppres-ion in the Sta'm !{•• looked a little into
past legislation, to learn from experience if those in
tin1 Valley have felt acomtnon interest with the East,
lie saw that when a^sclienio lor boirowmga sum tor
tiie improvement of the James River and the Potomac
Was before the (Ieiu i.il Assembly, only one member
of the Valley voted again. J it
A proposition was before the General Assembly
tint same session for a ion.; Ji m. Winchester to Par
kersburg: there was only mm member from the Val
ley against it. The gentlemen from llusscil had no
gloat inteiest in tiie matter, except Western inter
est. and they were willing to make tie* road fir the
West out ol" our money.
There was also a proposition at the last« -cion, to
open a road from Logan Courtiioiuo to the Ken
tucky line. On that question, which was for the be
of the West, but one member ibr the Valley vo
ted against it.
In 1323-24, there was a proposition before the Le
gislature, fir Internal linprov* motif. mi a large scale.
A loan was propo'wd of£j,Q00,<J00; and an ml Llion
nl loan, in certain contingencies, of £750,000 That
projet he learned, was brought forward liv a member
from Berkeley, and supported by another from Bote
tourt.
With till these facts in his recollection, ho was not
willing to put the interests of the East m tho keeping
ofthoTC of tho Valley.
air. (trkkv then rose, and said that Lo was call
ed on by circumstances to say what hr knew of the *
improvement on the .lamas River and the Kanawha I
Canal, and the road between them He lived at the I
time, in another part of Lire count ry; but it happen-j
ed, from the circumstance that he was more fhmiliar
with the Board ofPublic Works,than most ofthoother!
members, that he knew the motives which had led!
to this business. He had agreed with the advocates
ofthc measure at the time, although lie admitted that
it turned out bud. He stated what was the charter of
the James River Company, and that there was a com
plaint that the Company had not complied with tho
ctmditiutic of* tUo charter. Examinations had boon
made by the Engineers, and gentlemen Were appoin
ted to consider of the best mode of improving the na
vigation. It was necessary to get clear oft no char
ter of the James River Company. A prosecution
had been commenced against that" Company; and no
one could toll citliter the result, or the time'whcn llie
result would be known. Thus it became necessary
10 extinguish the claim of the James River Com
pany, t» improve the nvr, and to determine on what
principle this should be done.
The parties interested in this matter, stood thus:
On tho lower part of James River, whore there was
a violent opposition to improvement on a large scale,
they wore not desirous of any improvement beyotd
the present state of the river, continued on to the
mountains. They were averse from any improve
ment on a la-rgcscale; and their argument was. that j
moderate improvement would answer the purpose,!
and that by adopting improvement on a email scale,
fhe tolls Woul not be prevented from increasing.
As to those on the other side 4of the mountain, on
the Kanawha, and in the Valley, a different view!
was taken. It was said that from the report of the!
Engineers, and the dictates of reason, the greater j
the improvement and the larger the boats, the cbea-,
per could bo tho rate of freight. We, therefore, say
♦ hey, desire improvement on a large scale. The gen
tlemen to the West looked at the cxpence of the iin
provement, but agreed that they should nave to pay
the interest of the money advanced in the shape of
tolls.
A compromise Was marie. The people ou the
Tames River, on this side, acceded to the larger scale,
oft the condition, indeed, that they should never be
charged higher tolls, until 'he work should have been
prosecuted to a certain dist ance, and then that the
additional tolls should not he above one-third of the
original toils.
'Phf'ri* tt’Pri* enme Alhof wtintifafinn^ ns tr» the irvlle «•
Kanawha, but Ire did not recollect precisely what they were
Thus the people on lower James Hiver, 30 or *10 miles from
Jhchmoti'J, were induced to yield their oltjections to the im
provements on a largo scale, because tiie U t.-l v. i-lied them.
There was a complaint afterwards, that the stipulations hud
- been violated. He know nothing of that matter. The facts,
which he had stated, were those within las personal knowled.’ !
and his motives in addressing tiie Committee, were to place
correct information before them.
Mr. Moons (of Hockbridgc) said that he did not understand
the gentleman from Fauquier as saying that the improvements
were called for by tlvorc on the other side of the IJlue llid.-e.
lie had always supposed that the plan originate 1 on this «./ le,
and what had fallen from the geii'h-man had confirmed this
liitpnwiar. It it had not been b*(oro suggested, he deemed
it important that tiie suggestion had been inane h r-, that ".winy
to a diversity of interests, a compromise, had taken place, and
this plan had been agreed on The gcm'icinaii from Fauqui r
had alluded to several votes of tiie West to appropriate {!;
public money. He would inform the gentleman, that he had
never voted against a proposition to give money to anv part of
the State lor improvements which he considered useful. If it
WRS money for the other side of the mountain, ! • vm. f„r it.
If it was for this side, mil the riii/.cns on tins side frequently
applied, he was still for it II- ha 1 voted f ■: t! - grant to the
Lnivcrsity with pleasuti-: and ha took thi? occasion to disown
any sectional interest), isjwcvcr su..b iuiercsts might influence
others.
Mr. I.f.igh rose and said, tna* u •»«* -."iiu-maii was on^iiuus to
address the Committee, he owed it to his colleague (Governor
Giles) to move that the Committee rise, ll/s i ,11-ugtio a
exceedingly dc«iro"us to give his views to the C uniiniUee: Inn he
was prevented from doing so now by indisposition, whicli was
aggravated by the state of the weather lie. presume 1 it was
desirous that all should have an opportunity to give th -ir views.
As many as five or tr: gentlemen were absent; so that taking
(.he question under these circumstances would has .: no effect'
on the ultimate decision of the Convention, flu would, tb-ic
I.ire, now move ti^t the Cominittco rise: hut d any gentleman
was desirous to address the Committee, la, vvntd i clicerftilly
Vflthdraw hi? m / :-n.
Mr. Doponitu;- «iid he hud understood, porhnp? inaccurately,
that there were several gentlemen wiio intended to address :■
Committee. We m. now in the month of \ov> id» r, and i t
fviped we should be able to gut through the busitu (airing
present month If other gentYmen desired to a.hire-, t
(» nominee, he hope*1 they would do so no*.v, and i.nt suffei th
(lay to be lost, especially a? the tin e i« approaching when on
mum boss of the Convention w its he tv piir- 1 in arm hr r , ..
Jle hoped we should not conmir •• uvuc ii au th- present m
If therefore any‘Uher gentlemen proposed : lad-:,-.*., tl - (
fiiittce. he Imped they wtftdd do it now. If th re v., e n -,e, h
t\ uuid with ple^Stuo acquiesce in the mo:u a t,..,t th- Commit
|rg now rise.
Tiie question wa« then put, audit1 .Yl'in t. ; dirir.atr.e,;
nfi:l the Committee raj*’und ii’p /rt ■ prog
Tut Convention tin .» abiuitrnc 11.!. M • lay at ll <>'< lock.
Mono a v, Norr-rnun °
The Hon?** rc»oI vrtl iKnlf into a f,Y ' ••
V.-ffrlc, Mr. V yn.x i. in C*■:*
Tlie following is the substance of Mr. Gii.es’ re
marks,‘taken down by the Stenographer of the:
Whig, in his own lunguugc, and corrected by Mr.
CIim.s himself.
IS1 r- (IllifiS said, sifier all the subje-ts of this do- !
bate have been so fully elaborated, and thoroughly j
exhausted it tuiy be deemed presumption in him to j
attempt a further elucidation of them; repetitions too ;
might he deemed intrusive on the time, and even
wanting ia respect to the intelligence cf the Com
mittee. -
Notwithstanding these discouragements, he felt j
impelled by an irresistible souse of duty to extend j
ihe debate still further, not with a vain hope of
throwing new inter-’.-'ting lights o;i the subject., nor j
with the hope of obtaining a Ion n majority. A lean !
majority on either side would lie a poor triumph of
iricuds over iricuds, and still more so on the utlir
mative than negative side of the proposed amend-:
incuts to the Constitution; and would be better cal
culated to attract the distrust than the confidence of
our constituents. lJut his principal inducement for
continuing the deba'c was a fuini glimmering hope
ot approaching nearer to unanimity in whatever
measures may be adopted, than wo scetu to bo at
: present from any indications now before us. That
: woulddndced be an o fleet worthy this great occasion,
:ii:d worthy the sacrifice which lie conceived every
individual member called upon to make to obtain
the object ot the Convention. Without some ap
proach to unanimity he feared all our labours might
: ho worse than unavailing. Why should we not ap
proach thfs unruiimity? AH see that there ar<* sufn
| cicn> inducements ro make the best elibr. and fbrtu
■ nately not. without the authority of great example on
1 this occasion.
I The existing Constitution, whicli we nr1* call *d
j upon to examine, modify,or i.b dish, was produced bv
unanimity. Our torcfnllicis were magnanimous
j enough, alter a laborious inv. stignlion. conducted
1 with the nt »st ardeut zeal, to agree !o it bv au unaui
! moils vote: And why should not we follow their ,ix
jample? It was said that this uuaninuiv ami this very
C oiistitut i -n Was produced by a sou. < >f danger, ami
was an dfleet of haste anti alarm. Ho was sorry to
hear this suggestion repeated because it was un
founded. Tt is trio that onr fbrcfithcrs did act in
j i.nminrut peril, and under fiillscr.eeof th:.L peril, but
|'d is not true thut rhe instrument they produced was
I*he client of haste cr rd.irrti. Though they were
I highly serial ole of tiro danger, it never disturbed the
equanimity ol* tfloirixiiudsdiiringtheii* whole proceed
ing's. They wont on C'viliy and di-pnsfcinnatelv, uat
Withstanding the dangers that fan it.ended therm, and
i he dual ret a It was the production cf this Cogstiiu
; i ..is uaiiyor mr ironi oriuy ipcr.King, wa? vrror d
j by them w. ii sport- Contempt and even derision ile '
h::d been frequently told that nothing was more corn- \
m ni l!;:.:i Ti.it the in Miibors should -port i rely jeer each
oilier, saying, "vve must hang all together or be hung
one by one. 1* it possible that anv state of mind
could produce a stronger iucetrive to exert their best
j efforts for arriving nr the best results?—Did not tliis
I state oi iniud R-ord the strongest incentives for cal
j ling into action every feeling of the Heart and every
j dictate ot the head to the perfection of their great
I work. Wit n one united voice? They accordingly
i Pr‘ Soi:ti 1 to us tile best Constitution that was ovCt ■
presented to any people under the sun. accuinpa
rued tea, with p Tibet unanitoity. The Lusto y of
their proceedings will show that although in the com
mencement ol their discussion there was as much
ditfferencc of opinion amongst them as ourselves_and
tho>e opinions maintained with as gre.it ardor and
-.real, yet th y nobly compromised all their differ
ences and cam*' to an unanimous result.
V\ e are in a ditlercut situation. ^>re are in ti state
Of perfect security. No dangers threaten us. ~Vvre
are loft entirely trim. Yes Sir, nerfeeily free to in
dulge the wildest speculative visions of our imagi
nations in seareli of philosophical abstractions to in
t roducc into our tundamental laws tbr practical
purposes. Whence arises tliis state of security?_
Droin the patriotic and heroic labors which oar
venerable ancestors pcrlbrmed under such diflcr
cu1 circumstances We are so secure from the
moral tendency of those fundamental laws witii
which we were blessed 54 years ago, that tlierc
is no fear that we shall hang one by one, even
if vve should refuse to hang all together! Although
j we are perfectly tree from tin apprehensions of per
i soinil injuries, vve are uot without inducements to
j make us combined to use our best efforts in producing
' unanimity in our p ocecdinns. Siinuld vve fail in tho
objects for which we arc called together—we would
lose the confidence of our constituents, and whatever
political fame atid standing wo have acquired; mid
should disappoint the expectations of our fellow
citizens and of the world He incutioned these cir
cumstances to shew us tho necessity of banishing all
prejudices, passions and prepossessions, andifpossihle
to be unanimous in our results, whatever they may
i be. lie begged to be permitted to remark that he
I had been delighted with all tho arguments presented
; to the Committee, not only oil account of their ela
borate researches. and their splendid display of ta
1 hints, eloquence and instruction, but on account of
their honorable frankness and candour. This re
mark was intended to apply equally to both sides of
the question. The whole appeared to him to have
afforded a new and uuspicious example of the just
ceUority which V irginia has obtained for morals and
for principles. The arguments on both sidss were
presented front to front, and with so little dis
guise, equivocation or evasion,'that- to form a jn.-t
romtinri-imi of their r.>cnr./-»i.rr. I, ....... _a..
necessary to review them' in their state of confronta
tion. lint while he felt this pleasure at the progress
of the argument, could not avoid expressing the
deepest regret, that a difference of local interests
should have interposed to interrupt this happy spirit
in conducting tins discussion- But such local inter
ests do exist, and they arc too important either to bn
overlooked or disregarded. To obliterate them would
seem to be impossible. This difference of interests
consists in the unequal positi n of the slave prop rty
i:i this state; and tins interest isso important ihat the
production of the labor of the slaves forms tlm foun
dation of one third of tin? whole taxes of the state_
But although confronted at the threshold by this un
fortunate stumbling block, it was Hie duty of all to
inf and subdue tiie ditBcully, or tu apply such reme
dy a:; would be acceptable to ail.
The venerable gentleman from Loudoun (Mr
Monroe) thinks emancipation impossible without the
aid nt the federal government, and perhaps it would
lie impossible, oven with t hut aid—an aid, which, could
it he had, could not. be desirable to any. He hoped
tiie venerable gentleman wou d excuse him for sav
ing that he did not see th • precise applicability of ills
remark to the precise subject under consideration, <iy
he ceuld not avoid saying h:s feelings were much ox
citedat the mere suggestion of calling upon the Fede
ral Government for aid, on so delicate a quest ion.—
What Would be the effect of calling in the federal
government to an! in in the common, ordinary, mu
nicipal regulations of the State? Some gi ritlernon
cad for the aid r.i lh<* General Govornm 'i.t ir the
persecution of Inter ini improvements. The v enera
ble goii'loinan from Loudoun thinks it may be requi
red for the emancipation of our slaves, and says he
even doubts if v.e were disposed to divide the .State,
v. betiier vve should b'> permitted 1 » r'n fo I v the gen
eral government What vv;i! be the effects of all
lb< s • dependencies on that gnvoinnienl? The effects
mils: be thy anti: Iriiat ion of ail Slat ■ Rights—the des
truction ot tho i»?al ■ Govvrnmcnfs— and w<>r.-c, the
amalgamation of a trreot mars of power, ir. the IVd
er..l Government. Have gentlemen reflected on the
f.:. i.-ncie.; of a vast rnomcntuoi of power collected in
any bines which are beyond their control? Is it. not
in y.itald (.bat it nrr.nl beat down tiie barriers nil
p-di'ir.al powers, which may bo interposed lopalsey ,
its influence, by division? Th-i i : w,; could !
ntnifr fciicii an amalgamation, wouid be a cunsoliii*
t'yJ desj>'i;is»;i. Tics ronsuin.aalioii cr.-%] b- de-ir.a*
oic to none, lie had merely in a do ti.rsc general
:ei?.ir; - , w.Ji n view of protesting against t:„) in,'!
r~“' ’h< ^voer'd £•*«’erx4l,;cr.: .. ;-g ,
intrusion in the discussion before us. by disposing of
them at this early period. Were it not for, the un
fortunate difference of sectional interests, he would
indulge the mod fluttering hope that the Conven
tion would ho enabled to improve the condition of
mail, by lidding to the political lights shod on this
I rate and the wholo world, by our venerated fore fa
thers. lie considered the science of’ politics in n
s'ale ol" infancy. While he observed the ma'cli of
the human intellect in bringing to perfection all the
other arts and sciencics. viewing with wonder
the vast improvements which have been made
in tiic last century, and perhaps still more in the
la--l half century, lie could not but observe
ih::‘ t lie science of politics hod not kept pace in im
provements with any of the other arts and sciences.
The only effort a* improvement was the one ongi
naliy adopted by the framers of our Constitution.-—
This was only fifty-four years ago, a more spec in the
progress of time—and had introduced a new and great
principle in he science of politics, one in direct hos
tility tq the preexisting basis on which all other go
vernments were founded. It oneneda new era in the
science of politics—and he hoped, sincerely hoped, that
our American statesmen would abandon that system
which had so long prevailed, and had proved so des
tructive to the rights and liberties of thehmann race—
and found a new science upon he great discoveries of
> ■*;r fbre-iiilhers. We have not done so—wo have ra
ther rotr ograded to tkGse principles, which Out fore
fathers had abandoned. We have gone hack, to imi
tate the British system as fir as regards practical po
liticul economy, r tier having established the most hap
py inn) beautiful fundamental system of our own
—and this is one causa why we have not added a new
science to the existing political economy, suited to our
great dcvelopemcnts in fundamental principles.
There is another cause Ail other governments
were, as In* conceive:!, founded on fraud and backed
by force. The few, who had bvcombinations. usur|>
ed the rights of the many, and possessed themselves ol
all tin* proceeds of their productive labor, have em
ployed nil their mean*; to prevent further improve
ments iu the sriinice of politics, to avoid the 1)011*0
tifrtl >>nd exposure of til-.* fraud Winch was the founda
tion nr tlierr systems. We know it was their great
object to prevent an examination of these subjects,
Hint t«> such an extent did they carry ibcir rigorous
vigilance, that, the nr.-1 pa-riots, Hampden an? Syd
ney, fell victims to thrrir patriotic enquiries into the
science of polices. These causes contributed to throw
tiio science of politics beck, and to proven it from
making its way under the influence of that march crl
intellect which pressed forward all the other scien
ce s.
aao snoum ouppoou it iras uifuiuiy o-r uns oovivcn
tion to extend their researches into political science.
A "Teat discovery had been made in opposition to for
mer systems; that all the rights of’ government arc
founded on the consent of man; and that consent is
ascertained through the social compact, or in other
words, the written Constitution. There is a differ
cncc ot opinion, however, in regard to ihe true cha
racteristics of the social compact, and particularly in
relation to the partiC3 to it.
In the origin and progress of the social compact,
every member is a parly to it, each representing his
own individual in-crests as his own sovereign, unin
fluenced by the majority.
At it3 completion the parties become changed by
the consent of all its members. The compact 7s then
made to consist of only two parties: the governors
and the governed. At;d whether the majority shall
exercise the government or nut ,or to what extent, must
depend solely on the written compact. Gentlemen
had imputed to he Hon. Gentleman from Orange, to
whom he lisrened With great pleasure, the assertion
t hat a minority ought to govern as well as a majority.
This impu ation had been extended too far. if iie had
rigiiliy understood tiie gentleman from Orange. He
did nor understand that gentleman os declaring that
a minority ought in any case to exercise active affir
mative logislut ton, but thata minority wussometimes
invested with authority to legislate iu a negative ca
pacity.
A minority cannot rightfully govern in any ca-e. but
it is often used as a fit instrument to prevent a majori
ty from doing what it ought not to do The l ights
ot the majority depend solely upon the compact. \Vc
must look there, to see how far a majority may "o
vern and where it may be checked. °
Hero we have a local interest, which is admitted by
all to be applicable t.* peculiar sections of the State*,
i but not to the whole ot it. This local interest must
| be secured by provisions in the fundamental laws; it
■ not. upon general principles, the majority would go
vern it- If it be improper that the majority should go
vern, where there is a particular local interest. The
! minority should have a power of controuhng the ma
jority so as to afford protection to such particular lo
j cal interest. Such was the case in tho fed' rsl go
v«mment, as was illustrated by the gentleman from
Orange, from whose lucid remarks he derived both
pleasure and instruction. He look it for granted that
the majority had no rights but those that were vested
in them by the compact.
Under our written Constitution or social compact,
the science of politics was divided into two parts._
One great brunch of the science is that which relates
; to the organization of ihe fundamental laws; and the
other branch is that which relates lo the policy to be
i observed by the practical government, r.t> established
by those laws. No effort has been yet made to en
quire into these subjects as distinct branches of poli
tical scicTicc. The American minds have been drawn
from the contemplation of these subjects by imitation.
Imitation is one of the strongest passions of the hu
man mind; and instead of c!al»oratin"a new r-*il.cin
; suited to our own discoveries, We have been led into
.. I practical political
economy. Here tin n is a new field opened before
us for the extension of political science.
An example of this spirit of imitation may be seen
m the organization of the Executive of iho United
Slates. There we have exhibited an anomaly of »n
Executive, attached to a Republican Legislature,
having more monarchical than republican tendencies.
We hav*1 thrown so much power and patronage into
the hands of tlx- Federal Executive, that we must
see the danger which threatens us from its organize
tion; yet that Executive is now held unto U3, Jur imi
tation. How this happened he could not perceive—
if gdhtlcflien had the same views of the organization
i f>f the Executive of the Federal Government that lie
1 and the same views of the peculiar fitness of tue
Executive government of Virginia ns it is now estab
lished to a republican firm of Government. So far
vvr>, «rc abandoning the old system and falling into the
gulf of imitation,an error which is among the strong
est of the natural propensities of man. U'c should
call on thus- who may hereafler aid in nmendinf
i he I cdcral Lonstilu’ion to follow the example of
Virginia- If the Virginia System v.crc Iransfor
red to the United States, it would be the best im
provement that could be adopted. The events of the
last four years, must be sufficient to satisfy every
gentleman, that, instead of calling on us to mj
itale the Executive of the Federal Govern
ment-—if that government could be brought to
imitate our system, it would he the most important
amendment that count be devised in the formation of
its organic laws.
The gentleman from Loudoun. (Mr. Mercer,)
whose eloquence he hid liven.-d to with groai plea
sure, had pointed to the Executive Department, as
one of the grest defects in the pr* r nt Constitution
of \ irginia. I]n was not so much surprised at Ihe
reference, os lie was at the grounds upon which the
gentleman had rested his objections. They were
founded on a supposed Want of responsibility. That
want of responsibility should be alleged against it
Mr G. said, attracted his wonder. Jf there Was nnv
responsibility in any Executive under tlicsun.it is in
ourp. as at present organized. The gentleman th- ro
fctrr', bad to :g:i up hi notions without a sufu j<v-jil?
minu'o examination, for in foe?, the responsibility of
the Virginia Executive, was the strictest that human
wisdom could devise. What is the respoiiMti'ify of
the Executive ? The Exo* utivof incil are ruqttir
r/»d, to b'c* j -o-n.il of ') i- p-.-vrtsih’gs,
signed by every member present. The agent thus
renders an account to his principal under his own
hand, which can always he referred to as evidence of
the manner m which his duties are fulfilled. What
arc the duties of the Governor? 11 is accountability
is as strict, though not as severe, as that of his Coun
cil He is at liberty to follow, or to refuse to follow
the advice of the Council. lie nets on his own res
ponsibility, he is not bound hv the Council. The
| Journal shews the facts,and the responsibly. IIow
| then is he screened from his own responsibility?
This Executive then, is wisely ordained. It is-the
! wisest effort of the great genius of the writer of our
Constitution, in making the whole Executive respon
sible to their electors, as connected with a Republi
can Legislature. He had been struck with the re
marks of the gentleman from Loudoun, f Mr. Mercer,)
«V had wondetedthat a gentleman ofsucn intelligence,.
! should have fallen into such an error, as it appeared
to him to be. He had felt it to be his duty, to do
; away * no imputation not only from a sense of justice
! to tlie Council, but to this, and to all nations. This I
! Council had been in operation 54 years. If there !
; -ohI been any misrule, the gentleman could point it
out. lie invited gentlemen to attend to the
condition of the Executive, not only at the present
moment, but from the commencement of its organiza
tion, and would thank them, for any criticisms on any
of its proceedings, and particularly those of the pre
sent day. There was no merit in the administration,
except a.merit of prnciple, a merit of responsibility.
If wo have had ait Executive in Virginia, which has
gone on so smoothly, so easily, so little known, nnd
scarcely felt, for 5-1 years, discharging all its dmies,
why should it now l:e changed? if it should have
done all w’hich was expected, he would ask if there
was not some hazaid, some boldness, in changin'' it
I for something untried, unknown? As to want of
i power ;u the Executive, so for as Iris experience had
J gone, although he had beeu often accused of an in
i ordinate love of power, he there had as much power,
i as he Wished to have, or ought to have, or as any
| other human being should ever have. Executive
I patronage, and power, were the true muses of all
I political mischief. The demoralizing influence
j which we have seen throughout the wTiotc United
| States, arose mainly from giving too much patronage
to the Federal Executive. - But gentlemen had gone
| further nod made some more general charges against
the Coc-~titutiOn. The gentleman from Brooke,
(Mr. Doddridge,) t<> whom ho always listened with
pleasure, had said that the Constitution was ma-ic
amidst pe il aod alarm—that it was cousructod
hastily—adopted under tire exigencies of the times,
ur.c! was never considered as a permanent organic law.
, ‘-So |n;iui!ufu 10 lupoairoe vvoros ot
i the gent loir an as taken down in the n>-wppeperp, not
With a view of throwing them back upon him, but
from his extreme reluctance at misstating the expres
sions of wny gentleman. The words are” the follow
ing: “Th<> history of the State would show, that the
pre-ent Constitution was adopted in a period of dan
ger aud ularm; that it had been hastily enacted: was
never considered as un organic instrument, deliber
ately agreed up*n, with a view to its being permanent,
but adopted under t lie exigencies of the times, mere
ly «s a temporary expedient.” Suppose for a mo
incut, the Constitution were n chance-inodlev_a
God-scnd. If it were a God send, it was the most
blessed God send with which man was ever favored.
So happy have wo been under it, we have lived so
harmoniously, and enjoyed ourselves so much at our
case, as almost to forget that there was any govern
ment. Government may be said to approach per
fection. when man does not knowthat he is governed at
all. Would gentlemen discard then this Constitu
tion, merely because they conceived it to bn a lucky
hit. and not a dictate of wisdom, because they deem
ed it a special interposition of Providence, ratiicr than
the production of the wisdom of man? Wo oueht
i to cherish ;t and make tiie best possible use of it, for
such is the manner in which Christians ought to treat
every Godsend. So directly contrary was the ar
gument ot the gentleman, to the views lie entertain
ed as to the manner in which the government was
formed. To shew the mistake into “which the gen
tleman from Brooke had fallen, with respect to the
Constitution, bcjwould read an account given by the
President of the Convention—the eelobrnted Ed
round Pendleton—whose name in itself, should give
to every thing be said, the most unquestionable sane
tion. He would not fatigue the Convention with
much reading, bnt the mistake tvas so serious, and
called so loudly for correction, that he must beg its
attention to a single paragraph, because these mista
ken opinions prevailed on this subject thvought the
whole State The paragraph he should read ip from
n letter from the late Air. JefTcrson to the late Judge
.Woodward, giving an account of Mie proceedings of
the Convention He would read but a few sentences:
“He, (Mr Pendleton,) informed me (Mr. Jefferson,)
afterwards, by letter, that he roccivcd it on the day
on which the Committee of the Whole had reported
to the House, the plan they had agreed to; that that
had been so long in hand, 60 disputed inch by inch,
and the subject of so much altercation and debate, that
they were worried with the contentions it had produ
ced, and could not, from mere lassitude have been
induced to open the instrument again: but that being
pleased with the preamble to mine, they adopted it in
the House, by way of amendment to the report of
the Committee; and thus my preamble became lack
ed to the Work of George Mason.”
He begged the gentlemen’s best attention to this his
torical account of the proceeding of the Convention,
and they could not avoid seeing" the direct contrast
between it and the account given by others.
woo riir ;us iic was enawtiu to do, it would now be his
plea>ing task to defend the Constitution from orher
imputations. He regretted his inability to do justice
to the subject. In the first place, the wisdom of
our fore fa hers fixed the basis of the Constituti n on
land—or par*h—mother earth. We are taught when
v. c pray, to say to cur Creator, ‘‘in tlico we live and
move, and have our being.” He would extend the
reflection iro far as to shew that the instrument
in rhe ban ;b of God was land, earth—emphatically
our mother earth, through which we do ‘‘live
and move, and have our bein^r.” We look to
it for our existence and we looli to it for our sub
sistence. It gives us tbo coarsest food that indi
gence requires, and supplies us with all the highest
luxuries which refinement ran desire. It yields our
ordinary covering, and affords nil the ornaments
which decorate tIk* fair of (he land. From the low
est necessity to the highest luxury we are indebted
lor nil to^our mother earth. Are there not then an
| affinity and an association between our mother earth
j and the beings who exist on it? Would it nut be
I unreasonable, unphiloeopiical, to establish a govern
i ment for the inhabitants of the load without refer
ence to land itself? He thought to himself he might
be loo much enchanted with the idea, but it bad
grown out of the best reflection he was able to give
to the subject. Yes, he considered land as too im
portent, an instrument in the affairs of mankind, to
be entirely disregarded, in the formation of the or
ganic laws for the government of its inhabitants.
fin would say land is the best and only solid and in
cic3trdct.it.ir0 foundation for government; unless we
respect the divine right of Kings, which is nothing
i more than a mere human invention, founded in
fraud and falsehood. The wisest provision that ev
er was inserted in any constitution is that which de
clares that t ho right of suffrage should remain as it
then was. I; was thou based on the freehold right
of suffrage. But he did not mean to examine
that question now. Ho mentioned it mere
ly to attract the reflections of oilier gen
tlemen. If any other occa>-ien should occur
and his health would permit, fie would then go into a
further examination of the subject, but he was fenr
fil that he should not be able, at this time, to go
through ail the observations he had intended. Our
forefathers fixed oa land as tl.o basis of our Constitu
tion; and adopted the Republican form of Govern
ment. The means for carrying the Republican sys
tem into effect., consisted of individual and intermedi
ate <'}ec»i ns combined. He conceived this to be the
\r> e vp.bn oM*? -*:vo I'-r. :.] :re »} r -
ivns devised. It is indispensable in these United
States. This necessity arises from the extent both
of territory and population. He knew that the popu
lar current was running strongly against tho nrinci
ple of inteunediatc elections—and that r.n attempt
was making in this country to throw all governmou.
tnl duties in relation to cluctions* upon tho people in
their original capacity. 'Ibis* is visionary and im
practicable— a mere ignufvtuw—and calculated to
be onerous on the people whom it is intended to bene,
fit. lie was satisfied the people could not beneficial
J oxercssc lliis right to its full rxtont in a great c.\‘
tended, populous community; tiierefore ho thought it
was proper for them in certain cases, to delegate it to
their legislative representatives. Intermediate elec
tions are a refinement in the representative system,
known only in the United States, and (nstcad of exten
ding its utility, wc arc throwing ourselves back upon
the onginnl principle of representation by man solely
in his individual character. Afterthis cotnjroufttl sys- '
t.in of election, the government is based, as far’as
practicable, upon a separation of departments as
''hecks on each other—Legislative—Executive—and
Judicial. These chocks are introduced for the pur
pose of controlling the unlimited will of the rnnjori- "
ty- Unlimited will, wherever it be found, whether
in the hands of a majority or a minority, is despotism.
Ho had bestowed much reflection on this subject, and
they had produced the most perfect conviction that,
despotism is the encvitablc cflcct of unlimited wilL
The utility of these checks then, is seen in eontroul- •
ing this unlimited will wherever it may exist. These
are the fixed and etnbie pillars upon Which rests the
useful and beautiful superstructure of our Constitu
tion. These pillars, he feared, were now about to b*;
tom down and their fragments scattered to the winds,
although he could not help hoping fior better thing?.—
The merits ot the Constitution were demonstrated bv
its hem ficial results fur .7-1 years, conspicuously seeiv
by the present moral condition of our society over an v
other known to him. If any other equalled it in
tuoraIt and in principles, ho should be glad to bo in
formed ot it. The merits of the Constitution ore sfi'l
further seen in tlie harmonious co-operation of all its
P'i.1 ,s, to produce an unity ot object—one great conii*
nma good. Its merits are still further seen in the
peculiar favour and protection afforded to non*
freeholders. In ail complicated controversies be.
tween the poor and the rich, it h known Unit
there exists a very strong hias in favor or ihfc poor. That,
during the short t ime tie was engaged in the practice of the tatv,
he lecollccts that he deemed it n compliment to any coonK*
cetirl, in which justice might he had by the rich in any enni
plicalerl controversy with the poor, and lie lieiieved this was a
general impression:—not fiom anv disposition in the court V>
do injuvttre to any. but from the dfiEcolty of connlernctina t1f«
popular bias in favor of the poor He hazarded nodiing hi
saying, that tho poor are better protected against the irr/locncfc
of the rich, under our Constiiution, than any other in the United
Wales. W hilst therefore he disclaimed all popularViews, he
considered himself the real friend of the poor, in endeavoring to
sustain our system. Under its peculiar organization, justice .5
administered to the poor, freely, without reward; and the whAle
ot his contributions of every description do not exceed 2s 3d._
whereas, tho costs of a single warrant, under the perquisite sr-s
tem, which is proposer! to be substituted for the existing mu
would cost him perhaps ten times as mud) as all his preyeiit
contributions put together
[to BE CONTIM'KD.]
! Departed this life, on Tuesday the 10th in*t., *1 r.
j Richard P. Guf.k.n, at the residence of Mrs. A:{n
I Hendrich's. Hanover, in the of>tli year of his age.,
formerly of Hanover, but a resident of this cityUrr
the last 15 years
rn 1 I L.ULJII) iJ_PI.LJJJLUmiit.ira
Hardware and Cutlery*
JAMES M. JOHNSTON, nt five sign of the Gold
en Aiu iA is now receiving and oilers to the pub
lic, a general assortment of articles in his line of bn
siness, comprising all household and kitchen furni
turo, carpenters’, cabinet aud coachmakers', bhjcli
smith and coopers’ tools.
Brass and Wire Fenders, of all qualities and sizes
ordered from the makers in New York and Balti
more, and received in t-m days.
N B Ciurtings of every’ description, say pof?%
j ovens, spiders, skillets, cct. at 3 cts. per lb.
oct 13-eots
Benntll's Improved System of Book—KeepTnir
rpiIB Subscriber will, (if a suitable number of' ptf
pi Is can be obtained.) deliver a Oourse of EtV*
tures on Bennett’s Admirable System of Book Keen
ing. lie lias been a practical accountant for many
years, has a general knowldge of mercantile business,,
in all its various branches, and pledges himself, tp
qualify any pupil, who may attend bis course of in
j structions, either in Bennett, or Jackson, for tly*
Ccunpting House, in twenty lessons. Bennett has
; greatly improved, and simplified,the mode of rccoru
i transactions, and is well adapted to the commerce
of the United States. lie will also give private les
sons a; any hour, and place, ns may best suit the lear
ner. Terms ten dollars. Those who are disposed
to acquire a knowledge of this desirable branch of
education, ^vvill please call, and leave their names
Avith the Editors, where a subscription papeT can be
found.
Satisfactory testimonials of his competency W’ill bo
exhibited. JOHN LEDWlDGEt
nov ld-ttc
' | i..c iuct s proposed acHUUJL wfll open on the 1st
January rmxt, and ho will continue to receive the offer <yf
l nptls, until the number reaches 30—that being his limit. LfiSt
the terms in his former advertisement may not have been no
ticed, l>c will repeat that they aro, £150 for the scholastic yflir
often months. One vacation only, will be given from tire 1st dT
August to the 1st of October, during which.the !>oard will bp
£25 for those who cliusc to remain I laif yearly payments will
be require'! in advance. These will <left-ay allexpcnces, except *■
Tor apparel, mending, books and stationary. The two last \Viil'
lie furnished, if desired, for cash, on as good feints as they can
be (trorured elsew here; while the mending can be do,re at a
very trifling cost by sempstresses in tire neighliorhood, who tvtfi
receive and deliver their elotires when required. The various
branches taught, and the methods pursued, will !re such as to
grve the Hoy.- all the requisite preparation fbr entering auv cd
the Colleges or Universities m the United States lint tlftjr
inoval education wiil be made lire primary and paramount oCtecl
of attention. * ^
N H. Direct letters (post paid) to the fulisenhcT at Rich
mond, until tire Convention rises; afterwards to KlnwtUttL
Essex county Virginia. Tire distances to this place from dm
3 following well known points, are 55 miles north of Richmond,
18 east of tire Howling, and 31 south of FredefScTtsbiir". The
steamboat Patuxent passes within 3i miles of it, every TtM«
day from Baltimore, and returns from Fredericksburg every
Sasun.ay^ JAMES M- GARPTfcTT.' '
I he hditrirs of the National I ntclligpncer and FrcrfvrtckiUurg
Herald, will please insen the above. •
Kim-Wood. Essex county-, Va. Oct. Ifl. yq_„.af
Subscriber nas concluded to remain
in this City, r-ad has removed his Stock to the
store ho formerly occupied, next door nlrovo IfcjllV
Central Hotel, and n few doors above tho Eagle Ho
tel, on fhc opposite side of the street, whore he sb1?
hopes to merit a liberal share of pntronom?. ] (is
friends and the public have had six years proof of hJs
ability as a workman, and he promises still to do his
best to give satisfaction.
He .has on hand a ftill assortment of English and
American SADDLERY, some common nnd sorro
of rhe very best, quality, and almost every art tele furt
abln for saddle horses, gig carriage or wngtp>n.
All orders from the cotri..ry will be promptly attenr
ded to- Repairs neatly executed,
sept 20-eots_ DAVID .TACKSON.
MAHMIAL’S NAL.il.—In purstninceof a decree n| tire
snperrar court of chnnrm'. hold™ at Staunton nr<J
nOttnced on the 17th «1ar of July, 1823, In a enure tWVe^
depending, wherein the administrator with tire wfll annexed l r
Nicholas Crugcr, dec’d, is Hniniiff, and John Sydnor adn A
end her at Dw of Richard Sydnor, defe.idar.l, «ill hr’sold ht
public auction, for cash, lu-fore H e door of tire Wayne Tavern
. Staunton, on Monday, the 23d day of November ne"^'~
following Tract of [ and, to wit: in the county n! flarnton j VA
acres on the waters of Mom creek a drib. f 'j-‘ m' i/v
1000 acres on a drain oflW v'.IW m rr*k’
he coiiuyv of Randolph, 1500 on tire waters r.f CaulW^J
if^k riyer'in^ »e Ur< '''"O acres on
y,L,. ' r- ’ V.0 !':* °nf r"S«rieek, v. a'rrs ot Klk r'vcr, and
1 n, 1 r , rrT.(_k. nn,j n t'ie county of .nV.-,
; “'e’r,n <llS river, a frrfmc.h of Shenandoah. j$J5i
].> or ih m".-, uorih we.-l of ''lam,ion. and 2440 ;.er.'« o., Q,,- >
mu Ridge and M,i! creek, a branch of the Owyasture riser.
for a morti particular dcrer pi ion of tire above mention d Mr.oj
rt-.fn nee mr.y he had i • lire tide papers fried in lire enu-r
net t.--3to GEORfJK f >'KR1|«]R M. S. < ; v. • :
f. r. r/.e, Au.v,. "r V