Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1813-03-08
FoR THE Aaous.
TO the President and Common Counci! of .he City
Of Richmond.

loENTLEMES,
IN the spirit of honest sincerity permit
me to ask, by what mode of construction of the
consultation and laws OF this commonwealth
or from what clause or clauses, single or com
bmed, to be found i'll those Instruments, YOU
profess to derive your powers of governing this
jc,ty! No love of speculative enquiry. gentle
men, has prompted this question. Feeling AL
ready the effect OF your authority, and pe-cciv
ing IN one OF your latest acts, the ready appara-
tns OF farther energy, am seriously anxious
TO learn, according to yoar own estimate, the
limit OF your charter; and what other whole
some reserves arc yet IN store for the people
By men hitherto accustomed to the benign and
! moderate spirit OF institutions, and &C
quainted too with the rights and imulunities
by those institutions secured to them, the ordi-
4 nance recently promulged by your body pur.
! porting to provide against accidents by IRE,
must be viewed with surprizc at least: nor can
at be doubted, gentlemen, that this experiment
OF yours will cost little more trouble in prac-
tice than has attended its conception; since
| the regulation itself is sufficiently vexa,ious
and oppressive to ensure the odium of the pco-l
| pie, and for this still stronger reason; that
every citizen but partially fulfills the requisi.'
tons OF duty, who fails to oppose ilcgaity and
4 usrrpation, whether in private or pubic cha
racter. This is plain language, and such as yOu
are unused 10, but either your own forgetiul.
ness or H.isaPprehensions, make il indispensi-
bic to tell you, that you have widely transcend
eel amy delegation OF power To the corporation
by the legislature perhaps it is not too much
to say, that this latter body cannot delegate.
such power. The right of property, thougi,
undeniably natural right, may stil, in LIS
present extended and improved enjoyment in
our country, be considered rs deriving many,
perhaps an equal portion of its most valuable
appendages from social Institutions YET, how
ever, we may couple this right With its relative
duties, whatever be the consequent modifica-
hate
the wisest jurists and politicians have awavs
/ considered its sanctity too high to be Lightly
assailed. They have provided that even in
their caprices shall men be INDUCED in their
enjoyment Of this right. +" SO great" says Sir
Mn. Blackstone, sis the regard of the. law
g for private property, that it will not authorize
" the least violation OF it; no not even for the
" general good OF the whole community. II y
. new road Tor instance, were 10 be made thro
'the grounds OF private person, it might be
extensively beneficial 10 the public; but the
law permits no man or set OF men to do this
without the consent OF the owner of the land.
50 In vain may 1t be urged that the good OF the
Individual ought to Yield to that OF the COM
mut'ly, for itr1souM be dangerous to ALLOW amp
+" private mas or e0eH any pubic tribunal TO
jHage Of fits common good, and &c decige IYhe-
ther az be es,oed!ent Besides the pub
= Inc good Is IN nothing moro essentially int
rested than in the protection of every midi
viduai's private rights modelled by the
municipal Jaw. In tins ana similar cases the
legislature alone can, and indeed frequently
does interpose, and compel the Individual 10
acquiescc But how DOGS It compel! Nsf
e" by absolutely sriA9ias the subject 81 lis pro-
| (" 0trfy in an arbitrary AlGaHer Dur o. .iSiAp
hi',l ri inqenlnifeanoa.o r rae injury THEREBY
Sustained Bia. CON- Vol. p. i3y.
! This is the common law OF the land, the
common birth-right and inheritance Of every
freeman ir the country, nay, every slave,
except so far as the rights of his particular
master are concerned. What, says theconsti.
tuiion OF the Y, s. art. z. " Private property
shall not be taken Tor public use without Just
compensation" Now, gentlemen, let me
turn your attention 10 the laws of your own
state, those laws OF which you are the crea-
f lures let me also beg you more seriously TO
examine and consider them in future. The
. | ACT of the Legislature OF january 17oS, con-
corning pubic roads, forbids, though for pubic
use, the opening OF roads through the lands of
, an Individual without rcimbursing him the i'll
| jury he may sustain thereby; and the act of
1892 concerning the erection of mills, &c. re-
| CURES similar retribttion to those whose pro-
perry shall be at all impaired by carrying into
elect the provisions OF that act. These 4. ain
} directions shew unequiyocally the Legislative
! intention on such subjects--they prove clearly
: when any power to affect the property of ano-
! ther IS vested, cautious care in the Lcgisla-
/ :urc to accompany such an mvestiture win the
securities and conditions OF the common law
in other words, OF natural Justice. But, as il
!. fearful that IN some instance an omission of
a this case should happsn, they have taken the
| broad maxim of Magma Charta, in conf rma ion
Of common right, and declared by the act of
1885, "that no freeman shall be taken or inn
| prisoned, or be disseized of his freehold or
:. liberties, or free customs, &c. but by lawful
!, | Judgment OF his peers, or by the laws OF the
land Now, gentlemen, beseech youto com
| pare the great tenderness OF private right,
marking all the sboyen entioned provisions
. with your own project, Of obtruding your Off
Ger and his workman INTO every private house
l. III the city, OF arbitrarily commanding whate--
: yer man may have constructed tor the con-
. yenience and comfort OF his family TO be de-
noished, and OF condemning ;he sufferer to
| pay the costs of your own mischief. This ma,
comport with your notions VI government and
public utility, but declare IT. and YOU NAV
e ind the citizens to declare, such practices il
o legal and oppressiyei illegal, because you have
n not authority TO alter, destroy or remove the
: property ot the lowest citizen in the common
= wealth, without an equivalent oppressive,
a iron tho wanOn constraint alone on the midi
Z vidual, and also because The poor man who has
= applied all lie could spare to the shelter Of his
= family whose dwelling is formed on the scale
OF ue cessity, not on that OF luxury or taste; is
% farther burtheUed, to meet perhaps the whins
" OF men whose plans may in themselves be use
less. The inequa ty and absurdity Of your
project is farther manifested, by IT'S operation
(perhaps exclusively on tic tenant, who, in
nine cases out of ten is poorer than the land
lord, and who is not tie person to be bene
fitted by any contemplated alterations suppos-
, ing them possibly bcne fetal. But, gentlemen