Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1813-12-27


ers reserved to the people in their original charac-
tiers, and they reserved generally wthot
ton specification because, in fact they are number
ess and therefore not susceptible OF either operation
According to the republican orthodoxy, every rghtfui
government is founded upon the of the natural
rights Of man. given il by his these grants
ought consist only of such rights essential to
the due operations of the government and ct such
most conveniently spare. The object of this
grant, is not merely to have government, but that
through the influence and agency of that government,
he may be in the enjoyment of his retained
rights. The retained rights too precious too es
sential to his happiness be granted away and are
generally defined to be rights unaenable 1t is this pre-
cious ana unaenable quality, which gives them the
pte>cmDence in the classification of rights 1t has been
often said that the right instruct sacred the
ark of the covenant What is the foundation OF its
claim to peculiar sancty 1t is because it Alright
uneienable. i. is because 1t rs retained and not
conventional right. 1t is because is precious
be parted with 1t is becauseit is exercised by man, in
his native, original and highest sovereign character
Once make it dervatiyc and conventional, and to be
executed by representation, will then be reduced to
level with any other derivatve conventional right,
and will at be stripped of all its peculiar charms,
oil all s peculiar sanctiticS Apply this doctrine to any
other unaienabe right that of thinking of speaking, of
choosing wife or friend and each OF them also,
when attempted to be invaded viii be found =" sacred
the ark of the covenant IL then the right of in"
structons be found to be proUThent member of the
family of unbelievable rights and to,be exercised by imam
in has original character and get at its exercise by
the General Assembly, in its representative character
it principle, involving right the exercise OF
all other unaienabe rights must protest against the
prlhcpie. IN my character of citizen, and in my cha
racier of senator can yield it obedience since
tends to irnplcate my dearest rights as citizen. To
cbviatc the principle asserted by the General Assem-
bly, the foundation of its claim underlined power,
two amendments have been introduced into the consti
tuition OF the United States recognising the retained
rights OF the people, and submitting he exercise OF them
to the people
The enumeration in the constitution. of certain
rights, shall not be construed deny disparage
Tiers retained by the people,"
The powers not delegated to the United States by
the constitution prohibited by the states
served to the respectively, the people,"
But the circumstance which has struck me with most
surprise in this part the reasoning of the General
Assembly is, that whilst it has previously labored
prove, only by examples from its own body but by
Calling TO its aid the opinions of British jurists and
statesmen, that the right to instruct, with all its
datory obligations is right belonging to and to
be executed by him in his native, original character
and OF course, IS right ralenabe thas here sudden
y D. differences and impl cions asf influenced by
magical wand, all at ames the RS hit, in the
same maaditory character an aenable, derivative
right 20 be executed by represent on in thereprcsenta
i've character 1t impossible have called in British
precedents upon this point because the principle OF re-
presentation by intermediate agency, is altogether
known TO the British constitution course dervs
ed from that principle could have occurred in that
country and that therefore British and urists
could have had any deliberate and decide
upon it. The quality of rights, according my under~
standing, never depeRdS upon circumstance accident
but is inherent the and character of the right
itself right unalienable, in its nature and character
therefore, cannot be made aIieuabe at pleasure
from circumstance accident. Of course right
retained by man. and to be exercised by him. in his
tive character, cannot properly be made derivative
and to be executed by representation, in the represen
tative character. 1t apperaed to from these
sideratious conclusvely to result that when the Cen
eral Assembly had succeeded IL proving, that the right
to instruct in its mandatory character retained by
the people of Virginia. 10 be execued in their native
original highest sovereign character, it necessarily
precluded The General Assembly itself from the exer
else OF the right. in its mandatory character
by representation in its representative character.
have not overlooked the cases put OF the ex-
traordinary exercises OF power by the General
Assembly, upon extraordinary occasions for the
purpose of inferring by analogy the right to in
the Senator'S in Congress, but snail avoid all OBJ
servatohs them this time not because they are
susceptible of the easiest solutions without deducng
from them any such necessary inference, any SUCH
ference all but because that would greatly
extend the limits proposed myself in the present
PLANTATION, and to necessarily connected
with it. shall remark, that if the right to in
struci in the Of my interpretation o. the term,
could be deduced from themsurely nothing OF the cha
of command, which the real point Of difference
between the two opinions, could be drawn herefrom
AS to the put, OF the General Assembly having
ercsed the rightO instruct the members OF Congress
under the old confederation, and by analogy from il
infer the right the Senators in the present
Congress; according to my judgment it is
prcssy point to prove that the right OF instruction
in relation to the Senators, is with the people in
their individual Characters and the General As.
semby in its corporate character Because under the
old confederation the members Of Congress not the
representatives OF the people in their individual charac
had busnesstO transact FOR them in the char
acter of representative but the immediate beneHs
ca agents, representatives of the state legislatures,
in their corporate characters and their ope
rated upon the state legislatures in their corporate cha
raCters and without their concurrence could not ope-
rate upon the people in their individual capacities at all
1t is scarcely necessary to observe, that the most dsn
gushing feature Of tue present government from the oG
confederation consists in the reversal OF all these ope
raions and consequences and in placing the people in
hos