Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1817-09-02

l.
II contains but one single provision ola
general nature,respec ting them.-!t mere
ly provides, that every individual of The
realm, shall be protected IN the free en-
joyment of his life, his liberty and his
property, unless declared TO be forfeited.
by the judgment of his peers, rs the law
of the land. Whilst the British Pariia-
ment, according To the theory ofthe same
constitution, is deemed omnipotent. and
the king can do no wrong or i'm other
words, that the legislative power can do
any thing; and that the executive POW
er can do nothing wrong.
AT subsequent periods something like
the admission oil rights in the people, may
be dlmly seen III some of The charters
granted by several succeeding British,
monarchs TO the American colonies ;but
III ALI these cases, including Magma Char
ter itself, the rights thus reco gnised, are
considered, us the grants OF The crown,
and not as the inherent properties of The
people. The American constitutions NAV
econsnlefeda stlie first praclicsiatienipis;
oil founding governments upon The princ,-
pie, that all rights inherently belong 10 ,.le
people; 81 that certain portions only of
| thoserights are gwen up by thciryolnniaiy
consent, 10 the government, as The sole
| foundation OF all righlful political power.
IT cannot be presumed, that the detiniti-
! on OF these divided rights, can already
| he rendered complete and perfect in the
| United States, because there has not been
time sufficient, 10 effect SO great and so
difficult an object, however great and
jealous may have been The talents EN-
| pioyeG for the purpose.
| Ii then from time immemorial, govern
ments have been presumed TO possess all
rights, and the people none, except in the
| United States that they are both omni
| potent and iniallible, can it be deemed
matter of wonder, when The sanction of
| governments was given 10 the doctrine of
the priests against usury, that the people
also should, even without enquiry, weld
to their homage and acquiescence, how
ever absurd IN itself, and injurious to their
interests and may we not find in this
ablect homage and acquiescence, a Sc
condary cause cooperating powerfully
with the original causes in favor Of the
continuation of tile laws for the preyen-
ton of usury ? 1t is then thought, that
tins doctrine of passive obedience, and
non-resistance, which has itself received
the appreciation OF ages, must have had
great influence III the continuation of its
kindred doctrine against usury, and this
agency will be rendered more certain and
influential, when it is r,coIlected. that
the doctrine itself precludes all enquiry
INTO the good or bad tendencies OF go
vernmenial measures the bad, as we'll
as tie good, becoming perfect, from the
periechbllity accorded TO the govern
ment ordalnng them.f But whilst il may
be admitted, that this bind devotion TO
church land state may have the tenden-
cy aScrbed 10 it in other countries. in
which II exists, II may be asked, how the
! reasoning VIII apply to the United States.
In which II does noteXist: and in which.
tree enquiry upon all subjects is univer-
sally permitted ? Ii is answered, il has
already been shown, that the people of
the United States are by no means ex-
empt from their prejudices; that the pre-
JUDGES IN favor of the usury laws, by a
long course of Transmission, have become
habltuai TO them, as well as to other peo-
pie; that like other people, their adhe-
renee TO preIudices, Is not easily broken,
| and that the enquiries into the tendencies
of these laws have just commenced. The
effects OF these enquiries, therefore, are
not ascertained and some time longer
may yet be necessary for their ascertain
ment. no rejecting, impartial maa, how
ever, can doubt, but that they. will even
tuate IN the absolute contempt and to-.
tai subversiOn of the whole system Be
cause, ii is believed, that such system IS
proven to be utterly irreconcilable to G.
very dictate of truth, morality, Justice and
policy. Besides difference highly ia
vOrable TO this result, is disernible i'm the
mode OF making such enquiries in the u
nited States, and III other countries. evil
IDENTITY arising from tie difference in the
fundamental principle OF their respective
establishments. 1t is remarkable fact,
that after the principle ofthe laws against
usury had been lying almost unnoticed
tor above a century, that cotemYorane-
GUS enquiries should have commenced in
Russia, @. Britain and the United States,
INTO the tendencies OF those laws nor is
the difference in the manner of making
these enquiries, less remarkable, than the
coincidence of their commencement
Under the two former governments,
grounded upon the principle of omnipo-
tencc and perfection, the enquiries have
been confined merely TO the policy of
such laws, or III other words, whether the
laws are or are not, calculated to answer
the objects OF retrospective governments,
without questioning the right of govern
ment to enact such laws. In the United
States, the enquiries have extended TO
the right OF the government TO enactsuch
laws, or IN other words whether by such
enactment, the government does NOT
trench upon the reserved rights of the
people, as well as into the policy of such
laws when enacted. The argument, there
fore, applies TO the political Institutions
| 1t might afford both instruction and amuse-
ment to some, to be reminded of the circnni-
stances attending the first Introduction and IL
nal CONFIRMATION OF this great charter.
"This charter may he said 10 derive its orr
| Gin from king Edward the COniessor. Nyitn