Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1824-03-23
o THE WIG
TO TIE PEOPLE OLE NIEEINIA

~ HE PEOPLE OF VIRGINIA..
In performance of what / have undertaken, in a
previous communication, fellow-citizens, now pro-
pose to present to your consideration, one other
law. the unconSlitutionality Of which | shall cndea-
your to substantiate; and [ trust, I shall succeedin
proving, that this, and all other similar Il TVS require
the interference of the people, and tina, for these pur-
poses n Convention should be called.
In the winter of 1925, your LcriJatur euact-
ed a law authorizing "a sale of free negros in certain
cases, wh'ch l must undertake to say, notwithstanl-
ing the hlsh Legislature authority which is onnosrd
to me, is as diiecf, and uneIuivocal ii violation of
The Biil OF Rights, as ever was heard of since the a
doptIon oil that great Stale paper.
What Is the language of the very first clause p
" mat all men are by nature free and independent.
ana have certain inherent rights, Of which, when
they enter into a state of society, they cannot, by
any. compact, deprive, or divest their pogterity,
namely the enjoyment of life and Ebc-ty, with the
means of acquiring aud possessing property, and
pursuing and obtaining happiness and safety."-
NOW let US examine the act alluded to, and see if
the position | have taken he not correct fit is IN
TINS effect, That If a free negro or muiatto shall
hereafter be convicted of any offence heretofore
punishable i'll the Penitentiarv for a term excesd;rg
TWO years, they shall be punishable by stripes, and
liable to be sold and transported as slaves.l
Cahl II be necessary to utter another syllable, or
advance one argument Must not the unconstituti-
onality OF tits act be manifest at first sight TO every
nan of ordinary understanding, or of the least dis
comment Z" that all men are by nature free, &c. that
hey have certain inherent rights of which thew cam
not he deprived, among which are freedom. Sc.n
why liberty IS one Of the very rights of which the
Bill of rights speaks, and of which we cannot h. de-
prved or overwhelmingly when once obtained.
no matter whether by purchase, by emancipation or
by lnherltance, cannot be taken from the yeriest
wretch that walks upon the earth, by any coupact.
or legislative act. 1t is true, as some have said. thar
hee negroes nave never been recognized as citizens
OIL inns Stale; that is, they have not been entitled to
vote at your polls; they have not been entitled n
seats on your juries; nor have they been entitled 10
hold any Offices under government ; if this consti-
tutes citizenship-but they have been recognized as
Tree men-their liberty has been acknowledged and
their rights and privileges have been declared in
every penal act upon your code.-If any man can
maintain or prove that citizenship and freedom are
SYNONYMOUS terms, and SO intended by the trainers
OF that paper, then will the question be settled.
lhcse are facts which have never been denied.
until now that representation in the L gislaturc has
become a matter of such perfect Indifference, that
men are chosen, some who are ignorant of the ex-
iStence, and others who regard not the Constitution
OF your country and the Bill of Rights, which has
been handed to as by our forefathers, and which, I
nope, viii continue to be handed down, uncoltami-
mated and hviolate to generation after generation.
Can any one point out to me, why The Legisla-
ture oil Virginia have not the same authority to en-
act a similar law III relation TO white men? To sell
yourselves and poSterity as slaves, and transport YOU
TO a foreign land! But this you would cry ont was
monstrous, and you would rise up in arms, rather
than submit to H.. Yet, if the power exists in the
Legislature to violate your Constitution in one case,
1t exists in another.
II the representatives and servants Of the people
have supreme controul over this land, without a
check, then I say, it is time for you to meet and inn
pose SOME check. But, the check does already ex-
ist, and its disrcgarded and disrespeclcd, it is tram
pied under foot, and covered with dust-and new
ana young politicians attempt TO supply its place
with their own fancifui maGinations.-These ag-
gressions are committed by the very men whom YOU
yourselves have selected, and who have themselves
sworn to support your Constitution. o! blind and
infatuated Virginians, what confidence in your re-
pTeSentatiyes! Does the wisdom of the country in
crease with its years? Are the politician MS of the pre-
sent day better qualified to prescribe rules for your
safety, happiness, and prosperity, than were your
Henry, your PcndletoD,W Wy the, Randolph, Lee> Ma
son and a host of others who have passed off the
stage OF life Il indeed, it is well they should
be allowed to scorr your &" Bill of Rights" But this
Is not the case, their places, rely upon it, cannot be
supplied at the present day they were men most
cnttnenAy Qualified for the services they had to per-
form. IL would appear as if Heaven itself had ex-
erted its mightiest power, TO furnish US with such
men for the days in which they lived, fer the glori-
Gus struggle TO. independence. Then suffer not your
Bill OF Rights, framed and adopted by your forefa-
theirs, for your'usc and benefit, to be traupleJ on Inv
boys, or by men who are ignorant of its ro1ne.
Having heretofore spoken only of the viola lions
OF the Bill OF Rights, | propose next TO consider tine
alteratiousothat might be made with advantage in
the Constitution.
And, as has been observed by the Editor Of this
paper, sit is no dcrogation to the trainers of the
Constitutions, to suppose that that instrument car
be revised with much advantage'-that nurnberlcss
and Advantageous alterations might be made, for the
state OF mems minds alone at The period OF It's adop-
ton Us argument sufficient 10 prove, that no ins;rt-
mcnt could have been formed perfect, at that time
aud DOW that We have tried its effects ard OPERATE
on, and find it selfcyident that impor;au, CHANCES
may be made, let us, in the name of common sense.
resolve to adopt such chnges as tae wiscst men of
the country should think Gt to propose in Gonyen-
ton.
MUTIUS.
CoHEN's OFFICE,