Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1824-07-09
ron TIE WIG .


proposition, to wit, shat Virginia ,,,ny so modify
the mere carter fhcr government, as-ins,ead OF
lmpatrins-to give expression force, ixcslness aud
durability To the principal linen of her Con-
s'ituuon. 10 prepare for doing so, it would seem
cxpcdient to acquire distinct percepton of the vn
rious parts; aud OF their consruity or incouvt,v in
constituting symmetrical whole; and for this pur-
pose to bestow some consideration ON this charter
and these linca'nents. Thus tho original intent, its
vi IN execution; the species of failure,
u any; aud ITS remedy may become known.
Attention is,howevcr, fest due tn, the Dcciarat;-
Oh oil Rights, tile basis of the Constitutions and TO
sne occasion and act, which induced its existence.
ne occasions TO be fund in the atmnistr,-
ZION OF governmentby Great Britain, which Viz
h'"'a eSper'cnced,Ain tho resistance to which She
was provoked Their civil rule being dissolved, the
people were Except far necessity or habit in
sefvenetD restored to what would have been their
JUST condition antccedcnt society. The coca sion
and crisis prompted to the act. The act was to be
-tne abolition OF an old,-tho institution Of a new
goretnment For this AMI othSi purposes the pc,,-
pie met in Convention by their tiv,s ho-
sen by the owners of the soil, nisca but clearly on
behalf of the whole: To vinilicatc ths grave act
"a warn and guard against tho recurrence of a like
occasion through the NAL administration of govern
Rcnt, became an affair of great interest Hence
resulted the Declaration of Rights.
Ahe Convention, mot di,iaining to profit by tn.
experience OF other tines lookci, with regard tn the
matter ana nanner of the Declarations ut the Great
Charter of Enslaud, aud particularly her Bill of
Rights at tie acce sson of William the Third and
transcribed from each what was adapted 10 its pr-
posc Bat 1t went further II dreaded not tn scarcl,
gut the true foundations of human government
And to seek the submits ofit perfection. In its clc-
~aaon u made bold and noble progress and so Sc
cured the heishtto which it had attained that f,om
", as from sure hold after season of respiration
the march might be renewed.
Thedeciaraton, rs an argument, ut once, ae ainst
England and her Observation-Disclosures for the
urso Of Virginia and her contemplated scheme of
snverntcnt, contains ia its sixtee, articles bsi
assertion nj rights, deninciation of wrong, and
an enumeration of cyp,dents for the general sccu-
Sty ut person. liberty and property; and To .vcnt
political rule from being parvtet to individual on
Ptession. IL does so III variety of particulars
II presents to notice, Inherent unaenable rights of
man; ot which, when he enters into society," ne NAV
not deprlvehis posterity; and political maxns al
ways and nvariahy true. II asserts the lust and
true ends and objects of governmcnt.thc duties OF
persons exercising it-and the right of the pcoplc,
without any qualifying attribute, nay. of u mere
majority to reform, To abolish, new create, it,
IN stating what gives to the cxactions of society
faeT moral force to Law its just obligation il as
scrts n3 acally, tho ri sit Of each in iividuu 10
be party. in person or by representative, 10 any
AL every law, Which is Ia a,Icct'hs person his
property. But the practical application of this
right is qualified by the mode of expression: for it
asserts, shat all me having sufficient EVIDENCE of
"pcrnanent common intcrest with, and attachincn,
"to, the community, have the right of suffrage"
With marked regard tn the Democratic rcpre sen-
tative government about to no cstabli shed, il re-
cognizes legislative, executive aud judiciary pow
CT or department necessary the essence of so-
rcrnment. 1t disnllows the hereditary transfer of
public Office, einolumcnt privilege, as founded
ON considerations purely personal and not dcsccn-
IL aud, silent TO the duration of appointments
10 the judicary,t ASSERTS that the appointment of
persons 10 exercise the other two great powers of
government ought, as defence against the abuse
al these pawerS TO be frequcnt Aid for ,cd periods
81 as to cause the appoatccs To he, from time to
time, returned to their prior private condition.
asserts the right TO freedom of elections, othc
Emi of religious opinion AMI worship;-she supre-
macy Of the civil power the military - and the
superiority of the ancient trial by Jury over cycr
other mode i'll the trial of public accusations a.
gain't, or controversies between, private persons;
and il secures to persons sod Of crime peculiar
privileges,
After reviewing the Destination Of Rights, where
at what preced.s il iatsnded. abstract and
summary exposition, although the enumeration of
rights be defective, andh may arrosate to itself
the pcrspcuity aud logical precision of later pro-
ductens oftle kind; yet is il distinguished by visour
of thought, and from its excellent matter, may be
deduced the following principles:
j. That ju tice and right, as applied to prcdi-'
Gated Of man, result from his nature and relations
independent Of political socicty.-2d. That m n
have nhcrent rights the gift of the creating power.
which, while not Infused, their whole society may
not, WITHOUT injustice, violate. 8. That to maiu-
tain individual pcrsoDs in their liberty, innocent
pursuits and enjoyments; aud property, .in its
rghtful ssen and usc safe and secure against
fauI aud unjust force and restraint; and to secure
10 voluntary honest contracts cifectual performance
according their true import and just obligation,
as the main ingredients of the Commonwealth
the chief end of governments, which all lit means,
objects AMI other ends subsidiary and subordi-
nutc,--i. That the Interchangeable of persons in
tst.,tn
v,rnment implies law, Common rulc for persons
aud property; ani that to popular representative
government, three departments witt, distinct pow
css, separate and Independent Of each other, are
nncesslry;-one to giyc-ln sthcr to judge-and n
thirl to execute the law.-G. That popular go
verncnaa;, tn be efficient, must be confdcd to aud
eSeTclsea b. agents or representatives of the sover
ei.,n, duly appointed by its ncnbcrs, who. capable
of chusng. to- that end regularly authorised
z. That tacse trustees of active public power if
long continued in its exercise, prone abuse it,
n That the judiciary, the middle power between
sAc Legislative and Executive, itself fhc weakest is
ihe mean to connect the system and preserve the
two other powers iu their oT5its.-9. That the law,
binding all and rule to all, ought 10 be equal to
all, an to have the assent express implied Of ALL
These principles, il is thought, furnish basis, ON
wseh to construct free, popular, representative
government purely democratic and republican. Il
remains to be cnt,uiIed, bow far they have been "a
dop,ad nd how far il at all, abandoned in the cx-
listing form OF government. Such an enquiry is
contemplated. But having now, tn the extent
deemed necessary the writers purpose, consider
Ell the Daclaratjou of Rights, tie Baxt attention
will pc given to the form Of government,
:" : cIvIs.