Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1825-09-30

We, : ,,;v;sion Of rights, Tito natural and con-
c..,,,,,,: aud classes the right OF property, with
Unconstitutional rights. Hear him in his own words:
T,,,.rs IL no such thing perfect absolute right,
H., =, those things which the gift of nature,
E,ch rs life, liberty, strength, talents, personal
.,,,,v Sc. The right TO property is merely con-
s.,oo,l. or conditional" Again. The right
,roperty il, therefore, conventional right; and
hc public grants title to property in derogafion
es,he pub.ic weal.' The author here admits that
here are natural rights; and that the right of life,
one of those natural rights. The writer would
,ouire of the author, how lac came by the know
dre that the right OF life, is natural right? From
Chat sanction does he derive this knowledge? II
,,u;te probable, the author has never bestowed
;,ale thought upon this subject. The writer knows
.,e b,t one sanction for this knowledge. It is the
,,;,,rsai consent of all mankind, derived from
.be moral sense:--the innate sense OF right and
,..rors implanted in the human mind, by God
;n the creation Of man.--Ihe writer would en-
oure of the author, how he came BY the knowledge
fiat the right of property conventional right.
4 What is The sanction Of the derivation of this
rnowledges In what does it differ from the sanction
no the natural right of life: The writer knows OF
fI5;stincion in the character of these rights, in
V,he sanctions from which both are derived The
l,nirersaf consent OF mankind, grounded upon the
ALnoral sense The right of property then must be
Ha natural, and not a conventional right, and the
o,,bor must be mistaken in his elementary prnci-
niles, and consequently in all his deductions from
fbem. The author Is lawyer, and lie would proba-
bly say, the great law luminary, Judge Blackstone,
told him that the right OF property was a conven-
tional right. But Judge Blackstonc's coinmenta-
tor Mr.. Christian, with all due reverence told him
bettef. Judge Blackstone was high court writer;
and was probably led into this most error
from his alarms at the consequence OF the true doe
nine, upon the omnipo,ence oil the British Parlia-
men; that the right OF property is natural right;
cr,,, - lief ha Il hat
The author has followed tie great of his great
pototy pc; least lie too, might fail in establishing his
fayoIiie doctrine, tie onnpoience of his g nation
ala government, " one and ndivisOle." IL is sell
evident, that both Judge Blackstone and the author
are utterly mistaken in bis great fundamental point
Ii previous 10 any social compact, one man had\
possessed himself of particular SPOT OF earth BY
occupancy, and had lar improved it by the labor
OF his own hands, rs to have ma ured crop upon
il and If stronger man, to Gisseise him OF il
and 10 take the crop rom him, which had been
matureG by his own labor, such forciie disposses-
sion would be deemed wrongful by the universal
consent OF all mankind and that the wrong oil the one
" ould consist in the violation OF the right oil the
other: and this right, thus wrongfully assailed, J
would be right Of property derived from nature,
which would denonstrabiy prove that the right OF
property is natural aud not conventional right.
Suppose another case---that In state OF nature,
one man had cut certain ees of common forest,
and had appropriated them TO his exclusive use, byi
building hut with them for his comfortable resi-
dence, and stronger man ioTcibly expelled the
builder from it and occupied il himself would nnil
this act be co. demned as tortuous by the UNIVERSAL
consent OF all mankind? Could there be any more
doubt OF the toruous character of this forcble dis7
possession than there would be of the toruous aqt
Of taking a mans life? And would not this univer
raj form the true sanction OF the torluous
character of the act as well as OF the other,
Oh NM tho violation of the RIGHTS OF bOlhf
Are OF then, both rights OF the charac ter !?
Are they no, both natural and COW entional
rights? The writer is not unaware that certain me-
,aphysical spectators have denied the existence OF
: the moral altogether; and have with great
sublty and ingenuity, attempted to prove that the
sense Of right and wrong Is not innate, In other
words, is no. derived from nature bat from educa-
A ton and habit which is second nature With these
me Apply steal specnlations the writer at this time
has nothing to DO. He is engaged in the examine
ton of practical prnciplesnot speculative theories,
which If ever true, oud not have the least effect
upon The practical operations OF the principles here
asserted. Ii is perfectly immaeral all practical
purposes whether this univ ersa be derived
from first or second nature. He will therefore
proceed, put the principle, that the right
| of properly is natural right, upon practical
4 grounds which at once unquestionable and OBJ
e iieatory. These will be derived from the solemn
declarations and fundamental laws of the U. s. and
OF tne seVeial states.
Extract from Tie declaration of rights, T1gi-
mia, 9Th MAY, l776, before the Declaration of
independence.
That all men by nature equally free and
independent, and have certain inherent rights, of
which, when they enter into state OF society,
they cannon by any compact, deprive or dvest
their posterity; namely, the enjoyment OF life aud
liberty, with the means Of acquiring and possessing
property, and pursuing and obtaining happiness aud
safety
That all power is vestedin, and consequently
derived from the people; that magistrates are their
trustees and servants, and al all times amenabe TO
them
6, That government is, or ought to he, instituted
for the ,c:hmon benefit, protection and security Of
the people, nation community
Z. That no free government, or the blessing OF
4 liberty be preserved to any people, but by
firm adherence to justice, moderation, temper ance,
i irugaii;y and virtue, sndb by frequent
fundamental principles"
The rest OF tese solemn, imperative obligations,
will he found in the Declaration of Independence,
made by the unanimous consent of Congress, the
4ih July, l776, IN the following words:
I'VE hold these truths to be self-egident; that
all men are created equal; that they are endowed
by iieir Creator with certain ulaiieudole rights;
that among these IRE, life, liberty. aud the pur-
suit Of Happiness; that to secure these rights,
Governments are instituted among men, deriving
their isist potoerS from The consent of the govern
ed. The next, which is essentially obligatory,
will be taken from the TIN amendment ofthe Con-
stitutioD, in The following words: " Nor (skall any
rerson) be deprived OF life, liberty, or property,
WITHOUT due process of law; nor shall private pro-
Z ferty be taken FOR public use, without just com
pensation."
Extract, Massachusetts Constitution.
All men are born free and equal, and have