Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1827-03-01

versi6sd cases Hence, toe necessity of judicial
growing out of the executive department; and
hence the obvious duty of the judicial department
Will be seen to consist in ptopounding the law.
and applying its meaning in all cases which shall |
be Brought before that department, for the purpose
OF enabling the executive department to execute
the law according to its true meaning and intent,
But, this departure from the strict technicaIity of
political science will end an ample excuse, If no,
justification in the importance of the judicial de-
psriuent ITSELF Here then are exhibited the four
great Dorc pillars. upon which the Virginia Con-
siiiu ion Is founded. Permit me now, Mr. Speak
er, to examine, more infinitely, the peculiar struc
ture and organization Of each. First then, an 10
It's foundation land, and the of the
freehold right of suffrage. To present clear view
OF TINS very important subject, will be necessary to
look INTO certain great first principles. and to
certain the original ends, and objects of all lepti
mate governments. These ends, or objects ought
10 consist o: three. and no more. First, protec-
ton 10 the society from external violence or what
Is generally called, the sslus popul. Second, the
protection OF person. Third, the protection of
property. These are all the ends for which legit-
'tna,e governments are instituted. Before pro-
ceea TURNER III more minute analysis of this par
ucular case, ii will be necessary to PREMISE that
a" that can be done by fundamental laws, is to
select some great principles from nature which in
good moral tendencies Fundamental laws must.
IN the very nature Of things, be general in their
character and operations, and all their beneficial
enects 10 society must arise from their good
moral tendencies. Here then, is a government
rounded upon representation, having two great OBJ
nSations IMPOSED upon it land OF course two great
duties 10 pe'orm--to wit. the protection of per
son aan tue protection OF propcrty-The sslus po-
pun not being brought into question here as having
per qualification OF the voter for carving into ef
ect this priacpe Of representation so to ensure
10 the government the means of enabling il to
u'schaISe po'h its obligations, and to perform both
ITS duties. Ought not The voter 10 be so qualified
as TO have direct interest that the government
should perform both these great duties, Would
any qualification tend to produce 10th of these srea.
euus' wnen the voter was only interested in the
accomplishment OF one Of them! Still less SO,
when the qualification would give the voter a d
rec' interest that one OF these ends should no, be
accomplished? Or, in other words, admitting that
'he outy OF the government is to prot ect property
as wen as person, ought not the qualification of
| the voter 10 conss, ia the possession both of pro-
pefty and person? IL that case its uniform and
necessary tendency would be 10 produce the uro-
'eeiio" ooth OF person and property. In the ca Sc
OF nos having both these qualifications the uniform.
natural tendency OF the want of one Of them ouI,,
be, TO protect the rights of person aud DESTROY the
tights oil property and of COURSE Strip the govern
ment OF the essential mems to perform The great
o"'y OF Tie protection of property But, Mr..
| Speaker, this is not all. The duy enioined upon
,heeovernmen' tonrotect property is mu ch more d
ncu In Its execution than The duty to Protect person
ne io'e OF dominion over person has been almos,
entirely swept away with the feulal system: wbiIs,
'he oVe OF uominion over property has become sui,
sttuled Ia ais stead S 10 almost universal Yes, ii, :,
IS this universal passion of avarice which calls or
me restraints OF government, aud which, il fird, Tho
greatest difficulties in furnishing. So much an
that IN perfect protection of property would he
| iound' almost perfect protection of person Ru,
SIR, The JUS ice the qualification Of proper,v no.
been questioned II the charge of injustice ~
! immortality can properly be spplie: TO this ou,i6 !.
c'uon' the proposition IN favour Of it should in
SANITY drop from my hands No, sir, am no,
one OF that tribe of Machiavelian politicians ~ h.
Justify the means by the end: / pe,emnto,;,
deny that any end can be good which eoui, 60 in,
moral means TO eject it, Ard upon these or;rc
| pies, contend, if The freehold limit of the r,b,
of suffrage be not the oniy just one that i, is ehs
The only :Just and at the same time scientific ON
maj has ever been devised. Can any ,bing he
more JUS, wise and rational than to require oil III.
qualifications of the voter which are uecessarv -
produce az the ends, for which the vote is to he
gwen: Can any thing be more just. wise. mr. ,.-
, honai' than TO require such permsnen., con,mo,
attachment to the country, ~ emphaticsIx coI,
ed Tor by our fundamental laws? And can ,nv
evidence De 80 strong, as that which arises f,om
the Ownership of the soil? WILL proceed NJ
Speaker, with the illustration of this min, hy .
supposit!ous case; not one far. fetched and ex
! "a'aeah'' out one In familiar use, and OF every
u"y occurrence suppose mex camille psrtnership
10 ne formed, consisting of three partners-A. y
ana O-and that the articles OF partnership hs
considered as their constitutional charter. Sun.
pose the mental and personal endowmenis of ,ts
ihree partners to be precisely equal, bu, in sddi.
,ioh 10 a mental and personal endowments b
bad the capital, forming the input stock of sIo0 :
0oO; whilst 3 and had not a cen, S,a,o,
instead OF making some security for the div rs
the mercantile profits OF the iuput stock. in tbs
articles oil copartnery, or the constitutional char
er ne were TO leave 1t 10 the principle OF eencrt
suffrage. How much do you suppose would ~.
voted 10 him by Z and G, for the use of his mn
hey! DO you suppose that he could REASONABLE,
expect more than an equal portion in the diyisio,,
o, 'hese FRONTS, upon the genuine PRINCIPLES of
HoeTfy ana equality. as the legitimate otfspr;cc.
OF The principle Of general suffrage? The pa,,,ss
ship being ended, and the division of the ;n,,,
stock being put in question-ousht not a "a
mink himself very well of TO get one third of b;s
own money! AND suppose Il, besides bis input
STOCK, 10 lie worth $50, 300 in other ptonaf,y
whilst and were worth nothing: could he rs'
so"abiy expect any other result than that h AID
Z would vote the whole S 100 600 10 ,hemselvss
leaving him noihing! This would be the CO..
essence Of the exercise Of The right of general
SsHGroge, grounded upon ITS otcn genuine .,cc,,.
har principles IF liberty ind equality o,nongst
dH mankind But, would j, be founded in 'te
common and ordinary principles Of justice and of
morals! And would not have ample reason 10
roget that ne had failed TO secure himself az aims,
th' result by the constitutional charter? Would
oe nor JpS,iy nave to reProach himself for his