Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1828-03-25
VIRGINIA. LEGISLATURE.


III Smiths second Speech n, the Senate of Pr
Slnlo on The Contention Blu
kc1narks OF Mr.. Smith, in the Senate, in oppo-
stion TO Mr. Cloplon's amendment (idoptinq the
a'h section oil Mr. DrongoOe's substitute and
requiring the whole number of lreehoIders to be
ascertained) and in explanation of his first re-
marks.
Mr. Smith rose and said-My object in rising at
uS late period oil the debate, is merely TO op-
pose the amendment of the gentleman from New
hent (Alr. Clopon) but to defend nv positions
lgo'n the assaults which they have encountered in
theprogress of this discussion 1t is necessary for
me to claim the indulgence of the Senate, while |
SHAH cndeaVor 10 indicate the true intent and
meaning of my former arguments and to remove
from them all possible instrumentation
IL appeared 10 me, in the threshold of this debate
Inat many OF The opponents OF convention en-
fcrtaincd the fallacious idea that minority have
no rights, or, in other words that majority have
aight TO Cypress minority at H6itt,nl ct dd in.
JiRtun ] attempted 10 refute this fallacy bv ad
verting 10 the principle Of the American Reyolu-
lion, that IN every government taxation and repre
sentatlon ought TO be inseparably united To pre-
vent all doubt or misunderstanding, beg leave TO
safe that my construction of the principle on
which my whole argument was based is this that
The citizen should not be bound by laws to which
ne mas never assened through the medium of re-
presentation, and that taxes should be equal on the
same species OF property in every part of the Com
monwealth. adopted the principle not in refer
cnce TO freehold Or universal suffrage but to prove
The same degree Of political power
with respect TO taxation, it is manifest that the
principle here assumed must, in its practical one
ration, be necessarily productive of Inequality TO
a greater or less extent in every county and seq
lion of the State. One individual for instance
may be the owner Of hundred slaves, while an
other Individual in the same county possesses none
a tax on slaves would, therefore, operate with
great inequality on the two individuals whose cir
cunstanceS are so widely different, but the tax
would, nevertheless, be Just and equal because
aFlthmeticAl precision is not 10 be expected in the
special application OF lgeneral law, and the prac-
ical inequality would be attributable TO the yolun-
tary act OF the stakeholder in accumtIlatipr one
description Of property in preference to another.
And although this inequality might become so
Gross and oppres i've in particular section of The
state as TO call loudly for redress yet that redress
would be mere matter of cxpediency and not .
matter OF right, because il would be no violation or
The inherent rights OF the citiz"n Ityould there
lore, not be such grievance as would sustain n
minority against majority principles Of abstract
right so as to eniitIe the former to the remedy by
constitutional reform
But the gentleman from New Kent insists that
10th the power and right Of reform are lodged
with the majority, because they must be lodged
somewhere, and cannot be vested in the minority.
for that wouldcontradct an axiomi in government
10 this singular process o! reasoning the answer
- obvious. Ii il be meant that power and rjrht
must necessarily be united in the same poIitiCaI
rbdy, IL IS then, $50 far as it can operate ON fba
SuJeCt O ucDatc) equivalent 10 an allegation that
tho majority have right to do wrong and that |
the tyrants Of the old world who have the power. |
must also possess the right ooppress their isera
bic & enslaved subjects.
10 me II appears that the question oCrirbt. has |
no necessary connexion with the majority or mi
Dority, but depends on the original principles oftbc
social compact, which have been greatly u,iscon- !
eeived by the gentleman from New Kent when |
ne asserts that abstract right belongs TO man in his
individual characters in state OF nature and that
alter he enters into state of society, his RIGHTS
arc no longer individual, but political l. dependent
on the will Of the maority.--What let me ask is !
The real nature Of the social compact as settled tv
the best writers on government IL is a contract !
entered into between the sovereign and the subject
that IS to say, between the people in their soye- |
reign character on the one hand and each citizen
IN ms Individual character, or the other whereby
Tie latter rclinquishcs 10 the former portion Of
MS natural rights IN consideration Of being project
e1 IN The enjoyment Of the residue. The rights |
thus relinquished, may be called political and
SUBJECT to the will Of the majority while those re-
TIMED, are strictly inherent end superior even
20 a constitutional charter. An invasion OF the 1
i3tter, resulting from constitutional defects must
therefore, De Followed by the right to constitutional
But, in reference 10 ulc actual submission ofn,e
question Of convention 20 the will OF a fuaorifv
of the irecholders, The gentle Gan from New Kent
earnestly contends that we must ascertain tbeir
Will clearly & equiyocay without Inference OF
presumption, Tor which purpose we must have not
merely The names VI tie voters, but Of all persons
aHtH"t TO vote. Does not the gentleman him.
3 ~ 10 hsrcsv or-rr rs o. ,i'tch rcnrobatcss!