Virginia advocate. [volume] (Charlottesville, Va.) 1827-1860, 1828-07-12

about as pertinent to d. Auterives claim as Collev
Cibbers apology on the same subject shall mas.
over in silence, to proceed the last of the I;,
MIR. BURGESS, the leviathan of Pawtuckct. whose
speech occupies space enough to enti,Ie it 10 be
placed the same shelf with the two nc AZ
SToRDs and the one of Mr. MARrINpALe.
MIR. Il. occupies, his head quarters. from
which he makes frequent excursions. the same old
ground ofwan authority to take the slave against
the consent of his master.
1 ms he frst arrives at by calling such tak;no
an imprcssmcnt and then arguing, from view Of
TIE passages oil the constitution which create tho
power to raise armies and organize the mlitin
that these convey no authority 10 raise armies and
militia by inprcssment
a second process is,-by asserting that there *
no provision in the constitution autborx;no tho
government to enrich itselfb taking tina pro,,crtv
OF citizens; and that the true meaning OF the
constitution is-"propcrty cannot be taken bp,
by payment"
For this discovery that power to take pro,e,,v
under the condition of making " Just compensa.
uoh Tor II, is means OF enriching government
kind eo "a ''a"'
second ground for his determination 70 vo,s
"Snns' -tu,er'c IS, the circumstances under
winch the taking took place, were not of that er
trrmc necessity which is requisite to Justify cn.
pressmcnt.
h'rd Is--a view OF the items Of the account.
,Ve"ty jo"r dollars for physic fifteen dollars for
loss OF time; and too hundred, for deterioration
his ground, 1t seems, he does not think it nec.s-
sary 70 rednce to any great degree of yspeci6ca.
s,oh. ne only wishes every gentlemen 10 ro-
iiee' on these charges" and to reject the amend
l'eht; leaving the abstract question of slave
property exactly where il was;'' for the .oye,t
point IN the case is " the deterioration. and to
give compensation would establish prcc.dent
"h,ch VIII give every owner of such proDerty a
right to apply whencve. deterioration shall talo
place In the public service"
! A.J0HrM-the making of con,,.ps,,;on ror,d
| Involve recognition enactment os Ie ev,ro.s.
70 ---tnat the man is Il slave g. C. propertvl but
'his would be TO intrude on state i,irisdiction
| rms is degree oftenderncss ,ruly admirable !
winch shows Mr. b. to be what no ono would o,sa
nave suspected-an ultra state rirht man On ths
same principle, payment for n horse would involve
an 'Ine1ae' mat the horse is property and this
| INC reuerai Government have no authority ia
make seeing that the subject of meum and mum
mas not been committed to them
from the fact that the bill for compensation
t "ouiu ilnp!y an enactment that "these nA..o.z
80 saves, he Inters tho. III member from 81.
... states can vote for it: inasmu,;, a.
10y snch memt:er represents slaves and this
"ouia' therefore, be to "transmute his const;,,
ents ln;o propertyn
Inc rfth and lastsg ground is, that the US. can
NOT DC liable Tor the taking of the slave bec,uso
10 "eSPass, and corporate body cannot com.
mt trespass ! oo'n'
a proposition worthy Of the brain from Which :,
etnaIates, and the discussion whereof it is tho
o ..r THE SPIRIT OF 81.