Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1829-12-08

| Mr. MERCER saidit must be obvious that to con
sider the various propositions offered as amendment
10 any thing already adopted, would lead to embar
rassTnent md confusion. He thought it would be
| better to take upthe propositions se,faturn BERN
! ning with that OF the gentleman from NORTHAMPTON
Some conversation took place as 10 the ccrrec,
ORDER OF putting the questions, when suggestion
| was mnde by MIR. Powell that the precise question
| under consideration when the Committee rose was
on the proposition of the gentleman from Goochland
a little explanation took place between the Chair
Nat. MERCER, and Mr. Cooke, when the two latter ex-
Monday. 1890 y"
| Mr.. Cooks moved TO pass by the Legislative re-
port and amendment and to take up the propositions
offered on Monday.
Mr. IEIoH wished some reason for this motion IN
take up these propositions in preference to the a
mendment ofthe gentleman from Goochand.
Mr. Cooks said his object was to free the question
from the embarrassment which adherence to par.
Elementary rules would create.
The question was then taken on passing by the
report and amendments, and taking up the PROPOSE
lions offered Monday; and decided in the afiirma-
tlve-ayes SO.
The Committee then took UP the consideration of
the propositions offered by Mr.. Upshur, which are
| as follows.
Ieesotced, That the House of Delegates shall con.
SYST OF one hundred and twenty mem.ers, of which
there shall be chosen FOR the First District or Dis
trict west of the Allegheny mountain, e6
For the Second District, District of the Valley. 60
For the Third District, District between the
xlAt
For the Fourth District, or District betwceen the
head of tide water, and the ocean, 81
IoeSoiued. That the Senate shall consist of thirty
members, of which there shall be chosen for the
First District, aforesaid, 3
For the Second District, aforesaid 6
| For the Third District, aforesaid 9
For the Fourth District. aeoesaid, g
I2esoiued, That the Legislature shall have power,
to re arrange the representation in both Houses of
the General Assembly, once in every years, upon
fair average ofthe following ratios, viz: LIST. Of
white population: I'd, OF white population aud taxa
ton coubined Sd. Ofthe Fedeml Numbers.
Provided, that the number of the House of Dele
gates shall never exceed l60 the number of the
Senate, 40.
Thesresou.ons having been read from the Chair
Mr MADISON rose, and addressed the Committee
IN speech, OF which, the following is the outline
and substance:
Although the actual posture Of the subject before
the Committee might admit full survey of it, it is
not my purpose, III rising, to enter into the wide
field of discussion which has called forth display OF
intellectual and varied powers feloouence
/ that any country might be proud of; and which |
have witnessed with the highest qualification. Hay
ing been, for very long period, withdrawn from
any participation III proceedings of deiIberatve bod
les, and under other dsqualfcations now, of which
am deeply sensible, thought perhaps less sensible
than others, may perceive that ought 10 be, shall
not attempt more than few observations, which may
suggest the views have taken of the subject, and
which will consume but little ofhe time ofthe Com
mittee, now become precious 1t is sufficiently obvi
GUS, that peTsoHs and Property the two great
subjects on which governments are to act; that the
rights of persons and the rights of property the
objects for the protection Of which government was
instituted These rights cannot well be separated
The personal right to acquire property, which is a
natural right, gives to property, when acquired;
right to protection, social right The
essence of government Is power and power, lodged,
it must be, in human hands, will be liable to
abuse. Ia monarchles, the interests and happiness
ofal may be sacrificed to the caprice and passions of
despot IN aristocraces, the rights and welfare of
the many may be sacrificed to the pride and cupid
y ola few: in republics, the great danger is, that
the majority may not sufficiently respect the rights
of the minority. Some gentfemeB, consulting the pu
rity and generosity Of their minds, without ad-
verting TO the lessons Of experience, would find
curity against that danger, In social feelings; in
respect for character IN the dictates Of the monitor
Within in the interest Of individuals in the aggregate
interests of the community. Bet man is known to
be selfish, Us well social being Respect for
character though often salutary restraint, sbut too
often ovc=ruled by other motives. When numbers
Of men act III body, respect for character is often
lest Just in proportion it is necessary to control
what is not right. We all know that conscience is not
sufficient safeguard, and besides that conscience it.
may be deluded may be msled by an unconscious
bias, into acts which an enlightened conscience
would forbid. As to the permanent interest Of indi
vduas in the aggregate interests of the community,
and III the proverbal maxim trat honesty is the best
policy present temptation Is too often found to be
over match forthose considerations These favour
valuable, auxlfaries; but they will not
substitute for the coerciye provisions belonging TO
government and law. They will always, in proper
ton they prevail be favourable to mild admins
| tratioD of both; but they never can be relied
guaranty of the rights of the minority against
majority diSposedto take unjust advantage of its
power. Pie only efectual safeguard the rights of
the minority must be laidin such basis and struc-
ture ofthe government itself may afford, inS
tain degree, directly, indirectly, defensive author
ity in behalf of minority having right on its side.
TO come nearly to the subject before the Com
mittee, viz: that peculiar feature in community,
which calls for peculiar division in the basis Of
government, mean the colourcd part ofour popula-
tion 1t is apprehended if the powe. Of the Common
wealth shall bein the hands Of majority who have
interest this species ofpropcry, that from the ia
cility with which it may be oppressed by excessive
taxation, injustice may be done to its owners It
would seem, therefore, if We can incorporate that in
teres into the basis ofouy system, it Will be the most
opposite and eectuo security that can DE devised
ic IN bv ~