Virginia advocate. [volume] (Charlottesville, Va.) 1827-1860, 1829-12-11

iHE dgaiuSt rfen u excess anu II q. rs Ia
the wmd and spirit Of our inmor,oI Bill
OfEights, that now point to bind the
affections of every American Statesman.
Are we to do nothing to- render ous VEN
Grated and sacred, or are We tn ridcule
them in practice Is this the wisdom oi
ONr ioreiathers We are told that the
education "f every people should he shap-
ed accotdinT to the circumstances in
which they are placed--acc"r!ing tn the
principles supported by the penpIe-we
should then enquire what sort nf Lepisla-
tiou is hast calculated to support these
principles. We passed the law. docking
entails mot because of the in Justice of the
system-noi because of any intrinsic i'm
rroprieiv in max ing the elder son richer
than the younger, but because it was in
comparable with the doa,riu.s of our
government-The same wisdom dicta-
ted our statute Of descen,s-that law
which declared property shoulI pass to
al! children equally, rather then To the
first horn son. Are not these rules ,rG Tea.
son, g. ought not they to be couutruanced?
Let us enquire what these doctrines are,
and wherefore we should not reverence
them. The first provision of oun Bill
OF Rights is here he read the LIST article. !
The hrt line then is the language OF
Locke himself, with very slight altera-
ton. Locke declares that all men are
bora equally free, equal and independent e?
our Bill Of Rights, that all men are by
nature equally tree and independent. We
have heard commentary already upon
this word born, and shall not extend i, ;
but tins sentence has gwen rise 10 all this
dissertation upon the natural rights of
man. Gentlemen have doubted whether
any such rights could be traced to a state
of nature, or whether there could he any
state precedent to civil society. | am
ready to concur IN the opinions, that man
can no where be found except in a state
of society, that he can no where he found
without the laws incident To society this
state which precedes all society, never did
exist, unless indeed Robinson Crusne he
an Instance to the contrary, and the ir,-
stance griven in Bible history and then
l! existed only du:ing that time " when
man the hermit sighed" and disappeared
as soon " as woman smiled" and ter
minated tins state OF nature. 1t is as
we'll law of our nature that we shall be
governed by rules appertanlng to society,
as tina, we shall " live, and move, and
have our bsing," for men cannot exist without
some law, governing their relations one to ano-
ther-he is compelled To labour for his subss-
tence-he is actuated by instinct to preserve his
being and promote his comforts, that instinct
which promotes that comfort and preserves TN nj
being pc ints at the same time to the law which
authorizes him to repel the assailant and punish
the Observation-Disclosures written or unwritten, i'm.
piled or expressed, and vain is the enquiry into
that state supposed III cxfst with -u,ou 40 ON
social bein. When the Declaration of Rights
tells us that men are by nature equa lily free and
Independent, il tell sus that those laws give t.,
all equal freedom and independence. These
doctrines were maintained and here avowed not
for their simple truth, but to declare the more
important law directly applicable to the doctrines
of government, which was reared upon this
foundation, oil men are by nature equally free, ;.
&c. This declaration which thank God we
have tho authority ofthe highest tribunal IN The
State, for saying part of the Constitution, was
intended for the wise purpose of declaring the
natural limit to be placed upon all governments
which the government Of laws intended for the
protection of these rights, could not be made t.
destroy, You to yield to the government on
ly those things which are necessary to attain the
legitimate ends Of government; not to yield
every thing which government is intended To
guard. Your liberty and your lives, are not Ia
be yielded for no government in its Legitimate
sphere, undertakes to claim life, liberty, anC
the earnings Of labour for they are the rightfn
and unalienable privileges Of the individual cti
zens | now give it to rescue the declaration
Of rights from the and obliquy which
have been thrown upon it Hero second art
Gle was read
Mr.. J. did not close his argument, in conse
qucncc Of fatgue.]
| On Mr.. Giles motion, the Committee iher
rose--and on Mr.. Masons motinn, the Comyen
tionimmediately adjourned.
NovENEER Is, 1929.
BASIS OF REPRESENTATION
Mr., Johnson having read tho second arlicl,
in the Bill of Rights, declaring " that all power
is vested in and consequently derived from the
people, &c. proceeded.
This too, Sir, Is nothing more than a Ie.aflifm.
anes Of the ancient doctrine Of sydney anC
Locke, which was itself bu, denial of the doe
trine Of Sir Robert FiimeF, that the right IT III,
/ king was fdiyias origin this second sIiiels
contains proposition which 90 one ALL nos
dare 10 eoniFoyeTl, and 70 which no ons will nov
refuse entire submission
hf johnson then rsad the third sHsis Ia ih.
b,ll oi kigb.s, " tha, gsssmnsni is ought q
be executed e'T 1le eea'non benefit, plslse. los
and security Of The Psepls, nation ~ semmsnily
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clear aad esffeet ssposlsien . slssdsTd, b
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stls asd inFialahl6 The Agsi sertsAss as.sls.l