Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1829-11-17

when they enter into state of society they cannot
by any compact, deprive or divest their posterity;
namely, 1.-The enjoyment of life and liberty with the
means OF acquiring aud possessing property aud pur-
suing aui obtaining happiness and safety"
The eloquent and learned gentleman from Louloun
read to- number oil Constitutions and particularly
that of Massachusetts, in the formation OF which he
told us, the Convention set in delberatio for months
.He, Mr. c., had already read the irs article of the
Virginia Bill OF Rights. Let look at the comparative
merits Of the BIZ II Rights of Virginia *
The lat article OF the Massachusetts, Bill of Rights
says, that all men are born free and cqual He de-
MED this TO be true, either in Law in fact; while he
agreed that all men by nature equally free and
independent The condition OF man. from free TO bond
from bond to Free s changed by m,,ncipal or con-
vcntiona and by international law Slaves
are born slaves before every day. which directly dis
proves the assertion, that all men are born free aH
equal" Yet the Constitution Of Massachusetts une-
quivoca'iy asserts, that all born equally Free
Are slaves born free! No.-And if an enquiry BE-
made as to the means, by which their condition is
changed. the answer is, by municipal Iaw,--by
| conventional law,-by iorce,-or by conanest--
| Upon what authority do we hold Africans in
bondage? Surely. by the municipal laws Of that
country recognised by international law Slavery
was not only recognised by international law. hut II
acknowledged hy the law of God if the scripture,
may be deemed sufficient evidence OF that law. As to
matter OF Tact and OF law, directly the Of the
declaration in the Massachusetts, Bill Of Rght- s the
| universal legal maxim, ''partus sequiiur penfrem"-
the of'pring follows the condition of the mother.
This Constitution is presented to.us amodel Of
cellence for our imitation which declares The bond
not born bond, which is not rue-in preference to
our own which asserts the truth, that call by
| nature iree And this strange preference has been
strangely attributed to greater degree Of deberaton
in the case :han in the other. He observed that
this clause o.! the Bill OF Rights contained another i'm
poran declaration, that man possesses the means of
acquiring and possessing property in state OF nature
thereby clearly sanctonng the existence Of such
State The second section is in the following words:
"That all power is vested in, and consequently de-
rived fr;n the peoples that Magistrate. are their trus
tees and servants, and at all times ainenabe them
This section coptans the great deciaraory principle
ing governments founded; that call poweri. de-
rived from the peope-and that Magistrates the SER
wants oil the peopleand affords the first great example
OF reducing that principle 10 use in the affairs Of
kind IL meets my most hearty appreciation, and ex-
| allied admiration. The third section il:
That government il, ght to be- instituted for
The common benefit protection and security, of the
pie, nation, community: of all the various mode. and
forms OF government hats best, which Is capable OF
producing the greatest degree Of happiness and safety
andis most eH.ctualv secured against the danger of
nal. administrations and that, ,rien anu government
poses, ajority Of the community hath ;,, indjita-
Die, udticndbie, and iefedsi6ie gt IN REFORM al
ter, or abolish it, an such manner shall be Judged
most conducive to the public real"
HE worthy colleague, (Mr. Leigh had 80 fully ex-
planned his views branch Of this subject, and
particularly on the clause. omitted by the gentleman,
who had introduced this section, that he considered all
repetition superfuous This section clearly proves tina,
conditions are imposed upon manri,ies. His colleague
had pointed out he would point another. Whilst
the majority have right TO alter, reform, abolish
The Government there is no right conferred on them 10
do So according to their unlimited, capcious will
An obligation is imposed upon them to act in such
manner as shall be judged most conducive to the pub
lie veal" This is the very business we are now en-
gagged IN perormng-"to alter, amend, abolish the
Constitution, in such manner, shall Judge mos,
conducive 10 the public veal" Surely we should feel
ourselves restrained by this clause from nj,irng or
even putting at hazard any local particular interest
even should il be the interest of the minory. Mr. G.
called the attention OF the Com mi,tee to that clause in
the Bill OF Rights, which required permanent attach
ment 10 the community az qualification for voting,
rtah hat sfrl
with reference exclusively 10 land, nothing being
deemed permanent but land; the prov ision in the
Constitution, which requires that the Right of Suffrage
| should remain as il then was-being the Freehold
Right OF Suffrage, the practical commentary of the
trainers OF our Constitution upon The word permanent
in the Bill OF Rights This demonstrabIy proves that
there Is discrepancy whatever between the two in
stru;nents. -
Some gentlemen pumel them elves upon notion
tina, our iorefalhers had earnestly invited US 10 fire..
quent recurrence 10 fundamental principles. witt,
view as they suppose 10 change those principles This
notion they had derived from the 10Th section in the
following words
"fhat no free government the blessing of liberty
can be preserved To any people, but by firm adher.
ence to Justice moderation, temperance frugalty and
virtue, and By frequent recurrence 10 fundamental
prncp'es.'
/ Why recnr TO fundamental principles If these prin
cipos were true a, that time, they now Fun
uafnenai principles are eternal AMI unch able
Could our foreaihers invite recur to fundamental
principles. Tor the purpose OF changing unchan geabe
tlings: But If this the object what could the
object he tor inviting frequent recurrence to funda
mental principles? Evidently Tor the purpose of watch
ing the proceedings Of the practical and to
draw Them back IRON their alterations, il any they had
committed, to these great fundamental principles IL
was not his intention to have referred TO the General
government II 1t had been possible to avoid IT, not
wlthstaDdng its intimate connection with the State
Governments, and its constituting part of Them
But he found il impossible avoid il. IL would be all
important, If we could prevail that government TO
recur to fundamental principles. Such had ben i,s
INDUSTRIOUS alterations from the fund.- PRINCIPLES
oil The Federal Constitution, that they were violated
every day. Scarce semblance of its most important
original features remained. Alter he had been absent
from the Government for time, when he returned
TO H. he was asoDished a: the tangled non,encla
ture, which introduced in substitution of the old
governmental phrascoogy; effect Of which was
splendid government which the people are nads TO feel
How important then. would be could W. pre- vail on this
government TO have recurrence to original fundamen
tai principle Instead OF splendid governm. Mt which
the people are now ,de 10 feel should then have
happy Government which they could not eeI-He
iearel he had detained the Committee very unprofita
oily in presenting TO their view general propoi
tlons without any attempt at minute, logical demon stra
tons Those he le to the Intelligence OF the Commit
tee. He wouli examine some points of dE
ference between himself and other gentlemen more
especially, and as far possible. would avoid re-
petitions Ii wnud come 10 consider the actual differ
ence OF local interests aStegards the slave popul,on
The points, whether there shall be any special proy
sion for this local interest.
MIR. e. was proceeding 10 remark on the ARGUMENT
oi The gentleman fr'n Looloun (AIr. Mercer0 with
respect 20 the s,lt-works Of New York aud TO deIuc
romua confirmation OF the views Of the gentleman
from Orange (Mr p p. Birbour) with respect IN tho,s
cases where a minority governs mljlrity, when
MIR. TAYLOR rose, and moved that the Comuittea
rise in order 10 give his Colleague another o,por,on