Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1829-10-31
Wup>.spAY. OcrongV e8.

On motion OF Air. DanDninGa, the Convention
tcsnlved itself into Couln.ttae oi the Vnulc, NJ Il.
p. =. BARpeTR in the Char.
gir UPSHUR then resumed his Ks. He
expressed his acknowledgements to the Cnr:ntee
ts the indulgence he received yesterdny-an lniul
syence which 4. should not have claIDed had not Ia
tfg,ie rendered It pacsseary. 1t might BE- proper be-
tore be entered upon the topics which he had further
tn urge, to rscapituite the arguments which he had
offered Yesterday. he would dn this IN as few words
as possible, and he sly induced 10 do II order
4, prceer~o their continuity in the minds of those who
night cho,a>, 40 pay attention To his observations
He he'd comm need Yesterday with the broad pro-
posin that there exists original, priort right
in the majority cehtroul the minority lft.ere be
such, It ,nns either exist n,ier some form Of agree
nIent, must be re>efred TO prior TO all go
Eern.ncnts. As it is mol pretended that it is to be
found i'll any form of agreement he thought he had
demonstrated that it could not be ascrbed To tie OH
tsr and higher source. HIS proposition was,
that if the right be derived from Conventional
Tgrrenieut, 1t Is an agreement of those upon
whom Il is to operate, and could be looked for
in other He bad also admitted
general propositions if gen; lenen pleased, alb
- sract propositions it safe rule iii cuses,
hat majority should govern. He wished to be per-
United to remark, that The doctrine subsequently Con
teaied For, that property should CONTROL did not VIC
Tate this proposition This might seem par0doxical,
bat he thought il was perfectly susceptible of proof
lie had asked the question to what time the role Of
majority applied, 1t 1t applied to government. after
1T estnblished-if after majority determined
nov majority should be ascer,ained, und Of what
materials should consist. If we fix ,hat property
In tue practical operations of Government. there IL
necessity 20 hfipg property and representation in
coniLet IL becomes Necessary 10 adopt fixed
nnd permanent rue, and to apply II may be beet
tor the interess of tho whole ffe considered mrso
titles eae. where the property ola country STOOD on
basis of equality. and where there is identity Of
Interests amonss I'll, and whore the greater the ma
forty, the gre.ter the union oil interests But where
tn;ra is identity ot uterestDo saU,eness of pro-
pcrty-in such state of things, his admission tina, Il
majority was safe did not apply. His propositions
sat spt4,
iilcable only TO particular state of thInss and not
TO that which is the opposite. He has endeavorcd to
prove that it Just and necessary rule OF rovnrn-
inent that property should be protected. ist. Be
casc it is constituent element of socety, and
ciety exist without it; and bccaAae without lis
asSstance, the machine of government could not
move inch. ID Because in the operations OF 90.
vrrnrent, the most numerous and interesting class
ofsupects which call for legislation, of pro-
protection. is OF The Fundamental rules of
the government of which 1t is il part. He would
rther enlarge upon this idea, and would then present
fc topics he intended 90 discuss yesterday,
1t was worth enquiry, what the principal
oT the causes which induced th"ae States, when Colo
Iiics, TO shake OF the yoke of England What was
he subject of compliant which was most loudly heard
and which caused every heart to swell with piigna-
tfor, That the Colonies were taxed without repre-
sentation. The doctrine was then established, ard
WAS coiteaded for here and throughout the utmost
extent of the United States, at all ha2ards to lite
and property, that taxation and representation must
go togeher. II considered an oppression of the
worst kind that the people should not he allowed a
voice in representation, bat should be taxed p;e,-
sure IF il considered oppression in the relntions
which these Colonies stood 10 England, is ]: rot
oIualIys when 1t exists batwe ourselves? If the
principle be just one, that those who taxed ought
have vaica in the representation it is principle
which applies here well % it did there This then
Is the protection which property claims, and which it
1as awava enjoyed in every wise and lasting rovcr-
1nelt. Why? When you tax Individual, what
rule do you adopt? You regulate the tax by the
ability OF the individual to pay.
1t may indeed be regulated by the extent of his
properly; but who ascertain bis ability to paw
so wrl as the tax payer himself? What right las he
who owns farm, no slave, description oproper-
~ who pays no tax-to say to the man of proper
YOU lands and slaves and ought to contribute "a
thousand dollars towards the expenses of the govern
1nen? TO such presunptuors observation would
You truly reply, you know not at what OF Ia
Dor and property derive an income from the soil
You little know how small that income !s-You WHO
have propooed that should pay thousand dol.
1nrs otba State, will be surprised learn ihot my
property does not yield half vSue?-Every prn-
cplc Of justice and proprety require Sfat the iGdi
vidnal should estimate his ability. No one can
Tell what property IS worth but the individual pos
scssing t--no can tell what individual should
pay but ne whu knows the value Of his property IL
ayho knows not the value may impose a tax beyond
ne ability OF tho individual to pay, and then may
become the interest ofth't individual to surrender
Ills property. is this the vitw which is the most
distinct and iplprcssivs2--Hu tho correct value
Of proper y be kBown uplcss you ask him Who re-
yceives the protection and Who owns the property;
lie palntHined tHnt tuiS prnci'Ic WAS INC correct
ono, and which must be interwovon into the
rauiZation Of the government He asked IF there
was any scheme on the toble, recognizing universal
eufrage7 TT persons only to be looked to, why
is not this principle Acknowledged why not admit
the pauper to equality of political rights lie Is
person and has strictly speaking personal rights
equal to any other man. lie may commit the same
offences as anothcr and is anenablo to the sornu
punishment-why has he not right TO voter The
reason is this, that the right TO vote gives him a
controlling influence property, and such m infu-
unce is not safe in the hands Of those who have no
stake IN the government. five Gx basis Of white
rop1latio-1 what prevents gentlemen from carrying
It to the lengfh ofextendng all above p years Of
age and or whom tlrr penal laws operate right
10 vote2--Bccause the experiment was mover tried
without resulting IN disastrous failure. The good