Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1832-04-17

the law--not property by any authority derived
from nature, but property exclusively of conven-
uonal characters and it is i'm this point of yiew for
all Legislative purposes, bound to regard il.
IL them Sir, the question of property is settled, and
slaves to be regarded he considered the ques-
ton of increase also scttled:-or the prospect of
increase essentially into the estimate of the
value of that kind of property;-it forms compo-
ncnt par; of the price demanded and tho price gi-
ven, and it is impossible cut off that prospect,
without at the same time impairng the value. He
did not contend that il was vested right; but was
Il contingency, the full benefit of which, belonged
to the owner of the save--it was Il contingency
which he presumed might become the subject of u
contract unconnectcd with the slave then i'm being
ami such contract would be enforced by the proper
Judicial tribunal. The absolute right of property
which the master has i'm his slave, carries with
it, ca "a termin, all consequential us well as inn
mediate benefits; and you cannot cut off those
consequential and contingent advantages, with
out destroying the characteristics of that right
And besides, the principle of the common law that
"Pdtus seq,uT re,fren," properly applicable to
this case for, though slavery does not exist i'm Eng
land as 1t does here, and hence the common law has
no application to it there; yet us the common law is
part of the law of this land, so far as it is adapted
to our different institutions and varent wants and
as slavery does exist here its principles do apply to
1t, and he believed were so applied by the judicial
Tribunals, unless controlled by statutory enactments
While, therefore, he disscntod from gentlemen with
whom he would finally act, upon these two by no
whilst he had felt hinlselfcompeled to make known
that dissent and the reasons of it, he believed there
was position which they might occupy with safe
~, and ground on which they could stand toge-
gether. lie should briefly examine that position.
1t was the ground taken by the gentleman from
Berkeley, in the remarks he submitted to the House
few days past. 1t is the Inherent right which be-
longs to every community preserve ITSELF and to
remove whatever is destructive to its ends and hap
PheSs or, IN other words 1t is the principle contained
l1DNi inn l,irt,l l,,o
cd, that "salus popuh suprema ler"-the safety OF
the people is the supreme law. There must be
IN every government self preserving principle
a principle which imparts to it a right to do that
whch lis own existence requires, and the vital
interest OF those upon whom it operates demand
In this be conceded and it cannot well be denied
IL follows, that when any emergency arises which
threatens danger to the body polite or to the peo-
e that right of action at springs mo existence
fully commensurate with the difficulties 10 he en-
countered, or the dangers to be met This right is
not derived from any statutory constitutional law
1T Is superior to those aws-it is the law of SUI
preme necessity, inherent in the communitv. Ii
mted and controlled alone by the exigencies and
! circumstances of the which calls il into being
| The gentleman from Petersburg thinks itdanrer-
Gus to resort to this principle, as it is so liable to
anuse, ana may be perverted TO purposes oftyranny
and oppression, and in Illustration of his idea he
referred us to the conduct of the Holy Allies Ii is
true this right may be abused; bur that does not
destroy its existence, nor does il provo that il
should not he resorted TO, when proper occasion
calls Tor IT'S exercise And the illustration given
can have but little weight here. nasmuch as there
are checks here, which do not exist there To nre
vent Its abuse This Holy Alliance is formed not
for the benefit of the people, but for the preserya
ton OF lis own power, and indeed for the prostra-
ton Of the rights and liberties of the people The
people there, are not heard either by themselves or
'heir representatives, to declare when the cmer-
gcncy arrives which calls for the exercise of this
high and sovereign power. There despots ex
pound and apply this preservatve principle &C
cordIng as their ambition may PROMPT or their
purposes OF tyranny may suggest, without the
least regard, and in fact, oftenmes i'm total dis
regard of tho happiness of the people. But
there is no such danger of abuse here-no mo-
march declares here, when it is proper to appeal
10 TINS supreme lea, but 1t is the people themselves
declaring by themselves, by their representatives
who are but their agents servants when resort
soud he had to this transcendant right the exercise
oil which can alone inure OF benefit themselves 1t is
not hrd party coming in to judge for them, posses
sing different and conflicting interests but is the
Ola man Judging for himself, and who alone would
be injured or benefited by the result of that iudg-
ment. lie did not therefore think the objection en-
tued 10 much weight when applied TO us, there
could be no motive and interest to abuse the RIGHT;
but on the contrary every consideration which can
operate upon the mind of man would tend direct
! ~ to prevent any such consequence. When the
Constitution guarantees tic citizens of this Com
monwealth the inviolabilty of private property it
uOVo 81 uPuh INC lacl ana implied condition that
such property is not 10 be dangerous or destructive
TO the community: no other guarantee could be in
tended, for any other would be suicidal. Let us
then apply this principle to the case before u.s. The
master has right of property in his slave; but this
right has no foundation in nature and cannot be
traced to any source higher than the laws of the
land 1t is then a right acquired under the laws of
the Commonwealth, and held alone by the autbori-
! ty of those laws. But those laws guarantee the
right upon condition that the safety of the commu-
nifty is not to be jeopardzed thereby 1t then fol-
lows, If this safety is endangered, the guarantee
ceases and the guarantee ceasng, and there being
no other foundation on which the right can rest It
follows, as a conclusion, that in such an event. the
right OF property ceases in that population; and it
then becomes question for the legislative will to
determine what is TO be done with it. Upon this
ground, and this alone, he willing to meet the
constitutional objection. lie believed the ground
safe, and the principles he had laid down as cor
rect; at least Inc had not been able to detect their
fallacy, and until that was made to appear he
should feel himself justified in adherng to them.-
10 make out then, the case complete, and eflectnay
TO combat the constitutional argument, it only re-
mains to enquire, is the existence of slavery such an
evil and does it threaten such disastrous consc0uen-
ces to the community, to justify appeal to this
supreme law of necessity? Upon this branch of the
SUBJECT he might content himself with mere re-
ference to the remarks of those gentlemen who had
preceded him in this debnte-They have elonuentIv
and faithfully portrayed the evils and the curses of
slavery But he begged, especially to call the atten-
ton of every member of this House. to the facts sub
mitted to their notice 10y the gentleman from Rock
bridge, the gentleman from Dinwidde, and the gen
tlenan from KaDawha, and 10 the same facts forci-
blV embodied i'm n DptitiOn This rpnrr;ny ron I a.,