Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1832-04-03

property and expressly recognised property by many
public laws the 18th OF January, $780, On day.
the Convention Of Virginia, all her rights
and powers declared ia the Constu ton that property in
virginia should not at any time be taken by law, for
puohc uses without Just compensation. What pro-
tpery' Was any distinction then drawn or Imagined
between property by statute aud property by the
consent oil nankind! The word Is broad enough
all property, and surely il is but reasonable 10 con-
cudc, that the convention of Virginia. forming a con-
siiutonor Virginia. and prescribing guarantees of pro-
perry an Virginia. meant to embrace every thing which
was held and enjoyed as property By the iacs of Pr
gina Still more reasonable, nay absolutely necsssor
will this construction appear, when we reflect that the
subject sought be shut out from the protection Of
the constitution, formed at the time, one fourth proba
aSiy one man, the personal property Of the commonwealth
There is no doubt, think, that the practical common
struction. NJ
Permit me to test the correctness of this idea of the ao
uonsts by supposing which will bring directly
home TO ALL II slaves are not property protected by
the constitution, what prevents the Legislature TAX
ing all OF them, TO work roads canals! II no COM
pensaon is required TO be made for them they would al
ford cheap meanscheap at least TO Jesteri, Virginia
of improving the face OF their country IL strikes me
however, that such measure would be unqualified
tyranny; and Yeti would stand upon precisely the same
principle contcnded for here There is indeed great f
terence between the cases. and many arguments would
apply in favor OF the which would apply in favor
OF the other measure But the principle is the same so
lar as the proposition before us is concerned They both
involve the Of the Legislature take the Tor
public uses, and without compensation, upon the ground
nat they are not property, Frotecfed6y the constitution
fancy that the proposition pretily asst is wrought out
will scarcely be found strong enough TO Withstand this sim
gle touch Of practical truth.
But II gentlemen should succeed in explaining the dis
unchve property the statute pro-
perry made by the constitution, have yet 10 ask them
what they by property SCI suppose the opposite
oil propcryper sfdfuum. confess thatI should be much
graicd TO find some of this property per Sc as hay.
never been able in the of INV c now more than
hall spent TO realize any which made per mel
am seriously apprcbenvc however, that the time moi
Distant when shall have practical explanation of the
meaning which gentlemen attach to their terms Ii will
probably be iound long, that property per Sc that
| 7ch Tfr;sL
TO fo6e from my neighbor The gentlemen TO whom we
are Tor ms notion OF property per Sc and who
seems TO have supposed that the convention of Virginia
tabished our fundamentals law in reference Mr. Justice
Backstoncs Commentaries may learn, the course of his
future reading even of that book, that property i'm lis
kind, and all its incidents, and in all the rights regulating
its possession and transmission the mere creature of civil
society," established from the necessities and for the
nience oil the social state. OF course each society NAV
Judge for ITSELF independent Of the comrnon consent Of
mankind what shall, and what shall not be proper
ty, within its limits. This is the precise doc
trine OF the abolonss themselves; but as usual they
have misappled IT. Ii is perfectly certain that the late
conventions representing as did, the whole will pow
err oil the Commonwealth might have declared that slaves
should no longer be property in Virginia Ii is equally
Clear that if saues nerer had been property in Vngina
the ordinary Legislature might declare that they should
not be hereafter They may even now declare that
none who are at present free, shall hereafter be made
slaves In virginia and that none who slaves
where snail he held as such, in Virginia. But THE law
once admits them 10 be property; il they are acqued'
as such possessed such recognized and guaranteed
as such by the law they stand the footing OF all other
property and equally protected under that ternn the
Constitution Society has declared in the Constitution
that' under these circumstances, her original unlimited
conroui over the subject is gonc and that shall not be
resumed by any department of her government This
the true application of the proposition and il cannot
upon any plausible ground, be extended an inch farther
Ii is said by of the speakers slaves were made
property by the statute, they property under the
statute, and must remain property until that statute is
&c repealed" Here again, / am under the necessity Of
asking for information" To what statute does the gen
teman aude! Is there any statute in Virginia prior TO
the admitted existence slavery which declares that A
can shall be property! Is there any class
the slaves! III there be any such statutes they have es
capped my research 1t will be found think that slaves
were properly IN Virginia. in the year 1920 and have
since they were made So by the escommon con
sent OF mankind Africans and ali-alIowinr the slave
trade. ~
The effect OF this propositions like that of the salus
Popw, Is much more sweeping than those, who affirm it,
seem TO have imagined Ii the Legislature has, indeed
the power TO declare what SHALL and what shall not he
property In Virginia. what is there restrict the exercise
oil that power to slaves alone? Ii tile power be once adj
nite as TO any one species of property will be found
too vast tobe confronted by any ancu distinction between
perry OF the Commonwealth would lie at its mercy: and
thus the entire frame OF society might be dissolved bv
single act OF legislation. more cfectual mode conId
scarcely be devised of assuring the slave the full pos
| session OF his ''natural right"
As this number is already too long the s,,bec will h
resumed in the next. I OcKE
TO THE EDITORS or THE EvoLyyBEB
Gentlemen; You will greatly o6lige me, by Inserting
in your paper immediately the following address 10 G
Electors of the Senatorial District of Halifax and Meek
lcnburg.
Feio,c- CitiSens:I is with feelings of the most sin
cere regret, that am compelled announce my deter
mination 10 decline the canvass for the election o e.
tor in this District In taking this STEP have acted in
conformity TO the convictions of my own mind and b
sdvlce ana Recommendation of many highly Respectable