Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1832-04-10

ID to ga house the brink of precipice pub
lie street, lettering, and ready to fall the passers by
ga large quantity OF gun powder in merchant store,
&c. sc. Now, the only legitimate conclusion from all
his, is, that nuisance abaed is not taken for public
use. and slaves nuisances, therefore TO abae
hem, Is not to take them for public III this be not
he meaning OF the proposition, do not perceive how
Fan affect the Constitutional question.
This original aud most striking thought has attracted
no small admiration and applause and yet canno, but
think that .fppomGt0r was half right, when he pronounc
ed IL TO be the result OF confusion OF IDEAS IL is
believe generally admitted by the profession, that the
law of nuisance is not very well settled in Virginia. but
this is view Of it, at which judges will be somewhat
startled Let vs. in the first place, ascertain what it is
that gentlemen contend for and Then will cndeavor To
follow them through the entire process, by which their
object must be accomplished.
The proposition asserts that the Legislature possesses
quesewcr 10 abate nuisance by act OF Assembly. Now,
vii naturef nuisance, either OF criminal OF CT
Rights decarebe first, then the 5th Article OF the Bill of
tons, man hath IN all capital or er""ot proSecu-
ture OF his accusation ito demand the cause and
sers and witnesses call loionuohted WIN Tue accu-
to speedy trial by impartial ISe' IN me iav9r' ana
without whose unanimous consent. he ca ms Vicinnse,
guilty. In this view the subject therefore DC 'o"no
y under trial. is not confronted with his accusefspar par,
witnesses; he l. not permitted caA for "evdence i'm
MS iaVo he Is not allowed "an impartial trial by jury
OF ms Vicnase; nay has occuSerS his trers and
pare majority oil one, instead OF their uuaninoIs CON
sent Is all that is required TO condemn him. A more
Wholesale proSration of constitutional RIGHT never We,
Imagined to be possible. But suppose the proceeding 10
De in The nature of civil acou then the lh section of
the B OF Rights declares "hat in controversies respect
IN.
ancient uia by jury preerable to any other aud ought
TO be held sacred. Either way the rciorc the Cousti
tuition would be most flagranty violated. The Legislature
cannon proceed upon the ground OF nuisance without uni.
ting in themselves all the functions and duties of accu
seS, witnesses and jury; aye, and OF sheriff also Can
case be imagined involving more extraordinary union c
Legislative, Judicial and Executive powers,
But, let me suppose that the Legislature perceiving
these difficulties, should content themselves with simply
eac'ng that slaves should be proceeded against as i
sanccs in the usual form This is o,nte as ,nch as ;ev
nave authority to DO, and even this unnecessary; for
me slaves be really nuances The tribunals have already,
abundant cognIancc OF them such We Will not
however, be captious The first difficulty would have
10 be settled among the aboi,ionists themselves
Let ii be remembered that they have enleavorcd
10 prove, that slaves property, protected
by the Constitution, because they are 'persons as
conradsnguished from things" They must therefore,
IN The iirst place, determine among themselves in what
manner the question is 10 be red whether the slave i,
nuisance per Sc, only nuisance per sfaffnD whe-
er lie Is person or thing; whether he TO be pro-
cceded against Tor 0e'nS slave or his master for keeping
nam as such There is decacy i'm this enuuiry: for
The slave has perfect 'uacnabe" right TO he free
you may chance 10 abate that right in abatnc him
am afraid that gentlemen will find it necessary after all
either TO abandon This ground OF nuisance or else TO admit
mat slaves are really proper much So il they were
property either per by the "conmon consent of
mankind Ibeieve there is no precedent of t,ia for
nuisance which did not relate something or other which
was considered as property Its true, that many 'per.
son Is nuisance to Socetybut yet heard of anv
one who was tried such. Admit them that the slave
property and that his master only be tried for the
nuisance He be ''cOnen,ed with the accuscrs and
Witnesses" and where will they be found? He must
have his jury, and that, too, from his own yicnago and
oil course they will be in general slave holders like him
SELL inns Is tribunal which gentlemen certainly have
not contemplated, and imagine they will conclude that
too little is TO be expected decisions TO render e
attempt worth making Besides, each slave must be re-
gardeu as separate nuisance which, consdering their
number viii occasion small addition the quanttm of
expense and judicial labour and materially increase the
difficulties of the process. But the mos con
sheraton yet remains. Suppose your proceedings all re-
gulary conducted, and verdict duly rendered for the
Commonwealth Aud 90 sentence most learned
Judges; the nuisance must be Gbdted. Sed hic labor
how will you proceed TO execute Judgment? 81 pause for
reply, aud until gentlemen can give me sail .t,corv
one shall rest under the assurance that slaves are
not TO be taken in this mode. confess thar This idea of
abating half million of human beings as a nuisance
strikes me as extremely udcrouS and be parloned
"a little absurd, 10 boot
Here we have another striking proof of the incenuitv
which the abolonss have Displayed in dew no Sronosi
ions winch shall over-reach the Constitution and enlarge
Tue powers oil the legislature II slaves NAV be take
from us on the ground that they public nuisance and
IL the legislature by whom this 10 be done are alone IN
say whether they nuisance or not what prevents
mem rom eXcTling the same authority, every other
species OF property? Why have they not an equal right 10
deciare that our mahogany sdeboar our plate and
our carriages, nusances because hey serve TO iii
guish us from poorer neighbours and are herere an
republican! Nay, they may follow the example of that
Scotuh Chief who reProached his with efIcminacv
because lie made pillow OF for his head and pro-
scribe our very beds Injuries which eneble the body
and encrvae the mind 1t is their ia which makes the
nuisance and they may found il upon what reasons thev
please Such are the eYtravagancies into which blind
devotion 70 theory may betray us!
here yet another principle upon which this exfraor-
nnay legislative powers asserted Ii is said that
the legislature cannot take the slaves whou making com
pehsa'ion orthe they compel the owners 'undcr
penalty, TO remove within reasonable fine ther fl,
ure increase out OF the country" This is the idea OF
decidedly the strongest speaker in the cause of abolition:
and yet Is manifest that this proposition involves great
e power than the other The speaker cannot be under
stood as resting this power upon any supposed difference
between the present race OF slaves and those which NAV
be born hereafter; for, il that his meaning there was
no necessity for limiting his propositions the power Of
compelling The OIcncTS 10 sent them a3caY Il he had
founded himself upon any such dcrcucc he would have
asserted at once that the legislature had the power TO tale
The future increase simply because they future IN
crease III no such difference conempated is per
ccy manifest that the Legislature has precisely the
right TO compel the owners under pcnay' TO send
the present out of the country. Is il not mere
mockery, TO tell the STAKEHOLDER that although the epo
urc may not take his slave without Just compensation
they may yet compel him 10 surrender IL without iu
compensation This is indeed, refinement in reasoning
ana not less refinement in cruelty But this Is not all
The owner must not only SURRENDER his slave but he
must at his o1cn cost and charges send him out of the
country he must not only give up his property bat he
must also pay heavy penalty for hduing had it, although
he acquired and possessed under the fun sanction of The
aw But TO what place shall he send him? Is he also
TO provide asylum, at whatever of labor and mo-
ney, ITO force other communities receive his slaves
whether they will mott 1t is useless trace this idea
through all its practical consequences. Every one must
perceive, that although evadcs the letter of the cons
tuton II utterly breaks its spirit aud is fact the very
OF cruel and despoc power The respect which
feel for the gentleman who advanced IT, makes me regret
exceedingly that he did not consider il more closcv-
Perhaps, however, may have mistaken him. He NAV
nave designed TO rest his proposition upon the distinction
taken in the resolution OF Mr. Randolph as to the os ma
H. Let us then enquire whether that can sustain
him.
4.