Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1832-02-14

possible closed
every avenue, by winch light might enter their
minds, we have only TO go ono step further, to OK
tmguiSh the capacity to sec the light, and our
work would be completed; they would then 30 re.
duccd TO the level of the beasts OF the field and
we should he safe; and | am not ccrtain tina, we
would not do il, if We could find out the ncccss,
~ process; and that under the plea of necessity
But SIR, this lis Impossible; and can man be i'm tho
midst of trccmcn and not know what freedom il
can he feel that Inc has the power to assert his Ii
berry, and will Inc not do it, Yes, sir, with the
certainty of the current Of timo, will he do if
whenever hc has the power. Sir, 10 prove that
tho time will come need offer no other arru
mont than that of arithmetic, the conclusions
from which arc clear demonstrations on this sub
Jcct. The data arc before us all, and every man
can work out the process for himself Sir u death
struggle must come between the two classos in
which ono or the other will be cxtncu.hod for
ever. Who can contemplate such u catas,rophc
as oven possible, and be indifferent, inactive, Sir
the right of property III the coorcd class geuc
rally, has been brought into this debate and am
sorry Tor IT. ii is not to he treated in the abstract
but think our Eastern brethren arc to blame for
ii; thcy rather arIogauty advanced their riyht of
property, is an inSupGrabe barrier to our doiu an
thing for the removal of the evil of SLAYER, and
rather challenged an Investigation of thor title,
and 1t has been rather rudcly handled i'm this de
Date YET, sir, am for maintaining the bonds bv
winch VIC hold this property no,c, with irmncss
ana with vigilance: because 1T is necessary to tho
en-
There arc vested rights to their property under thu
law as 1T now is. Sir, should bo .rlad that this
House should declare unanimously, that the reln
IONS between master and slave should not no -
DC disturbed, that mono of tho present generation
should Oe removed, except those who may be given
up voluntarily But, sir, the plea of ncceSSiiy will
not answer in bar to scheme for the future gra-
uual, emancipation and removal of this class that
is within our power. The evil was gradually on
Jailed upon US and can only be gradually removed
ADMIT that we arc not TO he blamed for the origin
OIL this evil among us, are not to be blamed Tor
It's existence now, but shall deserve the scverest
ccnsure, If we do not take measures as soon as
possible to rcmovc it. Sir, evory obligation of
l"stIce and humanity demands, the safety of the
HcpuhiIc demands the adoption of Il system which
S"ail produce the certain, gradual emancipation
and removal of this whole class. Tollhcrbatc tho
aiterborn Is obviously practicable, it has been re-
commented by the immortal Jefferson, whose
counse!s we have followed in so many things,
with such signal benefits, but have totally dsrc.
Sardcd III this it has been demo by our sistor
states; and the only objection of any force that
L nave heard urged, is the constitutional one,
rounded upon the attcnuatcd, contemplate right
oi property III these aitcrborn children, which is
paced In competition with the lives of our sons
and daughters, TO tho romotcst generations IN
competition with tho worry existence of this Rcpub
nc Sir, am sick with tho Glamour in this debate
ABOUT TINS property this wealth. l consider it ALL
as mere trash, when weighed against the public
At.S ~ III vi property Ill slaves entire
~ the creature OF tho positive law all our rules Of
property are under the control of the Legislature;
our law OF dcsccnts, distribution, sc. can be al.
tered ny the Legislature whenever it shall seem
eNpculoht, ana tOrtior:, the Legislature alter
the rule with regard to property in slaves becotlse
the right is purely the creature Of the Ic1is,trrc
ihc law now is, that the children of slaves shall
he slaves TO the owner Of the mother; but will il
be contcndcd that this law can never be altered? is
1t TO be perpetual, will 10 necessity Justify n
re rid
important difference between rested rirbis and
rights not rested, between prospective, and retro
spectre Legislation. If child be born of a slave
uhucr tio law as 1T now is, the right becomes vest
Gu III inc owner OF the mother, and could not
consistently with the Constitution perhaps take
the child from tho master, without communication
ny hotl Because 1t is vested right under the
statute. Bat can we not legisate prOspcstireIy on
h!S subject! can we not declare that the children
OF slaves born .cn, twenty or ffty wears hence
shall not be slaves, but shall be free? If ,vo
cannot do this, then indeed our statute is
perpetual, and tic present owner of fj.-
male slave has an indeteasbc estate in her de.
Sc"ndants Tor ono hundred generations to come;
IN TACT forever. This is absurd. The RIGHT 10
slaves "ois IN bong is vested tho right to those to
De porn is mere possibility; if the law remain as
t now is, the right may vest; if it is altered the
light VIII not vest. How could You compensate a
save owner Tor the possibility Of increase ten
ears hence! what would be the measure of yoluc2
Sir, IN ahoshing the law of priinogcni,uro we
;ouid not have taken from the eldest SON an estate
which haa vested i'll him, and have divided it equal
y among his brothers and sisters and himscic-
W by not? Because the right had vested Rut we
could pass law altering the rule Of property pros.
pectIvcly, directing that instead of all the land ro
ing TO the eldest son, it should pass 20 all the chill
drcn equally. The cXpectan ces of all the eldest
sons IN the State were cut oil by a measure of DO
llcy, The abolition of the law of primogoniturc--
HE use and enjoyment of all property is always
controlled by regard for the safety of tho public
rs the paramount law of every State. Cannot the
prevent the raising of animals that will
'ntangcr the public safety? Some of the citzons of
his State might be engaged in raisinr younr H.
rers, and it might be very lucratire business but
Ut, 1t probably would be very dangerous to the pub
&c; and viii 1t be pretended that the legislature
;ouId not check it? And, sir, it is probable that
he raising young slaves will become equally dan.
,orous. The gentleman from Fauquier seemed TO
t!lnk that man might raise what he pleased on
Us own land, and enjoy whatever he did raise but
lcre TOO, sir, we arc controlled by the same rule
NO man would be permitted to raise any thing on
us own land, that would DO deleerious to the pub
lc-hc might be engaged in raising the far.famed
pas tree; but he would certainly be checked in
his too. viii give another familiar illustration of
nc supremacy of this rule in regard to the public
aiety. If Il man builds a valuable mill on his own
and and has pond annexed to it, which happens
inject the whole noighborhood with disease as
very often the case, what is the conseuucpco7-
The mill pond must come down even THOUGH all
no owner may be worth may be vested in the mill,
nd he gets not Il cent of comronsatan What
re the laws against usury, and many of the laws
WITH regard to slaves Themselves but illustrations
i the control which the Legislature exercises over
I'll property, for the public safety? 1t n,irbt he
aid with plausiblity that man is entitled TO the
Increase that any sum of money he may have viii
ring him; If 1t will yield him 20, 80 or 30 per
cnt, he ought to have it, having tho capital stock,
70 ought TO have the increase; but we know that
ere penalties, from receiving more than per CT
md presume it will be admitted that the Iegis
'turc might prevent tho taking Of any increase or
interest ON money. I'm this tho use and enjoyment