Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1832-03-20


riy aud happiness of the Community are, or
Shouid he, the Objects of all Constitutions. The |
right oi protection, whom vitality assaulted, is a |
right paramount to the Constitution. Ii is but the
exercise OF the undSputcd principle contained i'm |
the oft repeated maxim ''A0ivs p1pwii Suprchia
We claim not the righ, 10 cOnrcr your ,roperty Ia
the Gf thc State, but the right declare that
you shall not retain, within the territorial limits of
tins Commonwealth, species of property, the |
possession OF which cudaugcrS the safety of the |
State, is destructive of her best interests. The
gentlemen who oppose construc the provision
upon whic! they rely, not as protection ogains,
State ACKNOWLEDGMENT, (ts true mcanimg,) hut as !
giving tn :hc citizens individually the right TO
retain in pcrpctuiiy within jurisdictions this |
ar any other property, all necessity, will and
power oi the state, to the contrary notwithstand-
ing. Sir, the right to take properly for State |
uses, and tie right 20 forbid it's retention within
the jurisdiction of the state spring from two dis !
tinct powcrS--powcrs distinct. Intended 10 hp !
exercised under circumstances disSimiar that |
had II no; been for the pressing difficulty of their
situation, they would have thought of re-
sorting Ia this section for their shicld.W oud it
no, he strange if any set of men could bo found.
who in the formation of their PRIMARY or Consti.
tutional compact, should so far forget the object
Of such instruments rs TO bind themselves
that they wuuld no, exercise I.rr;sla,iyc CON
trout subjects affecting their most vital
INTERESTS This, sir, is act of folly with which
the trainers OF the Virginia Constitution are not
justly chU-@cabc. But could such thing have
been possible, could they have intended to- Mace
the right to mold slaves i'll this Commonwealth be-
y"nd Legislative control, such an extraordinary
power certainly would have been expressed in dis
tnctwc language, not left to Inference from Il
. clause merely, dcClaratory of an aclnov. lcduct
principle of universal iusticc-a clause found in
every Constitution. But could there he a doub, OH
TINS subject, brief reference to the proceedings of
the late Convention, and the principles which
the Constitution itself was based will remove that
doubt Did not the posSossors of this spcc;es of
property, i'll that Convention, contend for Il repre-
Sch.a'i"h, has"d on persons and property, in OPP
position To what was then termed the white basis?
Dlo they not urge this principle, upon the very
ground that ii was necessary for the protection Of
tins identical propcrty--not protection against
undue taxation merely; but upon the broad ground
ot protection generally! If that body had intended
the clause now set up as protection from all lc-
GislatNc ntcricrcncc--thcn, whv the claim for
protection by Legislative supremacy? No, it was
then determined that no specific guarantee con
tanning the full measure of projection desired,
could properly be inserted in that instrument. A
prcpondcrancc of legislative power alone wou ld
suffice. The principle now avowcd by the gentle
man from Dmwiddc, DIR. Brodnax,) was then
urged IN support of this claim--that Constitutions
were made for the protection of minorities. That
gentleman might have added, in this instance,
constitution was made not only for, but 6y n nno-
rHy. Ihey have their guarantee. Their ma iori-
" IN thcse Halls is the protection then claimed; il
rs their Constitutional protection; their only pro-
lection. Pass such law of Abolition as The wis
dom OF this or any future Legislature NAV devise
and It's Constitutiona!ity is SAFE and its enforce.
mcnt too. All mtlnations of notification are but
idle talk
am not of those who question your right to the
offspring, any more than would your right TO the
labor of your slaves. Both at the time of purchase
enter INTO the consideration of price and value;
both are then in fufnr0 Besides, as tho law now
stands as 10 slaves, the rule .'parius Scgutur rem
frc'n is the law of this land, and thereby part of
the title Nor do DENY that slaves like ali Other
property, are, under the Constitutions protected
against conversion by the State State uses But
claim, that this or any other property, may
cohs'tltlonally DC removed beyond the jurisdiction
OF the state whenever it shall have been ascertain
ed that Its retention endangcrS the safety, happ-
ness or prosperity of the State. The mode is a
question OF policy, to DO determined with all pos
sblc regard TO the established order of things and
in such manner as will produce the smallest prac-
tcabe amount of public private Inconvenience
By the proposed mode of proceeding the full
maximum of our Legislative power 10 not sought to
he called into action. We merely propose n repeal
OF the law Partus scq"ifur nemtrem. We declare,
by law to take effect ut future day, that if
Tile owners of female slaves will retain them with
III this Commonwealth until after that period, the
issue born thereafter shall be free, and such free
persons If c0i0r shall be removed by the State
Thus, by the repeal of existing law merely, of
which timely notice is given, afford 10 the own
crs the power to avoid its operation. II they do
not, the law takes its coursc--thc after-born are
free, and we remove them as free persons, not as
slaves.
Ii, in the progress of an Instruction, or in any
pressing ehergcncy--ior public saiety--a slave is
that such slave was an insurgcnt,) would the State
DC bound to pay the master for his slave? No, sir;
cases OF this kind growing out of the late insur-
rcction, (even where they have been killed by the
uihorlsed military forces) have been before us,
during our present sitting; and it has been deter
mined that tho master is not entitled to compcnsa-
tlon If, then, the Constitution authoriscs tho
state TO destroy this property for State protection,
j0rf'ori 1t would seem, that have the right to
prevent such state OF things, by it's removal
But the right of the State TO abolish slavery is
an adJudicated question. The gentleman from
DInwiddic, (Mr. BrodnaX,) admits that the clause
set up as bar, may he found in each of the Con-
stituti"n" of the several States composing this
Union. Has not slavery been abolished in several
OF these states, upon the very plan here suggested
and " Ithout compensation? States too sir, where
not half the necessity existed for abolition that
exists here. There, no pressing danger called for
action-no considerations moved them, save the
interest of the State. 1t was mere act of policy
and yet 1t was adoptcd--thc sacrifice to indvidu-
ais, In some instances doubt, must have been
grcat--suihcicntiy at least, to have procured
judicial determination, pronouncing tho law uncon-
sttutionai, it such had been the fact.-Bat il is
maintained that VIC cannot take any measure on
this subject, that will impair the value of slave pro-
prrty THIS Is carrying the constitutional protect
Ion Of this is meant addcndum to the Con-
sti;utional argument ito the extreme of absurdi-
ty. Almost every law sc Tass will in some dc.
gree, affect the relative value of property ~. ~.
ness our uSury laws, banking laws, ri ,1ulfus uIS;
But will the post naH principle of Abolition and
deportation destroy, materially affect the value
OF slave property in this Commonwealth? Should
the Southern ports be closed, then, unless some out
let is provided, to countcrvail the increase the
entire VIII accumulate that slaves will dali
ly d"Prccintc in value, umtl they must become not
ony valuclcss, but utolerdlc burtlIcn TO their
owners. In the event of such occlusion, the !
removal of the posf nati, il is evident will but keep
up the value OF otherwise Il sinking article; and it, |
gentlemen contend, chat market should not he !
closed then market will be open, where they can |