Martinsburg gazette and public advertiser. [volume] (Martinsburg, Va. [W. Va.]) 1826-1833, 1832-05-03

titutions Of that country. But surely Il 10
not seriously intended TO quote as authority
hero, the decision Of an English Court, made
under law totally different from that which
exists in Virginia. British opinions on this
subject are, moreover, The last that should
be arrayed against Us, They sold US these
slaves; they assumed vendors responsible
ty, aad il is not for them to question the va
lidity Of our title.
The gentleman from Montgomery con
tends, as / understand him, that slaves are
property by the Statute alone, that this sta
tute was passed by the ordinary Legislature,
and may be repealed by the same authority;
that there 10 nothing in the Constitution
which secures the right of property in
slave. He admits that those clauses in the
Constitution which provide that property
shall not be taken without due process OF
law" and "private property shall not be TAX
en- for public uses without just compensa
tion," do afford protection 20 some kinds Of
property, but not TO slave property. The ad
mission is fatal to his argument, for il is inn
possible to find any grounds Of distinction.
The Constitution uses the general term
property" and whatever comes under that
denomination is equally protected. To as
certain what is property" we must refer TO
".
claring the slaves to be property" was in
force at the adoption Of the Constitution.
and is TO be regarded as supplementary and
explanatory Of the provision in that instru-
ment. II is necessary to show that the right
Of property in slaves is founded in nature.
No one, presume, would contend for that.
II is right purely conventional, and deriv
ed from the assent and agreement Of these
who are uaited with US, by compact, in the
same political family. The right TO our
lands is not natural one. The earth is the
common property Of all, and the privilege
oil appropriating portion Of its surface to
our individual use. is derived from the so
cial compact, and not from nature. Yet, the
right to hold slaves, and the right to appro
pirate lands, arc recognized by our laws.
and equally guaranteed by the Constitution.
The gentleman from Brunswick very pro.
perly referred to the Constitution Of the u
States, which contains the same clause that
is found in our State Constitution, as afford
ing an additional guard to slave property.
To give effect to that instrument in any par
ticular state, it is only necessary to ascer-
tain what is property by the laws Of that
State. What is property in one State, may
not be SO in another. Ii is enough that in
Virginia Slaves are property. That being
admitted, the Constitution Of the United
States is to be considered as recognizing
guarantying them as such The gentleman
from Berkeley, however, protests against
the introduction of the Constitution Of the
u. S. He says he is proud of belonging to a
certain party, the name Of which It IS I'M
necessary to repeat But il is party which
has always been ready to appeal to that
Constitution whenever il was thought expe-
L. r. - he.
Government, or to strip the States Of their
rights. Now, however, when this C0nstitu
ton is invoked in defence Of the right Of
property in slaves, the gentleman seems iil-
led with holy horror, and declares it is
purely State concern, and he would not,
for the world, that the Federal Constitution
should be brought to bear on so delicate
question.
The gentleman from Berkeley. has bound
less resources, and dare say, ii is inmate
rial with him. whether BY the law or the
constitution, slaves are property or not BE
they what they may, he entertains another
principle which places them all entirely at
his mercy. He says they are dangerous to
the public safely. and may, therefore, be
"abated as nuisance" The idea Of de
stfoying some noxious object, that engen-
ders pestilence, and is obviously injurious to
the life and property in its immediate vicini
ty, is familiar to US all. But did any one
ever before conceive the thought Of abating
as nuisance" whole population, con
stitutng an organic part Of the frame and
character of the body poliicp The artillery
ofthe law, apprehend. Sir, is too light for
.he prostration Of so gigantic and SO undef-
nable an object There are now, he says,
but few slaves among the people he repre-
sents, but the evil is approaching them and
must be arrested. He is not satisfied with
the erection of barrier around his borders,
but claims right to come down into the
infected district, and to eradicate the
evil, according to his own views Of expedi
ency, al the expensc Of the STAKEHOLDER, IN
order to insure the welfare Of neighbour
ing community. What principle IS It, SIR,
that lies disguised under this fair exterior?
II is the doctine Of the Holy Alliance; the We
~ basis on which they have consolidated
their power, and through the operation oil
which, the nations Of Europe. lie bleeding
and defepcelcss at their feet. They too,
claim the privilege of regulating the affairs
| Of contiguous States. with the view to the
welfare Of their own subjects. Constituting
themselves the judges OF what Is ora not an
| evil. as web as Of the measure and mode d
redress, they never need pretext Tor later
f! fering when their interests or their PASSIONS
| urge them onward 1t is to MAINTAIN the IN
( dependence of neighouring nation, that they
marcel out their territories among them
selves: and the better to preserve perpetual
4 naace that they march their armies over thu