Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1832-01-31

when the petitions from the county of Prince William
were presented, was one Of the minority that opposed
uheir feicrcnce-not from any disrespect 10 the petitions
themselves, for they were couchcd i'm respectful and be-
coning ianguage-nor to the sect with whom they orici-
uaueu a c'ass eminenuy endowed with most of the virtues
na' acorn society, and ever active in the promotion Of
schemes which they regard as objects of Christian cbori-
w nut because L believe that such a course would lead
10 results much TO be deplored. The grounds upon which
my opposition to the reference of these petitions was found
ea, form IN part, the basis upon which I rest my support
oil the original proposition now before the House. The ar
guments which were then so ably urged by the gentleman
from Mecklenburg, were of themselves, apart from alf
o,ner CONSIDERATIONS, sufficient TO convince me that the
suoJc0t oil inc petitions was of a character too dam
gerous for the discussion and deliberation of tho pre-
sent Legislature. He clearly foretold-it did not require
'e spirlto oil prophecy TO foretcl--the results that would
arse from the present agitation of the question:
1t was naturally 10 be anticipated that the reference of
tar ~, 10 al eNhioiuoh on the part oil our body to en-
Ter graveiy into the consideration of the subject, would on
the one hand excite hopes, which could not ba realized.
ana on the other create alarms, which, l much fear, no i-
lure act oil ours can entirely quiet. 4 confidently believe
IN TN Legislature has, by this act, claimed and advocat-
ed Dy some as one of courtesy, and by the discussions
winch have arisen from il, done more TO excite the wei.
grounded fears OF our citizens, than all OF the incendiary
pamphie's which have issued from tine northern press.
Yes, Sir, it has shown that the Representatives of Virois
ma a least large portion of them, were willing, without
any further demonstration of the wishes of the people thar,
what has been exhibited in the distorted features of q
moheh'ary lear, TO enter solemnly into the investigation
oil schemes, which, a few months ago, were looked upop
as me vague dreams of enthusiasts, the l-iounded hopes,
te underlined visions of a misguided philanthropy.
Sir, this debate has taken a direction which the friends
oil ue original proposition had not anticipated, and the
amendment now proposed has. forced the advocates of that
proposition INTO u discussion which it was their earnest de-
sire TO have avoided. Not because they would shrink
irom meeting the subject in all the aspects which it
might present, but because they believed that a discus-
sion OF IT now could be productive of no good result. Ii
was hoped that gentlemen would not embarrass this sub
ject with any further difficulties, than such as necessariIv
attend II, which are OF themselves OF the mos, pcrplcxing
character, but have permitted the fate of the original pro-
position, to test the sentiment OF this House with regard
&c me pIoprlety OF any action on the subject at all at this
session. But, Sir, we have been disappointed in this hone.
ana thrown prematurely into the examination of a scheme
win ali ITS details, when we were declaring by our
COURSE 'hat we deemed ii dangerous and impoiic, 10 dis
cuss any scheme whatever. To the advocates of this
course viii be due all the honor and glory which may
arise from the present action of this body, and to them al
so belongs the responsibility of answering for the evils
winch may flow from ii. Since, however, this amend
ment Is before us, il becomes us TO meet il with such wea-
pons as most readily present themselves. And. Sir. pcr-
mt me III the irSt place, TO remark that the course pur-
suee by us friends with regard to it, argues but little for its
merits us patron had scarcely brought it TO light-ho
had hardly permitted the first ray of argtmen to plav
upon its features, before he was willing TO withdraw It
from the gaze which he well knew il would attract
ire soon saw mat III misshaPen form could not stand tho
scrutiny which 1t weuld receive; and il was not until an
peais hau been made which he could not resist, that no
.oeoore 10 Draw around 1t the curtains OF iorgetlulness,
winch should never have been raised. No one can en-
teFtaln a higher respect for the source from which it ORR
SnlaHy ehanated than do. i yield TO none in admiration,
oil the talents, or in gratitude for The services, of the great
man who was the father of his scheme. But / trust that
these feelings will never induce me TO advocate a measure
so subversivc of the great principles of our government:
SO destructive In its operations TO the peace and happiness
oil our country. 1t was well said by the gentleman from
Dihwiddie, that a scheme which might have proved most
sanitary In It's operations at the time when this was devils
ed might now be most pernicious and destructive. Yes,
or, a measure which might have agreed well with tho
rmes ana circumstances that gave it birth, might now be
found wholly inapplicable to the existing slate of our
country. But there is on the very face Of this proposition
an opJecuon' which, TO my mind, seems TO ensure its de.
feet at once. j allude TO the fact, that il contrayencs tho
great principles Of our Constitution, and invades the sane
htyoi private property.
Every thing goes TO show, Mr.. Speaker, that this is tho
age OF change and revolutions, the fruitful period of con-
vennons ana speeches, the day OF excessive and vi
Sl0narV legislation: but | had meyer oxpec,aJ1o Ioyo, go
the Legislature of Virginia gravely debating the question
whelheror not the slaves which we have inherited from
our i@thers were property. L never had expected, thatin
any legislation with regard TO them, we should be called
upon TO exhibit the title by which we held them. 1t is
S una. me ola writers on the law of property mention
put Two modes by which man can become the property of
his fellow. The one where there is a voluntary surren
dero Oh Liberty; and the other when in war, a party is cap
iured' and his services are demanded and extorted by the
cap'or as a compensation for having spared the life, which.
from the situation of the captive, it is presumed he could
have destroyed. Iii farther true that we did not ORR
gihally come into the possession Of our slaves by either of
these modes, and that if we had, our titles might be shewn
10 DC detective, inasmuch as both of these modes have long
since been proved to have no foundation in Justice.
No one, | believe, has had the hardihood to assert, that
one man had a right TO enslavc another. The discussion of
the abstract question of slavery has nothing in the world TO
90 win inc subject now IN debate; and it was reserved for
this Legislature 10 declare that slaves, as now found
amongst as, were not TO all intents and purposes the pro-
perry oil their masters, as much as any other subject over
winch they claimed to exercise the rights of ownership.
Every enactment made by us with respect TO item,
when we were a colony, and since we have been erected
into an independent State, has been made upon the pre-
~ NN liS
sumption ond with the understanding that they were pro-
perry; ana II lsnOt Tor us, at this late period of our exis-
tence asa people, to enquire into the Justice of our title.
row, ourConSituuon expressly declares, that the proper
~ oil our citizens shall not be taken by the State, without
Just compensanon-ghat kind Of property is here alluded
20 Is merely such property as is recognized by tho
common law, or by the civil law, or by the statute laws of
CUR own land! or is il not rather every kind of property that
Was known and acknowledgcdby the people as such when
our Constitution was formed? Every species of property.
personal, real or mixed, over things or persons, is, i'm NV
opinion, protected by that Constitution, no matter from
what title it may be deduced.
You may prove, if you can, that slavery is immoral, un-
Just and unnatural; that 1t originated in ayaricc aud cruel
~, that 1t Is an evil and a curse, and you still do not con-
vince me that our slaves are not property. and as such, pro-
tected by our Constitution.
But, admitting hath slaves now in our possession arc
our property, it is gravely contcnded that This admission
does by no means yield to us the right of property in those
not now in eSse, the future increase. Ii is said. though
the fountain be polluted, il does not follow that there nav
not be some point at which the stream which flows from
II may become pure. Sir, the figure is a beautiful one, but
the idea winch II conveys, is not altogether in accordance
win inc principles by which our rights and property are
guarded and protected. The rule Of law, 'paTfus sequifur
DeHreD," which Establishes That the increase shall he the
property OF him who owns the mother, has been fully ex-
planned, and its Justice ably sustained by gentlemen who
have preceded me in this debate. The rule il one which
both the civil and common law have adopted: il is sounded in
Justice, and guarded by reasons which readily present them
selves tothe mind oiovsry rcfccting man. 1 should scarcely
have believed Chat gentlemen were serious i'm the proposf.
ton that the iuiureincrease ofour slaves could. by any legis-
lationo Of ours, become the property of the commonwealth,
without making their owncrsa proper compensation, il tho
subject which we are discussing, was not 50 grave a one for
merriment' The only apparent difficulty that presents itself
~ the examination OF the subject L., that our slaves are for
certain purposes, regarded as persons, as senhent beings.