Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1832-04-03

ature has to do Assembly Il would be gross
usurpaton In either. admit that power may exist as
grant, but il il be derived either in the one way or
the other, from the Constitution be claimed for
any branch OF the government Ii will presently be
mat there Is for implication in the case before
u.s. The Constitution has expressly declared that the
right to acquirc and possess property shall guaran-
teed to every Citizen aud that the Legislature shall moi
take IL away, without making 'just IL is
evident therefore, that the claim such power by that
Single department upon the ground Of Inherent right
IN the srhotc STATE 10 protect ITSELF is unounded ar
rogant.
The same power is claimed by this modest depart
ment oil the government, upon analogous principle;
saitts popu, spred ler. The ideas proceed upon
the same msconccpon of the proper office OF the Leeis
lature aud its true relation to the State 1t will be per-
ceived by all who carefully read the debate that this OBJ
vous error runs through whole class propositions and
distinguishes the most pausble or at least the dp-
should not forget their delegates do that the Legislature
are NOT the State except far only the Constitution
has declared them to be Arguments of this sort
gh. nave been used with propricy, in the late Conven-
uoh; put mat Convention, tchich the State
cared that the sdis popui, except certain specified
ooJects shall remain with ITSELF and that FAR the
gsature are concerned, the Constitutions shall be the
supreme lea 1t is truly astonishing that distinction so
pam and obvious should not have been perceived Saus
popuh suprcma lex, has bcen echoed and re echoed
through the House of Delegates il there were some
magic IN those Latin WORDS which could break as with
Charm, all constitutional restraints.
Here again, must be permitted to remind the abolition
ISIS oil the true character and tendency their principles
1t is remarkable, that this claim of power ON the ground OF
ly that principle OF parliamentary supremacy which is
condemned as feature of tyranny in the British Cons
s9.on. IL pressing public necessity can justify the Lee
gisiaure IN assuming pro salute pop, powers withheld
by the Constitution; and il they alone are 10 Judge when
mus pubic necessity arises, nothing required to
gave 10 that department OF the government supreme con-
oui over every subject and interest in the Commonwealth
1t is highly probable that when the people OF Virginia
shall be convinced that these or
arc resored to- for the purpose Of destroying whole of
mat property, TO which their wives and children look for
rc Of .ney may be inclined to remind the Legsa
lure oil another maxim, and 10 enforce il too with power
somewhat more effective than logic-s Necessity is
the tyrants plea"
Having disposed Of these preliminary propositions we
come now TO the true points OF enquiry upon this subject
What can the Legislature do consistently with the Cons
tuuon' and what ought they do consistently with pru
dence and sound poicy The speakers, one and ALL ex
claim something be done; ave. even if that ssome
thing should be mischief This declaration so often re-
iteracd will certainly fill the slave with sanyune ,n,ic;
paons OF approaching good, and it will hardly anquze
his feelings to find after ALL that nothing can be done: no.
tmng at least which can be felt by generations TO come
And now let me ask the aboitoniSts, af can be done,
The rejecting people of the country will answer that we
can speak, and write, and publish fancul theories of hui
man rights and inamc the minds of the slaves TO mad
ness, WIN deiusive hopes THIS has been DONE and NAV
the providence OF God over results as TO give ne
no cause TO regret But it becomes us to look at the
subJectn more practical lights, and TO confnc our de-
signs II possible, within the compass of our legitimate
powers therefore ask those who assume such s,,-
preme dominion the rights and destines NJ ,h;s
great commonwealth, what they do under that char
Ter oil their powers, which is found in the constitutional
ne question Is abundany answered their part the
debate The abo!ionss contend, almost without p xcep
tion that there is nothing in the constitution which pre-
vents them from emancpang all the slaves of Virginia
ioathout making any compensation tchatever TO her
o'oners. Let us examine this pretension.
The Bill of Rights declares that the right 10 "acoure
and possess property is necessary incident civil IL
berry and shall secured to all the people of ,be
monweath. This right would be worth very le-ndeed
it would be wholly nugaory, if half the property we
possess could be swept away by simple of
bly, Even under the Bill OF Rights therefore this claim
OF power could scarcely be supported But the Conyen
ton did not choose TO leave this important subject under
declares in express terms that the Legislature shall pass
whereby private property shall be for public
uses without Just compensation This is exact pro-
vision oil the Constitution OF the United States upon the
same subject and is indeed indispensable principle in
every Tree government as the right to personal liberty
ise IL would seem 10 be scarcely necessary do
than refer to the very letter of the constitution to ascer
tam the precise powers OF the Legislature with reference
70 'hs SUBJECT The language is perfectly precise the
meaning distinctly express and nothing left for inference
or Implication The aboionists have not failed TO per-
ceive this. With their -wonted bodness they have ON.
deavored 10 get the difficulty by contendng first that
sfares are not property and second, that if they be pro-
perry TO enanciPate hemby law, is them for
/ public use This is the result of their arguments al
though will strike every attentive reader Of the debate
tha their opinions for the part adopted hazard
ana her propositions stated without regard illogical
N rue mat slaves are admitted TO be propery-afer
sort-5ut 1t conended that they OF such qualified
SORT that they do not come within the protection of the
constitution Hear how they prove their proposition
property in man, is sui generis They uhe sayosl
" are not made property by the constitution admit that
they are property, hut they are property under the
statutes OF Virginia. (Herc the speaker quotes Black
s,one CONNIE naries,and informs upon his authority
that The objects Of dominion or property are things as
contradisnguished from persons The provision Of the
constitution which guarantees property 10 the citizen
" refers exclusively TO this common law definition of pro-
perry "Sir there is statute by which YOUR horse
or OK Is declared to be property They are so under this
" definition They are property per Sc and the declare
non which guarantees property the citizen, embraces
hen as The natural, legitimate objects of properv
on nave no statute making them 1.-THE beasts of the
Il neid) property; they always so by the common
law not oil England, but Of the world" They 6hc
saves were made property here by staute thew are
property under the statute and they must remain
"pcrty until that statute is repealed that statute was
The result oil necessity imposed upon us by the British
throne, but II Is such can be repealed nv This
Assembly. The power which this Legislature possess
ed TO declare what shah be property also enables il tn
9 declare what shall not be property" The same deep
thoughts are pressed and amped, by speakers but
Tor the present "this little taste sufliceth'
viii not every one who contemplaes the singular con-
fusion OF ideas manifest in these passages be ready TO
claim that gentlemen have indeed, seen through GLASS
darkly? 1t is curious TO observe how positively their
doSmas asserted, and with what conemptuous brave
y they challenge and defy the reasoning powers of other
men. III were perfectly certain that an essay which
appeared in the Enquirer under the signature Of Apo
nattox had been read by all those who will see these re-
marks, should consider il wholly TO saw any
thing more upon this and other propositions of this
unparalleled debate. As cannot be certain of lhs will
proceed with my remarks, conscious that whenever
may happen TO adopt bis IDEAS they will be better than
my own. would then, with great Difference beg to ask
the abohonists what they by property n,ade so
by the Constitution ] do not imagine that il ever vet
since the world began, entered into the mind of States
man engaged in framing Constitution of government
TO specify in that instrument, every thing which Should be
considered property undeit or what value then is The
ea0Y al. EN..