Martinsburg gazette and public advertiser. [volume] (Martinsburg, Va. [W. Va.]) 1826-1833, 1832-05-31

why; because abe has converted il, in her
corporate capacity, to the pablo use. Ano-
Their illustration Of our idea and we have
done. Previous TO the year 1898, there ex-
listed no law 10 this commonwealth against
billiards; Of course any man had a right to
vest his money in billiard tables, they were
property to all intents and purposes, and as
much protected by the constitution according
to the argument. as any other property what
soever. The legislature for the public good.
passed a law, authorizing the seizure of those
and other gambling tables, and the publicly
burning and destroying them. We have
never heard Of any lawyer who advised a suit
against the commonwealth Cor the destruc-
ZION Of this property although to some it was
The only means Of support; but suppose it
had been imagined that one of these splendid
tables, would have answered with some alte-
rations for the clerk of the House of Dele.
gates. and their splendid bail had been ac-
cordingly ornamented with itp there would
have been a taking Of private property for
public uses such as would nave called for
compensation. We hope we have succeed
ed in impressing on the minds of our readers
The manifest difference between the public
benefit, and the public uses referred to in the
constitution. The distinction will be of the
utmost importance to us throughout this
question. But say our opponents, emancipa
ton Oh the posi- NAH principle is such a con
version on the part of the state, because it is
not only proposed TO take our property, but
does not the state at her own expense trans
port it from her borders? Leave transpor.
tation out of the question, surely the declar.
ing free at a certain age is no conversion of
them 10 the use of the state when they arrive
at that age. Suppose she transports them.
it is not for any benefit they are 10 render
her IN her corporate capacity, but merely be.
cause she deems il dangerous to the public
peace that so large a number Of free blacks
should remain amongst US. The public be-
left therefore is very different from public
nse- The distinction appears to us sound,
we know it will be ridiculed by our oppon-
ents; but we believe it can be supported by
argument. We might illustrate it more ful.
ly, but it is not oor intention to write a trea-
tise, We only hope TO indicate the way tc
others, who have more leisure and ability TO
investigate the subject. or one thing howev-
|er we are perfectly convinced: That when
soeVer the safety of the community requires
the legislature 10 act on this subject, all
things else must and will yield to the neces-
.sity. On this subject, we will use the lang
uage as we adopt the sentiments of Mr.. Mar
shall -"Whenever the tranquility and secu-
rity Of society shall imperiously demand this
sacrifice, the rights of property mnst yield
to the preservation of happiness and life; but
still it is a sacrifice, and one for which com
pensatlon should be made, If within the com
potency Of The state. 1t may be asked what
evidence is required of this necessity. Are
we to wait until some dire and disastrous in
'surrection should occur-bursting with sud
den fury, like the eruption of a volcano, and
desoiating the country TO a wide extent? He
would say no;-hc would not wait for such
fatal proof. Whenever the uniform, sustain
ed, Tranquil. and undertaking voice of a clear
majority of this people, shall say their hap
piness and security require a gradual eman-
cipation. he would acquiesce in the measure,
he would by timely precaution endeayor to
avert the portentous cloud, which already
biackens the horizon, and threatens. at some
future day, to pour its fury on our heads"
We cannot however, reconcile it to our
feelings, to view negroes in no other light,
than property. MIR. ID. says there is no dis
tinction between them and other property:
but IN many respects the law considers them
as persons. The master is not responsible
Tor their destruction Of life or property, they
can COMM. treason, their lives and limbs are
protected against the fury even of the mas.
ter. Above all feeling and conscience, and
religion, Indicate TO us, that they are mem.
bers Of the same great human family, re-
sponslble to the same God, subject to the
passions, appetites, and enjoyments
with ourselves. Mr.. b. SAYS, ait is not ne.
cessary to shew that the right of property in
alayas ia foundaJ IN na.u,a. - 49, -