Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1832-02-24

figntS OF virginia OC.f 10 nCr sons ana
am appeal 10 them ever held sacrcd.-But, Sir, where
are tn find these chartered rights; We arc not
To search for them, presume, through the pages of
ancient or modern common law writers nor in the
pandects OF the civilian, nor in the treatises upon
cthicks aud morals, with which the world has been
So lbcT1,ly tavourcd. No, Sir--thcsc rights have
ever been dear to Nirginiaticr consideration
~ attracted her prOOunGcst GttentiOn-thcy have
been embodied 10y the people of this Commonwealth,
and are to he found IN the Constitution of the United
States, the Constitution of Virginia and the Bill of
Rights. To these, and these only, will look and TO
Them will pay revcrontial homage, cmanatons
of the majesty of the people.
The Constitution of the United States has been
quoted as authority in this debate, of binding
force in prohibiting our legisating upon this subject
What, Sir, is that Constitution Ii is compact be-
tween several sovereign aud independent States,
utiug new government not before in existence
Tho; instrument consists of powers and restrictions.
Powers conferred on the General Government,
and restrictions upon these powers, for the
protection of the States and the People. Pow
crS also conferred 10y that instrument on the Lee
@slaures of the States-but they exclusively OF
that character which are necessary To organize the
Federal Government, and to preserve its motion, 10y
the election of its Legislative and chief Executive
! Officers. Some restrictions are imposed bV the
Constitution of the United States upon the action of
the States. These to he found in the 10Th sec
tod of the first article, and with The exception of the
prohiiton To State to pass any bill of attainJcr,
cr post ftcto law law imparing the obligation of
2
al, restraints upon powers the exercise OF which by
the States, would be incompatible with and desruc-
tive to the powers granted to the General Govern
mCnt IL is not pretended, SIR, that any of the re-
stric,ons upon the States enumerated i'm the section
save just quoted, apply to the question in debate.
Du it is said that The 9th article nj the amendments
tn that Constitution, which declares that private
property shall not he taken for public uses, without
just compensation" applies. This, SIR is restraint
imposed upon the GoVERNMENT or TnE Il. STATES
ny that article. do not contend TINT private pro-
perry can bc taken BY ANY GovERNNtENr for public
uses, without Just compensation but in shining
our chartered rights upon that subject, wish to lay
my finger upon the proper instrument, and that is
not the Constitution OF the United States, MS appli-
cable 10 the power OF TINS LEGISLATURE, over the
property OF lis citizens but the Constitution and Bill
of Rights of Virginia. These, Sir, | will now ex-
anime.
The Constitution of Virginia contains the very
identical provision mentioned in that of the L. s..
TO w ''That private property shall not be taken for
public uses without just conpcnsa,ion;" and this has
been quote aud gain, and relied upon as
conclusive, that the Legislature cannot act in this
matter. Who, Sir, has dreamed of taking "privaie
property for public use, without lust conlpcnsation:"
Does any one expect that the State shall derive any
profit or cnoumoni from the slaves? No, Sir; the
contrary, does not every One anticipate that heavy
loss viii fall on the Commonwealth in the ranspor-
aion OF this species of property 10 foreign shore?
The proposition, Mr.. Speaker, is not whether the
state shall take the slaves for public uses but this
iotefher tie Legislature has lie right 10 compel tie
o!c"cS q SfareS, Uier Pcaay, ,oitti reasonable
Rte 10 lie future increase ont of The coitniy
This, Sir, is the proposition, and the only one in
tcnd TO discuss. Is the power compel individ-
al to remove his property when it is dangerous to
tlc community, unbeard-of or uncommon? Is
III not exercised almost every day. even by on ,yu-
nicipa authorities? Let house he on the brink of
prccpicc, near public street. let it he lettering
and in danger Of falling the paSsers-by-s there
no power la controul it? Are the rights of property
so sacred, that dare Interfere to remove it?-
Are The lives and safety Of the people to be jcopar-
died, without redress, by destructive building of
this nature: No, sir; the authorities acting up
on the principle mentioned by the gentleman from
brunswick, SdtuS pOPWi SWprem1 cS, ier will soon
erect the police officer TO pull it down. il the owner
does not secure il. A5mcrchant has large quanti-
~ OF gun-powdcr in his store: its explosion would
endanSer the town-Em he not he compelled to re-
move it to a place Of Safety? lie may il lac choose
leopard his life by his raslncss but he has MOI
right to cndnngcr mine. He may, Sir, be compelled
to remove it: The public security requires il; and
that IS superior TO all other laws 4 factory in II
town Is found To be injurious 10 the health of the
citizens. 1t may be abatcd by process of law
suppose Sir, vessel were 10 arrive in James river
rom Europe with cargo infected with the disease
ma t IS now ravagmg a portion of that continent.
Suppose it were thoroughly impregnatcd with the
conGgion that it could not be cradica,cd Think
you, Sir, the citizens of Rchuond would hesitate to
throw overheard? And by what law would they
he protected? The one have alluded to-llc sii-
prcnlc law OF the land-he safety of the people:
law superior 10 the right of properly Now, Sir
LEI Us examine this principle in reference To the sub,
Ject-nattcr in debate. Itsadmittcd by all who have
addressed this House, that slavery already is curse
and am increasing one. That il has been destruc-
tive to the lives of our citiZcns, history, with un-
errng truth, will record That its future increase
VIII create intestine commolion cannot be doubted
The Tine, then, Sir, has arrived, when the sALUs
PoPUL applies and every consideration of patriotism
requires us TO act upon it,
ihis principle, this fundamental principle the
surety oil me people, embraces not only the pres
ent race, but poscr.iy also. The gentleman
from brunswick, with great force and cloqucnce
IN the female slave but in the issue Sd INFGYIruaf
And, Sir, have AN interest not only in our own
welfare, but IN that of our Postcrity. We are bound
to legSlate for them, rs well rs for ourselves This
prncip!c, that postery Interested in the acts of
their ancestors, is recognized in the bill of Rights
IN the very first section of it. That instrument is
lalloWcd by It's antquity-by the double confrma-
ton OF the people Of this Dominion. | may say
that 1t is superior to- the Constitution itself as that
processes To be based upon the Bill of Rights What
says That instrument? "That man has certain una
Hchabc rights Of which, when he enters into So
cicty he cannot by any compact deprive his poster-
"; namely, the enjoyment of life and liberty, with
the means OF acquiring and possessing properly and
OF pursuing and obtaining happiness and safety"
Has slavery iner1ercd with our means of cniovinq
LIFE, LIBERTY, PROPERTY, HAPPINESS and SAFETY?
Look at Southampton. The answer is written IN
LETTERS OF BLOOD upon the floors of that unhappy
county, Under these circumstances may we not
inquire into the right of ancestors to infct this
curse upon us, seeing that it has already interfcred
so essentially with the first article in the Bill of
Rights? But, Sir, will this evil, this CURSE, not in
crease! WIZ not life, liberty, prosperity, happiness