Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1832-04-17

than Mai might be paid Accordingly. we find in ssub
sequen part Of the speech, that this something
less than full value, is '.uH and adequate compensa-
tion These his words Sir il is as true i'm nation
all as in private contracts, that loss and injury TO one
party, may constitute as fair consideration gain
The other Does the slave holder while he is enioy-
ing his slaves reflect upon the deep injury and incacu
liable loss, which the possession that property ncts
upon the interests of the country and does he not per-
ceve that society in toerang that evil years
longer for ms benefit is in The shape of injury to herself
ana beneht to him. giving him full and adequate
PensatioM IL Is the only compensation which, so help
me God! as slave holder, will ever accept iom the
commonwealth of Virginia. 1t is the only compe nsation
which as lawgiver will ever dispense 10 others" Let
us 10 get at the true meaning of this solemn pa
ragraph ana 10 ascertain the real character of
sure The justice OF which, the honorable member has
avouched with oath. The State of Virginia wishes TO
make contract with certain of her citizens, which
contract is that she shall take array all the property
81 dpdrf'eufdr kind, tchieh those people O,cn Now,
have always considered essential the validity of eve
ry contract that should be assented 10 bv both the mar
TIES Here, however, the of the slave holder is
mol asked at dn He is not only compelled make a
contract but even the rery terms and conditions of
mat contract are prescribed to him singular econ
tract indeed like property in man,, perfectly ssu
generis. But what is the consideraon so gencrosIv
offered TO the citizen and which the honorable member
seems asonshed that he should hesitate to accept? The
State addresses him in this language In order make
you uIi and adequate compensation for your slaves
winch am determined to take from you will allow you
keep them for yourbeneft few years longer, will
submit 10 The deep injury and incacuabe loss of not
having them immediately! Thus you gain, what YOU do
not lose and lose what do gam so that we have
mere oo loss TO party and gain the other either
OF which would be fair consdc ration for any sconraet
whether private or ''naional - After this ANALYSIS
would be wholly absurd doubt the sulcicncv of the
contract as National one; and the speaker seems TO
her IT'S sucency in that respect from the fact supposed
10 be admitted that would certainly be sufficient as mi,
rate contract cannot forbear shew my feow-cit
e great advantage OF the rule applied between and
man. have new mill, which would Weld me n hand
some ncome if could only get the custom which en-
crossed by my neighbours mill will, therefore make
contract with my neighbor l will "tolerate, him in
The mean time, will submit to the sdeep injury and in
caicuiaoie loss OF keeping my works idle Let him be-
ware now he demurs, for if he presumes doubt that
this Is ull and adequate compensation for his mill
may chance to abate it as a NUISANCE.
Another gentleman is still ingenious in dcvising
oae OF compromising the citizen Tor his slave without
giving MN any money! "Does the citizen lose his pro-
perry without just compensation, when he surrendes il
10 the necessities OF the community of which he is
member and when the happiness or continuance of that
community depends upon the surrender" Upon read
ing inns sentence, one is naturally tempted enquire
what the Convention could possibly have meant bv de-
caring uat the Legislature should pass law whereby
private property should be taken for public use without
Jus. II the principle be that sentence
IL 10 pc 10 what conceivable subject can this prov-
sion the Constitution apply? Property taken public use
Arrays supposed to be required by the necessities the
community and TO be ARRAYS in some form or other and
In greater or less degree necessary either TO its connu
ance or happiness" Why else should il he taken, Bu,
was me express purpose OF the Constitution to declare
a neSe Pubc necessities should not overrue the pri-
vate right Ii twere not so, why do we nav for land
e0ndemLed for turnpkes, and canals ami -houses
"cy arc all necessary 10 the happiness
arc " connected win its prosperity and good order;
ana mere difference in the force the public necessi
~, requiring the sacrifice, in the degree of the public
happiness arising from il, make anv difference i'm
me principle Besides, the citizen of whom the sacrifice
Is required, has undoubted right to some form of fair in
vestgation and trial in order 70 ascertain ,bc,bnr on
such pubc necessity exists This is precisely what
Is done IN all the ordinary cases of the condemnation of
private property for public But proposition under
examination, ii is asserted that the legislature has the
oc Sht Judge OF this matter, and that whenever they
believe or affect to believe that either the connuance
or oil society requires it, the property of the
der himself usy compensatory by his share of hat
mo; 10 my poor understanding, it appears be
snare me happiness, he ought not TO bear anv more
man share Of the sacrifice; si exactly the prin-
cpe OF the Constitution in the provision above ouoted-
's ITO extraordinary thing, however, find gentlemen
e in the course Of This debate Tor powers which
II conceded, would lay all the property of the Comon
wealth at the feet of the Legislature.
But it is perhaps, somewhat uncharitable TO supnosc
ha gentlemen who have certainly shewn some acquant
ahce WIN the powers OF language, could have seriously
meant sucn matter as this for argument / incline TO
hN nat these passages designed merely as paia-
yves oil ian act OF gross nusticc which they undoub-
Guy eNi'ated and which there is too much fear
"' uey VIII hereafter cousumnae, if they be alone
one oil them 10 whom indebted for these feicous
modes OF compromising the citizen for his property taken
or pubic use, the broad ground that the
Mods MS slave only by the indulgence and federation of
society," and that he ought embrace the proposition TO
emahciPa'e the post nat, "compromse" the equity
OF Which cannot he questioned. Another one asks
hen the vessel is tossed upon bow who enouires
ABOUT property, its owner its value? Sir il goes
oVcrooard There Is curious felicity in this Illustration
wch recommends 1t 10 particular applause, as coming
from an ahohuonist orator Yes the property 'gocs
ooard; 0W Uh0 bears the loss? The genemai,s future
Teadihg may Inform him, that this case for aperape.
each party benefited by throwing the property overheard
Is pound 10 contribute towards the loss and i'm Dyecse oro
portion 10 ms 0tOn interest SdUed by that loss As ives
Tern gentlemen contend that they have greater interest
w. uis question than have will hesitate TO throw
All our slaves "overboard, il they will settle the loss
with us, upon the principles OF this figure of speech
all for
rankness with which he his purpose and who pos
sesses the merit OF not defeating his own argument bv
nSuTe designed TO illustrate il, holds the following en-
phahc language; 81 Mr. Speaker by indications that
cannot be mistaken in, that have uttered senti-
ment mat graiiles those who opposed to me- They
are ready TO accuse me with attacking their constitution
aIrgls do attack them, openly boldly and iftbev ask
" me by what right attack them answer bv the right
which is given me by that great law of necessity ser
PeSeTruti0n which even by the gentleman from Din
wdde, (Mr BrodnaX) is said TO be the supreme law of
me land. The gentleman from Mecklenburg (NIr
Goode) shakes his head. | attack his property boldly
openly;--let him defend ii if he can"-Then il seems
aer ai mat our slaves really pT0perty and we
nave rights in them, and constitutional rights too2 Bu
let that pass This gentleman has indeed all thee ONENESS
ana 6odness which are attractive in YOUTH and trust
mat he VIII live until his country shall see in him all the
d'ScTetOn winch Is so valuable in age. Another pene
man announces ms purpose in terms which call for our
syinPates; "Sir, sick with the Glamour i'm this de-
Date about this property, this wealth. consider all
as mere rdsh' when weighed against the public Safety
-Lheu Jam salts III these extracts do not omen our
eyes, we deserve TO be blind forever. But would il moi
nave been BETTER il these gentlemen before they took this
hlS ground had asked themselves who made them the
repositories OF all the rights of property in the Common.
wed' VITO authorised Them TO pronounce that all that we