Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-08-20
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observe IN your paper OF the 10th instant some re.
marks oil the Editors OF tho Enquirer upon the subject
the Virginia Resolutions OF in reply to the assertion
oil the "Tuscaoosa Expostor" that Nuifc alton is sane.
uoneu oy nose nesouuons' Among yonr concluding OBJ
serva'ions you speak oi the Conservative Remedy which
the politicians OF Virginia contemplated on adonny The
Constitutions and tina, the people Virginia agreed TO IT,
with condition annexed; that they expressly I'M
the instrument, (he Resolution or torn of Rails aon
that the powers granted under the Constitution being
derived from the people OF the United States may be
resumed by them wheDsoev the same shall be
I" ed 10 their injury or oppression"
Now this, as understand you is right to resume re-
sered by contract, oil the powers which the people of
State had, before adopted the Constitutions in case of
oppression, tyranny or inoerabe grievances Inflicted by
the General Government l. not this your iiesI n So
nope we sha' hereafter nave better understanding aud
Tor this object, w submit TO you ga bird'seye view -
The Bill OF Rights OF Virginia, dated 18th of June,
ITO, declares III us hrst clause, that all men have
tam Inherent rights, OF which, when they enter into
state Of society, they cannot 6y anu compact
or dvest their postey, namely, the ENJOYMENT OF life
and liberty, with the means OF acquiring and possessing
property anu pursuing and obtaining happiness aud safe.
iy.'-And on the Iih July following, the Declaration
OF lndep, ndence asserted lnt all men, (and therefore
all socie les Of meu) "have certain inalienabe rights;
that among these life, liberty and The pursuit OF
happiness; that 10 sccuic these rghs governments
are instituted amongst men, deriving their ju.t pow ers
rom ,he consent 0 the governed: that whenever any
form OF government becomes destructive OF those ends
ii the right Of the people To sitter abolish it, aud
institute n new government" sc. Now, would re.
sptc,iuy ask the Editors OF the Enquirer whether the
could think II necessary, aer ecdrt ions like e above
that any People State when it enters into compact
OF government, coni consider necessary essentis
that they should tina; by specific clause OF
icasance in the written compact, Oi which they could
not dives, themselves; and would such a special clause
procAimng the right of resumption, amount 10 any thing
when the right existed without the special clause aud
higher AMI paramount, source the law Ndre? Toll
ius,fa;e ihis iea will offer BY tile common
law oil England and OF Virginia, whenever pc, son
makes contract with another, which contract altioue II
drawn up specially In writing, amounts only 10 such
tract the law would imply in there were no writ
ing then this written contract merged swallowed up
by the contract which tic law implies; as for instance il
written contract l. made between & b, signed by A
ny which he agrees that 10 will build him all
or house, he will pay what il shall he firiy worth
this paper signed by is no more than contract which
The law would imply in the services were per.
formed by at the verbal request OF A; and therefore
paper writing is useless and a nui,y.
Again, 10y the common law, ii man dies having ,s,
Will and testament ia writing, dcvising his Estate TO hi.
heirs and distributes in the same manner as it wonld
have u he had died nes,"te, then the persons whom
ne deVisedi take by descent and not by devise; by the
OF The law not by the will The law lnerges the special
DEVISE and being paramount, executes that which the
taor intended
which cannot he Yielded 10y yeople la their con.
tracts reed not be reserved pccifcall; and if com.
m.ni'y reSeres that by contract, which il grant
OF reserves that 6y contract, which by the laws OF oil and
Nature it has tight reserves then the first case il
does nothing and in the second per force oi
any compact, that is allow ed UP by the universal law 20
soon II is made may therefore believe, that hen
Virginia xed that, which yeu call condition ca
pressiy agreed on in onv non size did nothing, and The
W SeCeSSdO" Oy compact CANNOT ne eS'ahl!siCd
Again, gentlcmen-Do you suppose, that all those
States that adopted the Constitution, without anne king
what you call condition. are more firmly tiveed 10 the
Union, Than Virginia !-and that they with jus
ce be made TO sustain oppression from the General Co.
vernmont than this Commonwealth? IL so, then Virgil
MIA is only qualified member oil the Union No, gentle
men: those States know very WELL that such conditional
acceptance, il il be you think is accept.
ance and they not bound by they know that all
which Virginia can claim from the proper construction OF
her special acceptance they have by the higher law than
that of compact.
Very respectfully, gentlemen, G. II. b.
W We agree with our Correspondent that reservation
or no re the People OF the State of Virginia would
have right 10 withdraw from the Union whenever il be
came destructive OF the great ends for which il ins
ued-This principle is only expressed by the OF ra
hcation OF Virginia, and Of some other States. The
form only is variousbut the great principle is the same
All the States, too have equal rights and privileges m
repect-But the application Of this principle is anolhe
question,-as the Declaration of independence, quote,
by our Correspondent, distinctly shews.-Whe &; II
Bs hand is in, will he favor with his views of Multi
hcaion ?