Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1841-12-23
Property an Element OF Society and the ne
cesSlty of Protecting il.

rrOptrl! I'LL LitillcNt OI S0clcIy anu TIE tic
cesSlty of Protecting il.
The following extracts are from a speecf
delivered in the Convention of Virginia, b,
Judge Upsimr, now Secretary of the Navy
Judge Upshnr was pronounced one of tn,
master spirits of that Convention, and his
views, independent Of their intrinsic force
and value, derive an interest from the pres
ent elevated station Of the distinguished au
thor, and from tIreir peculiar bearing upon The
present condition Of affairs in this State
ProUidtnce Journal
The question before IFS is not whether q
majority shall rule IN the Legislature, but o.
whM dement's that minority shcN be composed
If the interests of the several parts of the
Commonwealth were identical, it would be
we admit, safe and proper that majority o
persons only should give the rule to poltica
power. But our interests nre not indie n,ical
aud the difference between us arises from
property alone. We therefore contend tho
property ought to be considered, in fixing the
basis o! representation.
What, Sir, are the constituent elements o
society Persons and property Wha, are
The subjects Of legislation ? Persons ana
property. Was there ever society seen on
Garth which consisted only Of men, womc u
and children? The very idea of society
carries with 1T the idea Of property, as its
| necessary and inseparable attendant. IIisto-
~ cannot show any form Of the social com
pact, at any time, or in any place, into which
property did not enter rs a constituent elc-
ment, nor one in which that element did not
cnjny protection in greater or less degree.
Nor was there ever u society IN which the
protection once extended to property, was
afterwards Withdrawn. which did not fall an
easy prey to violence and disorder. Society
cannot exist -ithout property (; it constitutes
a full half of its being.
Take away oil protection from property
and our next business is 10 cut each others
throats. All experience proves this. The
safety Of men depends on the safety of pro
periy the rights of persons must nIingle in
the ruin of the rights of property. Are you
to make laws? no Judiciary to interpret
them I? no Executive to enforce them? And
If you aro to have all these departments, will
they render their services out Of mere grace
and favor. for the honor and glory of the
ihing' Not in these money loving days
depend on it. II we would find patriotism
thus disnteres'ed, we must indeed 20 back
To period prior to Bible history.
And what ore the subjects upon which the
law. making power is called to act? Persons
and property. TO these two subjects, and
no, to one of them alone, IL the business OF
Legislation confined. And Of these two, it
nny be fairly asserted that property is not
only Of equal, but even of more importance.
The laws which relate to our personal ac-
lions, with reference 10 the body polite
which prescribe the duties which we owe to
the public, or define and punish crime. arc
comparatively few in number, and in their
provisions. And one half Of these few, find
their best sanctions in public opinion. But
the ramfcalions of the rights Of property
are infinite. Volume upon volume, which
few Of Us, fear, arc able TO understand, are
required to cont ain even the leading princi-
pies relating to them and yet new relations
arc every day arising, which require con,inu-
al lnterpositions of The legislative power.
IL, then, Sir, property is thus necessary TO
lhc very bong Of society; thus indispensa-
bic to every movement OF government /; if it
be that subject upon which government chief
y acts; Is 1t not, would ask, entitled TO
such protection Us shall be above all suspi.
cion, and free from every hazard
GENTLEMEN have admitted the principle,
that property mus, be protected, and protect"
90 IN the very form now proposed they are
obliged to admit ii. Ii would be wild and
Impractlcable scheme OF government, which
did not admit of II. Among all The various
and numerous propositions, lying upon your
table. is there one which goes To The length
Of proposing universd suffrage? There is
none. Yet this subject is IN direct conuex.
ion with that. Why do you not admit a pau
per TO vote! He is a person ho counts one
IN your commercial majority. In rights
strictly personal, he has as much interest in
the government as any other citizen. lie is
liable 10 commit the same offences, and to
become exposed TO tho same punlshmcn,s ss
The rich man. Why, then, shall he not
vote
Because, thereby, he would recover an in
iluence over property; and all who own n
feel It to be unsafe to put the power Of con.
trolling il into the hands OF those who are
not the owners. II you go on population
alone, as the basis Of representation, you vii
nc obliged 10 go The length Of giving the
elective franchise TO every human being ovel
twcntv-oDe years-ycs, and under twenty
one years,-on whom your penul laws take
'h'St "nlSh H'S "fs w
nothing but utter and disastrous failure
wherever it has been tried No, Mr.. Chair.
nan, let us be consistent lei us openly ac-
knowledge the truth; let US boldly take the
bull by the horns, and incorporate this inllu-
encc of property as leading principle in our
Constitution. We cannot be otherwise con-
sIstent with ourselves.
was surprised TO hear the assertion made
l... Al. -. sl.s
~ can protect itself What is the meaning
of such a proposllion2 Is there any thing
IN propcny,to exert this self protecting in
llnrnce. but the political power which always
attends Ii' l. there any thing ~ mere pro-
pcriy alone. ~ itself considered, To exert any
such Influence Can a bag of golden gun.
"as, II placed upon tbnt table, protect llself
Can il protect ns owncri l do not know
wha, magic power tho gentlemen oludc to.
u II is Ia hive no influence IN the govern.
mcni, What and where :, the power TO pro.
tcct itself; Perhaps the power To buy Oh
violence /; 10 boy on the barbarian who coTacs