Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1851-03-04


is an impression eryalins this assembly that the cal
ling OF a Convention b; political community ito alter
amend or to abolish existing constitution and sub
stitute now on. therefor, necessarily resolves that
community into the original clements which compose
society and that Il consequently follows that in consii-
ering and cciius upon propositions proposed be
grated upon the organic law TIE body upon whom that
duty deyoves must he guided i'll their Investigations
and decisions Ly The principles of natural law r..;,cr
than BY those governmental pihciies which ought
10 prevail in the formation of social compact. We
are not in s;atc oi nature. The mere ratification by
the people of the ACT by which this Convention was
called TO amend tie organic law Of the State, did not
abolish the existing state of things. because the govern
nic,t under ;el we have lived for twenty years beth
in it primary organic law and the secondary and ord.
nary law of the legislature is just obligatory upon
the people of Virginia AZ tis day though We had
not assembled in This hall. Then, assert 10 BE-
governed in the decision OF ill.,. question: and i'll the de-
csiun of all other questions that may come before
mere BY those rue principles of governmental policy
,ich olgh. 10 dictate 10 the true basis ipon which
to found the constitution t.: this State than by any
speculative theories hat are the laws OF nature.
have supposed, and Notwithstanding all have heard
to the contrary ..d Is unchanged IN that particu
lar that when community In assembled Or appointed
representatives TO perform the .dty OF organising social
compact form government, that no individual in
tcrcst in that community should bain all the influence
Of the government in it, bclali-ihat individual
teret should claim the control OF the power of that
|
ed that it would seek 10 advance all the varied IN
tercsts which its influence would be felt and that
N pursuance Of that principle Ill the TIA of rights, to
which aIson has often been made that government
should be framed that every one OF those interests
would be amply secured and protected under its admin
is,raton
Let rs briefly examine this bill Of rights which has
been cten referred In The first section OF that
article, ana will read the whole Of it i'll order 10
correct landing c IL merits it is declared that
rs, rprta inn
rights of which shen they enter into certain state OF
society tho cannot be deprived these rights be
Invested from their poserTiy. What are those inherent
rights mhr INC gcntlemai from Gretnbricr. (Air.
SINFUL the gentleman from Augusta, lMr. SnEfFEY,)
the gentlemen from Preston. (M:. iaowS,l unite in say
ilg that they are life liberty and the pursuit of hapi
ness and sae,v nt c / nsc The only, the exclusive
PURPOSES; Look tie Halter clause OF the a'f,lcc ai-
yon will find it says the enjoymcn; Of thas life and iber
tv with the ofacquiring anl possessing property
and OBJ aiming happiness and "raiety:
l. That all nj are b. nature equally free AID lnde
pendent and have rtain inherent rights, of which whe-
thew enter s.,ey, they cannot by any compact deprive
or ivcs sther po.terii, namely the on meni of lft
and .lberty with the Of quirng and possessing
u properly and pursuing ald Obtaining happiness aad
saf,t:
Here, then we have il laid down in the very chart
Tia. is 10 direct in our political voyage. AMI il
is inscribed On the mast head o cur ship OF state
that to give security IN the ACOUSTIC and posses
sion of property is of the chief, the principal
objects of social government that il is of those
inherent rights of which. when enter into state
, Of society we can neither jiye- ourselves or our
posteritv. But it does not stop there. 1t goes fur
Their as if yigilant lest l. be msconstrucd, misun
dcrs,oodas if fearful that the principle would not he
sufficiently explicit rightly compromised. In the
third section Of the article ii is declared that govern
mcnts and ought to he constituted .or the CONNIE
benefit prof cction and security OF the people na oI
community, and for Tie exercise o all those influences
which calculated 10 produce The greatest happiness
and security oi the people for whom it is Instituted
That government j. ought 10 be-. instituted for the
common benefit, protection and security OF the people
nation, community Of all the various modes and
:, forms of government that is best which is capable oil
producing the greatest c5ree Of happees and safety
and is most cfectuay secured against the danger oil
mal-administration and that when any government
shall be found inadequate contrary 10 these purpo
ses. majority of the community hath az inIu!tahle
uEalienat, and indeicashlc right rafarm, a,cr
abolish 1t. in such manner shall ne judged most con
ducive 10 the public veal.
Ard that t:'cy should guard mos, e'sciaa!ly against
any Observation-Disclosures in carrying oui It's purposes
What purposes! The security OF life and liberty ARE
these the only purposes Of government the onl, ill
tcrests it framed 10 protect; Certainly not. One
OF its purposes is the protection Of the communitv-o
q ma orty Of the community, (no, majority oil the
inhabitants composing it)-but Of majority Of po-
tical community, in the right acquire and possess
property. The word community, used in tie frs.
section Of this Bill Of Rights. i, used in Apostle
4
generally understood. who are The People by which
this community is constituted: political people and
tha: Is the community oG which this bill speaks and
consequently Will pTovrl my strength does not fail
me- before Yield the oorthat the proposition If the
gentlemen from Augusta Mr.. SHEFrEY s:uitiiie Itself
and III effect gives up he whole qucs ion-and that ahc,
majority spoken OF Is having the power to influence
the action OF government II majority of political
community and not OF the whole people, which pos
sesses indubitablc. iaalienabe and indefeasi6lc
Hero or an lp
public veal. Let look further into the terms al ~
a...@. Still wary OF tic grca. interests about 10 "a
committed into tie hands Of government. proceeds
specify Who have Tic control Of these IN; re So
The siy:h section provides t!a. all fnrn wio haze
permanent comnon interest in. and an attachment -
:hc community. shall have tl. right Of suffrage &c.
Net mere pcrmauen. interest. but common atcrcs,
III the community But il does stop mere. Ii
soe, further silk. Thc eleventh section OF this bill Of
rights maScs particular reference to the protection OF
the interests Of property for il says that in auy contro
,ersy respecting the rights Of proper = or affecting the
interests existing between man and man. the ancient
system OF trial by jury Is preferable any other mcdc
q! settlement, at!d should therefore, be- held sacred
l!c"e thci, We 1 per:"iIng this entire Instrument the
o idea--tc liked. Interchangeable principle NAT social
government no! a IL the language Of ,he gent icma
from Augusta Instituted solely iur the purpose oil pro-
tcctng persons, and personal Interests ., for Other
important purposes. if tine protection Of life and pcr-
sonal liberty the only o5e: Of Government then
those interests shoald have the entire cor;rol Of
government NO other interest should influence the
action Of governmcn; if this prn 7lo is correct and
carried out hut as soon yoa assume this position
You abandon the only just basis upon which all govern
mcnt shoui be founded.
Mr. SHEFTEY a!n his seat) 10 sir; we do not
Mr.. PuRklNS The gentleman from Augusta saws
no. Property, says the gentleman from Accomac
ORR. Wlsr,) must have adequate, aape, conservative
aud radical protection. Now. how arc We 10 arrive n,
this result: Oh. says the gentleman from Preston
CAlr ERows> I'VE are not con'ending for powe. 9TH
out principle are in favor Of regulating the action
Of individuals and of the coarunity Lv giving the ma
jority the right to rule but YOU do no want paper
guarantees YOU say paper guarantees will not afford
you gentlemen Of the east adequate protection. I'll
tell YOU what we ill give you for mind You, We arc
not contendins for power without principle we viii
yield the principle HAT the majority shall govern ard
engrait provision in the constitution which shall All,
thorize the majority TO give power into the hands of
small minority by tie two-thirds rule Whereby the,
may be authorized 10 say when the government shall be
changed. Now. t!7 is power with principle. with
a vengeance this is ma. or,y principle of mos. IN
common species. We do not choose to abandon
our position BY reason of such sophistry
will notice in this connection another remark of tht
gentleman i'om Preston. He says that we have secuted
q the idea OF ruaranfaps hive sold