Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1851-06-17


manly designed to declare certain natural rights which
arc not surrendered by upon becoming members OF
Tue social system and that does not Indicate tn,
manner IN which government ought to be constructed
OF the parties IN whose hands tho governmental power
ought TO be lodged 1t is All error in INV humble iup
ment however to say rs has been argued in this debate
IN reference tn the whole instrument that upon the
very instant Of the adoption Of the constitutions it bc
came f"nctus oDcto 1t being merely des gnel to point
out the Object anl ends Of government and beyond this
TO render us no aid i'll rearing the supersrurure NJ
Sir, mol We warned by the voice of our :ln.riol.
Fathers who framed it, that liberty cannot DO prcsrry
sd to any people, but by firm adherence Justice mod
Grafton, temperance. rusality and virtue aud bv fire.
4uGnt recurrence TO Fundamental priacipirs" Those
fundamental principles are embanlcd in the Bill u
Rights 1t cannot DO amss, therefore to expend few
moments OF our tme precious rs it or ugt to be
ininqurng what the lessons there taught US, touch
ing this question OF political power.
for one, recognise it rs my guide TO the fullest on
tent and if gentlemen show in it, any warrant
Tor the position they occupy or recognition Of the prn
cple OF representation they contend for will at
surrender the question.
II the committee will pardon me, | will once more. il,
The progress of debate ask their attention to the par
llcuar phraseoogy of that portion of the third section
already SO often commented on, which declares, when
any government shall be found Inadequate to these pur.
poses (hc happiness OF the people, &c,) Majority of
Tic community hath an indubitablc, naenablc and in
delcashc right TO reform it, &c Who then constitute
The community" here referred TO-; We maintain that
II means the people, and not that indefinite and in
tangible something termed Ivy our mixed basis uppo-
ncnts, majority of interests. Now permit me TO ap-
peal to the numerous lawyers in this BODY and TO every
member whose opportunities have permitted him to
know anything on the sub cct, 1T he not Il maxim
founded III common sense, well AZ law, and without
an exception that in the Interpretation of every cgsla-
i've act, whether statutory organic, and indeed Of
every compact or contract, words not maniesty used
ar IA, hc in their nm
or ordinary acccptation. Let then for APP
ply u!h lest. We speak OF a community excited by
some UNUSUAL occurrence. DO We mean community
o interests! When We read of city suffering under
Inc scorgc Of cholera and the whole community filled
with anxiety and alarm does any one think about such
liIInS ~ a community Of interest! In q word, not
10 multiply further similar illustrations, submit that
Tins use Of the word community in connection with pc.
cuhary interests is altogether novelty Al least when
applied lo anything OF political character that it VIC
latcs plain principle Of constructions and is contrary
TO common SENSE. George Mason and our turcfali-
crs who in l77G employed the word community" in
the connection in which it there used never dreamed
OF these ingenious theories, this refined reasoning 10
which gentlemen compelled To resort in order to
maintain The principle to which they are clingng
nacously now in the year 1851 George Mason, cI,,rum
rsherable noncn the very cynosurc 10 whom in this
debate, all eyes are directed; and dcserycty 50, for
his purity Of character, his lofty patriotism, his pro-
found sagacy and ar-sceing craftsmanship, mark him
government, did he. ask, attach such meaning TO
the word community!
| beg leave, as short mode Of getting at good
deal that desire to say, TO call the attention of the
committee TO certain remarks of this distinguished civ
il leader of the revolution, ana taken from the Madison
papers, made in the federal convention: they present
10 xiy mind most extraordinary and striking parallel
ism between the sentiments inculcacd by him and the
position and views and objects and ends of the suffrage
basis party in this Convention
Before do so, permit me to make a passing rcma :
rcgar, 10 the argument, which has been urged here
with so much confidence by gentlemen on tho other
SIDE, drawn from the cxampls Of tho federal govern
mcnt.
My friend from the county of Ioudon whose speech
had not the pleasure Of hearing, but which have
read with great care, appealed 10 tho great maine of
George Washington sancionins this principle OF the
mixed basis by presiding in the Convention and giving
his sanction TO the federal constitution. Not to enter
particularly into the examination Of this position rs
have other matters important TO dwell upon, is II
not col, 10 call the attention Of The committee 10
the fact conceded all hands, that in part al least that
constitution is cdcratvc league, formed by and be-
tween separate and distinct sovcrcignes IL IL true
that IN part it is national government, but in arrans-
ing the qucsti" Of representation for such govern.
men, ought they not 10 have respected the tcdcratvc
cha accr of the compact The north and south coming
together rs distinct sovcregns, and not people,
sought to arrange the constitution with reference
we'll to the maintenance of their separate existence rs
sovereign States for the purpose of forming more
perfect union. As in the formation of commercial trea
ties between foreign powers, they endcavored each to
make the best bargain they could. Upon this ground,
the south, Mr. Mason clearly points out, urged the
aloptnn of that feature in the federal constitution which
gives representation to hrccllhs of the slaves, and it
exhibited degree of sagacity upon the part of southern
statesmen for which We should honor them blending,
with il the sub cct of taxation it nresecn that III Il
few years the whole revenues of the government would
l. ,,f
tlreefts Of the slaves would he much clear gain TO
the South George Mason orcsaw and clearly pointed out
the importance of this advantage to the south IN ITS nm
equal struggle with the growing north. IL was secured
purely matter Of compromise and by no Just reason
Ing can it be maintained, that the trainers OF that nstru-
ncn intended thereby to establish great canon OF re-
publicalsm particularly applicable t" the formation
Of constitution fora people homogeneous and nlvlsI
bic as contend and shall contend are the people ni
this commonwealth. We arc not s"vcretgn' entering
into fedcravc league treaty we are the sovereign!
pcnpc engaged in rcm"leing our own domestic social
compact And before there bcany such analogy csab-
i>hcd or application of this example to case, what
must he our position The argument has been present.
cd by our friends upon tho other side thus suppose that
We were coming together, not having been heretofore
connected Tide water and Piedmont upon the one side
and Trans. eghany and the Valley the other They
then put tie question triumphan:ly to US, would you
agree that the west should come in and participate equal
" with you in the distribution OF political power when 1t
was known that you to contribute twothrds OF
the taxes and they but octhirdl Such reasoning can
only have force by placing our western friends up
on the footing of foreigners aud if placed upon THIS
footing they of course would have the right to dictate
the terms upon which they will come in. What would
our eastern friends think, attempt now made by
the west to interfere with the delicate institution Of
slavery such rs abolisug the traffic in that species oil
property after limited time, done IN the i"rhs
ton of the federal constitution
But to return the task of asccrtanlng what were inc
views of this great and gom man, this pure patriot anu
profound statesman, George Mason.
Here are the remarks to which the attention OF the
committee has been called
THE greater The difficulty We find in sxIns proper
rule of representation. the more unwilling ought We Do
TO throw the task from ourselves the general icSlSt
ture lie did not object the conicctural ratio which
was to prevail Mt the outset but considered revision
from time to time according to some permanent ana
precisc standard rs essential to the fair representation
required in the first branch, DC
There is the answer to large scope oil TIC argument
messed by gentlemen upon this floor. The gentleman
from the city OF Richmond rallied US upon the supposed
inconsistency of presenting the white basis now and the
suffrage basis in 1855 assuming the ground that one Is
rht the other is wrong and if the white basis is right
now it ought to be in IS, if the suffrage basis is right
no = it should be adopted at once as every man upon
this floor did not know that practically they wero ono
and the same thing; if it had not been announced
or and over AGAIN that the object and end proposed