Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1851-08-05
vol. Sc. no. gs.

by cur fathers, and sealed with their best
blood | say then consecrated and establish
Cd, bat not for the first time recognized by
item. The tree Of liberty, was watcred BIZ
their blood amidst the dark and irving scenes
at the revelation, was not then planted. IL
had taken root firmly in the soil Of this West
ern world, more than century and half
before; then, as perhaps may be properly
said, Tor the FIRST time il was made to blossom
and bear fruit.
These principles il becomes us to study
and examine thoroughly. There they lie.
deeper than what is termed the constitution
itself They constitute the very base or the
basement. To Illustrate the subject as an
piled to ourselves by familiar example,
The superstructnro above ground OF brick
work or other materials, divided into conye-
nicat compartments, TO accommodate tho
varying wants Of the community IN rcpresen.
ted BY the body of statute laws: then comes
the constitution The foundation proper Of
hewn granite, but below these lie The Bill Of
Rights. the solid rock or grouted aud well co.
mented beaten stone. supporting the whole
fabric The principles declared in that sa-
cred instrument, and among others as /
contend, the 3as majoris, We are scarcely at
liberty to touch, certainly we have no right
to even recommend their overthrow. for thew
he at The very bottom Of our republican in
stitutions, and | maintain that while we are
sent here to amend the constitution. we are
not commissioned to uproot the fundamental
principles Of government declared in the Bin
of Rights
This view Of The case renders it IN tho
highest degree important that we should as
certain the true principles inculcated in that
yeneratcd instrument; and hence ID is that
gentlemen IN she course Of this protracted de-
bate hayo properly given so large share Of
their attention to this injury.
admit that the first section sf the Eill nc
Rights was mainly designed to declare GER
tain natural rights, which are not surrender
ed by US upon becoming members OF the So
cial system and that ii does not Indicate
the manner in which government ought To he
constructed, or the parties in whose hands
the governmental power Ought to be lodged
II Is an error IN my humble judgment how.
ever TO say. as has been argued in this do.
bate, In reference to the whole instrument
that upon the very instant OF the adoption OF
tbs constitution, it became fuReias obfefo. IL
being merely designed to point out the OBJ
Ject aud ends Of government, and beyond this
to render us no aid in roaring the super
structure. No sir, no We are wardel bv
the voice Of our illustfious Fathers who franz
cd 1t, that liberty cannot be preserved to a.
ny people, but by a firm adherence tojusticc.
moderation, temperance, trugalty and virtue.
and by frequent recurrence 10 fundamental
principles, Those fundamental princ,ples
are embalmed in the Bill of Rights. Ii can
not be amiss, therefore, to expend few mo-
mcnts Of our time, precious as it is or ought
now to he, in inguiting what are the lessons
there taught US, touching this question Of po-
litical power.
For one, recognise it as my guide to the
fullest extent; and if gentlemen can show mo
in it, any warrant for the position they oceu
py, or recognition Of the principle Of reure-
sentation they contend for | viii at once sur
render the question.
If the committee will pardon me. will
once more in the progress Of the debate asl,
their attention TO the particular phrascolupy
Of that portion Of the third section already SO
often commented on. which declares when
any government shall be found inadequate to
these purposes (thc happiness Of the people,
&c } majority of the cofnmunity hath an
lndubtable, unalienable and indefcasible
right to reform il, Sc. Who then constitute
tho community here referred to? We
maintain that it means the people, aud not
thatindeiinitc and intangible something term
ed by our naked basis opponents. majority
OF interests Now permit me to appeal to
the numerous lawyers in this body, and to
every member whose opportunities have per-
mitted him TO know anything on the subject,
Il 1t be not maxim founded in common
sense, as well as law, and without an excep
ton, that in the Interpretation OF every lepis-
latlve act, whether statutory or organic, ard
indeed OF every compact or contract. words
not manifestly used in technical sense. are
to be taken in their common or ordinary ae-
ceptatlon. Let US then for o moment aprlv
this test. We speak Of community excited
BY some unusual occurrence Do we mean
a community of interests When we read
of city suffering under the scoufee Of cbol-
era and the whole community filed With anx
iety and alarm, does any one think about such
a thing as community of interests? In a
word, not to multiply similar illustrations. |
submit that this use OF the word community
~ connection with pecuniary interests IS AZ
together novelty at least y hen apblied 10
anything ola political character that il yio-
lates plaia principle Of construction, and is
contrary to common sense George Mason
and our toraIathers who in I716 employed
the word community" in the connection in
which it is there used, never dreamed Of these
ingenious theories, this refined reasoning to
which gentlcnon are compelled to resort in
order to maintain the principle to which they
are clinging 50 tenaciously now in the year
1851. George Mason, ciarum et reherabilc
Homen, the very cynosure to whom, 10 this
debate, alleges are directed; ard dsscryedly
so, for his purity Of character, his loft .n.-i-
otism, bis profound sagacl.y 80 co.
craftsmanship maTk = ..na TAR seeing
gnideio laying : an out as our best
gpyerSm~ a ,"ew me foundations Of our
,o.n;a. ~, a'd ne. / ask, attach such !
'N""'" The word community
beg leave as short mode of getting at
coed deal that desire to say. to calf the
attention Of the committee ~ car,a;, xa..,-,.-