Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1851-05-09

driven for while by the billnws of the angry sea- ad
then landed upon shores. Then the law al wrecks
steps Ill provide for it. Is that based upon ry claim
that the wood iron canvass of which the vessei Is
composed has upon the government for pr"tect"n Is
the law CT wrecks based upon any idea 50 utterly IN
consistent with all our notions of truth and reason!
surely it is not based upon tie rights Of the thing PEI
Sc, but upon the right of the in it. And 1t Is
not reasonable to suppose that Blackstone hy his dvl-
sion OF rights into rights persons and rights 9" things
meant any thing more than the right to the enjoyment
OF property SO that the right of property right that
pertains exclusively TO the of it, aud ls at last
out personal right The rights of the person are the
rights of life, liberty, pursuit of happiness, religious
privileges, dc, and to these is added right to
the enjoyment of his property i'll his land negroes, hor-
ses, and other property Is not that what BLACKSTONE
meant by his division of rights into rights Of persons
and rights of things! And if You give suffrage or re-
presentation to these distinct rights OF n would you
not give him one vote for his right OF person and an"t
er Tor his right IN his property Could you 90 any
thing more than that which would necessarily extend
equality to al the citizens of the commonwealth! And
that Is what the suffrage basis does BY giving equal repre-
sentaon to every veter, without Distinction for the
protection of the equal rights of all very readily
admit that property is entitled TO the fullest protection,
when by that Is meant protection the right Of the
owner III 1t but in no other In amy other SENSE.
we must arrive at the absurd conclusion that property
has distinct rights per Sc which claim the protection of
the government. And to that absurd conclusion, we
resenatlon Or base representation upon it seperate and
apart from that that is based upon the person.
Having admitted that property. or the rights OF midi
vd'aIs IN their property is entitled to protection the
inquiry Very naturally arises how is it TO be protected
Many have been the appeals TO the fathers in this dis
CUSTOM and too must call 10 my aid the rerered deeds
OF those who have gone before U.s. And whilst al
init they have nowhere distinctly declared i'll that
cred instrument, all profess to receive guide
the precise mode in which it is be done, they have
1,Iir t,..l y
not distinctly declare it. I think resulted from the OBJ
vous fact that the proper mode was plain that nom.
could mistake it. That mode known to and pracsed
b. all civilized nations they. doubt regarded the
best for our country, and the that would be received
and acted upon bv us. They took it for granted that
all knew what had been understood and prac!!scdby the
civilized world, from the foundation Of government
down to this day. And hence they simply recognized!
that mode of protection without any specific Injunction
for its observance. Their view of the matter NAV b.
found in the eleventh section of the bill OF rights, and
is in these words:
That, in controversies respecting property, ard in
suits between ian and man, the ancient trial by nry
is preferable to any other and ought be held sacred
When is it that property requires projections Under
what circumstances does il require The aid OF govern
mcnt ana its laws! Surely it does require that lit.
and that protection when there is controversy
spec;ng the right of ownership in ii. Surely 1t does
not need that protection if there is controversy
the owner of it. |! is the existence OF controversies
respecting the rights in it that makes it necessary that
it should have the protection of the government. il
my right Of ownership in property is conceded on all
hands, and by every body, then the aid Of government
IS required for the protection OF that right for is
conceded to be inds putab!e Even outside OF all con
ventona arrangement governmental compact, where
all rights made to depend physical strength and
the right Of property conceded the pow eriu
even there my right of property wou require no pro-
teccn long that right remains midi pned. /. i.
then the existence of controversies respecting it, that
makes it necessary that it should have the projection
&C vernmcnt. And our fathers have told us that the
proper mode of protecting property in controversies
respecting IT, is by the ancient trial by jury Did they
mean that jRry trials should be incorporated in the
anic law as the basis of political power? 70 MINI
il is very clear that they intended that the rights
persons property shonld be protected br law, anC
not that the property itself should be erected into law
making power Gentlemen, in this argument. have to
tally perverted the great design fer which
was instituted They PAT property ab"7a The law. bi
making the governor part Of the government. i'll
stead Of thing to be operated upon by The laws ofh
government for protection. And the gentleman from
Fauuuer CIR. ScorT) and. believe, sther- r car
r;ed this doctrine far as to declare ta; property
q constituent elcmcn: Of society. In this tcn hc,
have the authority OF Judge Upscr in the last conycn
ton But is it corrcct Society as understood b. nj
people, Us used by all writer's, an as defined ir III
leXco- means the union of number OF ration
III beings or number of persons united either for
temporary or permanent purposc. Then how imam;
mate things be made Ia constitute n part If suci
union, am nj loss to understand Can that pr:nc!;
tie good ta; requires til. aid OF such ,.ons;ro,:
propositions to sustain it And vet gentlemen ar
necessarily driven IL that position in order t. sIs:l
the mixed basis, For the mixed basis proposition i
based upon the hypothesis that political society is com
posed of rational beings and naninatc things united
to consider discuss. and nws for the government
of that society. and, upon that view Of the mat, cr
property is thing 10 be operated upon by The GOV
crnmcnt, fn protection, bat i IL he made part Of TIN
government itself Bat how is sac proposition 10 b.
reconcile, with the grea; doctrine OF the kii OF rl;s
lin winch our fathers have declared that all powc
is vested III, and consequently, derived from the PEG
ple."
But let me inquire further, h"w would pronertv b
protected, If the representative feature wtr. str;cl
from the government: have not, yet. heard an;
gentleman deny thu" government could cx;s. wit!.,a
the representative feature presume il will no; b
denied Governments have existed without the repre-
sentative feature and they will exist again in man,
instances this world terminates its existence ",
have all heard c: that pure democracy established b,
the pilgrims when they landed, from the Maytlower
upon the bleak shores OF New England and shook h
forest with their hymns of ou,Ie praise The REPRE-
sentative feature did exist in the government esab
lished b. them And yet the :,rca; object of the GOV
crnment was the protection OF persons and property
| If, then were to strike the representative feature
from the government of Virginia, how would propsrt,
be protected, according to the principles ard argument
C The advocates of the mixed basis In that ,se th
whole people would assemble together to enact tn
laws. Upon government of the assembled people. a
much obligation would rest for the protection Of proper
ty as now devolves Upon the government Of Virginia
IN government without representation, the rights o
persons and the rights OF property shpald BE- held a
sacred and inTlolablc they now. Their c!aini
upon the government Tor protection would be as strong
load, aud rs r2sistesS they at present. How
then, would that protection b.. afforded in ali assembling
of the whole people collected together to construct
reconstruct the organic law, to cnac: laws il til
primary capacity Would YOU assemble the property
too and confer with it as OF tie clements OF ha
J! society Would You, in government without repre-
scatatou assemble the people and property, and con
Ter upon them voice proporioncd 10 their number an
value should like TO know how else Tou would pr'
tcct property, upon the principle Of the mixed Rts!s
government withou; the representative feature An
yet in such III asscmbage OF the whole people no mai
would for moment. think of advancing the proposi
ton tina: property should be heard there in the enact
ment OF laws either Tor It's own protection or the pro
lection OF the personal privileges of individuals. Suc
proposition wond be too absurd Cor any man L
make How, then, would the advocates OF the mixet
basis give it protection upon their principles Their
is but way, and that would be to give to the pro
perry holders votes p-oportoned in number, to thu
amount or value of their property But let gentlemen
attempt that openly and they will then see uprising