Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1851-04-01

in rnspcc, Of their civil and political rights 'i'd ~"
the trainers Of tie constitute" 81 lao %1'' ''., '
laying down this prnc pie OF tEe "a"i',' ,I"i,r VI
man in order to ,cticr lercllcn lIt which 'Shi'uliy
,houd .yi, bet wccn the Incln,rs ii the community.
(who alone are properly In br ,crnI" E'ill"s'" INC
social compact entrusted with the 'Ae'''9' ~ ~ w.
ltical power. BY what process are h'' ,, y, "
pass from state Of nature lnt" thr S''l .'"' "
man presents himself with equal ''.'' y ,i'.'''
rights Each surrcndcr portion 81 ms ''".a
and cacl, in return receives back p"rn OF clvil and
political rights Now the natural 'i@h'S oi t'c' 'c'%
equal and the portion c"fatrrr"!rci ny .h h''s
also equal it ollows THAT the c"sd':'h i'', -
for the newly acquired civil and p''''' ,t-l'' - ~
like manner cal Hence, a the HrIr" ' ~ e'' l
the new acquisition Consisting "t civil ana political
rights Is equal conali,v should likewise he The rule !"
regard Ia them.
Ia illustrate h. a little further Let ~ i,n''sl"e =
primitive assembly Of Iivc hundred r inc "'S '''
met :n--t!ler f'r The prr:osc {" rrs'''','
int" the social state. u t'"s' Ave hH, i i -. :
are rich III t!rrks and - d. and :l me 49, nr
Ill there. b, any T.. al risitiA! "'i'"' ~ ~
n.in:y three hundred ivin: G.-'i''i' " "'I' " lux
nothing INTO The r,.mmuu st"cE '"' ''''" '
,taiw:ll; forms $i,,:, ;:r!n- ati'l h'l'N '""'"
s,nn..s. AIR \ to rsc ;..n i: part 81 t!H i'''hN 81
two hunlrul--.i," wealthy nin"Ii' N-'i" -. ~ -,
uaorlv. we are rich ard y"a ~" l""4' '"' ~ '''
mems therefore we hail have |" ''l'fnn'e 'lr al
tx To iii, EXPENSES o lhc .,"vrrinn"' when We ,' "
~ establish than YOU can p"'-''"' ''' -,
though n.in"rv ", clan that N"i .'' '''''' "i' :
rs the absolute centred ri i. l'-is,'''''' :" -
The Governments So that, i'll tia! department. Nv ''
rGry shall l~ >nl."ct"'i I" oar ''"!''"' n''
en-, ", imagine Sir T. VII" may rise ':' me "a,
If IT,, majority. would gEc I" VI, '"""''''' f.
world say it i true arc frl 2ih We NV P"''. "
l. therefore true that Won must "h'i''''' '' "
!, lin, yr.,s II nycrl,lr.l! than We ha' II Is 'l,'
tx Iruc ii.ar H.. eli, criu., M" ""s"iN N"" ','''
sanl. protection for Your persons i;'' we 90 W ''S
and in addition, vcu acquire protection ~ N'',h i'i
" ou of which viii eru:: The H"cr7si, - '''' "a
Of tie public expenditures in d,itay: 'i'' ''''' -
i sari,! and u! he. l!'iici;ry Ia :''"t'"' >''
.,,,1 ,I,,i il ever war hall arrnd over our '''',i'
iry;f ever il, soil sln,ll lc pressed b. he I"" 81 lh'
invader i will lie incumbent r'a' .. I" mp" va
Ii, u.,r lrr;i,.5 .n III that hold iHe' ''i III
,.,,c. oi thai very wealth I" Nhl'h YOU ''',
much :,ap"r,alcr is therefor" '5;i 'i!a' >""
co,.tri;,.,;. in .s,~a:,r r"r T." t''c ,Hl"i>' - "
,,,,u,, ,j,a, we: ion yuti viii br G"ubly hne"'' ~
Il, action :i ih,, alcnc will l"i", y"u n The greater
AMOUNT which v"u vii conrIhri' /" It" EXPENSE
'bor. E,,. ,,lr claim ~; an"'t 81 political ""'! Ia
,; ,,- dep .rin, ii IL" =" ,ri'i III; >" IN -
c..d:nr that which pertain pr"nc !" Your i! inter
whereby vu would n" only Ia" IA ,''i "i'' ~" i""
. nt absolute legislation ".cr The nl!@ i"l%'t We
mn, acar,l... hat also rcrs';i n'i" l" "'i"
" irad!a!. If'!c.
TIM. ,:,-ur,cn: ;.,si:nr wu!,i i, c"icHs:t ~ etc!
AN assembly a. have depicted, :,l IL il nni ''Iti"
10 In, same weight in : and III :c : ii ""' IT," sam
course Of ar.ul:c.i; which h! h,"l i"r:''' herr" 81"
ana GEN.
But i, this point, "a, l.. mt u tn ,';'tti,ti
that the terms al men Is., III The first v'lii OF tn
bill Of rights. includes ever luAAn hrn-. Th"r"i"ic
hat the premise, from which .duce III" rimclp!'' 4"
Evil and political equality drawn b. ac r" l'l sec
ion wonIl equally lead t" the 'm:'i:tf ." '"ni,riih@
equality of political rights upon every human benz.
within the pale If society, including t!s ic.r +ihar
the helpless infant the insane person AMI The criminal
result IL.
exercise Of political power, necessarily pre- sur:cs INC
existence Of free observation-disclosures, ana 10 some
emf virtue in t!;r;c 10 whom II is cnll'ii II ll""S
therefore that tho.c VII" are deficient III til freedom :"
will IN tl necessary Intelligence, or III tin" necessary
degree of virtue as c!feviLent proposition, t" Ia
treated -, exceptions To The general principle IrcH!'a-
ted ~ think by III, first section Of he biI! Of rights
pro2rrly in,erperd The exclusion, ler"f"l", 81 tr-
male, minors. insane PERSONS and criminals dc. ii"n'
any participation in the cX.icisc - political I.""c b.
in, thus sclttvidcnt pr"rr"i"l ";* not stated IN HAT
Instrument for the precise that ii sell cy
idnr p:orpsition and was Therefore ,op,ri. left 10 be
inferred BY the ordinary intelligence 81 manhil Il Is
then manifest: that III ;pop!u@ III FRS! section ii Tie
hill Of rights its authors ".t El"ni, Ly H.. general
terms employed III it, 10 ncGc;,i" as general RUE pr.
Utica! equality amongst mankind 'Gilcct 10 the eXc"l.
,iu* above referred TO- which necessarily ,in It's prac.
teal appcati" az has been restricted by me in Ills
argument namely TO those who in the proper Of
the terms, are members ol the community. body pol
ilic which! necessarily rejects tia. idea 81 cxtcnll., IT.
to human being who Eay hr within The social pale.
This is obviously the on !ir-the nnlr rcascna bic
construction, and il, ut once and entirely, avoids the alb
surditv into which gentlemen assert that the id"ocate
of the basis Of representation suggested by the amend
meni OF the gentleman from kanawha ale involved hy
their principles. 1t is also complete refuti;lo rl TIE
idea far the first section Of the bill Il rights is
concerned, that it properly interpreted il either an ID
stracti"n or to be understood, having been inserted
in that instrument merely for the purpose Of announcing
the equality of man, respect Of his natural rights
on the contrary il is apparent that the true principle
evolved by IT, Is peculiarly and cnncny practical
in It's character IN relation t" The rights of ,!ncr
government.
Then, in regard 10 the principle, asserted IN The
second and third sections al the bill Of right. Their
terms cpcl the idea that by them any reference what
ever intended [" mere natural rights. The
second section asserts, that all power is vested in
and consequently derived from the people, DC Con-
scqucntly ts effect Is empaticallv to .iin. the
tire of thos" properly intended to be embraced
in the term people, the only legitimate source al
the powers OF government. Who then are those who
were ncn,irl 10 be embraced by that term: 1t is
obvious for already given, III tscrrt,ning Tie
true sense al the terms all men" employed in the
first section q! the saline Instrument which it Is not ne.
ccsearv should repeat here iat il WAS u.cd &c
scrIptlre exclusively Of thr$, who only
be supposed to have been the real parties ,ylnaIl
the social compact contract o government. lG.-
son tells us that they e'- those who possessing; the
attributes Of freedom sill intelligence and, 10 sulc
extent virtue, ihv Of being under government,
the recipients OF political power, ;i not every hulnn
being Wit" rcrchanrr, mi hl happen I" be within tie
territorial limits OF the particular over Which
the forthcoming government was designed 10 operate.
say that Tells u, this BECAUSE however III.
cttcred mankind roy be supposed 10 have been. when
first cncrgln. from state ol nature the ilct that
they possessed sufficient Intelligence IL perceive the
necessity and vau" Of government, conveys the liea
that they wee capable of discriminating between such
as were, and such not willing To contract, CO.
pable Of contracting. and worthy of being contracted
with, by reason Of the possession possession OF
the attributes lns referred 10. Thus, then the con
cltlnn Is irresistible that the effect of the second sec
ton OF the bill o! rights is tn define the only leltI-
male source OF The powers OF government. the entire
mass {" those who Were originally the true parties t"
the social compact and who. under it, were the right
fn recipients Of political power, and il the correct
sense Of the terms, the members of the community on
body polite exclusive Of those destitute OF the irI-
butcS OF freedom of will and intelligence and The n"
toriousy vicious. Here permit he TO remark further
that this Interpretation of the i'll which the term
people was used in the second section %! the bill OF
rights, Is confirmed. if confirmation il requires, hy
the connection in which ii is used in the ;lrst mem
Der OF The third section OF that instrument That sec
ton commences this VIZ
" That government is. or oHght to be instituted i"f
the common benefit protection and security {" the peo-