Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1851-06-13

sis III argument Dclorc is honorable committee stat.
that ey aahere 10 ihe sacred principle of the bill o
rights les, ever the gentleman from Fauoui.r. mir
Scorr, my friend from Alhemarc, (A1r SorrHur m,
my friend iroD Loudoun, hIr JASSEr) have sail thai
they VIII s'and BY the principles Of the bill of roh,s
The bill o. rights then is to be looked upon as our M
litca tblc, and II the mixed basis is not in accord
ancs with its principles understand gentlemen Weld
tho question and if it is necessary 10 carry oi ,Lc
principles OF the bill of rights, that the white or suffrage
basis should be adopted infer from the remarks ..
gentlemen that they are willing 10 yield it,
Is it necessary that should bring 10 the attention
and consideration of this committee all the great prime
pies laid down in that char of liberty: Shall moi o
so further than to refer to some of the FIRST sections
far as the sixth:
l. lhat al men are by nature equally free and indie
pendent, and have certain inherent rights of which
when they enter into state of society, they cannot by
any compact deprive or drcst their posterity: namely
the enjoyment OF life and liberty with the means n,
acquiring aud possessing property and pursuing and OBJ
tanning happiness and safety.
2. That all power is vested n and consequently d.
rived lrom inc people; that magistrates are their trs
tees anu servants, and at all times amcnablc 10 them,
), That government is, or ought to be- instituted for
the common benefit protection and security of The neo
pie, nation or community: Of all the various modes and
forms OF government, that is best which is conahe n
producing the greatest degree of happiness and safety
and is most eectuay secured against the doncar OF
MISUNDERSTANDING and that, when any government
shall be found inadequate Or contrary 10 these purposes
a majority Of The community hath an ndlbituble ma;
lienabe, and derasiblc right to reform. alter or o
is il. In such manner shall be most conducn To
the public veal.
H. That no man, Or set of men, are entitled to cxcln
sire or separate elnolumcnis privileges from the COM
hunlty, OUT III consideration OF public services wic!
not being desccndible neither ought the Offices OF napis
tratc, legislator, or judge. 10 be hereditary
D. That The legislative and executive powers of The
State should be separate and distinct from the ;lcary
and that the members of the the two first NAV he re-
strained from oppression, by feeling and participating
The bf'le OF 'he people, they should at fixed periods
be reduced 10 private station, return into that bov
fro: which they were originally taken an! the vaca-
ccs he SUPPLIED by frequent certain and regular elcc
tons in "ch all, or any part Of tho former members
10 de again eligible, OF Ineligible, as the laws shall
direct.
t. Tina; elections of members TO serve rs renrcscnt,.
lives Of the people, in Assembly ought to he free and
that all men, having sufficient evidence Of permanent
common interest wiill and attachment to- the commune
~, have the right OF suffrage, and came, be taxed or
deprived Of their property for public uses, without keir
own consent, or that Of their representatives 50 elected
nor bound 10 any law 10 which thew have not in like
manner, asscntcd, for the public good
How Is THIS instrument TO be construed: Arc we
70 colStrac II as VIC eXpound all other documents
or writings ny what appears upon its face, or are
we to look al the acts of those who adonicd i; be-
lore and alter lis adoption: live look 10 the itstrt-
can there be any doubt about Tie great principles tina.
contained in IT. lpropound the nterogatorv to va
whether gentlemen themselves DO not yield the q!"s-
ton, when thcy conccdc that tic constitution which
shall he tile work Ol our hands must I've submitted To the
ign power Of the State the voters and that their
VIII Is To give H. force, or to defeat it, put it to this
committee in reference TO this important question ha'
by The admission that the majority Of the voters ot
lIls commonwealth may adopt reject the cCastitu
t!o the construction OF this instrument be under
stood but III one way that is: that majority Shout!
have the right to alter abolish their form oC govern
icns without being iramnclcd by the minority oiG:.
the governmental power. Now, what 10
de:sand by certain terms used in this instrument, the
:. ronEil:"ty, people, Sc: Tie ngcnuitt OF ge!.-
t!eEen upon The other side las presented c our con sid.
cra.oa farlos ways by which 10 avoid TIE force Of the
construction that propose 10 give TO this Instrument
The gent Ielnan from piltsylyania Mr. WHITFIELD las
renalRed That The Sovereignty Of the State IS every
thinking human being, and do not know what was in
tended by the honorable gentleman from AIccklenburs.
or GooDE When he spoke Of the entire population al
the State including slaves. Whether il was .hc inca
ton Of my friend to include slaves with view carr
out the provisions Of the bill Of rights shall not pre-
tend TO say but certain it is that the gentleman from
Pittsylvana tAif WErrLE) did declare that the
eighty Of the Stale was in every thinking human being
Of course the blacks well whites-thc slaves well
The free Now, IS this correct cons rtlc,on OF tia;
instrument: put il to You and every member nt this
committee 10 say where the sovereignty of this great
commonwealth Resides Does not the force al circlm-
stances compel every one In admit when there l.
proper atlvn OF the matter that the sovereignty
o! the State Is III the voters The idea that portion o;
the sovereignty in the slaves most remarkable in
decd. The sovereignty Of Inc commonwealth in the
slaves! Why the supreme court of appeals OF your
State has decided that slaves who emalclpacd ar:
not entitled 10 their hire, pending, hc controversy
for their freedom, Tor The that they .aa never
been in the saf:!s OF freedom. fell me. and tell THIS
honorable committee that the sovereignty Of the Statcls
in slaves. when if the slaves crnlEcpa,cd they
could receive their hires during cCntcst for their
freedom. Now, with reference to the ladies ali chli
dreu they placed in very different situation. They
constitute portion of the citizens of the State, because
they free, they in the stairs OF freedom: but for
the purpose OF carrying out the prncll pies OF govern
ncnt, the Sovereignty is vested in the voter
But we are told that The power Of the Stale should b"
regulated and controlled by the ma ory OF interests.
Now. to take the argument used upon the Other side.
what docs ii amount to: understand that this ma Inr!
ty OF interests contemplated by gentlemen, has reference
10 persons and 10 property In the active affairs OF the
State how property This notion OF ma ority
OF interests novel to me. IL necessary for the
argument should contend that the minority Of the
mutr docs Embrace the ina iorit" Ci interests. BIZ
suppose, IN a-ccrtaing what IS meant y the provisions
Of the bill OF rights We look what occurred before
and what occurred after its adoption. In doing so, il is
necessary TO have regard to dates The committee
that prepared this Instrument appointed the l3tl:
of May, l'iG ii was adopted the l7th OF June l7I5.
1t will be seen by reference to the resolution adopted
by the Convention thai the committee was charged
with the double purpose Of drafting bid OF rights and
a constitution or form Of government. The Commit
tee reported 10 the Convention the constitution the
2ih CT June, li16 The Convention resolved itself nt;
q Committee OF tie Whole to take it mo consideration
upon the 9th Of the same month and continued its scs
SOL! 10 c 18th, when it was adopted. Now, II IS cot
tended ny tho ether ,dc that the constitution adopted
in lbs i :n exposition 81 the principles laid down II
The b "i RIGHTS. and a. the constitution adopted cont;
representation e. i hen existed. il tcnds 10 sE"% th'
those VII" framed the Hill Of rights did rot c"nc,a
plate that pcr:cc! equality shat corcnd for. Under
TIC circumstances cumect"d with the adoption oi '.!ai
instrument IL nicil. E" ~ be regarded. II s:OEld be
rccoileced that when the committee was appointed 10
draft bill OF rights tic Convention also adopted re
solution nsructng their delegates in the Colonial Con
gress at Philadelphia propose declaration Of indie
pcndeEce. There is preamble t, that constitution
that is worthy Of consideration. BIT my present pur
pose is to call The attention of the committee 10 the fact
that the constitution Of l1G, which gave to each
" two delegates, adopted in haste and without de-
liberation, ard at that time regarded imperfect.
ccdng amendment III order 10 conform il 10 the free
principles of the bill OF rights.
In support Of this view, beg leave to read TO the
committee, paragra ph taken from Mr. Burkc's History
Of Virginia. published, in lslG. page 49, Referring to
the organization OF the Convcnt0n its powers and has:y
action on the constitution, the historian say=:
1.-The acknowledged defects Of that corstitution-Ge
ccs which originated in novelty in incypcrience and
haste or letters from DISTINGUISHED members Of the Coz