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


MI, had spoken in a strain satisfactory to myself
md At least had convinced myself that no one of those
rguments WAS we'll founded. that no source of that
power lad been satisfactorily set forth The moment
before took my seat devoted TO the examination of
The doctrine of physical force ] then held MS
hold that 1t Is III utter derogaon OF the principles o.
republican government.
Having rejected the various theories urged by the adj
yocaes of the white basis it becomes me- perhaps to
announce my own theor: and to state what deem the
true sanction Of human law. What then la that
ton answer the assent Of each and every individual
member Of the body polite. Not merely the assent Of
any part of the community, whether great or small
not the assent Of majority OF minority, but the
assent of a. OF each and every individual expressed in
the terms of the social compact.
This regard as the true sanction of human laws
the true foundation OF the power and authority Of civil
society.
Sir if we may imagine man in a state Of nature an.
tcceient to the formation of society," what would be his
rehts-hs condition He would be free, independent
exempt from control. Free to consider, to decide to
determine for himself; free TO cXponnd his own law to
Guide and control his own actions, his own uH furnish
ing the rule of his conduct, independent OF the will
u control of all others His conduct what to him
.eemcd ncct-rcsponsibe to himself alone and TO God
ho prescribed the law of his being He had the right tc
will to think TO act and there to control
make him afraid If may say so without Offering rio
cnce to the understanding of my friend from Boetourt
M ANDERSON will say that man in his individual
.apacy before his connection with civil society Is MOI
niv free but supreme and s0vcrc On. Man, in stale Of
,aturc governs himself Il is. because he govern. him
elf. that he can alone give sanction to human law
Man is sovereign aud supreme. hat Is sovereignty
The power 10 think to act to rW, without responsible
sv Ia another Sovereignty is irH. 1t is exh:tator
rom the divine settling and liking III the human
rH 1t results from his intellectual aud spiritual being
determines his superiority over all other OF III,
nirnal kingdom If this be his tT,le cpndtlon-if il
state of nature man have the right 10 control him
eli without responsibility to others, what is the pro
,css by which he comes into society," What the con
alterations which tax. him into society He goes lcr,
10 improve his condition. not by compulson but YyIi
ion And he is the Judge in his case of the term
pon which he will consent to bind himself b. the form
/ society. 1t is his consent alone which bind
i'm He goes forward to examine the probable clicc
# the contemplated change upon his own happiness
lie HIS found himself wrctched in the condition which
e occupies His wants numerous and unsuppIie,-
anccr surrounds him lie feels an invncble ncccsSit,
'nr change He finds others in like condition. lie con
.uts on the expedcnt their ills Their plans ar,
mutually submitted and they are
ldop, d-f deemed unwi-e unsuitable modification:
re suggested and proposed, till made acceptable an,
hen he Yields the of his understanding and tht
onscnt of MS H land thus binds himself to Yield sub
mission to Its provisions and commands. This procc.,
muua! and reciprocal among MI the members Of IL,
community Vitality is infuscd-thc breath Of lii. !,
realhed into the instrument and it becomes the sucia
ompac, The assent Of the anding-thc consent
{ the riN of each and every individual member Of
icty thus forms the sanction of human law. II j,
not the act of the majority nor of the minority wh,I
inds him. H. is only bound by his own aci--and
respectfully snhmt-it is shown that there is not de
iv.blc from nature any Inherent right in the M; nr,
- rule.
Sir. if man ever existed in that apocrvpIal state.
which is denominatcd the state Of nature b. what mo-
4 :. =
/ the larscs, liberty. Why did he rcnoush pos.
iou so eligible come into subsection 10 system o.
social restraints 1t las been assumed BY ethical and
Elementary writers that man existed in this state
+ nature bat is stated alphabetically moi autho.i-
rvcl and only for the purposes Of illustration, sci
nrih more cnsrcuousv tho inrcteratc necessity which
nu,i compel him to abandon snch condition Of pre-
lriou- liberty True he completely free rc>,r,s:.
IL. tn to himself and his Maker but every one c,sr
81, free n. himself Properly cy.tel-ropcrty the
lit 81 God 10 malr-hut all THU: We're held i" common
an,ls herds lociis and all the !nntcous proiuc ;.-
# nature were held in common by the comaon fan ii,.
i man. Each could appropriate to his own use NJ at
.ycr he found unappropriacd by others but he could
retain it only whist held in actual physical OCCUPANCY
:Isright posscssorv, not oprieay-f roaquish-
Il but for moment, the entire property sacrificed
nd lost aud the all .c open IL b. seized anL Drn-
.ria.d bv the first ior;inat" incT. The gather! grui;
igi.t rec ale rs Il tasted dcr2cy--tc .igh;crsd ~
uht ai-fr the cravings and the rawlings of ;ini>i.
4 appc. r-lc skin 81 IN" rcnq cred lion .Jigh rrar
he man,. figure 81 HercicS-thc cave nigh: shelter
rom tho pctng storm. bit the first momc9t when c
,u,,, .rritim possession either was evrn casual,
oished exposed to lc seized lv the first Gr;,
mite 81 powerful rival Such condition was 100 pre-
oriou. Ior cnuraucc, the Of in security was ever
n,infuliv ures"rt ,rc!nr The sufferer 10 rcuan., tic,
4vau;.:cs Of c."i;s !ibery t" find safety AMI rero-
u 4 state OF society
Th,s influence derived aid from The neccss.. Of
C Ip,,-:
FIJI supplies Of ulimprovcd and uncultiya;r M
arre wcdld disappear and fail before a sy-tea Of
tasteful improvilcnce. BIT no one would labor 10
Improve the supply, demanded hy the accommodating
wants of increasing numbers if exposed to BE- rird
( nc results 81 his honest industry. lie will ,.nat no
rec. cultivate no field il the untastcd unripencd ru
a nypn-cd to the lawle-S violence OF trtuicn: ar
re.sor Hence the necessity for safctY and security in
the cnGyment of the results of his own honest indus.
,rv forces him from state Of nature into society He
oes into society in quest Of safety aud security IN
ictv government is the instrument Of safety and sacu-
ritv rs well property to life and liberty. AMI 80
Government which fails to afford these advantages is
either rhiIosophic or admissible
Sir all This is i'll strict accordance with the principles
Of the bill of rights, so Often 50 coqucntT enforced
That sacred instrument declares that AL men have GER
,an inherent rights, of which, when they enter into So
cietv they cannot by compact dvcst their po-terlv
Here is orc class Of rights all placed on perfect equal
I,y-no elevated above another, in degree or din
tgand these inherent, eqGa! rights expressly
nerated in the clause" namely, the enjoyment uf Iii,
and liberty with the means Of 0cyuring and possessing
property and pursuing and obtaining happiness and
safety
Bv the terms Of his clause "th6 means of acquiring
and possessing proporF ranged in the same elias:
and placed on the same footing with the enjoyment Of
lie and Iiberty-nchcr is given preference over tbs
other and both are classcd as 'iahcrnf riqhs as vel
oy the bill Of rights as BY the Law OF nature uov
then shall W" establish diversity and disparity BE-
tween thcm and in government afford to one a degree
safety and security which is withheld from another
They all stand in conStiii and are entitled L
equal flvcr and protection There is nothing IN nature
nothing in the declaration of rights to Justify any dis
elimination between them. They must all rest on ON,
ioun iatIU'i
What then is the character and degree Of protection
md of safety which you propose to extend lie IN,
liberty" BY the principles and provisions of Your pro
posed form OF government! Whatever they NAV be- 70,
are bound to extend the degree of prot ectio t.
the means of acquiring and possessing property Ar,
you content TO protect life and liberty BIZ colsiitu
:ona restraints legislative authority Are vo, con
cnt merely to engraf the instrument the principle
OF habes corpus of magma charta Sir you term then
personal rights and provide for their safety BY Repre-
scntation You allow representation for persons ant
give TO persons actual political power, protect ali per
Sona rights-power TO protect life and ocriy" Now
stree by the law OF nature and BY the principles Of IT,