Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1851-04-15

The gentleman from Albemarle, (hr. SouTHALL) als'
told us very directly the other day. that the bill o
rights stood outside of the constitutlonhat when tn
costution was framed it constituted the rule OF gov
eruent and stood the interpreter OF the bill OF rights
Mr. SOUTHALL II the gentleman will allow mi
to interrupt him for moment, will say that If ne hat
paid little more attention to the remarks had tn
honor to submit the house, he would not 40 have ul
derstood me- recollect distinctly saying would stan'
by the bill of rights. founded my whole argcment OF
the ground that the principle of representation accord
ing taxation was sustained not by any Rngio claus
of the bill of rights but by the whole document seli
Mr. SUMMERS That is very true. In one part o
the ventlcmans argument, he did say he ~ouu stant
hy the bill of rights, but with hls PERMISSION, VIII III
quire Of the gentleman from Albemarle whether he dl'
not say that the bill Of rights was TO DO TAKEN 10 ae
tcla.aory of the equality OF men in state anterior u
the formation of government and that when govern
m.nt was formed the bill of rights became tunef"' Of
feiof
Mr. SOUTHALL Not at all.
| III. SUMMERS. Then all have to say is, that tht
gentleman has been misunderstood, not only Dy myself
but bY large number Of the members OF this ConVen
| N. sOUTHALI Well, perhaps from the n,anne
in which expires myself might havo been m'sun
derstood intended to say that in the formation o
government the first clause of the bill OF rights mad ou
Ri. ~ dn in determining how it shall DO organized
Mr.. SUMMERS. The first clause OF the Dill OF right
| is III these words I'll,
nndsn and have certain inherent rights OF which, uer
hev enter into state Of society they cannot oy any com
nat deprive or dircst their posertv: namely the en-
oyuea of life and liberty with the means OF acquiring
aud possessing property, and pursuing ana obtaining
happiness and safety ,, :
The bill Of riyhts, az we all know, was adopted oil
the eth day of June 7I6 and was prehSe to the con
sttutun which adopted on the 2sth OF June no
The first article of the present constitution OF 1917
lis in these words
The declaration of rights made on tho 18th day o.
June l76 by the representatives Of the good people
Virginia assembled in full and free Convention trheH
v.raiaeit to them and their po'1i:v rs me oas!s '"'
foundation Of government, requiring III the oPilnoh
this Convention no amendment shall be prefxcd to thu
constitution and have the relations thereto 10 II
had TO the former constitution of this commonwealth
Here il is declared that this instrument was INTENDED
10 announce not the rights OF man i'll state OF nature
but the rights which have pertained to the peope .
Virginia and their posterity, under the government
which they formed, and to be the basis ana iou'ua:o
that government 1t acquits George Mason anu hs CO
adutors of the ollr imputed to Them OF having III '
rrat hour Of trial about to anuse themselves win
speculations ~ To tho OF man III state OF
merely They did declare the equality OF man u "
state nature bit this only announced 10 oe i'
lowed up by the more important declaration that when
they enter into state Of society they cannot, by any
compact deprive or dvest their posterty OF that same
equality /. was the equality OF those inherent
rights which pertain to al the members VI TUG o,d.
polite that they intended to say should DC
So TOO the second clause of the bill OF rights declares
that all power is vested in and consequently derived
from the people How is power vested IN the people
In quail quantities depending upon difference OF lot
tune OF BIRTH or talent upon any other contingency
How pow .r derived from the people or IN other words
how are they to exercise it in the appointment or etec
ton of their ag.us Are thev to exercise it in proper
ton to their wealth. according to any other adva'
iace they NAV have or their fellow .ncn Surely not
II is no. ouy intended TO be declared that the peoear"
The iepos,are5 Of all power in contradstlnetio 10 the
monarch but is by necessary consequence i'.ed ~
be declared, also that tho people the deo-t@res OF
noli,icaI n,wer in equal quantities. But gentlemen
saw that the first clause of the bill OF rights recognizes
property and the right acquire and possess properly
~ ole OF the things which government IS instituted 10
protect And they argue that this protection can only
be given BY allowing representation TO Property-lnsl
The legislative branch of the government must ne
ba-.i IN uurt upon property. and thus enable II.
though dumb to speak in the representative As
scnilv through III. mouth Of ita o|hers. ne argu-
is tha. property in the hands {" u. "wners Is tax
ed for the support OF the government hat the owners
should have power IN the government IN proportion to
The contribution which they make TO the public tresu
rv-tha this power necessary to enable them to pr"
rct themselves from excessive TAXATION by those wh'
contribute less and that the ouy etectual protection
which can be secured them is to give to the different
ecions Of the commonwealth. representation Ill The
Ssnat. and House of Delegates proportional to the
Hv .etRs'' ".N
Mr. Chairman, recollect that at early period IL
our lab,rs some writer in the newspapers SAID that
there were ninotv-fve lawyers i'll this Convention sp
rchend that many of friends on the othor side ooE
nnon This nupstion too much IS mere lawyers 1hcy
look upon governments and national compacts IN Tho
ame light thew look upon mercantile copartncrshlp' aiI
Joint stock associations In these, the parties vote &c
corlnq 70 the interest share which ech mas In 'h'
Il
concern. That interest s solely pecunary one. II
also limited interest part Of each share holder
fortune is invested in the joint adventure while tn
residue remains subject to bis individual control I'M
whole capital of the company consists OF the controu
lions which each partner has made to the common stock
and these contributions may be equal or unequal In
interest which each holds Is to the extent Oh ms
ncnt aud no more. His control III the management 0
he concern is therefore very properly in the proportion
| Of his lccunary interest
! But sir the capital of q nation does not CONSIST
dollars and cers. Its object Is not to make money
national associstiou-to keep book of profit and ios
and TO declare dividends among those who arc parie
to it. These pre matters for individual enterprise
energy, and skill and while it is the duty OF every goo
government TO encourage ts ctizens IN the acqulslto
If property, and to protect them in the possession
,, the fruits of thu" o*n ntiustryhat il the best gov
eminent which ntereres the least with the voluntar
pursuits of its people.
No sir the capital of nation is of higher cousit
ton than this Its citizen! constitute its capital Its OF
ect is to protect and defend the lives the liberties,
ihe means Of pursuing happiness of each and all it
members In these great rights AL it's members sr
equal and by consequence each has an equal iute.es
IN the northumberland OF these rights stand on pre-
cisel the same footing, and they each declared
harent BY the bill OF rlghts
Now. it will be conceded BIZ all, that each citizen
ouu to every other citizen in his right to life and
his right to have that life protected By tho government
% Which he belongs without inquiry to the vall
or usefulness OF that life either in res" - himself hi
family or his country. Without reference to these,
mans liz, il IA valuable and dear, aud-as much to
i shielded 81 anothers SO as to personal Gberty-th
liberty Of one man is be much accounted Of tina
LOT another without regard to standing in societ,
1 wealth or usefulness
II So a,so. \, to tho "mcans OF pursuing and Obtain
ing happiness and safety of which the acquisition an
possession Of property is one. All men stand upon
equality as to this right, they do IN regard t" tn
r,ht to life and to liberty. No man can clam NOR
for himself from government because bis ME may
more useful to the community than that OF his fellow
nor because his own liberty is of more consequence
himself or the public than that OF another why the'
should he be permitted ask or to have weight or PRIV
Lies over others because of his greater success IN ID
ACQUISITION of property and thereby his greater ah
70 be useful to the public in tho way CT pecunary co!
,rbntiop to the common fund! Men are unequal !
norrlcc in virtue in talent and in physical etrenstL
! Thaqa