Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1851-03-18

:, ,r,ron. recognition ol rights VIM
81. IN I, ' IA soc'stS Nv free and indepe
Il 'iiat MI men are BY nature equs. ,hicb when In
49,. ;, "'' 80 ''li inherent fiS'l'so' - S9mpi
h atr mi" Il state Of society they caanut hv ii. I'd,
h d'pr!ve or dvcst their ro> crity namely, the cno
ri c ami liberty with the means u acq ;ru: am ;)o
cS,"g property, and pursuing and obtaining haplncr
and safety.
The second section declares that nil power il ve,.e
H. and consequently derived from tie people that .g
slrlcs ae their trustees and servants and ut al time
ainenable to them. The third section, the upo
Which i"st criticism al, been expended in this discus
IS rs follows:
That government is ought be instituted for tn
common benefit protection and security III the people
il'io or community Of all the various modes and urll
% government that Is best which is capable of protu
cS The greatest decree OF happiness and safety and
most electuay secured against the danger Of nial-ad
nitstration and that when any government shall b.
'chd inadequate or contrary to these purposes. ma
"riiy oil the community hath nIubiable, inalicab
and indcfca>ibe right alter. reform abolish it. il
such manner shall be judged conducive 10 the
public veal
! Upon the right construction of that section turns
much Of the arguments already submitted to this con
veniion y majority of the community" in the ycal
lao, when this declaration Of rights was written ant
promulsea understood bv no one To signify nl:
orty Of the proprietary rights of citizens i aorty
oil the community Is no" Interpreted to import not
majority of the community Of citizens hut ma crty o
nagc can be unamhi;uous, it is this language If the third
ectlo of the bill of ghts-and It's clearnt-s consists
asserting that ority Of the community, ma ory
o the citizens, have the right 10 alter and reform gov
crnmcrt whenever il is dce,nc best But am told here
that contcmporancos exposition Of this phrase gives
10 il another sniiica,ion consistent with the
views OF gentlemen who favor the mixed basis What
are Tie evidences al these contcmporaneos expeditions
They are 10 be found told III That frame work Of
government III that constitution which the same body al
-I..lI lrI 4 al
strong evidences in favor OF tho Interpretation placed
upon i!iS section ly those men themselves. Let
consider the point They certainly would not have
celved IN absurity, bu, let if they haze not
majority o the community il is called, ave the right
I" alter and REFORM but is said the other side that
majority Of the community may exist with the mnori
" Of the people and is found i'll the majority interests
another name for superior wealth. Would il not follow
from that that minority of the community minoii-
" Of the people have the light 10 alter and abolish Ii
hey have how then would YOU read th, clause! Why
that minority Of dis community have right To alter
and abolish anl therefore, the ina ori;v Of the
niy have not the right 10 alter and abolish. Gentlemen
who maintain the propricy of the mixed basis in the
convention declare their great ycncralon FOR this bill Of
rights, hat they approach it as if it We're almost sacred
pcral quite certainly very precious that The;
believe II contains fundamental truths, and that they sub
scribe 10 to.e truths with the Utmost cordially They
20 Step irt!:cr and they maintain that this mixed be
SIS j. H., only consistent with hi, declaration 81 right
but cos;s, with all the other reforms which eastern
gentlemen understood to favor. take it that the
gentleman who believe III the rcctu!c of the princi
ples cn;ncated ii the bill of rights will not vixen they
come 10 carry out certain great reforms admit that those
reforms are Incompatible and inconsistent with the prln
cip!es Of the bill OF rights Yet need say that thci
will be utterly inconsistent with the constitution OF IL
And ii on,is;ent with cnch other how they bol
be con>st"n; with the common standard. Your own ar
gunen; ASSERTS by the radical changes you advocate
that the constitution Of 16 fundamentally wrong
and if Fundamentally wrong 1t cannot be consistent Will
the bill OF rights. which your reforms consist
ent. Can i II seems to me not The constitution :"
80; therefore exposition of the principles
the bill of rights Bit find in that old constitution
~ which Is said give Interpretation that Is ncon
siseut with The basis Of popular Representations in!e
rent and Cnni.takcabc evidence that the iraElcrs
that constitution had never in their contemplation an,
such doctrine that Of mixed or known Is such bas!-
That con ituton provided that the legislature shun'
whenever Inc cyigency required j, form counties
\ MEMBER There was constitutional provision
on the subject.
I Mr. NELSON. Bat the legislature did form nev
counties and whenever they formed now Counties, the
gave to cch county delegates and they did 1t, a
! understand in consistency with the constitution o! -
Va man pretended to deny the uionalit
Of such an act You know from the state of the cour
try and the condition of things which has cxlsc, iron
ITO down 10 this time, that II has been absolutely Il.
cc.sarv in the western country, thu; counties =hoad
formed, having considerable population. although M:
kim, bu, yerv insignificant contributions IL the pub;
treasury Aad vet these very counties under tina, o!
constitution were allowed BY law. representation
III. l-j stature equal the most p"puloGs counic--
equal IL rr-e counties aMp. III territory. and
l;rnt in :hcr circumstances and the largest cnlri.
tor 10 I'll, public treasury. How can those ii.:ngs
reeonc:lcd si;h he prnci pie now advocated and wc
. said 10 le in accordance with the principle o the COZ
titution ol l76. which constitution 1t l, SAID rrco9
! nizea the rlro;rietv Of . mixed basis
. IN, ii. ruci by way Of commenting upon The thir
,ccon that whatever BIZ thi- majority oil the COMMIT
uity which had thu right to alter and reform govern
men, whc:s,,c: that government ceases |" oe fr"mo'
NJ IN. interests they never can exercise tins re.
! rn,;i .he contingency specified in that election Il
i, .xcrc;.e stall arise. Tina. | understood to be IN
1. o.;,;o, bor Well! agreeing that it is the
fo.;,ion and n AT majority If the community cann'
exercise that ri. Ii; until the happening OF the contns"!
: 9. specified here - nat io""' 10 " io''o" '''
e. the minority Of The government shall rise up and 81
ii h+ Ills coptnra ncy has not arrived when the naurit
i, h. love that j; has arrived, Why i'll what dilemma
o in what n ridiculous position the trainers OF this bill
Y rirs wo,ld he la ccd lay -uch doctrine! he maj"
i 10 b.v. certain light. and yet the exercise OF tn
o r;t j. drpcnen; uaon the caprice of minority. VIII
r il would prove IL to i { no right ct all. The right
alter and reform belongs to the majority whenever
III. onnion Of that GRITTY the occasion arises to Ji
n ,iIy is exercise But, - /, SAID, contcnoraneous e
;,;op dcp;, the cunsl Gctio; but proof accomp
J. MES ans OF these assertions Will re.r gentlemen
d, Nonroe's. rs con.cmpora ncous with Mr. Mason an
others who formed the bill Of lights. Slcnr'
d was one OF the bright contemporaries Of III" l!'
II .r.ous authors of this bill OF rights and lis "p
ION was. that the popular basis of representation
consistent with and is iouudoi upon that biz of RICH!
have asserted that the history Of Virginia 'Tond d
mon.t,ae the exalted estimate she has placed creto;"
II on his popular basis of repre-. cnatlon have no
II n,sscl in rcy= that bill of rights. one of the mo
llocmn instruments ever procla med IN this Stall:
whch thu, doctrine is explicitly declared; and would
If moi l very remarkable 20 believe, while Virginia 81
n (red this ycnerted bill of rights TO remain Iretixcd
her con t:,ut!ol aud most cherished in the hearts OF Il
n ncaolc that she should aposatze from 'he faith there
If ,y,r,sedl II would be strange. pass NJ strange
II cin; has never renowned that faith. The constitute
Of l776 became generally and justly odous. II pr
n uc. universal dissatisfaction Throughout. the Comma
}. wealth, and the people demand reform
l. Accordingly in the year 1916 when tho house o. d'
6 nj. cons;.i. Of 200 members chiefly -tro The -
III, WA, introduced into that body for c. Hing 60
f. yc1ion expressly to cqu.lize representation upon Il
ba-i- Of ,. white population or popular hasp ana ~
i Hi passed the house By large majority Ii pa:
I'm. Lou thus constituted after Discussion jnvev
al the principles of government now invoise IN ~
discussion. During that discussion in lsl6 4 TT'io
V ion was .nhntcd amenda;ory /" the ere J N!
il named providing for representation upon slarss III
80