Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1851-05-09

the law CT wrecks based upon v idea :" uttel, III
consistent with all no"n- of rr!h ana reason
Surely IL Is not based upon tie rights at tie 'h@ f'
s." but upon the right of the owner III IT. Ana IL Is
not reasonable suppose that Blackstone ~ ms diTl-
sion Of rights, into rights al persons and r. 81 'iSs'
meant any thing than the right 20 the cni"vincht
ofproperiy. So thai the right Of property i riSt ,t
pertains exclusively the OF ii. aud /! III last
but personal right The rights Of The person are inc
rlsh,s of life liberty pursuit of hapri!c- rr!%'"S
Privileges dc. ant to these i added, aiIS' fSht 10
the mi"ymcnt of his property. il; h- land 'r"c. her
scs, and ether property Is no: that what Eicksn'e
meant br his division of rights into right oil lrf-"S
and rights Of things: And Il you give i:as', or r.
presentation, To these distinct rights of r;i w"i y"
not give him vote ior his right o prr-" Il'! i'
err for his right in his property: CouG You 4" any
thing! more than that which would necessarily eNt"'
equality Ill the citizens of the commonwealth; And
that Is what the suffrage basis does BY giving "U" repre-
s-ntalon 10 every vetcr without distinction, for the
protection of Tie equal rights Of all | very readily
admit that property is entitled the '.lle- prot"ctn
when by that i meant protection the right III the
owner III 1t but III no other In any ether sei'>c
we must arrive 1T the absurd c0nr-cn that property
has dituc. rights per- Sc, which claim The protection ."
the government. And to that absurd conclIlsi"n We
are bound to come before give II separate rep
rcSentarlo base representation upon II scper" ;:.
apart io;:l ,ha; that is based upon lhe person.
Having admitted that property. or the rights OF midi
vual, in their property is entitled 10 protection, the
Marry have been the appeals 10 the fathers IN l:* dis
c;ls>0n and TOO must call TO my aid the !":arco deeds
nj those who have gone before And whilst al
nit they have nowhere distinctly declared i'll that sa
cred instrument. all profess 10 receive IL orr ldc
The precise mode in which ii is To be :n" they haze.
think, ccarl" recognized it, And the reason they ii!
not distinctly declare it. think resulted rom the oh
vuus fact that the prope: mode plan: VIA! r"nc
could mistake it, That mode known i" an, imart!>"d
b. all civilized nations they. doai, regarded Il The
bes, for orr country and the that would be received
and ac;c upon b. us. The took il nr granted that
all knew what had been understood and Iric!acdLr the
civilized world. from the foundation II government
own to this dav And hence they simply recognized:
that mode % protection, without any specific iuct "'
ioc It's observance Their view Of The matter lnay b."
found in the eleventh section Of the bill q! rights :,sl
is ill these words:
That. in controversies respecting property, and in
suits between man and the ancient trial br Jury
preferable I" any other and ought to be held sacred
Wnca is il that proper:" requires protection: Under
what circumstances does il require The all Of govern
.ncni ana i'll laws: Surely il does require tina: ~.
and tia, protection when there is controversy
spccting the right OF ownership in il. >urer it does
need that protection there Is no controversy
specting the commission n pass upon the rights Of
the owner of IT, Ii Is the cXis;cna" o. controversies
respecting the oats in II that makes 1t necessary That
it should have the protection OF the G"T"Tn:nrnc. ii
nv right OF ownership in property conceded CO MI
hands and by every body then the aid "f government
is net rcqurc, fpr the protection oi hIt right for il is
conceded to be ndi>puiabc. Even "u>id" Of all
vent:onal arrangement governmental compact where
all rights made 10 depend physical strength, nt
the right al property i conceded Ia the most powerful
there my right OF property would require pro-
tecticn "a long that right remains nndi pitcd Il i
Then the existence of controversies respecting il, that
makes il Necessary tia, it should have the rotcri 81!
90 vernmcnt. And fathers have told ~ that the
proper mode of protecting property i'll controversies
= l,,.t I,. II
mean that jury ia's should be Incorporated in the
,anc law, the basis Of political power: Ia mind
it j. clear that they intended that tie rights al
persons in property should be protected by law and
that the property itself shoml be erected into law
making power Gentlemen in this argument have to-
tally perverted the great design fer which government
Wa Instituted They PIT property ab"v" The law h.:
making ii tn" governor ar part 81 the government IN
stead of thing TO bc operate! upon 10y t! laws ii the
government for protection And Inc :, tcIrln from
FauQi!"r Mr.. Scorr,) and. believe. sihcr la
:!ci this doctrine :r 20 declare tia; property wa
= constituent clcnc!: Of society. In lii ton. 'icv
have the authority oil Judge Up>lcr in the last caycn-
ton Bu Is II correct Soccty. under. TODD b. I'LL
people, IL used b. all wri!crs and n dctiuc, IL? lI
!cxco hers means the union nt nILcr OF ration
y! beings number ri person; united ell Ter fnr a
temporary " permanent purposc. Then how mani
Elac things j.. :aCc 10 constitute. a bart 81 such
mich am "A: loss t. understand Can that rrnai; lie
ic good tina; requires t.:.il OF such mons ross
propositions to -"si:ia it: And yet gentlemen a.r
necessarily driven {" that position IN order t. -Slai
the MIXED oasis; For the 'iHrt: basis proposition j.
based upon The hypothesis that political sGi.ty j. c..
posed Of rational beings and inanina,c things united
10 consider discuss. and enact laws for the government
Of that >oricty. Aud, Epm thai view al; The mat! cr
property is thing 10 be- operated upon hy the .y-
rrnmcnt. fn protection bat IA he mltIc part o. the
government itself. Bat how >ic prouu.un 10 b..
rc,.c!cc with the rca; dncri'" OF III" h,i! .! r.
in winch our father have declared that NIL pow.
is vested III, an nna"lGc;;ly, derived from the pep
ple:
But let me inquire further. h"% wonll property he
protected. If the rcrrc- natvr feature ,.tr. >r!:,lt
from the government! have not. a yet head an,
rci cinan deny ih? govcrlln. c.u! cx;, vit!.,i.
the representative catul" presume il will no. be
denied Governments have existed w!:hor; the rci,r.
sentative feature, and they will exist arau in u,luv
instances ere this world terminates it. existence We
have all heard {: that pure democracy established bv
the pilgrims when they landed, from the N,yilower
u,,n the Deal: shores OF New England and shook the
forest with their HYMNS OF lonic,t praise" The repre-
sentative feature did exist in the government csia
sEcu b. them And We; the sfc,, object ri tie :ov
rr.lncut the protection Of prr-li> aud property
IT. then We /" strike the representative feature
from III. government Of Virginia how. would property
c protected, according to the principles and ;rsun.cl,s
IL The advocates of the mixed basis. In that sc the
whole people would assemble together to enact the
laws. Upon government of the assembled people a
mich Obligation would rest For the prOIe c0n "f proper
tv as deyolycs upon the government ri Virginia
IN government without representation the r;.<
persons and the right: "i property -r,;d b. held a
sacred ani in"niabl= they are nov Their claims
upon the ;oTcrn"ci Tor ':nrc;icn would bc strong
rs load, ;al - i>in> they #t prr,cHt. How
then would that protection BE- afforded in ar .asca'ia.c
Of til. Whole people coll, l,r,ct!cr t. ca,t ruc
recon, truct tl:c Organic l;t;, cn.c laws il thu
primary capacity: Would you assemble the property
TOO aud confer with it %; tie clements ui tina
society. Would S", ii government without repre-
sciton assemble III" people and property, and con-
Ter upon them voice rT"portionc their nunlcr All!
value >Ioald like to hn"w how else ;ui would pr"
property, uoa the principle If the naked basis. il
government wiiioU; Vie representative fcatErc AND
yet i'll such All a<scniJagc oil tc who'll rcGn!" n#'
would far moment thnl; Of advancing the prop,,
ton tina: property oud be heard there in the cact
mcni Of laws either Tor It's ow, protection ~ The pro
lection OF the personal privileges Of individuals. Suci
proposition wonld be 100 absurd or any sane man II
:nakr How, then, would the advocates Of the mixed
basis give protection upon their principles There
is but one way, and that would be to give to the pro
perry holders votes p-oporicaed, in number TO the
amount or value Of their property But let gentlemen
attempt that openly, and they will then ON uprising
ground swell of popular commotion and pubic
wrath they would no. like to face Then they would
hear those loud bursts of Indignation from the masses
that would hur the property holders from their seats
OF power and bring them speedily To occupy their pro-
per place IN the political powers of the government by
the side of other men. And yet, by the mixed basis