Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1851-04-18
tn,,,;,,.a from Fourth Pose.

phFseai D "n,cJ and vet ono man will subdue fifty
horses 1t is problem yet TO be decided IN ia'aFe coz
diets whether majorites or mnortles shali prevail.
1.-THE Battle is not always to the strong nor inc race 10
the swift Let the past decide Tor itself. refer ire
gentleman 10 the fields Of Nlareuso, Austertln and
Watcr;oo-to Palo Alto, La Palma, ard Bu"na Vista
Let them tell how often the victory has enurcd TO the
;naiory-how often the riunlphs of the field have been
borne off by minority.
But another gentleman refers us to the first clause OF
the first section OF the bill of rights aud claims ha. a.
though the principle is no! positively asserted IN t',
clause, its Inference is palpable Let US Try IT. nv
the best way of doing SO is to place the propos''
by side win the Inference, and see they agree
"'rhat all ptn are by nature equally Tree anu HUI
t-co:rolary, therefore, one hundred ana h'e
men being majority have ali ndubl!aoe right 70 so'
err one hundred men, Is there the slightest consistc-
CIV or Conference here l. enough to state the propo
si1on and its utter tutty is apparent.
Then the second section Of the bill is referred TO with
the hone of deriving the power from that But test IL
bv the same uncrring experiment. and how the dc'l-
sion vanshes quote it That all power is vest" II,
ana consequently derived from the people. Corro::y,
therefore, little more than half OF the voters OF
the Commonwealth, mot tenth of the people have
the right govern all the balance of the people Any,
the inference is preposterous If YOU held these
two clauses of the bill Of rights in your hand AZ ropo
stons before this body and should rise from my seal
end propose amendments these differences when
gentlemen have violently deduccd from them, yo"
would bring your hammer upon the table, ana PRO-
Eounce them out OF order. You would declare thch!
lot only inconsistent and ncohercn but absurd para
GoXcal-at with the very propositions VIII! "Eich
they purport 20 aSree
What next, Whv failing 10 find the power sought III
the frs. and second sections of the BILL gentlemen are
driven to the third section and there are told is
manifest, unmstaSaoe
shall presently introduce criticism, which is not
tirey original with myself upon this section, aud which
! hunbly but honestly believe presents the only true
and reasonable exposition of the sense in which il vas
understood By its trainers IT, ENGRAVING upon it the
constitution Of l1I6, they gave 1t the construction
which some gentlemen claim for in this committee,
how false the position in which their and fame
now stand before the country quote the section:
.That government IS ought TO be. instituted for
the common benl;t, protection, and security of the
people, nation, community. Of all the various
modes and forms OF government that is best which j
capable OF producing the greatest degree of happiness
and safety and /, most eectualy secured against the
danger of ma-adminis!raton and that when any gov
ernpaent shall be found Inadequate or contrary TO these
purposes, majority Of the community hath ndu6i-
table unalienabc, and ndefcasible right TO reform,
alter. or abolish il, in such manner rs shall be Judged
most conducive to the public veal
Here IL vii: be perceived that u,a orty OF the con-
murit have the right alter, amend, abolish. Sc,
&c. in such shall be judged most conducive
to the public veal And now ask, what is the ne IN
ing OF this r.iase public veal it stands in juxtapo-
sition with the word community No will contend
that i; implies any thing or less than the word
commonwealth, Invested of lis technicaIitv-thc com.
monS "slth or aggregate wealth and good Of the pub
lic--ahcn IS Of like import with the word republic
from the RoDan phrase res pu0lcG-thc public things
riches. The judgment Of the community is limited
then. u the exercise of this power, 10 the public veal
They only alter. amend, &C., in such manner as
shall conduce 10 that great end
And now, vi al is meaning o. the word commit
nty as it stands in connection with the phrase public
veal; Does it imp simply persons, does il convcr
complex idea' Undoubtedly the latter. Let me IL
lustcate Suppose should take you down to yo;,ccr
shore, and ask you what constituted river--woud
YOU ;oll me the banks: No. The bed: No The
water: Sc: you might have seas, straits, gulis
oceans-.'s fountains Of tho great deep might DC
broken GD-the earth itself might be submcrgcd-ana
yet with all .":s Eou mig! no; have river. You mus;
rave banks: IA, water, mouth and ard these
inherent. properties, If may call them, propery
disposed, constitute the unit call river And thus
it is with community. 1t consists OF persons with ali
me rights which are inherent in them, and Of which
when they enter into society, they cannot ghtfully be
deprived, and of which they depri' posteritv
The first section OF your bill Of rights imposes the linz
tatons aad restrictions BY which these rglts are TO be
guarded and protected quote it "a men are b.
nature equally free and INDEPENDENT and have certain
Inherent rights Of which, when they enter into state
OF society," they cannot BY any compact deprive or d.
vest their posery, name the enjoyment OF life and
iber!y. with the means of acquiring and possessing
property and pursuing and obtaining happiness and
safety" These tie inherent rights which pertai;.
persons which go with them wherever they 60. No
government be rghtfully established or amended.
no compact can be rghtfuly formed by any majority,
great or small! which has not for its basis all the per-
sonal rights to which this section of your bill refers
life, liberty, happiness saety-the means OF acquiring
and possessing property. These constitute the great
community of interests which unite and bind together
society aud 10 them your constitution must be adapted
or you h"e not, and cannot, IN the nature of things,
have photographed and permanent government.
Permit me submit question here: Will gentle
men still maintain that the community can have happi-
ness, liberty, safety, and the means Of acquiring and
possessing property with the loss Of the power which
regulate and protect these rights with the trans
FER OF this power to majority of numbers whose il.
terest 1t might be to rule TO Cypress them; And
will they, in view of the picture which the world ana
al its history presents, ask us TO trust them wiz;
power, when every section OF your constitution is dc
signed to be recorded sentiment Of disrust: No;
would as soon trust the west as the east but ! will
trust none with power which might be seduced by in
terest or provoked by any passion which resides in tic
human heart, to impair or destroy my liberty.
Suppose that the two great districts Of our State
which separated upon this question: were separate
md distinct governments, and the proposition
submitted, for the first time, to unite them undo:
government-woud not eastern Virginia have t!:c
right to approach the subject she does: Wol.
she not say to the west, she now does,
and will not enter into compact which must yield T.
to numbers alone, the power rights aud interc;
which must bear the burden OF that union in the pro-
portion of two to which must surrender the grca
lever of government into hands which may Ia cp:es
lively, and yet not feel the oppression themselves:
there man in the east who would not resist such
union at all hazards, and for all time, until the right,
and interests at stake secured, amply and pcrma
nently, against all danger of mal-adminstration i,
the government think not one. AnG arc We to BE-
toad that the question different aspect &c
cause we are now united: No; the principle apple
with the same force if the question were original
The warning voice of the amcn,cd Randolph still lin
gers in my In The convention of 1900 80, he de-
clared, in that style which was peculiar TO himself
alone g I will give my whole estate TO any il
Virginia, and make him deed for it, and put him i
possession if he will only in the payment o!
such taxes as may choose, fron' time to time, to
sess upon it. 1t is true, western brethren do no;
propose TO down here and take possession of
estates; but they DO propose to stand yonder in the
common highway. the capitol Of the commonwealth.
with the power to tax to their hearts content and
spend the money they please" l quote fro,,
memory. Not tho precise language, but the sentiment
Oar friends of the blind 70 the danger.
which threaten the east and they fears with
guarantees, believe they offered in sincerity, bur
what are they worth! will not call them paper guar
antics in the original of the phrase it would be
insulting. design discuss this subject in proper
spirit and 10 cast no imputations upon any quarter
But what they worth? They utterly valueess
and will prove it, The principles avowed are at war