Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1851-04-11

live departent does not the gentleman by his guaran
tee strike down the great principe oi i'9otty ruiz
: alou, which we have heard 8" much cry SINAI
minority may by that r ,%rn" their pre-
film ycur LEGISLATURE aud there is no guarantee which
pruden1 MAJ! can rely upon t" protect hlhi "ch "'c
not operate rs restriction upon the power VI the Ma
II jorty r.;,1 ,oo. nat d,s;r
>. 80 ,;ro,'r.ar, me- understand him TO say that
harn yrdnnsI rs guarantee for the security "i slav
that no law upon that subject should he pass
/ ed but bv a majority Of eastern members
!. Nr. TEEDWAY That "a shat understand =,
Mr. BROWN. proposed no Siich guarantee lher'
w,s ri,r in nv district, where the people passed
= resolution expressing their Willingness to the icorP"
= ration of such provision III the CONSTITUTION" III th'
event that our east brethren were fearful o l 'i'
sion Of that property if the white basis should DC adopt
cd lid not, however even ai'ude 10 II III 'hs I', n
= made. and. therefore would beg gentlemen not Il
/, uud,r.:anI me as Offering any guarantee whatever
W.. ware r;Il;n TO Give such would require our
selves and some were suggested which might be beneli
cia bu none in light which my friend has regarded ::
II Mr. TREDWAY. | was mistaken rs to the suaraItc,
which supposed to have been presented by my rlenr
from Preston and am very glad to be corrected bu
will take AZ he sars il was proposed by some OF HI
constiiuents who suppose arc as warm advocates
the right of the majority my friend from Preston
himself and present it "a an instance in which you dc
trample unon the majority principle The same ctfcc
The committee at the head of which the gentleman
from Jcfcrsnn Mr liuSTEE) and whose report CAME IL
the other day lie is for protecting slave property by
providn in the constitution prohibition against an.
future amendment of the clause which We may ai"I
in regard 10 that property Why, that would be mop
| !crs,ive. The objection To it Is, that you cannot by
your constitutions say that the majority OF the com
IaIny shall not alter their constitution IN any respect
lie they shall think proper 1t conflicts with one OF TN
principles Of the bill Of rights 1t will be "anscendg
,fynnpp M
he bound regard any restriction of the kind that vi
may impose upon them and, therefore, such provls
ion will not answer the purpose designed. We must
dstrnst anv guarantee you offer believing, w
TO- that it is necessary to incorporate, rs principle IL
the basis Of representation some controlling motive ir
1.-The legislature, by which the taxing power shall be
strained and KEEP: from abuse. Until the time shall
leone when majority oil the voters shall represent
those who own majority of the Interests, or of the tan
pavng property, there ought to be principle incor
pcracd in vor constitution which shall tic the hands
uf the majority of the voters. having the minority I"
Interest rs TO prevent them from infringing upon Tn,
fright; and interests of the minority OF voters having tho
majority OF interests That is what ask of til:
"rr. Now when gentlemen tell that YOU ought II
have property protected when the gentleman from
Jefferson has said il ought be protected by govern
ncnt--and he is evidently unwilling II trust the suf
ra;c basis without eualanccsl ask if it ia not. in
principle mach All attack upon tho maturity prnc
!c Tor which they contend the mixed basis principle
itself! If YOU are willing to SO for guarantee. IN any
form, then wnt restrict the power Of this
majority in he legislature that they may not violate
the rights of property and Cypress by taxation Yet
YOU are unwilling To put the power in the hands oil the
minority Of the representatives in the legislature. Take
"a guarantee III fo.n You choose and it is either in
etlcctua to accomplish the purpose intended else il
Is to the extent to whch II goes, rs much violation n
the majority principle the mixed basis itself But Of
what value would these guarantees be in the collstt
oni 1t might protect to-day but let there DC call
for convention upon the principle contcnued for 5y
some gentlemen, by majority merely of the voters OF
the commonwealth and your constitution, and all the
guarantees contained i'll ii, may at be cut down. aud
til" power of the majority left unr.strained. The con
litutiun which may be just to-day may be changed in
few years and made greatly obnoxious care not what
you put III it. care not if you provide that no prop
crtv held By the shall be taxed ALL still the east
will not be protected if it holds property subject t"
alton, will the west be protected if it shai! ever
possess majority OF the property subject to taxation
50 long bare ma orty of numbers, not having ia
urty Of interest, shall have the power "repcal H. NJ"
the only safe, practical and just course. to adopt ~ "
place ii in the power Of those who have tie majority Of
interests, To protect themselves and maintain that you
only do that, by giving them power III represents
ton We ask not power which can be used 10 oppres-
or in lure any man III any part oil the STATE but which
shall only give effccual and permanent protec
tun against that evil which is most apt ~ rise i'll gov
crnmcnthe abuse OF the tax lcvyi;'S and DISTURBING
power Give only security against that which
shall be safe under this and nil constitutions which mar
he formed, which Establishes principle operating alike
in every section under like circumstances DO that and
the east is safe the west s SAFE and injury can be
;dumc to 2nv.
We have ha some lessons in regard to the effect of
constitutional guarantees We might refer TO other gov
.crrmens mas refer 10 the great magng ciartu, OF
Great Britain to Tic principles which ha.o been cs-
'taD>cd there, and intended to guarantee procc-
Stion To the rights of the people OF Great Britain and
We might be prolitcl in learning how those guarantees
have been disrcgardcd will read, as an illustration
Of the effect of guarantees Of ths character an ex-
tract from the author to whom referred while ago.
| Lord Brougham says:
The thirty renewals of the magma charta the con-
stant and almost unrcsiScd nvasnns of the exclusive
right Of Parliament, to levy taxes, by the Pantaganet
Princes OF the house of Iorklhc basc subscrrcncv of
the Parliament, the vindictvc measures Of parties
alternately successful during the lrnuhous mc Of the
Lancaster linc-thc yet more vile submission of the
same body to the first lndors-hcr suffering arbitrary
power t" regain s pitch after it had been cxtirpaed in
the 18th century in the rightful lessons of dstrust in
Parliament, and III all institutions and all laws taught
by the ease, with which Charles H. governed almost
without control, Mt the very period fixed upon bv our
best writer's that of the const tutions greatest hco.
rcca pcricco-and above all the VERY narrow escape
which this country. had of absolute monarchy bv In"
happy accident Of James H. chasing to assai the rcli.
gion of the people before Inc had destroyed their liberty
and making the church his enemy instead of using it, As
his willing and potent ally against all civil liberty
There are e!cn passages III the history of our govern
mcnt may we'll teach distrst Ill mere statutory
securities; TO remember that Judges parlamcnts and
ministers, well kings fra men, the sport OF
sordd propcnsities vain fears tacous PASSIONS
! Now these lessons which may learn I,v refer.
cncc the historical facts acverted TO- But the idea
which has been denounced monstrous and as revolt
ng 10 human naure,-that we must look to the inter
ess of men, in forming government has been enter
tanned by the most distinguished men of our country,
and is no new thing, introduced in this discussion for
the frat time. A opposite here in furnishing case
in which constitutional guarantees not regarded as
safe, an, be relied upon because they did not rest
upon that which will alone preserve them the interests
of those concerned, let refer again to he debates
i'll convention frame tho federal coustituii.n In the
formation of that instrument there provision pro-
posed in regard to future apportonmens of power and
this was in reference 10 the contribution of taxes The
rule Of contribution to be regulated by the number
of whites.
In Federal Convention l1S7-
Mr. Ellsworth moved that the rule of contribution bY
direct taxation shall be the number Of whites and three
ffls of every other description until some other rule
that shall more accurately ascertain the wealth of the
several States be devised and adopted by the leg
stature.
! Mr. Randolph said the danger will be revived that
the ingenuity Of the Legislature may evade or perver
the rule, to pcrpetuate the power where it shall
be LODGED in the first lance, and proposed that