Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1851-07-01

VINO having capacity to retain after lie acquired it,
came npoy footsteps aud took possession Of il. he had
tne same right to take it had when took it orig
any, although while it my property, i'll my posses
siol 'nere was no right i'll any other man or being to
| control It, or take it from me- And have been simple
cAouSh 10 believe TINT III state Of society the very
cuuasion OF t-except so far rs it has higher and
uiT'he authority-is that maxim Of the law which for
ols yon to afromke any his property without his
consens-"1hou shalt not steal, nor even covet thy
nelghbors goods"
well sir without having entered into any details upon
these subjects ii WAS my fortune in incidental debate
with my friend from Acco,nac, (Mr WIsE) not long
SINCE to express my opinions upon them. He pounc-
ed upon me with all the arder, eagerness and ubil-
Ivy ior which he is 30 remarkable, although | am
very happy to believe, indeed to know that he did not
say what the reporter, printer has made him say in
The supplement- that while il our privilege as friends
!" wrangle and debate and to BE- high in tha
debate than any others. because left it good friends
as when we commenced it, he did not shy (as the ukind
and laundering supplement has made him saw that it
was our privilege too to fytt this question Fight
III one sense of the term, would and doubtless will
until the end but not fight trust any other sense of
The term than that to which have alluded and to which
am sure he alluded.
Mr. WISE. beg leave to any that 1 do not know
that the supplement was very far wrong My remark
was that these two other Richmond gentlemen (Mrssrs
ScoTr and BurTS) were not to be allowed to fight until
you and | did. Laughter.
Dir. LYONS | certainly do not desire 10 see them
ever fight and if they do not until the gentleman from
Accomac and myself fight, am they never will
But in the course of that Incidental discussion gave
some of these opinions They were denounced IN Bour-
bon>h and PROMISE was then made which doubt not
Will be fulfilled as far as practicable, to follow them
trace them to desect them and to expose them Before
proceed then to the consideration Of the proposition of
the gentleman from Henrico Mr. Borrs which has been
submitted the form of compromise upon this question:
beg leave, RS it Is M habit whether from my training
as a lawyer-a profession with which sorry my
friend from Acconac does not seem to have fellow
ieclng-or BECAUSE il ID correct mode Of thinking to
consult the Authority Of wise and grave and great
who have gone before And ain disposed to dstrust
my own opinions and hecdessr to advance them
II do not find some warrant for them either in the long
continued deep convictions Of my understanding
or III the opinions and reflections OF those who have pre-
coded Inc and who entitled to weight and authority
In this spirit beg the attention ofthe committee while
refer il to that essay of Locke upon Civil Government
which Inns been handled about in this Convention with
out having believe been actually produced before it.
shall not stop now to make any rindicaton of that
WORK. because it Is not necessary that should do
an incompetent to the task of viudicatiug such
work, and it would be imputation upon this body to
deem it necessary, if were, while upon nv part ii
would be confession Of vanity Of which, trsl have
given evidence, and Of which, hope, believes
me guilty.
Locke savs [vol Q, p eoo]:-"If man in the stute
Of nature be free has been said if he be absolute
lord of his person and possessions, equal the
greatest aud bect to nobody. why will he part with
his freadoInl Why will he give up this empire and
subject himself to the dominion and control Of any
other power! To which it is obvious to answer that
though in state of nature he hath such right yet the
enjoyment OF it is very uncertain and constantly expos
ed to the invasion OF others. For all being kings,
much ms he every his equal, and tho greater part
strict observers Of equity and Justice the enjoy
of the property he has in this state very unsafe
very insecure. This makes him willing 10 quit this
condition. which, however free, is still full Of fears and
continual dangers and it is not without reason. that lie
seeks out and is willing Join in society with Others
vho are already united have mind 10 unite for the
mutual rcservau of their lives, liberties, and estates,
which call by the general name property"
The great aud chief end therefore, Of mems uniting
into cornnonwealths, and putting themselves under gov
eminent, is the preservation Of their property. To
which in state of nature there are many things
wanting.
"Frst.-Thcre wants III established, settled known
aw, received and allowed by common consent. to be
he standard of right and wrong and the common meas
ire to decide MI controversies between them For,
though the lnw Of nature be plain and ineligible to all
rational creatures yet men, being BIASED BY their inter
est rs we'll ignorant for want Of study of it, not
apt allow of it law binding TO them i'll the appll-
cation of it to their particular
"Secondlv-ln the state ofna there wants known
a:d indifferent Judge with authority to determine all
Differences according to the established law. For every
o,e in that state being both judge aud execuoner of
the law of nature men being too partial to themselves,
passion and revenge is very apt to carry Them too a'
and with much heat in their own cases as well rs
negligence aud unconcerncdness to make them too re-
miss in other mems.
"Thirdlv-Iu the state Of nature there often wants
pwer to back and support the sentence when right,
a,d to give il due execution. They, who by my
Justice ofcud will seldom fail where they arc able by
force to make good their in Justice such resistance many
times makes the punishment dangerous, and frequently
destructive to those who attempt it"
Horc is man in state of nature and II he Is as free
81. IL, -
10 nobody, why will he part with his freedoms Why
will he give up his empire and subject himself to nnoth-
ar uwer to which he must answer if it be not to
;,ne advantage not afforded bya state of nature?
! | cannot state the proportion more clearly or as
dearly ns it is stated here and the repetition OF would
rot make it mure clear, or distinct ineligible, than
ly once reading for it is stated with the characteristic
eearness Of the writer. Every body understands it
and it is unnecessary and useless to repeat it.
But again, Locke says, p o07, 8 =
"'Tis true government cannot be supported Without
great Charge and It's fit every one who enjoys share
Of the protection should pay out of his estate his pro-
portion for the maintenance oft But still it must De
With his own consent c. the consent of the majority,
giving it either By themselves or their representatives
Chosen by them For if any shall claim power to
lay and levy, taxes on the people, by his own authority
and without such of the people, ne thereby III
vades the fundamental law Of property aud subverts
the end Of government For what property have III
that which another NAV By right take. when he pleases
!
"Thirdlv-They must not raise taxes OH the proper
~ Of the people, without the consent of the people
,;iveu bv themselves their deputies And this prop
ery concerns only such governments, where the esla
tive is always in being, or at least where the people
have not reserved any part of the legislative depu-
ties, to be from time to time chosen by themselves
Now there can be no difficulty about the proposition
According 10 this eminent writer, in state OF nature
man had property and personal rights and i'll state
Of nature no man had the to control either the per
son or property of another and both were Insecure 30
etv was therefore instituted mainly for the Purpose OF
projecting that property which could not protect ITSELF
where there Gun be organized force employed TO protect
! il, if it cannot be protected without force
! ask again how eau there be divine right, riSht
by nature, emanating from the great God oi nature
to regulate and control that property OF another or ta
person of another in state of aoclety which man did
not possess when in state of nature without the
vention of anv conventional law at ALL Yet Is THIS
natural right this fright divine which supposed TO DC
violated by the conventional arrangement
have adopted and which here now propose 10
and if we cau to perpetuate And because we deny this
assumed natural right and would preserve the govern
meut of our orefabers gentlemen charge Us with being
tyrants, spectators oppressors and arrsocras and on
nm. hand they threaten with almost every terror III
some form or other which can be brought to frishten,