Richmond daily times. [volume] (Richmond [Va.]) 1850-1853, 1852-03-24
rom the Richnond eforoincr

| toricat Society, By IlEEaY A. WASHINGTON,
Professor Of History q Po}shcai Economy at
William q Mart
lpurpose to make the Virginia Bill of Rights
and Constitution Of 177G, the subject of the re-
marks which ! shall address to you this evening.
select the Constitution of &c, because it was
the ilrst written social compact ever reduced to
practice, and made the foundation of an actual
government, and for the further reason, that its
adoption constitutes, in my judgment, one of the
most important stages in the progress of human
liberty. On the 29th Of June, 1776, fire dqns j..
Advance Of The general Declaration of Indepen-
dcnce, and amid revolutionary perils did our
wise and gallant forefathers assembled in the
ancient capitol Of the colony, and clothed the
first instance, perhaps, in human historv,0 with
the sovereignty OF a whole people, adopt this
great Charter of rational and manly liberty as
the fundamental law of the Commonwealth
And that day, as conceive, is not only the proud
est In the annals of Virginia, but one of the most
memorable IN the annals of the human race I
Shall prove to you, before | have done, that in
| giving utteranee to this sentiment | speak the
language not Of extravaganza, but of soberness
and truth.
1t is no part of my purpose, to compare the
constitution OF '76 with those which have sue
ceeded it. They are all, without exception.
framed upon it as model, modified, it is true.
from time to time and in greater or less degrees,
to meet the progress of society and the principles
~ historically, IN its relations to the past-as a.
step in political progress, and, viewed in this
llght, do not hesitate to declare that it is in nv
judgment, one OF the most gigantic ever taken
towards substantial and well-regulated freedom.
by one and the same act of sublime vaor and wis.,
dom, did the men of '76 declare the ancient con-
| necton which had bound the Colony of Virginia
to the mother country, dissolved forever. and
frame for themselves and their posterlty an in
strument of government which has become the
universal model Of all those free institutions
which have since arisen both in the old world and
the new-thus binding up our State soyeregntv
and our civil and religious liberties in the same
great Charter
We commonly speak of George Mason as the
author of that Charter In certain sense, he
was its author The Bill of Rights and Consti-
tuition of '76, with the exception of the pream-
BILE, were prepared by him, and laid before the
| Convention. In this sense that truly great man
was their author. But II 1t be imagined that that
instrument was the conception of George Mason.
or any other man-that it was the mere coinage
of his or any other brain-that it was framed
with reference to any mere abstract theory of
government existing in his, Or any other mind, no
greater error could possibly be committed. Nv
own conviction is, that no Constitution or frame
of government, the product of mere theory. and
speculation, ever has existed, or ever can exist.
the quarter of a century. Locke framed such a
Constitution for South Carolina. Seyes cave
birth to a glitter" of such Constitutions for Re-
publican France. We know their fate Thew
persisted, in the very effort to reduce them into
practice And such will and must be the fate
of every Constitution, which, taking no aecount
OF the peculiar habits, customs, manners opin
ions and prejudices of people, proceeds upon
the hypothesis that society, like parchment, NAV
be cut into whatever fantastic shape the Whim.
Or caprice, fancy of philosopher, or legislator,
or theorst may choose to dictate.
The Constitution of '76 is not the spawn of
theory or political metaphysics 1t is the ancient
and immemorial rights, franchises and PRIVILEGES
of the coloniss of Virginia, gathered together
and bound up in one great system of law, order.
liberty and justice. Our fathers brought those
rights, franchises and privileges with them from
England. They are of foreign and not domestic
origin. The truth of history acquires ME to saw
matured in the new world, but the germs were
brought from the old. They constitute part of
that 'inheritance of the English race, settled or
them at Runnymede,' and which, though com
plicated, in the mother country, with all the con-
sequences of the eonquest-with the tyranny Of
that Norman dynasty, the iron heel of which Still
presses On the neck of the English people-with
the Three Estates of the Realm and ali those in
Vulnerable abuses and injustices which have grown
up with the ancient Constitution of EnSland
have yet secured to her people larger portion
of rational freedom, substantial liberty, than is
enjoyed by any other people on the eaEth, excent
our own. Their portion in this inheritance
rights and liberties as freedom Englishmen orr
fathers brought with them to this continent
They were guaranteed to them in the original
Charter of James l. confirmed and ratified in
many subsequent royal charters, expressly stnn-
lated and reserved when the colony capitulated
to the forces of Cromwell and the Commonwealth
and ultimately sealed with the blood of our faith
ers in that revolution which resulted in orr indie.
pendence. And here, in the new world d;sem.
barrassed OF all those membranes which attach
to them in the DID, applied to societies which knew
no ranks or classes Or partial ADVANTAGES and
modified from time to time to meet the nrooress
of those societies. they have become the fonnda-
ton of governments under which has been raa-
LIKED as much happiness, security and prosneritv
as has ever been realized under any governments
established among men.
The history of those rights, franchises and IL
berries, which our fathers brought with them
from England, which they enjoy ed throughout
the whole colonial period, under the protection
OF royal charters' and the courts Of law, and
which, when all connection between the colony
and the mother country had been dissolved for.
ever, George Mason and his associates gathered
together and bound up in the Bill of RIGHTS and
Constitution of '76-the history of these rights
franchises and liberties, is what wish to Snealr
about this evening | wish to trace their rise.
progress and development. I wish TO show va,
that they have not sprung from modern sneoyla-
ton, or originated in any abstract theory Of hu.
man rights and human equality; but that thew
have an ancient orgin-a high and noble pedigree.
and are in truth, an inheritance transmitted to
this Democratic age and country from the bosom
of an exclusive aristocracy. This is what wish
to show to you this evening "i'i.
When we come to look at the Constitution Of
TO- analytically and philosophically, we find
that, passing over the mere machinery of govern
ment' it is, in principle an instrument drawing
line between the powers of the government and
the rights of the governed. The single object
and function of the Bill of Rights is to assert