Cooper's Clarksburg register. [volume] (Clarksburg, Va. [W. Va.]) 1851-1861, 1852-03-24

Gne FiSnG 70 alter or aDoIlSn Jnelf form OF
government, without being trammeled by
the minority holding the governmental
power. Now, what are we to understand
by certain terms used in this instrument,
the community" people" &c? The
ingenuity of gentlemen upon the other
side has presented to our consideration
various ways by which to avoid the force
of the construction that propose to give
to this instrument The gentleman from
Pittsylvania Mr.. Whittle, has remarked
that the sovereignty of the State is in
every thinking human being and do
not know what was intended by the ho-
norable gentlemen from Mecklenburg,
Mr. Goode, when he spoke of the entire
population of the State, including slaves.
Whether it was the intention Of my friend
to include slaves, with view to carry
out the provisions of the bill of rights, 1
shall not pretend to say but certain it is,
that the gentleman from PittsylYania,
Mr.. Whittle, did declare that the sove-
reignLy of the State was in every thinking
human being-of course the blacks as
well as the whites-the slaves as well as
the free. Now, is this correct con-
struetion of that instrument? l put it to
you, and every member of this commit
tee, to say where the sovereignty of this
great commonwealth resides? Does not
the force of circumstances compel every
one to admit, when there is a proper in
vestigation of the matter, that the sove-
reignty of the State is in the voters p
The idea that portion of the sovereignty
is in the slaves, is most remarkable
ha oF h. ~
the slaves ! Why, the supreme court of
appeals of your State has decided that
slaves who were emancipated are not en-
titled to their own hire pending contro-
versy for their freedom; for the reason
that they have never been in the status of
freedom. Tell me, and tell this honorable
committee, that the sovereignty of the
State is in the slaves, when, if the slaves
were emancipated, they could not receive
their hire during contest for their free
dom Now, in regard to the ladies and
the children, they are placed in a very
different station; they constitute por-
ton of the citizens of the State because
they are free-they are in the status of
freedom but for the purpose of carrying
out the principles of government, the
But we are told that the power Of the
State should be regulated and controlled
by the majority of interests. Now, to
take the argument as used upon the other
side, what does it amount to? UNDER
stand that this majority of interests con-
templated by gentlemen, has reference to
persons and property. In the active af-
fairs of the State, how can property act?
This notion OF a majority of interests is
novel one to me, If necessary for the
argument, should contend that the ma
jority of the community does embrace the
majority of interest. But suppose, in
ascertaining what is meant by the proVi-
sions Of the bill of rights, we look 20 what
occurred before and what occurred after
its adoption. In doing so, it is necessary
to have regard to dates. The commit
tee that prepared this instrument was
appointed on the 18th of May, 1776 it
was adopted on the 18th of June, 1875.
1t will be seen by reference to the reso-
luton adopted by the Convention, that
the committee was charged with the
double purpose of drafting bill of rights
and g constitution or form of government.
The committee reported the Constitution
to the Convention on the Gath June,
1776. The Convention resolved itself in
to Committee of the Whole to take it
into consideration upon the eth of the
same month, and continued its sessions to
the 28th, when it was adopted, Now, it
is contendcd by the other side, that the
constitution adopted in 1776 is an exposi-
ton of the principles laid down in the bill
of rights and as the constitution adop-
ted county representation as it then ex-
listed, it tends to show that those who
framed the bill of rights did not contem-
plate that perfect equality that we contend
for. Under the circumstances connected
with the adoption of that instrument, it
ought not to be so regarded. 1t should
be recollected that when the committee
was appointed to draft bill of rights, the
Convention also adopted resolution in
structing their delegates in the Colonial
Congress, at Philadelphia, to propose a
declaration of independence. There is a
preamble to that constitution that is
worthy of consideration. But my present
purpose is to call the attention of the COM
mittee to the fact that the constitution of
1776, which gave to each county two del
egateS, was aoopteo IN haSCe ana Wltnout
deliberation, and at that time was re-
garded as imperfect, and needing amend
ment in order to conform it to the free
principles of the bill of rights.
In support of this view, beg leave to
read to the committee, a paragraph taken
from Mr. Burke's History of Virginia,
published in 1915, page 15O. Referring
to the organization of the Convention, its
powers, and hasty action on the constitu-
ton, the historian says:
"The acknowledged defects ofthat con-
stitution-defects which originated in
novelty, in experience and haste, (for let