Lynchburg daily Virginian. [volume] (Lynchburg [Va.]) 1852-1861, 1853-02-24
LYNcnnune. February 2lst. 1888

To the Editor tic Lynehburg lagtniaH;
Tho removal of free negroes from tho State
Of Virginia now engages the attention OF our
Legislature. This measure for several years
has excited the public, gradually increasing in
importsnco ill it now commands general at,en
ton. undci the iormer constitution. some
doubted the power Of the Legislature o pass
any law efiecting it. To remove these doubts,
revision was inserted in the present con
stiution in these words: land may pass laws
for the relief Of the commonwealth hon Tree
negro population 10y removal or otherwise"
This seems to be a singular ard unnecessary
provision. The general idea of Republican
. Constitution is that II should protect the weak
from the powcrlul--ihc governed from the
governors
Another distinguishing aud intended design Of
our system isthat power exercised should cma
nate from the electors, and that the governors
should be directly responsible to them. This
is the object Of organic law.
The provision above quoted comes m direct
coaict with both these principles Of our pollt.
ical philosophy, aud has unfortunately found n
place in the constitution. This power of re-
moval (if il exists is an incident of the gen
eral power of legislation and derives no ad
ditional strength from its insertion IN the new
constitution. The history of this proposition
is this. The propo ston was offered in con-
yention to insert a clause in the constitution,
making the removal FREQ negroes imperative
on the Legi.laturc. Had lhw prevailed. the
vote oftbe people Of tho State would have
been directly taken on this measure. 1t WINS
however rejected and the existing provision
inserted.
1t is evident from the circumstances that the
convention itself was opposed to themcasnrc, or
thought the people were But to what weight
is this action of the convention and the ndop
ton of The constitution 10y The people entlIod
on this subject! The history Of this body is
still fresh in every mind The call of the
convention originated, in the west, with their
dissatisfaction at the apportlonmcnt OF rePresen.
ta,ion and tho dissatisfaction of the east with
the then existing law of suffrage. The ses-
sions were characterized By continual strug-
giles for power between these two sections; a
question whether horned cattle or little ne
groes should be exempt from taxation. The
great and radical thangesin the Judiciary and
Executive Departments had been previous y
seued by the known sense of the people and
consequently consumed but little Of the time OF
the convention. The constitution wos adopted
in desperation with tleconviction that Anything
was preferable TO another convention.
The question under consideration thei, pro-
sct.ts itself as one ofstneral legislation. That
"a the removal would be novel, severe, and JUS
iihld by necessity alone, must lie admitted by
all. This class of individuals rest quietly in
our mid What crime ON their part subjects
them to the pa, ishmenl of in Discriminate ban.
ishmeli9 That they corrupt slaves, that they
are idle, degraded aud degrading, are the in
discriminating charges used in argument; a.
gainst them. This is the indictment under
which feeble and unfortunate class is TO be
airdigned. This is The evidence on which they
are to be convicted A free man of color is
living quietly in our city, (as many now
are) industriously following hi, pursuits TO the
injury of none. The law allows him TO offer
no evidence to show the truth, acts on the
presumption Of his guilt, aud banishes him
without a trial. Where are the principles OF
justice, and those rights which have descended
10 us from our ancestors; " hich are our boasts
""' our pro'echon from oppression' How
"onio We receive proposition to eoisl ,te
thus, IN reference to any other class ,o
presume their guilt without allowino trial ,
1t Is hard TO say in the present artificial s,,o
of society what or where are man. nat, -,
rights. But the one oftriai before eond.,,r,
ton, the right Of testimony in defence has bee,
admitted in every age and in every code. Apar
from considerations Of provdcntial interference
any measure is unjust and impolitc " hch vic
g 'a'es these rights and principles. | will nc
use IN, nv wen Worn sa'v 'honcstys the bestpo
Wy 'vr VINO can eoniide in that man who pra
.e's noaeS'y merely from policy | will. r.
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