Also, Rhode Island and Connecticut. Rackets. "Snow shoes." England. CONVENTION. (Continued from page 443.) Mr. Joynes, of, Accomac, said that while he felt it his duty to watch over the interests of his constituents, he considered himself, in some degree, the representative of the whole people of Virginia; and had come prepared to reconcile all conflicting interests by a spirit of compromise: and more especially on the present subject of dequit bate. He denied that the subject had any necessary connection with the right of suffrage, New which he was in favor of extending to all who pay taxes. To raise. "To bring up, to culti- 66 ed in Virginia." Renewedly. "Anew, again." To result. "To decide or decree as *Retiracy. "Solitude." States. Western He regarded it as one of the greatest errors in government, to lay down fundamental principles, without regard to circumstances, the same species of government not being suited to every people. He thought personal rights better entitled to protection than property, but that there was no incompatibility. "Property, said he, asks not for a sword to enable it to do injury to others; it only asks for a shield to protect itself." He denied that the sole object of the amendment was to protect slave property, and that he should be in favor of it, if there was not a slave in Virginia. It regarded taxation, generally. If the question were whether, in appointing represen tatives according to numbers alone, slaves, should be included, he admitted he should be against including them. He denied Mr. Cook's position that with the addition of certain counties in the valley, the slave holding interest would always have the preponderance, even on the white basis; because they had not the proportion of slaves which could give them the same interest as the eastern counties, on question of taxes between land and slaves. He said the slaves in the transAlleghany district were but eight and two thirds per cent. of the of the white population; in the valley, they are seventeen per cent; and in the eastern district, they exceed the whites. He then showed that the fourteen valley counties had a direct interest in preferring a tax on slaves to one on land by more than two to one. Referring to the auditor's estimate of the present BIOGRAPHIES OF DAVY, WOOLLASTON, AND population, he showed that on the white basis, YOUNG. the west would be entitled, in a house of one hundred and twenty members, to eleven 2-3 mem Dr Paris, the author of several respect-bers. That the two middle districts, (the valley able chemical and pharmaceutical works, is engaged in writing the life of Sir Humphry Davy. He is likewise collecting materials for Biographies of Drs. Woollaston and Thomas Young. The Memoir on the former, it is expected, will appear in 1830. and tide water) would be entitled to but fiftynine members; but on the combined basis, the same two districts, which had been called "the heart of the state," would be entitled to sixtytwo members. In answer to the remark of Mr. Mercer that there would not be a majority of white population west of the Blue Ridge before 1850, he said that according to the auditor's estimate, if the comparative rate of increase continued, there would, in 1835, be a majority there of more than 3000. He referred to the constitutions of several of the states to shew that not fifreen states as had been stated, but only six had adopted the "white basis," without modification, neither of which states are of the original thirteen. The constitutions of seventeen other states contained some provisions inconsistent with mere numbers. The example of the last ought, he said, to have more weight, not only on account of their greater number, but of the longer experience of most of them. As soon as this state should be able, like some others, to do without taxes, he was willing to adopt the white basis. the expeuse, to have the power of deciding, when, for what purpose, and to what extent they will contribute." In answer to Mr. Doddridge's remark that the slave holders of the east wished to ensure perpetual dominion over the west, he said that, on the combined basis, the west, at its present rate of increase, will have an equal representation in 1756, with a population even then, far less dense than the eastern country now is. He concluded by saying that although he preferred the combined basis," he would be willing to abandon it in favor of a graduated plan of representation by counties, if such a one can be devised to guard against oppressive taxation-as the most convenient, and most acceptable to the people. Nov. 6. Mr. Fitzhugh, of Faifax, declared himself in favor of the resolution of the committee (the white basis) because it would so or Mr. Joynes here exhibited a minute detail of the average tax paid by each white person in each of the four great districts of the state; par-ganize the government, as "that its future laws ticularizing the taxes on land, slaves, horses and shall emanate from a majority of its recogn carriages, and licenses, in each of which the east ized voters. "In preferring" this principle, paid considerably more than the west, per head," he disclaimed all authority derived from the and on taking the whole together, the east pays eighty-one cents and two mills per head, when the west pays but twenty-eight cents and four mills. He then proceeded to compare particular counties in different districts to show the gross inequality between the east and the west in taxation, connected with representation, and he mentioned two senatorial districts, (containing a twenty-fourth part of the white population,) which paid nearly as much tax as the whole trans-Alleghany country. He divided the public expenditures, not of a general character, between the two great divisions of the state for the purpose of proving that the west drew more money from the treasury than it paid into it. laws of nature, but he viewed it as one of those plain and practical principles, which the common sense and experience of mankind have almost constituted into a political axiom." He admitted that political power was "the creature of Convention," that by the natural equality of man, was meant that no one could claim a natural superiority to another and the wisdom of Solon's declaration concerning the laws he had made for the Athenians-and he asked in turn the admission that the republican form of government is best, that the supreme authority should generally be vested in the majoriry rather than in the minority, and that all departures from this rule should go no farther than the necessity of the case. He said that a line drawn from the Chappawamsic to the south west corner of Patrick, would divide the state into two equal parts, each embracing an equal number of the present representatives to Congress, and entitled to nearly the same representation, whether it be based on "fe With this state of facts, Mr J. asked "if it could be expected that eastern Virginia, if there was not a slave in the state, would consent to give their fellow citizen's of the west, the absolute and irresponsible control of their property? though he had the highest confidence in their integrity, he said they were men; and that "hederal numbers," or taxation and white populawould not, trust Aristides himself" to tax him without responsibility. He said that that hall was the last place in which the doctrine of political faith ought to be maintained-referred to the violations of the constitution which had been there imputed to the federal government, and insisted that it would be unreasonable to trust more to a sense of honor to ensure forbearance, when consitutional restraints had been insufficient. To internal improvements, he said, he was friendly, but he wanted "those who are to pay tion combined. But on comparing these two portions the western division contained 349,720 white inhabitants, and the eastern but 253,361; and that the western gave 23,696 votes on the Convention question, and the eastern but 15,437 It would follow then, that according to the proposed amendment twenty three votes in one division were to weigh no more than fifteen in the other, by reason of the superior wealth of the latHe asked if this was reasonable or just, or consistent with republican principles-and ter. insisted that such inequality was more objec- | that the senatorial district from which he came, tionable when merely "sectional," than if it ap- would not be gainers by the basis they desired, plied to individuals. Besides, if sixteen voters In answer to Mr. Joynes, he said that in the are to be made superior to twenty three, he ask- slave holding counties in the valley, the proporod, where are you to stop, at this concentration tion of voters who were slave holders, to those of power into a few hands? He admitted the who were not, were as two to one, so that the necessity of giving security to property, but this jority in those counties had a common interest he thought, ought to be done by wise legislation, with the east. He objected to invidious compaand not by conferring on it political power. He risons between different parts of the state, and would also guard it by restricting the right of said that Mr. Joynes' constituents may, in this suffrage, which he considered to be the best se- way, by joining the west be proved paupers; and curity for property. If it was inconsistent with that by any division of the state into two parts, a free government, as some had contended, that it must almost of necessity happen that one half the many may levy unequal tax on the few, than paid less into the treasury than they drew from the two middle districts (on each side of the it. But the true rule of equality he said, was, Ridge) had lived under “the rankest despotism," that all should pay according to their ability. as they had paid more than half the taxes, by He referred to the Bill of Rights as containing $30,000, & yet had forty two less representatives the true principles of republican government, than the other two districts. But if said he, it and expressed his surprise and regret that their is tyrannical to vest the power of unequal taxa- authority should be deniei. He maintained that tion in the majority, what must it be to vest it in the natural equality of men was not inconsistent a minority?" with the exclusion of slaves from the social compact, no more than the exclusion of foreigners. The reason in both cases is that "we do not choose to enter into the compact with them." He constdered slaves as by nature free, but this was a question between them and us exclusively and fhat no other people or power could interfere in it. He said he was willing to afford to slave property protection against danger, present or prospective. The danger, he considered to be only from excessive taxation, and this was to be guarded against by a constitutional provision, which is "a paper guarantee" it is true, but so are all the limitations on the powers of government, and the constitution itself. He thought it would be equally so to guard against an unequal distribution of the revenue for internal improve ment. He insisted that the notion of giving the legislative power to a majority of interests, rather than of persons was impracticable, & stated, by way of illustration that, from his own county, nearly one half of the "male tithables" paid but a hundredth part of the taxes. He thought it probable that three fourths of the taxes were paid by less than 100 citizens; and he asked whether it would be consistent with republican principles to give these hundred persons the control of the county," He could not, then, under any circumstances consent to give to a minority the control of both branches of the legislature, and to give it to the most popular branch was hardly less objectionable. He denied that in any state there was such an organization of both houses. He said that Mr. Joynes' statistical statements would be materially affected by leaving out Richmond and Norfolk. He concluded by saying that he was ready to "make every reasonable concession to insure" harmony and tranquillity. Mr. Moore of Rockingham, said that he and his constituents claimed to be actuated by higher motives than of " mere sordid interest," and said He said that women were excluded from a share in the government because they have never claimed the right, and they do not make the claim from their confidence in our sex, and the complete identity of interests. In like manner, he said, it would be time enough to assign the reason for excluding infants when they claimed the right. As to the right to exclude non-freeholders, that he denied so far as respects the formation or amendment of the constitution. In considering the right of a majority to govern, he said it was immaterial whether it was a natural or "conventional" right, as its influence must be recognized before the social compact can be formed; which position he illustrated by the proceedings of the convention itself in choosing its officers. Nor are the rights of the majority incompatible with those of the minority, but it being impossible that there can be two iudependent communities in the same country at the same time," the weaker must submit, or leave the country. He said that the right of a majority to govern had no application to "conventional regulations, but only to the formation of the government, and if they so wil it, mere majorities may, in particular cases, be disregarded, or controlled, as in elections, juries &c. He insisted that there are fundamental princi ples of government, which must prevail, at all times, in all countries; and that the right of the majority does prevail even in Turkey; every change in government is effected by the will of the majority, without which it could not be effected. He said that the term "majority" applied only to numbers, and that "a majority of interests" was unintelligible, like a majority of air, religion &c. He considered the title to property to be derived; altogetherthe creature of the social compact, and that it was not one of the elements of society, but only a strong inducement to enter into it. In answer to Judge Upshur, who had said that if the majority of numbers was alone to be regarded, the slaves ought to be counted, but he said if they are to be counted, which God forbid! what right has he to count them on his side? "Certainly not from indentity of interests, for every interest they have on earth is adverse to his?" He then adverted to the non-freeholders, and asked what interest they had in common with the slave holders. Unless they were "both blind and deaf," they must see that their claims have been resisted by the advocates of the mixed basis. If then this class be added to the population of the west, there would no longer be a majority in the east. In considering Judge Green's amendment for the combined basis of taxes and numbers, he spoke of the practical difficulty of the rule from the fluctuations of property, and consequently of taxes &c. But supposing it practicable, he said the principle was odious, and such as the people would not submit to, if applied to individuals, and he remonstrated against attempting to impose on the western people, what they dare not propose to establish among themselves. He concurred with the other side that there could be no guarantee, he could neither offer nor accept any in relation to the taxes. There should be no other than mutual confidence, without which,the social compact never should have been formed. If however the interests of the east and west are so distinct as has been represented, it furnished an argument in favor of a division of the state. But he did not believe there was such a diversity of interests. He then showed that the people of his district had more interest in common with the Janes River country, than either Culpeper or Accomac had, as the trade of the former was principally to towns out of the state. He repelled the arguments drawn from the James River canal, which he insisted was undertaken principally for the benefit of the east. As to the inequality of taxes paid by the east and the west, he said, if the east paid more for the support of government, they derived more benefit from the government. That all the expensive undertakings of the state were in the east. He said that the plan of making those who lay the taxes responsible to those who pay them, is utterly impracticable, as in a country having a thousand voters, the chief part of the taxes are paid by about two-hundred, and the representative will always be disposed to consult the wishes of the majority. He declared himself opposed to the compromise recommended by Mr. Montoe as subversive of the great republican principle that a majority shall govern. On Saturday Nov. 7. This debate was suspended-some explanations having taken place, during the short time the committee sat. Monday, Nov. 9. Mr. Powell in the chair. Mr. Giles began by insisting on the advantages of unanimity, such as had taken place in the formation of the present constitution, and which he denied to have been the work of haste or alarm. He spoke of the influence of local interests, but it was the duty of all to meet and subdue the difficulty, or to apply some satisfactory remedy. He deprecated the aid of the general government for emancipation, roads and canals &c., the effect of which would be to annihilate state rights. He said the science of politics had not experienced the same advanceinent as other branches of knowledge." The only effort at improvement, he said, was the one adopted by the framers of our constitution fifty-four years ago. We have since " rather retrograded to those principles that our forefathers had abandoned." Which he ascribed to our imitation of the British system. And to the interest which governments have in preventing the progress of knowledge, and "improvements in the science of politics." He next adverted to the social compact-said in its origin and progress, every member is a party to it, but at its completion, the parties become changed by the consent of all its members; and there are then only two parties the governors and the governed, and the majority shall exercise the powers of government or not, depends on the original compact. He said a minority could not rightfully govern, but they may rightfully prevent the majority from doing wrong— as where there is a particular local interest, they may have the power of protecting it. He gave an example of the mischievous spirit of imitation in the organization of the federal executive; which he said had more" monarchical than republican tendencies." He then contrasted with it, the executive power in Virginia, which he defended from the charge of wanting respon sibility. He considered this as "the wisest effort of the genius" which favored our constitution and eulogized it at some length, as well as the constitution generally. He here quoted a passage from a letter of Mr. Jefferson's to show that it was not the work of haste. He then proceeded to defend the existing constitution against other imputations. He extolled the wisdom of its framers in fixing the basis on land, from which every good thing is derived. He also spoke in favor of "intermediate elections," and the separation of departments. Said that "unlimited will, wherever it may exist, is despotism. He said the merits of the constitution were to be seen in its beneficial results-in the moral condition of our society-in the peculiar protection it affords to non-freeholders and to the poor against the rich more than any other in the United States, as justice is administered to him here free of expence. He contrasted too the order and decorum of our elections, with the disorders, and immorality which attended universal suffrage. He spoke of the recent election in New York, and the ticket called Miss Fanny Wright's-and of rhe escape that state had from an Agrarain law: but he did not know for how long. He said that although our population was more homogeneous we would be exposed to similar dangers. He spoke in favor of the county courts, which by the union of their moral and official influence, made the strongest executive in the world. Hence arose, he said, "celebrity of Virginia for obedience to the law. Another peculiarity is, that the magistrates have no reward. In inquiring into the condition of man, previ ous to socity, he agreed with some in their premises, but differed from them in their conclusions, and vice versa as to others. He admitted there had been a state of nature, but denied that therefore a majority ought to govern. He referred to the family of Adam and Eve to prove a state of nature, and that property may exist in that state. He said men were driven from that state by their wants. That there was a mutual dependence not only among individuals, but among nations, which is the foundation of commerce He said the contrary doctrine, as supported by the general government, had cost Virginia, since 1816, upwards of a million of dollars. right of every one to do himself justice, the "smallest portion of property that will suffice for governmental purposes." These would determine the power that government ought to have. He insisted that the charge of seeking what was new, applied to the advocates of the white basis. He compared the Bill of Rights in Virginia and Massachusetts, which had been highly commended and he preferred the latter. He said that the object of the recommendation to a a frequent recurrence to fundamental rights, was for the purpose of watching the practice of the government; and it was very desirable that the general government should recur fundamental principles. JEFFERSON'S MEMOIR, &c. A recent London paper has the following encomium on Jefferson's Memoirs &c. "We have received the highest gratification from a work, which has just issued from the press-the Memoirs and Correspondence of that great and good man, Thomas Jefferson, the celebrated President of the United States. The spectacle of a man of strong powers, devoting himself during the whole of a long life to the good of his fellow creatures, is like the sight of an oasis in the African desert to the spectator of the dirty jobbing and selfish aims of those, who call themselves the great in this country." OBITUARY. M. VAUQUELIN. This celebrated individual, known over the world for the important advancement, which he has made in Analytical Chemistry especially, adds one more to the numdied within the last twelve months. In ber of distinguished Savans, who have that short period Chemistry has especially suffered in Wollaston, Davy, Proust and Vauquelin. M. Vauquelin died recently at the age of 67. He was a member of the Institute, Professor at the Jardin des Plantes and Deputy for the Department of Calvados. BARON LARREY. He stated the objects of the social compact to be to protect persons and property, and a quesThis veteran in Military Surgery-contion arises, how much power should be given for cerning whom Napoleon made the flatterthat purpose. This should be as little as would ing observation, that he was the most viranswer the purpose. There were but two de-tuous man he had ever known-has recentscriptions of right which government could ma-ly been elected a member of the French nage "better than individuals. One was the Academy of Sciences. |