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jury is one of the greatest securities to the rights of the people, and ought to remain sacred and inviolable. '

"12. That every freeman ought to find a certain remedy, by a recourse to the laws, for all injuries and wrongs he may receive in his person, property, and character. He ought to obtain right and justice freely, without sale, completely and without denial, promptly and without delay; that all establishments and regulalations contravening those rights are oppressive and unjust."

"14. That every freeman has a right to be secure from all unreasonable searches and seizures of his person, his papers, and property: all warrants, therefore, to search suspected places, or seize any freeman, his papers, or property, without information upon oath, (or affirmation of a person religiously scrupulous of taking an oath of legal and sufficient cause,) are grievous and oppressive; and all general warrants to search suspected places, without specially naming and describing the place or person, are dangerous, and ought not to be granted.

15. That the people have a right peaceably to assemble together to consult for the common good, or to instruct their representatives; and that every freeman

We have introduced a number of observations on the subject of the trial by jury, because it has been a subject, in these days, much commented on, and because many have been disposed to look upon it in somewhat an unfavorable light, as it militated against what was considered for the best interest of the community. But we fear we have been so long accustomed to a free state of society, and have comparatively seen so little of arbitrary governments, we have almost forgotten how vitally necessary it is for the security of the rights of the individual, and the liberty of his person. We trust, therefore, however it may sometimes be perverted, we shall yet hold it as the apple of the eye, and no more have it given up, if it could be under any of our State constitutions, than we would have this member plucked from its socket because it sometimes gives pain.

has a right to petition, or to apply to the legislature for the redress of grievances.

"16. That the people have a right of freedom of speech, and of writing and publishing their sentiments; that the freedom of the press is one of the greatest bulwarks of liberty, and ought not to be violated." 1

There were in all twenty amendments proposed, but the above have the most direct bearing on the question. They all, however, like these, go towards establishing the freedom of the citizen, at least the free one.

The main question of adopting the Constitution was resolved in the affirmative by 89 yeas, 79 nays. Patrick Henry, William Grayson, James Munroe, George Mason, were among the nays.

A number of these amendments proposed by Virginia were, for the most part, adopted by the people of the United States, and have become a part of the Constitution. We can, perhaps, tell what meaning was meant to be put on these amendments by the word or words stricken out, as sometimes a single word will give a peculiar significance to a sentence, and entirely alter its import. And is there not an important word in the above resolutions which would give a peculiar meaning to them? and is not that word the word freeman? If that remained in, the framers of the Constitution may have been said to have meant slavery should be continued; but, as we shall see, they struck it out, and substituted the word person, without any qualification; consequently, every

'Elliot's Reports, vol. ii. p. 234.

person, be he black, white, or gray, is, by our Constitution, under its protection; "he has a right to be secure from all unreasonable searches and seizures," &c. If so, we would ask, what is more unreasonable than to seize and make a slave of a man who has committed no crime against the individual who seizes him, or against society at large? We know of nothing.

What say the people of Virginia to the right of publishing one's sentiments now? let her votes in congress on the subject of petitions answer. Does she in this thing maintain her ancient honorable standing, even in words, where the free citizen is concerned? We are under the painful necessity of saying she does not.

CHAPTER X.

EXTRACTS FROM THE

PROCEEDINGS IN THE CON

VENTION OF NORTH CAROLINA.

THE Convention in this State spent much time in the discussion of the power of impeachments. They appeared to think it was a matter of considerable importance; and the report of their discussion is very full. But, as this subject contains nothing that immediately applies to the subject under consideration, it may be proper only to allude to it, as a matter of information to those who may wish to know the fact. It may also be well to say there were a number in this convention who wanted to act on the proposed Constitution as a whole; and, as far as we could judge from the debates, it was among those who wanted to reject it because it did not favor their views on the subject of slavery; though the reasons why they opposed are not clearly stated. But their counsels did not prevail, and the advantages and disadvantages of the proposed form of government were generally discussed.

The following quotations comprise nearly all that was reported to have been said on the several subjects under discussion, together with such other observations as were thought to throw light on the several points at issue.

Mr. Davie, in answer to Mr. Goudy, who said he did not wish to be represented with negroes," especially if it increased his burdens, said,—

"The gentleman does not wish to be represented with negroes. This, sir, is an unhappy species of population; but we cannot at present alter their situation. The Eastern States had great jealousies on this subject. They insisted that their cows and horses were equally entitled to representation; that the one was property as well as the other. It became our duty, on the other hand, to acquire as much weight as possible in the legislature of the Union; and, as the Northern States were more populous in whites, this only could be done by insisting that a certain proportion of our slaves should make a part of the computed population; but, on consideration, it was found impracticable to determine the comparative value of lands and other property, in so extensive a territory, with any degree of accuracy; and population alone was adopted as the only practicable rule or criterion of representation. It was urged by the deputies of the Eastern States, that a representation of two fifths would be of little utility, and that their entire representation would be unequal and burdensome; that, in a time of war, slaves rendered a country more vulnerable, whilst its defence devolved upon its free inhabitants. On the other hand, we insisted that, in a time of peace, they contributed, by their labor, to the general wealth, as well as other members of the community; that, as rational beings, they have a right to representation, and, in some instances, might be highly useful in war. On these principles, the Eastern States gave the matter up, and consented to the regulation as it has been read. I hope these reasons will appear satisfactory. It is the same rule or principle which was proposed some years ago by congress, and

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