Page:Debates in the Several State Conventions, v4.djvu/611

1836.] ; it is impossible that it should be practically denied until the spirit of liberty had wholly disappeared, and the people had become so servile and debased as to be unfit to exercise any of the privileges of freemen." These eminent constitutional lawyers agreed in opinion of the importance of the provision; they differed only in thinking, the one, that the right of petition could not be too clearly defined; the other, that, whether defectively defined or not in the letter, the people would take care that it should in spirit be faithfully observed. While the first entertained a wise jealousy of the encroachments of the people's representatives, the other looked for the protection of the public rights to the people themselves, the masters of the people's representatives; and, as the fears of the former have been verified too speedily, I trust the hopes of the latter will be not less truly realized.

When the Constitution was submitted to the people of the respective states, for their adoption or rejection, it awakened the warmest debates of the several state conventions. Some of them, in accepting the proposed plan of government, coupled their acceptance with a recommendation of various additions to the Constitution, which they deemed essential to the preservation of the rights of the states, or of the people. The commonwealth of Massachusetts insisted, among other things, on the adoption of that memorable amendment.

New York, North Carolina, and Rhode Island, proposed, either literally or in substance, the same provision ; and the consequence was, the addition to the Constitution of the article, which I am now discussing, on the right of conscience, speech, and petition. And, such being the history of this clause, I look to the gentlemen from Virginia especially, constant and honorable as they are in their attachment to constitutional principles at whatever hazard, to go with me in maintaining inviolate this great original right of the people.

, 1836.

Mr. PRENTISS. If Congress, under the clause giving it "exclusive legislation, in all cases whatsoever," over the District, has authority to impose taxes, and provide how they shall be raised, for local and municipal purposes, I do not see why it has not the power, by means of taxation, to effect the abolition of slavery here. I say nothing of the right or justice of exerting the power for such a purpose. I speak only of the power, and of its capacity to be used to accomplish such an end. But, however this may be, I hold that Congress, if the public interest and welfare require it, may directly, and at once, emancipate the slaves, on making a just compensation to the owners. The clause in the Constitution which regulates the taking of private property for public use, is not, in my opinion, restricted to such property, merely, as may be converted and applied to the actual use and emolument of the public. I think the word use, in the Constitution, is to be understood, in a liberal sense, as equivalent to purpose or benefit; and that whatever is taken for public purposes, or for the public benefit, is taken for public use, within the meaning of the Constitution. Neither justice, nor the security of private rights would seem to demand any other or different construction. No principle of justice can be violated, nor can private property be exposed to wrongful and unjust invasions of power, when an equivalent is required to be rendered. A more strict, narrow, and limited interpretation would be obviously less beneficial, and does not appear to be called for either by the words or the intent of the Constitution. Such an interpretation would