The Virginia legislature thought proper to make an exception of that case. These depend on the law of nations, and no twelve men that could be picked up could be equal to the decision of such a matter.
Then, sir, the freedom of the press is said to be insecure. God forbid that I should give my voice against the freedom of the press. But I ask, (and with confidence that it cannot be answered,) Where is the page w4iere it is restrained? If there had been any regulation about it, leaving it insecure, then there might have been reason for clamors. But this is not the case. If it be, I again ask for the particular clause which gives liberty to destroy the freedom of the press.
He has added religion to the objects endangered, in his conception. Is there any power given over it? Let it be pointed out. Will he not be contented with the answer that has been frequently given to that objection? The variety of sects which abounds in the United States is the best security for the freedom of religion. No part of the Constitution, even if strictly construed, will justify a conclusion that the general government can take away or impair the freedom of religion.
The gentleman asks, with triumph. Shall we be deprived of these valuable rights? Had there been an exception, or an express infringement of those rights, he might object; but I conceive every fair reasoner will agree that there is no just cause to suspect that they will be violated.
But he objects that the common law is not established by the Constitution. The wisdom of the Convention is displayed by its omission, because the common law ought not to be immutably fixed. Is it established in our own Constitution, or the bill of rights, which has been resounded through the house? It is established only by an act of the legislature, and can therefore be changed as circumstances may require it. Let the honorable gentleman consider what would be the destructive consequences of its establishment in the Constitution. Even in England, where the firmest opposition has been made to encroachments upon it, it has been frequently changed. What would have been our dilemma if it had been established? Virginia has declared that children shall have equal portions of the real estate of their intestate parents, and it is consistent with the principles if a republican government.
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