Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-02-05


disagreeabls dilemma and TO thom from being
punishable traitors the United States, ,when act
g expressly in obedience the authority of their own
State, wished 10 have obtained the
third section Of this article the following clause Pro-
vided that no act or acts done by of the
States against the Cned States, by any citizen OF
any Of the United States under the authority one
OF the said States, shall be deemed treason or
punished such but in case of war being Levied by
one or more OF the States against the u States, the
duct OF each party towards the other, and their adhe
rents respectively, shall be bv the laws of war
aud OF nations''
But this provision adopted, being too much
opposed TO the great object OF many OF 'hc leading
T" bers OF the Convcnon which was by all leave
E" the States, at the mercy Of the General Government
since they could not succeed in their immediate and
" tire abolition"
Sir. if ever authority conclusive to rerue heresy,
think that this, which the gentleman from Dinwide
relied TO sustain his argument, direct proof that
citizen may be punishable for against United
States, although acting in obedience 10 the laws Of his
own State.
mir. Brodnax SAIL that lie had read these authorities
not intending 10 sustain his argument by their views but
10 shew that the time of the adoption of the con itu
ton the federal party sustaining the very principles
which republicans contending for.1
MIR. Marshall resunedlt will be Observed Mr. Chair.
that did not remember in what part of his argument
the gentleman had introduced this authority; but avail
myself OF it TO shew how perfectly refues his doctrine
in reference 10 treason against the United States The
dominant party in the Convention Showed inconestby
their opinion on the subject by rejecting the proposition
OF Mr. Marin, as incompatible with their plan of a con.
stiiuion.
Again, it has has been askedIn the even, of con.
fct between State and the United States which CO.
vernment do the citizens of that owe primary ale
glance! The gentleman from Dnwiddie reminded us of
the oath which members Of the Legislature have
taken to support the constitution Of Virginia. The oath
to support the constitution of the United States he SAYS
was taken su6 odo ony that il is farther obiga tory
than Is compatible with the primary aud duty
which we owe TO our own State In this way he recon.
Giles the conflicting obligations. Virginia has the first
claim upon our duty no less than upon affections and
must command our obedience. This, air. adjusting the
difficulty, but in mode that must subvert this Union If
this princip be correct, we have virtually no govern
| tho itution oI,L,
u States oreSaw that such questions would arise that
cases would occur in which the citizen would find il ne.
cessary TO enquire, to which of these high authorities
he should yield obedience and they have answered the
question advance; they have provided for the
cy The sixth article oil the instrument this pro-
vision: This constitution, aud the laws Of the u States
which shall be made in pursuance hei coli and all
tie. made or which shall be made under the authority
OF the United states, shall be the supreme law of the
lands and the judges in every State shall be bound
by any thing in the constitution Laps nj ann STATE
" 10 me contrary nof,oHhStdndng Sir is the Const
tuition OF the United States form OF government ordained
aud established by the people of the Has il NOT
the sanction of their sovereign will given in oir ,evc
ral conventions Does ii the same basis "a the
constitution OF the respective Staes Is the work
the people? Have THEY not declared TO wbon n
mary allegiance shall be in case of collision be-
tween the several deposi,Nes of their power II these
questions be answered aiirnatively, as they must be-
there cannot remain doubt the duty the ciize
Win view 10 obviae these difficulties, and TO avoid
PerpeNity so embarrassing, the gentleman from Peters
burg suggested the idea that it would he for all the
czeh OF STATE IN case OF secession, TO be regarded
responsible solely TO their State losing all
WIN the government OF The Union This suggestion liable
TO ms nsupeabe objection that sacrifices the ryhs
OF the minority 1t amounts to their di,ran chisemen at
time when they conending loyalty for their most in
valuable rights Never, sir, should admit the idea
that bare majority OF State, in moment of ctious dis
CEMENT may thus involve others in the consequences OF
their folly. Never the rights If minority he 40
cruelty sacrificed.
Mr.. Chairman, it is time should draw nv remarks 10
close Admitting am wrong in my whole view of
hlssubect that the right OF peaceabe secession with all
ITS consequences, does in fact exist il unwse TO
make that admission now Will not such a declaration
be disastrous TO Carolina aud fatal ourselves! Her
threat oil nuliicaon Is but the precursors Of the tempest
In vain shall denounce it, if we sanction the uerior
measure. She will Immediately shift her ground and as
sumo the tenable position. She will secede She
Will call upon Virginia sustain her-to carry our COM
mon principles into practice. Already she declares that
Sne mas been following, implicitly the doctrines which
virginia proclaimed in 1898 and I799we do not correct
the error. She counts upon acquescence-we ought
! TO undeceive her.
But, the proclamation of the President! That must
not pass unnoiced Sir does any suppose that this
assembly would have taken this occasion Tor reerang
the virginia principles IT the proclamation had APP
pr AIRED Ihen wherefore engait them address TO
Carol ma Why take this occasion to express your con-
domination Of The President Your objections to the proc
lamaon may be expressed separately There nothing
TO preclude that course AT present, let in
renee TO Carolina should have DONE if the procla
nation had been promu gated let us appear as media
tors, while we avoid all needless and premature dccara-
/ tons
The substitute proposes such course II will re.
|pond to the wishes OF the people They did not send
here TO stir abstract questions They opposed multi
hca'ion-they have not sanctioned secession. If the
right to secede has always existed as some maintain
there can be 40 occasion 10 e-arm il now il not
exist we have no authority 10 declare it, lift be Fouhtiu
let us Tor our own sakes Tor The sake OF tile people
present. be cautious in aud orbear
Mark the consequences of different procedure. II
Virginia should SANCTION directly Indirectly the doe
trines OF Carolna il she give her this scheme
secession; will she not be that State in the
event OF rupture with the General Government? Would
not Carolina say that we had deluded her into this
sure! III we Tail 10 sustain her. would she not have
reason to complain, that basely abandon her in the
hour OF her extremity? Reason aud justice would seem
TO be enlisted her sie-our sympathy could not re-
sist the appeal and the final result would be what some
oil her statesmen seem TO anticipate southern conedera
cy Let us not he ensnared by this delusivc phantom
Let not the hatterng expectation Of supremacy in
new confederation Tor moment beguile II the
! happy Union which be broken it were
fragments to compose gem which would rival their uni
ted lustre.
In conlederacy Of Southern States Virginia might be
first in honor she would be first i'm posilionbHt she
would be first, too in danger. With broad estuary in.
dening her eastern onterwh noble riVe rsectng
! her boscm-wihout navy, and without arny-what
defence could she make, not only against powerful inva
DER but against veXaons intruder? III that day. the
day OF her calamity should come then may hang
her harp upon the willows and sadly former hap.
pness aud glory; then may the aged sire recount to his
offspring, with subdued and mortified spirit the days Of
his boyhood, when the banner of his country was the
symbo OF her reDowD; when IL proudly oated the bill
lows oil The ocean, waved in triumph the plains Of
! Orleans.
-- -.
Twcnty-secOnd Congress. --Scss. 2.