Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-03-02
GENERAL ASSEMBLY OF VIRGINIA.
HOUSE OF DELEGATES.
Fridau, Ftb. %.

The Senate announced that they had passed the bill
entitled "An act concerning Thomas 5. A. Matthews,
If Kanawha county, with amendments, in which
they request the concurrence of the House of Dele
gates. This bill! was laid upon the table
And that they had agreed to the amendments pro-
posed by the House Of Delegates to their endnents
10 The bill entitled San act concerning the Baltimore
and Ohio Railroad Company"
Mr. KYLE presented memorial of citizens of the
county Of Buckingham, demonstrating against the
erection Of bridges By the James River and kanawlla
Company
Mr. SruEPurSsoS Of Tyler, from the Committee OF
Claims, presented report upon the petitions Of Elias
Johnson aud Paul P ndcrson, of the county of Hamp
shire, rejecting their petitions praying that fines i'm
posed upon them might be refunded.
Mr. LEYnuRs, from the Committee Of Schools and
Colleges. presented bill directing the payment Of q
sum OF money to the Visitors of the Virginia Instu-
ton for the education Of the deaf and dumb and of the
blind.
of the county Of Loudoun, asking an amendment OF the
license laws relative hawkers aud pedars not natu
rallied
Mr. LEE presented petition Of citizens of the county
nt HARRISON praying grant OF legislative AID 10 Inc
randolph Academy, in said county.
Mr. May presented copy Of The aggregate OF the
census OF the State of Virginia taken under authority OF
the Government of the IT, 500 copies OF which, on
motion of Mr. STEpmESsos of Tyler, ordered 10 be
printed.
MI. DhoADCs, from the C0mfnlttee on flHdHcei pre-
sented bill TO amend the act entitled san act to reduce
into the several acts concerning the Auditor and
Treasurer, passed Feb 25th 1919.
MIR. LEYBuRS, from the committee appointed to ex-
anime the Medical College in the City of Richmond,
presented report upon the condition of said nsttu-
lion.
The SPEAKER submitted communication from the
acting Second Auditor, transmitting special report
from the Virginia Institution for the education Of the
deaf and dumb and OF the blind, respecting the enbar
Al. al.
gether with copy of the proceedings of the President
and Directors Of the Literary Fnnd, inviting the aen-
ton Of the General Assembly TO the subject; which,
motion OF Mr.. CoLEM.S, was laid upon the table, and
ordered 10 be printed.
Several bills read second time, and ordered 10
be engrossed.
VIRGINIA AND NEW YORK.
Mr. BaYLY resumed his argument and speech in
this case, aud although laboring under cold,
really did il full justice.
Mr. BAlLy said he had omitted yesterday TO notice
the objections of the gentleman from Fauquier on the
score that the bill before them was crudely and
clumsily drawn That gentleman had SAID that under
the provisions of this BILL Virginia Inspector might
walk board and take possession Of one of their men,
ol.war He denied that such would be the But
the gentleman had himself succeeded in taking 1t out
of committee where all these little could have
been amended, and ought therefore, 10 be, most GER
talny the last 10 urge the crudencss Of the mea
sure rs a reason for lis rejection.
But the principal objection OF the gentleman from
Fauauier was on the ground Of the unconstitutionaly
Of the measure, and 10 this objection he would now
address himself. The States sovereign and nde
pendent and had full right TO exercise all powers not
dele gated 10 the General Government, expressly IN
hibed to the States and the question was, whether
this bill did propose to interfere with power delcga
ted to the General Government 10 exercise power
inhibited to the Stacs but the gentleman from Eau
qpr had conendcd that under the section OF the Con
stnon declaring that sthe citizens oil each State
shall be entitled TO all privileges and mmunes Of
citizens in the several States the passage OF the
act before them would be unconstitutional lie thought
that the gentleman had been led into tins by
wrong reading of this clause. 1t was not that the c.
teens of each State should be entitled 10 all the pv
leges aud mmuntes of the citizens Of the several States
but that they should be entitled 10 the privileges Of
citizens. Every State did invest III numerous cases
their own citizens with exclusive and particular priv
leges and the clause the Constitution merely went 10
prevent them from shutting out citizens of other States
from the enjoyment Of those rights appertanng TO eve
nv man living under free Government The bill IL
question attack upon the rights OF citizenship IL
imposes nothing upon the citizens Of " Y, which they
could not impose upon the citizens of their State
He conended that State had right to confer certain
privileges upon It's own citizens and deny the same
to citizens Of other States, and in support Of this posi-
ton cited several authorities The gentleman from Fau
Gger had further concnded that this bill was at variance
with the regulations of the clause in the Constitution
respecting the regulation OF commerce. In the first
place lie denied that this bill any regulation of COM
mercc ALL but supposng that to be the case he con-
tended that perfectly competent for them to make
any regulations in the matter they mig ht deem exped
ent The power 10 regulate commerce was concurrent
in the State Legislatures and Congress- and the power
Of Congress 10 act in the matter did not and could not
prohibit the States from acting also, provided the acton
Of the States did not directly and positively nhbit the
action of Congress But the present law was not
power 10 regulate commerce. it was mere regulation
III, tod hv fhn Gam
stu,on 10 the General Government to regulate nayi-
CATION was be inferred from the power delegated 10
them 10 regulate commerce; thus no law of Congress 10
carry out an incidental law, would be proper law if
conii,cted with State laws which had been passed
for the necessary protection OF her citizens. lie de-
rived the right pass this law from the right Of the
State pass laws Ia the property and oil her
citizens; this the first great object oil all civil TO-
vernmens, and paramount 10 all others The niea-
sure not unconstitutional in any light in which II
could be viewed; and i'll support Of th,s position, the
judgments Of Judges Marshall, Kent, and others,
cited lie denied that they seeking 10 destroy the
Constitutions the authorities of New ork had tram
pied upon express provision of that Constitution,
and the real nulitiers. Virginia had submitted
to wrong long enough. 1t was necessary that stand
should be made where, and at time, against
the daring and growing Fanatlcism of the North; and
he thought that that time must he now or never.
The conclusion Of Mr.. Bayly's remarks upon the
character the designs and the strength OF the Adolf
toniss with the duty of Virginia at the present june
ture, were impassloned and highly eloquent
MIR. Scorr expressed desire TO reply 10 the argu-
ments of the gentleman from Accomac.
Mr. TuSsTALL moved that the subject be laid upon
the table in order give the gentleman from Fanquicr
who was suffering under ndisposlton, opportunity
of replying upon the morrow.
This melton was accedcd TO By the House.
On motion of Mr.. GREGORY, the House ad ourned.
Saturday, Feb q.
On motion of Mr.. BEARD,