Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1841-02-27

HOUSE OF DELEGATES.

Inc Senate announced that they had passed IN
S,u enuued An act concerning Thomas 8. A
Maunews, ofkanawhs county" with amendments
OF Delegates This bill was laid upon the table
And that they had agreed TO the amen dmeuts pro
posed oy the House OF Delegates To their amend
ments TO the biii entitled IAN act concerning tn
| Baltimore and Ohio Rail Road Company
MIR KYLE presented memorial Of citizens Of ,h
county OF buckingham, demonstrating against th
erection OF bridges 0y the James River and Kanaw
ha Company.
| MIR STEPHENSON of Tyler, from the COMMITTEES o
GG,ee'hs. presented report upon the petitions o
Elias johnson and Paul T.. Anderson, OF the coun
OF Hampshire rejecting their petitions, pray in.
mat mes imposed upon them might be refunded
Mr. l.ErBuRs, from the Committee of Schools
ana Colleges. presented bin directing the p,ymen
OF sum OF money to the Visitors OF the Virpini,
institution for the education of the deaf aud dumt
and of the blind
mr. hAMEr presented a communication from ci,i.
zens oil the county OF Loudoun, asking AN amend
ent OF the license laws relative hawkers and ped
lars not naturalized.
Mr. Lex presented petition of citizens of IN,
county oil Harrison, praying grant OF iegisla,iy,
ad 10 me Randolph Academy. in said county.
Mr MAY presented copy Of the aggregate Of IN,
census o. the State OF Virginia, taken under autho
rity ofthe Government OF the United Stotes-s OO
copies OF which, on motion of MIR Srrpurssos a
iyier, were ordered to be printed.
Mr. BRoADDus. from the Committee on F;n,pc.
presented bill TO amend the act entitled can act 10
eeacc into one the several acts concerning the Au
uitor and Treasurer" passed February 25lb. 1919
Mr. LEIBuRs, from the committee nnnon,ed a.
examine the Medical College in the CIV of Rich.
mono presented report upon the condition of said
institution. VI 's'o
The SPEAKER submitted a communication from
the acung Second Auditor Transmitting snec;,l =.
port from the Virginia Institution for The
OF the deal and dumb, and Of the blind respecting
.he embarrassed condition Of the finances of that in
"Ion, tosether with copy of the proceedings OF
INC tesiueht ana Directors of the Literary Fund
ln'tins the attention of the General ASsdnblv ~
the subject; which, on motion of MIR Co,r,, ~
was laid upon the table, and ordered TO be printed
Several bills were read a second time, and order
ed 10 be engrossed
Virginid and .Nip York.
MIR BArLr resumed his argument and xnsech 4,
this case, and although laborins under n sev.,o
cold, really did it full justice. lin condensn, into
short space legal Argument OF two hours ienstb
we feel thatwe are likely 10 enieeble the postions
OF me orator, but trust and believe that he will
make every allowance for the difficulties of our
undertaking. IL is only gentlemen without stand
ard reputations--men OF small, very small minds
who ENORMOUSLY attack Editors and Repor,ers for
NOT making clear that which the muddyness of their
intellect prevents being seen at all.-REpoRrERl
Mr. bAILr said he had omitted yesterday TO notice
the objections of the gentleman from Fnuoner on
the score that the bill now before them was crudev
and clumsy drawn. That gentleman had s,,a
.hat under the provisions OF this bill, Virginia
Inspector might walk on board and take possession
oil one OF their men-oi-war. He denied that such
would be the case. But the gentleman had bim.e If
succeeded IN taking 1t out of committee where ali
these little matters could have been amended and
ought, therefore. to be, certainly the last man
10 urge the crudeness of the measure as a reason
for its rejection.
But the principal objection of the gentleman
from tauquier was on the ground sof the unconsti-
tutonaIity ci the measure and to this objection he
would now address himself The States were
sovereign and independent, and had full r,gbt
TO exercise all powers not delegated to the &c.
neral Government, or expressly inhibited TO the
States; and the question was, whether this bill did
propose to interfere with power delegated TO the
General Government, or TO exercise a power inbi.
oled 10 the States; but the gentleman from Fauauer
had contended that under the section of the Const
tuition declaring that 'the citizens of eoch S,aIe
snail be entitled 10 al privileges and immunities of
citizens IN the several States" the passage oc thu
act before them would be Unconstitutional. he
thought that the gentleman had been led into this err
ror by wrong reading of this clause. IL was mo,
that the citizens of each State should lie entitled IN
all the privileges and immunites of the citizens or
the several S.stes;-but that they should be emf.
tied to the privileges OF citizens-Eyery State did
invest IN numerous cases their own citizens with ex-
elusive and particular privileges, and the clause
~ the Constitution merely went to prevent Them
from shutting out citizens of other States from in.
enjoyment oil those rights appertainins 10 every
man living under free Government The hill in
question was no attack upon the rights of citizen.
shlp; II imposed nothing upon the citizens of New
I ork, which they could not impose upon the c;ti
zens of their own State. He contended thar STATE
had right TO confer certain privileges upon il. own
citizens, and deny the same TO citizens of other
states, and IN support OF this position cited several
authorities The gentleman from Fauqu ier had fur.
Their conended, that this bill was at variance with IN.
regulations OF the clause in the Constitution
ing the regulation of Commerce. In the first nl,r,
he denied that this bill was any regulation of cor,
merce at ALI but supposlng that to be the case he
that II was perfectly competent for them
TO make any regulations in the matter thew mich,
deem expedient. The power TO regulate commerce
was concurrent in the State Legislatures and Con-
greSs, and the power OF Congress to act in The mai,
ter, did not and could not prohibit the States from
acunS also, provided the action of the States did M,
unectiy end positively inhibit the action OF Con-
gress But the present law was not a power IN
regulate commerce; it was a mere regulation orno.
Vigatlonj and the only power granted by the Con.
sttutIon TO the General Government 10 reonIa,.
navigation, was 10 be Inferred from the mower del
egaLed to them 10 regulate commerce; thus no law
OF Congress to carry out an incidental law wnuId
be proper law, il it connicted with our Sto,e
laws, which had been passed for the necessary p,o
teeiion OF her citizens He derived the rsbt IN
this law from the right Of the State TO pass laws n,
secure the property and peace Of her citizens This
was the first great object OF ell civil Goyernmenis
Il
was not unconstitutional in any light in which il
could be viewed; and in support OF this position.
Judgments OF Judges Marshall, Kent, and Others
were cited. He denied that they were seeking 10
destroy the CONSTITUTIONS; the authorities of New
I ok had uamped upon an express provision of
Inat Constitution, and were the real nuilifers
virginia had submitted TO wrong long enough. IL
was necessary that stand should be made some.
where, and at some time, against the daring and
growing Fanaticsm of the North; and he Thought
that that time must be now or never.
The conclusion Of Mr. Bayly's remarks upon the
;haracer the designs and the strength Of the Abo-
uonis's' with the duty of Virginia at the present
uncture, were imprisoned and highly eloquent.
MIR SCOTT expressed desire to reply to the ar- |
suments OF the gentleman from Accomack
Mr. TuEsTALL moved that the subject be laid
Upon the table, in order to give the gentleman from
fduquier, who was suffering under indispostion,
IN opportunity Of replying upon the morrow.
This motion was acceded to bv the House
On motion Of Mr. GREsoRY, the House adjourned
MR.. COLES.