Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1842-01-18
LEGIsLATURE OF VIRGINIA.
DEFERRED DEB4TE-T Continued ]
HOUSE OF DELEGATES,
E'.,.f,,,, T,,,,,1r,,
fFfNuy, JANUARY Z.
REPEAL OF THE BANKRUPT LAW.

that, he of those who had offered resou-
tons the subject of Federal Relations, and rs he had
been referred TO in the debate which had arisen on the
motion to take up the resolution OF the gentleman from
Preston it was, perhaps, incumbent on HIM 10 say
something in vndcaon of the proprety OF the course
he adopting. When the various resolutions on
this subject offered 10 the Honse, they were op-
posed at the outset They were vehemen'ly opposed
IN every form which opposition could take--riicule,
sarcasm, buresQue. Attempts made TO rdicne
them down Now too, when efior, Is made TO take
up the first resolution it meets with the most persever-
ing opposition, aud this the ground that gentlemen
would thereby prevent discussion
Among the various reasons assigned oy gentlemen
why we should take up the resolutions the first IS,
that it is improper for the General Assembly TO inter
fere in the affairs of the nation at ALL and at 1t IS Off
cious to do So They contend that we uId engage
ourselves in matters strictly appertainn 10 State
alone and leave all else to The care and pervsion OF
Congress. On this point, other gentleml hold diff.
ferent doctrine and while they admit, that the State,
through her Legislature should express her opinions
occasionally on Federal Relations, they sttl hold that
this is not time when Virginia is called 10 speak
out They therefore say that since debate and resolves
are uncaled-lor we should save time ani expense by
abstoinnp from them. Now, far he concern
ed, Mr. Il would have said nothing but for the fact
that gentlemen were making this test question upon
all the resolutions which had been oieredhose of the
gentlemen from Preston, from Fauquier, from Accomac,
and his own He therefore, asked the Indulgence of the
House. whilst he commented the character of the
opposition TO the TO take up He should endea
yor TO show the true character OF the which
had been aidnced Tor not taking up. Gentlemen told
US that We ought not 10 interfere IN national affairs
that we should not ourselves with the business
Of the nation-ihat We should not take II upon our
selves 10 supervise the action Of Congress; and that
by so doing, We should be moving out Of our proper
sphere.
Mr.. CRUTcHFIELD inquired who had advanced such
an opinion.
Mr.. IIoILapAy said the gentleman from Berkeley,
lMr. Hunter) had. lie noticed the genlemans
marks, and took down what he said AT the time. IL
was that it was wrong for Virginia 10 interfere with
the legislation Of Congress at all Such was the broad
scope which the gentleman had takcn-,hus arraying
himself against the great right of State nerposi,ion,
and asserting, that the acknowledged doctrine OF Fr
gina on that wrong When the gentleman
was declaring himself this head, and adducing ar
guments to support his position, il occurred to Mr.. H.
that he had often seen and heard the arguments
before 1t occurred to him that they had been presented
to Virginia by various States in their answers to the
LIBERATED resolutions of 9S-99 At that PERIOD when
the Alien and Sedton Laws had been passed by Con-
press and osed upon the country she denounced them
rs UNCONSTITUTIONAL and called her sister States to
unite with her and conine the action Of Congress with
in proper limits. She sent her resolutions 10 her
sister States. 4 majority OF them responded. Mr. al
held their answers in his hand and he would shew TO
the House. by reading few extracts therelrom, that the
same arguments which the House had heard from the
gentleman from Berkeley, then presented 10 tie
State of Virginia b. the States which were then swoycd
by the FedcrastS.
What said Deiarars, Federal State: "Resolvcd by
the Senate and House of Representatives OF the S.re
Of Delaware in General Assembly met, that they con-
slider the resolutions from the State of 'rgina,
very nnjustifable interference with the General Go
vernnent and constituted authority of the U. States,
and Of dangerous tendency and therefore not Fl, sub
ect for the further consideration Of the General Assem-
hs was so Sa's @D for word the
gentleman from Berkeley. The State OF ode Island
and Pr0ridencc Plantations said "RcsoveFhat in the
opinion Of this Legislature, the ~ section OF the sd
article of the Constitution Of the United States in these
words to wit: The Judicial power shall extend TO all
cases arising under the laws Of the United Stairs, vests
in the Federal Courts exclusively, and in the Sur ne
Court of the United States ultimately the auho Of
deciding on the consttutonaity OF any act 4 Of
the Congress of the United States.
80 Resotrcd, That for any State Legislative as
sumo that authority would belst. Blending together
legislative and judicial powers. "a azardng M IN
terrupton of the peace OF the States By civil d'scord IN
case Of diversity Of opinion among the Stat" lrgs-
latures each State having, in that case, resort for
indicating its own opinion, but to the strength Of its
own arm. Sd. Submitting most important questions
of law to less competent tribunals; and 18th, An nrac
ton of the Constitution of the L. S expressed plain
terms.
this Legislature in their public capacity. do not feel
themselves authorised to consider and decide on the
constitutonality of the Sedit,on and Alien Laws $50
caled) yet they called upon by the exg"ncy Of this
OCCASION to declare that in their private opinion. those
laws within the powers delegated TO Congress, and
promotve Of the welfare of the United State.D
Mr. Fl. said he would also refer gentlemen, without
reading them 10 the answers New York, New lamp
SHIRE and Vermont, then federal States III holding
SIM ar toct ine
Thus, said Mr. H., 50 far opposition 10 taking up
these resolutions Federal relations, rssis on the
ground that Virginia ought not TO interfere with re.
iesal matters at all gentlemen identifying them
selves with the Federalists OF 1893 adopting their
arguments and occupying their position, repndIating
the right of State interposon altogether. II was IN
$50, that Virginia and Kentucky proan ged and
asserted this great principle and though vas opposed
he had just shown by the Federal States the people
were with them: State after State came t., their MD,
and they achieved the great civil revolutic Of 1900
And would the Legislature Of Virginia now sSain gen.
temen resting their on this question on the old
Federal arguments:
Mr. II. alluded to the position occupied by gentle
men who declared themselves opposed to the Bankrupt
Law but were still unwilling to confess the fact upon
the Journal Of the House. lie did not mean to say,
that those gentlemen who had addressed TIC House
and who had thus declared themselves, were afraid to
record their votes this subject stli, lie thought
there were members who would preief not 10 do
SO. 1t natural conclusion that they hSd resolved
TO fight shy Of the question: and avail themselves OF
the ingenuity of their friends for furnishing tfason
They based their action upon the plausible grou" that
they wished to stop debate save time, and husoaid The
peoples money Now, he asked if experience mad no,
shown tina, it impossible 10 stop debate Could gen.
t!emen be serious in their opposition TO debate Were
they not occupying much time IN debate en- The &1oton
to take up the resolutions: Under the decsio of the
chair they were permitted, to some extent, 10 into
the merits of the resolution in the debate on this potion
II they were TO have debate to some extent on the
merits OF the resolution why not to 'he lu eHent-
lfthey TO have debate at all on the subject,
land they in the midst ofit) why not let u be on
the full merits: And after debate, when the vote
came, why not let it be the resolutions themselves:
Why all this effort to avoid the main ques'ioW DID
no, this look like endcavorng to avoid vote on the
resolution, rather than prevent debate: lie certainly
should have thought So if gentlemen had not assured
the House that they did not wish to shrK IN ques-
ton.
If gentlemen did not wish 10 avoid voX on the re.
solutions, why not come up to the questonkoldly, and
record their votes at once If the object was really to
save time and expense he would make them this offer
tha,,n nm