Daily Richmond times. [volume] (Richmond, Va.) 1849-1850, 1850-04-30

neral Assembly, and now met in Convention. hayin;
fully and freely investigated and discussed the proceed
ngs OF the Federal Convention, and being prepared
well as the most mature elaboration hath enabled u.s.
decide thereon, DO, in the name and in behalf Of tn
people OF Virginia, declare and make known that tn
Potoer granted under the Constitution, being deriuet
from the people Of the United States may be resumed
By them ,ohensoeUer the same shall be perverted Il
mer INJURY or OPPRESSION and that every power no.
granted thereby remains with them and at their will
nat therefore right, or any denomination, can De
cancelled, abridged restrained modified, by the Con-
gress, by the Senate the House OF Representatives
acting in any capacity by the President or any Depart
ment or officer of the United States except in those
instances in which power is given by the Constitution
tor those purposes: and that among other essential
rights the liberty OF conscience and OF the press cannot
be cancelled, abridged srestrained or modified by any
| authority of the United States.
With these impressions; with solemn appeal to
the Searcher of hearts for the purity OF intentions
may exist in the Constitution ought rather to be exam
ned in the mode prescribed therein, than to bring the
Tn into danger by delay, with the hope of obtain
ing amendments, previous to the ratification:
We, the said delegates in the name and in behalf of
the people Of Virginia. do, by these presents assent
and ray the Constitution recommended on the seven
and eighty seven by the Federal Convention, for the
Government OF the United States hereby announcing
to all those whom may concern that the said Constr
tuition is binding upon the said people, according
ing Il. e. copy OF the Constitution OF the United
States of America, as agreed upon by the Convention
OF Delegates OF the United States held at Philadelphia
On the same day, and before the agreement to
this ratification, it was, on notion
Ordered, That committee be appointed to prepare
and report such amendments as shall by them be
deemed necessary to be recommended pursuant to the
second resolution and that the Hon. George Wythe,
Mr. Harrison, Mr.. Mathews, Mr.. Henry, His Excel
lency Governor Randolph Mr.. George Mason Mr..
Nicholas, Mr.. Grays0n, M Madison, Mr.. Tyler Mr..
Smith, the Hon. Paul Darlington, Mr. lnnes Mr. Hop
kins, the Hon. John Blair, and Mr. Simms compose
the said committee.
On Thursday, the 26th of June, the ratification
was signed by the President in behalf of the Con-
vention.
On Friday, the following day, Mr.. Wythe re-
ported from the committee on Amendments, first
Gin twenty artcles) a declaration or bill of rights"
asserting and securing from entertainment the
essential and unalienable rights of the people; and,
secondly, twenty separate amendments to the
constitution, with article, at the close, decar-
ing that ''the Convention do in the name and on
behalf of the people of this commonwealth enioin
it upon their representatives in Congress to ex-
ert all their influence and use all reasonable and
legal methods to obtains RATIFICATION of the FORE
going alterations and provisions in the manner pro-
vided by the fifth article of the said constitution
and, in all Congressional laws to be passed in the
mean time to conform to the spirit of these amend
ments, as tar as the said constitution will adj
nit"
All the articles of the proposed Bill of Rights
and the twenty Amendments, were agreed to with
out division, save the third Amendment, which
was in these words:
"When the Congress shall lay direct or excises
they shall Immediately inform the executive power of
each State of the quota OF such State according to the
census herein directed which is proposed TO be there
by raised and the legislature OF any State shall pass
law which shall be eectual for raising such quota
at the time required by Congress- the and excuses
laid by Congress shall not be collected in such State
A motion was made to strike out this amend
ment, and was decided in the negative, ayes S.,
noes IS. The most prominent of those who
voted to strike out were the two Nicholases, Gov
Randolph, John Marshall, Mr.. Madison, Bushrod
Washington and Mr.. Wythe; whilst the Presi-
dent, Judge Pendleton, Judge Darlington, Judge
Tyler, Benjamin Harrison, Patrick Henry, Bland,
Grayson, Mr.. Monroe, and George Mason, voted
to retain the amendment. Nothing could have
more strongly evinced the jealousy of the Con.
vention, lest the Federal Government should be.
come oppressive, than the proposition contained in
this amendment.
The second and third articles of the bill of
rights, proposed to be attached to the Federal con-
sttution, also afford an instructive lesson to the
descendants of the Virginia patriots of 1776:
"2d. That all power is naturally vested in and conse-
quenty derived from, the people, that magistrates
therefore their trustees and agents. and all times
amenabe to them
sd That government ought to be instituted for the
common benefit, protection and security of the people;
and that the doctrine of non resistance against arbi-
fra1y p0l1er and 0preSSaon as absurd, SLaUish and
destructive to the good and happiness of mankind"
Well might Judge Robertson ask the question,
are we the same people? when he recalled from
the past these memorable principles of our ances-
tors, and compared them with the avowals now
sometimes made of the absurd, slavish and de-
structive' "doctrne of non-resistance" to any
law, however unwarran ted, it may please the Fe-
deral Government to enact.
The first of the proposed amendments enun-
ciated that great principle of States Rights, which
has been the theme of so much discussion since
the foundation of the government 1t was in these
words:
LIST. That each State in the Union shall respective
ly retain every power jurisdiction and right which ia
not by this Constitution delegated to the Congress Of
the United States, or to the departments Of the Federal
Government"
The first Congress which met under the Con-
stituton, agreed upon twelve amendments, embo-
dying many of the principles declared by the Vir-
gnia Convention. Ten of the twelve were ratis
fed by the requisite number of States. The tenth
amendment thus ratified is the same in substance
with the first amendment proposed by Virginia,
being in the following words:
The powers not delegated to the United States by
the Constitution prohibited by it to the States are
reserved to the States respectively to the people,
These "reminiscences cannot fail, we think, to
be useful in renewing amongst the people that
holy fire of republican liberty, which burned
with such steady brliancy in the breasts of the
Virginia statesmen of the revolutionary period.
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