Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1851-02-21

year $780, think and was re-enacted IN the new CODE
and by democratic legislature too Does the gentle
man know the statute to which refer, i is this
"Treason shall consist only in cyyins against the
State or adhcring to its enemies, giving them aid aud
comfort or establishing ,ci!hou The authority Of the LeqiS-
iature, nnv government within its limits separate from
the existing government or holding executing in
sucb nsurned governments any office or protesting
any allegiance or fidelity it, or resisting the
con of the laws under color of is authority and such
treason proved by the testimony Of two witnesses to
the same overt act by confession III court shall he
punished with death
The gentleman may sHi:lc al It, but III my apprehe-
son if the Legislature had power to pass that law if
j. not nulli,y upon your statute book then upscts
the whole position which he assumes. Suppose we
here sitting in Convention without the authority Of Il
legislative provision Of the existing government. Sup
pose We came here sent by the people, a! that We
framed Constitution, and declared that it shall re the
Constitution OF the State. and that the existing Const
tuition be ovcrthrown. If this act Of The Assembly:
stated before be not dead letter upon y"nf statute
book we who were engaged i'll such a work, would b"
guilty of treason. Well the gentleman may .n'!e THIS
lis, however nv construction, if M wrong, would be-
pleased to have il shown to inc; tut Mr. Chairman, Il
there, be any principle which have understood 70 a!-
pertain in IN especial manner to repn'a esyorr
raent AS il exit H. ,tcs ti:.G ia.rs !. = 49,, gz
that i. ~ viii. lie yn:l,.i ,r@t. - aN l.orty
70 .neGG hing: cycrtl- ID: "AS:ias ~. .Iiae'
wthat, tie asetht r such i;>,:i:i.ic..i 9Upo-e II
or contends here this sovereign Of WHOM n spea> Tits
sovereign who cannot be controlled BY Il. = e.e ~"
existing 70, crnment, sovereign Which, III M We" :" III"
mat le resides with audisrcprescncdv is:e ~ that F
ton of the people who WELD the political owe: OF t'ie
Stale in the gentleman view oft, an'!,r,tan. him.
residing with and represented b. lhc whole People has
the right in the way that may be most actcitaoc l" H.
To abolish the existing government, and Win i 10 abo
sh every right an interest which depends upon 'ist
that results necessarily from the fis"' 80 ;':'''' '
government itself Why i'll such STATE "i i''i;' What
safety is there for personal r. its! what s'cGr. i
there for rights of property what sta'S i mere III
the foundation upon which rests the wi'c .oca' ia'
lrci Mr. Chairman, ! rcnclt, that under the statute
law of this State as it has existed a!m r"' The ivry
foundation of government, any set OF h'@''--i cave
rot mho, nor how many they bc-who, without the sae
ton and authority Of TIL. existing government Assem-:
bling themselves together 10 ciangcoT aitcs :, gov
erlncnt to set up new government III iiic" 81 H.
aud carry such purpose into cNcc',tion are Sui "i the
overt act of treason against the Commonwealth 10
not cc!v the right, rather the power o revolution, htt
suppose there is gentleman upon this io"r WI" VII
muiniu that il our srcfltsr- had been Unsuccessful III
the war Of independence that they wold not haze ben
re.pen-hc rs traitors lall: and politically [" IA,
government whose jurisdiction and authority they tad
rs subjects rcsistedt | suppose there i nothing ".f.
familiar than that successful re.out" establishes IN
deueudcncc Of the power resisted Will III;
revolution ends i'll treason and subjects i' Fe'"rt'ni>i
10 liability tu the pains and penalties oi that "ite
Ii NAV he said that | considering Thu question ~
:awycr Ii is the only way in which! ha'" bee. 90 cas-
toned 10 consider it. am tao; attending 20 much t. the
plra.eoor.y as To tie substance of things, ana II became
ng duty in the short space Of my ri:lic. career !"
my. ,tiac and consider this very princ ie "iuci !
now anne need and sustained " gentlemen nloi tbs
iccr the vcrr principle contcndcd ~! " TIE -ei
rom Acconac was -ougl. TO be pat III oplagn IL t.c
State Of Rhode =ud by the movement maie ii'ere lew
years since, and Known the Dorr in>urfcetion
Mr. WISE Will the gentleman allow me- |" say
most eruphaticallv there principle with have
avowed i'll this discussion that Viii glTc co!n;eicc /"
the idea OF porrisn aud am prepared ri ANY i!!ne +"
show that their complexion very distinct " those
entertained by Dorr Cannot the gentleman sec lie
plain distinction between the natural pcur iehc'l 10y
the natural law and he conventional pocPc Isiin"i iy
the convcntiona. law u Is distnc";; - lam - Tie
sunbeam think. take the occasion to THANH Ne gen
tlenan Tor allowing ME the opportunity 70 tsclam al;
Dorrsni.
/ Mr. Chiffon. Will the gentleman refer re - so''
book that contains that conventional! law VI winch he
! speaks | wish to know where j. Is found II" BOOK
| OF nature did some one say.
/ Mr. WISE The gentleman wishes 10 know what
book refer to. when speak Of the ontent'"aa law
WHY refer To tn. Constitution Of the United states !
refer to the Constitution. of the dicrcnt Siale r.
fer to what is called the Constitutions of th Brush gov
erameut. The Law Of nature l. DIVIDED t" iva ciiaP-
ters-the law Of force and the law OF moral right 49,!
the conventional law which is much law OF nature
CHAPTER which inerposes to defend the moral r.' om
nh Invasion By the physical force, and that who, organ
zee. By the consent Of mankind in any forn Whatever
becomes the conventional law.
| Mr. Chiffon 1t is Inv misfortune, d"ubt, hi ito
mo-, and the gent erna, NJ doubt tn fault it'll
NC but will ask leave to make a remark here-which
probably will the gentleman the necessity oil ANY
disclaimer in regard to any principle may lpi" -
him as the consequence Of his opnicn-tlat in this dis
c,ssun have been dealt with or rather my p",l'i" s
nal
Objectionable. We need here free and full discussion.
Nv positions havc been characterized nonarc'ical
arisocratcal monstrous abhorrent, damnbic as posi-
ton, which the English Language did not turkish
,ohets strong enough to characterize. Now HAVING.
| stood all this intend to be free with the gentlemen
mon the ether side and whatever result .aay think
their positions lead to, | intend to speak freely Of It,
aud to call il by such cpthet As think deserves anu
il should speak Of deasoguesn, Oh auy ether Ism III
this debate gentlemen must not take ii Is personal 10
themselves. Laughter ! design to spcaS' aud t."
sneak freely and unreservedly of the legitimate result
OF their positions To return from this dgressoi |
said did not understand the gcntlema position about
this conventional law his great division "i the Ea
ural law. | will say further that ! do not understand
that right Of force. Did understand him TO say
! Mr.. WISE. usk the gentleman to permit lie to ,;iy
that if lie iuterrcgates me and expects HE t. answer
that Irealy cannot conduct lecture III this way that
c,uli, not teach him exactly M understanding, The
gentleman AM h:.t. t.e: ta;g.'t il. ..rslv ;:ieren
schools ar, pcrcTG ;ii;. .. '!c,| not uiiIcf~si ne
! 10 uhdersal! him.
VIZ. Chiffon The gentleman .?,Ge Of this great
moral right Of the people to establish government be.
inr found in the book OF nature. have SAFE: too uten
that in this debate there has been too great oos Of
terms and that when gentlemen talk Of The people here
il the sense that they entitled to be heard in this
assembly and to be regarded i'll the progress Of what sc
are doing here, want to know what they ,nc.n 10y
the term Do they mean the whole people without
distinction of age or sex, condition; do they
that portion of the people in whom, in every free GOV
ernment that has been established upon this continent
at least in these United States the polilica! power
sides, the political power that operates in the ans
raion Of the government, and in eliccng those change
notifications alterations and reforms that mad" i'll
the fundamental law.
i;nt will not ask the gentleman further questions. !
understand his position to be this. at least .all treit
!, IA oh for Cannot from what he has <aid, under
stand il in any other way viz that there does reside
in the people conventional power defined, he says IN
ali the constitutions that have been framed in the United
States. where he says may read t-a conventional right
in the people to change the existing government when
md in what form they please. Is that his position:
Mr., WISE. No sir, no-the gentleman has mistaken IL
Laughter ,
that in this government, and in every government
in these United States the power; the right; the legal