Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1860-03-08


ven image for diynes in all ages and Christian lands
have doubtless concurred in the opinion that this portion
OF the Decaogue not only prohibited all idolary but all
things idoatrous in their tendencies.
The debates in the Virginia Convention which adopt
ed the Federal Constitution contain not word about
that clause OF under consideration not only because
there was no ambiguity its meaning, but because
there was no objection TO the prohibition else this like
every other clause, would have been discussed He had
been aoe TO lind but decision in the Supreme Court
of the United States constituting this clause. That is in
the case OF Green and al rs. Bidde reported in Sth
Wheatons K. Mr.. Clay in the argument OF this case
said after quoting the clause what is very obviously
true ut extends 10 oil agreements compdcts, no matter
what is the subject of them it is immaera therefore,
whether that subject be harmless dangerous TO the
Unon there Is here no for Interpretation. Amy
agreement or compact the words and all contracts
between the states without the consent oil Congress are
interdcted"
That in reference TO the compact entered
into between Virginia and the people of Kentucky which,
AS will be seen from the following prOviso, contained IN
the 9th clause was conditioned upon the antecedent con-
sent OF Congress. That clause Is in these words PRO
vited however that prior to the ls day OF November
1871 the General Government of the United States shall
assent TO the erection OF said District into an ndepen
dent State, shall release this Commonwealth from all its
Federal obgatons arising from the SAID DISTRICT rs De-
ing part thereof and shall agree that the proposed State
shall Immediately after the day to be fixed aforesaid
posteror TO the ls day of November 1891 or at some
convenient time, future thereto, be admitted into the
Federal Government
1t decided by the Supreme Court that this compact
was constitutional alone upon the ground that the con
sent OF Congress granted And Justice Washington
IN delivering the opinion of the Court after quonng the
last clause of the l0th section of the LIST article OF the
Federal Constitution said "Let it be observed, in the
first place. that the Constitution makes no provision res
pectug the mode form IN which the consent of Con
gress is to be sgnfed very properly leaving that matter
the wisdom of that body to be decided upon according
TO the ordinary rules OF law and right reason.
"The only question in cases which involve that point
is has Congress by positive act in relation to such
agreement sgnied the consent of that body to its va
hdity:
"The terms and conditions then, on which alone the
separation could take place the act of Congress be-
come valid one, necessarily assented to; not by
tact acquesceuse but by express declaration Of
! the legislative mind"
According therefore to the highest judicial authority
well the plain meaning OF the Constitution, but two
questions possibly in the consideration of the
question in constitutional point Of view first, is
agreement proposed TO be entered .ato by Virginia with
any other State States aud secondly II So has ths
consent of Congress been given 70 such agreement As
TO the second inquiry, there is no difference OF opinion
1t Is not pretended that the consent OF Congress has been
asked or obtained So that only remains to consider
whether "anv agreement is proposed not. The fra
mcrs OF the Constitution, instead OF using the tech
nical word contract or the employed in the ar
ces OF Confederation treaty confederation or alliance
IN order 70 prevent any possible Misunderstanding,
employ ed for the expression OF the idea, the most
prehensige term in the language. All contracts agree
ments while all agreements not necessarily contracts.
They therefore, nterdccd only every contract be-
tween the States but every conceivable kind of agree
The friends of Southern Conference will scarcely
deny that they desire and propose the consummaon Of
agreement between Virginia and other States. The
gentleman from GOOchand expressly declared himself
But little good can be accomplished il Virginia is to dis
agree with all her sister States OF the South Nor can
be cOnended that the united action OF the Southern
States, in conference assembled, would be the less
agreement" between them because of it, being had
through the nstrentaity OF agents. because of its
Liability ratification rejection by the Legislatures Of
the several Southern States. For contract is the
less the Of the principals for being entered into
10y their agents-ior having attached TO it, condition
precedent subsequent for being executOry instead Of
executed But if could be shown that the liability of
the action OF "A conference the rejection Of the Legs
ture obyates the constitutional objections the appoint.
OF commissioners, it cannot by possibility be made
appear that the ratification OF their action, making
ANY agreement with another State or States would not
be in violation OF that compact
Ii the present Legislature has not the power, as il
clearly has not to make any agreement with another
State il empower it, agents to do so: Surely not
for body of men transfer assign, other
or greater rights and powers than he they possess
unless the agent be superior 10 the principal, the
want greater than the MASTER the delegate power to del
egate over that which has not been delegated himself
II We cannot into any agreement, how any fu
ture legislation confirm agreement made by the agents
of this What conceivable good, then, could arise from
the appointment of commissioners, whose action must be
utterly futile else inevitably rejected II any agree
ment between this State and another be unconstitutional
as it unquestionaby is one, sworn TO support the
Constitution conScientously do any act tending towards
the cOusummatOn OF such agreement? He thought not;
but did rot wish 10 be understood mpugning, in the
slightest degree the motives the sincerity gentle
men who differed with him. but, the contrary gave
them credit for all the honesty be claimed for himself
Paul thought he doing God service, by Prosecuting
the Church. and gentlemen who advocating
southern conference ON this loor while they were rs
sincere laboring under great halucination in
suppoin they supporting the Constitution,
the great prOmulgator of Christianity before his eyes
were opened the light Of divine truth lie did sup
pose that one in ten Of the voters, whom he had the
honor in part to represent had any voice in the sruc
tons he had recciycd-what the opinions OF the
Other ujnc-euts the subject, he knew no.. but
confident that whom be represented, would de-
sire him to violate the letter spirit of instrument
he was sworn support lie thought the Legislature
the proper tribunal before which questions af
ncting the integrity OF the Constitution should be tried
That body had resolved aud reesOiced the happen
ing OF contingencies which have arisen unresi,ted
.is the Federal Authorities lat all hazards and 20 the
last extremity The Federal Constitution ordained
aud established by the people Of the United States
appears ON its preamble and hcc views fully reflected
Y
ference with view TO lis overthrow. II that Confer
euce be necessary let il be held But let it be gotten
up by the 10000 voters the Commonwealth, not
sworn TO support the Constitution Let their opinion.
aud wishes be fully reelected, ihey cannot be by
body of men elected without reference the subject
When the peoyie thus resolve resistance to Federal
Authority secession from the Union, Virginia will
more be placed in the hulatng attitude OF retiring g
ANONYMOUSLY; but will maintain her position, whether it
be for tnon or disunon for veal or for woe, while
there's left
"a priest at her affairs, a chief in her halls,
A hearth ia her mansions, atone on her wals.n
Are these indications he would enquire sufficient to
Justify the belief that the pub &c mind of Virginia is pre-
pared for conference for the purpose OF subvertng
preserving the Union? Public meetings had been held
in a very large number, perhaps in majority of the
counte, of the Commonwealth after the arpers Ferry
raid after the beginning OF the present session of the
legislature aud before the arrival OF the South Carolina
Commissioner These meetings almost without exception,
while expressing their indignation at the outrages
med the soil and citizens OF Virginia, amended
merely that the State be placed in attitude of military
defence, aud that direct trade between the Southern
States aud Europe be Osered aud encouraged but "nOt
drum was heard, not a funeral note, suggesting that
the days of the Union numbered, nor one word ia
yorng conference of Southern States True it is that
since the arrival of that honored messenger, in few
counties besides the he had the honor in part to rep