Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1861-10-22

l2yeculive's discretion. aud in the trite language
of that resolution, the Governor shall see that
the Commonwealth take m detriInent,
which was tho language under which Inc die
tasorers of old issued their cd!cts. 1t is un'
der that language, the Governor OF the State
is authorized 10 borrow money.
Mr.. RASpoLpu.-I struck out the provision
authorizing the Governor 10 borrow money.
That phraSeolugy, to which my friend refers, is
expressly qualified By the next phrase. whlch
says that he Shall exercise the powers conferred
by the Constitution now.
Mr.. BALpwGS.-f do not propose to debate a
question Of this magnitude in ten minutes. |
could not think OF doing it; but propose 10
make an appeal to the House at the thresh-
old Of undertaking this business, to allow, 81
least. fair debate for tho purpose of cliciting
the judgment Of this body as to what is the
scope OF Our power; what rights We nave Ill
d~caling with the otflirs OF the Commonwealth
and IS to whether We are a body limited hy
the Constitution of the State and the act Of
Assembly under which we organized or
whether we are under the impression that
these, being revolutionary times, we are invest.
ed with all manner of power. want to know
il, because. as | said, in all carnestness and
sincerity, ! desire to co operate in placing this
Commonwealth upon the best possible footing.
will CO. operate in every measure where ! lind
we have the power, and il gentlemen want
unaniniitY, | ask them 70 come forward and
relieve my difficulty in fair debate. I am open
to conviction, and am anxious that gentlemen
will not cnt or debate upon n question Of this
sort.
Mr. WlsE.--ASI moved the previous qneS.
ton, T must reply 10 an appeal made with ell
sincerity. | have no doubt, for fairness. II
though; there was the least unfairnesS in that
motion, I would not make il; and if the gen.
llcm.a caGll have Convinced M that there
vas any necessity whatever to question the
power uf Ills bu,!y to 10 what is proposed,
even If il Ind been 20 authorize the Governor,
or 4 committee Of SAFETY, to borrow money by
al ordinance OF the highest corporate power
That car!ld be organ;zcl--lhc very primary
power OF the people i!s%cl!-if the reason gwen
for the appeal had any foundation for it, /
wm!!i. as tar as ! could, suspend the operation
Of the previous question.
Mr.. BALDwIS.-I have not gircn the rea.
SOM merely suggested the Tropriety Of nj
lowing time to debate the question.
Mr.. WLSE--No rrason ran be given @hJ
this Convention is authorized TO change the
whole Constitution IF the Stale; whcu il can
repeal and rcorganizs the whole legislative
20 yer itself
Mr.. BALDwM.-N Not without The sanction OF
the people.
Mr. WISE III il ware necessary 10 make
that issue. | would make The ISSUE which was
made ten years aga, and might be made 10.
day, that e new municipal Legislative power
cannot limit the supreme conventional power.
When they once call q convention To act
upon organic la~, they can give it 10 Limitation
whaievrr.
Mr.. t:ALDwIS --Thc people themselves in
calling the Convention together, stated the
Limitations in the very call which they had
iSsncu.
Mr.. Wrse-I was coming to shat, sir. I con.
cc;ve thai the Legislative power had not I right
tn limit The Conventional power. II was re-
ferred to the people thcrnSel9c 5 70 say whether
we, their Representative b MY, shall return the
question 10 themselves in their primary CT
pacity at the polls. We'll. they did require Il
rc.rrrucc to them Of certain action un the part
o. this Convention, ili what action did they
r~euuira Ii liz referred To lheIn? | have iookcd
AT the act Of assembly which required to be
referred To them the question vi the lin2l sep
aratinn ct this State irrtu he Federal (iovcrn
meet-f NAY be m!stalicn, sir; bat mistaken
or rot on that point. suppose that they nave
required us t. submit Vii questions back 10
them, l.; there ANY mii iIare, when the i:.r Of
war is rushing over tic people themselves,
crushing them like the car OF JugEcrrau. under
its Wheels; when the whole frontier Vest,
North and East; when the ridge Of EVERY hay
ard estuary in the bIy Is end fingered br inva-
sion; whilst your steamers are seized in New
York; whilst yonr people have risen up and
sunk hulkS in the On lrnel ut Norfoii-glli
you tell ma. sir, whether the mlus popuH does
not require rs TO take thu responsibility Of do.
in- al interim whatever We can do for their
defence to take Inc responsibility Of d.l"nd
ing tho people between nav ard the election
in May An. if t!ley raaaurcc an ac.ioa in
this respect; If t,cy ;hrDT aside the sword
which wo Offer t. put in :heir hand; If they
rcrnunce what will prevent, their snhirg alton.
7, sir, will say. we are not to blame iDr IL. But
# wa do ncgle:t this defence; # We do neg
lect these n!c.7s now, and they should cor li'm
the act 81 session, il there q CONSTITUENCY cF
any representative on this floor who would
him for remaining here idle and unwili
ing to take tha responsibility 70 act in the
peoples defence hcforc ihay shall direct him
through the polls?
Sir, the safety Of tbs I.enplc By every law,
moral, divine, political or popular, J~us,iii"s the
overriding for a time al least Of acts and stat
ntes and even the Constitution ITSELF.
Mr.. BALDwIS.-Not under our system.
Mr.. Wlsg-Undcr our system the written
Constitution. Of the United States requires; tha1
The President shalt execute the avs OF the
United States; shall collect the revenue; shall
hold tic ports shall Ito every thirs that
would nos ubiigo civil var to be brought on,
and yet, the gentleman says that the Pre>iden.
is bound to forbear md not bring on civil war.
Why? Because civil war attacks the safety of
all attacks the very yitals of the State, the
happiness Of tho people, and destroys the very
ends which the Constitution itself was estab-
for. Now, 10 tell me that this Conven.
ton is bound, before it can do anything 10
means TO defend the people at this mo-
Inent; before it can prevent this navy yard
from being taken with all its immense stores,
and ordnance; before it can take
steps to capture tho forts which are held By
the Federal Government, and all the arms
are lying on our territory, among 4 peo
pie destitute VI i'll MS " lcIl " lldL Uclulc ~.
this is done We must await ~the..sanction OF the
people; to tell nc that the power CT the Con.
.ventinn, in view Of these necessities, is limited,
and that it is but n mere municipal power, reg.
ulatei b. the Constitution, il to present to Inc
m argument too conservative for any man to
recognize in a crisis such as | hayO pictured,
which is now upon ua.
Ny friend from Augusta (Ah;. BALbwINJ |
have no doubt is conservative. As a general
thing, in;pcaceful times. in ordinary exigencies-
even extraordinary eSigencies--his principle is
undoubtedly n safe conservative principle
The question now is, when invasion is upon US
VIC dare stop to await the vote Of the
people upon en- action which the ,als populiim-
paratigely demands at our hands with the least
delay? Such a policy would be dis
in my opinion, and it cannot by any
means have my sanction.
Mr.. W. H. MCFARLAND, of Richmond