Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1861-06-22
phatically. If we intend to abandon it, let us

convert to the Ordinance OF Secession, "oh'u
h, Filing TO attach to the ordinance, now be-
fore the Convention, any declaration OF our
rights be may desire, so far as am concerned.
The reason why the ordinance did not pur-
she the phraseology Of the ordinance adopting
the Constitution Of the Unit"! States, arose
from Il variation i'll the preamble TO the TWO
Instruments, and for one-and | speak merely
for myself as a member Of the Cutnm'ttec-i
supposed, that, in adopting the Constitution,
with such Q preamble as that to the permanent
Constitution of the Confederate States, and
under such circumstances as those That sur
round Us, when the Government has been
found upon the right of secession, with q MS
torical precedent in existence to illustrate INC
meaning of that preamble, so that there could
not be q shadow OF doubtful construction here
after, supposed, | say, that | vas acting
wisely: but the remarks Of the gentleman led
me TO suppose that | might possibly be mistaken
in that. and that it may be well for this Con-
yention TO attach 10 that ordinance some decia'
ration Of the opinion Of the Convention rs 10
the rights of this State rs an independent scv
ereirnty, to resume its delegated powers when
ever they should be perverted to its injury or
oppression. | shall certainly make no o9Jec-
ton to any such declaration. ! have never
supposed that the declaration in the ordinance
ofEirrinia, r~atifying the Federal Constitution,
vas in tho nature Of Il condition. had
supposed that it was always 10 be referred 10
simply rs evidence Of the opinions Of the me.n-
berg of that Convention, and the true cllarac.
ter of the instrument, and the relations be-
tween the State and Federal Government; and
that it had no operation whatever as 4 condl'
ton; but it was mkrely high and conclusive
evidence Of the opinions Of the Convention.
don't believe that any Constitution for the
Confederate Government can be ratified 80 as
to make u condition, which, if declared simply
by one member Of the Convention in lis act oil
ratification, would operate powerfully upon
the others without presenting it in some Eesu.
lar form. And il that declaration is inserted
in our ordinances, it must be, as | conceive 1t
to be, as evidence hereafter. The important
point Of view before the Convention is as to
it's authority to adopt the permanent Constltu-
ton at this time without any reference to per.
sons; and on that point have not . shadow OF
doubt IS to our constitutional right, notwlth-
standing the arguments Of the gentleman.
You will bear in mind that the law calling
this Convention into existence provided that
the sense Of the people should be taken as to
the proprictr of referring 10 them either olc OF
lWO cDaUHpS lllll llllEiI hS ihI w AZ y
rention-if tie Convention changed our relR-
tons with the Federal Government, Or il the
Convention, changed the organic law.
Now, if that law had simply provided for
taking The Sense OF the people &c the Gonren.
ton changed the organic law, I would have
Welded. and the Convention could not have
changed our relations with the former Federal
Government, and could Tot haze established
-, roi,t;,p. ,ri,k tlh,. y,p Ian rlrru Ip unrtrn.
ment without. Join. il under Instructions. But
that vas not the form Of the law and the fact
that there was another clause in the Law e.
tablishcs, to my mind, the construction that
the Legislature, in referring to the organic
law, referred simply 10 the Constitution Of tho
State Government; that it distinguished be-
tween that and our Federal relations. It did
not place our Federal relations under that cate.
CORY. | say this double clause providing for
the reference TO the people if We change The
organic law, ur our relations with the Federal
Government, establishes the fact that the lie.
g~islature contemplated in The first clause n
reference of our organic law which is nothing
more than al alteration IN the State Con;titn
ton.
Now, al, willing 10 consider myself rs
under Il popular instruction 10 refer any ulteIa-
ton whatever in the State Constitution To the
people. We have referred to the people the
change in our relations with the Federal
Government, and the people have ratified or
act.
SO far, then, as Federal relations are con.
cerncd, | conceive that We are without any
tranEnel upon our authority.
This argument proceeds upon the assunp.
ton that the act OF the Legislature calling the
Convention into existence, AMI imposing the
necessity Of n reference TO the people, might
have been binding ui0n us. i :nI iU0k hI
that act, SIR. it nI;nuiitS 10 EuIh!'g. ~ best,
than un instruction ir"m IiIc !r"!'Ir :" rcicr ~
them our action III aGy o. iw" contingencies.
The act merely provides ii!ai inc :cii'c Il Tie
people shall in takci! .f,n the iac; whether
We shall refer sr mol refer. suir"+e Inc peo,
pie had yOte.i no reference. NC should
have been Ut liberty, notwithstanding Thar Facl,
If, in the exercise vi our discretion, we deemed
it proper to refer or not. Tho people, howev.
err, instructed us to refer. Now, that Injunction
the representative might be at liberty TO disrc.
gard if there was sufficient cTideHcc before
him to satisfy him that his constituents de.
sired him to disregard the instruction. have
no doubt that it is the overwhelming wish and
feeling OF the people Of my section that this
Constitution should be adopted Mt once, with.
out any reference.
have no doubt that it is their desire lha,
this instruction should not DC regarded, even
il it should have application to the ordinance
before US. I have the evidence Of my o~n
mind as to that fact, and that evidence is so
strong as to constitute with Inc an instruction
not to send back that act 10 the people.
1t could not well be done now. 1t would be
difficult to take I vote now. and 1t Is important
that We should, with as little delay as possible,
transfer all the public property, munitions OF
war, &c, to the Confederate Government Our
Convention with these States only provides for
the TRANSFERRED the property upon the adoption
Of the permanent Constitution; and, in order
to close that whole subject, it is expedient that
the Convention should. Ut this time, adopt the
Constitution.
Believing that it is the wish OF the people TO
adopt this ordinance without making any ref
ercnce Of the matter to them, | shall vote for
the ordinance and against the amendment.
The PEEsIDEsT.-The question now is upon
the adoption Of the amendment OF the gentle
man from Botctuurt, (Mr. BoYD,) which is as
follows:
This ordinance shall no, Lake effect, how
ever, until it shall be ratified by n majority Of
The votes Of the qualified voters Of the Com.
monwealth, cast ut a poll to be taken thereon,
on the day Of, i'll pursuance Of a SEIZED
ule hereafter 10 be enacted.
Mr.. BARpouR-I simply rise to state to this
House m additional military reason why the
submission If this ordinance 10 the people
ought not to take place. y large portion ofthc
North. West is in n position, in which the mill
tary power of the United States Government,
now being rapidly located there, is likely to be
employed TO force the people to vote against
us. The enemy is advancing upon the Valley.
How far they will come on the Els!ern side OF
the mountains we 10 not know, but it certain
~ would hc a grand accomplishment, and
worthy Of the pen Of history. II they could
posses themselves pi L sufficient portion Of
the Commonwealth To- secure the Sntr OF the
nnn,l, nnainyi ;hn ulnntinn nt This oriinancr-