Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1861-06-22

Ing the organic IAN Vi lle Stite sii"'' w 49,
United to the people for ratification or rejec'
ton"
Now, Us I understand it, this Convention has
been limited to deciding ultimately the spec'hc
question in regard to the dissolution of our
conIection with the Federal Government, and
those questions which affect our organic law
As regards the latter matter, | happen to Ga
we'll informed, because those terms were intro
duccd by myself in framing the law, that b?
the terru "~orcanic law We referred 10 changes
in the State Constitution which were thea con
templated.
This question Of the adoption Of the Conlei
crate Constitution, therefore, Goes not come
within either class Of the cases quoted by me.
think Tie power Of this Convention Is
plenary and final over the whole subject
shall vote against q reference to the people,
not only for this reason, but from consldera'
lions OF convenience, and TO avoid the embar'
rassment with which it would surround the
operations Of the Confederate Government
while We arc in the midst Of q war.
While up I will make a few remarks whlch
though not pertinent 10 the matter IN issue,
may nevertheless be worthy of consideration
1t seems to me now, that as ne are laying the
foundation of 4 great system Of government,
that We ought to proceed prudently and with
caution, in order to escape those errors which
proved so fatal to the government from which
we have recently separated. | ath one Of those
who believe thai, had the true principles Of the
Constitution Of the United States been observed,
there. would never have been n disruption Of
this Union. or an occasion for disruption. II
you will examine rhilosophically the causes
which have led to this event, and to the war in
which We are now engaged. you VIII hnd that
they emanate from IL misconStrnction OF tho
Constitution by those who first put 1t in
operation. There was 4 strong feeling among
what was called the Federal party, using
the word in its original Specification, which
was 50 much in favor Of the old Union that
they were led by construction, co enlarge lis
powers TO Such HI extent that gradually 1t be-
gan to tend 10 the overthrow Of the proper
equilibrium between the Federal and State TO
vc:nmenls. The first error which was com
fiitted was that fatal misconstruction, which
gave tn the Executive OF the United States the
absolute power Of removal of Executive otli'
GERS. II was that single misintcrprcta!Ion,
which gave to that department such all over
Swallowing influence in the government rms
created ell the bitterness Of party Conflicts
and resulted in constant struggles to get pos
session Of the government for the sake oil the
spOilS. When there was 4 subsequent depar'
turc from true constitutional principles by
Massachusetts,, when she abandoned the SyS'
TEN of e~ircting Presidential electors by single
districts, and resorted to tho general ticket sys-
tenn. thus enabling her 10 concentrate her whole
force and stitle the voice Of the minority. II
was this early miscOEstructiun this fatal aban-
Comment Of the true principles Of the Cnnstitu.
ton. which has enabled political parties Or
Canized on sectional principles, to elect q sec.
tional President, and TO bring upon the couri'
TT; all tue evils which have resulted from that
mushroom organization. Yes, Sir, had we adj
hercd to the original practice and true princl-
pies Of the government, there never could have
been n sectional organizations. - here
may remark. in this connection, that ut the
proper time, | hope this Convention will pro.
vide for carrying ont the great Constitutional
n~rinciale that Electors for the President and
Vice President shall bc chosen from single
districts. Though | have been charged with
being n observation-disclosures OF those in iaVor
Of the Federal powcr-nothing Gun be further
from the truth. All one Of those who have
acqlicsced in The Interpretation Of the Const!'
tuition which was fixed by the usage OF the
government from its foundation. In my po-
litical career, ! have endearored to follow in
the footsteps Of James Madison. | have al
WAYS believed him to be the wisest, purest and
soundest among American statesmen, the man
who best understood and most correctly inter
pretcd the Constitution OF the United States.
! trust that wG shall profit by the lessons OF
the past, and no; fall with too great eagerness
into constructions and interpretations OF the
Confederate Constitution which may prove Us
fatal 10 The new government, as the crrars o.
the past have proved TO the DC.
Ny theory Of the Old rs well as the new
Constitution OF the United States yeas, and
tn, Constitution of the Confederate States is,
in the nature Of II special power OF attorney;
that il possesses no inherent power; that it has
no other power than that written down in the
power Of attorney, and such as arc necessary,
in the language Of the Constitution itself, 10
carry Into ttfect those which are expressly
granted.
Aiy idea cc the difference between q State
government and tho Confederate government
is this: :. State constitution is not, in anyjust
ssrse, a grant OF power. The power pre-exists
the Constitution. 1t is simply Limitation up.
on the prc.cxistins power. When a revolution
occGrs aud 4 government is oTerthrown, q pro-
%visional government Springs up in its stead
That Provisional government becomes invested
with all functions and powers Off government
not BY virtue of the Constitution, but 10y vir-
tue of the relation which exists between gov
eminent and the governed. The Constitution
OF j Stale does not delegate power to the State,
but is 4 limitation upon q distribution OF pre-
existing power, with 4 view to check lis cxer.
else for purposes Ct oppression. In the case OF
the Confederate government, however, 1t has
no inherent rights, no powers which spring
Of its relation to the States OF which 1t is
composed. 1t is simply in the nature OF a spe-
agency which derived all lts power from
the grants contained in the Constitution, and
not FROM any relation which it bears to the
State.
This. | believe, was the true theory Of tue
Constitution of the United States. It is the
opinion | have always entertained in regard TO
that subject, and any apparent departures from
this doctrine have been in Obedience to the de-.
cisions of the Supreme Court OF the United
States, and the universal usage OF the govern
lnent. We are now unembarrasscd by any
presidents. We are laying the corner stone
Ol Z new laOTIE, SlIb u u ny hopC liza. 'ihs
Convention will profit by the lessons Of past
experience, and endeavor to restrain this new
within the express limitations OF
power contained in the Constitution, by
virtue Of which, il exercises lis authority.
am aware that have transgrcssed the lin
Is Of legitimate debate in alliiing 10 these
matters, and | have to thank the Convention
tor the indulgence they have granted in allow
ny ME TO give this free expression Of my opin.
.OiIS.
Mr.. DArLom-I expect to vote against the
amendment, and | desire To say Il few words OF
When went home from the
Convention at its adjournment, ! found that
many Of M constituents had undergone n
,rcat change upon this question Of secession,
Ind were dissatisfied with the course had
Nevertheless. | advocated the adoption
II Inc ordinance. i told them | had signed
he instrument, and made SOM eight OF ten
in the county, urging lis ratification
llso b. the people. told them the South