Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1861-03-30
understand rentlemcn hovr

. question which divides our own ueoDle, but fo
: the settlement Of the great questions which dis
turb the public mind of the country. We fnC
) upon the floor of tlhs Convention two PARTIES
ono of which is in favor of withdrawing tn,
} State of Virginia from the Union, and the othe,
in favor Of Unconstitutional guarantees, and of per
petuating the Union. Now, sir, does any gentle
man understand and fully appreciate that tn,
tendency of the amendment sought to be incor
porated into these resolutions is, as the MAORI
ty is composed of gentlemen differing in opin
ion upon this subject, to create division in the
ranks of those who havo met here for a very
different purpose? For tho reason that the Ct
feet Of the amendment to those resolutions will
T be to disturb and divide those who wish &c
agree, and who ought to agree together upon
more vital issues, shall vote against the pro
posed amendment to the resolutions; and, for
the reason that hold that the whole discus,
sion OF this subject, upon tho Union side of the
house, Is out OF place, and after the first gushcs
should not have been taken up. shall vote
against the amendment to the resolutions OF
the Committee on Federal Relations.
MIR. MAcrAELAND, of Richmond.-It is Quit:
important Mr.. Chairman, that we should Oh.
tain distinct and defined ideas of the PROPOSE.
ton before us, if we would avoid error and
confusion. Ihe proposition simply afirms, that
the State OF Virginia is now under all her obi.
CATIONS to the Union, and, whilst it is her
pleasure to remain in il, independent and sovc.
reign. That is the proposition. Now I put II
to gentlemen, to say whether their knowledge
Of the relations existing between Virginia aud
the Federal Government, and the actual con.
dition in which the State stands in respect to
that Government, authorizes an affirmative re.
cpnpcp IN the rnacfiop9 a., -an.. -.
ceive of a sovereign power which is not in.
vested with the authority necessary to the
maintenance of her independent existcncc?-
And that, sir, is simply the test.
Under the relations established bT the Con.
s%titution between Virginia and the Federal
Government, Virginia, for the time being. is
denuded of the power to establish treaties
with foreign empires, is deprived of the rcgu.
la'lon Of her ~ narigab|e streams, is subject
to taxation, is liable to have her own citizens
prosecuted under laws in the enactment OF
which she had had no agency whatever.
INV, Mr.. Chairman, whilst il may be true,
but | do not mean to express my concurrence
in 1t, that it is beyond the react, of clear and
definite exposition to define what sovereignty
IS, | apprehend we can all say that it does
not exist when NE find il deprived Of certain
attributes. Well now, sir, | beg gentlemen to
mark that the question is not whether Virgi.
MIA may not resume the powers delegated to
the Federal Government; the question is not
whether she may not assert an independent
ana sovereign existence; i'll truth, the object
OF our assembling is Il to determine whether we
will place Virginia on her reserved rights and
resume the authority delegated to the Federal
Government. But | apprehend until we have
passed through that graduation it must be con-
coded that Virginia, for the time being, has re-
linqulshed, upon her part attributes and pow
CTS indispensable to her SOVEREIGN existence.
refer you to the important attribute rs 10 cs.
I teb!ishing treaties with independent Empires.
Did you ever hear Of a sovereign that had not
the power to establish treaties? Did YOU ever
hear of n sovereign power which could not levy
an impost upon its W navigab!e waters for
the purpose of its own improvement Yet
beg leave TO say that Judge Marshall decided
against the exercise of that power. And so |
might go on, referring TO taxation, referring to
criminal jurisdiction that may be asserted by
the Federal Government against Virginia
nay, sir, 10 that appellate power which has
been asserted on the part Of the Supreme Court
to take jurisdiction Of State decisions.
Now, do gentlemen mean to say that a State
which is under the relations to which | have
referred, Of Subordination in essentially the
important particulars, is not properly described
by being called a sovereignty | beg gentle
men to mark, that all this does not, in the
slightest degree, infringe upon the proposition
OF the absolute and the unconditional right, on
the part of Virginia, to assert her separate ex.
~is:ence, whenever it shall he her pleasure
But, | confess, sir, that | have heard now, for
the first time, that in the actual EubSisting re-
lations between Virginia and the Federal Go.
vernment, we are in a condition Of absolute So
vcrei snty.
Why, gentlemen seem to suppose, that be.
cause their relations between Virginia and the
General Government were established by the
prupusltion AID 6 dH raEt9Ss l tifs, tfiat, fHo aa'itfhG S con on
dition of having parted with some Of her pow
ers, from being regarded as sovereign, as she
would have been regarded if these powers had
not been taken from her. As { logical propo-
sition, is it true that q State may not reduce
its condition below q sovereign power by its
own Convention, by its own agrceInentf Ii q
| principality, Heretofore, invested with supreme
power for the sake of alliance and protection,
or any other consideration, placed herself un-
der the protection Of another power, and con.
sented for the time being, with the original at.
tributes Of a sovereign and independent State,
would our 'vernacular be properly applied to
the language, to be used in the ordinary usage,
to call such Il State sovereign?
Sir, I insist that some regard be paid, in the
deliberations Of this body, and especially in the
conclusions to which they may come, touching
u legal fact, if | may so describe it, that they
use words which are well defined, explicit, and
not likely to mislead. Sir, if it were now an
nounced that a State, heretofore unknown in
! the history Of the world-and an example Of
such kind might be furnished by Sardinia in
its present condition-was sovereign, would 1t
not be understood that she was invested with
all the attributes to establish foreign COM
nerce, to regulate her intercourse with foreign
powers; that within her limits she was not sub.
ject to taxation by any foreign power; that she
had at least, within her own control, her own
criminal and civil code -? | apprehend, Sit, that
If the word sovereign" be as | consider 1t Is,
definite and expressive, | must have the con.
sent, at least, Of the major part OF this en-
lightened body to the proposition, that the term
sovereign" would apply to the case TO which
l have referred.
Now, Mr.. Chairman, I beg it may be Tn.
derstood that these views are not intended to
have any effect upon all other and ulterior
questions. | am not aware Of any PROPOSE
tons in the public mind which incline it to
the use of this term in the sense in which 1t
is here applied. And when an effort is made
upon this aoor, to enlist the popular preju-
dice, and incite the popular clamor, beg
leave to recall the memory OF the gen
tlemen to their classical exposilions. !
am not aware of any popular excite
ment ,or feeling whatever upon the SPECIFIC
subject we have now before us. / trust that
I shall be found upon all proper occasions
in giving to the popular voice the consideration
and respect which it may SO properly chal'
lenge; but in the absence Of any indications
Of public opinion, when I know nothing about
it, / have no other rule to ascertain the sentl-
ment of the public mind than my best retlec.
TONS to ascertain what is right; and when |