Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1861-12-10

n Ny oHn idea about the Constitution is lha it
: ought to b, IS brief as possible; that We on al
/. to 1t corporate into the Constitution the gtat
Q fundamental principles Of liberty and lw,
J. leaving to tie Legislature the duly &c framing
Il laws in conformity with these principles.
Il The error CT the Constitution OF 1850 II
4 was, that it was more like an act Of Assemty
i than Constitution; and the result was Ell.
= barrassment and complication which could q.
r be remedied.
J, SIR, do not think there is any thing in tbs
!, amendment am opposed to making thisa
S constitutional provision. Let Us lesve tins
, matter to the General Asssmbly of the Stat
l As | have remarked here tfen before, baH
entire confidence in the representatives of th
people in hat body, and believe them fully c..
paole Of doing what IS best for ths interests d
} the people in this, as in all other subjects q.
} iecting their interests, and | am therefore .
; ia"or Of committing this matter to them
Mr., Fi5aER Il want to make fsT remarks
in sepiy to The gentleman from Augusta, (lr
STUART
| do nc: think the courts have rendered ary
decision in conformity with the ideas whcl
! that gentleman has eIpre:slG
question of this character arose under I! =
Cons:i,u:ion Of Mississippi, in reference 'r !.
clsu,a authorizing tha Legislature to 81 =
tho i'm oorte'ic:. &c f:tr.s sithiI that CcDno.-
>~eai;n. Sun.g rnia IL the UGmrnonweain
purchased Enmrcr 0f sia7ea and gave hi.
promisory note amounting TO $50, ,000 and The
individual in suit for The a-acovery Of this
anoun', undertook to make defenc, against
the claim upon tbs ground that the Constitu.
tinn OF Mississippi inhibited the introduction
e slaves into tne State, and that the contract
was, therefore, made in violation OF the Con-
stisuio,l VI the S:atc, and not obligatory tr
| binding.
The case vas brought before the Supreme
Court Ct the Uni,,d Stiles, and they Gccd,d Z,
according to my recollection, in favO. of the
purchaser Of the s'aees-nrt, however, upon
the or. und thar the Constitution nigh. in
| hikit .be importation Of slaves-bG. upon the
] ground that the inhibition was not express
srd fini'e, and that legislation was necessery
10 carry the iGncamt ntal law into execution.
| That is my recollection of the case. But ii
any court has ever dt c:dcd in conformity " th
tha idea Of tho gent. man frou augusta tMF.
STrART) nave not heard Of it, and would
have no respect for ths decision, because it
would De ronstros!ty thst the sovereign
power OF toe Commonwealth could not do
! what Us ,e:nt could. I: is impossible that an
Inhibition CT this character imposed OF the
! CONVENTION, would be una7ailing without leg.
| is)st:oE. NOW sir, think If the emendnent
| Of :32 gentleman from Norfolk county (Mr
HoLiADAT) is adopted, aud q tcstator or
grlnto. were to emanci pate thtii siur,3, thai
those who would DC distributes, if they were
dead, would be entitled to reeorer them oy
Clo:ls prescribed b. Law.
! Mr. . cLDlE.-l desire to call the attention
o; the gentleman from Norfolk county (Mr.
fIoLLADAY) TO sn omission, Gs j! seems 10 ne,
] in bie Amendment
bsl!eve the amendment provides that the
slaves attempted 10 b. emsnc;pated shall pass
at olce to the diotrbutess CT the ;estator or
| grantcr, as # they were dead wish, fer
abundant calses which may suggest them
selves to every member here, to vindica,e nn
amendment which think ought to be emb1--
died IN thot proposition. 1t Is TO add tie !ol-
living words: Subject u debts o. tie este.
t or S-an!or, as in due course ,f s6minis;ra.
lion," so that the proposition, il amended wi,
read. 'azd shall pass to ,te distributes OF he
! .estator when tho emancipation wss bv Will,
aud when by deed, 20 such persons rs Tculd
be the distributes Of the granlor we're he
dead at tho :ina. SUBJECT 10 debt3 c! the tests
ton" - LII a'e course OF sd1''"'S'''
Mr. HoLLaDAI-E eccept tho amendment
Mr. p3RsAS-f ihi!k il must 90 np;arer.
| TO lhe House TIE: we urs drifting into very
! vida f.!d of legislation, and that it is neces
sary we should limit our operations in this re-
spect within scme reason ,hle limits. hope
II vii! bs Tho pleasure OF the Convention to
7o.e down this amendment, and TO sdOps Inc
smcadinent which have submitted. | am "a
tstsd tina. that Tlil accomplish every object
which the gentleman desires. It will oh7;ate
the necessity Of en5odyin in the Constitution
prohibition which can be better arranged 5y
the Legislature, ard in more minute detail. Al
ter the defeat Of .he proposition of the gentleman
from Amelia (Mr. EARr1e,) dent think we
can do any thing better than TO make i, mar.
datory upon the Legislature to prescribe toe
proper regulations upon this subject II WAS
IL view Of tie very CASE stated by the gentle,
u:sn IRON Northampton, (Mr HARvls.) that
offered this atnendneat i has been decided b9
the court OF ing county that tho county courts
have the po#er TO register free negroes ard e.
low them to remain in tho Commonwealth.
But 10 the Mississippi cuse, l. was decided that
if the constitutional provision had been man.
datorg, no such power couli remain il the
hands Of the county court nink ths object
which gentleman sl;n to accomplish will be a.
tsinei by Inc Amendment propose, whilst The
amendment Ct the gentleman from Norfolk
county, (Mr. H:LLADAY,) is CLEARLY OF legs
!s;;re CHARACTER, and would involve so ma5J
Considerations aad conflicts upon tho part -
courts hereafter as 20 mako it s, q zee OF OF,
harrasemens rather thna Of rel ec il this iG
port rtant n .ete-.
I trust the ausa3aert Of the gentleman
will b. voted down, a1d taS: tee ConVga ;oa
| vii! adopt NY amendment
Mr.. BAgsoUR-I call The previous question
!! Mr. " GODS Il desire to call the attention
Of the chairman OF the committee ~ what
consider an omission In this seo,ioo- The
section reads:
"Siaves hereafter cnancipst,d shlll forfsit
their freedom BY remaining IN the Common.
wealth more than twelve months after ,hey
bee me actually fee, and sagll ID reduced 10
slavery under such regulations -, nay os pre-
scribed oy lsw."
Now, there is state Of affairs existing In
this country. which, imagine, could not be
contemplated when this Constitution vas
formed and it is now and may continue to be
inpossIbls for this clis Of persons tt loaTe
the Commonwealth ia conformity WITH this
| requirement.
The call for ths previous question vas sus-
taned, and the main question being puf, which
vas apon the amendment of=rsd sy Mr.. Hot
..DAT, it wss decided in the Eegstive-nyes
| 40, noes 40.
| The question then rccurrsd upon the amend
men: otfsred by Dir. DoRMAs, and it Gas
adopted.
| Mr. MoRsE-I move TO amend the I9:f
section by striking out the word twelve" in
the second line, aud inserting The word ''si1."
Mr. TrRNER, Of Jackson.-1 nave to amend
the amendment by striking out six" ead in
sertiug "thres"
Mr. WE:7=lELD-1 regard twelve months as
sufficiently short period, and shall, therefore,
vote against both amendments.
Mr. BEooKE.-I rice 70 Inquire whether it