Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1861-04-02
But sir, is true that inc rights Of The States

But sir, is it true that Inc rights Of The State
of this Corfederacy rest only upon this matt
raj right declared in cur Bill Of Rights i
; true, sir, in any sense? i: seems 10 j: forgot
ten, as it seems 10 me, with all 'ine respect f,
: gentlemen who entertain dIf+ren! opinion
. from me-, when tie States adopted the Fedora
Constitution, and ratified the same; they dele
gated the exercise OF certain sovereign power
20 the common agent but they did rot there
by surrender their sovereignty. They roul.
not have surrendered Il; aud, sir. this right o
secession is neither 3 lcga! nora Constitutions
right. 1t is not derived liom the Constitution
; but it is right tina. lhc S'a!es con.,ilutin.
this UnlcE have never surrendered 70 an;
earthly power. I: is the same right, sir, whici
the sovereisns Of t!,= E::l y;:cs uf the gIotc
have of refusing &c abide by Il tIeaty. a., fol
} instance. this treaty nov existing b"t@"ei
England and France. IS i; possible ;i:at d.,
regard Of this treaty iy Eagland CT France i:
I. disruption OF the ri IL; ard sovereignty Vi
either as an indcpeut; II: nation. What would
be the result Of Il refusal CT one or either Il
obey that treaty? II may bring ABOUT such 4
State of feeling between the tw" Governments
as tnay involve thcu in war. Sir, don't say
that the States of Massachusetts, q! M" lpIk,
and Ohio, may not declare war nporI tl:e STAT"
Of Virginia, if she scccdcs. do not maintain
that doctrine; but du maintain the position tha.
Virginia, in rauying the Federal Constitution,
never surrendered her right to scccde---nrvrr
surrendered her righ. 10 exercise her sovereign
power in any way she mig ut see lii. Lis true,
sir, that as Il Christian !a!lon, or as Christian
people, we ought not to break any compact
which we have made, for light ad trivial
causes; bu! maintain that Virginia Is re.
| Sponsiblc 10 no power on earth iJr exercising a
| right anil power that she never dc', gated,
and which are necessary for tie maintenance
Of her sovereignty.
have but few words more 10 say. This
amendment will add 20 the beauty, the SYN
Inelry, and the proportion Of the first section in
the partial report Of the Committee Of Twenty
one. That Committee, in this report, have
asserted principle, the converse ut. which, to
some extent at least, / mnin,ain is true; ard
whether asserted in resolution, in the forGI
in which it is now, or in the language Of JEFF
ferson and Madison, or any Of the distinguished
statesmen to whom | have referred, docs not
in any wise impair the power Of the sovereign.
1t will destroy nothing that has gone before; l.
will impair nothing that is to follow; but 1t
will give vitality to the principle, as | nulubly
conceive, which is enuncialed in tie eighth
resolution. And while some Of my State
rights friends viii vote against the amendment
offered by the gentleman from MdlissrX, Mr.,
MONTAGUE because there Is a mere implication
Of the sovereign right cf secession, they will
not find themselves in any mantIrr embarrassed
BY adopting my amendment
\ MEMBER, (from his scat. J-heport the
amendment.
1t was accordingly reported.
! 3lr. r. +. SC.TT, Gf FauqiIcg.-I Little OK.
| pected, Mr.. Chairman, that he resolution n0w
under consideration could have occupied the
attention Of this Committee i1r almost Two en-.
tire days in its consideration. If had desired
| tV select from the series Of resolutions one that
| supposed would pass this body nncllal.
| lengcd; if | had set myself 20 the task u n G.
pare resolution upon this subject, c,uchcd in
tcrIns free IRON just criticism, | would have
selected this resolution from the series, and
would have prepared it in tie form in which it
is announced
The gentleman from Northampton jMr.
FlSuER) proposes to amend it, No%, the pur.
pose OF an amendment Gu .ht 10 he 10 remove
An ambiguity where 0ne exists 20 make li!ai
| clear which otherwise would De obscure The
gentleman proposes to substitute for tie phrase
'people Of tho States " the Sur,i States"
| viii the gentleman from SJr hanat:,n r- iEe
| what he means by "SIatcSW Ii | rrcoiiect
Alright, sir, Alr. Madison, in the iatnauS r">oiu.
lions Of B3, so often referred TO ir this debate,
stated that the States were parties tn the Eel
eral compact The use ct the word "Statcs"
| in that connection gave rise To a discussion
whethor 1t old not cover the doctrine Ct null.
Gcaton; in other wo.Gs, her it cid not
imply that the Constitution Of the United
, States Was adopted by The States through func.
tionaries; and the party putting that construc.
| ton upon these famous resolutions, dcduced
| from il authority for this doctrine U nutliGca.
| ton. Alr. Madison himself was applied 20
| upon the subject, and he explained shat by The
word States he meant the penFic ni the
States. Mr.. Madison knew TOO much OF the F,d-
cral Constitution; knew 100 well now that lnstru.
ment was forI:.cd, to have fallen into blundcr
By stating that il was formed in any other way
than Dy the people OF the States. repeat,
| that upon this questlon-upOn the use oi tho
word State" An ambiguity arose III the Con-
structlOn Of these famous resolutions, which
ambiguity Mr. Madison removed by explaining
the sense in which he used lha; term-explain-
ing that by States" he meant The people OF
the States"
Mr. FIsnER.-Will my friend allow He tc
| rend short extract?
Mr. ScoTE-l have letter of Mad. ION in
my own possession. The gsi;lvman can re-
ply.
But, sir, to come to higher authority than
that Of james Madison, let Us appeal 20 the re-
cord and see in what manner Viz ginia became
party TO the Federal Compact let Us see BY
resolution announces the fact correspond
with the letter.
read, sir, from the Code Of Virginia, page
%, where gentlemen will fad the instrutnen,
by which the Convention Of Virginia ratified
and adopted tue Constitution CT the United
S.ntcS.
I'VE, the said delegates in The name and in
behalf" not Of the State Of Virginia. in the
aame and in ''behalf ofthe people OF Virginia,
do, by these presents, assent "a nj ralily the
Constitution recommended OH IL; l7ih day Of
September, one thousand seven hundred and
eighty seven, By the Federal Convention for
the Government Of the United States, hereby
announcing to all those whc'u :; may concern,
that the said Constitution is binding upon
not the State, but npon Tic people, recording
to au authentic copy hereto nj ne7cd."
take it then, sir that in p:opounding the
proposition in the terms OF the resolution, the
! Committee have propoundcd It in the words Of
the ratification. Doubtless if the gentleman
from Northampton had beer member Of the
| Convention, and kcen allowed ;hc liberty Of
amending the proposition, he would have
amended it in the manner in ,:hic:. he proposes
now to amend the language Of Ills s.cton.-
| He never would have Consent! to have it
stated that the work was done lor and 'in he
half OF the people" No; that woud be Fe-
dcralism. The gentleman from Northampton,
| (Mr. FIsHEE.) would have said in hi. coilstiln
tiona law, 'ln behalf Of tic Stn:e of Virginia. y
und, in the concluding clause the een'Irrran
would have raid that it wns binding" not
upon the people If The Sia..." but "upon the
State" The gentleman shakes his head
Why binding upon the people: Why say the
ratification WAS by and in behalf Of the peo.
pie? Why net insist that the ratification