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

there might he but small difference ic,ua'
him and myself. | believe that when Virn:s:
united with the other twelve co.onies on sms
4th Of July, 1776, and declared with them ,S Hs
they were free and independent State. Ia t
she became as free and independent. a S;,,a
she had been before u separate colony, ~
not agree that the independence ;!Ili derls.I
eas ever surrendered since b. i,nDI;,,,:o
And unless it has been surrendered b. imnif"'
ton. it has never been surrendered at iii
saw that she is rs free and independent TO-DAY
the proper sense of these terms. as she M"
free and independent OH the Attn day Of .Jr,a
IRE. and | will stand to that doctrine.
But I do not say that I will, at this tim. T.
the especial purpose OF the gentleman e..
Middlescx, (Mr. MoSTAcrE) introduce s5rI4
into this report that would bring up gues,io,.
the discussion on which would keep l., 49,
until The 4ih Of July next-to next Chris,
m.s-ave. sir, to the end Of tins -iaI,i..
from the capacity of this body for debate.
do not say that is tho purpose Of the c.,,l.
man from Midilcsex, but | do say, ,!.a: Il.
effect Of his amendment is simply to c;nbarras:
the report of the Committee on Fedora, r.
lations, the consideration Of which, a, !, :.
now bec,re the Committee, canuo. propcrlv in
yolve the question raised By the a;nendnea;
For that reason | shall take the l,ber,v Of ~,
tinr against the proposition Of the seu,l.n,,
but at the same time, | desire TO place my>tl;
right upon the record. desire to place ny.
self there as declaring, that while vote asa:a;,
it, | yield nothing to him in my ~irvo,oa "a
States rights. | am in favor Of no doe Ca;
consolidation or Capitalization, bu. | vii! 10,
vote to shit the purposes Of the g~en;!e.ala
from A[iddlesex to change the phrascoio.y 5i
til. report before us, as he proposes.
| will only say, in addition, that trust Tia.
those who desire with the, that this report sha!.
be considered with reference to arriving st1
definite conclusion, will unite with HE Ill vo,in:
down all amendments | care not how prole;
taey arc, | care not though their propriciy N
themselves be as plain as holy writ care net
if they be as true is the words OF Scripture
hope they will vote down every Amendment,
unless il shall have a proper bearing upon the
precise point before US. This a~mendmsr, has
no s;,c, bearing, and was not introduced in
reference to any such consideration, and ! trust.
therefore, that it will be voted down.
Mr. BAyLoR-l have always regarded my.
self As a States rights man, and still regard
m.self rs such. am q citizen of a State, bu.
nm also a citizen Of the United States and
,rI;L. T hold that each State has certain rights,
GET I am bound 10 hold that owe Some allegi.
,nce ~ a citizen O. the United States. | will
read the second section ofthe 9Th article Of the
constitution Of the United States, in order
that | may make myself perfectly lhtelIisibse:
This Constitution and the laws OF the Uni.
ted States which shall be made in pursuance
thereof. and all the treaties made or which shall
ma made under the authority OF the United
States, shall be the supreme law Of the land,
and the judges in every State shall be bound
thereby, anything in the Constitution or laws
of any State to the contrary not"lths'ani
ing" ..
Now, sir. I want to ask a question CT III:
Convention, and particularly OF my friend from
Midilessex. If the Legislature OF Virginia,
or any authority in the State, has no 'isht TO
make any law multiplying a law made in pursu'
ance Of the Constitute OF the United States,
how is Virginia sovereign and independent!
That is the way to get at it. Ny Idea Is that
the sovereignty cannot reside in two PLACES.
While | hold that the State OF Virginia has
certain rights, and that to the extent OF these
rights the General Government dare nc, in,
fringe upon them; ! hold also tina! the Genera.
Government has certain powers ard rights
delegated to it by the people OF the several
States, snd that under the Constitution Of the
United States these rights, properly exercised,
are the supreme law Of the land. mold tina.
50 long as that is the case, the State cannot be
sovereign and independent.
The gentleman says, that "t we decide 70.
day that the Federal Government at Washing.
ton is q supreme and independent sovereignty"
We do not intend to decide any such thing
but | will tell you what | Go intend TO decide
so far Us my vote is concerned. | intend TO de-
eide that this Government is sovereign and in
dependent, so far as the powers delegated to it,
extend under the Constitution Of the United
States but that Congress has no reserved pow.
or, has no power beyond that delegated under
the Constitution. l want 10 read the 10th
amendment Of the Constitution, which is o
times, | know, relied on Ly gentlemen to prove
the Sovereignty Of a State, but which l sha!
ouste to provo that a State is rot sovereign.
THE powers not delegated to the United
States, by the Constitution, Tor prohibited by
it to the States, are reserved to the States re
spec,ivcly or to the people
The powers not delegated" Itseems thel
that there were some pc" rs delegated; or els'
how did you come to get . constitution Of th'
United States if you never delegated ahy
powers? How did it ever become q conpac
ii all the powers were TO remain where theg
were? l should like to sec how gentlemen
get over that point.
But, sir, I did not rise for the purpose OF
going into 4 debate Of this proposition. only
wanted it TO be understood why | shall vote
against the amendment Of the gentleman from
Mlddiescx. agree with the gentleman from
Rockbridge, that even if we could dispose Of
the proposition of the gentleman from Middle
sex at this point, isolated and alone, | would
not consent to do it-because the question doe:
not arise here and I do not want to throw ans
obstacles in the way Of the report Of this
Committee; for | have no doubt that every
opportunity will be embraced to throw every
obstacle IN the way that is possible. s!a.
vote against tho amendment
Mr. FlsHER-l desire to make a few remark
upon this subject, and especially do | desire
to read some authority from Mr.. Madison
lnasmuch as my friend from Harrison (Mr
CARLlLE) has given US what he declared wer,
the opinions expressed by Mr.. Madison in tn,
Federal Convention. As to Mr.. Pinckncv, h,
was well known not to entertain opinions
which sympathize with my own; and | shall
therefore, not undertake to make any reply L
the rem1rks he is reported to have made in TIL
South Carolina Legislature upon the adoption
Of the Federal Constitution.
am o little surprised tina: my friend lrol
Hockbridge (Mr. DomMaN) should have eI
pressed so strong an attachment for this repoI
and the resolutions accompanying it, us thai
not even the work Of inspiration itself coull
| I'M II t,y.Incnl 20 rl,N. liz. -. / 80.
OF the Committee Of twrnty.one. | understand
that one uf the difficulties that row bcset the
minds Of some gentlemen in reference to ,hi.
matter, is the failure TO recognize the manner
in which our Federal Constitution vas inau
guratcd.
Why, sir, the argument Of the gentleman
from Harrison is as destructive Of this report
Of the Committee Of Twcnty.one rs it is Of the
position which the States Rights party upon
this hoor take in vindica.ion Of their position