Daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1859-1865, 1861-06-17
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VIRGINIA CONVENTION
Debate on the Declaration,
REPORTED BY TIE COMMITTEE ON BUSINESS,
FRIDAY, JUNE IA, 1861.

FRIDAY, JUNE "a, 1861.
In the Afternoon Session of Friday, the
Order of the Day-viz., :he Declaration
reported by the Committee on Business.
having been taken up, 7i-ai a.I
Mr.. DoRsEy, of Mopongalia, said he had
no special objection to this declaration of
itself. He thought there was m error or
sentence:
"The act of the General Assembly, call
Ing the Convention which assembled at.
Richmond in February last, was therefore
usurpationi and the Convention thus
called has not only abused the powers
nomlnally entrusted 10 1t, but, with the
conhivauce and active aid of the executive,
has usprped and exercised other powers,
TO the manifest injury Of the people, which,
It permitted, will Inevitably subject them
to military despotism.n
This sentence gave peculiar force to the
one which preeedes it, which reads thus:
"Ihe Bill of Rights of Virginia, framed in
l779, re-athrmed in 1880, and again in.
1881, expressly reserves this right to the
majority of her people, and tue existing
constitution does not confer upon the Gem
eral Assembly the power to call a Conven-.
ton to alter its provisions, or to change
the relations ofthe Commonwealth, with
out the previously expressed consent ofsuch
majority" Taken in connection with the
one first read, this seems TO mean with
the previously expressed consent of such
majority, the General Assembly has
the power to change the relations Of
the Commonwealth, andif that means the
Federal relations, this is a virtual conces-
sion Of the doctrine of secession. The OBJ
lection, However, which he hadto this doc.
ument related to its connection with other
documents reported to this Convention bv
the Committee on business, rs being part
of systematic plan which had been pre.
pared by the committee reporting the dec
laration-a plan which he objected to and
to which he would report his objections.
Ma. CARLiLE: | thank my friend from
Monongalia for allowing the committee an
opportunity to explain, and show, if we
can, that the language referred to is not
justly subject to the criticism to which it
seems to have been exposed. Before he
enters upon substantial objection he has
kindly consented that we shall be allowed
to perfect the declaration. IA
think, sir, upon IL careful reading of
the declaration gentlemen will see that
there is nUthing in the world squirting to-
wards the heresy of secession, in the
4
the right of the people to alter or abolish
their government. No man doubts that
right; it is as old as liberty itself 1t is
right that any and every people have, sue
cesstully If they can, to resist govern.
ment which they believe TO be oppressive
or unsuited to their wants. If they snc-
coed in their efforts they are patriots, If
they fail they are rebels. 1t is theright of
revolution. nj,
The people of Virginia in establishing
themselves government deemed it best
that it should be divided into two parts,
if may use the expression, and you will
allow me to use language which under
stand, and which all can understand. What
is government? 1t is an agent. All gov
ernments are the agents of the people gov
eTned; and the people of Virginia in es-
tablishing government for themselves
deemed it best to creRte two agents. The
Federal Government is Que, and the State
Government is the other; and they have
expressly declared that the acts within the
limits of attorney that the acts of the
federal agent, within his powers limited
and defined by the instrument creating
him agent, shall be supreme. Any act
done or performed by the State agent in
conflict with the powers Conferred upon
the Federal AGENTS. to be null and void
Thus it will be seen that within the powers
conferred the federal agent is supreme, in
dependent Of, and above the State agent.
Hence the doctrine of Mr.. Clay when he
said: IL owe supreme allegiance to the
Federal Government, subordinate one to
my own State
The State agent, as to the exercise of its
powers, is wholly Independent OF the Fed
eral agent. The Federal agent can exer-
NJ i
upon him by the instrument creating him.
The State agent eau exercise all power
that the people themselves were they per-
sOnnlly present could exercise, which is
not forbidden to be exercised by it, in the
Constitution creating II. Shere is the dis
tinctiOn between the two agents.
How was this Federal agent created
The State agent was created solely and
alone by the peopleof Virginia themselves;
1t is responsible to no one else, deriVesits
powers from no one else; is the creature
OF the people of Virginia alone.
The Federal agent is the creature of all
the parties to the Federal compact. The
people of Virginia agreed with the people
of the other IL colonies-there were but
l3 at the time-agreed with them that in
connection with them they would create
this common agent for common purposes,
and the discharge of common duties And
how was that agent created in each one of
the States? In their sovereign capacity,
in convention assembled, ratifyihg and ap-
proving the instrument creating the agen-
cy known asthe Constitution of the United
States. That very instrument provides for
its own alteration, amendment or change.
On the application of two.thirts of the
principals creating it, amendments can be
proposed to 1t tNndfchanges effected, which
will become part and parcel of the
original act itself, when ratified by three
fourths of the principals through their
legislatures or in their conventions as
semblel.
Now, sir, what is this clause to which
reference has been made here2 1t merely
n ssnrtsL what. MI knnu. tn hn trnn thnR. thIn |