Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1861-06-22
The Virginia State Convention.
SECOND SESSION.
s7ryN ~DAl-(C0TTTEED.)

litC SNHsN
We, the delegates Of the people Of Virginia.
in Convention assembled, do, in their name and
hehnlf, assent To-, ratify, aud ordain the Oonstl-
tuition aiopted by the Congress Of the Confed-
crate States al America, on the 18th of March,
1861. and we do hereby make known to all
whom it may concern, that the said Const!tu-
ton is binding upon the people Of this Com
monwcalth.'
Mr.. DoYn.-I beg leave to offer the following,
BY way Of amendment:
"This ordinance shall not take effect, how.
ever. until il shall be ratified by a majority oil
the qualified VOTERS # the Commonwealth,
cast ut n poll to be taken thereon, on the -
day of -, pursuant to 4 schedule hereafter
to be adopted"
Mr.. BOWL think it is proper to submit,
a matter Of such importance rs this 20 the
people before it is adopted. | will not de,ain
the Convention with any argument in favor
Of that amendment. All understand it, and
will be content therefore with merely present.
ing it. ! shall call the yeas and nays upon
that amendment.
Mr.. Baldwin, understand the proposition
is 10 submit to The people for ratification the
Constitution Of the Confederate States which
the ordinance under consideration proposes &c
adopt.
Ii seems to ue, sir, that there can hardly
be any serious doubt about our obligations as
members of this Convention TO submit that
question 10 the people.
The law under which this Convention is
held. and which, I take to be n limitation in
its present form, by the people themselves,
upon our power, expressly provides that any
action Of this Convention changing the rela
ton of the State Of Virginia to the Federal
Government or changing the fundamental Law
Of the State shall have no effect until it is
submitted for ratification to the people 1t the
polls.
Now, sir, ! submit that in this Convention
there has been some difference of opinion rs te
the construction Of that provision of the law,
| know there are members Of this Convention
who have advocated heretofore the proposition
that that limitation is Of no etiec: and tha,
this Convention is free to act without any
manner of reference 10 the vote Of the people.
do not concur in that opinion. conceive
that ne are bound by the terms Of the law;
that we are bound in good faith according te
the terms Of our appointment, and bound Ii
good policy according to the theory 81 the free
ROfcIlluicill ulJQC. NlilIh VIZ Il'Si W Sec'S
this question to the people Of the State.
Sir, if there is anything that Constitutes &
change in our fundamental law, it seems to nj
the proposition now before this Convention is
one that mikes n radical change. 1t is pro
posed now to cngraft as the fundamental law
Of Virginia the Constitution of tie Coniede
rate States, which, in its terms, declares itsell
to be the supreme law Of the land-aboe all
Constitutions Of the State of Virginia-the ST.
prcme Ian of the Confederate Sta;cs. Can it
be possible that the people who sent Us here
under n limited grant Of power, intended to
deny 10 US the right TO change the mode Of
e~lecting Justices of the Peace in the State o.
Virginia, without referring the question tt
them for their approval, and yet intended that
VIC should have the power Of adopting the SD
promo Law Of the land, overriding all CoEstitu
tons Of the State, without submitting our ac'
ton 10 them for ratification? cannot con
cei7e, for u moment, that they entertained anJ
such purpose; and feel bound, as a mcaber
of this Convention, in good faith, TO submit
this question 10 the people, as one which they
have the best risht-the only right-finally
to determine.
But, sir, independent Of the question Of obi
CATION, as I conceive, in my construction Of
this Law {; independent Of the obligation oil
good faith to the people who sent Us here with
these restrictions upon us,a republican citizen,
as the representative OF the people in q pOpu'
lar government, I recognise my obligation 10
submit this question, most. deeply concerning
the rights Of the people, 10 the determination
OF the people themselves.
| do not claim TO be Of that school of politics
that processes any extreme devotion to roPu-
lar rights, or TO what are generally called pop
ular privileges. think that the history Of
our Government Is a history OF mistakes, IN
regard to its restrictions and concessions, 10
" hat has been called popular righA But am
q republican in all rny feelings and opinions !;
.nd / hold to the doctrine that all power right.
fully comes from the people, is rightfuly exer-
crcised in thu name and by the authority OF
the people and | recognize my obligation to
be of the highest sort, 10 submit this great
question affecting the rights OF the people, to
their determination.
do not wish 10 be misunderstood in regard
to this matter. have made up my mind de-
to 60 cheerfully and promptly for the
ratification and adoption Of the Constitution Of
the Confederate States. have no hesitation,
10 vote for it, and shall advise, # it be
lett 10 the people, my constituents to 90 with
unanimity for tho ratification Of this
Constitution. But | feel it to be their right to
have the Constitution submitted to them, end
| deem it to be my duty to vote TO have It SUBJ
United to them. II seems to me that in con-
this new Confederate Government, it
IS of the utmost Importance that we shall begin
1t the right p%lace-that we shall plant its fonn-
lation deep down upon the foundation Of popu-
ar approval and popular ratification.
I hope it will he the pleasure OF the Conrcn-
lion to take that course. So much for that
There is another matter that I wish to draw
the attention CT The Convention 10. 1t is a
of some Importance.
Under the Constitution ui the United States
was always 4 Tsxed question as to the
rights Of the States to secede from the United
States, formed by that Constitution. That
gave rise TO a great deal Of bitter
and ill.will in the division Of parties
n the Government Of the United States
Those who advocated the right Of secession
always planted themselves firmly in their ar
currents upon the ordinance Of ratii cation Of
he Constitution Of the United States
Dy lNc SOlfClllIpil vi fHSIuhJ oPo'
the phrascology contained in that ordi.
aance-claiming that there was a distinct
reservation to the State Of Virginia OF the
to resume the powers granted in that
Constitution, when in their judgement: it was
perverted to their injury aud oppression. !
notice here that there is an entire omission in
ordinance before US, Of everything looking
10 q reservation Of this right Of secession IN.
Ter the circumstances mentioned and | desire
10 know before \ vote is taken, from some
Of the committee, whether this de-
oarture from the aacicnt precedent in regard
70 the Constitution of the United Staees is nc
or intentional. 1t will hereafter be-
come, in the history Of this Constitution, n
matter Of grave discussion as TO how it hap.
aened that thismarked difference is presented
the ratification Of the Constitution Of
The United States and the ratification Of The
Constitution of tho Confederate States. I lie.
sire that this matter shall now be placed histo
really and beyond dispute; and | call upon the
members OF this committee to know whether r