Daily Richmond Whig. [volume] (Richmond, Va.) 1865-1869, 1866-01-26


dav of February last being without the authority OF
The neople of Virginia cOnstitutionally given and in
deroga.ion of their rights illegal imperative. null,
void and without force or elect mat Convention
also among the msdeeds. abuses ana usurpatons'
which as u alleged, had been done or attempted,
hv the Convention nj Richmond, with tLc cOnnivancc
and active aid of the Executive, charged rs specially
obnoxious acts that lit has, IN conjunction with
the state Executive instituted, vherevertelr usurp-
ed power extends, reign OF terror intended 10 sup
press the free expression OF the will oil the people
and further, that the same combination, even be-
fore the passage of the pretended ordinance oil seces
sion instituted war by the seizure ana appropriation
of the Federal Government" The delegates oil the
Wheeling Conventions therefore, solcmnly declare
that all the acts OF the said Convention (held at
Richmond) aud Executive tending TO separate tins
Commonwealth from the United States, or TO levy
and carry on war against thcn are without authoTl-
~ and void and that the Offices Of all who adhere
Ia the said Convention and Executive, whether leg
islative executive judicial, are vacated. That
Convention also enacted an ordinance Tor the reOr-
unnizaton of the State government, which was. in
pursuance thereof reOrganized, and is now the re-
stored government of Virginia by virtue of whose
authority the Legislature has its being.
On the 18th February, 1854, Conventions called
under an act of the General Assembly. passed on the
Dist December, 1863, assembled ut Alexandria, and
adopted Constitution of the State of Virginia; that
Constitution, in the 9th section, under the
head of the " Legislative Department" declares
that the General Assembly shall not provide for the
payment of any debt or obligation created in the
! name OF the state Of Virginia, by the usurped and
pretended State authorities. Your committee have
quoted more fully than they wished from the provi
| Sons of the organic law under Which we act not
Ouly because they uppchcnded that the great multi
tude Of counselloTS IN the shape oi conventions aud
| legislatures which within the last five years have
undertaken to act for the good ui the state, might
darken counsel but because they believe that they
have thereby adopted The rcadicSt and panest mole
of investigation, and the most Ineligible and slts-
! factory mode of stating their conclusions. With the
view taken by the committee they thhN themselves
| precluded from Cnquir,ng whether TINS claim pos
SScssns any peculiar merit which places it higher
! .srounl than other claims For though it might he
proven or conceded that the seizure and apprUpria
ton of the steamers in violation alike OF the
comfy and good faith due to u sister State, and OF
the commercial interests OF the state, and though 1t
might be conceded that the liberal terms on which
the claimants are willing to place the settlement of
this claim cntitie them To the most favorable rc-
gard; vet the committee cannot forget that the or
ranic law and the restrictions put the powers of
! the Legislature must b. observed 10y them.
What is the character of this prOceedingl-
Was the seizure OF these steamers regular and law
! ful exercise of power, by legitimate Government
Was it not rather the irregular, violent and extra
ordinary acton Of revolutionary Government Il
rude collision, constituting IN all its essential cc-
! meutS the shock of actual wal. II your committee
would believe that the Seizure OF these steamers
the act OF the Legitimate authorities OF the state us
| these claimants contend, aud therefore as they al
! ecc binding on the restored Government, yOnr
mittee cannot perceive that the claimants have adj
Yanced step in the attempt to establish the validity
| of their claim. For, though the Government might
have been legitimate, ii by no means follows that
the act itself was legitimate exercise Of power. It
the act itself was illegal plainly beyond the conSt-
tutonal aud legal powers OF the Executive, plainly
\ palpable and violent uSurpatOn, the question then
arises how far the abuse usurpaton of power by
any officer OF Government can bind that
| Government Without undertaking tn say that
no case could occur where policy and justice,
and even law might not require the state
| to adopt rs lis own the erroneous acts of any
OF its officers, it is sufficient for our purposes
to say that the seizure OF these steamers cannot be
garlcd as coming within that class OF casoS. In
view OF the situation ofthe country at that time, en-
bracing not only Virginia, but the whole Coniedc-
rate States and the United States, it cannot be de-
MED that the seizure of these steamers war
/ measure. lt was SO intended, SO acknowledged, 50
! justified. What might have been the action OF Nir-
giniA il the Conlederacy had succeeded, and the
| u,urpng State government ut Richmond, as 1t %
called had become the established, regular govern
| nent we do not mean to say, because the supposed
case has not occurred and because if il had Oc-
cured this claim would have been decided moi 10y
the laws of Virginia, but the rules OF international
law and the principles incorporated in the Federal
Constitution. But the COnedcracy failed, and adopt
ing the results OF that failure we must seek what 1t
is that our duty the General Assembly of the re
stored government requires of Us.
Ii is manifest to the committee that, viewing the
question, if u common but expressive phrase may
be employed through the spectaclcS OF the Wheeling
! Convention, this claim cannot he allowed The
appointment OF military committee to advise the
Governor the organization, the creation of navy,
the seizure of HIrpers Ferry and the navy yard ut
Portsmouth, ana other kindred acts hy the state
authorities at Richmond, speaks Il language the
meaning of which 1t is impossible to misunderstood.
These events occurred about the time of the seizure
of the steamers, whether just before or just after
makes lt:le difference in the opinion Oi the COM
mjttyc. They were part AMI parcel Ol the same
plln They were series OF measures evidently
and avOwed!y tending to separate this Common
wealth from the United States, or TO levy and carry
on war against them; ana therefore, in the lam
rua.e of the Wheeling Convention, without au-
| thOritv and void. How then we, acting I'm
der the authority of the restored Government, re-
| cogni2e as valid and binding acts which that Gov
eminent has always rcpudiated and declared void.
Further and To place the question on still higher
ground il mus: be remarked that the restored gov
eminent was instituted rs an antagonl>Ir nn~nf-
., ~-.r--ely created tu oppose resist ANA nul-
lily these war measures. The FIRST ordinance enacted
no Wheeling, and all subsequent acts of the restored
government prove this assertion But for organ
izing such opposition the restored government never
would have had its origin, and through all the Vi
cisStudes OF its existence it has been animated by
! the same spirit.
! Ii this claim is regarded "a a debt as the claim
ants designate it, obligation, the General As
sembly is expressly prohibited from providing forts
/ payment. 1t is true that the prOhbtOry clause,
! above referred to- does not rcpudiHte or nuy any
claim. But 50 far us the action OF this General ~
sembly can be invoked the effect rs to the payment
is the same. No payment can be made. No pro-
vision for payment can he made.
tmust he remembered as L prominent Fact that
the restored government and the Richmond State
government Were not only opposing powers, aud IN
a general sense, hostile powers, but they were en-
glged in actual with each other. This state OF
active hostility continued to the fall of the Conci
eracy. By this event the restored government con-
uuerrd overthrow and DESTROYED the State govern
incnt at Richmond. The restored government was
established throughout the State in the character
and with the rights OF a conquering power. When
we remember that the first act of this government
was intended to avoid all responsibility for acts of
this character by declaring them void, aud
that subsequent occasion there was
incorporated in the organized law the prohibition
that the General Assembly shall not provide for the
payment of any debt obligation created i'll the /.
name of the State OF Virginia by the Richmond au- /
thOritieS and that the restored government is now
the only power in the State, willing all along, AMI
now 10y the current of events able to enforce tho.'
provisions aud prohibitions, common Hc.tc would /
rs it seems To the committees at once aHl without |
hesitation or doubt, declare against TIL c!ia'c.
Your committee are, therefore, of thu op.n!on that
the General Assembly have NJ power u provide far
the payment of tbs clam and respectfully ask TO b;
relieved from lis farther consideration
Ordered to he printed.
THE BILL DECLARING THE CODE OF 1869 THE LAW or
VIRGINIA.
Was taken up. when Mes,rS. Evans OF Richmond /
cltS, ana liEiNpDN. oi Nl'ulSNINdHh "iN'tis'I i''
immedat, passage. which was opposed by Me>s..
JoYSEs, Baldwin, GRATTAN and WILSON; when,
On motion of Mr.. LEE, of Richmond city it was
laid upon the table.
THE DOVER COMPANY.
The Senate bill Incorporating the Dove; Company /
was taken up and passed with amendments.
A BILL TO PAY THE EXPENSES OF THE TRIAL OF
MESSRS. POLLARD, TYLER AND COLEMAN.
A bill directing the Auditor OF Public Accounts 10
issue warrants upon the treasury upon the certificate
of the Clerk of the House for amounts duc with SScs
in the cases above referred TO. The hit provided
that no member of the Legislature Or citizen Of
Richmond shall receive any compen iatua 70: Their
attendance rs witnesses.
After considerable discussion,
Mr.. GARRETT moved to IecOmmt the bill, which /
was lost by the following vote: Ay"s 81 noes s. /,
Mr.. WoODsoN desired to offer rid,r to the bill /.
but the Speaker decided it not in order.
The CuAIg stated that all bills requiring an cX-
penliture for the House, under the rules hal to he
referred to the special committee on that subject.
Mr.. BENTIY renewed the motion tn rrrommit.
Mr.. ROBERTSON called the previous question .
whereupon Mr.. Ben,y'S motion prevailed.
BILLS PASSED.
A bill to incorporate the Virginia Land and I'M
migration Company.
\ bill to confirm the acts Of courts held ut i'm.