The native Virginian. [volume] (Orange Court House, Va.) 1867-187?, 1868-04-24
RADICAL MEMBERS OF THE coNvEN'
TON AGAINST THE CONSTITUTION.

At the close of the convention last
Friday night speeches were made by
various Radical members, of whom
Messrs Eastman, Snead and Allen took
strong ground against the constitution.
We append the substance of their re-
marks.
DR.. Eastman said:
l came to this convention with an hon
est and sincere purpose to all in franz
ing constitution which would restore
Virginia to the Union, with all the
rights aud privileges of her sister States.
! accepted the reconstruction acts of
Congress in good faith, and hoped that
| would find myself in body in which
all would be animated by a like desire
| to save what was left of our once happy,
but now desolate, old commonwealth.
l fondly hoped, too, that all parties
would, in q spirit OF Cancellation and
compromise, show awillingness to frame
! constitution which, while in perfect
accord with the provisions of the recon-
struction acts, and the changed order
OF things, would be unproscriptive and
liberal in its provisions, but have been
/ disappointed. In the wranSling OF the
four long, weary months ofacrimonious
debates which have just terminated, Vir-
4 ginia seems to have been forgotten, and
party and personal ACKNOWLEDGEMENT, in
| too many cases, only remembered.
| 1t seems that like the unnatural moth
er who was willing to have the child Of
another, she claimed, divided in twain,
they have been willingto divide Virgin
| iaIinto hostile and antagonistic elements,
instead of organizing harmony and
peace among her citizens, which from
| the bottom of my heart have so much
| desired to see. A constitution has been
\ finally made and is now to be submitted
to the people OF Virginia for their adop-
ton or rejection. which, in my humble
| Judgment, is in violation of both the
! letter and spirit of thc reconstruction
| acts of Congress under which the Con-
ventIon was called. Can any man in
| ought to pursue, when the veal or woe
| Of his State is at issue at the ballot box?
III q word, gentlemen, to come at
once to the point, cannot support such
| . constitution. Like my friend Judge
Snead, whose record asa defender ofthe
Union and the Constitution is without
| blemish, would as soon sell my birth
| right for mess of pottage.
For these reasons shall vote sganst
| 1t and urge its rejection by my people,
| for believe as sincerely as do in the
ultimate triumph of truth, that it's adop-
| ton will result in ruin to the peace.
| happiness or prosperity Of all classes
and conditions of the citizens of the
| State.
Judge Snead said:
am firmly persuaded that
| majority of the qualified voters will
| stamp this constitution with the seal of
| their decided and everlasting condem-
nation. They will repel with indignant
| scorn the base insihuation implied in
that most abominable, most detestable,
| and iniquitous imposturc and swindle
| denomnated the retrospective home
stead, that they can be bought and sold,
and bribed to vote as its authors may
| dictate, at the price Of two thousand
| dollars per head. They will repel with
virtuous indignation the foul aspersion,
and vindicate their integrity and honor
| by rejeetion of the constitution by a
| decided majority. | have too much
| confidence in their native sense of JUS
tice and honest dealing to believe that
| they will ever endorse any measure so
| unriyliteous, SO destructive of the pri-
mary objects OF Government, as the
| damnable and damning retrospective
homestead bill. Such legislation can
| never receive the endorsement of my
vote. 1t is an atrocity unparalleled to
the annals of civilized society. i have
been credibly informed that the gentle
! man from PoWhatan and Chesterfield,
during the debate on this question
| which occurred during my recent ill
] ness, stated on the floor of the conyen-
| ventiOn that the States OF Minnesota,
| Californil, and Winconsin had framed
constitutions securing homesteads that
were retrospective in their opera,
ton. That assertion is misrepresen-
tation of the facts ofhistory, and stand
here prepared to prove it. To-day l
took occasion to look into boo X con-
tanning the constitutions of the several
States. In that find that the Califor-
mia and Wisconsin homestead provis-
ions are prospective, aud are declared
not to be Retrospective in express and
positive terms. In the Minnesota con-
stitution it is not stated whether the
exemption of the homestead therein
provided is to apply to debts antece-
IDENTIFY contracted or not. 1t is silent
on that point, and the fact that it is ST.
lent renders it prospective only; for it
is an established rule of construction
known to every lawyer that retroactive
laws being odious, contrary to sound
| public policy and equitable legislation,
every statute is to be presumed to be
| prospective unless the contrary is de-
1 clared in plain and unequVocal terms
| that the law-maker is to be presumed to
have acted in accordance with this prin-
ciplc, unless the contrary plainly ap-
pears from the terms of the statute
| The gentleman has eulogized the con-
stitution as being in conformity with
the constitution of the nited States
That is another grand mistake. This
homestead provision is plain aud pal
pable violation of the Federal consttu-
ton, which declares that ssno State shall
pass any &c post factO law, or law impair
ing the obligation of contracts" The
courts will SO decide; and the hapless
debtor who is foolish enough to be de-
luded by its false promise of s'relief''
will eventually, andin short time, find
himself landed high and dry on a bleak
and unhospitable shore OF hopeless
bankruptcy and inevitable ruin.
Mr.. Allan said:
- = But it is with profound regret
that l am forced to announce, as my
purest conviction, that the instrument
we have just completed is of such a
character as not only to secure its de-
feat before the people, but which will
not receive the approval. of the National
Congress even in case OF its ratification
here.
l was elected a delegate to the con-
vention by colored constituency, and
only received single white vote. 1t
did not cause me much surprise that a
people against whom ! had stood in
battle array for three long years should
refuse to recognize the fitness of such a
person to represent their interests in
so important an assemblage as con-
vention for the purpose Of framing the