The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1872-03-18

| Journment last night and meetog thle
morning. and his citation OF authorities
showed no little research.
AFTERNOON SESSION.
Upon the reassembling of the Con.
vention in the afternoon, the report of
the Committee on the Bill OF Rights
and Elections being under discussion,
matters progressed smoothly and the
report of the committee met with gen.
eral concurrence until the following
amendment was offered by Mr.. Willy,
of Monongalia, to follow the 10th sec-
ton of the report: But every citizen
owes paramount allegiance to the Gov
eminent of the United S ates.'
Mr.. Wiley supported his amendment
by a brief argument touching the allie
glance owed 10 tine General Government
by a citizen OF the State aud claiming
that the report Of the committee looked
to State allegiance alone.
He was followed by Mr.. President
Price, Mr.. Travers having been called
10 the chair.
Mr.. Price said that he did not rise to
make a speech, but, as the ayes and
noes had been ordered upon the amend
ment, he rose to explain his reasons for
voting against the amendment. II he
gave silent vote bis motives might be
misunderstood. He did not owe
paramount allegiance to the Govern
ment Of the United States, or to that
OF the State of West Virginia. He
owed divided allegiaL ce to each. So far
as the Constitution conferred powers
upon the Government Of the United
States he owed allegiance to that; but
80 lar as the powers not granted were
concerned, he owed allegiance to the
State. There was necessarily no conf CT
between the two governments. The
Constitution OF the United States and
the laws and treaties made in pursuance
thereof were the supreme law Of the
land. All the powers not granted re-
NAMED with the States or the people.
There was therefore no conflict between
them unless the one aimed to usurp the
powers belonging to the other. They
each moved within their own orbit, and
there was no paramount allegiance due
either. 1t was, as he had said, a
divided allegiance. He therefore, be-
cause OF the word paramount, must
vote against the amendment,
Mr.. Pugh, of Tyler, said there were
two classes Of powers recognized In the
Government OF the United States
peace powers and war powers-under
the latter cases Of emergency arose IN
which the Constitution and laws were
silent. The war powers OF the Govern
ment were above and beyond the Con-
stitution. He desired to make a Con
stitution that would smile benificently
and operate harmoniously" in every
section of the State.
| Mr.. Ward was astonished at the doc
trine announced by the gentleman from
TYLER. The Constitution OF the United
States was a contract between the
States composing the Union. The
powers OF the General Government are
delegated by the States and the original
allegiance was therefore due to the
State. In creating an allegiance to the
General Government by the States Of
Union, it was not intended that that
should be paramount to the fealty orig
inally due 10 the State.
Mr.. Wiley stated that he was willing
to withdraw his amendment if the
amendment agreed upon in Committee
OF the Whole were disagreed to. He
agreed with the conclusions Of the
original committee in regard to the
matters set forth 10 the section referred
to, but thought the amendment adopted
in Committee OF the Whole looked
toward doctrine he could not support
unless qualified by the amendment he
had proposed.
Mr.. Woods desired to avoid the dis
cussiou of the question suggested by MI.
Willey's amendment The committee
had already, in the first section Of the
report, sad all that was necessary 10 b"
said in reference to the Federal rela-
tons Of the State. The report OF the
committee is in the language Of the
present Constitution upon that subject
and should there 'ore be satisfactory to
the gentleman from Monongalia. The
10th section Of the report under consid-
GRAFTON was literally correct; its an
nounced a truism and in an inotfensive
manner, and he thought it should stand
without the amendment sought TO be
engrafted upon it,
Mr.. Faulkner thought the amend
ment was offered out Of its appropriate
place in the article under consideration
The report as il stood announces a clear
and well settled principle OF the govern.
ment and the substance OF the section
had been again and again decided 10y
the Supreme Court OF the United States
to be correct. The Constitution Of the
State OF West Virginia was the first to
declare in express terms that the Con-
stitution Of the United States is the
supreme law of the land. He had no
objection 10 it, but thought it exceptional
and unnecessary. The Supreme Court
has over and over decided that the
States have the exclusive right to regu-
late their internal affairs. TWAS there.
fore no more than right that the Con-
sti,ution OF the State should assert it's
right to regulate the internal govern
ment and affairs Of the State as con-
templated by the report OF the Commit.
tee of the Whole. There is need for
this assertion and for its earnest main
tainance. The Congress Of the United
States is every year encroachiug more
and more upon the reserved rights OF
the States, and he would have every
officer OF the State and even every
subordinate official know that the State
has rights which it is the duty OF all
good citizens to zealousl y and faithfully
maintain.
Atthe close Of Mr.. Faulkner's speech,
the previous question was ordered and
the main question put resulting in ayes
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