The times. [volume] (Richmond, Va.) 1890-1903, 1901-03-24
State Sovereignty.
Berlin, Va, March 10, 1901.
Editor Of The Times:

Editor of The Times:
Sir,-The Times is nothing il not logl-
cal.
In its Sunday editorial it takes the
only ground upon which Federal office
holders. etc. can base q shadow of
claim to eligibility to the Constitutional
Convention. Unfortunately there IS
fallacy in The Times position 1t as
sumes that Virginia is an unlimited SOW
ereign power, consequently mas right
to inaugurate revolution. Sucn is NOT
the case. Some time since Virginia III
conjunction with other sovereign STATES
delegated a part of her sovereignty to
the Federal Government. Among othet
powers delegated. she delegated to the
United States the power to guarantee a
republican form Of government to every
State in the Union (sec Z. S. Constltu-
ton. art w, sec. -, hence instead OF
the people being supreme and having
the right to do anything they please, as
YOU express it, their powers are con-
siderablv limited If Virginia had the
right to inaugurate revolution. 1t could
substitute monarchial government Tor re-
publican government. The Times 1ahS
to draw the proper dlStlnctlon' between
the right of an unlimited sovereignty 10
lnauCuratc ICtOluliOIi eillb 1iiS 70 $40 -
a limited sovereignty to change or MOD
ifv it's Constitution under form of law
the difference is as chalk and cheese
Unlimited sovereignty could declare the
government at an end--leaV1nS every
man q law unto himself. TO accom-
nlish this in the United States the ma
jority of the citizens OF the united
States must declare first the abroGatlon
of its Constitution and laws: then the
States would be separate and distinct
entities. The majority OF the cltlZehs
would then be able to destroy all gov
ernment or change it to any form they
pleased. While the Fedora! Government
exists no State has the right to abrogate
a republican form of government even
for a single instant. It has the right to
proceed under form of law to substl-
tute by' change of Constitution, one
form of republican government for an
other. acting always within the llml-
tattons of the Federal compact This
being true, there will not be an Instant
in which Virginia will be free from con-
stitutional and statutory regulation. Inc
new Constitution can only become erect
i've when it is adopted. The instant II
is adopted the old Constitution ceases
to exist-not a moment sooner.
When the new Constitution is adopted
all. officers under the old Constitution be-
come functus of1icio, and to prevent any
lapse Of government. the Constitutional
Convention provides that everything
shall remain in statu quo until the new
order of things shall have been lnau-
curated. The subject of the power OF
the Constitutional Convention has ap-
parently developed a considerable amount
of conflict of thought among those VINO
have not thoroughly analysed the mat
ter. The delegates to the convention are
the agents of the people. They have
plenary powers for the substitution OF
one Constitution for another, but have
no power to do anything else. II they
do not think proper to use this power
to declare their work. the new Consti-
tuition, they can refer it back to their
principals for adoption. They are sworn
officers under the present Constitution
and must observe the Constitution and
statutes except that no statute can IN
terfere with their action so far as to
limit their powers either to recommend
or to adopt a Constitution which is not
in conflict with the Federal Constitution.
Such q statute would be ultra wires and
void.
Upon this paramount power is pre-
dicated many OF the mistaken concep-
lions Of the conventions power. Its or
sanitation and procedure must be under
ffe nrAsane Constitution and statutes,