Evening session.
The Committee was called to order by
Mr. Southall, at 4 o'clock.
Mr. Fisher, of
Northampton, said the
Committee had passed upon the two amendments offered, and he supposed the first resolution was now open for amendment.
The
Chairman.--Yes, sir.
Mr. Fisher.--Then I propose to amend by striking out in the fifth line, after the word ‘"instrument,"’ the words ‘"the people of each State agreed to associate with the people of the other States, upon a footing of exact equality, "’ and inserting in lieu thereof the words ‘"each State acceded as a State, and is an integral party, and its co-States forming, as to itself, the other party."’
Mr. Fisher said his object in offering the amendment was to vindicate the truth of history.
It was an undoubted fact that the
Constitution was not submitted for ratification to the people of the
United States as an aggregate mass, but each State acted for itself, in its separate character, in the highest attribute of its sovereignty.
Secession, he maintained, was not a right derived from the
Constitution, but a right over and above the
Constitution, which each State reserved for itself.
Virginia, in ratifying the
Constitution, never surrendered her right to secede.
She ought never to exercise it for light and trivial causes, but it was a right that was essentially necessary for the maintenance of her sovereignty.
Mr. Fisher briefly advocated his amendment, which, he said, would not impair the unity of the report.
Mr. Scott, of
Fauquier, had been impressed with the idea that the resolution, as reported, would prove acceptable to every one, without amendment.
The object of an amendment ought to be to remove an ambiguity.--The gentleman from
Northampton proposes to substitute for the word ‘"people,"’ the word ‘"States."’
Mr. Madison defined the word States to mean the people of the States.
But to come to a higher authority than
Mr. Madison, let us, said
Mr. Scott, appeal to the record.
The act of
Virginia, ratifying the
Constitution, expressly makes the ratification by and on behalf of the people of the
State.
The gentleman from
Northampton was objecting to the very term in which the
Constitution was ratified.
The amendment was like the others, hyper-critical, and he hoped no modi fication would be engrafted, merely to gratify a hyper-critic.
Mr. Fisher briefly rejoined, sustaining his previous position.
Calls for ‘"question,"’ ‘"question."’
Mr. Bruce, of
Halifax, and
Mr. Wise, of Princess Anne, continued the debate.
The question being to strike out the words specified and insert the amendment offered by
M. Fisher,
Mr. Cox, of
Chesterfield demanded the yeas and nays.
The roll was then called, and the vote resulted as follows:
Nays.--
Messrs. Blakey,
Boissean,
Conn,
R. H. Cox,
Fisher,
Graham,
Gregory,
J. Goode, Jr.,
Isbell,
Kent,
Montague,
Morris,
Wise, and Woods.--14.
Yeas.--
Messrs. Janney, (
President,)
Ambler,
Armstrong,
Aston,
Baldwin,
Alfred M. Barbour,
Baylor,
Berlin, Blow,
Boggess,
Borst,
Boyd,
Branch,
Brent,
Brown,
Bruce,
Burdett,
Burley,
Byrne,
Cabell,
Campbell,
Caperton,
Carlile,
Carter,
Chambliss,
Chapman,
Coffman,
C. B. Conrad,
Robert Y. Conrad,
Couch,
J. H. Cox,
Critcher,
Custis.
Deskins,
Dorman,
Dulany,
Early,
Echols,
Flournoy,
French,
Fugate,
Garland,
Gillespie, Gravely,
Gray,
Goggin,
T. F. Goode,
E. B. Hall,
Hammond,
Haymond,
Hoge,
Holladay,
Hubbard,
Hughes,
Hull,
Hunton,
Jackson,
Marmaduke Johnson,
Peter C. Johnston, Kilby,
Lawson,
Lewis,
McComas,
McGrew,
McNeil,
Charles K. Mallory,
James B. Mallory,
Marshall,
Marr,
Marye, Maslin, Masters,
Miller,
Moffett,
Morton,
Moore,
Neblett,
Orrick,
Osburn,
Parks,
Patrick,
Porter,
Preston,
Price,
Pugh,
Rives,
Robert E. Scott,
Wm. C. Scott,
Seawell, Sharp,
Sheffey, Sitlington,
Slaughter,
Southall,
Spurlock,
Staples,
A. H. H. Stuart,
C. J. Stuart, Strange,
Summers,
Sutherlin,
Tarr,
Tayloe,
Thornton,
Treadway,
R. H. Turner,
F. P. Turner,
Waller,
Whitfield,
Willey,
Wilson, and Wysor.--113.
So the amendment was lost.
The question recurring on the original resolution, the vote was taken
viva voce, and resulted in its adoption.
It reads as follows:
1.
Be it Resolved and Declared by the People of the State of Virginia, in Convention Assembled, That the States which composed the
United States of America, when the
Federal Constitution was formed, were independent sovereignties, and in adopting that instrument the people of each State agreed to associate with the people of the other States, upon a footing of exact equality.
It is the duty, therefore, of the common Government to respect the rights of the States and the equality of the people thereof, and, within the just limits of the
Constitution, to protect with equal care the great interests that spring from the institutions of each.
The
Secretary then read the second resolution of the report, as follows:
2.
African slavery is a vital part of the social system of the States wherein it exists, and as that form of servitude existed when the
Union was formed, and the jurisdiction of the several States over it within their respective limits was recognized by the
Constitution, any interference to its prejudice by the
Federal authority, or by the authorities of the other States, or by the people thereof, is in derogation from plain right, contrary to the
Constitution, offensive and dangerous.
Mr. Wise moved to amend the resolution, by inserting in the second line, after the word ‘"exists,"’ the words ‘"and of the political system of the
Federal Government,"’ so that it would read ‘"
African slavery is a vital part of the social system of the States wherein it exists, and of the political system of the
Federal Government."’
Mr. Wise briefly advocated his amendment, which he thought was an assertion that was necessary to be made in the declaration.
Mr. Conrad, of
Frederick, said the amendment was obnoxious, and in a still higher degree, to every objection applied to the amendments already rejected.
It was based upon a misconstruction, was unnecessary and incongruous, and untenable in point of fact.
Mr. Wise contended that it should be expressed that slavery is something more than merely recognized by the
Federal Constitution.
The gentleman says it is incongruous.
He admits that it asserts what is already expressed in the resolution, and therefore it cannot be incongruous.
As to the third position of the gentleman, he wanted everybody to know that the
Chairman of the
Committee on Federal Relations has said that slavery was not a vital part of the political system of the
United States.
Not a vital principle, when it had already divided its vitals, pierced its heart, torn it asunder!
Suppose, continued
Mr. Wise, that the people of
Virginia thought proper to abolish slavery; if it was vital to her social system,
Virginia would die; and in the attempt to abolitionize the
Government which had been made by the Republican party, the whole political system of the nation had been torn asunder.
If this was not proof enough of the vitality of slavery in the political system, he knew not what vitality was.
The question being on
Mr. Wise's amendment, the yeas and nays were demanded by
Mr. Conrad, and the vote resulted as follows:
Yeas.--
Messrs. James Barbour,
Blakey,
Boissean,
Borst,
Branch,
Cabell,
Chambliss,
Coffman,
Conn,
Richard H. Cox,
Fisher,
Garland,
Graham,
Gregory,
John Goode, Jr.,
Hunton,
Isbell,
Kent, Kindred,
Lawson,
Miller,
Montague,
Morris,
Morton,
Neblett,
Parks,
Richardson,
Seawell,
Sheffey, Speed, Strange,
Francis B. Turner,
Whitfield,
Wise, and Woods. --37.
Nays.--
Messrs. Janney, (
President,)
Armstrong,
Aston,
Baldwin,
A. M. Barbour,
Baylor,
Berlin, Blow,
Boggess,
Boyd,
Brent,
Brown,
Bruce,
Burdett,
Burley,
Byrne,
Campbell,
Caperton, Carlite,
Carter,
C. B. Conrad,
R. Y. Conrad,
Couch,
James H. Cox,
Critcher,
Custis, Deskins,
Dorman,
Dulany,
Early,
Echols,
Flournoy,
French,
Fugate,
Gillespie, Gravely,
Gray,
Goggin,
Ephraim B. Hall,
Hammond,
Haymond,
Hoge,
Holladay,
Hubbard,
Hughes,
Hull,
Jackson,
Marmaduke Johnson,
P. C. Johnston, Kilby,
Lewis,
McComas,
McGrew,
McNeil,
C. K. Mallory,
J. B. Mallory,
Marshall,
Marr,
Marye, Maslin, Masters,
Moffett,
Moore,
Orrick,
Osburn,
Patrick,
Porter,
Preston,
Price,
Pugh,
Rives,
Robt. E. Scott,
Wm. C. Scott, Sharp, Sitlington,
Slaughter,
Southall,
Spurlock,
Staples,
A. H. H. Stuart,
Chapman J. Stuart,
Summers,
Sutherlin,
Tarr,
Tayloe,
Thornton, Tredway,
Waller,
Willey, and Wisor.
90.
So the amendment was defeated.
The second resolution was then adopted.
On motion of
Mr. Jackson, of
Wood, the
Committee rose and reported progress; and,
On motion of
Mr. Echols, the
Convention adjourned.