previous next

Evening session,

The Committee re-assembled at 4 o'clock.

Mr. Leake took the floor and advocated his amendment, offered previous to the recess.-- He contended that none of the propositions reported by the Committee on Federal Relations were sufficient to reach the root of the evil.

Mr. Johnson, of Richmond, said he could not give his consent to the amendment, for it seemed to him that the gentleman from Goochland contemplated the execution of the higher law himself, to which he had objected, by going behind the Constitution and taking the matter into his own hands. It would be enough for him (Mr. J.) if he could obtain from a majority of the Northern people guarantees of sound constitutional amendments which would put at rest the question now agitating this too much distracted country.--He briefly stated his objections to the amendment, which he hoped would not be adopted.

Mr. Leake replied, expressing his belief that the gentleman from Richmond had misapprehended the intention of his amendment. He argued that it contained nothing in conflict with the Constitution.

The yeas and nays being demanded, the roll was called, and the amendment was rejected by the following vote:

Yeas.--Messrs. Ambler, Blakey, Boisseau, Borst, Bouldin, Boyd, Branch, Bruce, Chambliss, Chapman, Coffman, Conn, Dorman, Echos, Fisher, Flournoy, Garland, Graham, J. Goode, Jr., Hale, Cyrus Hall, L. S. Hall, Harvie, Holcombe, Hunton, Isbell, Kent, Kilby, Kindred, Lawson, Leake, Macfarland, Chas. K. Mallory, Jas. B. Mallory, Marr, Marye, Miller, Montague, Morris, Morton, Neblett, Randolph, Richardson, Seawell, Sheffey, Slaughter, Speed, Strange, Sutherlin, Thornton, Tredway, R. H. Turner, F. P. Turner, Tyler, Williams, Wilson, Wise, and Woods.--8.

Nays.--Messrs. Armstrong. Aston, Baldwin, A. M. Barbour, Baylor, Berlin, Boggess, Brent. Brown, Burdett, Campbell, Carlile, Carter, C. B. Conrad, R. Y. Conrad, Couch, Critcher, Custis, Deskins, Early, French, Fugate, Gillespie, Gravely, Gray, Goggin, A. Hall, E. B. Hall, Hammond, Haymond, Hoge, Holladay, Hubbard, Jackson, Janney, M. Johnson, P. C. Johnston, Lewis McComas, McGrew, McNeil, Marshall, Maslin, Masters. Moffett, Moore, Nelson, Orrick, Osburn, Parks, Patrick, Pendleton, Porter, Preston, Price, Pugh, R. E. Scott, Wm. C. Scott, Sharp, Sitlington, Spurlock, Staples, A. H. H. Stuart, Chapman J. Stuart, Summers. Tarr, Tayloe, Waller, White, Wickham, and Willey.--71.

The seventh resolution as amended by Mr. Wise, was then adopted. It now reads:

7. To remove the existing causes of complaint, much may be accomplished by the Federal and State Governments; but to restore the Union and preserve confidence, the Federal Constitution should be amended in those particulars wherein experience has exhibited defects and discovered approaches dangerous to the institutions of some of the States.

The Secretary was then directed to read the 8th resolution, but Mr. Price, of Greenbrier, moved that it be passed by for the present with a view of amending the 9th.

The reading of the 8th resolution was called for, and it was read, as follows:

‘ 8. The people of Virginia recognize the American principle, that government is founded in the consent of the governed, and they concede the right of the people of the several States of this Union, for just causes, to withdraw from their association under the Federal Government with the people of the other States, and to erect new governments for their better security, and they will never consent that the Federal power, which is in part their power, shall be exerted for the purpose of subjugating the people of such States to the Federal authority.

’ The question being on Mr. Price's motion to pass by, Mr. Montague argued that it was contrary to the rules of the Committee.

The yeas and nays were demanded by Mr. Wise, and motion to pass by was carried — yeas 68, nays 67.

So the Committee passed by the 8th, and took up the 9th resolution, as follows:

‘ 9. The exercise of this right by the States of South Carolina, Georgia, Florida, Mississippi, Alabama, Louisiana, and Texas, without the assent of the other States, has given rise to new conditions, and presented questions touching those conditions intimately affecting the rights and safety of the other States Among these are the free navigation of the Mississippi River, the maintenance of the forts intended to protect the commerce of the Gulf of Mexico, and the power to restrain smuggling along the interior borders of the seceded States; but the Federal authorities, under the Constitution as it is, disclaim power to recognize the withdrawal of any State from the Union, and consequently to deal with these questions, holding that it is reserved only to the States as parties to the Government compact to take lawful action touching them.

Mr. Wise asked what ‘"right"’ was referred to in the first line of the resolution? Something that we have passed by ! The ninth resolution, he thought, would have to be ‘"skipped b.,"’ since it was really a part of the eighth.

Mr. Conrad, of Frederick, said he could obviate the difficulty, by an amendment which he proposed to offer.

Mr. Wise objected, but the Chair overruled the objection.

Mr. Conrad then moved to amend by striking out from the first line the words, ‘"exercise of this right,"’ and inserting in lieu thereof the words ‘"withdrawal from the Federal Government."’

Mr. Wise inquired if the amendment was submitted merely to obviate his objection? If so, he maintained that it was out of order.

The Chairman asked if the gentleman raised a point of order?

Mr. Wise said he did, distinctly.

The Chairman requested him to reduce it to writing, and Mr. Wise complied, making his point of order as follows:

‘ The Committee of the Whole, by vote, decided to pass by the 8th resolution of the pending report, without deciding to what subsequent resolution of the report it would pass to the consideration of. The next resolution, the 9th, commences in these words:‘"The exercise of this right,"’--referring to a right declared in the 6th resolution, which was passed by. To obviate this the gentleman from Frederick moved to amend the 9th by striking out the words ‘"The exercise of this right,"’ relating to the 8th resolution, and to insert words making the 9th independent of the 8th resolution. The point submitted is, that this motion proposes to amend the matter of the 8th which had been passed by.

’ The Chairman overruled the point of order.

Mr. Conrad said the gentleman from Princess Anne was under a misapprehension. The motion to pass by the 8th was with a view of considering the 9th, and his amendment was contemplated at that time.

Mr. Wise had not so understood its purpose.

The amendment offered by Mr. Conrad was then agreed to — yeas 77, nays 58

Mr. Macfarland moved to further amend the 9th resolution, by striking out all after the word ‘"States,"’ (7th line,) and inserting the following: ‘"To the adjustment whereof, and to the recognition of the independence of the Confederate States of the South, or their restoration to their former relations, as negotiation may eventuate, the Federal Government is hereby called upon to address itself."’

Mr. Macfarland, in advocating his amendment, said he proposed to follow it up with a motion to drop the whole of the 10th section.

Mr. Conrad opposed the amendment, as intended to strike from the report one of its most important propositions.

A division of the question being called for, the motion to strike out was defeated by the following vote:

Yeas--Messrs. Ambler, Jas. Barbour, Blakey, Boisseau. Borst, Bouldin, Chambliss, Chapman, Conn, Fisher, Graham, Goggin, John Goode, Jr., L. S. Hall, Harvie, Holcombe, Hunton, Isbell, Kent, Kindred, Leake, James B. Mallory, Montague, Morris, Morton, Neblett, Randolph, Richardson, Wm. C. Scott, Seawell, Speed, Strange, Thornton, Robt. H. Turner, F. B. Turner, Tyler, Williams, Wise, Woods, and Wysor.--40.

Nays.--Messrs. Armstrong, Aston, Baldwin, A. M. Barbour, Baylor, Berlin, Blow. Jr., Boggess, Boyd, Brauch, Brent, Brown, Bruce, Burdett, Burley, Byrne, Campbell, Caperton, Carlile, Carter, C. B. Conrad, R. Y. Conrad, Couch, Critcher, Custis, Dent, Deskins, Dorman, Early, Echols, Flournoy, French, Fugate, Garland, Gillesple, Gravely, Gray, A. Hall, C. Hall, E. B. Hall, Hammond, Haymond, Hoge, Holladay, Hubbard, Jackson, Janney, Marmaduke Johnson, Peter C. Johnston, Kilby, Lewis, McComas, McGrew, McNeil, Macfarland, Chas. K. Mallory, Marshall, Marr, Marye, Sr., Maslin, Masters, Moffett, Moore. Nelson, Orrick, Osburn, Parks, Patrick, Pendleton, Porter, Preston, Price, Pugh, Robt, E. Scott, Sharp, Sheffey, Sitlington, Slaughter, Southall, Spurlock, Staples, A. H. H. Stuart, C. J. Stuart, Summers, Sutherlin, Tarr, Tayloe, Waller, White, Whitfield, Wickham, and Willey.--93.

Mr. Blow, of Norfolk, moved to amend the resolution by striking out all after the word ‘"States,"’ (the same indicated by Mr. Macfarland,) and inserting in lieu thereof: ‘"With a view to the peaceable adjustment of these and kindred questions, the people of Virginia hereby express their earnest desire that the Federal authorities, if so empowered, shall recognize the independence of the Confederate States of the South, and make such treaties with them, and pass such laws, as separation (if unavoidable) shall render proper and expedient."’

Mr. Blow urged the necessity of adopting this amendment, and Mr. Wise replied.

Mr. Sheffey, of Smythe, moved to amend the amendment by striking out the words ‘"If so empowered."’

Debated by Mr. Sheffey, and Mr. Scott, of Fauquier.

Pending the consideration of Mr. Sheffey's amendment, on motion of Mr. Montague, the Committee rose, and

On motion of Mr. Staples, the Convention adjourned.

Creative Commons License
This work is licensed under a Creative Commons Attribution-ShareAlike 3.0 United States License.

An XML version of this text is available for download, with the additional restriction that you offer Perseus any modifications you make. Perseus provides credit for all accepted changes, storing new additions in a versioning system.

hide People (automatically extracted)
Sort people alphabetically, as they appear on the page, by frequency
Click on a person to search for him/her in this document.
O. J. Wise (11)
Sheffey (5)
Macfarland (5)
R. Y. Conrad (5)
Samuel M. Price (4)
Moffett Montague (4)
Leake (4)
Staples (3)
Williams (2)
Willey (2)
Wickham (2)
White (2)
Waller (2)
George W. H. Tyler (2)
Robert H. Turner (2)
Thornton (2)
Tayloe (2)
Tarr (2)
Sutherlin (2)
Summers (2)
Chapman J. Stuart (2)
Alex Stuart (2)
Spurlock (2)
Slaughter (2)
Seawell (2)
William C. Scott (2)
E. Scott (2)
Richardson (2)
Thomas J. Randolph (2)
Pugh (2)
Preston (2)
Porter (2)
Pendleton (2)
Patrick (2)
Parks (2)
Osburn (2)
Orrick (2)
Nelson (2)
Neblett (2)
Morton (2)
Morris (2)
James Moore (2)
Moffett (2)
Jonathan McNeil (2)
McGrew (2)
Lewis McComas (2)
Marye (2)
Marshall (2)
Marr (2)
James B. Mallory (2)
Charles K. Mallory (2)
Kent (2)
Peter C. Johnston (2)
Marmaduke Johnson (2)
Janney (2)
Jackson (2)
Isbell (2)
Hunton (2)
Hubbard (2)
Holladay (2)
Holcombe (2)
Moses D. Hoge (2)
Haymond (2)
Harvie (2)
Addison Hall Hammond (2)
L. S. Hall (2)
Eph Hall (2)
Addison Hall (2)
Robert Gray (2)
William F. Graham (2)
John Goode (2)
Goggin (2)
Flournoy Garland (2)
Fugate (2)
French (2)
Flournoy (2)
George D. Fisher (2)
Early (2)
Dorman (2)
Custis (2)
Critcher (2)
Couch (2)
Robert Y. Conrad (2)
C. B. Conrad (2)
Conn (2)
Chapman (2)
Chambliss (2)
Carter (2)
Carlile (2)
Campbell (2)
Burdett (2)
Bruce (2)
John Brown (2)
Brent (2)
Boyd (2)
Bouldin (2)
Borst (2)
Boisseau (2)
Boggess (2)
Blow (2)
Blakey (2)
Baylor (2)
Alfred M. Barbour (2)
Baldwin (2)
Aston (2)
Armstrong (2)
Ambler (2)
Wilson (1)
Richard Whitfield (1)
Franklin P. Turner (1)
F. B. Turner (1)
Southall (1)
Smythe (1)
Robert E. Scott (1)
Robt (1)
D. M. Miller (1)
R. Lewis (1)
Lawson (1)
M. Johnson (1)
Cyrus Hall (1)
Hale (1)
Gillespie (1)
Echos (1)
Echols (1)
Dent (1)
Coffman (1)
Caperton (1)
Byrne (1)
Burley (1)
Branch (1)
Berlin (1)
James Barbour (1)
hide Display Preferences
Greek Display:
Arabic Display:
View by Default:
Browse Bar: