The Daily Dispatch: January 10, 1861., [Electronic resource]

House of Delegates.

Prayer by Rev. J. A. Duncan, of the Broad street M. E. Church — a most impressive invocation to the Throne of Grace.

Condition of Public Affairs.--A message was received from the Clerk of the Senate that body had agreed to a resolution for the appointment of a joint committee to consider what measures should be adopted by the General Assembly of Virginia on the present condition of affairs.

The joint resolution was adopted, and time taken by the Speaker to appoint House committee.

Bills Reported.--The following bills were reported from committees; A bill to amend the charter of the Winchester and Potomac Railroad Company; a bill making an appropriation for improving the Wilderness Road, in Greenbrier and Nicholas counties; a bill to change the eastern terminus of the Slavins Cabin and Summersville Turnpike; a bill for the construction of a branch of the Central Railroad to Lexington; a bill to amend the 4th section of an act incorporating the Jefferson Insurance Company of Albemarle; a bill to provide for electing members of a Convention and to convene the same.

The Committees.--The Speaker called over the committees in order, and afterwards assigned the following positions to new members: Mr. Staples, Committee of Courts of Justice; Messrs. Crump and Burke, Committee on Military Affairs; Mr. Sherrard, Committee of Claims; Mr. Wood, Committee, of Finance; Messrs. Morgan and Preston, Committee on Armory; Mr Nelson, Committee on Library; Mr. Booker, Committee on Lunatic Asylums; Messrs. Stanins and Jett, Committee on Privileges and Elections; Mr. Booker, Committee on Auditor's Office, Mr. Nelson, Committee on Clerk's Office; Mr. Jett, Committee oh Second Auditor's Office.

The Convention Bill.--The bill "to provide for electing members of a Convention, and to convene the same," being on its first reading, Mr. Kemper moved that the bill be read a second time, in order that it might be open to amendment — remarking that he did not himself approve of all of its provisions, and desired to offer some amendments.

Mr. Collier said he thought the bill should not be read the second time the same day, but pass over under the rules, like other bills.

Mr. Myers said that he had not intended to participate in this debate, but that he must protest against the objection which had more than once been interposed by his esteemed friend from Madison, whenever the least delay was asked for consideration of the great questions before this body; namely, that the importance of the measures, and the circumstances by which we are surrounded, would brook no delay. Mr. Myers said that the strongest argument to his mind in favor of deliberation, was the very importance of the questions presented to us. He had as yet had no opportunity to read the bill. It had not been in its printed form laid upon the desks of members until the Clerk had nearly finished the first reading of it. He did not ask for useless delay; but, acting as he was under the sanction of an oath faithfully to perform his duty, he did ask for a little time to ascertain what that duty was. He would, humble as lie was, it no other member did it, offer some amendments to the bill, if time were given him to do so. No man entered into a transaction for the purchase of a horse, or of a foot of ground, without consideration, and yet we are asked to inaugurate measures to change the organic law, and to pass upon the most momentous questions without a chance being afforded us even to think for a day. He, for one, protested against any such action.

Mr. Segar moved to lay the bill on the table until to-morrow, and urged as a reason for asking the delay, that a grave question had arisen in his mind as to the constitutionality of the bill, as at present framed. His attention had been called to the point but the night before, and he had considered it with all the care allowed by the precipitation which seemed to have found its way into our halls of legislation, and by those causes of excitement which had disturbed the operations of his own judgment, as doubtless they had the minds of all considerate people. He pledged himself to the House that he designed no factious opposition to the bill — he would support it, if he could — but he had not been able to bring his mind to a conclusion on the constitutional question invoiced, though he strongly inclined to the opinion that the ordinary Legislature has no power to order, unconditionally, a Convention of the people. The call of a Convention was an set of sovereign power, to be performed by the people, only, and the act of Assembly, prescribing the mere forms of holding the Convention, should submit to the direct vote of the people the question of "Convention or no Convention." In other words, the people should themselves decide, as a preliminary thing, whether there shall be a Convention or not. They, not the Legislature, should decide that point. At all events, he wished time to examine the grave question involved, and if he could satisfy himself in regard to it, he would cheerfully support the bill; or, if the bill itself should be so amended as to require the vote to be put to the people, of "Convention," or "no Convention," the amendment would remove the constitutional objection, and allow him to give his vote for the bill.--For Heaven's sake, said Mr. S., give us a little time--one short day's time, at least, to ponder upon the great questions — the most important ever presented to the reflection of American freemen — questions that involve the very life of our glorious institutions. Give us, I beg, one brief day's pause for thinking on these thrilling matters. He lamented, as a man, as a Virginian, as an American, that the policy of precipitation which had begun else where, and which threatened to shiver into fragments our glorious institutions, and to spread ruin and desolation throughout our once happy land, had come within the limits of this staid and sober Commonwealth, and had invaded even the halls of her Legislature. But he trusted that we would act with caution and deliberation, and by that caution and deliberation give to the action of the Old Dominion all that moral weight which had always attended her counsels, when calmly and dispassionately given. At all events, he hoped for one day's delay, for the reason stated.

Dr. Rives said the only amendment necessary to the bill, in his opinion, was to shorten the time within which it was proposed to hold the Convention. He said the country was disrupted, and that the signs of the times impressed on them the necessity of speedy action. Delays are dangerous.

Mr. Mallory, of Brunswick, said he had been unanimously instructed by his constituents to vote for a Convention. The time fixed in the bill for its assembling was February 7th. Any shorter time lessened the period within which the people would have to canvass the merits of candidates.

Mr. Dickinson was waiting for instructions from his constituents. He wished the action of the House to be deliberate, not hasty. He wanted time.

Mr. Segar withdrew his motion to lay on the table, with the leave of the House.

Mr. Anderson debated the motion of the gentleman from Madison, sustaining his motion for a second reading of the bill.

Mr. Haymond.--I see no objection to the bill laying on the table and coming up in the usual order.

Mr. Wilson, of Isle of Wight, said: The vote on this bill is sought to be delayed, and we are gravely told we are not in revolutions. We are to day standing in the midst of a Revolution, as yet bloodless; but it is not in the power or the wisdom of man to determine what are the fearful issues which are to spring out of it. We are standing to-day, amid the falling columns and broken arches of the mightiest and proudest temple ever reared to the genius of Liberty. The vandalism of fanaticism has polluted its altars, the spirit of Liberty has taken its flight, and "Ichabod" is written on its door-posts. The Union of these States is already dissolved, and each integral portion, each unit is withdrawing from and re-uniting themselves with the powers with which they have invested this multiple, the United States.--Great events are on the wing, and Virginia is called upon to say what part or lot she will take in this matter. Will she act; or, will she wait until others have acted? Is she resolved upon doing what others have resolved to do? Will she be longer bound to broken covenants and violated compacts, with those of Punic — worse than Punic — Puritan faith; or will she, as the judge of both the mode and measure of her redress, take her cause in her own hands, relying upon God and her arms.

This is no time for inaction. This is no time for delay. Delays are dangerous, and it becomes Virginia, with a due regard for her own safety, as well as her honor, that she should act at once. New is the acceptable time; now is the day of Virginia's salvation!

As Constitutions are above all laws, so the people are above all Constitutions, whether State or Federal, and it is the right as well as the duty of every people to after, amend or annul their Constitutions, and Governments whenever they become burdensome or oppressive. This is a principle as ancient as self-government itself.

The nature of the compact to which the several States acceded, implies the right to secede when the conditions and obligations upon which it was made have been violated by the other parties to it. But I have no disposition to discuss this question here now. I am for action — action — immediate and decisive.

I cannot, Mr. Speaker, sing pœans to an Union that is dead. While it did indeed exist, it was an Union of wrong, of injustice, of insult and oppression. It was born with the seeds of disease. It has sustained itself a body of political corruption and putrefying sores, having the form of Union, while the essence was dead. It stinks in the nostrils of men, and it is high time Virginia had freed herself from the body of this death.

Mr. Woolfolk called for the previous question; which, being ordered by the House, the Speaker put the main question, on which the ayes and nays were called by Mr. Kemper.--The voting resulted for second reading — ayes 108, nays 30.

The bill was then read by sections.

Mr. Jones, of Appomattox, submitted a motion to change the time to 31st January.

Mr. Robertson, of R, favored the time (7th February) in the bill as reported from committee.

Mr. Haymond said he lived only 18 miles from Pennsylvania. He was not afraid of the Black Republicans. He was opposed to shortening the time for holding the Convention.

Mr. Alderson, from Webster and Nicholas, said his people did not take the Richmond papers, and if the 31st of January was fixed upon as the time for holding the Convention, he would move that the Governor be requested to send special messengers to his people to inform them what they were expected to do.

Mr. Kemper again impressed on the House the necessity of the Convention being held at an early a day as possible.

Mr. A. Knotts advocated February 7th, as the time of holding the Convention.

Mr. Chapman, of Monroe, thought if we are to have a Convention we had just as well have it speedily.

Mr. Crane made a strong Union speech — explained his own position and that of his constituents — they were Virginians, but Union men also. He was under the impression that, carried away by the feeling of the hour, he had already given several votes which his judgment could not approve.

Mr. McDowell called for the previous question; but was induced to withdraw the motion at the suggestion of--

Mr. Robertson, of Richmond, who made a personal explanation. He said, a remark that fell from the gentleman near him (Mr. Kemper) demanded a word of reply, lest his silence might seem to admit its justice. I appeal, said Mr. K., to this whole House, to every member, whether, in his whole public service on this floor, he ever presented in a single instance in connection with the class of questions we are considering advanced a proposition, or gave a vote, that invited or was founded on party lines. If there was any thing he had constantly and earnestly deprecated, it was drawing such lines on questions of this nature; if there was anything he had constantly sought, it was the effacing of all references to such differences where the honor and interests of Virginia in her relation to other States were involved. He doubted if another gentleman on the floor, except the distinguished gentleman near him, had for a moment construed the remark on which he had commented in the sense which he had seemed to understand it. It was hardly necessary to say it was an interpretation wholly unwarranted by his purpose, or, as he thought, by his language. It imported the simple fact, not disparaging — not peculiar — natural to all us — by none more frequently or painfully realized than by himself — that party defeat, where we thought great and vital interests, and the success of those we supported were involved, did occasion a natural smarting and excitement under the disappointment. There was nothing less thought of by him, than drawing party lines or exciting party feelings, and he had not thought he could have been so misunderstood, till he found the gentleman near him had so interpreted him.

The House, by a vote of ayes and nays, changed the time of holding the Convention from the 7th of February to the 4th of that month.

The first section of the bill, as amended, was then read, as follows:

‘ Be it enacted by the General Assembly, That it shall be the duty of the officers who were appointed to conduct elections for county officers in May last, at the places established for holding elections for members of the General Assembly, to open polls to ascertain the sense of he people of the Commonwealth whether there shall be a Convention to consider and propose such measures as may be expedient for this Commonwealth to adopt in the present crisis of State and National affairs, and to elect delegates to such Convention. The said election shall be held on the 4th day of February, in the year 1861.

’ The question being on its adoption, as amended, Mr. Collier, of Petersburg, offered the following as a substitute:

‘ Be it enacted by the General Assembly, That it shall be the due, of the officers who were appointed to conduct elections for county officers in May last, at the places established for holding elections for members of the General Assembly, to open polls to ascertain the sense of the people of the Commonwealth whether there shall be a Convention to consider and propose such measures as may be expedient for this Commonwealth to adopt in the present crisis of State and National affairs, and to elect delegates to such Convention. The said election shall be held on the 4th day of February, in the rear 1861.

’ The substitute was advocated by Messrs. Collier and Martin of Henry, and opposed by Mr. Rutherford, and defeated by a decisively.

The House adjourned.