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Virginia State Convention.
forty-fifth day.

Saturday, April 6, 1861.

The Convention was called to order at 10 o'clock.

Mr. Bouldin presented the proceedings of a meeting in the county of Charlotte, embodying resolutions in favor of immediate secession. Mr. Bouldin, in a brief speech, paid a tribute to the intelligence and gallantry of his constituents, after which, on his motion, the resolutions were referred to the Committee on Federal Relations.

Mr. Chambliss presented two petitions--one from the people of Norfolk county, and one from the people of Portsmouth — in favor of immediate secession; on signed by 526 voters, and the other by 328.

Mr. Holladay said he was a ware that no personal disrespect was intended to his colleague or himself, in sending the memorials to the gentleman from Greensville for presentation. It was done, he presumed, because that gentleman was a fairer exponent of the principles enunciated. He would say, further, that the signers of the memorials constituted a small minority of the voters of Norfolk county.

Referred to the Committee on Federal Relations.

Mr. Johnson, of Richmond, presented a petition for an ordinance of secession, signed by 1,530 ‘"subscribers;"’ he would not say ‘"voters,"’ for he was not a ware that such was the fact. Inasmuch as he knew it was the purpose of some of the subscribers to this memorial that it should operate some what in the shape of instructions to himself and his colleague, Mr. Macfarland, (Mr. Raudolph being considered all right,) he desired to make a brief statement. The paper was signed by many of the most sterling and substantial citizens of Richmond — his personal friends — from whom, however, he widely differed on the questions of the day. This movement had been in progress since about the time the Convention met. The memorial had been circulated, he believed, in every locality of the city, for the purpose of swelling the number of subscribers. For the purpose of showing how many agents were employed, he would state that there were in this document 53 pieces of paper, pasted together; and very many of the names were in the same hand-writing. He supposed that there were at least 4,500 voters in the city of Richmond, judging from the number of votes cast in the last Presidential election; therefore, after all these active efforts, the number of subscribers to the paper amounted to about one-third of the whole number of voters. He was, moreover, authorized to say, that some of the signers were not legal voters — some were nonresidents, and some under 21 years of age.--He would say that the gentlemen engaged in getting up the memorial were men of highly respectable character.

Mr. Macfarland desired to present, in connection with the foregoing, a resolution adopted by a very large meeting of the citizens of Richmond, at the African Church, as follows:

Resolved, As the sense of this meeting, that when Messrs. Johnson and Masfarland were elected by the Conservative men of Richmond, they were voted for as Conservative men. We therefore request them not to heed any paper purporting to be instructions, signed by those who voted against them.

’ The papers were referred to the Committee on Federal Relations.

Committee of the whole.

The Convention then went into Committee of the Whole, (Mr. Southall in the chair,) for the purpose of considering the report of the Committee on Federal Relations.

The Chairman stated that when the Committee arose yesterday evening, it had under consideration the 9th resolution. The gentleman from Norfolk city (Mr. Blow) had moved to amend the resolution by striking out all after the word ‘"States,"’ 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." The gentleman from Smy the (Mr. Sheffey) had moved to amend the amendment by striking out the words ‘"if so empowered,"’ which was the question now pending.

Mr. Sheffry, being entitled to the floor, advocated his amendment.

Mr. Blow replied, declining to accept it, and arguing briefly in favor of his own.

The vote was then taken on Mr. Sheffey's amendment, and it was rejected — yeas 64, nays 72.

Mr. Blow's amendment was then voted down, viva voce.

Mr. Bouldin moved to strike out the entire 8th resolution, and to insert in lieu thereof the following:

‘ The States of South Carolina, Georgia, Florida Mississippi, Alabama, Louisiana, and Texas, having withdrawn from their association with the other States of the Union under the Federal Government, and united in a separate Confederacy, the State of Virginia is of opinion, and here-by declares that the separate independence of the seceded States ought to be acknowledged without further delay, and that such treaties should be made with them, and such laws passed, as the separation may make proper.

Mr. Bouldin explained his substitute, arguing upon the positions therein assumed.--It was his purpose, if adopted, to follow it up with a motion to strike out the 10th resolution.

Mr. Conrad, of Frederick, opposed the substitute, and took issue with the mover in respect to the power of the Federal authorities to deal with the question. He designed to move an amendment to the 10th resolution, making the declaration unequivocal that the Government had no such power.

Mr. Bouldin reviewed the argument of the gentleman from Frederick, which he considered as showing in itself sufficient reasons why the substitute should be adopted.

The vote was then taken, and the Committee refused to strike out by the following vote:

’ ‘ Yeas.--Messrs. Ambler, Jas. Barbour, Blakey, Blow, Bolssean, Borst, Bouldin, Branch, Bruce, Cecil, Chambliss, Chapman, Coffman, Conn, Jas. H. Cox, Echois, Fisher, Flourney, Garland, Graham, Gregory, Goggin, John Goode, Jr., Hale, Addison Hall, Cyrus Hall, L. S. Hall, Harvie, Holcombe, Hunton, Isbell, Kent, Kilby, Kindred, Lawson, Leake, Macfarland, Charles K Mallory, Jas. B. Mallory, Marr, Marye, Mirler, Montague, Morris, Morton, Neblett, Parks, Randolp , Richardson, Wm. C. Seott, Seawell, Shefley, Slaughter, Southall, Speed, Staples, Strauge, Sutherlin, Thoraton, Tredway, Robt. H. Turner, Franklin P. Turner, Tyler, Waller, Williams, Wilson, Wise, and Wysor.--68.

Nays.--Messrs. Armetrong, Aston, Baldwin, Alfred M. Barbour. Baylor, Berlin, Bogges, Boyd, Brent, Brown, Burdett, Burley, Byrne, Campbell, Caperton, Carlile, Carter, C. D. Conrad, Robert Y. Conrad, Couch, Critcher, Custis, Dent, Deskins, Early, French, Fugate, Gillespie, Gravely, Gray, Eph. B. Hall, Hammond, Haymond, Hoge, Holladay, Hubbard, Hughes, Jackson, Janney, Marinaduke Johnson, Peter C. Johnston, Lewis, McComas, McGrew, McNeil, Marshall, Maslin, Masters, Moffett, Moore, Nelson, Osburn, Patrick, Pendleton, Porter, Preston, Price, Pugh, Rives, Robert E. Scott, Sharp, Sitlington, Spurlock, Alex. H. H. Stuart, Chap'n. J. Stuart, Summers, Tarr, Tayloe, White, Wickham, and Willey.--71.

Mr. Wise then moved to amend the resolution by striking out the words at the end thereof--‘"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"’--and inserting in lieu thereof the following:

’ ‘ "Are bound to forbear the exercise of powers touching these questions, until pending difficulties are adjusted."

Mr. Wise urged the adoption of this amendment, and took the ground that the proposition of the Committee was the cat in the meal tub, for it looked to the calling of a National Convention.

Mr. Scott, of Fauquier, opposed the amendment, and Mr. Wise replied.

Mr. Scott, of Powhatan, moved to amend the amendment by striking out the words ‘"are bound to,"’ and insert the word "should."

Mr. Wise accepted the amendment, which then read, "should forbear the exercise of powers touching these questions until pending difficulties are adjusted."

The vote was taken by a division of the Committee, and Mr. Wise's amendment was rejected — yeas 49, nays 76.

Mr. Garland, of Amherst, moved to amend the 9th resolution by striking out, in the third line, the words "without the assent of the other States,"

Mr. Garland briefly stated his objections to the words which he had moved to strike out.

The amendment was then rejected — yeas 54, nays 80.

Mr. Fisher, of Northampton, moved to amend the 9th resolution by inserting after the word "authorities," in the tenth line, the words "as they were constituted when this section was adopted,"

Debated by Mr. Fisher in favor, and Mr. Conrad in opposition.

The amendment was then rejected.

The question recurring upon the resolution as amended, it was adopted by the following vote:

‘ Yeas--Messrs. Armstrong, Aston, Baldwin, Alfred M. Barbour, Baylor, Berilu, Blow, Boyd, Brent, Brown, Burdett, Burley, Byrne, Campbell, Caperton, Carler, Chapman, Coffman, C. B. Conrad, Robert Y. Conrad, Conch, Critcher, Custis, Deut, Deskins, Early, Echols, Flournoy, French, Fugate, Garland, Gillesple, Gravely, Goggin, Hal , Addison Hall, Ephralm B. Hall, L. B. Hall, Hammond, Maymond, Hoge, Holladay, Hubbard, Hughes, Jackson, Janney, Marmaduke Johnson,

P. C. Johnston, Kilby, Lewis, MComas, McGrew, McNeil, Charles K. Mallery, James B. Mellory, Marshall, Marr, Marye, Maslin, Mastera, Noffeft, Moore, Nelson, Orrick, Orburn, Parks, Patrick, Pondleton, Porter, Preston, Price, Pugh, Rives, Robert E. Scott, Sharp, Sheffey, Sitlington, Slaughter, Southall, Spurfeck, Staples, Alex. H, H Stuart, Chapman J. Stuart, Strange, Summers, Sutherlin, Tarr, Tayice, Wailer, White, Wickham, Willey, and Wilson.--92

Nays.--Messrs. Ambler, Blakey, Boissean, Borst, Bouldin, Branch, Cecil, Chamblise, Conn, R. H. Cox, Fisher, Graham, Gregory, John Goode, Jr. Harvie, Holcombe, Runten, Isbell, Kent, Kindred, Leake, Macfarland, Miller, Montague, Morris, Morton, Randolph, Richardson, William C. Scott, Seawell. Speed, Thornton, R. H. Turner, Tyler. Wise, Woods, and Wysor--87.

’ The following is the resolution as adopted:

‘ . The withdrawal from the Federal Government of the States of South Carolinas, Georgia, Florida, Mississippi, Alabama, Louisiana and Texas, without the assent of the other States, has gives 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.

’ On motion of Mr. Perston, the Committee referred back to the 8th resolution, which was read by the Secretary, as follows:

‘ The people of Vir recognize the American principle, that 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 deral power, which is in part their power, shall be exerted for the purpose of subjugating the people of such States to the Federal authority.

Mr. Carlile moved to amend by striking out all after the word ‘"and,"’ in the 3d line, and insert in lieu thereof the following:

‘ -- ‘"in the language of Virginia's illustrious statesman, James Madison, whom the people of Virginia have been taught to venerate and revere as the wisest, safest and truest expounder of the Constitution which he so largely contributed to construct, That that instrument"’ makes the Government to operate directly on the people; places at its command the needful physical means of executing its powers, and finally proclaims its supremacy, and that of the laws made in pursuance of it, over the Constitution and laws of the States, and subject to the revolutionary rights of the people in extreme cases; that a political system dose not provide for a peaceable and authoritative termination of existing controversies would not be more than the shadow of a Government, the object and end of a real Government being the substitution of law and order for uncertainty, confusion and violence; that in the event of a failure of every constitutional resort, and an accumulation of usurpations and abuses, rendering passive obedience and non-resistance a greater evil than resistance and revolution, there can remain but one resort — the last of all — an appeal from the cancelled obligations of the constitutional compact to the original rights and the law of self-preservation. This is the ultima ratio of all Governments whether consolidated, confederated, or a compound of both. It can not be donated that a single member of the Union, in the extremity supposed, but in that only, would have the right, as an ultra and constitutional right, to make the appeal."

Mr. Carlile, in urging the adoption of this amendment, said it was the embodiment of one of the resolutions offered on the 16th of March, by the gentleman from Marshall, (Mr. Burley.) He contended that the resolution reported by the Committee proclaimed a political heresy. Mr. Carlile opposed the right of peaceable secession, out and out.

Mr. Wise replied, giving the mover of the amendment a pretty severe raking. He maintained that the resolution, as reported, or something declaring the same sentiments, should be adopted by the Convention.

Mr. Carlile expressed his surprise at the argument of the gentleman from Princess Anne; for in identifying him (Mr. Carlile) with leaders of the Black Republican party, he also identified the author of the sentiment, James Madison.

M. Wise, (sotto voce.)--No, sir. I've heard the devil quote Scripture before.

Mr. Carlile proceeded, without noticing the compliment, (which was not intended for him,) and finished his argument.

The vote was then taken on the motion to strike out, and resulted as follows:

‘ Yeas.--Messrs. Baldwin, Baylor, Berlin, Boggess, Burdett, Burley, Campbell. Carlile, Early, Ephraim B. Hall, Hubbard, Hughes, Jackson, Lewis, McGrew. Masters, Moore, Porter, Wm. C. Scott, Sharp, Alexander H. H. Stuart, and Tarr.--22.

Nays,--Messrs. Ambler, Armstrong, Aston, Alfred M. Barbour, James Barbour, Blakey, Blow, Boissean, Borst, Bouldin, Boyd, Brent, Brown, Bruce, Byrne, Caperton, Cecil, Chambliss, Chapman, Cofiman. Coun, C. B. Cenrad, Robert Y. Conrad, Couch, Richard H. Cox, Critcher, Custis, Deskins, Dorman, Echols, Fisher, Flournoy, French, Fugate, Garland, Gillespie, Graham, Gravely, Gray, Gregory, Goggin, John Goode, Jr., Hale, Addison Hall, Cyrus Hall, L. S. Hall, Hammond, Harvie, Haymond, Hoge, Holcombe, Holladay, Hull, Hunton, Isbell, Janney, Marm dake Johnson, Peter C. Johnston, Kent, Kilby, Kindred, Lawson, Leake, McComas, McNeil. Macfarland, Charles K. Mallory, James B. Mallory, Marshall, Marr, Marye, Maslin, Miller, Moffett, Montague, Morris, Morton, Neblett, Nelson, Orrick, Osburn, Parks, Patrick, Pendleton, Preston, Price, Pugh, Raudolph, Richardson, Robert E. Scott, Seawell, Sheffey, Sitlington, Slaughter, Southall, Speed, Spurlock, Staples, Chapman J. Stuart, Strange, Summers, Sutherlin, Tayloe, Thornton, Robert H. Turner, Franklin P. Turner, Tyler, Waller, Wickham, Willey, Wilson, Wise, Woods, and Wysor.--114.

So the committee refused to strike out.

Mr. Baylor, of Augusta, moved to amend the 8th resolution by inserting after the word ‘"principle"’ (2d line) the words ‘"as established by the American Revolution."’

The proposed amendment was briefly debated by Messrs. Baylor and Wise, and rejected — yeas 24, nays 101.

Mr. Early, of Franklin, moved to amend the 8th resolution, by striking out all, commencing with the word ‘"several,"’ (4th line,) and inserting ‘"United States to resume the powers granted under the Federal Constitution, whensoever the same shall be perverted to their injury or oppression."’

The amendment was rejected by the following vote:

’ ‘ Yeas--Messrs. Aston, Baldwin, Baylor, Berlin, Boggess, Brown, Burdett, Burley, Byrue, Campbell, Carlile, Carter, Couch, Custis, Dent, Early, E. B. Hall, Hubbard, Hughes, Jackson, Lewis, McGrew, Masters, Moore, Osburn, Patrick, Porter, W. C. Scott, Sharp, A. H. H. Stuart, C. J. Stuart, Summers, Tarr, and Willey.--24.

Nays.--Messrs. Ambler, Armstrong, A. M. Barbonr, Blakey, Blow, Boissean, Borst, Bouldin, Boyd, Branch, Brent, Bruce, Cecil, Chambliss, Coffman, Conn, C. B. Conrad, R. Y. Conrad, R. H. Cox, Critcher, Deskins, Dorman, Echols, Fisher, Flournoy, French, Fugate, Garland, Gillespie, Graham, Gravely, Gray, Gregory, Goggin, Jno. Goods, Jr., Hale, A. Hall, C. Hall, L. S. Hall, Hammond, Harvle, Haymond, Hoge, Holcombe, Holladay, Hunton, Isbell, Janney, M. Johnson, P. C. Johnston, Kent, Kilby, Kindred, Lawson, Leake, McComas, McNeil, Macfarland, C. K. Maliory, Marshall, Marr, Marye, Maslin, Miller, Moffett, Montague, Morris, Morton, Neblett, Neison, Orrick, Parks, Preston, Price, Pugh, Randolph, Richardson, R. E. Scott, Seawell, Sheffey, Stitlington, Slaughter, Speed, Spurlock, Staples, Strange, Sutherlin, Tayloe, Thornton, R. H. Turner, F. P. Turner, Tyler, Waller, Wickham, Wilson, Wise, Woods, and Wysor.--98.

Pending the consideration of the 8th resolution, the hour for recess arrived.

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