

Evening session.

The Committee re-assembled; and the question recurring upon the fourth resolution, as amended by Mr. Wise, it was adopted with but four dissenting votes.

The fifth resolution was then read, as follows:

5. The sites of the Federal forts, arsenals, &c., within the limits of the States of this Union, were acquired by the Federal Government, and jurisdiction over them ceded by the States, as trusts, for the common purposes of the Union, during its continuance; and upon the separation of the States, such jurisdiction reverts of right to the States, respectively, by which the jurisdiction was ceded. Whilst a State remains in the Union, the legitimate use of such forts, &c., is to protect the country against foreign force, and to aid in suppressing domestic insurrection. To use, or prepare them to be used to intimidate a State, or constrain its free action, is a perversion of the purposes for which they were obtained; they were not intended to be used against the States, in whose limits they are found, in the event of civil war. In a time of profound peace with foreign nations, such as now exists, and when no symptoms of domestic insurrection appear — but whilst irritating questions of the deepest importance are pending the States--to accumulate within the limits of a State, interested in such question, an unusual amount of troops and munitions of war, not required for any legitimate purpose, is unwise, impolitic, and offensive.

Mr. Flournoy, of Halifax, moved to amend by striking out the words ‘"and to aid in suppressing domestic insurrection,"’ thus leaving the declaration simply that the legitimate use of the forts, &c., is to protect the country against foreign force.

Mr. Flournoy briefly advocated the amendment; Mr. Conrad, however, thought it important that the words should be retained, and stated his reasons therefore. Mr. Flournoy replied that he had made the amendment in no captions spirit, and only with a view to place the resolution in such a form as to render its adoption proper. He based his argument upon constitutional grounds.

Mr. Goode, of Bedford, called for the yeas and nays, and the amendment was agreed to by the following vote:

Yeas.--Messrs. Ambler, Aston, James Barbour, Blakey, Boisseau, Borst, Bouldin, Boyd, Branch, Bruce, Cecil, Chapman, Coffman, Conn. Richard H Cox, Echols, Fisher, Flournoy, French, Fugate, Garland, Gillespie, Graham, Gravely, John Goode, Jr., Hale, Addison Hall, Cyrus Hall, L. S. Hall. Harvie, Holcomber Hunton, Isbell, Peter C. Johnston, Kent, Kilby, Kindred, Lawson, Leake, James B. Mallory, Marr, Marye, Sr., Montague, Morris, Morton, Moore, Neblett, Parks, Randolph, Richardson, Seawell, Sheffey, Slaughter, Southall, Speed, Strange, Sutherlin, Tredway, Robert H. Turne, F. P. Turner, Tyler, Waller, Whitfield, Williams, Wilson, Wise, Woods, and Wysor--68.

Nays.--Messrs. Armstrong, Alfred M. Barbour, Baylor, Boggess, Brent, Brown, Burdett, Burloy, Byrne, Campbell, Caperton, Carlile, Carter C. B. Conrad, Robert Y. Conrad, Couch, Critcher, Custis, Deskins, Dorman, Early, Gray, Goggin, Eph'm. B. Hall, Hammond, Haymond, Hoge, Hubbard, Hughes, Jackson, Janney, Marmaduke Johnson, Lewis, McComas, McGrew, NcNeil, Macfarland, Marshall, Masters, Moffett, Nelson, Orrick, Osbourn, Patrick, Pendleton, Porter, Price, Pugh, R. E. Scott, Sharp, Sitlington, Spurlock, Staples, Alex. H. H. Stuart, Chapman J. Stuart, Summers, Tarr, Tayloe, Wickham, and Willey. --61.

Mr. Flournoy then moved to further amend by striking out the words ‘"when no symptoms of domestic insurrection appear, but;"’--at the suggestion of Mr. Wise, however, he withdrew it.

Mr. Speed, of Campbell, moved to amend the resolution by striking out the words, in the last line, ‘"unwise, impolitic and offensive;"’ and inserting the words and ought not to be tolerated by a free people." He afterwards modified it, so as to add the words mentioned, to the resolution, striking out nothing.

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

Yeas.--Messrs. Ambler, Jas. Barbour, Blakey Boisseau, Borst, Bouldin, Branch, Cecil, Chapman, Coffman, Conn, R. H. Cox, Critcher, Echols, Fisher, Graham, John Goode, Jr., Hale, A. Hall, C. Hall, L. S. Hall, Harvie, Holcombe, Hunton, Isbell, Marmaduke Johnson, Kent, Kindred, Lawson, Leake, Macfarland, J. B. Mallory, Marr, Marye, Montague, Morris, Morton, Neblett, Randolph, Richardson, W.C. Scott, Seawell, Sheffey, Speed, Strange, R. H. Turner, F. P. Turner, Tyler, Williams, Wilson, Wise, Woods, and Wysor.--58.

Nays.--Messrs. Armstrong, Aston, A. M. Barbour, Baylor, Berlin, Blow, Boggess, Boyd, Brent, Brown, Bruce, Burdett, Burley, Byrne, Campbell, Caperton, Carlile, Carter, C. B. Conrad, Ro. Y. Conrad, Couch, Custis, Dent, Deskins, Dorman, Early, Flournoy, French, Fugate, Garland, Gillespie, Gravely, Gray, Goggin, E. B. Hall, Hammond, Haymond, Hoge, Hubbard, Hughes, Jackson, Janney, P. C. Johnston, Kilby, Lewis, McComas, McGrew, Marshall, Masters, Moffett, Moore, Nelson, Orrick, Osburn, Parks, Patrick, Pendleton, Porter, Preston, Price, Pugh, R. E. Scott, Sharp, Sitlington, Slaughter, Southall, Spurlock, Staples, A. H. H. Stuart, C. J. Stuart, Summers, Sutherlin, Tarr, Tayloe, Tredway, Waller, White, Whitfield, Wickham, and Willey.--80.

Mr. Brown, of Preston, moved to amend the resolution by striking out the words ‘"during its continuance; and upon the separation of the States,"’ (5th line,) and inserting in lieu thereof the words, ‘"and upon the Federal Government ceasing to execute the trust."’

The amendment was rejected.

Mr. Carlile moved to amend by striking out the whole resolution, and the roll being called, the Committee refused to strike out by the following vote:

Yeas.--Messrs. Brown, Burdett, Burley, Carlile Dent, Early, Hubbard, Hughes, Jackson, Lewis, McGrew, Patrick, Porter, and Tarr.--14.

Nays.--Messrs. Ambler, Armstrong, Aston, Alfred M. Barbour, Jas. Barbour, Baylor, Blakey, Blow, Boggess, Boisseau, Borst, Bouldin, Boyd, Branch, Brent, Bruce, Byrne, Campbell, Caperton, Cecil, Chapman, Coffman, Conn, C. B. Conrad, Robt. Y. Conrad, Couch, Richard H. Cox, Critcher, Custis, Deskins, Dorman, Echols, Fisher, Flournoy, French, Fugate, Garland, Gillespie, Graham, Gravely, Gray, Goggin, John Goode, Hale, Addison Hall, Cyrus Hall, L. S Hall, Hammond, Harvie, Haymond, Hoge, Holcombe, Hull, Hunton, Isbell, Janney, Marmaduke Johnson, Peter C. Johnston, Kent, Kilby, Kindred, Lawson, Leake, McComas, McNeil, Macfarland, James B. Mallory, Marshall, Marr, Marye, Masters, Moffett, Montague, Morris, Morton, Moore, Neblett, Nelson, Orrick, Osburn, Parks, Preston, Price, Pugh, Randolph, Richardson, Robt. E. Scott, Wm. C. Scott, Seawell, Sheffey, Sitlington, Slaughter, Southall, Speed, Spurlock, Staples, Alex'r H. H. Stuart, Chapman J. Stuart, Summers, Sutherlin, Tayloe, Tredway, Robt. H. Turner, Franklin P. Turner, Tyler, Waller, Whitfield, Wickham, Willey, Williams, Wilson, Wise, Woods, and Wysor.--115.

So the resolution was adopted, with Mr. Flournoy's amendment.

Mr. Wilson moved that the Committee rise — negatived.

The sixth resolution was then read:

6. Deeply deploring the present distracted condition of the country, and lamenting the wrongs that have impelled some of the States to cast off obedience to the Federal Government, but sensible of the blessings of Union, and impressed with its importance to the peace, prosperity and progress of the people, we indulge the hope that an adjustment may be reached by which the Union may be preserved in its integrity, and peace, prosperity and fraternal feelings be restored throughout the land.

Mr.Harvie moved to strike out the whole resolution and insert the following substitute:

Resolved, That an ordinance resuming the powers delegated by Virginia, and providing for submitting the same to the qualified voters of the Commonwealth for their adoption or rejection at the polis in the spring elections in May next, should be adopted by this Convention.

Mr. Harvie briefly advocated his substitute.

Mr. Sheffey, of Smythe, in view of the great importance of the subject, and the necessity of deliberation, moved that the Committee rise. Not agreed to.

Mr. Goggin, at this point, moved to amend the substitute by striking out all after the word ‘"Resolved,"’ and inserting the ‘"Ordinance of Secession"’ which he presented on the 17th of March.

[This amendment, being very long, and having been already published in this paper, we do not deem it necessary to insert. It has been somewhat changed from its original form by the mover.]

Mr. Harvie inquired if this proceeding was in order?

The Chairman so considered it.

Mr. Wise appealed to Mr. Goggin to withdraw his amendment, since it was entirely out of place at this time.

Mr. Googin said that he had not fully understood the purport of the substitute offered by the gentleman from Amelia; but having heard it read again, he would withdraw his amendment, with the understanding that he would offer it again on a future occasion.

The Chairman said it could be withdrawn if no member objected.

Mr. Moore objected to its withdrawal. He wanted to have the privilege of voting it down.

The question was then put to the Committee, and Mr. Goggin was granted leave to withdraw his amendment.

Another motion that the Committee rise was voted down.

The question being upon the substitute offered by Mr. Harvie, he demanded the yeas and nays.

Mr. Wise said he was opposed to the substitute, because, as he had often proclaimed, he was opposed to immediate secession, ‘"for secession's sake."’ It was his purpose, at a proper time, to offer a proposition, so framed as to meet the exigencies of the case, which, he thought, would bring back the old Union, or rather, a better Union than the old one, of all the sister States. He believed such a proposition could be successfully presented by Virginia. Notwithstanding his opposition to the substitute, he would vote for it, with a view to open the door for a better proposition.

Mr. Speed, of Campbell, desired to address the Committee, but the Chair ruled him out of order. He would, however, submit his remarks, if no objection was made.

Mr. Carter, of Loudoun, objected. He thought the rules of the Committee should be strictly observed.

Mr. Speed protested against being denied a privilege which had been accorded to the gentleman from Princess Anne.

The roll was then called and Mr. Harvie's substitute rejected by the following vote;

Yeas.--Messrs.Ambler, Jas. Barbour, Blakey, Boisseau, Borst, Bouldin, Branch, Cecil, Chapman, Conn, R. H. Cox, Fisher, Garland, Graham, Goggin, John Goode, Hale, L. S. Hall, Harvie, Holcombe, Hunton, Isbell, Kent, Kindred, Lawson, Leake, James, B. Mallory, Montague, Morris, Morton, Neblett, Randolph, Richardson, Wm. C. Scott, Seawell, Sheffey, Speed, Strange, Robt. H. Turner, Franklin P. Turner, Tyler, Williams, Wise, Woods, and Wysor.--45.

Nays--Messrs. Armstrong, Aston, A. M. Barbour, Baylor, Berlin, Blow, Jr., Boggess, Boyd, Brent, Brown, Bruce, Burdett, Burley, Byrne, Campbell, Caperton, Carlile, Carter, Coffman, C. B. Conrad, R. Y. Conrad, Couch, Critcher, Custis, Dent, Deskins, Dorman, Early, Echols, Flournoy, French, Fugate, Gillespie, Gravely, Gray, Addison Hall, Cyrus Hall, Ephraim B. Hall, Hammond, Haymond, Hoge, Hubbard, Hughes, Jackson, Janney, Marmaduke Johnson, Peter C. Johnston, Kilby, Lewis, McComas, McGrew, McNeil, Macfarland, Marshall, Marr, Marye, Maslin, Masters, Moffett, Moore, Nelson, Orrick, Osburn, Parks, Patrick, Pendleton, Porter, Preston, Price, Pugh, Rives, R. E. Scott, Sharp, Sitlington, Slaughter, Southall, Spurlock, Staples, A. H. Stuart, C. J. Stuart, Summers, Sutherlin, Tarr, Tayloe, Tredway, Waller, Whitfield, Wickham, Willey, and Wilson.--90.

Pending the call of the roll, several members announced that they had paired off — among others, Mr. Thornton, who had paired off with Mr. Cox, of Chesterfield. He regretted that he had done so, for he would have voted for the substitute.

Mr. Branch, of Petersburg, when his name was called, wished to give a reason for his vote, but was ruled out of order.

Mr. Scott, of Powhatan, after the conclusion of the call, said he voted ‘"aye,"’ in accordance with the will of his constituents, but against his own convictions.

The question being upon the adoption of the resolution, Mr. Critcher, of Westmoreland, offered an amendment; but, at this point, Mr. Patrick moved that the Committee rise, which was agreed to.


In Convention.

Mr. Hull, of Highland, offered a resolution, that in the event of the adjournment of the Legislature to-day, the Convention will meet to-morrow in the Hall of the House of Delegates; and that the services of the Assistant Doorkeeper be dispensed with. It was, however, modified, by simply resolving to meet in the Hall of the House of Delegates on Monday next, and in that form passed.

Mr. Willey's resolutions on taxation came up in their order, and Mr. Carlile called for a vote thereupon; Mr. Stuart, of Doddridge, having yielded the floor for that purpose.

Mr. Turner, of Jackson, offered, as a substitute, the resolutions on the same subject which he submitted early in the session.

Mr. Seawell, of Gloucester, offered the following as a substitute for Mr. Turner's substitute:

That a committee of thirteen be appointed to inquire into and report to an adjourned meeting of this Convention, whether any, and if any, what alterations of sections 22 and 23 of Article 4 of the Constitution of the Commonwealth are proper to be made at this time.

Pending the consideration of the subject.

On motion of Mr. Tredway, the Convention adjourned.


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