General Assembly of Virginia.
[extra session.]
Senate. Richmond, Jan. 7, 1861.
The Senate assembled to-day, in the Senate Chamber, at 12 o'clock.
In the absence of Lieut. Gov. Montague, the Senate was called to order by Mr. Day, on whose motion Mr. Johnson, of Bedford, was called to the Chair.
The roll was called, and twenty-eight Senators responded to their names.
A quorum being present, the President pro tem announced the fact, and stated that the Senate would proceed to business.
The proclamation of the Governor, convening the General Assembly, was then read by the Clerk.
Governor's Message.
On motion of Mr. Douglas, a committee was appointed to wait upon the Governor, and inform him that the Senate was in session, and ready to receive any communication that he might have to submit. Committee--Messrs. Douglas, Thompson and Rives. The committee discharged the duty assigned to them, and reported that the Governor would send in a communication in a short time. The Message was soon after communicated and read, where upon, on motion, the same was laid upon the table and ordered to be printed.Coercion Denounced.
After the Message was disposed of, Mr. Douglas arose and offered the following joint resolutions, which, under the rules, were laid over: Resolved by the General Assembly of Virginia, Inst., in the judgement of this General Assembly, the use of force by the Federal Government, by land or sea, directly or indirectly, for the purpose of maintaining Union among the States of our Confederacy, would of itself be destructive of the true spirit of the federative system, subversive of the end for which it was constructed, and revolutionary in an its natural and inevitable results. Resolved, That when any of these States, in the orderly exercise of its sovereign will, shall separate itself from the rest, and resuming the powers heretofore delegated to the Federal Government, at the same time renounces the benefits and obligations of the same, Virginia will not consent that the State so separating itself shall be coerced into re-union, either by the exercise of the war power directly against such State, or by the use of military force against the individual citizens thereof. Resolved, That Virginia ought to, and will resist all attempts by the Federal Government thus to overthrow and destroy the Union, and will regard any forcible measures taken against any of the constituent members, who shall have dissolve their connection with it, as dangerous to her freedom and security, and demanding the most active preparations for defence.Military affairs.
On motion of Mr. Thompson, the Committee of Military Affairs was instructed to report a plan for putting the State in the best possible condition of defence. On motion of Mr. Wickham, the same committee was instructed to inquire into the expediency of making additional appropriations for the military defences of the State.Federal relations.
Mr. Thomas offered the following, which, on motion of Mr. Douglas was laid upon the table: Resolved, That so much of the Governor's message as relates to our Federal Relations, be referred to a Select Committee of fifteen, to be chosen from the fifteen Electoral districts of the State, by the Senate. After resolutions of respect to the memories of Fred. W. Coleman and Alex. Jones Senators, who have died since the last session, were adopted-- The Senate adjourned.House of Delegates.
Richmond, Jan. 7th, 1861.
Twelve o'clock, the hour named in the proclamation of the Governor, having arrived, Speaker Crutchfield called the House to order.
Prayer.
Prayer by Rev. J. A. Duncan, of the Broad street M. E. Church, as follows: ‘ "Almighty and everlasting God. our Heavenly Father, we would acknowledge Thee in all the assemblies of our people; and especially when we meet in the responsible and important capacity of a Legislature, as we do this day, would we earnestly invoke. The presence and blessing. We invoke Thy mercy upon us as sinful beings, unworthy of the least of all Thy blessings. May the spirit of truth counsel and guide us in the important deliberations for which we meet this day. It is meet that we give thanks until Thee. Almighty Father, for all Thy blessings. We thank Thee for the measure of health and strength which through Thy mercy, permits the officers and members of this body to assemble. And now, O Lord in this, our time of great trouble, we look to Thee. Thou hast taught us to regard Thee as the 'Father of Lights' from whom cometh every good and perfect gift. Thou hast declared. 'If any man lack wisdom, let him ask of God, who giveth to all liberally, and unbraideth not. ' Thou hast taught us that' It is better to put our trust in the Lord than to put confidence in man — it is better to trust in the Lord than to put confidence in princes.' We plead these promises, O Lord, at this hour. Leave us not to ourselves. Be Thou our counsellor — our friend — our God. We presume not to decide what is wise, but reverently and numbly place all our interests in Thy hands, and commit all our affairs to Thy merciful protection and guidance — O Lord, we hope in Thee through our Lord and Saviour, Jesus Christ Amen.' ’ The Speaker delivered a brief address to the House. He said that, in resuming the station which the partiality of his colleagues had assigned him, he labored under a feeling of depression and gloom when he contemplated the state of public affairs, and that he had met them at more auspicious moments. He alluded to the death of certain members of the House, the appearance of new faces in the Hall, and paid a feeling tribute, not only to the memories of the deceased members of his own House, but to those of Senators Alex. Jones, of Chesterfield, and F. W. Coleman, of Caroline and Spottsylvania. He said the Legislature had met under circumstances the like of which had never been seen before. No Legislature since the foundation of the Government had met under such peculiar circumstances. He would do no more now than to say that the eyes of the Union are fixed on Virginia. He hoped she would always maintain her commanding position, whether in or out of the Union. To do this she must act calmly, wisely and well. He had been asked how long the Legislature would be in session. He could not say; but thought that it should continue so till after the 4th of March. He would have the Legislature ready, so that should a necessity arise, it would be in place to apply the first match. He alluded to the Governor's proclamation — the contract for the sale of the James River and Kanawha Canal Company, and spoke favorably of the sale. In alluding to the Banks, he said they would occupy much time. There was not a citizen in the Commonwealth that objected to the course they had pursued, (alluding to their suspending.) We must relieve them and put them on a firm basis. He trusted that ordinary and unimportant legislation would be let alone, and especially that no money would be voted away, unless for objects of absolute necessity. The proclamation of the Governor, calling the Legislature together, was then read by the Clerk, Wm. F. Gordon. Esq. Mr. Haymond, of Marion, moved that a committee of three be appointed to await on the Governor and inform him that the House was in session and ready to receive any Message or other communication from him. The motion prevailing, Messrs. Haymond of Marion, Read of Rockbridge, and Tomlin of King William, were appointed said committee. --Shortly afterwards, Mr. Haymond reported the Message, which the Clerk commenced reading from his desk. All of the same having reference to State and Federal affairs having been read, a motion prevailed that its further reading be dispensed with. On motion of Mr. Hopkins, of Washington, it was laid on the table. He moved that the usual number of copies be printed. Mr. Borman moved, as an amendment, that 1,500 copies of the Message be printed. Mr. Duckwall hoped that only the usual number (300) would be printed. He did not endorse some of the Governor's recommendations. Mr. Boreman thought the document contained suggestions of so much import that an extra number should be printed. Mr. Jones, of Appomattox, did not coincide with the recommendations of the Governor, and was not favorably disposed to spreading the Message before the people. He believed the times and people rife for secession. Mr. Anderson, of Botetourt, said he was opposed to printing an extra number of copies of this Message, as he was unwilling, by his vote, to give an implied sanction to a part of it. He regretted that the Governor, at such a time as this, should feel it his duty to throw into this House such a firebrand as that part of his Message which tends to foment dissensions in the South. At a time when the safety of the South depends on the union of the South, he is peculiarly unfortunate in his effort to produce sectional jealousy and enmity between different sections of the South. Sir, nothing but the most united and decided course of the whole South, now, can save the country from the horrors and calamity of civil war. He could not, therefore, but deeply deplore this unfortunate course of the Governor. The vote being taken, 1,500 copies of the Message were ordered to be printed. The following resolutions were offered by Mr. Bassell, of Upshur: Resolved, by the General Assembly of Virginia, That the Union being formed by the assent of the States, respectively, and being consistent only with freedom and the Republican institutions guaranteed to each, cannot, and ought not, to be maintained by force. That the Government of the Union has no power to declare or make war against any of the States which have been its constituent members. That any effort by that Government to coerce any state to re-union or submission, whether under the claim of enforcing the laws against, citizens or otherwise should and will be esteemed by Virginia, from community of interests and relations, as war on her likewise — to be resisted to the utmost of her means and power. Offered by Mr. Robertson, of Richmond city, as an amendment to the above: Resolved, That so much of the Governor's Message as refers to the subject of "coercion" by the General Government of a state of the Union, be referred to a committee of fifteen, with instruction to report thereon immediately. The amendment was adopted, and then afterwards the resolution as amended. The following committee was appointed and went into session immediately: Messrs., Robertson, of Richmond; Bassell, of Upshur; Yerby, of Northampton; Seddon, of Stafford; Hopkins, of Washington; Chapman, of Monroe; Martie; of Henry; Wood, of Albemarle; Anderson, of Botetourt: Cowan, of Preston; Duckwall, of Morgan; Ball, of Loudoun; Grattan. of Rockingham; Welch, of--; Curter, of Lancaster. Mr. Bassell supported his resolution. Mr. Yerby the substitute offered by Mr. Robertson. Mr. Seddon favored speedy action. Offered by Mr. Kemper, of Madison: Resolved, That a Committee of Fifteen be appointed with instructions to report at the earliest practicable time a bill providing for a Convention of the people of Virginia. Unanimously adopted, and time taken by the Speaker to appoint the Committee. Offered by Mr. Anderson: Resolved That so much of the Governor's Message as relates to the James River and Kanawha Company be referred to the Committee on Roads and Internal Navigation, with instructions to inquire into the expediency of incorporating the Virginia Canal Company, upon the basis of the executory agreement entered into by Messrs. Belloi des Minieres, Brothers & Co., with the said James River and Kanawha Company, on the 1st day of September 1860 Adopted.Resolutions of inquiry into expediency
By Mr. Montague, of Montgomery, of amending the 25th section of the act of last session entitled an act imposing taxes for the support of government, passed March 31st, 1860, so as to authorize persons resident of this State, engaged as colporteurs in selling Bibles, religious publications, tracts, &c., to be exempted from the operations of said act; by Mr. Riddick of authorizing the Norfolk and Petersburg Railroad to construct a branch of their road; by Mr. Myers, of amending the charter of the Bank of Richmond; by Mr. Frost, of reporting a bill for the relief of the securities of John H. Statts, late sheriff of Jackson county; by Mr. Keen, of reporting a bill for the enactment of a stay law; by the same, of legalizing the suspension of the Banks of the Commonwealth; by Mr. Gibson, of reimbursing Edward McKabe for losses sustained in being shot in repelling the John Brown invaders; by Mr. Ward. of repealing sections 28,29,30,31 and 32 of chapter 38 of Code of Virginia, 1860; by Mr. Smith of Kanawha, of amending so much of chapter 47 of the Code of Virginia for 1860 as applies to the formation of new counties; by Mr. Newton, of releasing to John H. Taliaferro the title of the State to 556¼ acres of land in the county of Hanover, improperly sold for taxes; by Mr. Jones, of amending the act passed April 6th, 1858, regulating foreign insurance companies within this Commonwealth so as to require some security for the payment of their policies; by Mr. Christian, of authorizing the speedy construction of a railroad from the State Arsenal at Lexington to some point on the Central Railroad; by Mr. Saunders, of amending the Charter of the city of Richmond; by Mr. Anderson, of authorizing the Little Kanawha Navigation Company to extend their improvement to the falls of the Little Kanawha river, in the county of Braxton; by Mr. Money, of incorporating the Berkeley Border Guards volunteer company.Petitions presented an referred.
The following petitions, &c., were presented and referred: By Geo. M. C. Porter, memorial of the Directors of the Holliday's Cove Turnpike Company, asking amendments to their charter; by Mr. Gilmer, petition of officers of Company A, 101st Regiment, Virginia Militia, praying reimbursement on account of money expended by them in the purchase of accoutrements; by Mr. Crane, petition of the 107th Regiment, Virginia Militia, praying the privilege of muster and training of so much of the same as is within the county of Tucker; by Mr. Cassin, petition of Alfred J. Bean, and others, asking to be released from the payment of security money; by Mr. Christian, petition of Trustees of Alleghany College, for a loan from the Literary Fund to repair the recent loss by fire. The House, at 3½ o'clock, took a recess till 5.Evening session,
The Speaker called the House to order at 5 o'clock. Mr. Christian moved to reconsider the resolution appointing a committee with instructions to bring in a bill for a State Convention. He said that the resolution, as passed, appeared to commit this House unanimously, and without any discussion, to the proposition for a Convention; a proposition the most important, perhaps, which it was possible for this House to adopt under existing circumstances, involving a re-construction of the very fundamental, organic law of the State, and determining the question, perhaps, of the very existence of the National Government. Many wise men even deny the power of the Legislature to call a Convention without first submitting the question to the people; many others, among them the Governor of the Commonwealth in his Message just read, doubt the expediency of a Convention now, and believe the ends proposed can be better attained otherwise; certainly it is a question which ought to be considered deliberately and in a full House representing all of Virginia. The resolution passed this morning in face of the fact that many members had not yet arrived, that the roll had not even been called to ascertain if there was a quorum present, as the Constitution requires to transact any business. It was offered amidst the confusion incident to the exciting question concerning the duty of the State to resist coercion, and as the large committee appointed to consider it was retiring. The attention of the House was not called to it on the general supposition that it was a mere resolution of inquiry as to the expediency of a Convention, not absolutely determining the question in this summary manner. Mr. Kemper detailed the circumstances connected with the passage of the resolution — thought that all members had been sufficiently warned of its introduction and purport by his remarks upon presenting it, and the distinct reading of the Clerk. He moved the ayes and noes on Mr. Christian's motion, which resulted as follows: Ayes 31, noes 71. Mr. Robertson, Chairman of the Committee of Fifteen, reported the following resolutions:- 1. Resolved, by the General Assembly, That the Union being formed by the assent of the States respectively, and being consistent only with freedom and the republican institutions guaranteed to each, cannot, and ought not, to be maintained by force.
- 2d. That the Government of the Union has no power to declare or make war against any of the States which have been its constitution members.
- 3d. That when any one or more of the States have determined or shall determine, under existing circumstances, to withdraw from the Union, we are unalterably opposed to any attempt on the part of the Federal Government, to coerce the same into re union or submission, and that we will resist the same by all the means in our power.
