Appendix — Virginia v. West Virginia

“APPENDIX.

Substitute for House Joint Resolution No. 25.

(Adopted February 21, 1908.)

Raising a Committee to consult with the Board of Public Works

coneerning the Virginia Debt. .

Wuereas, The defense of this State in the Equity Suit of the

Commonwealth of Virginia vs. West Virginia, is now vested in the

Attorney General and the Board of Public Works of the State;

and,

Wuereas, said Attorney General and Board have expressed a

wish that a non-partisan Committee of citizens and property hold-

‘ ers be appointed with whom they can advise and take counsel as

to the matters involved in said suit; therefore, be it

Resolved, That John W. Mason and William G. Bennett, of

the First Congressional District, Frank M. Reynolds and John

J. Cornwell of the Second Congressional District, William A. Mac-

Corkle and Samuel Dixon of the Third Congressional District, E.

M. Gilkeson and George W. Curtin of the Fourth Congressional

District, C. W. Campbell and Isaac T. Mann of the Fifth Congres-

sional District, and Nathan Goff, Johnson N. Camden, John K.

Thompson and F. B. Enslow at large, be and they are hereby ap-

pointed such Committee; and it shall be their duty to advise with

the Board of Public Works of the State and make such recommen-

dations as they may deem best to protect the interests and welfare

of the people of the State in said matters.

The members of said Committee shall take the oath provided by

the Constitution, which shall be filed with the Governor. It shall

convene on the call of the Governor, and shall make report to the

Legislature from time to time of its proceedings. Vacancies in said

Committee by death, resignation, failure or refusal to serve or

otherwise, shall be filled by the Board of Public Works.

Judge Mason’s Letter to Governor Dawson.

‘‘Parrmont, W. VA., May 29, 1908.

‘‘Hon. Wa. M. O. Dawson, Governor.

‘‘Drar Sir: The Legislature of West Virginia at its last session

by joint resolution adopted February 21, 1908, appointed me a

380 APPENDIX.

member of a non-partisan committee with whom the Attorney

General and the Board of Public Works might- advise and counsel

in regard to the matters involved in the suit in equity of the Com-

monwealth of Virginia vs. State of West Virginia, now pending

in the Supreme Court of the United States.

‘‘T am profoundly grateful for the compliment done me by the

legislature, and have very reluctantly reached the conclusion that |

cannot aceept the appointment without vacating the ‘position I

now hold as Cireuit Judge. It was the purpose of the framers

of the Constitution of this State not only to separate and keep

distinct the legislative, executive and judicial departments, so that

neither shal] exercise powers properly belonging to either of the

others, and that no person shall ‘exercise more than one of them

at the same time. except that justices of the peace shall be eligible

to the legislature.’ as provided in article 5. but they also deemed

it wise to prohibit judges from holding any other office under this

or any other Government, hence the provision contained in see-

tion 16, Article VIII, ‘No Judge. during his term of office, shall

practice the profession of law or hold any other office. appointment

or public trust. under this or any other government. and the ac-

ceptance thereof shall vaeate his judicial office.’ [T have reached

the conelusion that persons serving on this committee will do so by

‘appointment within’ the meaning of the Constitution. The reso-

lution in express terms provides that the persons named ‘be and

they are hereby appointed such committee.” and then defines the

duties required of them, and requires each member to ‘take the

oath provided by the Constitution’ and file it with the Governor.

The oath meant, I assume, is the oath required by section 5, of

Article IV. To comply with this requirement each member must

take an oath to support the Constitution of the United States and

the Constitution of this State, and to faithfully discharge the duties

of the office to the best of his skill and judgment. After taking

and subscribing such oath and filing it with the Governor, the

person doing so could scarcely be heard to deny that the position

is an ‘office’ or ‘appointment.’

**T have reached this conclusion with regret. The suit referred

to is a very important one—involving the property and the honor

of the people of our state. As a citizen. and. consequently one of

the defendants, I would gladly aid in preparing our ease and in

doing all within my power to have it properly presented to the dis-

tinguished Court which is to pass upon it. It is more than a mere

eS ad re en

APPENDIX. 381

law suit. The honor of two commonwealths is involved. The

people of Virginia, so far as they have any control of the case, will

not demand of us anything more than a fair and just settlement

of this account, and all loyal West Virginians will join in this de-

mand and require nothing more of Virginia. But, unfortunately,

Virginia’s case has passed almost entirely beyond her control and

into the hands of speculators who, are condueting this suit for the

money there is in it for them. This combination may not be more

corrupt than other combinations formed for speculative purposes,

but it is well that we realize that there is behind this movement an

unlimited amount of money and an unscruplous combination of

Wall Street stock gamblers. But if we are true to ourselves, they

are absolutely powerless to harm us; all their efforts and intrigues

will come to naught if our case is properly prepared and all the

facts laid before the Court. We must not lose sight of the fact

that the case is to be heard and determined by the greatest Court

in the world. If we lose in this Court it will be because our

cause is bad, or the facts are not all brought before the Court. We

go into Court handicapped. to some extent, by a sentiment which

these speculators have been laboring for years to create :—that

West Virginia is in some way endeavoring to evade settlement with

Virginia. s

‘Ag evidence of this, they point to the so-called West Virginia

Certificates and say we repudiate these evidences of indebtedness.

Certainly we repudiate every liability on account of them, and

most solemly protest against having anything to do with them,

or the holders thereof. The issuing of these certificates was a

great wrong. The men of Virginia, then in power, hard pressed

by the creditors of the State and perhaps somewhat piqued by

the action of our people in forming the new state, lid great in-

justice to West Virginia and placed our people in an improper

light before the world, when they issued these certificates. We

have persistently and continuously refused to recognize them.

We have always been ready and willing to settle with Virginia, but

not with the holders of these bonds. If any part of the Virginia

debt is properly chargeable to West Virginia, we want to pay

it. We don’t want the people of Virginia to pay anything that we

should pay. We asked for an accounting with Virginia long before

she issued these certificates and were refused consideration, or even

the courtesy of a hearing. It is the grossest injustice to charge

382 APPENDIX.

us with attempting to evade an accounting and settlement with

Virginia.

‘*We are now in a Court of Justice where these charges will

have no bearing on the merits of the case. The Court will proceed

to make a settlement without any regard to the question as to why

it was not made sooner. We are now most concerned in preparing

our side of the case. We are represented in Court by learned

and distinguished counsel. They will look after the law and

properly present our case, but we must furnish them the evidence.

We know we don’t owe anything on account of these so-called West

Virginia Certificates, and we believe we should not, in equity

and good conscience, be required to pay any of the debt, but

whether we should pay any part of the debt depends wholly upon

the facts. We have been told by our fathers that in the distri-

bution of the money for which Virginia issued her bonds there

was not-a ‘fair divide.’ Practically all of the money was spent

in improvement east of the Alleghanies, and we paid more than

our share before the separation.

‘*The men who had control of public affairs in Virginia during

the time this debt was being contracted had no confidence in the

ability of the people inhabiting the mountain counties to pay any-

thing, and hence dealt with them on a cash system. They never

expected any money spent here to be returned, and hence they

doled it out to us with a parsimonious hand.

‘For many years prior to 1861 the people living in north-

western Virginia had complained bitterly of the basis of legislative

representation, unequal taxation, and a selfish distribution of the

public revenues and funds. Dr. Alexander Campbell and Philip

Doddridge and other prominent men of the west, in the great

Constitutional Convention of 1829-30, warned the people of the

east what would be the result if this injustice continued.

“*It is not true that the demand for the formation of the State

of West Virginia arose out of the differences of opinion in relation

‘to the civil war. The real trouble long antedated 1860. We

were simply submitting to iajustice and biding our time. The

peculiar condition created by the attempted secession of some of

the people of Virginia afforded that opportunity and we availed

ourselves of it and the state was formed in strict compliance with

law. We would have demanded the new state in the course of

time, no matter whether living under a new Confederacy or the

Unitel States Government. When the new state was formed

APPENDIX. 383

it provided by its Constitution of 1863, Article VIII, section 8,

that ‘An equitable proportion of the public debt of the Com-

monwealth of Virginia, prior to the first day of January, in the

year one thousand eight hundred and sixty one, shall be assumed

by this State,’ and section 9 of the Ordinances of the State of

Virginia, passed August 19, 1861, provided how this debt shall be

ascertained.

‘““The State of Virginia has permitted the use of her name in this

suit and the Court, so far, has held that we are properly in Court

and must make our defense. It is now for us to make good our

contention. After the lapse of many years, and the death of the

men who were personally acquainted with the facts together with

the difficulties of tracing these transactions, it is no easy task to

ascertain the whole truth.

‘“There seems to be a disposition on the part of some of our

people to eriticize, rather than aid; the persons charged by law

with the duty of preparing our case. They seem to think that the

present State administration and the dominant party alone are

sued, and are almost willing that these Wall Street speculators

may succeed, provided it may embarrass their political antagonists.

This is not only bad politics, but it is unwise and unpatriotic.

If there is any honorable way to get rid of this suit, why don’t

they suggest it? If they are in possession of any facts necessary

for the defense, why don’t they make them known? If the case

is not being properly defended, by all méans tell us why. We hear

much talk about compromise and settlement out of Court. All

law suits arising out of controversies of this character are simply

involuntary arbitration, and I know of no body of men to whom

this controversy can be submitted with such confident assurance

that it will be fairly, properly and justly settled, as to the Supreme

Court of the United States.

““T wish that those of our people who have been tempted

to criticize could see the folly of such a course and remember that

we are all parties to the suit and that contentions among co-de-

fendants will benefit none but the plaintiff.

‘You will please say to the members of the Board of Public

Works that while I cannot act officially as a member of the Ad-

visory Committee, for the reasons stated above, yet it will afford

me great pleasure to aid them in any way that I can. I am, my

dear sir,

‘““Yours very truly,

(Signed) Jonun W. MASON.

i Ne eae ant er eT EER tee

LEELA TET EL ELLEN RE UNS SOE ERS IP LINING Ta ELEY

3384 APPENDIX.

Part of Speech of Hon. Waitman T. Wiley,

In THE UNITED States SenaTE, JuLY 14, 1862, oN THE ADMISSION

or West Vireinia INTO THE UNION.

(See Congressional Globe, Part 3, 2d Sess. 37th Cong., p. 2415.)

* * + * * * ” * * * * * * * *

Mr. President, before I answer this question,* I desire to correct

a misapprehension which I find is prevalent, not only throughout

the country, but likewise here. It seems to be supposed that this

movement for a new State has been conceived since the breaking

out of the rebellion, and was a consequence of it—that it grew

alone out of the abhorrence with which the loyal citizens of West

Virginia regarded the traitorous proceedings of the conspirators

east of the Alleghanies, and that the effort was prompted simply

by a desire to dissolve the connection between the loyal and dis-

loyal sections of the State. Not so, sir. The question of di-

viding the State of Virginia, either by the Blue Ridge mountain,

er by the Alleghanies, has been mooted for fifty years. It has

frequently been agitated with such vehemence as to threaten ser-

iously the public peace. It has been a matter of constant strife and

bitterness in the Legislature of the State. The animosity existing

at this time between the North and South is hardly greater than

what has at times distinguished the relations between East an ©

West Virginia, arising from a diversity of interests and geographical

antagonisms. Indeed, so incompatible was the union of the terri-

tory lying west of the Alleghany mountains with the territory

lying east thereof, under one and the same State municipality, that

so long ago as 1781, several of the States insisted that Virginia

should include in her act of cession all her trans-Alleghany ter-

ritory making the Alleghany mountains her western, as they

were her natural, boundary. A committee in the Fejeral Congress

about this time, made a strong report, suggesting such a boundary ;

and Mr. Madison records that—

‘*From several circumstances, there was reason to believe that

Rhode Island. New Jersey, Pennsylvania, and Deleware, if not

Maryland likewise, retained latent views of confining Virginia to

the Alleghany mountains.’’—Madison’s Debates. Vol. 1, pp. 463-

465.

*This was a question asked by Senator Willey of the United States Senate

whether or not Congress ought to give her consent to the admission of West Vir-

ginia into the Union,

SONAR 2 SS PAAR EERIE hey om ere

APPENDIX. 385

Secondly. 1 respectfully solicit the attention of Senators to the

geographical position of the proposed new State. Look at the map.

Observe how this territory lies, like a wedge driven in between the

State of Ohio on one side, and the States of Pennsylvania and

Maryland on the other, and is completely cut off from all con-

venient intercourse with East Virginia by the Alieghany moun-

tains. the sky-kissing summits of which are proposed as the eastern

boundary of the new State. How is it possible to identify these

two sections of the State of Virginia in a common State policy, or

system of internal ineprovements, or economical interests? You

have only to examine the geography of the State to see that this

is impracticable. It never has been done. It cannot be done.

Hence the revenues of the State heretofore, with slight exceptions,

have all been expended in the construction of lines of improve-

ment avoiding those impassable mountain barriers, and leading

to the South and Southwest in directions which have not only not

benefitted the northwest section of the State, (that part contained

in the new State), but have, indirectly, operated to its serious dis-

advantage. This sectional appropriation of the State's revenues

has long been inveighed against as unfriendly and unjust, and has

engendered bitter sectional animosity between the counties lying

east and those lying west of the Alleghanies. But, perhaps, it

might be more charitable to attribute this policy to an absolute

necessity growing out of the utter impracticability of constructing

any improvement connecting the two sections of the State.

Third. This application for admission as a new State is predi-

cated on considerations of industrial and commercial necessity.

The people living within the limits of the projected new State

never had, and never can have, any trade or commerce with

Eastern Virginia. There is no means of getting back and forth

between the two sections by any direct and convenient way.’ There

never has been; there never can be. The impediments are in-

superable. Trans-Alleghany sells nothing to cis-Alleghany ; and

vice versa. The traffic and commerce between the two sections

has not amounted to fifty thousand dollars in the last twenty

years. The natural and best markets of West Virginia are Balti-

more, Pittsburg, Cincinnati, &e. If Eastern Virginia were willing

to do so, she has not the ability to push her railways and other

means of transportation and travel into the northwest; and if

she had both the will and the ability, all such improvements in

386 APPENDIX.

Virginia could only carry the trade and staples of West Virginia

beyond better and nearer markets.

* * * % * * * * *« * * * ~ a *

(Sge Congressional Globe, Part 4, 2nd Sess. 37th Cong., p. 3317.)

* * * * * * * * * * * * x * *

Now, sir, I wish to make another remark in answer to the Sena-

tor from Illinois. He seems to have fallen into the mistake, eom-

mon to almost every person, that this movement was conceived in

a desire to separate ourselves from the disloyal portion of the

State of Virginia, that it grew out of our national difficulties, out

of the secession of Virginia from the Federal compact. No, sir:

no. These circumstances may have precipitated action upon. it;

they may have given us the opportunity to effect the long-cherish-

ed desire of our section of the State; but this eomtroversy is older

than I am; | have heard it ever since I can remember anything.

It grows not out of these national dissensions; it grows not out

of loyalty or disloyalty to the Government; it grows not out of

this question of secession; but it grows out of the social, geographi-

eal, commercial, industrial distinction and antagonisms that never

ean be reconciled by the power of man. The Almighty, with his

own eternal hand, has marked the boundary between us. We

live upon waters that flow into the valley of the Mississippi; our

eastern brethern live upon waters that flow into the Potomae and

the Chesapeake; and there is a chain of impassable mountain bar-

riers between us that prevent, and will forever prevent, all con-

nection, all social relations, all interchange of traffie and ecom-

modities by any convenient means of transportation. Owing to

these facts, we ask this separation. and we place it upon these

large national grounds; not upon the questions of secession and

disloyalty. If those were the only questions at issue, I would say

to the western people, as I have hitherto said to them, stand fast,

not only until the Union is restored, but until all Virginia again

is made loyal to the national flag, and until we all dwell. together

again beneath its ample folds in peace and in security. But, sir, we

never can dwell] in harmony, not because now we are separated by

principles of secession and anti-secession, or loyalty and disloyalty,

but because the Almighty, with His own hand, has placed barriers

between us that separate our trade and our intercourse, because

our social relations are different, because our places of market are

different, because our industrial interests are different, amd be-

eause, on account of these facts, ou. internal resources have never

Ss a FEF OS ae ER UGE a I NEEL LS RET MN RET ee

APPENDIX. 387

been developed, andnever can be developed while we are connected

with Eastern Virginia.

This new proposed State contains within its towering hills and

mountains, treasures richer, perhaps, than ean be found within

the limits of any other State within this Confederacy, and there

they have lain, ever since the establishment of this Government, un-

developed, unworked, valueless, and they must continue to re-

main so unless a different policy be pursued. Is it just to the

people there? Is it just to the loyal people of Virginia that

they shall be thus trampling under their feet treasures whieh,

if developed, would be of untold value, but are valueless be-

neath their feet in consequence of the antagonisms of State policy

Which must ever exist, until there is a separation between tne

sections?

Upon these grounds, then, we place this issue; not upon those

other grounds. If those other grounds were alone the eonsidera-

tion which moved us, I, for one, would east my fortunes in the

common bark, and when Virginia went down, if she did, I would

go down with her, as I intend to do anyhow, so far as our natural

fortunes are concerned.

But the Senator from Illinois takes oeeasion to say that a divis-

ion of the State will operate against the reorganization of the

eastern section of Virginia; that the Wheeling government, as

he calls it, is a neucleus around which the other counties as they

are relieved of the pressure that is upon them, ean be brought un-

der the State authority. Sir, where is the county east of the Blue

Ridge today that can be recognized by any other power than that of

military authority? not one. You tell me of Alexandria. How

long would Alexandria acknowledge the authority of the govern-

ment at Wheeling if you were to withdraw your soldiers?

How long would any other county east of the Blue Ridge do

it? There is not a county, in my estimation, and much as I re-

gret to have to say it, let me tell the Senator from Illinois that

the only mode by whieh Virginia can be brought into subjeetion

again to the State and national authorities is by the stern power

of the military arm. If this new State is established it leaves

the laws of Virginia as they now exist, both in the new State and

in the old State precisely the same as before. There is the re-

vised code, there are all the officers, there is all the machinery of

the law. What are they worth in a civil point of view? Nothing.

You have today to enforce authority by the sword, and you will

388 APPENDIX.

have to do it still if you continue with the old state, and you will

have this embarrassment, you will have a civ authority in the

western part of the State incapable of exercising any power in

the eastern part of the State, and it will be obligatory upon the

United States, before this rebellion is subdued in Eastern Virginia,

1o appoint a military Governor, and therefore you will have in the

State of Virginia a military Governor and a civil Governor. Sepu-

rate the sections and each can govern itself according to the

civil laws, and you will not be embarrassed by the civil govern-

ment in one section of the State, and vou may be left free to

exercise the necessary military authority in the other portions of

the State. All this matter about granting letters of administra-

tion can be done about as well in the State after the division as

it can be now under the existing state of affairs.

Again: the Senator undertakes to say, and urges as another rea-

son why this State should not be divided. and the new State re-

ceived into the Union. that it wout®be the admission ‘of another

slave State. So far as the slaves themselves are concerned, what

is the fact? If you do not admit the State, what is the facet? Ev-

ery one of them will remain in perpetual bondage. I am arguing

the case now on his own principles; | am not saying whether

slavery is right or wrong; but I am speaking gratia argument.

“Taking his own premises as true, and his views of slavery as

true, what will be the result of this policy? If you do not divide

the State, it follows that every slave within the limits of the pro-

posed new State will remain in bondage forever. And yet the

people who desire to become a new Commonwealth make a propo-

sition here today that all slaves born after the 4th of July next

shall be freed, and that all slaves over ten years of age shall be

free at twenty-one, and all over fifteen shall be free at twenty-

five. With what proffer to the honorable Senator from Illinois,

he would rather have no State at all. because it would bring

in a slave State, and keep these slaves forever in bondage. There

is an old maxim, a homely one, but it is very true, that half a loaf is

better than no bread sometimes.

There is another remark which I wish to answer. I happened

to say the other day, and I reiterate it now, upon the authority

of personal communication with a great many citizens of North-

western Virginia, and upon the authority of a great many letters

which I have received within the last fort-night, that unless the

relief is granted to the people of that section of the State which

RAEN PP OTE LYRE NORTEL NEE. emt Ce

APPENDIX. 389

this bill will afford, thousands upon thousands of them will take up

the little all they have and find’ a home elsewhere. Such is my in-

formation, and I believe it. But the honorable Senator inquired,

how will the erection of that section of the State into a new

State relieve us from the difficulties of which we complain, how will

it bring about security and peace that will retain those citizens

Within its limits? So far as the enemy abroad are concerned, they

can invade us as well if we are erected into a new State, as

they can without it; but we do not fear the enemy, we do not fear

the national foe, we fear the guerrillas in our midst, we fear the

slumbering secessionism that remains there, as my colleague has

stated; but give us this new State, and you destroy at once that

singular sentiment of State pride, and the new State having

once been established, those people will go with the State, acknowl-

edging, singular as it may seem, a supreme allegiance to the

State rather than to the United States.

These are some of the reasons, but I want to show to the honor-

able Senator from Illinois how this thing will operate. Suppose

the rebellion is put down all over Eastern Virginia; suppose, as

I hope will be the ease, that this prediction will be fulfilled and

that those secessionists may be driven out: will our condition be any

better? Our diffieulties are geographical; they are sectional.

Look at the state of facts in Eastern Virginia. The State of Vir-

ginia is indebted to almost every man east of the Blue Ridge; al-

most every man has serip for a horse, or a wagon, or a bag of

wheat furnished to the confederate troops. Carry us back to

Eastern Virginia, and what is the result? This people to whom

the State government is thus indebted will send to the Legislature

men who will reflect their will, and what will that be? They will

enact laws not only to prevent our receiving any benefit of the

State revenues for improvements in our western section, as we

have always been prevented, but we shall have imposed upon us,

through the overwhelming majority, through the influence of the

popular will, the payment of the debts which eastern Virginia has

contracted in sending men across our borders to murder our citi-

zens and burn our houses, besides having furnished ten thousand

men in resisting them, and paying our proportion of the national

debt. That will be’ our condition if we are carried back into

Eastern Virginia; and it is no wonder our people are excited;

it is no wonder that by seores they have been beseeching the mem-

bers of the Committee on Territories, coming here from their

READE ig sorte Rito MEARS rm ppp

390 APPENDIX.

homes at their own expense, beseeching that now when they may,

they may have a separate and independent existence. It will

injure no one; it will not injure Virginia; it will not injure the

Union. It will give to this Union, and to those who desire it, in

due time a free State.

Part of the Speech of Hon. Jacob B. Blair

Or VIRGINIA, IN THE Hovust oF REPRESENTATIVES, JULY 16, 1862,

ON THE ADMISSION OF WEST VIRGINIA INTO THE

UNION OF STATES.

(See Congressional. Globe, Part 4, 2nd Sess. 37th Cong., p. 327.)

* * * “« * * * ™ oe *% * * % % od

Ms. Speaker, having now. as I think. shown that the Legislature

of the restored government of Virginia is the Jegitimate and con-

stitutional Legislature of Virginia, and consequently possessed of

full power to give the consent required by the Constitution of

the United States to the formation and erection of the proposed

new State. I now propose to offer some reasons why Congress

should not withhold its consent to the admission of West Virginia

into the Union. But before proceeding to do so, T desire to dis-

abuse the minds of all these who may be laboring under the im-

pression that this project of erecting a new State within the

jurisdiction of Virginia has been set on foot and the idea sug-

gested since the commencement of this war. Nothing. sir. could

be further from the facts. The question of the division of the

State has not only been suggested, but to a greater or less extent

agitated for the last forty vears.

The desire of the people west of the Alleghany mountains to

be separated from those residing cast of the mountains, has grewn

out of causes wholly unconnected with the war, and of whieh [

will speak before IT conclude my remarks.

I have always thought. and still think, that there are but few

who will ‘take the trouble to examine the map of the State of

Virginia who will not be convinced that not only justice demands

that the people occupying the western slope of the Alleghany

mountains should be permitted to form a new State out of that

APPENDIX. 391

territory in order that they might pass laws suitable to their own

wants and peculiar condition, but that it is the interest of those

residing east of that range of mountains that such a separation

should be made. What commercial intercourse, let me ask, ex-

ists between them? None, literally none. My colleague in the

Senate in that excellent speech of his delivered on presenting the

memorial to that body asking that Western Virginia might be

admitted into the Union, gave it as his opinion that there had

not been over fifty thousand dollars of traffic and commerce be-

tween the two sections during the last twenty years. I thought

the estimate a high one, and so remarked to my colleague from

the tenth district, (Mr. Brown), who replied that there never had

been but one commercial transaction come under his observation,

and that was an exchange of two dogs. How could it be other-

wise when there are no railroads, canals, or water communication

between the two sections of the State? There stand the Alle-

ghany mountains, between the valley and the great Northwest,

with their immense base and lofty summits speaking by the au-

thority of the God of nature to those who reside on either side,

saving. ‘‘thus far shalt thou come, and no further.’’

Mr. Speaker, Virginia has spent millions upon millions in wild

schemes of internal improvements, and not withstanding she has

had Henry A. Wise for her Governor, a man in whose head. I

will venture to say. more wild impracticable, and, I might as

well add, devilish schemes originated than in the brain of any

other man, yet he never seriously dreamed of, much less suggested,

the idea of pushing a railroad through the Alleghanies. De-

prived, therefore, of any road connecting the two sections of the

State, exeept two narrow mud turnpike roads, the loeation of

either of which, in many places. would puzzle the most. skillful

engineer to find, it may be imagined that the commerce .between

the eastern and western parts of the State is not very extensive,

and the intercourse between the people somewhat limited.

The two reads I have referred to are the Staunton and Park-

ersburg and the Northwestern turnpike roads. The former is

located from Staunton to Parkersburg. and the latter from Win-

chester to Parkersburg. It is my fortune, Mr. Speaker, to reside

at the city of Parkersburg, on the bank of the river Ohio. where,

as I have always said, these two roads terminate. I know. there-

fore, whereof I speak when I declare that there are not one hun-

dred travelers that pass over these two roads from Staunton or

203 APPENDIX.

Winchester to Parkersburg, or vice versa, during an entire year.

Before this war commenced, our delegates to the General Assem-

bly, and all others who desired to visit the city of Richmond, the

eapital of the State, were of necessity compelled to leave the State

in order to get there, unless they went by way of Staunton and

Winchester, over one of the roads I have mentioned.

Again: the habits, tastes, and industrial pursuits of the people

residing in the two sections of the State are as unlike each other

as perhaps any two States in the Union. Those who reside east

of the Alleghany mountains have long been distinguished as the

F. F. V.’s. They are a kind and hospitable people, generally

men of wealth and ease. They know but little and eare less about

the arts and sciences of the day. They raise but little more corn or

wheat than is necessary for their own use, depending entirely on

raising a crop of young negroes to add to their yearly wealth.

Not so with the people of the west. They are generally limited

in means, but a hardy, industrious, and energetic people. While

they do not claim by birth or otherwise to be superior to their

eastern brethren or their countrymen at large, they do maintain

they are the equals of either. This difference in the interests,

habits, and social institutions of the two sections of the State,

coupled with the fact that there can never be to any extent any

commercial intercourse between them, renders it almost if not

quite impossible to enact laws suitable to the wants and cireum-

stances of both. That negro slavery requires laws of a more

stringent and peculiar character than qny other species of prop-

erty, I think all will admit; and that these laws are distasteful

if not inimical to the interests of those who do not own slaves, 1

think is equally clear.

Now, if this be clear of negro slavery generally, is it not doubly

so in a State like Virginia, where all, or nearly all, of those who

own slaves reside east of the Alleghany mountains? If any one

has doubted the truth of this proposition, I think in the history

of the legislation of Virginia may be found the most conclusive

evidence. Prior to the year 1850, that part of Virginia lying

between the Blue Ridge and the Alleghany mountains, known as

the valley of Virginia, was almost as much neglected by the State

as tnat part lying west of the Alleghanies. The two sections con-

tained a white population of nearly one hundred and fifty thousand

more than the residue of the State, and yet they were in a minor-

ity in both branches of the General Assembly. It was in the year

APPENDIX. 393

1850, Mr. Speaker, that the convention was called which formed

the present constitution of Virginia. It is a period in the history

of the State which will long be remembered by not only those who

were members of that convention, but by the people of the State

at large. The people of the west and valley, smarting under the

wrongs and injustice that had been done them through a long

series of years, laid aside for once all party considerations and

elected their best and truest men to represent them in said con-

vention, and instructed them to demand that the representation

in the Legislature should thereafter be based on the white pop-

ulation of the State, and not on the mixed or arbitrary basis as

it then was. As soon as the convention met it was apparent that

the eastern part of the State was not disposed to yield to the

demands of the valley and the west. Day after day, and week

after week passed, until several months were spent in discussing

what was called the white and mixed basis, and so violent was

the discussion at times that it was feared that a compromise of

conflicting views was impossible, and that the convention would

break up in a row and leave the difficulty to be settled at the

point of the sword. But finally the slave interest triumphed,

and by the terms of the compromise the rights and interests of the

people residing west of the Alleghanies were wholly disregarded,

and the people doomed to perpetual bondage unless released of the

passage of this bill. It was, in truth and in faet, a compromise be-

tween the valley, the former ally of the west, and the eastern

part of the State, to which the delegates west of the Alleghanies

were compelled to give their consent. How was this compromise

effected, and what were its terms? The delegates residing east

of the Blue Ridge said in substance to the delegates residing in

the valley, ‘“‘you knew that part of Virginia lying west of the

Alleghany mountains is principally settled by emigrants from

western Pennsylvania, the State of Ohio, and the New England

States. You also know that they are opposed to the institution

of slavery, and if they were not, slavery can never exist there

to any extent for two obvious reasons: first, beeause the laws of

climate forbid it, and seeondly, a slave has but to eross the line

into Pennsylvania, or the Ohio River into the State of Ohio, and

he is free. This being the case, slavery, has only a nominal ex-

istence there. Now, you people of the valley, like we of the

vast, have sprung from quite a different stock. We do not be-

long to the ‘mudsills’ of society. You, like we, are largely in-

394 APPENDIX.

terested in not only protecting but continuing the institution of

slavery. This being the case, come let us reason together; let us

compromise this matter, and take care of ourselves; and let this

mongrel race beyond the Alleghanies take care of themselves;”’

and, Mr. Speaker, to make a long story a short one, the east and

the valley struck a bargain by which they secured for themselves

the control of the legislative department of the State until the

day of judgment and a day after, and leaving those residing west

of the Alleghanies to shift for themselves the best they could.

They formed a constitution for the State of Virginia, and to show

the House how shamefully the west was treated, I will read three

or four lines of the twenty-third section of article four of that

delectable instrument :

. ‘*Every slave who has attained the age of twelve years

shall be assessed with a tax equal to and not exceeding that

assessed on lands of the value of $300. Slaves under that

age shall not be subject to taxation.”’

Here you will perceive that all slaves over twelve years of age

are only taxed equal to and not to execed that assessed on land

of the value of $300, while all slaves under twelve vears of age

are wholly exempt from taxation. By this little provision no less

than $200,000,000 worth of property of the citizens of the valley

and those residing in the eastern part of the State was relieved

from taxation, while every knife and fork: every bed, whether

feather or straw: every horse, mare or gelding, whether blind,

spavined, or wind-broken; every old clock, whether it had refused

to tell of the passing hours or not: in a word, every species of

property, real, personal. and mixed, west of the Alleghany moun-

tains, was taxed. taxed, taxed!

Now, Mr. Speaker, where and how was this money spent, thus

wrung from the hard earnings of the people of the west? Look

upon the map. and you will find the question incontrovertibly an-

swered. See how the eastern part of the State is checkered over

with railroads in every direction—no less than five, and perhaps

more, running to and through the city of Richmond—all having

been built. either in whole or in part, at the expense of the State.

Now, sir, look west of the Alleghanies, and see how many you

will find there. Here is the Baltimore and Ohio railroad, running

along the line between Virginia and Pennsyivania, and terminat-

ing at the city of Wheeling. How much did the State contribute

to that great improvement? Not a dollar! On the contrary, it

APPENDIX. 395

was years before she would even give her consent that it should

be built at all over the soil of Virginia. Then, again, here is a

branch of the same road, known as the Northwestern Virginia

road. which has its terminus at the city of Parkersburg, not one

dollar to build which did the State contribute. Sir, we petitioned

the Legislature of the State for fifteen or twenty years for the

privilege of building that road over our own soil, with our own

means. before our prayer was granted. Why, Mr. Speaker, this

partial legislation? Why was the west deprived of the benefits

so lavishly showered upon the east? We all know in the west

the reason. They did not attempt to conceal the facet that they

regarded us unsound on the slavery question; and that every

railroad and turnpike made through the western part of the State

would induce emigration to that part of the State: and that every

man that settled there added that much to the strength of the

west. Hence it was the policy of our eastern brethren to retard

in every way possible the settlement of the west.

Now. sir. I ask whether it is possible for a State to prosper

where such antagonistic interests exist. Is it not the interest of

hoth that a division should take place, that each may pass such

laws as their respective wants and interests may require? :

But it is argued by those who opposs this bill. that we should

wait until the whole State is restored and every county in the

State is fully represented in the Legislature. and then get the

consent of the Legislature. and Congress will admit us at onee.

In reply to this reasoning | have this to say; that the people of

the west are not disposed to let the present opportunity pass,

when they can accomplish that which they have so long desired

to attain, and which justice and right demand should be done.

History affards but few instances where men clothed with power

voluntarily give it up. If was Gnee said by Virginia's most gift dd

sens. that there was no way of judging the future but by the past;

and if we look in this instance to the past to ascertain what our

eastern brethren would be most likely to do in regard to this

question when (if ever) they shall be fully represented in’ the

Legislature of the State. we are forced to the conclusion that,

instead of giving their consent to the ereetion of a new State

within the jurisdiction of Virginia, they would, if possible, rivet

the chains more tightly upon us. and compel us te pay not only

our just proportion of the debt of the State before the passage

of the ordinance of secession, but any debt that has been con-

396 APPENDIX.

tracted by Letcher & Co. in prosecuting this unholy war against

the United States.

Again, it is argued that if the Legislature of the State, when

the whole State is restored, will not give its consent to the erection

of the new State, a convention of the people of the State can be

called, and a new Constitution be framed, and many if not all

the grievances now complained of by the west will be corrected,

and a division of the State rendered unnecessary. This reason-

ing, Mr. Speaker, is fallacious. By an examination of the con-

stitution of Virginia it will be seen that the valley and eastern

part of the State have a majority in both branches of the Gen-

eral Assembly, and is it reasonable to suppose that they will econ-

sent to the calling of a convention to frame a new constitution in

order to yield to the west that which has heretofore been denied

her, and which will greatly and materially abridge the rights of

the east? Certainly not. But, sir, if a convention was called,

the delegates from the east and the valley would form a majority

of the convention, and consequently the west would be still at

their merey; for let it be borne in mind that while the valley

was, to some extent, prior to the year 1850, identified with the

west, since that period, by the clause in the constitution of 1850

to which I have already referred, and by connecting the valley

and the east together by building the Tennessee, the Central, and

the Manassas Gap railroads, it is now fully identified with the

east. Now, I ask any candid man to tell me what relief have

we residing west of the Alleghanies to expect by waiting until the

whole State is restored for anything else that can or may happen

in the future. Sir, we are doomed to perpetual bondage unless

Congress grants us relief by the passage of this bill. And in-

stead of being a bill entitled ‘‘A bill for the admission of the

State of Western Virginia into the Union, and for other purposes,”

it ought to be entitled ‘* A bill for the release of three hundred and

thirty-four thousand white people residing west of the Allegha-

nies from a worse than Egyptian bondage, and for the admission

of the new State of West Virginia into the Union.’’

Sir, if peace to eur distracted country was proclaimed tomor-

row, and every sword now drawn in deadly strife returned to its

scabbard, it would bring no peace to Western Virginia. The old

feuds and differenees existing between the two seetions of the

State, arising out of the conflict of interests that I have already

mentioned, intensified by what has grown out of this war, pre-

APPENDIX. 397

clude the idea of the two sections of the State ever living in peace

under the same State government again. The boundary of the

proposed new State embraces an area of twenty-four thousand

square miles, and an aggregate white population of over three

hundred and thirty-five thousand; also an aggregate slave popu-

lation at the beginning of the war of a little over twelve thousand,

which ‘it is reasonable to suppose is not now more than half that

number. It is the opinion of everyone, I believe, without an

exception, who has written about or examined the internal wealth

of the several States of the Union, that Virginia contains more

resources of wealth than any other State; and that these resources

are principally confined to that part of Virginia embraced within

the lines of the new State all will admit. Look at her wells of

oil on the banks of the Little Kanawha river, pouring forth their

hundreds of barrels per day ; her immence beds of bituminous cannel

coal, her deposits of ore, her water-falls, and her forests of tim-

ber. Then, sir, look at her lands; say nothing about their adapta-

tion to the growth of wheat, corn, and for grazing; as a wool-

growing country it has no superior, if it has an equal on the

globe. Many have already embarked in that enterprise and have

met with the most gratifying suecess, and I will venture to pre-

dict that before many years West Virginia will be the great wool-

growing as well as manufacturing region of the United States.

Mr. Speaker, Virginia is one of the oldest States in the Union.

As I have remarked before, it is conceded that she possesses more

elements of wealth than, perhaps, any other State, and yet it is

a humiliating fact that she is at least fifty years, if not more,

behind her daughter Ohio jn population, wealth, and nearly every-

thing that makes a State great and prosperous. Why is this?

I repeat the question, why is this? Sir, to my mind the reason

is obvious. When not affirming and reaffirming the resolutions of

1798-99 and discussing political abstractions, we were wasting our

time and energies in the vain endeavor to reconcile irreconcilable

interests between the two sections of the State, instead of dividing

the State on the line made by nature into two independent States,

that the inhabitants of cach might develop their own internal

wealth and pass laws suitable to their own wants and conditions.

Sir, we cannot, even with your aid, recall the past, but we may

with it improve the future.

Mr. Speaker, in reference to the question of slavery in the

new State, I have but a word or two to say. The laws of climate

NCL RELIES LS «SEERA UIE TINIAN OE TONE EA eg

398 APPENDIX.

forbid its existence there, nor is it the desire or wish of the peo-

ple that it should be a slave State. Hence it was that I cheer-

fully consented that that question might be settled at onee by in-

serting the clause contained in this bill. The further extension

slavery under this Government has become an absolute idea.

And if one of the results of this war be the extinetion of slavery

in the border States, and the shaking to its very center the in-

stitution in every southern State, let the South remember that it

was she who filled the goblet, and if she is compelled to drink

its contents to its very dregs, she cannot say to the border States,

**vou did it.”’

_ Mr. Speaker, there is another consideration which, although

not germane to this bill, I cannot refrain from alluding to before

closing my remarks. It is the noble and patriotie stand taken by

the people of northwestern Virginia at the very commencement of

this causeless and unfortunate war. Yes, sir, the news had hardly

reached the patriotic people of northwest Virginia that an or-

dinance of secession had passed withdrawing Virginia from the

Union, before they had met, and, kneeling before the altar of

their country, they resolved that. come what might. they would stand

by the old flag and the Union which their fathers had bequeathed

to them. How they kept their resolve, let incontrovertible facets

answer.

The tenth congressional district, represented on this floor by

my colleague, (Mr. Brown.) and my own district, the eleventh,

containing together a white population of not over one hundrel

and twenty-five thousand, have now in the service of the United

States over eleven thousand men exclusive of those who have

come from other parts of the country and enlisted in Virginia.

Sir, one little county in my district—a county within whose lim-

its a traitor dare not enter—with a voting population of about

one thousand, jhas sent to the field four hundred and sixty men.

I allude to the glorious and patriotic county of Ritchie. Tell me,

sir, where are the two congressional districts and where the county

that has in proportion to its population turned out as many men

for this war? They cannot be found.

Mr. Speaker, when the impartial historian shall write the his-

tory of this war, the heroie and patriotic course of the people of

northwestern Virginia will form not only one of its most inter-

esting but brightest chapters. Sir. bound as we are to the great

West by ties made by the God of nature, we could not if we would,

APPENDIX. 399

and would not if we could, change our relations to the Govern-

ment of the United States; no, sir, no. Let me say to the Rep-

resentatives on this floor from Ohie, Indiana, Llinois, and other

western States, that your destiny is ours, and that whatever is

in store for you in the impenetrable future is likewise in store

for us. Come, therefore, and aid us in the passage of this bill,

to the end that we may be erected into a new State, that you

with us may share in the riches and blessings that will flow by

developing the inealeulable mineral wealth of northwest Virginia,

which will, in the future as in the past, unless our request is

granted, remain buried in the bosom of our mountains.

Mr. Speaker, one word more and I have done. It is said by

these who desire some excuse, if | may so speak, to oppose this

bill, that they cannot bear the idea of dividing the old Common-

wealth of Virginia, which has given birth to so many great states-

men. and around whose history so many delightful associations

cluster. Sir, I yield to no man in the regard, not to say love,

I have for the good old Commonwealth. It was on her soil I

first opened my eyes to the light of heaven. [ read with childish

pride, and point with delight to her history and the part her

sons have taken heretofore in the councils of the nation. Nay

more, I would obliterate, if possible, from the memory of man the

humiliating and unjustifiable position she now oceupies towards

that Government she has contributed so largely to build up. But

what of all this? Did she lose any of her historic renown when

she ceded to the General Government the territory now compris-

ing the great Northwest, or when she permitted her daughter,

Kentueky, to set up for herself, that she might have a name in

history? No. sir, no! And thus it will be if her youngest

daughter, West Virginia, is permitted to assume all the responsi-

bilities of one of the States of this Union. Instead of detracting

from her fame and history, it will add to both, and the time

will come when she will point with pride and pleasure, as did the

Spartan mother, to her children, and say ‘‘these are my jewels.”’

Mr. Speaker, pass this bill and you will carry joy and gladness

to every loyal heart in northwestern Virginia. Pass it, and you

buoy up the hearts and strengthen the arms of those that have

grown faint and weak in defending their homes, and maintaining

that Government which is the hope of the friends of constitutional

libérty throughout the civilized world. Yes, pass it, and you will

do ‘that which justice and right demand, and we will ever cel-

400 APPENDIX.

ebrate the event as we do the birthday of our national existence,

with bonfires and illuminations, and songs of thanksgiving and

praise.

4

Part of the Speech ot Hon. William G. Brown,

In THE House or REPRESENTATIVES, DECEMBER 9, 1862, ON THE

ADMISSION OF West VirGiniA INTO THE UNION.

(See Congressional Globe, Part 1, 3d Sess. 37th Congress, p. 41.)

* * * * * * * * * “ * * * * *

Mr. Brown, of Virginia. I was about leaving the question of

legitimacy of the government of Virginia, when I was interrupted

by the order of the day. I have already referred to the conven-

tion of May, 1861; but I beg leave to read some of the resolutions

of that convention. I do so because the gentleman from Kansas

was pleased to speak of that body as a mob. Sir, I wish the gentle-

man from Kansas could have looked upon that convention of five

hundred men. I have never served in a body more conspicuous

in point of talent or appearance. And if gentlemen will only

read the resolutions passed by that body, and compare them with

the views of the gentleman from Kansas, | think they will find

them to compare very well in point of ability.

* * * * * * ok * * of * * * * ¥*

If the views, then, of the gentleman from Kansas be correct, |

have no right to a seat upon this floor. If Virginia is a Territory,

then by the unauthorized and illegal act of secession of that State

I have no business to a seat upon this floor. The Wheeling con-

vention resolved that it would hold elections for Congressmen and

for members of the State Legislature upon the regular day of

Election. Upon that day, sir, there was a larger vote. given in

my district than had ever been given before. I was returned to

the House of Representatives by a majority of more than fifteen

thousand over al] the other persons voted for. The vote was al-

most unanimous for me. The delegates to the Virginia Legislature

were also elected by the people of Virginia by a large vote. But

I need not advert to my own district as the only one where this was

the case. The adjoining district of my colleague (Mr. Blair)

voted in the same way. My colleague was also elected by a very

large majority. The vote in West Virginia was larger than had

ever been given before. The members to the General Assembly

APPENDIX, 401

were elected on the day fixed by law for their election. They were

elected for the very purpose of reorganizing the State government,

and maintaining their allegiance to the Constitution and the laws

of the United States. They denied the power of the separate ac-

tion of the Richmond usurpation to sever them from this govern-

ment, and to destroy their right to the enjoyment of the laws of

Virginia as they were. :

I will insert in my remarks, if I should see proper, the resolutions

passed by the convention of the 11th of June, 1861, which reestab-

lished the loval government of Virginia.

. Mr. Speaker, I will remark before I take my seat, that the extent

of territory of West Virginia is larger than some of the old thirteen

States of the Union, embracing some twenty-four thousand square

miles. Its population is larger than some of those old states. We

have a population of three hundred and thirty thousand, giving us,

under the apportionment of 1860, three Representatives upon this

floor, which is all we claim in the pending bill, leaving eight represen-

tatives to the remaining portion of old Virginia. So much for that

matter.

With regard to our revenue, I will add a word. The revenue col-

lected within the boundaries of the new State in 1859 can be stated.

I have no accurate estimates since that year. I hold in my hand the

report of the Auditor, which fixes the revenue in the forty-eight coun-

ties included in the bill of the Senate, for the year 1859, at $620,-

061.39, a sum larger than is collected in many of the old States of

the Union.

Now, sir, there are other considerations why this House should ad-.

mit West Virginia into the Union. The bill ought to be passed at

once as a matter of expediency. It is not a new question with the

people of West Virginia. They have been struggling for it for forty

years. ‘They were on the point of revolution in 1829-30, when East-

ern Virginia yielded a small pittance of the power to them—not

what they were entitled to, but enough to reconcile them for the

moment. In 1850 we were again upon the point of revolution be-

cause we were denied our proper representation in the Legislature of

Virginia. They then yielded to us our proper representation in the

House of Representatives, but they denied them to us in the Senate.

They fixed the Senate upon the mixed basis, as they called it. They

gave us our proper weight in one branch of the Legislature, but in

the other they held the power to control us. As an equivalent for

what they gave us, they retained in the constitution the provision

402 APPENDIX.

that was most oppressive and unjust. They retained a provision that

the Legislature should not tax negroes under twelve years of age at

all. I need not tell you, sir, that the negro population is to be found

in Eastern Virginia. All that valuable class of property, many of

them then worth from a thousand to fifteen hundred dollars—the ne-

groes under twelve years of age—was entirely exempt from taxation,

and the remaining portion of the negro property was only taxed as

property at the value of $300. Although the negroes should bring

more than a thousand dollars it was fixed that they should only be

valued at $300 each. While every article of our property was taxed

at its full value, the negro was almost exempt from taxation. We

protested against it, but we were powerless because they retained

in the Legislature an undue proportion of the representative power.

But, sir, that is not all. They raised—not upon the property in

these negroes—large sums of money for the purpose of constructing

railroads. They collected of the $600,000 a large amount for the

purpose of constructing railroads in Eastern Virginia — railroads

they are now using for our subjugation and for the destruction of

the Union. They built them out of our money. They raised reve-

nue in an undue proportion upon us, and then expended it within

their own localities. A greater outrage was never committed upon

a loyal people. ‘

But, sir, I could assign another reason. Our relations, always un-

friendly and unkind in consequence of their oppression, are doubly

so now, because of our loyalty. We, sir, are the only people within

the limits of a seceded State that declared open resistance to the

revolution. The five hundred delegates who assembled at Wheeling

to inaugurate the project of reestablishing the government of Virgin-

ia upon a loyal basis, went with their lives in their hands. They

were threatened with expulsion from the State. They were threaten-

ed with the gallows. At the time we assembled there the southern

troops were marching with all possibie speed for the purpose of in-

timidating us, and to prevent us from the exercise of our allegiance

to the laws. They were, sir, within fifty or sixty miles from Wheel-

ing. A people never did exhibit more firmness and more determina-

tion than the loyal people of Virginia on that occasion. So far as

we had any intimation from this Government, it was through the

last message of Mr. Buchanan, who denied that it had the right to

coerce a seceded State. Virginia had seceded and annexed herself

to the Southern confederacy; and here were about three hundred

thousand loyal people of Virginia, without any assurance of aid frotn

————

> APPENDIX. 403

this Government, determined that if the policy of the incoming Ad-

ministration should be the same as that of Mr. Buchanan, and would

not give us aid, we would, for the love of the Government of our

fathers, take up arms and resist the southern confederacy ourselves.

And, indeed, we did not know but that this Government, under the

views of Mr. Buchanan, might aid the southern confederacy in sup-

pressing us as an insurrection. It was a new question; but we were

resolved upon one thing, and that was, that if we were-carried out

of the old State of Virginia, and our connection with this govern-

ment broken up, it should be done by force and ut the point of the

bayonet.

How does that people now stand? We have in the field, fighting

for this Government, sixteen regiments raised almost exclusively with-

in the limits of the new State. We have supplied more than our full

quota, and that not by drafting but by volunteering. When the last

requisition was made upon us, we furnished the number promptly.

In my own county and district nearly every fighting man is now in

the army. Are we to be turned back to the old Commonwealth, there

to be oppressed by her to be driven from the borders, if persecution

can drive us from our homes? Many of our citizens say they will

leave the homes of their fathers and seek new homes in the West

unless they can be relieved from this threatened load of oppression

and danger. My advice to them has been otherwise. J have told

them not to run after liberty in another land, but swear by the God

of their fathers that they will bring liberty to their own homes ; and

we will do it by the aid of this Government and the blessing of God, :

and we will be a free people. .

I received this morning from the Legislature of the State of Vir-

ginia, sitting at Wheeling, a dispatch containing a resolution passed

by that body, asking this House to pass the Senate bill just as it

passed the Senate. I had the honor yesterday of presenting peti-

tions from the people of Virginia, numbering some five thousand,

asking tlie same thing. My colleague (Mr. Blair) presented ‘a batch

of similar petitions. There is but one voice among our constituents,

and this is in favor of a division of the State.

Mr. Bingham. Will the gentleman from Virginia allow me to

Say that I am prepared to make # report upon those petitions which

were referred to the Committee on the Judiciary, to the effect that

the prayer of the petition be granted 2

Mr. Brown, of Virginia. I desire to put this House right upon

one further point, and then I will leave this question to the House

404 APPENDIX.

for their final action, so far as I am concerned. It has been asserted,

and understood in some quarters, that the organization of the gov-

ernment at Wheeling was for the purpose of forming a new State.

I am prepared to say that when that convention originally met in

Wheeling, although there were a few radicals there who wanted to

form a new State without reinstating the old State of Virginia, we

voted them down, and commenced the exercise of gur original rights

as freemen to build up the loyal government of Virginia; and, al-

though we designed eventually to ask for this separation, and it was

what we anxiously desired, yet we determined to be a law-abiding peo-

ple, and ask for what we desired through the forms of law. We

think we have brought ourselves within the forms of law, and we

think we have conducted ourselves in such a manner as to recommend

us favorably to the consideration of this body; and now, in the name

of my constituents, and of the loval men of Virginia, I most earnest-

ly appeal to this body to give us the relief we ask, and grant us the

prayer we have made. With these remarks I shall leave’ the case

with the House. The following are among the proceedings of the

convention assembled on the 11th of June, 1861:

A DECLARATION OF THE PEOPLE OF VIRGINIA, REPRESENTED IN CON-

VENTION, AT THE City OF WHEELING,

Tuurspay, JUNE 13, 1861.

The true purpose of all government is to promote the welfare and

provide for the protection and security of the governed; and when

any form or organization of government proves inadequate for or sub-

versive to their purpose, it is the right, it is the duty of the latter,

to alter or abolish it. The Bili of Rights of Virginia, framed in

1776, reaffirmed in 1830, and again in 1851, expressly reserves this

right to a majority of her people. The act of the General Assembly,

calling the convention which assembled at Richmond in February

last, without the previously expressed consent of such a majority, was

therefore a usurpation; and the convention thus called has not only

abused the powers nominally intrusted to it, but, with the connivance

and active aid of the executive, has usurped and exercised other

powers, to the manifest injury of the people, which, if permitted, will

inevitably subject them to a military despotism.

The convention, by its pretended ordinances, has required the peo-

ple of Virginia to separate from and wage war against the Govern-

ment of the United States, and against the citizens of neighboring

APPENDIX. 405

States, with whom they have heretofore maintained friendly, social,

and business relations.

It has attempted to subvert the Union founded by Washington and

his copatriots, in the former days of the Republic, which has confer-

red unexampled prosperity upon every class of citizens, and upon

every section of the country. It has attempted to transfer the al-

legiance of the people to an illegal confederacy of rebellious States,

and required their submission to its pretended edicts and decrees,

It has attempted to place the whole military force and military

operations of the Commonwealth under the control and direction of

such confederacy, for offensive as well as defensive purposes.

It has, in conjunction with the State executive, instituted, where-

ever their usurped power extends, a reign of terror intended to sup-

press the free expression of the will of the people, making elections

a mockery and a fraud.

The same combination, even before the passage of the pretended

ordinance of secession, instituted war by the seizure and appropri-

ation of property of the Federal Government, and by organizing and

mobilizing armies with the avowed purpose of capturing or destroy-

ing the captial of the Union. °

They have attempted to bring the allegiance of the people of the

United States into direct conflict with their subordinate allegiance

to the State, thereby making obedience to their pretended ordinances

treason against the former.

We, therefore, the delegates here assembled in convention to devise

such means and take such action as the safety and welfare of the

loyal citizens of Virginia may demand, having maturely considered

premises, and viewing with great concern the deplorable condition

to which this once happy Commonwealth must be reduced unless

some regular adequate remedy is speedily adopted, and appealing to

the Supreme Ruler of the universe for the recititude of our intentions,

do hereby, in the name and on behalf of the good people of Virginia,

solemnly declare that the preservation of their dearest rights and

liberties, and their security in person and property, imperatively de-

mand the reorganization of the government of the Commonwealth,

and that all acts of said convention and executive, tending to sepa-

rate this Commonwealth from the United States, or to levy and carry

on war against them, are without authority and void; and that the

offices of all who adhere to the said convention and executive, wheth-

er legislative, executive, or judicial, are vacated.

406 APPENDIX.

AN ORDINANCE For THE REORGANIZATION OF THE STATE GOVERN-

MENT, PasseD JUNE 19, 1861.

The people of the State of Virginia, by their delegates assembled

in a convention at Wheeling, do ordain as follows:

1. A Governor, Lieutenant Governor, and Attorney General for

the State of Virginia shall be appointed by this convention, to dis-

charge the duties and exercise the powers whick. pertain to their re-

spective offices by the existing laws of the State, and to continue in

office for six months, or until their successors be elected and quali-

fied; and the General Assembly is required to provide by law for an

election of Governor and Lieutenant Governor by the people as soon

as in their judgment such an election can be properly held.

2. A council, to consist of five members, shall be appointed by

this convention, to consult with and advise the Governor respecting

such matters pertaining to his official duties as he shall submit for

consideration, and to aid in the execution of his ofticial orders. Their

term of office shall expire at the same time as that of the Governor.

3. The Delegates elected to the General Assembly on the 23rd day

of May last, and the Senators enittled under existing laws to seats

in the next General Assembly, together with such Delegates and Sen-

ators as may be duly elected under the ordinances of this convention,

or existing laws to fill vacancies, who shall qualify themselves by tak-

ing the oath or affirmation hereinafter set forth, shall constitute the

Legislature of the State, to discharge the duties and exercise the

powers pertaining to the General Assembly. They shall hold their

offices from the passage of this ordinance until the end of the terms

for which they were respectively elected. They shall assemble in the

city of Wheeling, on the Ist day of July next, and proceed to or-

ganize themselves as prescribed by existing laws, in their respective

branches. A majority in each branch of the members qualified as

aforesaid shall constitute a quorum to do business. A majority of

the members of each branch thus qualified, voting affirmatively,

shall be competent to pass any act specified in the twenty-fourth

section of the fourth article of the constitution of the State.

4. The Governor, Lieutenant Governor, Attorney General, mem-

bers of the Legislature, and officers now in the service of the State,

or of any county, city, or town thereof, or hereafter to be elected or

appointed for such service, including the judges and clerks of the

several courts, sheriffs, commissioners of the revenue, justices of the

peace, officers of the city and municipal corporations, and officers of

—7_"

APPENDIX. 407

the militia, and officers and privates of volunteer companies of the

State, not mustered into the service of the United States, shall each

take the following oath or affirmation before proceeding in the dis-

charge of their several duties:

I Solemnly swear (or affirm) that I will support the Constitution

of the United States, and the laws made in pursuance thereof, as the

supreme law of the land, anything in the constitution and laws of the

State of Virginia, or in the ordinances of the convention which as-

sembled at Richmond on the 13th of February, 1861, to the con-

trary notwithstanding: and that I will uphold and defend the govern-

ment of Virginia as vindicated and restored by the convention which

assembled at Wheeling on the 11th day of June, 1861.

If any elective officer, who is required by the preceding section to

take such oath or affirmation, fail or refuse so to do, it shall be the

duty of the Governor, upon satisfactory evidence of the fact, to issue

his writ declaring the office to be vacant, and providing for a special -

election to fill such vacancy, at some convenient and early day to be

designated in said writ; of which due publication shall be made for

the information of the persons entitled to vote at such elections; and

such writ may be directed, at the discretion of the Governor, to the

sheriff or sheriffs of the proper county or counties, or to a special

commissioner or commissioners to be named by the Governor for the

purpose. If the officer who fails or refuses to take such oath or af-

firmation be appointed by the Governor, he shall fill the vacancy

without writ; but if such officer be appointed otherwise than by the

Governor or by election, the writ shall be issued by the Governor,

directed to the appointing power, requiring it to fill the vacancy.

ArtHur I. Boreman, President.

G. L. Cranmer, Secretary.

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WASHINGTON HALL.

THE BIRTH-PLACE OF WEST VIRGINIA.

the City of Baltimore and the States of Virginia and Maryland, who arrived at the

City of Wheeling on that date, having been carried thither by the first through traln

from the Atlantic Ocean to the Ohio River. It was totally destroyed by fire

November 30, 1876.

r AER TIRE RENE U et aege ia as les he s Ne fe i ta

x

i

HOW WEST VIRGINIA WAS MADE.

PROCEEDINGS OF THE FIRST CONVENTION

OF THE

PEOPLE OF NORTHWESTERN VIRGINIA

— |

WHEELING

MAY 13, 14 AND 15, 1861,

AND THE

JOURNAL OF THE SECOND CONVENTION

OF THE

PEOPLE OF NORTHWESTERN VIRGINIA

AT

WHEELING,

WuicH ASSEMBLED, JUNE 11TH, 1861, AND CoNTINUED IN SESSION

Unti. June 25TH. ApdsgourNeD UntiL August 6TH, 1861.

REASSEMBLED ON THAT DATE, AND CONTINUED IN SEs-

sion Untm Avaust 21st, WHEN IT

ADJOURNED sine die.

WITH APPENDIXES

AND AN

INTRODUCTION, ANNOTATIONS AND ADDENDA

BY

VIRGIL A. LEWIS, M. A.,

STATE HISTORIAN AND ARCHIVIST.

PuBLIcATION Direcrep sy Hon. Wutaam G. Coney, ATTORNEY-

GENERAL OF West Virorn1A, December 1, 1909.

NEWS-MAIL COMPANY

PUBLIC PRINTERS

Charleston, W. Va,

PREFATORY AND EXPLANATORY.

Sources of Information..

Forty-eight years have come and gone since the two Conven-

tions of the people of Northwestern Virginia assembled at

Wheeling in the year 1861, and yet their proceedings were never

printed in book form. The Secretaries of the First Convention,

were Judge Gibson Lamb Cranmer, of Ohio County; Charles B.

Waggener, of Mason County; and Marshall M. Dent, of Monon-

galia County. Judge Cranmer was the Secretary of the Second

Convention, and was the custodian of the manuscript proceed-

ings, journals, and other documents of these Conventions. What

became of this manuscript material? Judge Cranmer died sev-

eral years since. Hon. Granville D. Hall, who was the

stenographic reporter of the proceedings of both these Conven-

tions for the Daily Intelligencer of .Wheeling, and who is still

living, and residing at Glencoe, Illinois, had some correspond-

ence with Judge Cranmer in 1899, concerning the manuscript

material of these Conventions, and he has kindly furnished us

with the following extracts from: letters which he received from

Judge Cranmer, whose home was on Wheeling Island. Under

date of March 28, 1899, he said:

“During the flood of 1884, as you are doubtless aware, I lost my manu-

scripts (which were voluminous,) since when, I have lost courage in

attempting to duplicate them to any extent.”

Under date of December 4, 1899, he said:

“As you are probably aware, the manuscript I had prepared concerning

the re-organizaticn of Virginia, was destroyed in the flood of 1884, to-

gether with my data; and since then I have not undertaken to re-write

a

Under date of December 28, 1899, he said:

“I am not sure whether or not, I have informed you of the disposition

of the papers referred to in your letter of December 4th. Under the in-

structions of the Governor at that time, I shipped all papers and docu-

ments in my possession, as secretary. to Alexandria, Va., at the time

when the seat of government of the re-organized Government of Virginia

was removed to that city.”

Query :-—Were the journals of these Conventions a part of the

manuscript documents sent to Alexandria, at the time of the re-

moval of the seat of Restored Government from Wheeling to that

place in 1863; or were they included in those ruined in the

i eee Ee: BAS SOIT ba: i IH Ee Pag RT emestay

4 PREFATORY AND INTRODUCTORY.

residence of Judge Cranmer on Wheeling Island, at the time of

the great flood in the Ohio river, in February, 1884? Judge

Cranmer does not say whether these journals were included iu

the manuscript material sent to Alexandria in 1863, or in that lost

in his home in 1884. As to this, the fact will in all probability

never be known. The writer has made diligent inquiry at Alex-

andria, and also at Richmond, but found no trace of these jour-

nals; and two years since, was informed by Hon. D. Q. Eggleston,

Secretary of the Commonwealth, that no such documents are in

the possession of the State of Virginia. The inference therefore,

is, that they were lost in the flood referred to by Judge Cran-_

mer. This would indicate that the only records of the Proceed-

ings and Journals of these Conventions, now in existence, are

those printed in the Daily Intelligencer, of Wheeling. This news-

paper was founded in 1852, the first issue thereof appearing on

the 24th of August, that year. Its founders were E. B. Swear-

ingen and Oliver I. Taylor; the latter and Joseph H. Pendleton be-

ing the editors. Later, the publishers were Pendleton and Beatty,

who in 1856, sold the paper to Archibald W. Campbell and John

F. MeDermot, the former becoming the editor-in-chief. He

speedily rose to a prominent place among the newspaper men of

the Ohie Valley, a position which he continued to occupy to the

end of his life. He was a delegate to the Convention which nom-

inated Abraham Lincoln for the Presidency, and the Intelligen-

cer supported him for that position in the ensuing campaign.

There were then, weekly, tri-weekly, and daily editions, the last

being a four-page. twenty-inch, seven-column paper. Its

edit _nost vigorously opposed the secession of Virginia, and

with uke interest, supported the movement of Northwestern

Virginia which resulted in a Restored Government, and the for-

mation of the new State of West Virginia. He gave himself,

without reserve, to the work of educating and preparing the peo-

ple of Northwestern Virginia for the high destiny he had faith

to believe awaited them. On the exchange list of the Intelligen-

cer, were all the other newspapers published in Northwestern

Virgina, and from them a vast mass of history material was re-

produced. Hence its files covering the years of the Civil War

are priceless. But two of these are believed to be in existence;

one being in the public library im the city of Wheeling; the

other in the possession of the State Department of Archives and

+e

PREFATORY AND INTRODUCTORY. 5

History. It is from this last that the Proceedings and Journals

of the two Conventions of 1861, are herewith printed. They are,

no doubt, as accurate, and fuller and more complete, than the

- routine journals kept by the Secretaries of these Conventions.

In addition to the record of routine business, they contain much

of the discussions and debates, with addresses to the people,

and ordinances, and other documents not usually found in

the journals of deliberative bodies. Because of this, they are

far more complete than are the journals of the State Conven-

tion at Richmond a few months before; or is that of the Constitu-

tiona! Convention at Wheeling, a few months later. For these rea-

sons, the files of the Daily Intelgencer are, and must continue to

be, the chief sources of the history of the organization of

the Restored Government of Virginia, and the formation of the

State of West Virginia. From these the following records of the

Proceedings and Journals of the First and Second Conventions

of the peopi» of Northwestern Virginia in 1861, have been accu-

rately transe: ibed; the only changes made being the re-arrange-

ment of the lis’ of delegates, and the use of full given names, in-

stead of initials, in cases where the said names are well known.

When an omitted word or phrase has been supplied, it has

been enclosed in brackets, thus [——-]; and if of an explanatory

character, curves have been used to enclose it, thus (——). In

some instances, abbreviations have been expanded, that their

meaning might be rendered plain.

December 12, 1909. VL. ALL.

CHAPTER I.

INTRODUCTION—EXTRA SESSION OF THE GENERAL ASSEMBLY OF

VircGInia—THE StTatr CONVENTION—ORDINANCE OF SECESSION

—ALIIANCE BETWEEN VIRGINIA AND THE CONFEDERATE STATES

—Anopt1cN OF THE Provis‘toNAL CONSTITUTION OF THESE

SratEs—A ProvISIONAL ARMY—CITIZENS OF VIRGINIA AB-

SOLVED FROM THEIR ALLEGIANCE TO THE UNITED StaTtesS—THE

Srare ADMITTED AS ONE OF THE CONFEDERATE STATES OF

AMERICA.

The New Year—that of 1861—was inaugurated throughout

Western Virginia with as bright a winter day as ever dawned over

this Trans-Allegheny Region. The early morning was sharp and

frosty, but the sun shone out gloriously} and long before noon the

frost, together with the light snow that here and there covered the

earth along the northern hillsides, with other evidences of winter,

were dispelled; and a warm balmy breeze came from the South-

west, as if to complete the delusion that nature had gone back to

the autumn-time again. There was on every hand the same holi-

day appearance as of yore; fire-crackers, torpedoes, the discharge

of fire-arms, cakes, candies, feasting, clean clothes and friendly sal-

utations, with the compliments of the season, in fifty thousand

homes which dotted the wide expanse all the way from where the

Ohio rolls its onward course to the Gulf, across the mountains to

where the waves of the Chesapeake dash against the shore-lands of

Virginia. Thus began in Western Virginia—the year 1861—the

most memorable in all American history.

But, even then differences existed between the South-

ern and Northern sections of the country, which threat-

ened not only to destroy the Union, but to wreck society

itself, and which did produce the most terrible civil war of all time.

On the 20th of the preceding December, South Carolina had adopt-

ed an Ordinance of Secession declaring that the Union hitherto

existing between South Carolina and the other States was dissolved.

8 How West Virginta Was Mabe.

This sentiment spread with great rapidity and by the first of Feb-

ruary, 1861, five other States—Mississippi, Florida, Alabama,

Georgia, and Louisiana — had all taken similar action.

The Senators and Representatives of these States re-

signed their seats in the National Congress and _ re-

turned to their homes to become leaders of the for-

tunes of their people. On the 4th day of February, 1861,

delegates from six of the seceded States assembled at Montgomery,

Alabama, and formed a new Government called the Confederate

States of America. Four days later, this was organized by the

election of Jefferson Davis, of Mississippi, as Provisional President,

and Alexander H. Stephens, of Georgia, as Vice-President.

An Extra Session of the General Assembly of Virginia.

Very soon Virginia became a theatre on which were enacted most

remarkable scenes in the tragedies and dramas of history. Under

the provisions of her Constitution adopted in 1851, the General

Assembly held biennial sessions. The winter of 1860-61, was the

period of vacation. Influenced by the pressure of events, Governor

John Letcher, on the 15th day of November, 1860, issued a procla-

mation convening the General Assembly in extra session, on Mon-

day, January 7, 1861. In this, he said: ‘‘Great excitement pre-

vails in the public mind, and prudence requires that the represen-

tatives of the people of this Commonwealth should take into con-

sideration the condition of public affairs and determine calmly and

wisely what action is necessary in this emergency.”’

In obedience to this proclamation of the Governor, the General

Assembly convened in the Capitol at Richmond, on the date

fixed,— January 7, 1861. In his message to this body, Governor

Letcher said: e

‘‘The proposition for the call of a State Convention, to deter-

mine the position which Virginia shall take, in view of passing

events, appears to have been received with very general favor. As

this subject has been niuch discussed by the people in their pri-

mary meetings, it is not only proper, but it is doubtless expected

that I shall refer to it in this communication. * * * I have

my convictions upon this question, and I give expression to them

in declaring my opposition at this time, to the call of a State Con-

vention. I see no necessity for it at this time, nor do I now see any

good practical result that can be accomplished by it. I do not con-

sider this a propitious time to moot the question, and I apprehend

THE ACTION OF VIRGINIA. 9

from indications that have been exhibited, that serious difficulties

and embarrassments will attend the movement.’

Speedily the views of a majority of the members of the Assembly

became known, and they were at variance with those of the Gov-

ernor. On the second day of the session, that body adopted Resolu-

tion No. 1, relating to the coercion of a State, the text thereof being

as follows:

1. “Resolved by the general assembly of Virginia, that the Union being

formed hy the assent of the sovereign states respectively, and being con-

distent only with freedom and the republican .nstitutions guaranteed to

each, cannot and ought not to be maintained by force.

2. “That the government of the Union has no power to declare or

take war against any of the states which have been its constituent

members.

3. “Resolved, that when any one or more of the states has determined,

or shall detertinine, 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.”2

On the 2ist day of January ensuing, another resolution was

adopted by the Assembly. This was ‘‘Joint Resolution No. 2, con-

cerning the position of Virginia in the event of the dissolution of

the Union’’. It was as follows:

“Resolved by the general assembly of Virginia, That if all efforts to

reconcile the unhappy differences existing between the two sections of

the country shall prove to be abortive, then, in the opinion of the general

assembly, every consideration of honor and interest demands that Vir-

ginia, shall unite her destiny with the Slaveholding States of the

South.”3

The Assembly continued in session until April 4, 1861. Other

resolutions similar to the foregoing were adopted and many acts

of general legislation were enacted.

The State Convention and the Ordinace of Secession.

A majority of the members of the General Assembly differed in

their opinions from that of Governor Letcher, and on the 14th day

of January, but seven days after the session began, an act was

passed providing ‘‘For electing members of a Convention and to

convene the same.’’ Never before in the history of Virginia had

there been a State Convention which had not been authorized by

a majority vote of her people. Now this was changed, the Assembly

assuming the right to provide for and call a Convention. The dele-

. See message of Governor Letcher, pp 21-22—printed in the Senate Journal of

Extra Session of the General Assembly, convened at Richmond, January 7, 1861.

5 Acts of the Generni Assembly—Extra Session convened January 7, 1861—

Pp. 337.

a Acts md the General Assembly—Extra Session convened January 7, 1861.

/

10 How West VireintaA Was Mabe.

gates thereto were to be elected on the 4th of February, 1861, and

at the said election the Commissioners were required to ‘‘Open a

separate poll to take the sense of te qualified voters as to whether

any action of said Convention dissolving our connection with the

Federal Union or changing the Organic Law of the State, shall be

submitted to the people for ratification ; and in order to ascertain

the sense of the voters upon the question aforesaid, the said officers

shall cause to be kept a poll-book to be headed ‘‘Upon the ques-

tion of referring such action to the people for their dezision’’s

which poll-book shall have two columns—the one headed ‘‘For re-

ferring to the people,’’ and the other ‘‘ Against referring to the

people,’’ and the names of those who vote for the former shall be

written under the former heading, and those who vote for the lat-

ter, under the latter heading.”’

The date fixed for the assembling of the Convention was Wed-

nesday, the 13th of February. The number of Delegates was one

hundred and fifty-two, of whom forty-seven were from counties

now included in West Virginia. The Convention assembled on the

date fixed, and on that day there was a memorable scene in

and around the old State House at Richmond. There Virginia had

convened her renowned jurists, profoundest thinkers and literary

characters. There sat ex-President John Tyler, Henry A. Wise,

ex-Governor of the Commonwealth, and many others who had held

high positions in the councils of the State and Nation.

A temporary organization was effected by the election of James

H. Cox of Chesterfield County; and he was escorted to the chair

by George W. Summers and Spicer Patrick, the delegates from

Kanawha County—now in West Virginia. Then William F. Gor-

don, clerk of the House of Delegates, was appoined temporary

Secretary. A permanent organization was declared to he in order

and John Janney, of Loudon County, was elected President. In

his address to the Convention, he said:

‘‘T tender you my sincere and cordial thanks for the honor you

have conferred upon me, by calling me to preside over the delibera-

tions of the most important Convention that has been assembled

in this State since the year 1776 * * * It is not my purpose

to indicate the course which this body will probably pursue, or the

measures it may be proper to adopt. The opinions of today may

all be changed to-morrow. Events are thronging upon us, 3 and we

must deal with them as they present themselves. * *

Gentlemen: There is a flag which for nearly a century been

borne in triumph through the battle and the breeze, ahd which now

THE AcTION oF VIRGINIA. 11

floats over this capitol, on which there is a star representing this

ancient Commonwealth, and my earnest prayer, in which I know

every member of this body will cordially unite, is that it may re-

main forever; provided always that its luster is untarnished. We

demand for our own citizens perfect equality of rights with those

of the empire States of New York, Pennsylvania and Ohio; but

we ask for nothing that we will not cheerfully concede to those of

lwelaware and Rhode Island. * * * :

(entiemen: This is no party Convention. It is our duty on an

s#on like this to elevate ourselves into an atmosphere in which

party passion and prejudice cannot exist—to conduct all our de-

‘erations with calmness and wisdom, and to maintain with firm-

vow. whatever position we may find it necessary to assume.’’

When the President finished his address, John L. Eubank of the

city of Richmond, was elected permanent Secretary. A Committee

on Federal Relations, consisting of twenty-one members, was ap-

pointed February 16, 1861. It consisted of Robert Y. Conrad, of

Frederick County; Henry A. Wise, of Princess Anne County;

Robert E. Seott, of Fanquier County; Wm. Ballard Preston, of

Montgomery County; Lewis E. Harvie, Amelia and Nottaway

Counties; William H. Mefarland, Richmond City; William Mce-

Comas, Cabell County; Robert Montague, Matthews and Middlesex

Counties; Samuel Price, Greenbrier County; Valentine W. South-

all, Albemarle County; Waitman T. Willey, Monongalia County;

James C. Bruce, Halifax County; William W. Boyd, Botetourt and

Craig Counties; James Barbour, Culpepper County; Samuel C.

Williams, Shenandoah County; Timothy Rives, Prince George and

Surry Counties; Samuel McD. Moore, Rockbridge County; George

Blow, Jr., Norfolk City; Peter C. Johnson, Lee and Scott Counties;

John B. Baldwin, Augusta County; John J. Jackson, Wood County

—seventeen from what is now Virginia, and four from what became

West Virginia.

On the same day the President appointed the following Commit-

tee on Elections, viz: Alpheus F. Haymond, of Marion County,

(now in West Virginia) ; William L. Goggin, of Bedford County;

William G. Brown, of Preston County, (now in West Virginia) ;

J. R. Chambliss, of the Greeneville-Sussex Delegate District; Allen

T. Caperton, of Monroe County, (now in West Virginia) ; William

Ambler, of Louisa County; Algernon S. Gray, of Rockingham

County; Eppa Hutton, of Prince William County; John A. Camp-

bell, of Wythe County; William M. Tredway, of Pittsylvania

4. See Journal of the Convention.—pp. 8, 9, 10.

12 How West Virainta Was Mane.

County; and Addison Hall of the Lancaster-Northumberland Del-

egate District.

The business of the Convention was now fairly begun, and reso-

lutions were poured upon the Convention with great rapidity, far

the greater number being referred to the Committee on Federal

Relations. They were expressive of divers sentiments and conflict-

ing opinions. The Governor was requested to furnish the number

ef Enrolled Militia and the number and character of arms distrib-

uted to Volunteer companies. <A select Committee of five was ap-

pointed to report speedily whether any movements of arms or men

had been made by the Federal government to any fort or arsenal

in or bordering on Virginia indicating a preparation for attack or

coercion.

The 18th day of February was set apart for the reception of the

Commisioners appointed by the States of South Carolina, Georgia

and Mississippi, to the Convention to ask the co-operation of Vir-

ginia in establishing and maintaining a government in the seceded

States. The first speaker was Hon. Fulton Anderson, the Commis-

sioner from Mississippi. He began his remarks by a graceful! adula-

tion of Virginia, in attributing to her the honor of leadership

in the struggle for independence with the crown of Great Britain.

He then rehearsed the action of his own State in her secession

from the Union; and closed by saying that Virginia held in her

hands the destiny of a Southern Confederacy, and that by uniting

with her Southern sisters, a revolution would be accomplished,

bloodless and peaceful in its character, and no more threats of

evercion would be heard. Hon. Henry L. Benning, from Georgia,

was next introduced. He urged separation as the only remedy for

existing evils. ‘‘What’’ said he, ‘‘shall influence a nation to enter

into a treaty with another nation?’’ It is, he argued, interest—

material, social, political and religious interest. A long array of

statisties and figures were presented to show how Virginia would

be benefited by joining her fortunes with those of the seceding

States. Then came Hon. John S. Preston, the Commissioner from

South Carolina, who stated that his mission was ‘‘to communicate

to the people of Virginia the causes which have impelled the peo-

ple of South Carolina to withdraw from the United States’. He

believed that the time had come when the slaveholding States

should resume the powers hitherto granted to the General Gov-

ernment. He closed with an earnest appeal to Virginia to assume

that position which her past greatness indicated, and with her

THE ACTION OF VIRGINIA. 13

voice hush the storm of war and keep the ancient glory of her name.

The Commissioners were representative men of their respective

States, and the addresses of all were resplendent with rhetorical

flourish and literary excellence. All portrayed the danger to Vir-

ginia by remaining longer in the Union, and held up to view a

new government of a new nation of which Virginia, should she pass

an Ordinance of Secession, would become the chief corner-stone.

The effect produced by this visit of the Commissioners was indeed

powerful. By resolution, each Commissioner was requested to fur-

nish the manuscript of his address and three thousand copies were

ordered printed for the use of the Convention.

The citizens of many of the eastern counties, in convention as-

sembled, urged the Convention to immediate action. At a meet-

ing in Bedford County, March 6, 1861, the following was adopted:

“Be it resolved, That we will resist any and every attempt at coercion,

and respectfully request our delegates in the Convention to use every

meens ir their power to dissolve the connection of Virginia with the

Federal Government.’’6

At a meeting of the citizens of Smythe County, at their Court-

house, Mareh 9, 1861, they adopted the following:

“Resolved, That the honor, the duty, and the interests of Virginia, im-

peratively demand that she should immediately resume all her rightful

sovereignty and stand prepared for war.’’6

On the 6th of March, Alpheus F. Haymond, Chairman of the

Committee on Elections, reported to the Convention, that returns

from the election held on the 4th of the preceding February, had

been received from all of the counties of the State (except Bu-

ehanan, Cabell, Elizabeth City, Greene, Logan, McDowell and

Wise), and that the total number of votes reported cast, was 145,-

£97, of which 100,536 were in favor of referring the action of the

Convention to the People for ratification or rejection; and 45,161,

against referring to the people.‘

On Saturday, April 13th, it was reported in Richmond that the

South Carolina forces had attacked Fort Sumter, and Governor

Letcher sent a telegram to Governor Pickens of that State, making

inquiry as to whether the report was true. To this the latter re-

plied, saying: ‘‘It is true, and it still continues. No damage to

any on our side or to our works. Great damage to Fort Sumter.’’

Later in the day Governor Pickens sent another telegram saying:

‘“'hat Fort Sumter was bombarded all day yesterday * * *

The war has commenced. Please let me know what Virginia will

See Journal of the Convention—p. 95.

5.

6. See Journal of the Convention—p. 99.

7. See Documents of the Convention—No. IX. p. 6.

14 How West ViraintA Was Mape.

do?’’ To this, Governor Letcher replied by saying: ‘‘The Con-

vention now in session will determine what Virginia will do.’*®

An Ordinance of Secession.

This determination by the Convention was soon reached, as Gov-

error Letcher said it would be. Henceforth there was much con-

fnsion, and excited discussions continued until April 16th, when,

with the Convention in secret session, William Ballard Preston

reported from the Committee on Federal Relations the following

Ordinance :

“AN ORDINANCE TO RFPEAL THF RATIFICATION OF THE CONSTITUTION OF THE

UNITED STATES OF AMERICA, BY THE STATE OF VIRGINIA, AND TO RESUME

ALL THE RIGHTS AND POWERS GRANTED UNDER SAID CONSTITUTION.

The people of Virginia, in their ratification of the Constitution of the

United States of America, adopted by them in Convention on the twenty-

fifth day of June, in the year of our Lord, one thousand seven hundred

and eighty-eight, having declared that the powers granted under the

said Constitution were derived from the people of the United States, and

might be resumed whensoever the same should be perverted to their in-

jury and oppression, and the Federal Government having perverted said

powers, not only to the injury of the people of Virginia, but to the op-

pression of the Southern Slaveholding States.

Now, therefcre, w:. the people of Virginia, do declare and ordain, That

the ordinance adopted by the people of this State in Convention, on the

twenty-fifth day of June, in the year of our Lord, one thousand seven

hundred and eighty-eight, whereby the Constitution of the United States

of America was ratified; and all acts of the General Assembly of this

State ratifying or adopting amendments to said Constitution, are hereby

repealed and abrogated; that the union between the State of Virginia and

the other States under the Constitution aforesaid is hereby dissolved, and

that the State of Virginia is in full possession and exercise of all the

rights of sovereignty which belong and appertain to a free and inde-

pendent State.

And they do further declare, That said Constitution of the United

States of America, is no longer binding on any of the citizens of this

ate.

traits Ordinance shall take effect and be an act of this day, when rati-

fied by a majority of the votes of the people of this State, cast at a poll

to be taken thereon, on the fourth Thursday in May next, in pursuance

or a schedule hereinafter to be enacted.”9

The next day, Wednesday, April 17, 1861, was the most event-

ful one in the annals of Virginia. At 1:30 P. M., a vote was taken

and the Ordinance of Secession was adopted—yeas 88; nays 55—a

majority of 33.

The crisis had been reached and passed, but the result was not

known until the next day. Upon its anncuncement all East Vir-

ginia was wild with excitement. That evening a great mass meet-

ing was held at the Metropolitan Hall in the city of Richmond, and

the following resolutions unanimously adopted :

6 See Journal of the Convention—-pp. 153-155.

9. See Ordinances 0? the Convention—pp. 2-4.

aan SCR

THe ACTION OF VIRGINIA. 15

“Resolved, unanimously, That the thanks of this Convention be cor-

dially tendered to the State Convention for the noble act of patriotic

duty which they have just performed; and forgetting all past dissen-

tions, we will rally with united hearts and hands in defense of the

honor, safety and independence of Virginia, and the Confederate States.”

“Resolved unanimously. That the members of this Convention do here,

in the presence of the Almighty God and of each other, pledge them-

selves and each other, their fortunes and sacred honors, in defense of

their native soil.”10

The same evening Col. S. Bassett French, ‘‘with a heart too full

for utterance’’, enclosed copies of these resolutions to the President

of the Convention, stating that they had been ‘‘adopted by the

people under the deepest sense of their responsibility to Almighty

God and their beloved State.’’ That night bonfires illuminated the

public squares in Petersburg and Fredericksburg, and at interior

towns the booming of cannon fired in celebration of the event, died

away in prolonged echoes along the eastern base of the Blue Ridge.

From the mountains to the sea all was enthusiasm.

A SCHEDULE accompanied the Ordinance of Secession. In

this it was provided that the vote of the people upon the adoption

of said Ordinance should be taken on the fourth Thursday in May

following: That the poll-books used should be headed ‘‘The Ordi-

nance of Secession’’ with two columns, one headed ‘‘For Ratifica-

tion’’ and the other ‘‘For Rejection.’’ That all qualified voters

who might be absent from their county, or corporations in the Mil-

itary Service of their State, might vote for the ratification or re-

jection of the said Ordinance at such place within the encamp-

ment as their Commanding Officer might designate; that the Gov-

ernor should without delay make proclamation of the result, stat-

ing therein the aggregate vote for and against ratification; the

same to be published in the newspapers of the State. The ninth

section of this Schedule read as follows:

“The election for members of Congress for this State to the

House of Representatives of the Congress of the United States, re-

quired by law to be held on the fourth Thursday in May next, is

hereby suspended and prohibited until otherwise ordained by this

Convention’’.™

Alliance Between Virginia and the Confederate States.

On the 18th of April the Convention adopted the following:

“Resolved, That the Governor of this Commonwealth be requested

to communicate, immediately to the President of the Confederate States,

the fact that this Convention, on yesterday, adopted an Ordinance re-

suming the powers delegated by Virginia to the Federal Government,

and to express to the said President the earnest desire of Virginia to

* See Documents ¢ the ——— achteaees » Dp. 6.

See Ordinances of the Convention—p.

as SS ee ee ee Sars

16 How West VirciniA Was Mabe.

enter into an alliance, offensive and defensive, with the said Confederate

States.12

The next day Governor Letcher complied with the request in this

resolution, and in reply thereto, received a telegram from the

President of the Confederate States in relation to an alliance be-

tween them and the Commonwealth of Virginia.“

TELEGRAM FROM THE PRESIDENT OF THE CONFEDERATE STATES.

“To his Excellency, John Letcher,"

Governor of the State of Virginia, &c., &c., &e.

Sir:—In response to your communication, conveying to me on

behalf of the State of Virginia, the expression of the earnest desire

of that Commonwealth to enter into an alliance offensive and de-

fensive with the Confederate States, and being animated by a sin-

cere wish to unite and bind together our respective countries by

friendly ties, I have appointed Alexander H. Stephens,™ Vice

President of the Confederate States, as special commissioner of the

Confederate States to the Government of Virginia; and I have now

the honor to introduce him to you, and to ask for him a reception

and treatment corresponding to his station, and to the purposes for

which he is sent. Those purposes he will more particularly ex-

plain to you.

Hoping that through his agency these may be accomplished, I

avail myself of this occasion to offer to you the assurance of my dis-

tinguished consideration. JEFFERSON Davis.

Montgomery, April 19, 1861.’’

12. See Journal of the Convention—p. 185.

13. See Journal of the Convention—p. 168.

14. See Documents of the Convention, No. 54, p. 3.

15. ALEXANDER H. STEPHENS’ COMMISSION TO TREAT WITH

VIRGINIA.

“Jefferson Davis,

President of the Confederates States of Americ .

TO ALL WHOM THESE PRESENTS SHALL CONCERN, GREETING :16

Know ye, that for the purpose of establishing friendly relations between the Con-

federate States of America and the Commonwealth of Virginia; and reposing special

trust and confidence in the integrity. prudence and ability of Alexander .H.

Stephens, Vice President of the Confederate States of Americu, appointed special

Commissioner of the Confederate States to the Commonwealth of Virginia, I have

invested him with full and all manner of power, and authority for, and in the

mame of the Confederate States, to meet and confer with any person or persons

authorized by the Governmert of Virginia, being furnished with like power and

authority, and with him or them to agree, treat, consult and negotiate of, and

concerning all matters and subjects interesting to both republics; and to conclude

a treaty or treaties, convention or conventions, touching the premises ; transmitting

the same to.the President of the Confederate States for his final ratification, by

and with the advice ard consent of the Congress of the Confederate States.

In testimony whereof, ! have caused the seal of the Confederate States to be

hereunto affixed.

Given under my hand, at the city of Montgomery, this nineteenth day-of April,

A. D. 1861.

By the President : JEFFERSON DAVIS.

ROBERT TOOMBS,

Secretary of State.”

See Documents of the Convention.

16. No. 54 p. 5.

—

THE AcTION OF VIRGINIA. 17

On the 22d day of April, the President of the Convention re-

ported to that body that he had received from the Governor the

credentials of Vice-President Alexander H. Stephens, a special

Commissioner from the Confederate States of America, to the Com-

monwealth of Virginia. The same day Vice-President Stephens

arrived in Richmond, and the next day he addressed the Conven-

tion upon the object of his mission to that city; at the afternoon

session the following was adopted:

“Resolved, That a Committee of five be appointed to confer with the

Hon. Alexander H. Stephens, Commissioner from the Confederate States,

to arrange with him the terms of union or alliance between this State

and the said Confederate States, subject to the ratification of this Con-

vention.” 17 :

In compliance with this resolution the, President of the Conven

tion immediately appointed as members of such Committee, ex-

President John Tyler, of the Charles City-James City-New

Kent Delegate District; William Ballard Preston, of Montgomery

County; Samuel McD. Moore, of Rockbridge County; James P.

Ho!combe, of Albemarle County; and James C. Bruce, of Halifax

County. By a motion, Lewis E. Harvie of the Amelia-Nottaway

Delegate District, was added to the Committee, thus making it to

consist of six members. There was prompt action. In less

than twenty-four hours (on April 24th) ex-President Tyler, Chair-

man of the Committee, reported to the Convention, for its consid-

eration, a convention or agreement entered into between Alexan-

der H. Stephens, Commissioner on the part of the Confederate

States, and the Committee on the part of Virginia. This was as

follows:

CONVENTION

between the

COMMONWEALTH OF VIRGINIA

and the

CONFEDERATE STATES OF AMERICA.

The Commonwealth of Virginia, looking to a speedy union

of said Commonwealth and the other slave States with the Confed-

erate States of America, according to the provisions of the Consti-

tution for the Provisional Government of said States, enters into

27. See Journal of the Convention—p. 189.

18. See Journal of the Ccnvention—-p. 199.

18 How West Virginia Was MADE.

the following temporary convention and agreement with said States

for the purpose of meeting pressing exigencies affecting the com-

mon rights, interest and safety of said Commonwealth and said

Confederacy :

Ist. Until the union of said Commonwealth with said Confed-

eracy shall be perfected, and said Commonwealth shall become a

member of said Confederacy according to the Constitutions of both

powers, the whole military force and military operations, offensive

and defensive, of said Commonwealth, in the impending conflict

with the United States, shall be under the chief control and direc-

tion of the President of said Confederate States, upon the same

principles, basis and footing as if said Commonwealth were now,

and during the interval, a member of said Confederacy.

2nd. The Commonwealth of Virginia will, after the consumma-

tion of the union contemplated in this convention, and her adop-

tion of the Constitution for a permanent Government of said Con-

federate States, and she shall become a member of said Confed-

eracy, under said permanent Constitution, if the same occur, turn

over to said Confederate States all the public property, naval stores

and munitions of war, ete., she may then be in possession of, ac-

quired from the United States, on the same terms and in like man-

ner as the other States of said Confederacy have done in like eases.

3d. Whatever expenditures of money, if any, said Common-

wealth of Virginia shall make before the union under the Provis-

ional Government, as above contemplated, shall be consummated,

shall be met and provided for by said Confederaie States.

This Convention, entered into and agreed to, in the city of Rich-

fnond, Virginia, on the twenty-fourth day of April, eighteen hun-

dred and sixty-one, by Alexander H. Stephens, the duly author-

ized commissioner to act in the matter of the said Confederate

States, and John Tyler, William Ballard Preston, Samuel McD.

Moore, James P. Holeombe, James C. Bruce and Lewis E. Harvie,

parties duly authorized to act in like manner for said Common-

wealth of Virginia—the whole subject to the approval and ratifica-

tion of the proper authorities of both governments respectively.

In testimony whereof, the parties aforesaid have hereto set their

hands and seals, the day and year aforesaid, and at the place afore-

said, in duplicate originals.

Joun TYLER, { Seal. ]

Witi1am Batuarp Preston, ([Seal.]

Samue. McD. Moors,” [Seal.]

James P. Hoicomss, {Seal.]

James C. Bruce, [Seal.]

Lewis E. Harvie, [Seal. }

Committee of the Convention.

ALEXANDER H. STerHens, [Seal.]

Commissioner for Confederate States.

THE ACTION OF VIRGINIA. 19

There was no delay on the part of the Convention. The next

day (on April 25th), the foregoing convention or agreement was, by

that body, fully and completely ratified as follows:

“Be it ordained by this Convention. That the Convention entered into

on the twenty-fourth day of April, eighteen hundred and sixty-one, be

tween Alexander H. Stephens, Commissioner of the Confederate States,

and John Tyler, William “allard Preston, Samuel McD. Moore, James

P. Holcombe, James C. Bruce, and Lewis E. Harvie, Commissioners of

Virginia, for a temporary union of Virginia with said Confederate States,

under the Provisional Government adopted by said Confederate States,

be and the same is hereby ratified and confirmed on the terms agreed

upon by said Commissioners.”19

Constitution of the Provisional Government of the Confederate

States Adopted by the Virginia Convention.

On the same day—April 25th—on which the Convention rati-

fied the agreement between the Commissioner of the Confederate

States, and those on the part of Virginia, it adopted the following:

“An ORDINANCE for the adoption of the Constitution of the Pro-

visional Government of the Confederate States of America:

“We, the delegates of the people of Virginia, in convention assembled,

solemnly impressed with the perils which surround the Commonwealth,

and appealing to the searcher of hearts for the rectitude of our inten-

tions in assuming the grave responsibility of this act, do, by this ordi-

nance, adopt and ratify the constitution of the provisional government

of the Confederate States of America, ordained and established at Mont-

gomery, Alabama, on the eighth day of February, eighteen hundred and

sixty-one; provided, that this ordinance shall cease to have any legal

operation or effect, if the people of this Commonwealth, upon the vote

directed to be taken on the ordinance of secession passed by this conven-

tion on the seventeenth day of April, eighteen hundred and sixty-one,

shall reject the same.”2? ,

Two hundred copies of this Document were ordered printed for

the use of the members of the Convention.

Capture of Government Property—The Organization of a Pro-

visional Army.

On the same day on which the Ordinance of Secession was

adopted the State Government took steps to possess the Government

property within its jurisdiction. The first movement was against

Harper’s Ferry. This was begun in compliance with the follow-

ing telegram:

“General Headquarters,

Adjutant General’s Office, April 17, 1861.

Brigadier General James H. Carson, /6th Brigade,

Frederick County, Virginia.

Sir—You will issue imstant orders to the volunteer force of your bri-

gade, to hold itself? in readiness for service at a moment’s warning, and

19. See Ordinances of the Convention---p. 4

20. See Ordinances of the Virginia Convention—p. 6.

21. See Journal of the Convention—p. 190.

20 How West VireintaA Was Mane.

eupport any movement that may be made by the State troops, upon the

Arsenal and works at Harper’s Ferry. They will probably be joined by

the volunteers of Augnsta and Rockingham, &c. If necessary, you will

assume the command of the entire force.22

By order of the Commander-in-Chief,

WM. H. RICHARDSON. A. G.

The following telegram was sent from Richmond the next day:

“General Headquarters,

Adjutant General’s Office, April 18, 1861.

General Thomas Haymond, Commanding 8rd Division:

The Gevernor directs that you give orders to the volunteer corps, in

your Division, to be ready for service at a moment’s notice, and to the

Brigadier Generals to be prepared for service. That you take measures

effectually to prevent the passage of the Federal or any other troops from

the West, eastward on the Baltimore and Ohio Rail Road.

The Brigadier Generals cf your Division are Buckner Fairfax, of

- Preston County, 10th Brigade: James H. Carson, Frederick County, the

16th; James Boggs, Pendleton County, 18th; C. B. Conrad, Gilmer County,

20th; John J. Jackson, Wood County, 23d; and Bushrod W. Price, Mar-

shall County, 24th: and to them, your orders should be addressed,

premptly.23

By Command. WM. H. RICHARDSON, A. G.”

April 19th—Major-General Kenton Harper, commanding at Har-

per’s Ferry, telegraphed Adjutant-General William H. Richardson,

saying: ‘‘I am forwarding to Winchester, with all dispatch possi-

ble, the arms and machinery at this place, retaining only such of

the arms which are complete, and rescued from the burning, as

are thought necessary to equip the troops, imperfectly armed, as

they come in.””’ * * * There are now about thirteen hundred

men here, and I expect reinforeements to the number of five hun-

dred in a few hours, and I have information of about a thousand

now on the way.’4

April 21st—Flag Officer French Forest, took possession of the

Norfolk and Gosport Navy Yards, together with vessels, steam en-

gines, machinery, tools, supplies, and other property valued at

$2,497,130.92; together with the old and new custom houses at

Norfolk, valued at $207,000.00.%

The same day on which the movement was made against Har-

per’s Ferry,—April 17th—the Convention provided for a State

Military foree. This was done by the adoption of ‘‘An Ordinance

to call the volunteers into the service of the State and for other

purposes.’? This was as follows:

“Be it ordained, That the governor of the commonwealth be and he

is hereby authorized and required to call into the service of the State

as many volunteers as may be necessary to repel invasion, and protect

the citizens of the State in the present emergency, which volunteers he

22. See Documents of the Convention—No. 35 p. 83.

23. See Documerts of the Ccnvention-—No. a p. 85.

24. See Documents of the Corvention, No. 35, 9.

25. See Documents of the Convention, No. 35, — 15-47.

_—

THe AcTION OF VIRGINIA. 21

wil! receive in companies, and organize into regiments, brigades and divi-

sions, according to the force required; and the governor shall appoint

and commission the general, field and staff officers, of said volunteers,

and proceed to have them organized and instructed; and that he shall

immediately invite all efficient and worthy Virginians and residents of

Virginia in the army and navy of the United States to retire therefrom,

and to enter the service of Virginia, assigning to them such rank as

will not reverse the relative rank held by them in the United States

Service, and will at least be equivalent thereto.

“2d. Be it further ordained, That the governor shall repel invasion,

and see that in all things the commonwealth take no detriment; and

shall exercise for this purpose the powers conferred upon him by the

constitution and laws of the state.

“9d. Be it further ordained, That to enable him to carry out the reso-

lution aforesaid, the sum of one hundred thousand dollars be and the

same is hereby appropriated out of any money in the treasury not other-

wise appropriatea.26

On the 19th of April, the office of Major-General of the Military

and Naval forces of the State was created. Three days later Gov-

ernor Letcher nominated Robert E. Lee for this office which was

promptly confirmed by the Convention.” April 27th an Ordi-

nance providing for Enlistment in the Provisional Army was

adopted. It provided that all free, able-bodied, effective men, be-

tween the ages of eighteen and forty-five might be enlisted, and

the enlistment should be binding on minors, provided they be al-

lowed four days to reconsider and retract their enlistment.%

On the 29th of April, five Congressmen were elected to represent

Virginia, in the Provisional Congress of the Confederate States,

about to assemble at Montgomery, Alabama. These were Hon. R.

M. T. Hunter, of Essex county; William C. Rives, of Albemarle

county; Hon. John W. Brockenbrough, of Rockbridge county ; Wal-

ter R. Staples, of Montgomery county ; and Judge Gideon D. Cam-

den, of Harrison county.”

By another Ordinance adopted April 30th, the term of service of

all volunteers called into service under the Ordinance of the 17th

of April, 1861, was twelve months, unless sooner discharged.”

All Citizens of Virginia Absolved from Their Allegiance to the

‘ United States.

On the first day of May, 1861, the Convention adopted its forty-

first Ordinance which was as follows:

“An ORDINANCE to release the Officers, civil and military, and the

citizens generally of the State of Virginia, from all obligations to sup-

26. See Ordirances of the Cenvention—p. 8.

27. See Journal of the Convention—rp. 185, 186.

Bk.

“2. See Ordinances of the Convention—p.

29. See Journal of the Convention—p. 213, 214, and Journal of the Second

Session—pp. 23, 24, 25. 26, 27, 28, 29.

“0. See Ordinances of the Convention—p. 13.

22 How West VirerntA Was Mane.

port the Constitution of the late Confederacy, known as the United

States of America.

“Be it ordained, That all Officers, civil and military, and the people

generally of this State, be and they are hereby released from any and all

oaths which they may have taken to support the Constitution of the late

Confederacy, known as the Unitea States of America; and that said

oaths and the said Constitution are inoperative and void, and of no

effect, and that the eleventh section of chapter thirteen of the Code of

Virginia of eighteen hundred and sixty, be and is hereby repealed.’’31

On the 7th of May, copies of the Ordinance of the Convention,

adopting the Constitution of the Provisional Government of the

Confederate States of America; also of that of the election of Con-

gressmen by the Couvention to represent the State of Virginia in

the Congress of the Confederate States, were read in said Con-

gress.*2

The same day, Hon. Walker Brooke, of Mississippi, announced

to the Confederate Congress the presence of John W. Brocken-

brough and Walter R. Staples, Delegates from Virginia; and on

motion of Hon. Robert B. Rhett, of South Carolina, they were ad-

mitted to seats.%

(N. B.—R. M. T. Hunter took his seat May 10th; and William

C. Rives on May 14th ensuing. Gideon D. Camden never ap-

peared to take his seat.)

A Resolution adopted by the Congress of the Provisional Govern-

ment, ratified the terms of alliance entered into on the 24th of the

preceding April, by and between Alexander H. Stephens, the Con-

federate Commissioner and the Commissioners of Virginia, and the

old Commonwealth was thus formally admitted into the Confederate

States of America May 7th, 1861.%4

A BRIEF SUMMARY—The Convention having adopted an Ordi-

nance of Secession; forbidden the election in the State

of representatives to the Federal Congress; effected an

Alliance, offensive and defensive, between Virginia and

the Confederate States; adopted the Constitution of the

Provisional Government of said States; elected five mem-

bers of the Confederate States Congress, four of whom hastened to

take their seats; released all officers from the oaths they had taken

to support the Constitution of the United States, and absolved all

the people of Virginia from their allegiance to the said United

See Ordinuan:es of the Convention—p. 33.

See Journal of the Provisional Congress of the Confederate States—Vol. I,

6 202.

ae See Journal of the Provisional Congress of the Confederate States—vVol. I,

“34. See Jaurnal of the Provisional Congrezs of the Confederate States. Vol. I,

—

THe AcTION OF VIRGINIA. 23

States; captured the property of the National Government at Har-

per’s Ferry; took possession of the Norfolk and Gosport Navy

Yards ,with the property connected therewith ; occupied the custom-

houses at Norfolk and Richmond ; and made arrangements by which

the State was formally admitted a member of the Confederate

States—the whole done before the time arrived for the people to

vote for the ratification or rejection of the Ordinance of Secession

—the Convention adjourned until June 12th ensuing.

NOTE—The Sessions of this Convention were as follows:

Regular Session began Wednesday, February 13, 1861, and ended May 1, 1861.

First Adjourned Session began Wednesday, June 12, 1861, and ended July 1, 1861.

Second Adjourned Session began Wednesday, November 13, 1861, and ended

December 6, 1861, when it adjourned Sine die.

CHAPTER II.

CONDITIONS IN NORTHWESTERN VIRGINIA—OPPOSITION TO SECES-

sIon—PusLic MEETINGS IN THE INDIVIDUAL CoUNTIES—

UNITED ACTION SECURED BY THE CONVENTION AT CLARKSBURG.

A very large majority of the men of Western Virginia regarded

Secession as ruinous; they did not believe that it was a remedy for

the ills complained of by the men of Eastern Virginia. They 4

therefore determined that if that part of the Commonwealth chose

to cast its fortunes with the seceded States, they would endeavor

to save the Trans-Allegheny Region to the Federal Union. Their

position was that they would do all possible against Secession, and

thereby keep Virginia—all of it—in the Union; but if this could

not be done, then they would, if possible, secure a division of the

Commonwealth. Having determined upon this course, they jias-

tened to give expression to their views, and to act in accordance

therewith. The first public neeting held for the purpose of giv-

ing utterance to these sentiments, assembled at the court-house in

Preston County, on the 12th day of November, 1860—six days after

the Presidential election—and three days before Governor Letcher

issued his proclamation convening the General Assembly in extra |

session. Men of all parties participated in the proceedings. The |

partisans of the two democratic candidates, who had waged a furi-

ous warfare but one short week previously, met in honest and ear- 4

nest council to give expression to their views upon the result of the

late election, and the questions that were rapidly assuming a da.u- :

gerous tendency thereunder. The supporters of the Bell and Ev-

erett ticket joincd in the deliberations, and the few but independ-

ent and active adherents of the successful party added their voice.

After little delay and no discussion, so united were the men of

all parties, that they passed a series of resolutions strongly oppos-

ing Secession, and declaring that any attempt upon the part of the

State to secede, would meet with the unqualified disapprobation

of the people of the couniy.!

A meeting was held in Harrison County, on the 24th day of No-

vember—four days after South Carolina adopted an Ordinance

Movements IN NORTHWESTERN VIRGINIA. 25

of Secession—under circumstances similar to those in Preston

County; and it declared that the people would first exhaust all

constitutional remedies for redress, before they would resort to any

violent measures; that the ballot-box was the only medium known

to the Constitution for a redress of grievances, and to it alone

would they appeal; that it was the duty of all citizens tu uphold

and support the lawfully constituted authorities.

An assemblage of peovle, at the court-house of Monongalia

County, on the 26th of November, in which the acknowledged lead-

ers of all parties took part, resolved unanimously that the election

of the candidates of the Republican party did not justify Seces-

sion, and that the Union of the States was the best guarantee for

the present and future welfare of the people. The people of Tay-

lor County assembled at their court-house on the 3d day of De-

cember, ensuing, and resolved unanimously that they were op-

posed to taking any steps looking to the dissolution of the Union

for existing canses.1

On the 14th of December, 1860, there was a great gathering of

the citizens of Ohio County in the Atheneum in Wheeling; much

enthusiasm was manifested Hon. Andrew Wilson, Mayor of the

city, was called to the chair, and Nathan Wilkinson was appointed

Seeretary. Hon. Sherrard Clemens, member of Congress, was the

orator of the evening and in a speech resplendent with rhetoric and

literary flourish, he portrayed the evils of Secession. A preamble

expressed a strong Union sentiment and the eighth in a series of

resolutions adopted, was as follows:

“Resolved, That we deplore all attempts to abolish or destroy the Con-

stitution of the United States. We do not see that our condition would

be improved, if this were done; on the contrary, we have reasons to fear

that whatever evils we suffer now, they will be greatly increased with

manifold others, ‘that we know not of.’ Of the broken fragments of

our present gloriovs Union, we should despair of building another in

which we could have any confidence. Avowedly a league to be dis-

solved at pleasure or any caprice, passion, disappointment, or supposed

interest of stability could be expected in another Confederacy. Virginia

is bounded by the Ohio river and the state of Pennsylvania for upwards

of 400 miles. A great body of her people reside near the Ohio river,

and on the hills and valleys penetrated by the many streams and rivers

which. enter it. They have their commerce and intercourse chiefly

with the great West; and are deeply interested in preserving the perfect

integrity and Union of the States. We deprecate being placed in the

position of a border frontier, and we think Virginia should hesitate long

before she aids or abcts the disruption of the present Constitution, and

places her people in such position.”2

1. See Hagans “Erection ‘and Formation of West Virginia."—p. 37, printed

in Vol. I, W. Va. Supreme Court Reports.

%. See Wheeling Daily Intelligencer—Dec. 15-16, 1860

a

26 How West VirGIniA Was MapE.

On the 21st of December, a meeting was held at Bethany, the

seat of old Bethany College, in Brooke County, at which a num-

ber of the members of the faculty of that institution took an active

part.* At Hartford City, Mason County, a citizens meet-

ing resolved that the election of Abraham Lincoln in accordance

with the express provisions of the Constitution, was not a just

cause for the dissolution of the American Union.

On January 1, 1861, the largest and most enthusiastic meeting

of citizens that, up to that time, had ever assembled in Wood

County, convened in Parkersburg, and with but one dissenting

voice, adopted the following:

“Resolved, That the doctrine of Secession of a State has no warrant

ip the Constitution, and that such doctrine would be fatal to the Union,

aud all the purpose; of its creation; and in the judgment of this meeting,

Secession is revolution * * * * We are deeply impressed with the con-

viction that our national] prosperity depends on preserving the Union

as it is; and we see nothing in the election of Abraham Linc to the

Presidency of the United States—as much as we may have desired the

election of another—as affording any just or reasonable cause for the

abandonment of whet we regard as the best Government ever yet devised

by the wisdom and patriotism of men. That the result of calling a Con-

vention to consider what position Virginia shall assume in the revolu-

tionary movements of South Carolina, will be the means of precipitating

the State into a connection fatal to her credit, her prosperity and the

happiness of her peopie.’’4

On the 5th of January—two days before the meeting of the Gen-

eral Assembly in extra session at Richmond—a Workingmen’s

Union Meeting assembled at Wheeling; it was the largest that ever

convened within the walls of the Atheneum, the audience being

estimated at three thousand, nearly all of whom were men who

seldom took any part in polities; among the resolutions adopted

were these:

“Resolved, That we will not be bound by the acts of any Convention,

no matter how called or organized, the purpose of which is to alter or

in any manner change the relation which Virginia bears to the GdVern-

ment of the Union.”

“Resolved, Further, That any Convention which may be called, should

take such acticn to amend the Constitution of Virginia as to bar repre-

sentation in the General Assembly upon the free, white popuation of the

cate and ultimately establish the ad valorum principle of taxation as

well for slaves as for other property.”5

At a meeting at Sand Hill, in Marshall County, January 5th,

at which eighty voters were present, it was resolved :

“That we will stand by the Union and resist to the utmost of our

alility, every and all attempts to dissolve the Union; and we _ further

Pledge ourselves not to vote for any man to hold office or represent us,

unless he is in favor of the Union, and will give it his support.’’6

2. See Wheeling Daily Intelligencer—Dec. 22, 1861.

4. See “Vheeling Daily Intelligencer—Jan. 4, 1861. :

5. See Wheeling Daily Intelligencer—Jan. 7.- 1361.

t. See Wheeling Daily Intelligencer—Jan. 9, 1861.

MoveMENTS IN NORTHWESTERN VIRGINIA. 27

On January 7th, a large and enthusiastic meeting of citizens of

Mason County assembled at Point Pleasant, and passed a series

of resolutions strongly favoring the Union, and denouncing the

policy of Secession. The foremost men of the County participated

in the Convention.’

On the 19th of January ensuing—but five days after the Gen-

eral Assembly passed the bill providing for a Convention—a mass

meeting at Clarksburg, in Harrison County, unanimously re-

solved :

“That we.will not support any man who believes that the Convention

to assemble at Richmond on the 12th of February, 1861, or any other

State authority, can ubsolve the citizens of this State from their alle-

giance to the Generali Government: and that we will support no man

who believes that the Federal Government has not the right of self-pre-

servation.’’8

A large number of citizens of Ohio County assembled at West

Liberty, January 19th, and declared that in view of the present

alarming crisis of the Federal Relations of the State, it was the

duty of each citizen of the State to stand by the Union? Two

days later the people of Hancock resolved:

“That in our several capacities as citizens of the United States, and

of this State, we can remain loval to both, but in the event of Secession

being forced upon us. we wil! not recognize any power claimed thereby

to alter or impaiz our ficelity and allegiance to the General Government,

but will resist all such assumed power to the past extremity.’’10

On January 22nd, the citizens of Triadelphia, in Ohio County,

declared by resolution that Virginia had suffered no wrongs at

the hands of the General Government that will afford sufficient pre-

text for open and forcible opposition to the Federal authorities,

and that the election of Mr. Lincoln was in form prescribed by

law, and that they would vote for no man for a seat in the State

Convention, until he pledged himself to vote in that body against

the Secession of Virginia.“

A large mass meeting of the people at Sistersville, in Tyler

County, on January 24th, gave the first utterance to State division

by resolving:

“That in case of the firm determination of Eastern Virginia to secede,

that we will instruct our delegate and pledge him to stand by the Union

in every emergency. And that if Eastern Virginia secedesi2 we are in

7. See Cincinnati Commerctal—Jan. 8, 1861.

8. See Wheeling Daily Intelligencer—Jan,. 24, 1861.

~. See Wheeling Daily {ntelligencer—Jan. 22, 1561.

10. See Wheeling Daily Intelligencer—Jan. 26, 1861.

11. Ses Wheeling Daily Intelligencer—Jan. 24, 1861.

> # RESOLUTION OF HON. JAMES BUPLEY, THE DELEGATE FROM MARSHALL COUNTY,

IN THE RICHMOND CONVENTION, MAKCH 16, 1861.

Mr. Burley who sought to know why, if Virginia seceded from the

Union, one part of a State might not separate from the other part,

28 How West ViraintA Was MADE.

favor of striking West Virginia from Eastern Virginia and forming @

State independent of the South. and firm to the Union.”18

On the 26th of January, a large number of voters assembled at

Cameron, in Marshall County, and declared that it was ‘‘their duty

as well as interest to make their sentiments known, and they are,

that we are unfaltering in our devotion to the Union as bequeath-

ed our fathers; that the Union and Constitution have committed

no wrong, but have secured most graciously and admirably in our

mission, and continue so to do, if they are maintained.’’!*

On January 29th, a County Convention in Ohio county, declared

as follows: ;

“In the name and on behalf of the people of Ohio County, we do sol-

emnly declare and say “That the unity of Government which constitutes

one people, is still dear to us. It is a pillar in the edifice of our real

independence; the support of our tranquility at home—our peace abroad;

9 ats safety, of our prosperity; of that liberty which we so _ highly

prize.’’15

Another meeting in that county on the same day resolved:

“That we are loyal to ghe Constitution and the Union of the United

States, but we are unalterably opposed to Secession as being a doctrine,

in our opinion wholly unauthorized by the Constitution as In no degree

a remedy for any of the evils of which we complain; whatever may be

the doctrine of the Convention as to coercion.16

On February , 1861, a meeting of the citizens of Brooke

county resolved :

“That of all the people of these United States, we, the people of the

so called Pan-handle Region of Virginia, are the most to be affected by

the Secession of this State. By it we would be put in an “inferior con-

dition to these herein mentioned,” and subject only to taxation to sup-

port a Government in the extreme South, in which we have no interest

in common with the people.’’17

submitted a series of resolutions of which the following was the last;

this, on his motion, was laid on the table, and ordered to be printed:

“Resolved, That the right of revolution ahove recognized can be exercised as well

by a portion of the citizens of a State against their State government, as it can

be exercised by the whole people of a State against their Federal Government; and,

when the powers of a State Government are used for purposes of unjust discrimi-

nations against a portion of the citizens or a particular section of the State, in

imposing upon one portion or section an undue proportion of the burdens of

the State Government, and in exempting frora taxation a peculiar species of prop-

er‘y belonging, to a great extent, to ancther portion of the citizens and located

mostly in another section of the State, thus increasing taxation upon alli other

intvrests in order to favor a “peculiar interest’’; the people thus oppressed after hav-

ing exhausted all constitutional efforts to obtain redress, would be justified in resisting

the collection of al! revenue from them until the injustice aforesaid was removed.

And that any change of the relation Virginia now sustains to the Federal Govern-

ment, against the wishes of even a respectable minority of her people, would be

such an act of injustice perpetrated upon the rights of that minority as to justify

tiem in changing their relation to the State Government by separating themselves

from that section of the State that had thus wantoaly disregarded their interests

and defied their wi!l—particularly when the cause assigned for the change of Vir-

ginia’s relation to the said Fedetal Government is the alleged insecurity in the said

last mentioned Government of the peculiar species of property thus protected by

the organic law of the State from contributing its due share to the support of tho

gaid State Government 0) prohibiting the taxing of a large portion of said

property, and limiting the portion subject to taxation to a specific tax far less

than that imposed upon every other species of froperty.’’ See Journal of the Con-

vention—March 16, 1861. p. 104.

18. Published in the Plain Dealer and copied into the Wheeling Daily Intellli-

gencer—fFep. 4, 181.

14. See Daily Intelligencer——Jan. 29, 1861.

15. See Daily Intelligencer—Feb. 1, 1861.

16. See Daily Intelligencer—Jan. 30, 1861.

i7. See proceedings of mecting in Wellsburg Herald, copied into Wheeling Intelll-

gencer, Feb. 4, 1861.

29

As stated in Chapter I, page 14, the Convention sitting at Rich-

mond, adopted an Ordinance of Secession, April 17, 1861. We

have seen that because of this action on the part of the Conven-

tion, there was great rejoicing not only in Richmond, but through-

out all Eastern Virginia. But, how different were the conditions

in Northwestern Virginia. There anxious thousands impatiently

awaited intelligence from the capital city on the James. But none

came, for at that time, there was but one line of telegraph con-

necting the East with the West and that night—April 18th—it

was broken at Harper’s Ferry. On the streets of Morgantown,

Clarksburg, Weston, Parkersburg, Wheeling, Wellsburg, and

other towns, earnest men looked each other in the face to see

reflected back an expression of the feeling which agitated their

own breasts. Nothing definite was known in some of the counties

until the arrival home of delegates from Richmond. Then a thrill

of excitement shook the country from the Alleghenies to the Ohio,

and but a few days sufficed to fan into flame the sectional jealous-

MovEMENTS IN NORTHWESTERN VIRGINIA.

ies of other years.

As previously stated, there were forty-seven members in that

Convention representing counties in Western Virginia—now West

Virginia. They were as follows, that is to say, from:

Barbour County—Samuel Woods.

Berkeley County—Allen C. Ham-

mod and Edmund Pendleton.

Brarton, Nicholas, Clay and Web-

ster—Benjamin W. Byrne.

Brooke County—Campbell Tarr.

Codell County—Wm. McComas.

Doddridge and Tyler—Chapman J.

Stuart.

Logan, Boone and Wyoming—James

Lawson.

Marion County—Alpheus F. Hay-

mond and Ephraim B. Hall.

Marshall County—James Burley.

Mason County—James H. Couch.

Mercer County—Napoleon B.

French.

Monongalia County—Waitman 7.

Willey, and Marshall M. Dent.

Fayette and Raleigh—Henry L.

Gillispie.

Gilmer, Wirt and Calthoun—C. B.

Conrad.

Greenbrier County—Samuel Price.

Hampshire County—Edward M.

Armstrong and David Pugh.

Hancock County—George McC. Por-

ter.

Hardy County—Thomas Maslin.

Harrison County—John S. Carlile

and Benjamin Wilson.

Jackson and Roane—Franklin P.

Turner.

Jefferson County—Alfred M. Bar-

bour and Logan Osburn.

Kanawha County—George W. Sum-

mers and Spicer Patrick.

Lewis County—Caleb Boggess.

| Monroe County—Allen T. Caperton

and John Echols.

Morgan County—Johnson Orick.

Ohio County—Sherrard Clemens

and Chester D. Hubbard.

Pendleton County—-Henry H. Mas-

ters.

Pocahontas County—Paul McNeil.

Pleasants and RKichie—Cyrus Hall.

Preston County—Wm. G. Brown

and James C. McGrew.

Putnam County—James W. Hoge.

Randolph and Tucker—John N.

Hughes.

Taylor County—John S. Burdett.

Upshur County—George W. Berlin.

| Wayne County—Burwell Spurlock

| Wetzel County—Leonard S. Hall.

Wood County—John J. Jackson.

30 How West VirerstA Was MADE.

Of these members from what became West Virginia those voting

against the Ordinance of Secession, were:

Edward M. Armstrong, George W. Berlin, Caleb Boggess, Wm.

G. Brown, John S. Burdett, James Burley, Benjamin W. Byrne,

John 8. Carlile, Sherrard Clemens, C. B. Conrad, James H. Couch,

Alpheus F. Haymond, Chester D. Hubbard, John J. Jackson, Wm.

MeComas, James ©. MeGrew, Henry H. Masters, Logan Osburn,

Spicer Patrick, Edmund Pendleton, George McC. Porter, Samuel

Price. David Pugh, Marshall M. Dent, Ephraim B. Hall, Allen C,

Hammond, James W. Hoge, Burwell Spurlock, Chapman J. Stu-

art, George W. Summers, Campbell Tarr and Waitman T. Willey

—thirty-two in all.

Those voting for the Ordinance were:

Allen T. Caperton, John Echols, Napoleon B. French, James

Lawson, Johnson Orick, Henry L. Gillispie, Cyrus Hall, Leonard

S. Hall, John N. Hughes, Samuel Woods and Franklin P. Tarner—

eleven in all. ,

Those not voting upon the question were Thomas Maslin, Ben-

jamin Wilson, Alfred M. Barbour and Paul MecNeil—four in all.

Those who voted in the negative and afterward changed to the

affirmative, were George W. Berlin and Alpheus F. Haymond.

Those who did not vote, but afterwards signed the Ordinance of

Secession, were Alfred M. Barbour and Paul MeNeil.

The Western members who voted against the Ordinance hasten-

ed to leave Richmond. John S. Carlile departed for his home in

Harrison County, the evening of the same day on which the vote

was taken. The next day there was a meeting of delegates from the

Western part of the State. in the room of Sherrard Clemens at the

Powhatan (now Ford’s) hotel in the city, to determine upon a

course of action. Among those present were James Burley, Sher-

rard Clemens, Marshall M. Dent, Ephraim B. Hall, Chester D.

Hubbard, John J. Jackson, James C. McGrew, Spicer Patrick,

Chapman J. Stuart, George MeD. Porter and Campbell Tarr. Nei-

ther Waitman T. Willey nor William G. Brown was present, they

not having been present when the call was made for the hurried

gathering. General Jackson acted as chairman; and _ it was re-

solved that all should leave the Convention city for their homes on

the first train, proceeding by way of Alexandria and Washington,

Chester D. Hubbard and Sherrard Clemens, the latter of whom

was stil suffering from a wound received in a duel with O. Jen-

nings Wise, proceeded to Baltimore, and thence by way of Har-

MoveMENTS IN NORTHWESTERN VIRGINIA. 31

risburg and Pittsburg to Wheeling, where they arrived on the

19th of April. Waitman T, Willey, William G. Brown, Caleb

Boggess and others speedily reached their homes over the Balti-

more and Ohio Railroad. A day or two later George W. Summers,

‘James H. Couch, James W. Hoge and others left Richmond for

their homes by way of Staunton and Lewisburg; and thus the

membership from the Western part of the State was greatly re-

duced.'8

in” ViRGINIANS EXPELLED ‘FROM THE CONVENTION—VACANCIES

As stated elsewhere. the State Convention at Richmond held one Regular Session

and two Adjourned Sessions. The kegilar Session began Wednesday, February 12,

18¢1, and ended July }. 1861. The Secrnd Adjourned Session began Wednesday,

November 12. 1861, and ended December 6, 1861. -

On Thursday, June 20, 1861, Alpheus F. Haymond, one of the Delegates from

Marion County, West Virginia, and Chairman of the Committee on Elections and

lrivileges. presented a “Report in Relation to Abcent Members’’ in which it was

sited that this Committee “had come to the following conclusions and observa-

tions, to-wit-

First, As to the members ef the Convention who are absent: Caleb Boggess, of

Lewis county; Sherray Clemens, of Ohio county; John Echols, of Monroe coun-

ty: James W. Hoge otf Putnam county: Thomas Maslin, of Hardy county; Spicer

Patrick. of Kanawha connty; Edmurd Perdieton, of Berkeley county; Burwell

Snurlock® of Wayne county; Frenklin P. Turner, of Jackson county; and Benjamin

Wilson, of Harrison county, who have not as yet attended the Convention during its

present session (the first adjourned session) ; some are in the fleld serving the State;

some are detained on account of sickness, and others ure absent from causes unknown

to the Committee. It has not been able to ascertain that these members are absent

from their seats by reason of disloyalty to Virginia or sympahy with her enemy.

Secondly, As to certain other absent members :—It appearing to the satisfaction

of the Committee that William G. Brown and James C. McGrew, of Preston county ;

James Burley, of Marschall county; John ‘S. Burdett ,of Taylor county; John

S. Cariile, of Harrison county; Marshall M. Dent and Waitman T. Willey, of

Monongalia county ; Chester D. Hubbard, of Ohio county; George McC. Porter. of

Hancock county; Chapman J. Stuart, of Doddridge county; Campbell Tarr, of

Brooke county; and John J. Jacksen, of Wood county, elected members of this Con-

vention, have been engaged in a conspiracy against the Commonwealth of Virginia,

and are now engaged in aiding and abetting the open evemies of Virginia :—There-

fore, RESOLVED, That the said William G. Brown, John S. Burdett, John S. Carlile,

Marshall M. Dent, Waitman T. Willey, Chester D. Hubbard, John J. Jackson, George

McC. Porter, Chapman J. Stuart and Campbell Tarr, be and they are hereby expelled

from this Convention and that their seats be and are hereby declared vacant.

Thirdly, The Committee further report that James H. Couch, of Mason county ; and

George W. Summers, of Kanawha county, have resigned their seats; that elections

to fill their vacancies have been held, but official information has not been received

as to who is elected. .

On motion, the Report was laid on the table, ordered printed, and the Committee in-

structed to report the tesimony on which the Report was based. See Journal of the

Convention. Vol. I, P. 257: and Documents No. XXVII, of the Convention.

On June 28th, the Resolution in the above Report came up for action. A division

of the question was @emanded and ordered The next day the name of Wil-

liam G. Brown, of Preston county, was called and he was expelled by a vote of seven-

ty-three yeas to eleven nays. Then James Burley and John S. Burditt were ex-

pelled the same day the vote standing eighty-five yeas; nays one. Next came the

name of John 5S. Carlile who was expelled, the vote being eighty-two yeas; nays one.

Then the seats of Marshall M. Dent, Ephraim B. Hall, and Chester D. Hubbard were

declared vacant, John J. Jackson was exyelled at the game time, the vote sanding

lution so far as it related to James C. McGrew, George McC. Porter, Chapman J.

Stuart and Campbell Tarr, and they were expelled. Mr. Haymond of Marion county,

the chairman of the Comraittee, then moved that so much of the Resolution #8 re-

lated to Waitman T. Willey be recommitted to the Committee, This was om Set.

urday, June 29th, and on Monday, July ist, the Convention adjourned to mee again

on the 13th of November elsulns.

It reassembled at the time, t is being the beginning of the second adjouried ses-

sion. Three days later—November 16th—the Convention adopted the following

resolution :

“Resolved, That Waitman T. Willey be and he is hereby expelled as a member of

this body on account of his disicyalty to the Confederate States and his adherence

to the enemies of the same * (See Journal of the Convention, Vol. I, p. 326.) Mean-

time, John N. Hughes, the delegate from Randolph county, had been killed in the

Confederate army at the Battle of Rich Mountain, July ii, 1861.)

32

How West Virewi, Was Mane.

By the 20th of April a number of the returned delegates from

the Northwest were narrating to great gatherings of interested

hearers their recent experiences, and urging them to prepare for

resistance of the Secession movement at the ballot-box, on the fol-

lowing 23rd of May. Now it was that there began a series of meet-

ings which have no parallel in the history of our country, nor else-

‘where, unless it be the citizen assemblies in the early days of the

French Revolution ; and this too, in a sparsely settled region where

the facilities for convening were of the most primitive character.

At an immense mass meeting in Monongalia County, April 22d,

at which Hon. Francis H. Pierpont and Hon. William G. Brown

were the orators: it was resolved that:

The time had come when every friend of the Union should rally to

the support of the flag of his country, and defend the same; that the

people of Monongalia. regardless of past affiliations, hereby enter their

solemn protest against the Secession of the State; and that they owed

undying fidelity to the Union: and that they would cling to it despite

November 18th, Mr. aapment reported Document No. 34, which provided for filling

vacancies in the membership of the Convention. During the recess between July ist

and November 13th, elections were held In the Centederate military camps, from t

West Virginia counties, in b og there were vacancies, and the soldiers voted ee

successors to the members who had been expelled. Six soldiers from Marion county

voted at the Court House in Richmond and elected a successor to Ephraim B. Hall.

eum, the 19th of November the Convention adopted a Preamble and Resolution as

a ?

_ ‘ana Whereas, These vacancies could not be filled in the mode prescribed by law,

in consequence of the occupation of said counties by the public enemy—

“And Whereas, The Governor in order to provide for the exigency, issued a procla-

mation (advisory in its perenne inviting the loyal citizens of those counties to

vote in their respective camps for delegates to fill these vacancies. Under said

roclamation, elections were accordingly held in several camps, at which elections

poy H. Pendleton was chosen es the successor of Chester D. Hubbard of Ohio

shall M. Dent of = county ; Robert ‘Cow and C. J. Cresap

William G. Brown and James C. MeGrew, respective’ Preston county; John A

Robinson to succeeed J S. Burdett of Taylor county; William P. euc-

John S. Carlile of Harrison county ; ard

of the Randolph- .

“ it Th Ordained, That elections be and the same are hereby ratified,

5 said Jos "Seoeg h H. Pendleton, Joseph D. Pickett, Jefferson T. Martin, Jonathan

was laid on t le.

deavored secure action on this Report, but was unable so. Two later

A"ras pani called” wp. but, ction Danponed, Tt was the last Gay of the Genven:

tion and matter was nevermore heard

MovEMENTS IN NORTHWESTERN ViIRéINIA, 33

the efforts of the people of Eastern Virginia to precipitate them into

the gulf of Secession, and consequent ruin.19

By a great mass meeting of the citizens of Wetzel County, at

New Martinsville, April 22d, it was resolved :

“That Secession is not the remedy for the troubles so unfortunately

resting wpon our country, and we believe it would be for the interest of

Virginia to remain in the Union, believing that our rights can be main-

tained in the Union, but that they will certainly be erdangered out of it.”

Purther, they resolved, “That the Union sentiment of this people is such

that we pledge our votes against any act of Secession which would sever

us as a State from the Federal Government.”20

THE CONVENTION AT CLARKSBURG IN HARRISON

COUNTY—CALL FOR UNITED ACTION.

All had been independent action in the individual counties, but

now they were to act together. It remained for a call for united

action to go out from Clarksburg—the birthplace of Stonewall

Jackson. There, on Monday, April 22d, 1861, nearly twelve hun-

dred citizens of Harrison County convened in compliance with a

call issued forty-eight hours previously. The Convention was or-

ganized by the election of John Hursey, as Chairman, and John W.

Harris, Secretary. There were eminent speakers present, and

great enthusiasm prevailed. Before adjournment, Hon. John S.

Carlile, submitted the following preamble and resolutions which

were adopted without a dissenting voice a

PREAMBLE AND RESOLUTIONS.

WHERBAS, The Convention now in session in this State, called by the

Legislature. the members of which had been elected twenty months before

said call, at a time when no such action as the assemblage of a conven-

tion by legislative enactment was eontemplated by the people, or expected

by the members they elected in May, 1859, at which time no one antici-

pated the troubles recently brought upon our common country by the

extraordinary action of the State authorities of South Carolina, Georgia,

Alabama, Mississippi, Florida, Lovisiana, and Texas, has, contrary to the

expectation of a large majority of the people of this State, adopted an

ordinance withdrawing Virginia from the Federal Union. .

And WHEREAS, By the law calling said Convention, it 1s expressly de

clared that no such ordinance shall have force or effect, or be of binding

obligation upon the people of this State, until the same shall be ratified

by the voters at the poiis.

And WHEREAS, We have seen with regret that demonstrations of

hostility, unauthorized by law, and inconsistent with the duty of law-

abiding citizens, still owing allegiance to the Federal Government, have

been made by a portion of the people of this State against the said

Government.

And WHEREAS, The Governor of this Commonwealth has, by pro-

slamation, undertaken to decide for the people of Virginia, that which

they have reserved to themselves, the right to decide by their votes at

the polls, and has called upon the volunteer soldiery of this State to re-

port to him and hold themselves in readiMess to make war upon the

19. ooo Weanee “rection and Formation of the State of West Virginia.” p. 39.

20. See ing Daily Intelligencer—April 25, 1 !

* See J. H. Diss Debar’s “Hand-Book of West Virginia,” pp. 13, 14, 15. Also

the Wheeling Daily Intelligencer of April 26. 1861. ;

84 ! How West Viretnia Was Mabe.

Federal Government, which Government is Virginia’s Government, and

must in law and of right continue so to be, until the people of Virginia

shall, by their votes, and through the ballot-box, that great conservator

of a free people’s liberties, decide otherwise.

And WHEREAS, The peculiar situation of Northwestern Virginia, se-

parated as it is by natura) barriers from the rest of the State, pre-

cludes all hope of timely succor in the hour of danger from other por-

tions of the State, and demands that we should look to and provide

for our own safety in the fearful emergency in which we now find our-

selves placed by the action of our State authorities, who have disregarded

the great fundamental principle upon which our beautiful system of

Government is based, to-wit: “That all governmental power is derived

from the

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