WILLIAM «. CONLEY, 
 ATTORNfY CENERAL 
 
1 
 

 8.- 
 
 
 
WASHINGTON HALL. 
 
 THE BIRTH-PLACE OP WEST VIRGINIA. 
 
 This building stood on the northeast corner of Market and Monroe streets — now 
 Market and Twelfth streets — Wheeling. Within it, on the second floor, the Conven- 
 tions of 1861, which reorganized the Government of Virginia and provided for the 
 formation of West Virginia, held their sessions. It was erected in 1851 by a corpor- 
 ation known as theWashington Hall Association, at a cost of $46,000.00. It was first 
 opened on January 1, 1853, when the citizens of Wheeling gave a banquet in honor 
 of the President of the Baltimore and Ohio Railroad, together with his guests from 
 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 train 
 from the Atlantic Ocean to the Ohio River. It was totally destroyed by fire 
 November 30, 1876. 
 
 
. HOW WEST VIRGINIA WAS MADE. . 
 
 PROCEEDINGS OF THE FIRST CONVENTION 
 
 OF THE 
 
 PEOPLE OF NORTHWESTERN VIRGINIA 
 
 AT 
 
 WHEELING 
 
 MAY 13, 14 AND 15, 1861, 
 
 AND THE 
 
 JOURNAL OF THE SECOND CONVENTION 
 
 OF THE 
 
 PEOPLE OF NORTHWESTERN VIRGINIA 
 
 AT 
 
 WHEELING, 
 
 Which Assembled, June 11th, 1861, and Continued in Session 
 Until June 25th. Adjourned Until August 6th, 1861. 
 Reassembled -on th at HatE,;Aitd Continued in Ses- 
 Sio^-ULtil-Auguot 21st, AYhen it 
 - ; ; s ; : vVDJOtisipi'D; &me ‘diS. 
 
 WITH: APPENDIXES 
 
 AND AN 
 
 INTRODUCTION, ANNOTATIONS AND ADDENDA 
 
 BY 
 
 VIRGIL A. LEWIS, M. A., 
 
 STATE HISTORIAN AND ARCHIVIST. 
 
 Publication Directed by Hon. William G. Conley, Attorney- 
 General of West Virginia, December 1, 1909. 
 
c n c j. c 
 
 L STf 
 
 fife 
 
 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 18S4, 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-organization of Virginia, was destroyed in the flood of 1884, to- 
 gether with my data: and since then I have not undertaken to re-write 
 it.” 
 
 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 
 
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 in 
 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 yeai's 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. McDermot, the former becoming the editor-in-chief. He 
 speedily rose to a prominent place among the newspaper men of 
 the Ohio 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 
 editor most vigorously opposed the secession of Virginia, and 
 with like 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 in the city of Wheeling; the 
 other in the possession of the State Department of Archives and 
 
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- 
 tional Convention at Wheeling, a few months later. For these rear 
 sons, the files of the Daily Intelligencer 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 people of Northwestern Virginia in 1861, have been accu- 
 rately transcribed; the only changes made being the re-arrange- 
 ment of the list 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. 
 
 V. A. L. 
 

 
 
CHAPTER I. 
 
 
 Introduction — Extra Session op the General Assembly op 
 Virginia — The State Convention — Ordinance op Secession 
 — Aliiance Between Virginia and the Confederate States 
 — Adoption op the Provisional Constitution op These 
 States — A Provisional Army — Citizens op Virginia Ab- 
 ■ solved prom Their Allegiance to the United States — The 
 State Admitted as one op the Confederate States op 
 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 Vieginia Was Made. 
 
 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: 
 
 “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 much 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 oe Virginia. 
 
 9 
 
 from indications that have been exhibited, that serious difficulties 
 and embarrassments will attend the movement.” 1 2 3 
 
 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 by the assent' of the sovereign states respectively, and being con- 
 sistent only with freedom and the republican institutions 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 
 make 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 determine, under existing circumstances, to withdraw from the 
 Union, we are unalterably opposed to any attempt on the part of the 
 federal government to coerce the same into re-union or submission, and 
 that we will resist the same by all the means in our power.”2 
 
 On the 21st day of January ensuing, another resolution was 
 adopted by the Assembly. This was “Joint Resolution No. 2, pon- 
 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 he 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- 
 
 1. 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. 
 
 2. See Acts of the General Assembly— Extra Session convened January 7, 1861— 
 p. 337. 
 
 3. See Acts of the General Assembly — Extra Session convened January 7, 1861. 
 p. 337. 
 
10 
 
 How West Virginia Was Made. 
 
 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 the 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 he 
 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 decision”; 
 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 be in order 
 and John Janney, of Loudon County, was elected President. In 
 his address to the Convention, he said: 
 
 “I 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 to-day may 
 all be changed to-morrow. Events are thronging upon us, and we 
 must deal with them as they present themselves. * * * 
 
 Gentlemen : There is a flag which for nearly a century has been 
 borne in triumph through the battle and the breeze, and 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 
 Delaware and Rhode Island. * * * 
 
 Gentlemen: This is no party Convention. It is our duty on an 
 occasion like this to elevate ourselves into an atmosphere in which 
 party passion and prejudice cannot exist- — to conduct all our de- 
 liberations with calmness and wisdom, and to maintain with firm- 
 ness, whatever position we may find it necessary to assume.” 4 
 
 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. Scott, of Fauquier County; Wm. Ballard Preston, of 
 Montgomery County; Lewis E. Harvie, Amelia and Nottaway 
 Counties; William H. Mcfarland, Richmond City; William Mc- 
 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. Biown, of Preston County, (now in West Virginia) ; 
 J. R. Chambliss, of the Green eville-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 t.he Convention. — pp. 8, 9, 10. 
 
12 
 
 How West Virginia Was Made. 
 
 County; and Addison Hall of the Lancaster-Northumberland Del- 
 egate District. t 
 
 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 
 of 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 
 coercion 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 
 statistics 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. 
 
 IS 
 
 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 
 means ir. their power to dissolve the connection of Virginia with the 
 Federal Government.”5 
 
 At a meeting of the citizens of Smythe County, at their Court- 
 house, March 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- 
 chanan, Cabell, Elizabeth City, Greene, Logan, McDowell and 
 'Wise}, and that the total number of votes reported cast, was 145,- 
 697, of which 100,586 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. 6 7 
 
 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 SumUr. ’ ’ 
 Later in the day Governor Pickens sent another telegram saying: 
 “That Fort Sumter was bombarded all day yesterday # * » 
 
 The war has commenced. Please let me know what Virginia will 
 
 6. See Journal of the Convention — p. 9S. 
 
 G. See Journal of the Convention — p. 99. 
 
 7. See Documents of the Convention — No. IX. p. 6. 
 
14 
 
 How West Virginia Was Made. 
 
 do?” To this, Governor Letcher replied by saying: “The Con- 
 
 vention now in session will determine what Virginia will do.” 8 
 
 An Ordinance of Secession. 
 
 This determination by the Convention was soon reached, as Gov- 
 ernor Letcher said it would be. Henceforth there was much con- 
 fusion, 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 repeal the ratification of the constitution of the 
 
 UNITED STATES OF AMERICA, BA' 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 hy 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 he 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, hut to the op- 
 pression of the Southern Slaveholding States.* 
 
 Now, therefore, we. the people of Virginia, (lo declare and. ordain, That 
 the ordinance adopted hy the people of this State in Convention, on the 
 twenty-fifth day of June, 1 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 
 State 
 
 This Ordinance shall take effect and he 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 
 of 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, hut the result was not 
 known until the next day. Upon its announcement all Bast 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 : 
 
 b See Journal of the Convention— pp. 153-155. 
 9. See Ordinances of the Convention — pp 3-4. 
 
The Action op Virginia. 
 
 15 
 
 “Resolved, unanimously. That the thanks of this Convention he cor- 
 dially tendered to the State Convention for the noble act of patriotic 
 dnty 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.”io 
 
 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”. * 11 
 
 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 
 
 10. See Documents of the Convention — No. XVIII., p. 6. 
 
 11. See Ordinances of the Convention — p. 5. 
 
16 
 
 How West Virginia Was Made. 
 
 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. 13 
 
 TELEGRAM FROM THE PRESIDENT . OF THE CONFEDERATE STATES. 
 
 “To his Excellency, John Letcher, 14 
 
 Governor of the State of Virginia, &c., &c., &c. 
 
 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, 15 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. 165. 
 
 33. Seo 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 Confederate Stales of America. 
 
 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 America, 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 
 name of the Confederate States, to meet and confer with any person or persons 
 authorized by the Government 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 tio the President of the Confederate States for his final ratification, by 
 and with the advice and consent of the Congress of the Confederate States. 
 
 In testimony whereof, J 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.” 
 
 16. See Documents of the Convention. 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. 
 Holcombe, of Albemarle County; and James C. Bruce, of Halifax 
 County. By a motion, Lewis B. ILarvie of the Amelia-Nottaway 
 Delegate District, was added to the Committee, thus making it to 
 consist of six members. 18 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 IT. 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 
 
 17. See Journal of the Convention — p. 189. 
 
 18. See Journal of the Convention — -p. 190. 
 
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 : 
 
 1st. 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, etc., 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 cases. 
 
 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 Confederate States. 
 
 This Convention, entered into and agreed to, in the city of Rich- 
 mond, 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. Holcombe, 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. 
 
 John Tyler, [Seal.] 
 
 William Ballard Preston, [Seal.] 
 Samuel McD. Moore, [Seal.] 
 
 James P. Holcombe, [Seal.] 
 
 James G. Bruce, [Seal.] 
 
 Lewis E. Harvie, [Seal.] 
 
 Committee of the Convention. 
 Alexander H. Stephens, [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 Ballard 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.”l9 
 
 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. ”20 
 
 Two hundred copies of this Document were ordered printed for 
 the use of the members of the Convention. 21 
 
 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 Perry. This was begun in compliance with the follow- 
 ing telegram : 
 
 “General Headquarters, 
 
 Adjutant General’s Office, April 17, 1861. 
 Brigadier General James H. Carson, 16th Brigade, 
 
 Frederick County, Virginia. 
 
 Sir,— You will issue instant 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 Virginia Was Made. 
 
 support any movement that may he made hy the State troops, upon the 
 Arsenal and works at Harper’s Ferry. They will probably be joined by 
 t.he volunteers of Augusta and Rockingham, &e. If necessary, you will 
 assume the command of the entire foree.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 Srd Division: 
 
 The Governor 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 of 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, 
 promptly.23 
 
 By Command. WM. H. RICHARDSON, A. G.” 
 
 April 19th — Major-General Kenton Harper, commanding at Har- 
 per’s Ferry, telegraphed Adjutant-General William IT. 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 fro!m 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 reinforcements to the number of five hun- 
 dred in a few hours, and I have information of about a thousand 
 now on the way.” 24 
 
 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. 25 
 
 The same day on which the movement was made against Har- 
 per’s Ferry,— April 17th — the Convention provided for a State 
 Military force. 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 nay 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 Documents of the Convention — No. 35. p. 85. 
 
 24. See Documents of the Convention, No. 35. p. 79. 
 
 25. See Documents of the Convention, No. 35, pp. 15-47. 
 
The Action op Virginia. 
 
 .21 
 
 will receive in companies, and organize into regiments, brigades and divi- 
 sions, according to the force required; and the governor shall appoint 
 aDd 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. 
 
 “3d. 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 appropriated.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 Bobert E. Lee for this office which was 
 promptly confirmed by the Convention. 27 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. 28 
 
 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. E. 
 M. T. Hunter, of Essex county; William C. Eives, of Albemarle 
 county; Hon. John W. Brockenbrough, of Eockbridge county; Wal- 
 ter E. Staples, of Montgomery county; and Judge Gideon D. Cam- 
 den, of Harrison county. 29 
 
 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. 30 
 
 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 Ordinances of the Convention — p. 8. 
 
 27. See Journal of the Convention — pp. 1S5, 1S6. 
 
 28. See Ordinances of the Convention — p. 11. 
 
 29. See Journal of the Convention — p. 213, 214, and Journal of the Second 
 Session— pp. 23, 24, 25, 26, 27, 28, 29. 
 
 30. See Ordinances of the Convention — p. 13. 
 
22 
 
 How West Virginia Was Made. 
 
 port the Constitution of the late Confederacy, known as the United 
 States of America. 
 
 “Be it ordained, That all OTicers, civil and military, and the people 
 generally of this State, he 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 United 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 
 "V irginia 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 Convention to represent the State of Virginia in 
 the Congress of the Confederate States, were read in said Con- 
 gress. 32 
 
 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. 33 
 
 (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 34 
 
 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 
 
 31. See Ordinances of the Convention — p. 33. 
 
 32. See Journal of the Provisional Congress of the Confederate States — Vol. I f 
 p. 192. 
 
 33. See Journal of the Provisional Congress of the Confederate States — Vol. I, 
 T. 192. 
 
 34. See Jaurnal of the Provisional Congress of the Confederate States. Vol. I, 
 p. 193. 
 
The Action op 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 — Public 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 
 therefore determined that if that part of the Commonwealth chose 
 to cast its fortunes with the seceded States, they would endeavor 
 to sav^e 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 has- 
 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- 
 nest council to give expression to their views upon the result of the 
 late election, and the questions that were rapidly assuming a dan- 
 gerous tendency thereunder. The supporters of the Bell and Ev- 
 erett ticket joined 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 county. 1 
 
 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 to uphold 
 and support the lawfully constituted authorities. 1 2 
 
 An assemblage of people, 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 causes. 1 
 
 On the 14th of December, 1860, there was a great gathering of 
 the citizens of Ohio County in the Athenseum in Wheeling; much 
 enthusiasm was manifested. Hon. Andrew Wilson, Mayor of the 
 city, was called to the chair, and Nathan Wilkinson was appointed 
 Secretary. 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 
 ho 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 glorious 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 he 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 abets the disruption of the present Constitution, and 
 places her people in such position.”2 
 
 1. See H agans “Erection and Formation of .West Virginia.” — p. 37, printed 
 in Vol. I, W. Va. Supreme Court Reports. 
 
 2. See Wheeling Daily Intelligencer — Dec. 15-16, 1860. 
 
26 
 
 How West Virginia Was Made. 
 
 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. 3 4 5 6 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 
 in the Constitution, and that such doctrine would he fatal to the Union, 
 and all the purpose? of its creation; and in the judgment of this meeting. 
 Secession is revolution * * f * 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 Lincoln 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 what, 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 people.”! 
 
 On the 5th of January — two days before the meeting of the Gen- 
 eral Assembly in extra session at Bichmond — 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 politics; 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 Govern- 
 ment of the Union.” 
 
 “ Resolved , Further, That any Convention which may be called, should 
 take such action to amend the Constitution of Virginia as to bar repre- 
 sentation in the General Assembly upon the free, white popuation of the 
 State 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 
 ability, 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 
 
 ?. See Wheeling Daily Intelligencer — Dec. 22, 1861. 
 
 4. See Wheeling Daily Intelligencer — Jan. 4, 1861. 
 
 5. See Wheeling Daily Intelligencer — Jan. 7. 1861. 
 
 6. 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. 7 
 
 On the 19th of January ensuing — hut 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 13th of February, 1861, or any other 
 State authority, can absolve the citizens of this State from their alle- 
 giance to the Genera! 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. 9 Two 
 days later the people of Hancock resolved: 
 
 “That in our several capacities as citizens of the United States, and 
 of this S^ate, we can remain loyal to both, but in the event of Secession 
 being forced upon us, we will not recognize any power claimed thereby 
 to alter or impair our fidelity and allegiance to the General Government, 
 but will resist all such assumed power to the past extremity.”lo 
 
 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. * 11 
 
 A large mass meeting of the people at Sistersville, in Tyler 
 County, on January 24tli, 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 sececlesl^ we are in 
 
 7. See Cincinnati Commercial — Jan. 8, 1861. 
 
 8. See Wheeling Daily Intelligencer — Jan. 24. 1861. 
 
 9. See Wheeling Daily Intelligencer — Jan. 22. 1861. 
 
 10. See Wheeling Daily Intelligencer — Jan. 26. 1861. 
 
 11. See Wheeling Daily Intelligencer — Jan. 24, 1861. 
 
 12. RESOLUTION OF TION. JAMES BUPI.KY, THE DELEGATE FROM MARSHALL COUNTY, 
 IN THE RICHMOND CONVENTION, MARCH 16, 1861. 
 
 Mr. Burley who sought to ltnow why, if Virginia seceded from the 
 Union, one part of a State might not separate from the other part, 
 
28 
 
 How West Virginia Was Made. 
 
 favor of striking West Virginia from Eastern Virginia and, forming a 
 State independent of the South, and firm to the Vnion.”is 
 
 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.” 14 
 
 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 ns. It is a pillar in the edifice of our real 
 independence; the support of our tranquility at home — our peace abroad; 
 of our 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 the 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 he 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.”T7 
 
 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 ol revolution above recognized can be exercised as well 
 by a portion of the citizens ot a St.ato 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 from taxation a peculiar species of prop- 
 erly belonging, to a great extent, to another portion of the citizens and located 
 mostly in another section of the State, thus increasing taxation upon all other 
 interests 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 all 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 
 them in changing their relation to the State Government by separating themselves 
 from that section of the State that had thus wantonly disregarded their interests 
 and defied their will — particularly when the cause assigned for the change of Vir- 
 ginia’s relation to the said Fedeial 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 the 
 said State Government 03 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 property." See Journal of the Con- 
 vention — March 16, 18G1. p. 1 04. 
 
 13. Published in the Plain Dealer, and copied into the Wheeling Daily Intelli- 
 gencer — Feb. 4, 1861. 
 
 14. See Daily Intelligencer — Jan. 2P, 1861. 
 
 15. See Daily Intelligencer — Feb. 1, 1801. 
 
 16. See Daily Intelligencer — Jan. 30, 1861. 
 
 17. See proceedings of meeting in Wellsburg Herald, copied into Wheeling Intelli- 
 gencer, Feb. 4, 186i. 
 
 I 
 
Movements in Northwestern Virginia. 
 
 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 v # as 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 
 vof excitement shook the country from the Alleghenies to the Ohio, 
 and but a few days sufficed to fan into flame the sectional jealous- 
 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- 
 mond and Edmund Pendleton. 
 Braxton, Nicholas, Clay and Web- 
 ster — Benjamin W. Byrne. 
 
 Brooke County— Campbell Tarr. 
 
 Co, bell County — Wm. McComas. 
 Doddridge and Tyler — Chapman J. 
 Stuart. 
 
 Logan, Boone and Wyoming — James 
 Lawson. 
 
 Marion County — Alpheus P. Hay- 
 mond and Ephraim B. Hall. 
 Marshall County — James Burlej r . 
 Mason County — James H. Couch. 
 Mercer County — Napoleon B. 
 French. 
 
 Monongalia County'-- Waitman T. 
 
 Willey, and Marshall M. Dent. 
 Fayette and Raleigh — Henry L. 
 Gillispie. 
 
 Gilmer, Wirt and Calhoun — 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 Richie — 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 Virginia 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 S. Carlile, Sherrard Clemens, C. B. Conrad, James H. Couch, 
 Alpheus P. Haymond, Chester D. Hubbard, John J. Jackson, Wm. 
 McComas, James C. McGrew, 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 : 
 
 Alien 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. Turner — 
 eleven in all. 
 
 Those not voting upon the question were Thomas Maslin, Ben- 
 jamin Wilson, Alfred M. Barbour and Paul McNeil — 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 McNeil. 
 
 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 McD. 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 still suffering from a wound received in a duel with 0. 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. 18 
 
 18. WEST VIRGINIANS EXPELLED FROM THE CONVENTION— VACANCIES 
 FILLED. 
 
 As stated elsewhere, the State Convention at Richmond held one Regular Session 
 and two Adjourned Sessions. The Regular Session began Wednesday, February 12, 
 18C1, and ended July 1, 1861. The Secrnd Adjourned Session began Wednesday, 
 November 12. 1861, and ended December 6, 1861. „ 
 
 On Thursday, June 20, 1861, Alpbeus F. Haymond, one of the Delegates from. 
 Marion County, West Virginia, and Chairman of the Committee on Elections and 
 I rivileges. presented a "Report In Relation to Absent Members” in which it was 
 stnted that this Committee "had come to the following conclusions and observa- 
 tions, to- wit : 
 
 First , As t.o the members of the Convention w r ho are absent : Caleb Boggess, of 
 
 Lewis county ; Sherrad Clemens, of Ohio county ; John Echols, of Monroe coun- 
 ty • Janies W. Hog* 1 of Putnam county : Thomas Maslin, of Hardy county ; Spicer 
 Patrick, of Kanawha county; Edmund Pendleton, of Berkeley county; Burwell 
 Spurlock, of Wayne county ; Franklin 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 field serving the State; 
 some are detained on account of sickness, and others are 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 Marshall 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. Jackson, 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 enemies of Virginia : — There- 
 fore, RESOLVED, That the said William G. Brown, John S. Burdett, John S. Cariile, 
 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 demanded 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 S. Cariile 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 expelled at the same time, the vote sanding 
 seventy-nine yeas and six nays. The question was -then severally put on the Reso- 
 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 Committee, then moved that so much of the Resolution as re- 
 lated to Waitman T. Willey be recommitted to the Committee. This was on Sat- 
 urday, June 29th, and on Monday, July 1st, the Convention adjourned to meet again 
 on the 13th of November ensuing. 
 
 • It reassembled at the time, this being the beginning of the second adjourned 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 disloyalty 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 11, 1861.) 
 
32 
 
 flow West Virginia Was Made. 
 
 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. llaymond reported Document No. 34, which provided for filling 
 vacancies in the membership of the Convention. During the recess between July 1st 
 and November 13th, elections were held in the Confederate military camps, from the 
 West Virginia counties, in which there were vacancies, and the soldiers voted for 
 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. 
 
 On the 19th of November the Convention adopted a Preamble and Resolution as 
 follows : 
 
 “Whereas vacancies have occurred in the representation of the counties of Ohfo, 
 Brooke, Marshall. Marion, Monongalia, Preston, Taylor, Harrison and Wood, by the 
 expulsion of the late delegates from the said counties ; and in the Randolph-Tucker 
 Delegate District by the death of John N. Hughes, killed in the battle of Rich Moun- 
 tain. — 
 
 “ And 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 (advisbry in its character) inviting the loyal citizens of those counties to 
 vote in their respective camps for delegates to fill these vacancies. Under said 
 proclamation, elections were accordingly held in several camps, at which elections 
 Joseph H. Pendleton was chosen as the successor of Chester D. Hubbard of Ohio 
 county; Joseph D. Pickett, to succeed Campbell Tarr of Brooke county; Jefferson T. 
 Martin to succeed James Burley of Marshall county ; Stephen A. Morgan as the suc- 
 cessor of Ephraim B. Hall of Marion county ; Jonathan M. Heck to succeed Mar- 
 shall M. Dent of Monongalia county ; Robert E. Cowan and C. J. C. Cresap to succeed 
 William G. Brown and James C. McGrew, respectively, of Preston county; John A. 
 Robinson to succeeed John S. Burdett of Taylor county ; William P. Cooper to suc- 
 ceed John S. Carlile of Harrison county; Edward D. McGuire as the successor of 
 John J. Jackson of Wood county ; and Jacob W. Marshall to succeed John N. Hughes 
 of the Randolph-Tucker Delegate District. 
 
 “Be it Therefore Ordained, That said elections be and the same are hereby ratified, 
 and the said Joseph H. Pendleton, Joseph D. Pickett, Jefferson T. Martin, Jonathan 
 M. Heck, Robert E. Cowan, C. J. C. Cresap, Stephen A. Morgan, John A. Robinson, 
 William P. Cooper, Edward D. McGuire and Jacob W. Marshall, are hereby admitted 
 to seats in this Convention.” This was adopted November 19th, by a vote of seventy- 
 nine yeas to twenty nays. All occupied their seats : — Pendleton, Martin, Heck, 
 Cowan, Cresap, Morgan, Cooper, Marshall and McGuire, — on November 20th ; Robin- 
 son on the 27th : and Pickett on the 4th of December, ensuing. 
 
 On the 22d of November, the Committee on elections was instructed to inquire into 
 the absence of Sherrard Clemens, a delegate from Ohio county ; Benjamin Wilson 
 from Harrison county ; and Caleb Boggess from Lewis county ; and report to the 
 Convention whether such absence was due to their disloyalty to the State or Confed- 
 erate States, and if so whether they should not be expelled. 
 
 November 29th, the Committee submitted a report stating that its members were 
 satisfied that Sherrard Clemens and Caleb Boggess were absent from the Convention 
 bv reason of disloyalty to the Commonwealth of Virginia and the Confederate States ; 
 and should therefore be expelled from the Convention ; that the Committee had no 
 pvidenec of the disloyalty of Benjamin Wilson nor to explain nis absence. This 
 lai( i on the table. December 4tb, Franklin P. Turner of Jackson county, en- 
 apovnred to secure action on this Report, but was unable to do so. Two days later 
 h was again called up but action postponed. It was the last day of the Conven- 
 tion and the matter was nevermore heard of. 
 
Movements in Northwestern Virginia. 
 
 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 Comity, at 
 New Martinsville, April 22d, it was resolved : 
 
 “That Secession is not the remedy for the troubles so unfortunately 
 resting upon our country, and we believe it would he 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 endangered out of it.” 
 Further, 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: 21 
 
 PREAMBLE AND RESOLUTIONS. 
 
 WHEREAS, 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 contemplated 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, Louisiana, 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 is 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 polls. 
 
 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- 
 clamation, 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 readiness to malte war upon the 
 
 19. See Hagan’s "Erection and Formation of the State of West Virginia.” p. 39. 
 
 20. See Wheeling Daily Intelligencer — April 25, 1861. 
 
 21. See J. H. Diss Debar's “Hand-Book of West Virginia,” pp. 13, 14, 15. Also 
 the Wheeling Daily Intelligencer of April 26, 1861. 
 
34 
 
 How West Virginia Was Made. 
 
 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 natural 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 ihe 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 consent of the governed,” and have without consulting the 
 people, placed this State in hostility to the Federal Government by 
 seizing upon its ships and obstructing the channel at the mouth of Eliza- 
 beth river; by wresting from the Federal officers at Norfolk and Rich- 
 mond the custom houses; by tearing from the Nation’s property the 
 Nation’s flag, and putting in its place a bunting, the emblem of rebellion, 
 and by marching upon the National Armory at Harper’s Ferry; thus 
 inaugurating a war without consulting those in whose name they pro- 
 fess to act. 
 
 And WHEREAS, The exposed condition of Northwestern Virginia re- 
 quires that her people should be united in action, and harmonious In 
 purpose — there being a perfect identity of interests in times of war as 
 well as in peace — Therefore, 
 
 Be it RESOLVED, That it be and is hereby recommended to the peo- 
 ple in each and all of the counties composing Northwestern Virginia to 
 appoint delegates, not less than five In number, of their wisest, best, 
 and discreetest men, to meet in Convention on the 13th day of May next, 
 to consult and determine upon such action as the people of Northwestern 
 Virginia should take in the present fearful emergency. 
 
 RESOLVED, That, Hon. John S. Carlile, Waldo P. Goff, Hon. Charles S. 
 Lc-wis, John J. Davis, Solomon S. Fleming, Lot Bowen, Dr. William Dun- 
 kin, William E. Lyon, Felix Sturm and James Lynch, be and are here- 
 by appointed delegates to represent this county in said Convention. 
 
 JOHN HURSlEY, President. 
 
 JOHN W. HARRIS, Secretary. 
 
 That evening, Mr. C. E. Eingler, editor and proprietor of the 
 Western Virginia Guard, published at Clarksburg, issued an extra 
 edition of his paper in which was printed an “Address of the 
 Convention to the people of Northwestern Virginia. ” In this the 
 foregoing “Preamble and Resolutions” were embodied. Messengers 
 mounted on horse-back, bore copies of the Guard to Weston, King- 
 wood and Morgantown, and to adjoining and adjacent counties. 
 Other copies were distributed along the lines of railroad westward 
 to Wheeling and Parkersburg; eastward to Martinsburg, and 
 even to the Lower Potomac. The time was short — but twenty 
 days — the emergency great, and from Hancock County to Wayne 
 and from Wood, to Berkeley, the people hastened to comply with 
 the request of the Clarksburg Convention. Public meetings were 
 held in counties, in cities, in towns, at churches, school-houses, and 
 cross-roads, and delegates appointed to the proposed Convention 
 at Wheeling. Days seemed weeks, but time passed and brought 
 the eventful 13tli day of May, 1861. 
 
PROCEEDINGS 
 
 OF THE FIRST CONVENTION OF . 
 
 THE PEOPLE OF NORTHWESTERN VIRGINIA AT 
 WHEELING, VIRGINIA. 1 
 
 FIRST DAY. 
 
 (See Roll of Members at end of the Second Day’s Proceedings.) 
 
 MONDAY, MAY 13, 1861. 
 
 FORENOON PROCEEDINGS . 2 
 
 “The Convention of Delegates from twenty-seven Western Vir- 
 ginia Counties assembled in this city, at Washington Hall, yes- 
 terday at 11 o’clock. On motion of Chester D. Hubbard, Maj. 
 William B. Zinn, of Preston county, was called to the chair. Hon. 
 John S. Carlile, of Harrison County, conducted Mr. Zinn to the 
 chair. Mr. Zinn returned thanks for the honor conferred upon 
 him in appointing him temporary chairman of the Convention ; 
 craved the indulgence of the house, and said he would discharge 
 the duties to the best of his humble abilities. (Applause.) George 
 
 1. Hon. Granville Davidson Flail who was the stenographic reporter of the First 
 
 and Second Conventions of the People of North Western Virginia in 1861, was born 
 in Harrison County, now West Virginia, September 17, 1837. Fie received a liberal 
 education and was early interested in literature. In 1859 he entered the employ of 
 the Wheeling Intelligencer. In 1860 he was one. of the Virginia State Electors on 
 
 the Lincoln and Hamlin ticket. The following pages of this work give evidence as 
 
 to the character of his work in reporting the Proceedings and Journals of the Con- 
 ventions of 1861. He was the first clerk of the West Virginia House of Delegates, 
 his term beginning June 20, 1863 — the natal day of the State. In 1864, he was 
 elected Secretary of State for the term of two years, serving from March 4, 1864, 
 to March 3, 1867. He declined a re-election, having Avith Hon. William P. Hub- 
 bard, purchased a half-interest in the Intelligencer of which he was Editor-in-Chief 
 
 for five years. In September, 1873, he removed to Chicago, Illinois, and is now 
 
 residing at Glencoe, that State. He is the author of several literary works — that of 
 greatest historic interest being ,; The Rending of Virginia,” published in 1902. 
 — V. A. L. 
 
 2. It has been stated that this was a Mass Convention. This is not true. The 
 members were chosen as delegates by the people of their respective counties in com- 
 pliance with the “Call” sent out from Clarksburg. In Wood county and, perhaps, 
 one or two others, it was resolved that any good Union men t.hereftom, present at 
 the Convention, should be delegates therein. On the first day a Committee on 
 Credentials was appointed, Andrew Flesh'er, a delegate from Jackson county, being 
 Chairman thereof. At three o’clock this Committee reported duly accredited dele- 
 gates from the counties of Hancock, Brooke, Ohio. Marion, Monongalia, Harrison, 
 Preston, Wood, Ritchie, Lewis, Upshur, Gilmer, Wirt, Jackson, Mason, Wetzel, 
 Pleasants, Barbour, Hampshire, Berkeley, Taylor, Tyler, Doddridge, Roane, Fred- 
 erick, and Marshall — twenty-six in all. The total vote by counties for President 
 at the last election was made the basis of representation. — V. A. L. 
 
36 Proceedings and Journals op the Conventions op 
 
 R. Latham, of Taylor, was appointed temporary secretary. On the 
 suggestion of General John J. Jackson, 3 of Wood county, Rev. 
 Peter T. Laishley, a delegate from Monongalia County, offered a 
 prayer. In the course of his prayer he said: 
 
 “May the Almighty grant that the stars and stripes of the flag 
 of our country, ever wave over all this land, from the Atlantic to 
 the Pacific, and from Maine to the Gulf of Mexico. 0 ! may those 
 who w’ould plunge us into the horrors of civil discord be over- 
 reached by the omnipotent ann of Almighty God. 0 ! do Thou 
 grant, we pray Thee, that this Convention, met here for the pur- 
 pose of consulting upon the best interests of our own beloved Vir- 
 ginia, may act promptly, decisively and harmoniously. May it act 
 with reference to peace principles and the universal happiness of 
 our citizens and the country at large.” 
 
 General Jackson, of Wood county, then moved that any gentle- 
 man who was present from any county of Northwestern Virginia, 
 be received as a delegate for such county, and be invited to take a 
 seat on the floor of this Convention. 
 
 John S. Burdett, of Taylor county, moved to amend by in- 
 cluding gentlemen from the Shenandoah Valley. 
 
 Hon. John S. Carlile said he trusted that it would be the 
 pleasure of his friend from Wood to withdraw the proposition. 
 “I would defer upon any and all occasions to his better judgment, 
 where there was a doubt upon my own mind; but, sir, I trust that 
 this is to be a deliberative body; I trust that it is to be a body 
 composed only of gentlemen who come clothed with the authority 
 conferred upon them by the people of their counties when they 
 appointed them. I would not wish to prevent any gentleman 
 from Northwestern Virginia, or anywhere else, from taking a seat 
 on this floor, or from listening to the deliberations of this body; 
 but I desire, whatever act may be performed here by this Conven- 
 tion, shall be sanctioned by the authority of the people. In my 
 county, at least, they selected the men to whom they entrusted the 
 
 3. There were two delegates of the name of Jackson on the Wood county dele- 
 gation. These were General John Jay Jackson, and John J. Jackson, Jr. The 
 former was the father, the second the son. General Jackson was Dorn In Wood 
 county, February 13. 1300, and educated at Clarksburg, and in Washington College, 
 Pennsylvania : then became a cadet at West Point, from which he was graduated 
 July 24, 1818 ; commissioned Second Lieutenant in the Regular Army and served 
 at Norfolk, Virginia, and then in the Fourth Infantry in the Seminole War. In 
 1823 he entered upon the profession of law, locating at Parkersburg. Because of 
 his military training he was long connected with the military establishment of Vir- 
 ginia ; and in 1842, was commissioned Brigadier-General of the Twenty-third Bri- 
 gade. He died at Parkersburg .January 1, 1877. His son, John Jay Jackson, Jr., 
 was born at Parkersburg, August 4, 1824. Appointed by President Lin- 
 coln a Judge of the Federal District of Western Virginia in 1861 ; and of the 
 new District of West Virginia in 1863 ; he continued to serve in this capacity for 
 nearly forty-three years. His name will long be an honored one in the judicial 
 history of the State. V. A. L. 
 
the People op Northwestern Virginia in 1861. 
 
 37 
 
 high and important interests which they believed to be involved in 
 the call of this .Convention. I trust, therefore, the motion will be 
 withdrawn, and the first thing we will do will be to provide for a 
 permanent organization of this body, by the appointment of a 
 Committee on Credentials, -who will report to the body those gen- 
 tlemen who are really the representatives of the people.” 
 
 General Jackson said he would with pleasure adopt the 
 suggestion of Mr. Carlile, but he could not see the force of it, 
 but thought it would be difficult to discover who the real repre- 
 sentatives of the people were. “It may be that there has been a 
 lot of individuals at the Court Houses who may have acted on the 
 nominations of those who have been sent here. He said, on behalf 
 of the delegation from 'Wood county, that they were prepared to 
 take the responsibility of acting as delegates, though they were not 
 appointed as such.” He had no doubt “the gentlemen had been 
 sent here by a proper and responsible body, but if we are to take 
 great and momentous action let us have our whole people with us. 
 Let us take solemn deliberation, and reach a conclusion we will be 
 able to stand by in the hour of triumph.” He declined to with- 
 draw the proposition. 
 
 Mr. Carlile said, in reply: “I regret exceedingly that I am 
 compelled, as the gentleman refused to withdraw the motion, to 
 appeal to this body to vote it down. It is unfortunate, sir, that at 
 the very threshold of our proceedings there should be a division 
 of sentiment exhibited, and if I did not conceive that the adoption 
 of this motion would prove fatal to every step we may hereafter 
 take, I should certainly have remained quiet in my seat. I do 
 not go upon presumptions. Mr. Chairman, I am here by the voice 
 of the legal qualified voters of my county, greater than was given 
 to me at the polls on the 6th day of last February, at the election 
 for delegates to the Virginia Convention. All my colleagues are 
 here by the same voice and power. No Court House cliques in 
 my county sent delegates here. It is the Court House cliques that 
 have thus far brought this good old State to the very brink of 
 ruin ; and has it now bristling with bayonets from the Chesapeake 
 to the Blue Ridge, and across to the mountains of the Alleghenies. 
 Sir, I look upon this body as possessing all the power it could pos- 
 sess if it were a legislative body, elected under the forms of law — 
 and who ever heard of a legal deliberative assembly being com- 
 posed of gentlemen who may happen to be present from the vari- 
 ous counties in the State in which they reside? Sir, we want a 
 
38 Proceedings and Journals op the Conventions op 
 
 deliberate body. We came here as the accredited representatives 
 of the loyal people of Virginia, and we intend, I. trust, before we 
 go away as such, sent here by such a voice and power, to put 
 our feet upon the usurpations of power that have been exercised 
 in the last two weeks. I trust it will be the pleasure of the Conven- 
 tion to proceed (applause) as a deliberative body, and that none 
 will act in this body save and excepting those who have been sent 
 here by their people. Our fellow-citizens who are here can occupy 
 the rear of the hall, and they can see what is going on and give us 
 the beenfit of an outside pressure, as has been done elsewhere for 
 our injury and enslavement.” (Applause.) 
 
 General Jackson wished to ask a question — How are we, 
 said he, to ascertain who are the accredited members of this Con- 
 vention ? 
 
 Mr. Carlile. “My answer is this— When we get a permanent 
 Chairman and Secretary, we will appoint a committee who will tell 
 us. ’ ’ 
 
 Mr. Jackson. “Until there is some authority to appoint a 
 President, there can be no President. I do not know that I am 
 a member here. "When you go into a Convention you appoint a 
 Committee on Credentials — but can they devise any plan to find 
 out whether I am here by authority or not? I am a citizen of 
 Northwestern Virginia, and thought my friends here would be 
 glad to see me. There can be no legal means whatever to deter- 
 mine by what authority a gentleman can be here. I wish to include 
 all the gentlemen who are here from any counties in this part of 
 the State, and also from Frederick and Berkeley counties.” Mr. 
 Jackson referred to the precedent set by Pucker, in the Conven- 
 tion that nominated Polk. 
 
 Mr. Carlile said that the illustration given by the gentleman 
 was a most unfortunate one. I hope the gentleman does not de- 
 sire to Ruckerize this Convention, as he will do if his proposition 
 is adopted by this body. 
 
 Mr. Jackson said he spoke of the Rucker case as a precedent. 
 
 Mr. Carlile said: “We are proceeding here without any- 
 thing like order. You do not know who is here. There may be 
 ‘a chiel amang you takin’ notes.’ I trust the same disorder will 
 not be persisted in, but that the legal and parliamentary prece- 
 dents, which have been resorted to in England, in this country, 
 and in all countries where deliberative bodies have assembled, will 
 be followed by this Convention. There are gentlemen here who 
 
the People op Northwestern Virginlv in 1861. 
 
 39 
 
 have served in the Legislature of our own State, and gentlemen 
 who have been in Congress, and those who have been in the Con- 
 ventions of our State, and. is there one who has had any parlia- 
 mentary experience that does not know that the suggestion that 
 I indicated, and trusted would be acted upon by this body, is the 
 precedent that has always been followed. You meet and, for the 
 mere purpose of calling the body to order, pm some one in the 
 chair. The next step is to elect a permanent presiding officer and 
 secretary, whose business it is to record your proceedings, and who 
 is responsible for them. The next is to appoint a Committee on 
 Elections, and that committee reports to the body who are enti- 
 tled to seats in it. 1 trust we shall follow this precedent here, 
 and that the grave authority that always clothes every deliberate 
 body will clothe this one. I may be enthusiastic — I may be ahead 
 of the times, or I may be behind the times, — but I. believe, as much 
 as I believe in the existence of a God, that our own salvation, and 
 it may be the salvation of our whole country depends on the de- 
 liberations of this body, and its action, and I want it to go abroad 
 all over the land, with every sanction of our people, and with 
 all the prestige that parliamentary usage can give it.” 
 
 John J. Jackson. Jr.,' of Wood, made some remarks, favor- 
 ing the proposition of General Jackson. He knew counties where 
 meetings had been held appointing any good Union men as dele- 
 gates who might happen to be present at the Convention. Such 
 had been the case in Wood county, and said the adoption of the 
 suggestion of Mr. Carlile would disfranchise all the gentlemen 
 from Wood. 
 
 Mr. Carlile said the proceedings of the meeting in Wood 
 would be before the Committee on Credentials, and whoever the 
 Committee appoints as delegates will be entitled to seats on the 
 floor. 
 
 Mr. Jackson made some further remarks in favor of the 
 proposition, saying that he did not understand that the Conven- 
 tion was here for the purpose of forming a Provisional Govern- 
 ment, but for deliberation and conference. 
 
 Mr. Carlile again replied, urging that the deliberations of 
 the Convention should be conducted in order, and in accordance 
 with the usual forms and precedents of such bodies. “Have we 
 merely met here,” he continued, “to consult and adjourn and go 
 home. If this is true, I have no further interest here. The peo- 
 ple whom I represent expect that we will never adjourn till their 
 
40 Proceedings and Journals op the Conventions op 
 
 safety is secured beyond a doubt in the Union and under that flag 
 (cheers). If we temporize now and consult and adjourn to come 
 back here again, before that day arrives, you will have sworn alle- 
 giance to the rattlesnake flag. That is the true condition in which 
 we are now placed.” Mr. Carlile continued at some length to 
 speak of the urgency of instant action. 
 
 Mr. Pierpont, [Francis PL] of Marion, made some remarks 
 in a general way, and concluded by suggesting to General Jackson 
 the propriety of withdrawing his motion, to make room for another, 
 a Committee on Credentials to be appointed of one from each 
 county, and let the delegation report to that Committee the dele- 
 gates from the counties, and when we vote upon resolutions it will 
 be on the basis of the population of the counties. 
 
 General Jackson said he had no sort of objection, but ac- 
 cording to the proposal of the gentleman from Harrison, all those 
 delegates not formally appointed would be excluded. A conven- 
 tion such as that gentleman wanted would not have such an effect 
 as it would to admit the mass of those who had come here as citi- 
 zens rather than as delegates. It would not look so much like an 
 upheaving of the people. 
 
 After some further running debate between Messrs. Carlile, 
 Jackson and others, 
 
 Mr. Burdett, of Taylor, said he for his part did not come 
 here to talk. He came here for action. ‘‘While we are talking the 
 chains have already been forged for us, and the bayonets are 
 threatening invasion. In my town of Grafton, Letcher has ordered 
 his troops to rendezvous. I tell you it is no time to debate and 
 evince feeling. I trust there will be no more of this, but calm, 
 solemn, stem deliberation, and a resolve to do what is right to 
 defend and protect ourselves. Let us act and go back to our 
 counties. ’ ’ 
 
 After some remarks by Mr. Tarr, of Brooke, Chester D. Hub- 
 bard, of Ohio county, moved that a committee, composed of one 
 member from each county represented on this floor, be appointed, 
 to whom shall be referred the subject of representation; and also 
 the nomination of permanent officers for the Convention, which 
 motion was adopted and the committee appointed. 
 
 Mr. Senseny, of Frederick, said he had come up through 
 the dangers that environed a Union man in his part of the State, 
 and he would be glad to be permitted to act as a delegate from 
 that county, although not formally appointed. 
 
the People op Northwestern Virginia in 1861. 
 
 41 
 
 On motion of george h. kidd, of Preston, 
 
 RESOLVED, That the Convention adjourn till 3 o’clock P. M., and In 
 the meantime each delegation from the different counties represented 
 here shall report to the President one of their number, who shall repre- 
 sent them on the Committees on Representation and Permanent Organi- 
 zation. 
 
 On motion, it was ordered that each, delegation from the respect- 
 ive counties meet as soon as possible, to consult as to the selection 
 of members of the Committees. 
 
 The Convention adjourned to meet again at 3 :00 P. M. 
 
 AFTERNOON session. 
 
 3:00 O’Clock P. M. 
 
 The Convention reassembled at the appointed hour, and Mr. 
 Plesher of Jackson county, Chairman of the Committee on Repre- 
 sentation and Permanent Organization, submitted the report of 
 that Committee partially as follows: The nomination for perma- 
 nent President, Dr. John W. Moss, of Wood County, a list of 
 Vice Presidents, the names of whom the reporter was unable to 
 procure; and Secretaries, Colonel Charles B. Waggener, of Mason; 
 Marshall M. Dent, of Monongalia, and Gibson Lalnb Cranmer, 3 
 of Ohio county. 
 
 The Committee asked to be allowed further time for the con- 
 sideration of the credentials of members. 
 
 On motion, the report as far as made was adopted. 
 
 On motion of mr. carlile, Messrs. Pierpont of Marion and 
 McNeal [McNeeley?] of Monongalia, were appointed a committee 
 to conduct the President to the chair. 
 
 Dr. Moss, on taking the chair, said: “Permit me to express my 
 grateful acknowledgments for the very distinguished honor you 
 have conferred upon me in selecting me to preside over the delib- 
 erations of this highly respectable body. It is hardly necessary for 
 me to say that the occasion which has called us together is one of 
 no ordinary character. 
 
 “We have met for the purpose of considering the unhappy con- 
 dition of our country, and particularly of deliberating calmly and 
 dispassionately upon the position Northwestern Virginia should 
 assume in this momentous Crisis of our country’s history. 
 
 — t 
 
 3. This name appears as Chandler, but it is an error. The name should be 
 tbat of Gibson Lamb Cranmer. — V. A. L. 
 
42 Proceedings and Journals of the Conventions oe 
 
 “Pardon me for saying, gentlemen, that the destinies 
 of thousands are involved in the result of your action here, 
 and permit me, therefore, to express the hope that your 
 deliberations will he conducted with that solemnity be- 
 fitting the occasion, and that they will be characterized 
 by that harmony and conciliation so necessary to the 
 success of any movement that may be inaugurated by this Con- 
 vention. I again thank you, gentlemen, for the honor you have 
 conferred upon me.” 
 
 On motion it was ordered that the Clergymen of this city, be re- 
 quested to alternate in opening each day’s session of this Conven- 
 tion, with religious exercises. 
 
 Mr. Burdett moved the appointment of two Door-Keepers, 
 and a S'ergeant-at-Arms. And on motion of Mr. Pierpont, the 
 Committee to Superintend the Hall, was requested to make the 
 selection. 
 
 The following gentlemen were appointed : Sergeant-at-Arms. 
 
 James R. Ewing; Door-Keepers, A. Clemens and R. Higgins. 
 
 Mr. Carlile offered the following resolution : 
 
 That when this Convention adjourns to-day, it adjourn to meet on to- 
 morrow, and on each succeeding day while in session, at 10 o’clock A. M. 
 
 On motion of General Jackson, the resolution was amended by 
 adding, “to adjourn at 12 o’clock M., and reassemble at 2 o’clock 
 P. M.,” and as amended was then adopted-. 
 
 Mr. Willey (of Monongalia), offered a resolution similar in 
 purport to the one offered by Mr. Tarr, (of Brooke), relative to 
 the appointment of a Committee on Federal Relations, and laid 
 on the table previously, but no action was taken. 
 
 General Jackson, of Wood, obtained the floor for the pur- 
 pose of defining his position which he did in a speech of such great 
 length as to preclude the possibility — together with the lateness of 
 the hour of the adjournment, of giving a report of it here. He 
 was opposed to the Convention taking any definite or decisive ac- 
 tion ; thought it would be premature, and would be revolutionary 
 and altogether unwise. He was in favor of the Convention pass- 
 ing a series of resolutions expressive of its sense of the wrongs of 
 the Northwest, and their adjourning at least until after the elec- 
 tion, and urged that meanwhile the counties should be canvassed 
 to defeat the Ordinance of Secession. — When this had been done 
 and every peaceable method of defense exhausted he would then 
 go in for a division of the State. He characterized the policy 
 
the People of Northwestern Virginia in 1861. 
 
 43 
 
 indicated by Mr. Carlile as calculated to place the North-West at 
 once in the midst of a civil war. He believed we might, after a 
 while, and by going about it in the right way, effect a peaceable 
 division of the State, but he urged that the people of the interior 
 counties were not ready for it yet. 
 
 Mr. Burdett interrupted at one point and asked — supposing 
 in the mean time, while thus waiting, Letcher should throw his 
 troops into this part of the State to intimidate the Union men and 
 carry the election by violence and force, as they will do in the East, 
 what he proposed to do in such a ease. “We must meet this emer- 
 gency now,” said Mr. Burdett. (Applause.) “Are we to wait 
 till a military despotism pervades our country from one end to 
 another, and freemen’s mouths are closed and you threatened with 
 ropes around your necks?” 
 
 After Mr. Jackson had concluded his address, Mr. Carlile re- 
 plied at some length. He said that if he had supposed the delib- 
 erations of this body were to be limited to the adoption of a few 
 paper resolutions, he should not have endured the fatigue, and 
 passed the many sleepless nights, and expended the hundreds of 
 dollars he had for the furtherance of what he supposed would be 
 the action of this Convention- — in furtherance of the efforts that 
 are necessary to maintain the liberties of a patriotic people. (Ap- 
 plause.) 
 
 “Need my friend from Wood, be informed that the day has 
 gone by for plunging the people of the Northwestern part of this 
 State into revolution, as he terms it. We are already in a revolu- 
 tion, not by our own act, but that of the usurpers of the people’s 
 power sitting in dark conclave at Richmond. I presume it was the 
 mission of this body, to devise such measures as would protect us 
 from the consequences, which must inevitably flow from that usur- 
 pation. (Applause.) We are the only portion of this State, that 
 is not now under a military despotism. The order has gone forth 
 and is even at this hour being executed, by which we are to share 
 the same fate that has been imposed on other portions of the 
 State. The soldiers have been ordered to rendezvous at various 
 points in this part of the Commonwealth. 
 
 “No people ever remained free, or ever will, that were not willing 
 to spill their last drop of blood for the maintenace of their liberty. 
 No people who contented themselves with paper resolves while 
 bayonets were bristling all around them, and war had been brought 
 up to their very doors as. rapidly as it could be, ever maintained 
 
44 Proceedings and Journals op the Conventions op 
 
 their freedom in this way. Show yourselves worthy to be free; 
 and while I am not a professor of religion, yet I have the confi- 
 dence which a pious mother instilled into me to believe that the 
 Almighty, Who seems to be distrusted now, will come to our aid 
 and protect us in our freedom. 
 
 ‘ ‘ Sir, when has there ever been in the whole records of the past 
 such an utter contempt, on the part of any despot, for the people, 
 as has been exhibited here in what was once free Virginia, by the 
 Richmond Convention? You determine at the polls, by a vote of 
 more than 50,000 of a majority, that no act of that Convention 
 could change your relations with the Federal Government without 
 first being submitted to you; and before even the Ordinance is 
 passed, they place you in hostility to that Government.” 
 
 He proceeded to show in answer to what General Jackson said 
 about canvassing, that in many counties such a thing was not per- 
 mitted, as in many counties even in the Northwest, the military 
 was in the hands, and under the control of Letcher; and Union 
 meetings were broken up, and Union speakers not allowed to ad- 
 dress them. 
 
 General Jackson wished to know how prompt action would 
 overcome the difficulty. > 
 
 Mr. Carlile — “Let this Convention show its loyalty to the 
 Union, and call upon the government to furnish them with means 
 of defence, and they will be furnished. (Applause.) There are 
 2,000 Minnie muskets here now (Cheers) ; and more on the way, 
 thank God. (Cheers). 
 
 “I went on last Tuesday, after an absence of twelve days from 
 home, without ever stopping there, to Lewis county, where they 
 haye been under a system of intimidation; and despite the threat 
 of arms and mob, and the charge of the judge to hang me for 
 treason, I addressed that people and they are represented here 
 to-day, and if they are not intimidated they will give 1,000 ma- 
 jority against the ratification of the ordinance of secession. 
 
 “Let us act; let us repudiate these monstrous usurpations; let 
 us show our loyalty to Virginia and the Union ; and let us main- 
 tain ourselves in the Union at every hazard. It is useless to cry 
 peace when there is no peace; and I for one will repeat what was 
 said by one of Virginia’s noblest sons and greatest statesmen, “Give 
 me liberty or give me death!” (Great and continued applause.) 
 
 The Committee on Credentials then made their supplemental 
 report, showing duly accredited delegates from the counties of 
 
the People of Northwestern Virginia in 1861. 
 
 45 
 
 Hancock, Brooke, Ohio, Marion, Monongalia, Harrison, Preston, 
 "Wood, Bitchie, Lewis, Upshur, Gilmer, Wirt, Jackson, Mason, 
 Wetzel, Pleasants, Barbour, Hampshire, Berkeley, Taylor, Tyler, 
 Doddridge, Boane, Frederick, and Marshall; and reporting the 
 following resolutions : 
 
 “Resolved, That the President be authorized to present cards of admis- 
 sion, to the floor of this Convention, to such citizens from other parts 
 of the State now in attendance, as sympathize with the objects of this 
 Convention, and are good and true friends of the Union. 
 
 “Resolved, That each member of this committee present to the secre- 
 taries of this Convention a fair list of the delegates now in attendance 
 from the county represented by such member in this Convention. 
 
 “Resolved, further. That the vote of the Convention upon any question 
 when demanded by twenty-five members shall be taken by giving to 
 such county the aggregate vote cast by such county at the last Presiden- 
 tial election; such vote to be given by the chairman of the county dele- 
 gation. On all other questions the vote shall be taken per capita.” 
 
 Mr. Tarr, of Brooke, then offered the following resolution, 
 which was adopted: 
 
 “Resolved, That a committee of one member from each county repre- 
 sented here be appointed by the President as a Committee on State and 
 Federal Relations, to whom shall be referred all resolutions of this body 
 looking to action by the Convention.” 
 
 The following is the Committee appointed by the President in 
 accordance with the foregoing resolution: 
 
 Campbell Tarr, Brooke; Waitman T. Willey, Monongalia; John 
 S. Carlile, Harrison; General John J. Jackson, Wood; Charles 
 Hooton, Preston; Daniel Lamb, Ohio; George McC. Porter, Han- 
 cock; Jos. S. Machir, Mason; Daniel D. Johnson, Tyler; James 
 Scott, Jackson; George W. Bier, Wetzel; E. C. Holliday, Mar- 
 shall; Alexander Scott Withers , 4 Lewis; E. T. Graham, Wirt; 
 F. H. Pierpont, Marion; Spencer Dayton, Barbour; George S. 
 Senseney, Frederick; John S. Burdett, Taylor; A. B. McQuilkin,- 
 Berkeley; Friend Cochran, Pleasants; Irwin C. Stump, Boane; 
 S. Martin, Gilmer; C. P. Bohrbaugh, Upshur; Capt. Owen D. 
 Downey, Hampshire; A. J. Foley, Doddridge . 5 
 
 Mr. Willey,, of Monongalia, being entitled to the floor, pro- 
 ceeded to deliver a speech of great length, which for reasons already 
 enumerated, we are compelled to omit. He occupied substantially 
 the same grounds taken by General Jackson, and was followed by 
 Campbell Tarr, of Brooke, who reviewed his positions and those 
 of Jackson with a good deal of severity. He declared boldly for 
 the position taken by Mr. Carlile; that the time for compromise 
 
 4. Author of “Chronicles of Border Warfare,” published at Clarksburg - , 
 Western Virginia, in 1831. 
 
 5. A. J. Foley was incorrectly credited to Ritchie. He was certainly a dele- 
 gate from the county of Doddridge. — V. A. L. 
 
46 Proceedings and Journals op the Conventions op 
 
 and talk had passed; that now nothing but decisive and prompt 
 action could avert the impending dangers. This was the time to 
 strike, and he knew a response to that declaration would come up 
 from the entire valley of the Ohio to the Alleghenies. 
 
 The Convention then adjourned. 
 
 THE SECOND DAY, 
 
 TUESDAY, MAY 14, 1861. 
 
 FORENOON proceedings. 
 
 The Convention assembled at 10 o’clock Tuesday morning, ac- 
 cording to adjournment. The religious exercises of the morning 
 were conducted by Rev. AVesley Smith. 
 
 The minutes of the previous day’s proceedings were read by 
 the Secretary. At the suggestion of Mr. Carlile, the county of 
 Frederick was stricken from the list of counties which had ac- 
 credited delegations on the floor, as enumerated by the report 
 of the Committee on Credentials. It would place the gentleman 
 from Frederick in an unpleasant position ; and it would appear 
 to the country, if he were admitted here as a fully accredited del- 
 egate, without having been appointed as such by any meeting, 
 that perhaps the rest of the delegations were here in the same un- 
 authorized way. 
 
 The Chair stated that he has issued a card of admission, un- 
 der the resolution of the Committee on Credentials, to the gentle- 
 man from Frederick. 
 
 Some other amendments were made to the minutes, and they 
 were adopted. 
 
 Mr. Lazier, of Monongalia, hoped the Convention and those 
 outside the bar would refrain from any expressions of applause 
 or disapproval, during the sittings of the Convention. 
 
 Mr. 'Willey rose to a privileged question. He had been, it 
 seemed, misunderstood in his remarks last evening defining his 
 position. He had been understood to say that his view of the 
 proper course of the Convention was, that it should adjourn until 
 after the ensuing -election, without taking any action whatever. 
 He had intended to say that he differed from Mr. Carlile in the 
 views that gentleman entertained in regard to the proper course 
 
the People op Northwestern Virginia in 1861. 
 
 47 
 
 to be pursued here. Nevertheless he wished to declare a distinct and 
 unequivocal position in condemnation of the usurpation at Rich- 
 mond, and lay down a platform upon which to organize the pub- 
 lic sentiment for a separation of the State. He said further, that 
 previous engagements would necessarily call him away from the 
 Convention to-morrow, and he would have to ask to be released 
 from his position in the Committee on State and Federal Rela- 
 tions. 
 
 Mr. Willey was released with the understanding that he con- 
 tinue to serve while present. 
 
 General Jackson moved that the Convention adjourn till 
 2 o’clock, P. M., when the Committee will probably be able to re- 
 port, with the understanding that if the Committee cannot report 
 then this body stand adjourned till 5 o’clock P. M.. 
 
 Colonel Wheat, (James S.,) of Ohio, asked the gentleman to 
 withdraw his motion a few minutes till he could have an opportun- 
 ity to read a few resolutions. He then read the following, which 
 were afterwards referred to the Committee on State and Federal 
 Affairs : 
 
 MR. WHEAT’S RESOLUTION. 
 
 “1. Resolved, That in our deliberate judgment the ordinance passed 
 by the Convention of Virginia on the 17th day of April, 1861, commonly 
 known as the ordinance of secession by which said Convention under- 
 took in the name of the State of Virginia, to repeal the ratification of 
 the Constitution of the United States of America, by this State, and to re- 
 sume all the rights and powers granted under said Constituion, is un- 
 constitutional, null and void. 
 
 “2. Resolved, That the schedule attached to said ordinance suspending 
 and prohibiting the election for members of Congress from this State, 
 to the House of Representatives of the Congress of the United States, 
 required by law to be held on the 4t.h Thursday of this month, is a mani- 
 fest usurpation of power, to which we as Virginia freemen ought not, 
 cannot, and will not submit. 
 
 “3. ResoVved, That the Convention of the 24th of April, 1861, between 
 the Commissioners of the Confederate States and this State, and the 
 ordinance of the 25th of April, 1861, approving and ratifying said Con- 
 vention, in agreement by which the whole military power and military 
 operations, offensive and defensive of the Commonwealth, were placed 
 under the chief control and direction of the President of the Confederate 
 States, upon the same principle and footing as if the Commonwealth 
 were now a member of said Confederacy, and all the actings and doings 
 of the executive officers of our. State under and in pursuance of said 
 agreement are plain and palpable violations of the Constitution 
 of our State, and are utterly subversive of the rights and liberties of 
 the good people thereof. 
 
 “4. Resolved, That it be earnestly recommended to our fellow-citizens 
 of this State, at the approaching election to vindicate their rights as 
 Virginia freemen by voting against said ordinance of secession, and all 
 other measures of like character, so far as they may be made known 
 to them. 
 
48 Proceedings and Journals op the Conventions op 
 
 “5. Resolved , That it be also urged upon them to vote for members 
 of Congress of the United States, in their severai districts, in the exer- 
 cise of the rights secured to us by the Constitution of the United States, 
 and of Virginia. 
 
 “6. Resolved , That it be also recommended to the citizens of the sev- 
 eral counties to vote at said election for such persons as may enter- 
 tain the opinions in the foregoing resolutions, as members of the House 
 of Delegates of our State. 
 
 “7. Resolved, That it is the imperative duty of our citizens to main- 
 tain the Constitution and the laws thereof, and all officers there-under 
 acting in the lawful discharge of their respective duties. 
 
 “8. Resolved, That in the language of George Washington in his letter 
 of the 17th of September, 1787, to the President of Congress: ‘in all our 
 deliberations on this subject we keep steadily in our view that which 
 appears to us the greatest interest of every true American, the con- 
 solidation of our Union, in which is involved our property, felicity, safety 
 and perhaps our national existence.’ Therefore we will maintain and 
 defend the Constitution of the United States and the laws made in pur- 
 suance thereof, and all officers acting there-under in the lawful discharge 
 of their respective duties.” 
 
 These resolutions were referred to the Committee on Federal 
 Relations. 
 
 Mr. Carlile then with a view of harmonizing and ascertain- 
 ing the sentiments of the Convention, he had drawn up a resolu- 
 tion which he desired to submit, and to accompany with some few 
 remarks by way of explanation. He understood, he thought, one 
 thing at least, that it was the unanimous determination of this 
 body to consent under no circumstance, to their transfer to the 
 so-called Southern Confederacy. The only diversity amongst them 
 was as to the means of resistance — the means by which this deter- 
 mination could be made effectual. Of course the proposition he 
 should submit would come with no authoritative expression of 
 opinion, but just as if emanating from any other of the body. It 
 was, however, the result of many long, well-considered and well- 
 matured opinions and convictions.' He would add that they were 
 given shape and form this morning, after a night spent without 
 sleep. He then read the resolution as follows: 
 
 MR. CARLILE >S RESOLUTION. 
 
 "Resolved, That the Committee on State and Federal Relations be in- 
 structed to report an ordinance declaring that the connection of the 
 counties in this State composing the Tenth and Eleventh Congressional 
 Districts, to which shall be added the county of Wayne, with the other 
 portions of the State is hereby dissolved, and that the people of the said 
 counties are in full posession and exercise of all the rights of sovereignty 
 which belong and appertain to a free and independent State in the 
 United States and subject to the Constitution thereof; and that the said 
 committee be instructed to report a constitution and form of government 
 for said State, to be called the State of New Virginia; and also that 
 they report a declaration of the causes which have impelled the people 
 of the said counties thus to dissolve their connection with the rest of the 
 
the People of Northwestern Virginia in 1861. 
 
 49 
 
 State, together with an ordinance declaring that said constitution and 
 form of government shall take effect and he an act of this day when the 
 consent of the Congress of the United States and of the Legislature of 
 the State of Virginia is obtained, as is provided for by section 3, Article 
 4 of the Constitution of the United States.” 
 
 Mr. Carlile then proceeded with his explanation, when 
 
 Mr. Wheat called him to order. He raised the point of or- 
 der that every proposition like this must he referred to the com- 
 mittee without debate or further explanation. 
 
 Mr. Carlile replied that they had adopted a resolution in 
 the Richmond Convention by which all resolutions touching fed- 
 eral relations were to be referred “without debate,” as the reso- 
 lution said. And yet, they were engaged for weeks in the discus- 
 sion of resolutions of instruction to that committee. This is a res- 
 olution of instruction, and even if it were but of inquiry, the reso- 
 lution adopted yesterday does not prevent debate on it. There 
 were very good precedents for the course he proposed. 
 
 Mr. Willey read the resolution creating the Committee on 
 State and Federal Relations, and said the first business was to 
 refer the resolution to that committee. 
 
 Mr. Carlile replied that his resolution contemplated a refer- 
 ence to that very committee. The ultimate action of this body of 
 course takes place after the report of that committee. 
 
 Mr Wheat regretted that his friend from Harrison should 
 try to forestall the action of the Convention. The resolution in- 
 structed the Committee to make a specific report involving ques- 
 tions of great magnitude. It instructs the Committee to report 
 an ordinance to establish an independent government within the 
 State of Virginia. He presumed the Convention was not unpre- 
 pared to meet that question but this was not the proper mode by 
 which to do so. 
 
 Mr. Carlile said: “With a view to conciliation and harmony, 
 I am perfectly willing to put it in the shape of a resolution of in- 
 quiry. ’ ’ 
 
 Mr. Wheat. That will do. 
 
 Mr. Jackson said the resolution ought, to be referred. He 
 had intended to move an adjournment, but had given way in order 
 that the gentleman (Mr. Wheat) might read his resolutions. If 
 this proposition was to be entertained a moment, he would take 
 his hat and leave the hall, and the delegation from Wood would 
 go with him. He insisted that his motion to adjourn should be 
 put. 
 
50 Proceedings and Journals op the Conventions of 
 
 Mr. Carlile said the motion to adjourn had been withdrawn 
 and was not in order, and besides it would be the grossest injus- 
 tice not to permit him to explain the motives he had in offering 
 his resolution. i 
 
 General Jackson objected, and insisted that his motion 
 to adjourn was in order. 
 
 The Chair said it was his opinion that no debate upon any 
 proposition looking to the definite action by the Convention was in 
 order until the Committee on State and Federal Relations had re- 
 ported. 
 
 Mr. Carlile. Then I appeal from the decision of the Chair. 
 
 General Jackson. It is not in order. 
 
 Mb.' Carlile. The question of order decided by the Chair 
 is not the question before the committee. My resolution as I said 
 is merely one of inquiry. I merely wish to explain. 
 
 The Chair. He has the right to explain the resolution to be 
 submitted to the committee. 
 
 Mr. Carlile: “Mr. President, it is due to me, due to the 
 correct understanding of the country, and due to the position I 
 occupy be/ore the country, that I shall be allowed to make this ex- 
 planation. It is represented that a proposition looking to a sepa- 
 rate State government is revolutionary in its character. I deny it. 
 It is the only legal, consitutional remedy left this people if they 
 do not approve the action of the Virginia Convention. 
 
 ‘ 1 1, like the gentleman from Monongalia, desire to exhaust all the 
 legal and peaceable remedies before ever we are compelled to the 
 ultima ratio of nations. But is there, can there be, aything revo- 
 lutionary in availing ourselves of the constitutional means pro- 
 vided in the organic law of the land, for the very purpose of pro- 
 tecting our interests? Is it possible that a gag law is in force, 
 and that thought and freedom of speech have ceased to exist in 
 this once free land? Is it revolutionary or illegal to discuss the 
 propriety of availing ourselves of a constitutional right? The 
 Constitution of the United States, which is also the Constitution 
 for Virginia ; which is the supreme law of the land ; which is to be 
 obeyed and respected by all, even by the Constitutions of the sev- 
 eral States — which makes null and void every constitutional pro- 
 vision of a State, and every legislative enactment whi£h is in con- 
 flict with that instrument — and is there a man here that needs 
 to be told it that the Constitution of the United States provides ex- 
 
the People of Northwestern Virginia in 1861. 
 
 51 
 
 pressly and in terms plain and unmistakable for the separation of 
 a State and the erection of a new State within the boundaries of 
 a State out of which a new State is to be formed ? If that be true, 
 and no man can deny it— if there be such a provision in the Con- 
 stitution of the United States, pray tell me where is there anything 
 revolutionary in discussing and deliberating and exercising a priv- 
 ilege thus secured to them by that instrument? I desire once for all 
 to say to gentlemen, they are endeavoring to evade the issue by at- 
 tempting to alarm the fears of men by stigmatizing the exercise of 
 a plain and constitutional right as revolutionary. It is a peaceful, 
 legal, constitutional remedy secured to us by the same instrument 
 which secures freedom of speech and the right of trial by jury. 
 Nor is there anything in this right inconsitent with what gentlemen 
 are pleased to term their ‘allegiance’ to either the State or Fed- 
 eral Government. There is no treason, as gentlemen would en- 
 deavor to impress. There is no periury in it, as they have at- 
 tempted to assume. Sir, you may swear to support the Constitu- 
 tion of your State and the Constitution of the United States, but 
 is it a violation of your oath to exercise a plain constitutional right 
 secured to you in the very instrument and by the very instrument 
 you swear to support? Therefore do I beg members of this Con- 
 vention to weigh well all arguments that may be addressed to their 
 fears. He who tabes counsel from his fears is ill fitted for the 
 emergency in which this people is now placed. (Applause.) 
 
 ‘ ‘ But it has been said that this Convention was called here alone 
 for consultation. Sir, it happens to be my pride that I had the 
 honor to draw up the preamble and resolutions which were adopt- 
 ed by the meeting in my county and which have result- 
 ed in the bringing together of this Convention. Now let us see 
 what was contemplated in our assembling here. Every meeting 
 held, and which has appointed delegates here, has been held in 
 response to those resolutions. Those resolves, among other things, 
 say that this Convention was called ‘to consult and determine upon 
 such action as the people of Northwestern Virginia should take in 
 the present fearful emergency.’ 
 
 “That is the call, and such is your duty. It contemplated ‘ac- 
 tion’ that would keep us in the Union, and would preserve to us 
 and to our children and to all posterity, the liberties achieved by 
 the illustrious dead. 
 
 “It is said we are not prepared to take action. Sir, when will 
 we be better prepared? If this action be our constitutional right. 
 
: 52 Proceedings and Journals of the Conventions of 
 
 who will dare to say that anywhere within the limits of this Union, 
 any man is authorized to resist such action? Who dare to say 
 that this remedy can be exercised only by virtue of force ? Sir, all 
 the privileges of freemen may he attempted to he suppressed by 
 had men, and will be, if they can, and if we have not the nerve 
 and courage to repel such force and sustain ourselves in onr con- 
 stitutional rights. — And, sir, there is no more reason why action 
 on the part of this Convention, looking to a separation from an- 
 other portion of the State, under the Constitution and laws of the 
 land, should not be taken, than there is to resist, by force, the as- 
 sertion of any other constitutional right. But those who would en- 
 deavor to alarm us and deter ns from entertaining, and consider- 
 ing, and exercising this right by terming it revolutionary, make 
 the assertion with nothing on earth to sustain it, that we are not in 
 a state of preparation. Sir, we will never be in a state of prepa- 
 ration if we are not now. What means of defense or protection 
 are we likely to have within the next six or twelve months that we 
 have not to-day.” 
 
 Mr. Wheat called Mr. Carlile to order. 
 
 Mr. Carlile. The gentleman will reduce his objections to 
 writing. 
 
 Mr. Wheat, after having done so: The gentleman from Har- 
 rison by extending his remarks beyond what is known as an ex- 
 planation is arguing the merits of the proposition contained in his 
 resolution and opening the door to general debate, and denying 
 all other members the right to reply to his arguments, thus fore- 
 stalling the independent action of the Committee. 
 
 Mr. Carlile had understood the Chair to say if he confined 
 himself to an explanation he was in order. He had been explain- 
 ing the first and most important branch of his resolution, which 
 is the peaceful constitutional right of this separation, as I have 
 shown by authority. Any gentleman had .the same right to dis- 
 cuss the question that he had. 
 
 The Chair said that any general debate was out of order un- 
 til the Committee on State and Federal Relations had reported, 
 but the gentleman had a right to make an explanation. The 
 Chair thinks though he is now out of order. 
 
 Mr. Carlile. “I will try to confine myself to an explana- 
 tion. I desire to say that this resolution does not contemplate that 
 all action shall be deferred until the country gets into a better 
 
the People op Northwestern Virginia in 1861. 
 
 53 
 
 state of preparation’ than now; and I desire to put the inquiry 
 to the Convention, when will we be better prepared to avail our- 
 selves of this constitutional right than now? After the 23d of this 
 month it will not he a Constitutional right. We will have been 
 transferred to the Southern Confederacy, and the Constitution of 
 the United States, under the theory of those who advocate this 
 doctrine of withdrawing from the Union at will, will no longer 
 shield and support us; the soil upon which we stand will be no 
 longer the soil of the United States; and if every member of the 
 Legislature of Virgina, and every man, woman and child in the 
 State were willing for our separation, the separation could not be 
 made without the consent of the Montgomery government, and that 
 could only be obtained by treaty, and negotiations by ministers 
 on the part of the two hostile governments, as they are now, and 
 as they may remain. And no treaty negotiations can ever be had 
 until the hostility ceases, and the Southern Confederacy is recog- 
 nized by the Government of the United States. This is where we” — 
 
 Mr. Lazier, of Monongalia — It. would certainly be better to 
 leave the discussion of this until the report of the Committee. 
 
 The Chair said he felt compelled to arrest the discussion now. 
 
 General Jackson claimed the floor. He insisted that his 
 motion to adjourn had precedence. Mr. Carlile, he said, was out 
 of order. 
 
 Mr. Carlile then appealed from the decision of the Chair, 
 but subsequently, for the sake of harmony, as he said, withdrew 
 the appeal, and gave way for the motion to adjourn. 
 
 General Jackson withdrew his motion to adjourn, and 
 on his motion it was ordered that all gentlemen who had proposi- 
 tions to submit to the committee on State and Federal Relations," 
 be requested to hand them in, and that the committee be instructed 
 to consider them. He then renewed his motion to adjourn till 2 
 o’clock, and the Convention then adjourned. 
 
 THE AFTERNOON SESSION. 
 
 The Convention met at the appointed hour and was called to 
 order. 
 
 Mr. Lazier said he had just returned from the room of the 
 Committee on State and Federal Relations. The Committee are 
 not prepared to report now, and will not be by 5 o ’clock. I there- 
 
54 Proceedings and Journals op the Conventions op 
 
 fore move that the convention do now adjourn to meet this even- 
 ing at 7 o’clock. The motion was put and the Convention ad- 
 journed. 
 
 EVENING SESSION. 
 
 The Convention met at 7 o’clock, and the' Chairman' stated the 
 first business before the body would be to receive the report of the 
 Committee on State and Federal Relations. 
 
 George McC. Porter, of Hancock, Chairman, reported on 
 behalf of the committee, a series of resolutions, comprising those 
 offered in the morning session by Mr. Wheat, with the addition of 
 the following: 
 
 “ Resolved . That in view of the geographical, social, commercial and in- 
 dustrial interests of North Western Virginia, we pronounce the policy of 
 the Convention in changing the relation of the State to the Federal 
 Government, and annexing us to the Confederate States, unwise and ut- 
 terly ruinous and disastrous to all the material interests of our section, 
 severing all our social ties and drying up all the channels of our trade 
 and prosperity. 
 
 " Resolved , That should the Ordinajice of Secession be adopted, then we 
 recommend to the several counties with us, to hold elections at the 
 several precincts therein, on the 4th day of June, 1861, for delegates to 
 a General Convention, to be held at Wheeling on the 11th day of June, 
 1861, to devise such measures, and take such action as the safety and wel- 
 fare of Virginia may demand; each County to appoint a number of 
 representatives to said Convention equal to double the number to 
 which it will be entitled in the next House of Delegates; and that the 
 Senators and Delegates to be elected on the 23d instant, to the next 
 General Assembly of Virginia by the Counties referred to, be declared 
 members of said Convention. 
 
 “Resolved. That inasmuch as it is a conceded political axiom, that 
 government is founded on the consent of the governed and is instituted 
 for their good, and it cannot be denied that the course pursued by the 
 ruling power in the State, is utterly subversive and destructive of our 
 interests, we believe we may rightfully and successfully appeal to the 
 proper authorities of Virginia, to permit us peacefully and lawfully to 
 separate from the residue of the State, and form ourselves into a gov- 
 ernment to give effect to the wishes, views and interests of our constit- 
 uents. 
 
 Resolved. That the public authorities be assured that the people of the 
 Northwest will exert their utmost power to preserve the peace, which 
 they feel satisfied they can do, until an opportunity is afforded to see 
 if our present difficulties cannot receive a peaceful solution; and express 
 the earnest hope that no troops of the Confederate States be introduced 
 among us, as we believe it would be eminently calculated to produce civil 
 war. 
 
 “Resolved. That 'be appointed a Committee to prepare an 
 
 address to the people of Virginia, in conformity with the foregoing reso- 
 lutions, and cause the same to be published and circulated as extensively 
 as possible.” 
 
 Mr. Cariji.e moved to re-eommit the report with instructions, and 
 after reading the resolution which he offered in the morning’s ses- 
 
the People of Northwestern Virginia in 1861. 
 
 55 
 
 sion, and submitting it as a resolution of instruction, proceeded 
 to address the Convention at considerable length, in advocacy of 
 the motion, and urging that the convention should take some ac- 
 tion more effective than the mere adoption of paper resolutions. 
 (We will, at the earliest possible moment, publish a verbatim re- 
 port of the speech of Mr. Carlile. — Editor. See Appendix.) 
 
 After Mr. Carlii.e had concluded, Mr. Willey obtained 
 the floor and proceeded at great length to reply to the propositions 
 and arguments of Mr. Carlile. He said the proposition of Mr. 
 C. was a violation of the law, and it was treason not only against 
 the Constitution of Virginia, but against the Constitution of the 
 United States. He assumed all the way through that such action 
 would of necessity bring on war in our midst. After he had con- 
 cluded, 
 
 On motion the Convention then adjourned to 9 o’clock to- 
 morrow. 
 
 After the adjournment some one proposed three cheers for New 
 Virginia, which went up with a wild and almost ferocious yell. 
 Three more were given for Carlile, and the spectators and dele- 
 gates dispersed. 
 
 LIST OF DELEGATES TO THE CONVENTION BY 
 COUNTIES. 
 
 Parbour County. — E. H. Menafee, Spencer Dayton and John H. Shuttle- 
 worth. 
 
 Berkeley County. — A. R. McQuilkin, .Jolin W. Dailey, and J. E. Bowers. 
 
 Brooke County. — Adam Kuhn, David Hervey, Campbell Tarr, Nathaniel 
 Wells, J. R. Burgoine, James Archer, Jesse Edgington, R. L. Jones, 
 James A. Campbell, Robert C. Nicholls, Joseph Gist, John G. Jacob, Eli 
 Green, John D. Nicholls, Bazeleel Wells and Montgomery Walker. 
 
 Doddridge County. — J. Chevront, S. S. Kinney, J. Smith, Janies A. Foley, 
 J P. F. Randolph. 
 
 Frederick County. — George S. Senseney. 
 
 Qtlmer County. — S. Martin. 
 
 Hampshire County. — Owen D. Downey, George W. Broski, Dr. B. B. 
 Shaw, George W. Sbeetz, George W. Rizer. 
 
 Hancock County. — George McC. Porter, W. L. Crawford, Louis R. Smith, 
 J. C. Crawford, B. J. Smith, Thomas Anderson, William B. Freeman, 
 W. C. Murry. J. L. Freeman, John Gardner, Geo. Johnston, J. S .Porter, 
 James Stevenson, J. S. Pomeroy, R. Breneman, Daniel Donahoo, D. S. 
 Nicholson, Thayer Melvin, ESwing Turner, James H. Pugh, H. Farns- 
 worth, James G. Marshall, Samuel Freeman, John Mahan, David 1 
 Jenkins, William Hewitt, William Brown, A. Moore, D. C. Pugh, Johna- 
 than Allison, John H. Atkinson, Joseph W. Allison. 
 
 Harrison County. — John S. Carlile. Thomas L. Moore, John J. Davis, 
 Solomon S. Fleming, Felix S. Sturm, James Lynch, William E. Lyon, 
 Lot Bowen, Dr. Duncan, Waldo P. Goff, Benjamin F. Shuttleworth. 
 
56 Proceedings .-v nd Journals op the Conventions op 
 
 Jackson County. — Andrew Flesher, David Woodruff, C. M. Rice, Geo. 
 
 Leonard, J. F. Scott, G. L. Kennedy, J. V. Rowley. 
 
 Lems County. — T. M. Chalfant, Alexander Scott Withers, J. W. Hudson, 
 Perry M. Hale, J. Woofter, W. L. Grant, J. Ames, J. A. J. Lightburn. 
 Marion County. — R. R. Brown, J. C. Beeson, Isaac Holman, Thomas H. 
 Barnes, Hiram Haymond, Harvey Merrifiehl, G. W. Jolliffe, John Chis- 
 ler, Thomas Hough, William Beatty, James G. Beatty, Aaron Hawkins, 
 Jacob Sturm, Francis II. Pierpont, Jesse Shaw, Joshua Carter. 
 Marshall County. — John H. Dickey, John Parkinson, Thomas Morris, W. 
 Alexander, John Laughlin, W. T. Head, J. S. Parriott, William J. 
 Purdy, H. C. Kemple, Joseph Turner, Hiram McMechen, E. H. Cald- 
 well, James Garvin, L. Gardner, IT. A. Francis, Thomas Dowler, John 
 
 R. Morrow, William Wasson, Nat Wilson, Thomas Morgan, S'. Dor- 
 
 sey, Jr., R. B. Hunter, J. W. McCarriher, J. B. Morris, R, C. Holliday, 
 William Collins, W. R. Kimmons, G. W. Evans, William McFarland, 
 J. Hornbrook, John Reynolds, Remembrance Swan, J. B. Hornbrook, 
 James Campbell, F. Clement, J* Winders, William Baird, Dr. Marsh- 
 man, William Luke, J. Garvin, S. Ingram, William Phillips, Jr., A. 
 Francis, Thomas Wilson, Lot Enix, G. Hubbs, John Wilson, John 
 Ritchie, J. W. Bonar, J. Alley, S. B, Stidger, Asa Browning, Samuel 
 Wilson, J. McCondell, A. Bonar. D. Price, G. W. Evans, D. Roberts, 
 George Hubbs, Thomas Dowler. R. Alexander, E. Conner, Charles 
 
 Snediker, John Winters, Nathan Fish, Y. P. Gorby, Alfred Gaines, J. 
 
 S. Riggs, Alexander Kemple, Joseph McCombs, W. Alexander. 
 
 Mason County. — Joseph S. Machir, Lemuel Harpold, William E. Wetzel, 
 
 John Godley, Wyatt Willis, William Wiley Harper, William Harpold, 
 Daniel Polsley, Samuel Davies, J. N. Jones, Samuel Yeager, R. C. M. 
 
 Lovell, Barney J. Rollins, David C. Sayre, Charles H. Bhmgardner, 
 
 John 0. Butler, Timothy Russell, John Hall, A. A. Rogers, William 
 Hopkins, Eugene B. Davis, David Rossin, Asa Brigham, Charles B. 
 Waggener, John M. Phelps, Stephen Comstock, W. C. Starr, John 
 Greer, Apollo Stevens, Major Brown, John J. Weaver. 
 
 Monongalia County. — Waitman T. Willey, James Evans, Leroy Kramer, 
 William A. Hanaway, William Lazier, Elisha Coombs, George Mc- 
 Neeley, Henry Dering, Dt. H. N. Mackey, Evans D. Fogle, James T. M. 
 Lasky, James T. Hess, Charles H Burgess, John Bly, William Price, 
 Dr. A. Brown, Dr. J. V. Boughner, D. P. Fitch, E. B. Taggart, Alpheus 
 Garrison, Dr. John McCarl, J. A. Wiley, Joseph Snyder, Joel Bowlsby, 
 Amos S. Bowlsby, A. Derrant, N. C. Vandervort, Daniel White, Dr. 
 D. B. Dorsey, Jacob Miller, Dr. Isaac Scott, Marshall M, Dent, Rev. 
 Peter T. Laishley, Edward P. St. Clair, William B. Shaw, P. L, Rice, 
 Joseph Jolliffe, William Anderson. 
 
 Ohio County. — John Alman, L. S. Delaplain. J. R. Stifel, Gibson Lamb 
 Cranmer, Alfred Caldwell, John McLure, Jr., Andrew Wilson, George 
 Forbes, A. J. Woods, Thomas H. Logan, James S. Wheat, George W. 
 Norton, N. H. Garrison, E. Buchanan, John Pierson, P. Witham, Perry 
 Whitten, E. McCaslin, A. B. Caldwell, John R. Hubbard, A. F. Ross, 
 William B. Curtis, John Steiner, Daniel Lamb, Chester D. Hubbard, 
 H. Armstrong, S. H. Woodward, James W. Paxton, A. A. Handlan, 
 Stephen Waterhouse, J. Hornbrook, L. D. Waitt, John K. Botsford, 
 George Bowers, Robert Crangle, J. M. Bickel, James Pauli, John C. 
 Hoffman, Jacob Berger, A Bedillion, Sr., George Tingle, Samuel Mc- 
 Culloch, J. C. Orr. 
 
 Pleasants County. — Friend Cochran, Robert Parker, R. A. Cramer, James 
 W. Williamson. 
 
 Preston County. — Harrison Hagans, R. C. Crooks, W. H. King, James W. 
 Birown, Charles Hooton, Summers McCrum, William B. Zinn, W. T. 
 Brown, Reuben Morris, D. A. Litzinger, John Howard, G. H. Kidd, 
 James A. Brown, William P. Fortney. 
 
 Ritchie County. — Noah Rexroad, D. Rexroad, J. P. Harris, A. S. Cole. 
 Roane County. — Irwin C. Stump. 
 
the People op Northwestern Virginia in 1861. 
 
 57 
 
 Taylor County. — J. Means, J. M. Wilson, T. Kennedy, Thomas Cather, 
 John S. Burdett, J. J. Allen, B. Bailey, George R. Latham, T. T. Monroe, 
 J. J. Warren. j 
 
 Tyler County. — Daniel D. Johnson, Daniel Sweeny, Y. Smith, W. B. 
 Kerr, J. C. Parker, James M. Smith, J. H. Johnston, Isaac Davis, S. H. 
 Hawkins, D. King, William Prichard. 
 
 Upshur County. — W. E. Williams, C. P. Rohrbaugh. 
 
 Wayne County. — William W. Brumfield, C. Spurlock, F. Moore, William 
 H. Copley, Walter Queen. 
 
 Wetzel County. — F. E. Williams, Joseph Murphy, Elijah Morgan, William 
 Burrows, B. T. Bowers, J. R. Brown, J. M. Bell, Jacob Young, Reuben 
 Martin, R. Reed, Sr., Richard Cook, A. McEldowney, B. Van Camp, 
 John McClaskey, S. Stephens, R. W. Lauck, John Alley, Thomas Mc- 
 Quown, George W. Bier, William D. Walker, R. S. Sayers. 
 
 Wirt County. — Henry Newman. E. T. Graham, B. Ball. 
 
 Wood County. — S. L. A. Burche, John ,T. Jackson, Sr., J. D. Ingram, A. 
 Laughlin, Wellington Vrooma.n, J. C. Rathbone, G. E. Smith, D. K. 
 Baylor, M. Woods, Andrew Alls, Joseph Dagg, Jr., N. W. Warlow, 
 Peter Riddle, John Paugh, T. E. McPherson, Thomas Leach, 9. S. 
 Spencer, E. Deem, N. H. Colston. A. Hinckley, Bennett Cook, George 
 W. Henderson, George Loomis, J. L. Padgett, S'. D. Compton, S. N. 
 Peterson, G. H. Ralston, Y. A. Dunbar, A. R. Dye, W. K. Baker, Wil- 
 liam Johnston, Jr., Dr. Jesse Burche, S. Ogden, Sardis Cole. P. Reed, 
 John MeKibben, W. Athey. C. Hunter, W. P. Davis, R. H. Burke, 
 George Compton, C. M. Cole, Roger Tiffins, Edward Hoit, W. B. Caswell, 
 Peter Dlls, W. F. Henry, A. C. McKinsey, Rufus Kinnard, John J. 
 Jackson, Jr., C. J. Neal, J. G. Blackford, Henry Cole, W. E. Stevenson, 
 Jesse Murdock, J. Burche, J. Morrison, A. H. Hatcher, A. Mather, 
 Charles B. Smith, Arthur Drake, H. Rider, B. H. Bukey, John W. Moss, 
 R. S. Smith, M. P. Amiss, T. Hunter, J. Barnett, T. S. Conley and 
 J. J. Neal. 
 
 THE THIRD DAY, 
 
 WEDNESDAY, MAY 15, 1861. 
 
 FORENOON PROCEEDINGS. 
 
 The Convention assembled and was called to order at nine 
 o’clock. The opening prayer was made by Rev. R. V. Dodge. 
 
 Mr. Elesher, of Jackson, rose to a question of privilege. He 
 read from the Wheeling Union the proceedings of a public meeting 
 in his county, and said that the article was a libel upon the char- 
 acter of the people he helped to represent. 
 
 The Secretary then read the journal of the preceding day. 
 
 * Mr. W illey having the floor. 
 
 Mr. Caklile asked leave to add to the resolution which he sub- 
 mitted yesterday evening the following: 
 
 That the said committee provide for submitting the said ordinance 
 to a vote of the people in the said counties of this State at the election 
 to be held on the 23d inst.. 
 
58 Proceedings and Journals op the Conventions op 
 
 • 
 
 A member also asked and obtained leave to read a series of 
 resolutions. The resojutions suggested the propriety of the adop- 
 tion of the present constitution and laws of the State, and recom- 
 mending the holding of an election to elect delegates to a conven- 
 tion to revise the Constitution and organize a separate State; that 
 the convention at once organize a provisional government by elect- 
 ing three persons to constitute a committee of safety, whose duty 
 it will be to exercise the constitutional power of Governor and 
 Council of Virginia, until a complete organization could be effect- 
 ed; that the Convention is ardently attached to the Constitution 
 of the United States, and the Federal Government is earnestly 
 requested to establish a line of military posts along up the valley 
 of the Shenandoah, from Harper’s Ferry to the Tennessee line, 
 and up the Great Kanawha. ' * 
 
 The reading of the resolution occasioned a good deal of merri- 
 ment. They were referred to the appropriate committee. 
 
 Mr. Willey then resumed his argument, and proceeded to ad- 
 dress the Convention at length. He opposed the organization of a 
 provisional government, and said it would be treason against the 
 State Government of the United States and against the Govern- 
 ment of the C. S'. A. He urged also that it would inevitably bring 
 war and ruin upon this part of the State. He remonstrated 
 against such action, and asked for the mode of redress proposed in 
 the resolutions of the committee. He would never lend himself to 
 an insurrectionary or unconstitutional means of accomplishing an 
 object which he thought could be accomplished according to law. 
 
 Mr. Polsley, of Mason, addressed the Convention at some 
 length, in favor of a separation. He was not terrified by the cry 
 of treason that had been raised here. If there were any treason 
 in the matter they had already commited it. He referred to the 
 precedent set by California in her organization. We had the 
 right to establish a provisional government here for the entire 
 State. 
 
 Mr. Carlile was willing to take the position the gentleman 
 nad indicated, if it should be the pleasure of the Convention to 
 recommend the report. 
 
 John J. Jackson, Jr., moved that the Convention go into secret 
 session. 
 
 Mr. Pierpont hoped it would not be done. 
 
 Mr. Lazier wished to add to the motion, “that the clergymen 
 
the People op Northwestern Virginia in 1861. 
 
 59 
 
 of the city be permitted to remain and the ladies be allowed to 
 occupy the side boxes.” (Laughter.) 
 
 Mr. Carlile was willing, if it were deemed advisable, to vote 
 for the proposition. 
 
 John R. Hubbard, of Ohio county, opposed it, and said it would 
 he hut imitating the Star Chamber Convention at Richmond. He 
 spoke of the motion as being that of Mr. Carlile, of Harrison. 
 
 Mr. Carlile disclaimed, and said he had merely expressed a 
 willingness to acquiesce. 
 
 General Jackson trusted the motion would be withdrawn. 
 
 Mr. Burdett trusted it would not be withdrawn. He believed 
 it necessary to fight the devil with fire, and was in favor of going 
 into secret session. 
 
 Mr Jackson withdrew the motion, and 
 
 Mr. Pierpont obtaining the floor, proceeded to address the 
 Convention in favor of the adoption of the report of the Commit- 
 tee on State and Federal Relations, and in opposition to the plan 
 of establishing a Provisional Government. In the course of his 
 remarks he alluded to Mr. Carlile, and said that all other gentle- 
 men were to be driven from the field. 
 
 Mr. Carlile protested that he had said nor done nothing, au- 
 thorizing any such inference; and he said now to this Convention 
 and to the people of Virginia, that he had filled the last office he 
 ever would fill with his own consent. (Applause.) 
 
 Mr. Pierpont also incidentally remarked in the course of 
 his speech, that there would soon be any amount of men and 
 money here to protect Union men in Northwestern Virginia. 
 
 Mr. Carlile asked Mr. Pierpont to give his authority for the 
 assertion ; Mr. Pierpont was about to do so, but on the suggestion 
 of several gentlemen, refrained. 
 
 Mr. Carlile said he did not ask it out of any doubt as to the 
 entire truthfulness of the statement. He had understood him to 
 speak of it as a mere supposition. 
 
 Mr. Carlile then stated that it had been charged on him, 
 that he was at Washington a short time since, engaged in procuring 
 arms, and that the two thousand now here had been obtained 
 through him. It was not true. The arms were procured by a del- 
 egation of gentlemen from Brooke County, and he himself was 
 two hundred miles away from Washington at that time, where he 
 had not been at all. 
 
 Mr. Pierpont had' alluded to several manifestations on the 
 
60 Proceedings and Journals op the Conventions of 
 
 part of the spectators as an outside pressure, and said that the 
 spectators were endeavoring by such expressions to intimidate 
 gentlemen in the Convention, when 
 
 Mr. Wheat arose and said, that he had lived here all his 
 life, and knew well the temper of his fellow citizens of this city. 
 He was sure Mr. Pierpont did them gross injustice. He reminded 
 the spectators that it was improper for them to take any part in 
 the proceeding, even by any expressions of approval or disap- 
 probation. 
 
 On motion of Mr. Jackson, Jr., the Convention adjourned; Mr. 
 Pierpont yielding the floor for that purpose. 
 
 the afternoon session. 
 
 The Convention met at two o’clock. 
 
 Mr. Willev obtained leave to read a letter addressed by Mr. 
 J. Hughes of Martinsburg, Ya., to J. B. Bowers, Esq., a member 
 of the Convention. The letter gave an account of a Union meet- 
 ing held in Berkeley county, and exhibited a very favorable view 
 of the sentiment in that county. 
 
 On motion of John J. Jackson, Jr., it was ordered to be re- 
 corded in to-day’s proceedings as a part of the minutes of the 
 Convention. 
 
 Mr. Carlile handed to the Secretary the proceedings of meet- 
 ings held in Cabell and Wayne counties, appointing delegates 
 to this Convention and instructing the delegates from Harrison 
 to act as alternates, and asked that they be accredited as such. 
 
 Mr. Polsley of Mason, offered an amendment to the resolu- 
 tion of instructions offered by Mr. Carlile yesterday. 
 
 Mr. Carlile said for the purpose of evincing his desire for 
 unanimity, he would accept the resolution, as an amendment to 
 his propositon so that all the different views may go before the 
 committee. He offered as an additional amendment the follow- 
 ing: 
 
 “And that the said committee also provide in the event of the 
 ratification of the Ordinance of Secession for the re-assembling of 
 this Convention on the first Monday in June next, to adopt a Con- 
 stitution and form of Government for the said counties, if, in their 
 opinion it is premature at this time to adopt said Constitution 
 and form of Government.’’ 
 
 He had drawn this up and offered in deference to the views of 
 
the People op Northwestern Virginia in 1861. 61 
 
 others — not that he changed his own opinion heretofore expressed 
 here in the least. 
 
 •John J. Jackson, Jr., said the Convention was and had 
 been acting entirely without any laws to govern its deliberations, 
 and he moved the adoption of the rules of the House of Delegates 
 of Virginia, so far as applicable to this body. 
 
 The motion was put, and the rules adopted. 
 
 Mr. Pierpont then resumed his speech. He expressed his 
 regret that he should have exhibited any undue warmth in his 
 remarks during the morning session; and apologized for the same. 
 He was interrupted by a motion to refer all the pending proposi- 
 tions before the Convention back to the Committee on State and 
 Federal Relations. 
 
 Mr. Carlile moved to adjourn till tomorrow, in order to give 
 the committee time for deliberation, but withdrew his motion 
 to allow Mr. Latham to read a series of resolutions which he offer- 
 ed as a kind of middle ground for the consideration of the com- 
 mittee. The resolutions were referred to the Committee on Fed- 
 eral Relations. 
 
 Mr. Latham wished then to read a declaratory resolution, 
 for the immediate action of the Convention, but was ruled out of 
 order. 
 
 On motion of John J. Jackson, Jr., the Convention then ad- 
 journed till 5 o’clock P. M. 
 
 THE evening session. 
 
 Convention met at 5 o’clock. 
 
 The Chair stated that the first business before the Convention 
 was the report of the Committee on State and Federal Relations. 
 
 The Committee not being ready to report, a call was made for 
 Mr. Latham, of Taylor county, who addressed the Convention. 
 He was followed in a brief address by Mr. Holliday, of Marshall. 
 
 John J. Jackson, Jr., stated that the Committee would be ready 
 to report at seven o’clock. He stated that he had received a tele- 
 graphic despatch a few moments ago from his own town, inform- 
 ing him that a letter had been written to him giving the details, 
 which he thought he would receive by eleven o’clock to-night; and 
 after the receipt of that letter he thought the co mm ittee might 
 see the propriety of waiting a day or two longer before taking 
 action. He read the despatch, which said: “The dogs of war are 
 about: look out for State troops. I will write by mail.” 
 
62 Proceedings and 'Journals op the Conventions of 
 
 “I know,” continued Mr. Jackson, “how utterly unable gentle- 
 men who reside here on this little strip of territory, lying between 
 these two great States of Pennsylvania and Ohio, are of appre- 
 ciating the situation of the people of the interior counties. Ever 
 since the assembling of this Convention, I have been endeavoring to 
 impress upon this body the conviction on my mind, that within 
 less than a brief time to elapse between now and the 23d of this 
 month, more of the Northwest not now so occupied, would be visit- 
 ed by Southern troops. The Baltimore Sun intimated that Vir- 
 ginia intended sending out here 5,000 troops within the next three 
 days, but had been advised by an officer of the Confederate Gov- 
 ernment not to do so.” He had thought, perhaps, he was the 
 only crazy man in this body, and all the rest were sane, but he 
 thought that when the Convention would see as he believed it 
 would, within 24 hours the necessity for immediate action, he had 
 been endeavoring to impress upon the Convention, they would 
 come to the conclusion not to adjourn tonight, and he moved to 
 adjourn till tomorrow at the usual hour. Motion rejected. 
 
 John J. Jackson, Jr., said he wasn’t afraid of Letcher’s 
 ‘ ‘ dogs of war. ’ ’ Let them come and we will give them a warm re- 
 ception. He moved to adjourn to 7 o’clock. The motion carried 
 and the Convention adjourned. 
 
 THE NIGHT SESSION. 
 
 The Convention met at 7 o’clock. 
 
 On motion, the Journals of the day’s proceedings were ordered 
 to be read. 
 
 Mb. Burdett stated that he received a letter, saying that 
 although the counties of Randolph and Jackson 6 were not repre- 
 sented here, they sympathized with the movement and these coun- 
 ties would endorse whatever the Convention may do. 
 
 Mb. Tarr then presented the report of the Committee on Fed- 
 eral Relations, which was read by the Secretary, as follows: 
 
 Report of the Committee on State and Federal Relations. 
 
 I. Resolved, That in our deliberate judgment the ordinance passed by 
 the Convention of Virginia, on the 17th day of April, 1861, known as the 
 ordinance of secession, by which saih Convention, undertook in the name 
 
 6. This is an error. A delegation from Jackson county was there on the 
 floor of the. Convention. Jefferson county may have been mentioned in- 
 stead.— V. A. L. 
 
the People op Northwestern Virginia in 1861. 
 
 63 
 
 of the State of Virginia, to repeal the ratification of the Constitution of 
 the United States by this State, and to resume all the rights and powers 
 granted under said Constitution, is unconstitutional, null and void. 
 
 2. Resolved, That the schedule attached to the ordinance of secession 
 suspending and prohibiting the election for members of Congress from 
 this State, is a manifest usurpation of power to which we ought not to 
 submit. 
 
 3. Resolved, That the agreement of the 24th of April, 1861, between 
 the Commissioner of the Confederate States and this State, and the 
 ordinance of the 25th of April, 1861, approving and ratifying said agree- 
 ment by which the whole military force and military operations offensive 
 and defensive, of this Commonwealth are placed under the chief control 
 and direction of the President of the Confederate States, upon the 
 same principles, basis and footing as if the Commonwealth were now a 
 member of said Confederacy, and all the acts of the executive officers 
 of our State in pursuance of said agreement and ordinance are plain 
 and palpable violations of the Constitution of the United States, and are 
 utterly subversive of the rights and liberties of the people of Virginia. 
 
 4. Resolved, That we earnestly urge and entreat the citizens of the 
 State everywhere, but more especially in the Western section, to be 
 prompt at the polls on the 23d inst.; and to impress upon every voter 
 the duty of voting in condemnation of the Ordinance of Secession, in 
 the hope that we may not be involved in the ruin to be occasioned by 
 its adoption, and with the view to demonstrate the position of the West 
 on the question of secession. 
 
 5. Resolved. That we earnestly recommend to the citizens of Western 
 Virginia to vote for members of the Congress of the United States, in 
 their several districts, in the exercise of the right secured to us by the 
 Constitutions of the United States and the State of Virginia. 
 
 6. Resolved, That we also recommend to the citizens of the several 
 counties to vote at said election for such persons as entertain the opin- 
 ions expressed in the foregoing resolutions, for members of the Senate 
 and the House of Delegates of our State. 
 
 7. Resolved, That in view of the Geographical, social, commercial and 
 industrial interests of Northwestern Virginia, this Convention are con- 
 strained in giving expression to the opinion of their constituents to de- 
 clare that the Virginia Convention in assuming to change the relation of 
 the State of Virginia to the Federal Government, have not only acted 
 unwisely and unconstitutionally, but have adopted a policy utterly ruin- 
 ous to all the material interests of our section, severing all our social 
 ties, and drying up all the channels of our trade and prosperity. 
 
 S. Resolved, That in the event of the Ordinance of Secession being 
 ratified by a vote, we recommend to the people of the Counties here 
 represented, and all others, disposed to co-operate with us, to appoint 
 on the 4th day of June, 1861, delegates to a General Convention, to 
 meet on the 11th of that month, at such place as may be designated by 
 the Committee hereinafter provided, to devise such measures and take 
 such action as the safety and welfare of the people they represent may 
 demand, — -each County to appoint a number of Representatives to said 
 Convention equal to double the number to which it will be entitled in 
 the next House of Delegates; and the Senators and Delegates to be 
 elected on the 23rd inst., by the counties referred to, to the next General 
 Assembly of Virginia, and who concur in the views of this Convention, 
 f o be entitled to seats in the said Convention as members thereof. 
 
 9. Resolved. That inasmuch as it is a conceded political axiom, that 
 government is founded on the consent of the governed and is instituted 
 fcr. their good, and it cannot he denied that the course pursued by the 
 ruling power in the State, is utterly subversive and destructive of our 
 interests, we believe wo may rightfully and successfully appeal to the 
 proper authorities of Virginia, to permit us peacefully and lawfully to 
 separate from the residue of the State, and form ourselves into a govern- 
 
64 Proceedings and Journals of the Conventions of 
 
 ment to give effect to the wishes, views and interests of our constituents. 
 
 10. Resolved, That the public authorities be assured that the people 
 of the North West will exert their utmost power to preserve the peace, 
 which they feel satisfied they can do, until an opportunity is afforded 
 to see if our present difficulties cannot receive a peaceful solution; and 
 we express the earnest hope that no troops of the Confederate States be 
 introduced among us, as we believe it would be eminently calculated to 
 produce civil war 
 
 11. Resolved, That in the language of Washington in his letter of the 
 l?th of September, 1787, to the President of Congress; “in all our de- 
 liberations on this subject we have kept steadily in view that which ap- 
 pears to us the greatest interest of every true American, the consolidation 
 of our Union, in which is involved our prosperity, felicity, safety, and 
 perhaps our national existence.” And therefore we will maintain and de- 
 fend the Constitution of the United States and the laws made in pur- 
 suance thereof, and all officers acting there-under in the lawful discharge 
 of their respective duties.7 
 
 12. Resolved, That John S. Carlile, James S.Wheat, Chester D. Hubbard, 
 Francis H. Pierpont, Campbell Tarr, George R. Latham, Andrew Wilson, 
 S. H. Woodward and James W. Paxton be a Central Committee to attend 
 to all the matters connected with the objects of this Convention; and 
 that they have power to assemble this Convention at any time they may 
 think necessary. 
 
 13. Resolved, That the Central Committees be instructed to prepare an 
 address to the people of Virginia in conformity with tne foregoing reso- 
 lutions and cause the same to be published and circulated as extensively 
 as possible. 
 
 Mr. Polsi.ey suggested that instead of acting to-night on the 
 report of the c ommi ttee, it be laid upon the table and printed, 
 in order that every member might have an opportunity to inspect 
 it. 
 
 Gen. Jackson objected ; he wanted to go home. It was 
 com planting time. 
 
 Mr. Carlile asked Mr. P. to withdraw his motion. He was 
 satisfied that nothing more than was now incorporated in the re- 
 port could be obtained from the Convention at that time, and he 
 was happy to state that since the adjournment this evening a re- 
 solution had been adopted by the committee which lie regarded 
 worth all the rest, and which would in a short time realize all their 
 hopes of a New Virginia. That resolution provides for the ap- 
 pointment of a committee possessing all the powers this Convention 
 can exercise, so far as they can be exercised by the committee. 
 
 The question on the adoption of the report of the Committee 
 was then put. and the report was adopted with an almost unani- 
 mous “aye,” only two dissenting voices being heard. 
 
 The announcement that the motion had carried, was received 
 with tremendous cheering. 
 
 7. The reader will here observe that much of the report of the Committee 
 on Federal Relations, was embodied in the series of resolutions submitted by 
 James S. Wheat the preceding day.— V. A. L. 
 
the People op Northwestern Virginia in 1861. 
 
 65 
 
 A CENTRAL COMMITTEE APPOINTED. 
 
 The following gentlemen were named as a Central Com- 
 mittee; viz: Hon. John S. Carlile, James S. Wheat. Chester D. 
 Hubbard, Francis H. Pierpont, Campbell Tarr, George R. Lath- 
 am, Andrew Wilson, S. H. Woodward and James W. Paxton. 
 
 General Jackson rose to make a few remarks, but was called to 
 the stand for a speech. He responded in a warm enthusiastic ap- 
 peal to the Convention to now stand by and maintain what they 
 had here declared to-night. 
 
 Mr. Lazier offered a resolution that the thanks of this Con- 
 vention be tendered to the citizens of Wheeling for the kind and 
 hospitable manner in which they have entertained the members 
 of this Convention, and for the use of this Hall. 
 
 A speech from Carlile was called for and he responded and was 
 followed by Mr. Willey, Pierpont and others. (We shall probably 
 publish some of these speeches at an early day. — Editor of Daily 
 Intelligencer ,) 8 
 
 REMARKS OP MR. CARLILE. 
 
 Having been called to the stand for a speech Mr. Carlile said : 
 “Mr. President and Fellow-Citizens ; 
 
 “Unity of action and singleness of purpose, I have been taught 
 to believe, will accomplish all that it is in the power of man to ac- 
 complish, when wisely directed. I therefore concur most hearti- 
 ly in the suggestion made by the gentleman from Wood that this 
 convention should not separate without first invoking the blessing 
 of Heaven upon the labors inaugurated by it, and which will grow 
 day by day more arduous, in order that we may have that wisdom 
 which is so necessary to direct us through the momentous struggle 
 in which we are about to engage. But if we meet it as brave men 
 should ; if we meet it with a determination to accomplish our pur- 
 pose or die in the effort, success will as certainly crown our efforts 
 as that the sun rises in the east and sets in the west. Wliile it 
 has been well remarked we have yielded each to the other for the 
 purpose of harmonizing, and have thus been enabled to come to 
 the conclusion at which we have arrived, we must remember that 
 the same object is still in view, and the same effort is required to 
 accomplish the purpose, although it may be postponed a few days 
 longer than some of us desire. And it may, gentlemen, require at 
 
 8. The speeches of Mr Carlile and Mr. Willey made at this hour, were printed 
 in the Daily Intelligencer of Wheeling, May 20, 1861. We here insert these in the 
 proper place in the proceedings of the night session on the third day — the time 
 at which they were uttered. — V. A. L. 
 
66 Proceedings and Journals op the Conventions op 
 
 our hands more arduous efforts than it would if we had earlier en- 
 tered upon it. Be that as it may, let us go home with a determi- 
 nation to succeed, and let us inspire the same determination into 
 the breast of every citizen in each and every county here repre- 
 sented, and all other counties in which we may chance to be be- 
 tween this and the hour of trial. 
 
 I feel that upon us of Northwestern Virginia, and upon our 
 efforts, depend to a very great extent, the restoration of harmony 
 to the whole of our beloved land, and the preservation and per- 
 petuity of those free institutions under which we have been born 
 and reared. This is a government to love : and I cannot for a mo- 
 ment contemplate its destruction without feeling as I never deem- 
 ed myself capable of feeling in contemplating any subject short 
 of utter annihilation. When I left the Virginia Convention, on the 
 evening on which the Ordinance of Secession passed, and walked 
 solitary and alone to my lodgings, and felt that a home and coun- 
 try remained not to me, I felt as sad at heart as I could have felt 
 had I just returned from the burial ground, having deposited in 
 their last resting place my wife and children. Entertaining these 
 sentiments, placing this estimate upon this government, I have 
 resolved to do all that I can, in any and every position, to pre- 
 serve it, and aid and co-operate with my fellow-citizens in its pres- 
 ervation. And I believe that preservation is to be secured by 
 and through the agency of this portion of Virginia; by and 
 through the erection of a new State; by and through, it may be, 
 scenes of blood, accomplished by deeds of daring, hut deeds that 
 will result to effect its accomplishment. Let each and all deter- 
 mine for himself, and get his neighbors to determine with him. 
 Be the means to be used what they may, come life or coine death, 
 it shall be accomplished. (Applause.) I have not voice to say 
 more. I speak with much difficulty, I return to you my sincere 
 thanks for the kindness received at the hands of each and every 
 member of this Convention; and I assure you I justly appreciate 
 the compliment shown me by calling me to the stand. The associ- 
 ations I have formed here, will always be remembered by me as 
 among the most pleasing reminiscences of my life.” (Applause.) 
 
 SPEECH OF HON. WAITMAN T. WILLEY. 
 
 Mr. Willey being loudly called for, came forward and said : 
 
 Mr. President and Fellow Citizens: 
 
 “Whilst I appreciate with sentiments of heartfelt gratitude the 
 
the People op Northwestern Virginia in 1861. 
 
 67 
 
 compliment you pay me in calling me out at this period, in the de- 
 liberations of our Convention, I am sure you would be disposed 
 to excuse me if you were aware of the pain and suffering under 
 which I am constantly laboring. Ever since yesterday morning 
 at seven o’clock, when I was attacked, I assure you most sincerely, 
 that I have been in the most excruciating torture. Last night I 
 slept scarcely one moment; and nothing but the heartfelt and 
 deep, and absorbing interest that I have felt in the deliberations 
 of this body that has kept me on this floor until this time. But I 
 tell you, fellow-citizens, I have felt during all this struggle, from 
 the time it began in the Virginia Convention until now, something 
 of the spirit of the noble Roman youth, who, cap a pie, mounted, 
 armed and ecpiipped for the sacrifice, voluntarily rushed into the 
 opening chasm of the forum, a voluntary victim to appease the 
 gods of strife that were bringing desolation on his country. And 
 I assure you to-night, if by laying down my humble life on the 
 altar of my country I could bring back peace and harmony, and 
 re-organize and restore the glorious Union which our fathers form- 
 ed for us, I would willingly as I ever sat down to partake of the 
 dainties of life, render that sacrifice this day, and this hour. (Ap- 
 plause.) 
 
 “And, fellow-citizens, much as some of you have misapprehend- 
 ed my soundness on this question, in this good city of yours, feeble 
 as I am in health, with a constitution broken by the anxiety of the 
 struggle of the last two-and-a-half months for the perpetuity of 
 that very Union, for a want of fidelity to which I am suspected 
 at this time, I am ready when the hour comes — I am ready when 
 the Constitution has been exhausted — I am ready when it has been 
 ascertained that the great legitimate agency of republican liberty 
 is not sufficient to bring about the revolution that is to secure to 
 us our just rights at the ballot box — when the law fails — when 
 the Constitution fails in securing these rights, I am ready to 
 stand among the foremost of - those who have been here to-day 
 to suspect me. It is not because I do not love the Union that 
 I have taken the conservative position on this occasion; it is not 
 because I do not love my fellow citizens of Wheeling; not because 
 I am faithful and true to the common principles to which you are 
 engaged; it is not because I love Cassar less, but because I love 
 Rome more. (Applause.) 
 
 “I have very little of this world’s goods; but I have heritage 
 enough — about the 27,000,000th part of the prestige and glory of 
 
68 Proceedings and Journals of the Conventions of 
 
 him who can look upon the stripes and stars, and call it his coun- 
 try’s flag, (cheers), and who, with that infinitesimal particle of 
 glory, is richer ky far than he who, with the richest heritage that 
 ever fell to the lot of man, did not have the name and prestige of 
 an American citizen. (Applause.) I do not intend to surrender 
 it until I am compelled — until I am subdued, heart, soul, fortune, 
 and body. (Cheers.) 
 
 “I do not despair of the Republic, either. If we could have two 
 weeks longer until the election, I verily believe, the disheartening 
 anticipation of my friend from Harrison to the contrary notwith- 
 standing, to use a vulgar, but expressive phrase, which may be 
 well applied to this ordinance of secession, we would “knock it 
 into a cocked hat.” (Laughter.) Why, sir, I am credibly in- 
 formed that these soldiers, of whom we have heard so much, and 
 from whom we anticipate so much danger, and who are said to be 
 quartered and posted all over the State for the purpose of public, 
 intimidation, have pledged their lives that their own blood shall 
 crimson the streets, but they will cast their votes on the -23rd of 
 this month, against the ordinance of secession. (Applause.) I am 
 informed of one company consisting of 90 men of whom 80 are 
 pledged to vote against the ordinance. You heard a voice to-day 
 from old Berkeley. God bless her! (Applause.) And He will bless 
 her, and all who think like her. God has blessed this country. 
 God has blessed all the men who have loved this Union. His hand 
 has been manifested in all our history. He stood by Washington, 
 its great Founder and Defender. He stood by our forefathers in 
 the establishment of this Government, and by working out our 
 glorious destiny thus far in the space of less than three quarters 
 of a century. God has made the American people the greatest on 
 the earth ; and I firmly believe in the hidden councils of His mys- 
 terious providence, there is a glorious destiny awaiting an united 
 American people still. (Applause.) I take confidence in the 
 cause as I look at the stripes and stars, and I remember the cir- 
 cumstances that gave rise to the beautiful motto that is as appli- 
 cable to us to-day as when in the moment of inspiration it was 
 penned : 
 
 “Triumph we must, for our cause it is just, 
 
 And this be our motto, in God is our trust. ’ ’ 
 
 (Great applause.) I was just trying to catch from my memory a 
 couplet from a poem which I read the other day in regard to the 
 
the People op Northwestern Virginia in 1861. 
 
 69 
 
 banner of our country. I think I can recall it in the sentiment 
 if not in the language: 
 
 “Forever float that standard sheet; 
 
 "Where breathes the foe but falls before us, 
 
 "With freedom’s soil beneath our feet 
 And freedom’s banner streaming o’er us.” 
 
 Mr. W. pronounced these lines with great vehemence, and when 
 he had ended there arose one universal, loud and thrilling cheer. 
 
 “Fellow- citizens, it alm.ost cures one’s baek-aclie to hear you ap- 
 plaud the sentiment. (Laughter and applause.) But then the 
 time for speaking is done. Let me exhort you never to forget 
 the counsels my much esteemed friend, General Jackson of Wood, 
 delivered to us to-night. Never forget to act upon them. I think 
 I see yet sparkling in the old hero’s eye something of the ardor 
 which he thought it not prudent to express, yet that even he was 
 ready at his country’s call to lead his sons' and the sons of his 
 countrymen whenever it may be necessary — whenever our liberties 
 cannot be secured to us otherwise — to lead us into the battle field ; 
 — not to be carried to the polls to whisper his vote against this 
 Ordinance of Secession, but to fall upon the field of battle, to 
 wrap himself in his country’s flag and pledge his gratitude to 
 God that he was deemed worthy at last to end an honored life by 
 falling in defense of his country. (Applause.) We have worthy 
 sires, my young friends. Let us be sons worthy of those sires. 
 Those sires were law-abiding, constitution-making, constitution- 
 keeping men. They well knew- that republican liberty, that free 
 institutions could only be established upon the law, and preserved 
 by keeping the law ; and that is the secret of the conservative posi- 
 tion we have taken in this convention. I believe God’s blessing 
 will rest upon our action, and if at last, in the language of the 
 Declaration of Independence, Sve have remonstrated again and 
 again, we have petitioned and adjured,’ and our prayers are all 
 scoffed at and scouted — why, I think I see around me here to- 
 night the men who know their duty — - 
 “ “'Who know their rights, 
 
 And knowing dare maintain.’ 
 
 “Fellow-citizens, the first thing we have got to fight is the Ordi- 
 nance of Secession. Let us kill it on the 23d of this month. 
 (Applause.) Let us bury it deep beneath the hills of Northwestern 
 Virginia. Let us pile up our glorious hills on it; bury it deep so 
 that it will never make its appearance among us again. (Ap- 
 
70 Proceedings and Journals of the Conventions of 
 
 plause.) Let ns go back home and vote, even if we are beaten upon 
 the final result, for the benefit of the moral influence of that vote. 
 If we give something like a decided preponderating vote of a ma- 
 jority in the Northwest, that alone secures our rights. (Ap- 
 plause.) That alone, at least, secures an independent State if we 
 desire it. 
 
 ' ‘Fellow- citizens, I am trespassing upon your patience. ”( Go on! 
 go on!) “I am going up to Marion county to assist, my friend. 
 Hall, in canvassing that county. — Monongalia is a fixed fact — 
 like the handle of a jug, all on one side. (Laughter.) — Not all on 
 one side either; but on all sides, all over, and under, and in, and 
 out, and through and everywhere. (Applause and laughter.) But 
 I want to help Hall a little. Want to take Frank Pierpont along 
 over there, too. They have threatened to hang him out there, and 
 I am sure if he gets strung up first he will break the rope and I 
 will escape. (Laughter.) 
 
 “We have to go to work now. We must appeal to the people; 
 appeal to their patriotism; and let us defeat the ordinance of 
 secession in Northwestern Virginia at least. My advices from 
 the valley are, that where, some weeks since, a Union man dare 
 not hold up his head, he has come out now, and is shaking his 
 fist at his adversary. They are getting bold and numerous; and 
 I should not be surprised if the upper and lower valley, even 
 Jefferson county, right under the shadow of — or rather casting its 
 shadow upon — Harper’s Ferry, and under the influence and intim- 
 idation of the soldiery there, and old Loudon, with Janney at its 
 head, should all give majorities against this ordinance. They say 
 even in Alexandria the old Union spirit is reviving. Let us hope 
 then — ‘hope on, hope ever.’ Let us work in season and out of 
 season. 
 
 “And now', fellow-citizens, good-bye till we meet again, with all 
 our hopes realized, as I trust, under fairer auspices. May we 
 meet each other with gratulation and congratulation, that our old 
 and beloved Commonwealth, the mother of States and statesmen, 
 whose fame is as wide as the earth — every inch of whose soil I 
 love, her mountains and valleys, from the seaboard to the Ohio 
 border — shall be restored to peace and prosperity; until all this 
 land in all her waters, shall reflect back peacefully the stars on 
 the floating banner of our country, re-established as the ensign of 
 universal liberty.’’ (Great applause.) 
 
 On motion, a unanimous vote of thanks was tendered to the 
 
the People op Northwestern Virginia in 1861. 
 
 71 
 
 President and other officers for their official service during the 
 session. 
 
 On motion, the delegations from the various counties were re- 
 quested to appoint the five provided for in one of the resolutions, 
 and that they report to the Secretary before the adjournment of 
 the Convention. 
 
 Prayer was then offered and the Star Spangled Banner sung, 
 and with about three times three hearty cheers for the Union, the 
 Convention adjourned sine die, in a perfect blaze of enthusiasm. 
 
APPENDIX. 
 
 TO THE PROCEEDINGS OF THE FIRST CONVENTION OF 
 THE PEOPLE OF NORTHWESTERN VIRGINIA. 
 
 By reference to the twelfth and thirteenth resolutions of the 
 report of the Committee on Federal Relations as finally adopted, 
 it will be seen that a Central Committee was appointed “to attend 
 to all matters connected with the Convention.” Its members were 
 John S. Carlile, James S. Wheat, Chester D. Plubbard, Francis 
 H. Pierpont, Campbell Tarr, George R. Latham, Andrew Wilson, 
 S. H. Woodward, and James W. Paxton. This Committee was 
 required to prepare an “Address to the People of Virginia,” and 
 cause the same to be published and circulated as extensively as 
 possible, within six days after the adjournment of the Conven- 
 tion; this “Address” was prepared and given to the press for 
 publication. It was as follows: 
 
 ! 
 
 AN ADDRESS TO THE PEOPLE 
 OF 
 
 NORTHWESTERN VIRGINIA. 
 
 In obedience to the 13th resolution of the Convention, which met 
 in this .city, on the 13th inst., we earnestly conjure you to enter 
 actively and immediately upon the great work of preparing your 
 neighbors and friends, as well as yourselves, for the firm, stern 
 and decided stand necessary to be taken and adhered to at all 
 hazards, and maintained at any and every cost, if we would pre- 
 serve to ourselves and transmit to our posterity, that unity of 
 government which constitutes us one people, which we justly re- 
 gard as the palladium of our liberties and the main pillar in the 
 edifice of our independence. In this way, and this way alone, 
 we can save ourselves from the innumerable evils consequent upon 
 secession and all the horrors of civil war. 
 
 Why should the people of North Western Virginia allow them- 
 selves to be dragged into the rebellion inaugurated by ambitious 
 
the People op Northwestern Virginia in 1861. 
 
 73 
 
 and heartless men, who have banded themselves together to de- 
 stroy a government formed for you. by your patriot fathers, and 
 which has secured to you all the liberties consistent with the nature 
 of man, and has, for near three-fourths of a century, sheltered you 
 in sunshine and in storm, made you the admiration of the civilized 
 world, and conferred upon you a title more honored, respected and 
 revered, than that of King or Potentate — the title of an American 
 citizen? Will you passively surrender it, and submit to be used by 
 the conspirators engaged in this effort to enslave you, as their in- 
 struments by which your enslavement is to be effected? 
 
 Freemen who would remain free, must prove themselves worthy 
 to be free and must themselves first strike the blow. 
 
 What is secession? A deed not to be accomplished in the broad 
 glare of noon-day sun, but a deed of darkness, which had to be 
 performed in secret conclave, by the reckless spirits who accom- 
 plished it, in contempt of the people, their masters under our 
 form of government, but whom the leaders in this work of destruc- 
 tion determined to enslave. 
 
 What is secession? Bankruptcy, ruin, civil war, ending in a 
 military despotism. Prior to the adoption of the Ordinance of 
 Secession in Virginia, and to the passage by the Legislature of 
 the bill calling a Convention, all was peace, and the great business 
 interests of our State were uninterrupted. From the hour that it 
 was proclaimed the Ordinance of Secession had been passed, busi- 
 ness of every description has been paralyzed, State, corporation and 
 individual credit is prostrate, and bankruptcy and ruin stare us in 
 the face, and war, civil war, with all its attendant horrors, is upon 
 us. Seseession, all now see, is war. It is preceded by war, accom- 
 panied and sustained by war, ushered into being by war. 
 
 Who are to stand the brunt of this contest? Will it be those 
 who have clamored loudest for secession, and who have done the 
 most to bring on the present crisis? These are the first to flee 
 from the very approach of danger. They hurry in every train and 
 by every coach from the anticipated scenes of disturbance. Will 
 the disunion majority of the Richmond Convention come into the 
 ranks and shoulder the musket in the strife which they have in- 
 augurated? They will keep at a respectful distance from danger. 
 — They will fill the lucrative offices and secure the rich appoint- 
 ments which appertain to the new order of things. They will lux- 
 uriate on two or three or four hundred dollars per month, with 
 horses, and servants, and rations to match, while the Union-loving 
 
74 Proceedings and -Journals of the Conventions of 
 
 people will be called upon, for the honor of Virginia and two 
 shillings per day, to do the fighting and undergo the hardships 
 of war. We are all Virginians, say they, the State must he sus- 
 tained, and right or wrong, we must all fight for Virginia, etc. 
 
 What is it to fight for Virginia. What is it to sustain the 
 State ? Is it to urge her upon a course which leads to visible and 
 gaping destruction? Is this the way and the only way in which 
 we can testify our devotion to the Commonwealth? If those feel- 
 ings which actuated our Revolutionary Fathers be not all dead 
 in us, we shall exhibit our love for Virginia, by repudiating this 
 tyrannical rule which the Richmond Convention has endeavored 
 to impose, and suffer not ourselves to be sold like sheep from the 
 shambles. The people yet hold their destinies in their own hands 
 — it is for them to accept or reject a tyranny, worse many times, 
 than that from which the war of ’76 delivered us — not the tyranny 
 of one man, but of many. 
 
 But, people of North Western Virginia, why should we thus per- 
 mit ourselves to be tyrannized over, and made slaves of, by the 
 haughty arrogance and wicked machinations of would-be Eastern 
 Despots? Are we submissionists, craven cowards, who will yield 
 to daring ambition, the rich legacy of Freedom, which we have in- 
 herited from our fathers, or are we men who know our rights, and 
 knowing, dare maintain them ? If we are, we will resist the usurp- 
 ers and drive from our midst the rebellion sought to be forced 
 upon us. We will, in the strength of our cause, resolutely and 
 determinedly stand by our rights and our liberties secured to us 
 by the struggles of our Revolutionary Fathers, and the authors 
 of the Constitution under which we have grown and prospered 
 beyond all precedent in the world’s history. We will maintain, 
 protect and defend that Constitution and the Union with all our 
 s+rength, and with all our powers, ever remembering that “Resist- 
 ance to tyrants is obedience to God.” We utterly repudiate the 
 war sought to be enforced upon us without and against the consent 
 and earnest protestations of the people who have not produced 
 it. hut who have, we regret to say, thus far offered no resistance, 
 but have submitted to the filling up of armies and the quartering 
 of troops in their midst; taking for the purpose, our young men 
 who had, in a time of profound peace, and with no expectation 
 of ever being called upon t,o aid in a rebellion, attached themselves 
 to the volunteer corps of our State. The people, stunned by the 
 magnitude of the crime, have, for a time, offered no resistance, 
 
the People oe Northwestern Virginia in 1861. 
 
 75 
 
 but as returning reason enables them to perceive distinctly the 
 objects and purposes of the vile perpetrators of this deed, their 
 hearts swell within them, and already the cry has gone up from 
 our mountains and our valleys, “Resistance to tyrants is obedi- 
 ence to God.” 
 
 Let us urge you then, that our resistance may be effectual, to 
 act in the spirit of the Resolutions here appended, adopted by the 
 Convention, whose Committee we are. Let all our ends be directed 
 to the creation of an organized resistance to the despotism of the 
 tyrants, who have been in session in Richmond, and who are soon 
 to re-assemble, that we may maintain our position in the Union 
 under the flag of our common country, which has for so many 
 years waved gracefully and protectingly over us, and which, when N 
 we behold upon its ample folds the stripes and the stars of Free- 
 dom, causes our bosoms to glow with patriotic heat, and our 
 hearts to swell with honest love of country. That this flag, the 
 symbol of our might, challenges our admiration, and justly claims 
 our every effort against those who have dared to desecrate and 
 dishonor it, we all admit. Let us then see that we take the proper 
 measures to make effectual those efforts. The Convention to as- 
 semble on the 11th proximo, is looked to to organize our action. 
 Its importance, its necessity, will at once strike your minds; take 
 immediate steps therefore to secure for your representatives in 
 Convention, your most determined, resolute, temperate and wisest 
 men. We have already detained you too long, the time for action, 
 prompt, firm and decided, has come. In the hope that our section 
 will be that of a united people, we take leave of you, confidently 
 calculating that you will give your body, soul, strength, mind, 
 and all the energies of your nature to the work of saving your 
 country from becoming the theatre of a bloody war, brought upon 
 you without your consent and against your will. Let us show Mr. 
 Ex-Secretary Cobb, now President of the Montgomery Congress, 
 that we are not willing to recognize the transfer of us made by 
 the Richmond Convention, nor do we intend to allow our borders, 
 as he says they will be, to be made the theatre of this war. 
 
 Fellow-citizens, we ask you to read and ponder well the passages 
 from Mr. Cobb’s Speech. We recite: 
 
 “The people of the Gulf States need have no apprehension; 
 they might go on with their planting and their other business as 
 usual, the war would not come to their section, its theatre would 
 he along the borders of the Ohio River and in Virginia.” 
 
76 Proceedings and Journals of the Conventions of 
 
 The Convention between Virginia and the Confederate States, 
 by which the control of all military operations is placed in the 
 hands of President Davis, insures this result. 
 
 Fellow-Citizens — “These are the times when we must not stop 
 to count sacrifices and costs, where honor, and character, and self- 
 preservation are put in issue. ’ ’ The patriot and sage, Daniel 
 Webster, in a speech delivered at Washington, in 1851, at the lay- 
 ing of the corner stone of the addition to the Capitol, spoke as 
 follows : 
 
 “Ye men of the Blue Eidge, many thousands of whom are 
 nearer to this capitol than the seat of Government of your own 
 State, what do you think of breaking up this great association into 
 fragments of States and of people? I know that some of you; 
 and I believe that you all, would be almost as much shocked at the 
 announcement of such a catastrohpe, as if you were informed 
 that the Blue Eidge itself would soon totter from its base — and 
 ye men of Western Virginia, who occupy the slope from the Alle- 
 ghenies to Ohio and Kentucky, what benefit do you propose to 
 yourselves by disunion ? If you secede, what do you ‘secede’ from, 
 and what do you ‘accede’ to? Do you look for the current of the 
 Ohio to change and to bring you and your commerce to the tide 
 waters af Eastern rivers? — What man in his senses can suppose 
 that you would' remain part and parcel of Virginia a month after 
 Virginia had ceased 1o be a part and parcel of the United States?” 
 
 Fellow- Citizens of Northwestern Virginia, the issue is with you. 
 Your destiny is in your own hands. If you are worthy descendants 
 of worthy sires you will rally to this defence of your liberties, and 
 the Constitution which has protected and blessed you will still ex- 
 tend over you its protecting aegis. If you hesitate or falter all 
 is lost, and you and your children to the latest posterity are des- 
 tined to perpetual slavery. 
 
 John S. Carlile, 
 
 James S. Wheat, 
 Chester D. Hubbard, 
 Frances II. Pierpont, 
 Campbell Tarr, 
 
 George E. Latham, 
 Andrew Wilson, 
 
 S. H. Woodward, 
 
 James W. Paxton, 
 
 Committee. 
 
THE SECOND CONVENTION OP THE PEOPLE OP NORTH- 
 WESTERN VIRGINIA. 
 
 INTRODUCTORY NOTE. 
 
 The first Convention of the people of Northwestern Virginia 
 — that of May — adjourned May 15, 1861, having provided for 
 the meeting of a second Convention, in the event that the Ordi- 
 nance of Secession should be ratified by the people on the 23d 
 day of May ensuing. This was done by the provisions contained 
 in the eighth resolution of the series reported by the Committee 
 on Federal Relations and adopted by the Convention. It was 
 as follows: • 
 
 Resolved. That in the event of the Ordinance of Secession being ratified 
 by a vote, we recommend to the people of the Counties here represented, 
 and all others disposed to co-operate with us, to appoint on the 4th day 
 of June, 1861, delegates to a General Convention, to meet on the 11th of 
 that month, at such place as may be designated by the Committee herein- 
 after provided, to devise such measures and take such action, as the safety 
 and welfare of the people they represent may demand, each county to ap- 
 point a number of Representatives to said Convention equal to double the 
 number to which it will be entitled in the next House of Delegates; and 
 the Senators and Delegates to be elected on the 23d inst., by the counties 
 referred to, to the next General Assembly of Virginia, and who concur in 
 the views of this Convention, to be entitled to seats in the Convention 
 as members thereof. 
 
 Herein it was recommended to the people of the counties 
 there represented and that of all others who desired to co-oper- 
 ate in the movement inaugurated to appoint on the 4th day of 
 the ensuing June, delegates equal to twice the number of mem- 
 bers of the House of Delegates, to a General Convention to meet 
 on the 11th of June. Further, the Senators and Delegates to the 
 General Assembly elected at the election on the 23d of May, and 
 who concurred in the views of the said first Convention, were 
 entitled to seats in the second Convention. The Ordinance of 
 Secession was ratified; the delegates elected on the 4th of June, 
 and they together with the Senators and members of the House 
 of Delegates, elected May 23d, in all counties selecting dele- 
 gates to the Convention, June 4th, assembled at Wheeling, June 
 11th, ensuing. 
 
JOURNAL 
 
 of the 
 
 SECOND CONVENTION OF THE PEOPLE OF NORTH- 
 WESTERN VIRGINIA. 
 
 THE FIRST DAY. 
 
 TUESDAY, JUNE 11, 1861. 
 
 The Convention assembled yesterday at two P. M., in AVash- 
 ington Hall. 
 
 On nomination of Francis FI. Pierpont, Dennis B. Dorsey, Esq., 
 of Monongalia County, was selected as temporary Chairman. 
 Gibson Lamb Cranmer, of AVheeling was, on nomination of 
 Campbell Tarr, of Brooke, chosen temporary Secretary. 
 
 The President returned his thanks briefly for the distinction 
 conferred. He said that taking the chair as temporary Chair- 
 man it would be superflu ous in him to allude to the vital subjects 
 that would come before the Convention. They had calmly and 
 thoroughly considered them at home and had now come here 
 to act on those reflections. He realized that this was to be the 
 most important Convention that ever assembled in the State of 
 Virginia. Fie would not impose a speech on the Convention, but 
 . would merely say that he would endeavor to discharge the du- 
 ties imposed on him to the best of his ability. 
 
 On motion of Mr. Pierpont, Rev. Gordon Battelle, who was 
 present, was requested to open the sitting of the Convention 
 with prayer. 
 
 After the prayer, Arthur I. Boreman, of Wood, offered the 
 following resolution which was adopted: 
 
 Resolved, That a committee of five he appointed by the Chair to as- 
 certain and report all who are entitled to seats in this Convention as 
 members thereof. 
 
 Mr. Carlile offered the following : 
 
 Resolved, That a committee of five members of this body be appointed 
 to report rules for the Government of the Convention. 
 
 The resolution was adopted. 
 
 The following, by Mr. Pierpont, of Marion, was then adopted: 
 
 Resolved, That a committee of five be appointed to report on the perma- 
 nent organization of the Convention. 
 
 Campreuli Tarr submitted the annexed, which was accepted : 
 
 Resolved, That this Convention will meet while in session, at 10 A. M. 
 
the People of Northwestern Virginia in 1861. 
 
 79 
 
 The Chair tlien announced the committees, appointed under 
 the resolutions offered; after which, on motion, the Convention 
 adjourned. 
 
 The following are the Committees: 
 
 Committe on Organization : — Francis H. Pierpont, W. H. Cope- 
 land, E. II. Caldwell, John S. Burdett, Chapman J. Stuart. 
 
 Committee of Rules: — Jno. S. Carlile, Daniel Polsley, Harri- 
 son Hagans, Geo. McC. Porter, Andrew Flesher. 
 
 Committee on Credentials • — Arthur I. Boreman, Daniel Lamb, 
 Lewis Wetzei, John J. Brown, James Evans. 
 
 THE SECOND DAY, 
 
 WEDNESDAY, JUNE 12, 1861. 
 
 The Convention assembled pursuant to adjournment, and was 
 opened with prayer by Rev. Wesley Smith, of this city. 
 
 The Secretary read the journals of the previous day, which 
 were, on motion, adopted. 
 
 Mr. Foreman, of Wood county, offered the report of the Com- 
 mittee on Credentials, and on his motion it was received and con- 
 curred in: The subjoined is a list of the delegates present: 
 
 REPORT OF THE COMMITTEE ON CREDENTIALS. 
 
 The committee report that the following gentlemen are enti- 
 tled to seats in this body from the counties designated, in the 
 capacities herein set forth, whether as members of the General 
 Assembly elected on the 23d of May, 1861, or as delegates ap- 
 pointed to this Convention, June 4th only: 
 
 LIST OF DELEGATES BY COUNTIES. 
 
 Alexandria County — Henry S. Martin and James T. Close, delegates. 
 Barbour County — Nathan H Taft and D. M. Myers, members of the 
 House of Delegates, and John H. Shuttleworth and Spencer Dayton, 
 delegates. 
 
 Brooke County — Joseph Crist, Senator, H. W. C'rothers, member House of 
 Delegates, and John D. Nieholls and Campbell Tarr, delegates. 
 
 Cabell County — Albert Lairlley,! member House of Delegates. 
 Doddridge and Tyler — Chapman ,T Stuart, Senator, William J. Boreman, 
 member House of Delegates, and Daniel D. Johnson and James A. Fo- 
 ley, delegates. 
 
 Fairfax County — John Hawxhurst and Eben E. Mason, delegates. 
 
 Gilmer County — Henry W. Withers, delegate. 
 
 1. Albert Laidlev did not remain at Wheeling. He went to Richmond, where he 
 occupied a seat in the General Assembly, session beginning December 2, 1861, as the 
 delegate from Cabell County. On the eighth day of the session his name was 
 dropped from the roll of members of the Convention, he having declined to take the 
 prescribed oath. — V. A. L. 
 
80 Proceedings and Journals of the Conventions of 
 
 Hampshire County — James R. Carskadon, Senator, and Owen p. Downey. 
 
 George W. Broski, James H. Trout and James J. Barracks, delegates. 
 Hancock County — George McC. Porter, member House of Delegates, and 
 John H. Atkinson and William L. Crawford, delegates. 
 
 Hardy County — John Michael, delegate. 
 
 Harrison County — John J. Davis and John C. Vance, members House of 
 Delegates, and John S Carlile, Solomon Fleming, Lot Bowen, 1 Ben- 
 jamin F. Shuttleworth, and Charles S. Lewis, delegates. 
 
 Jackson County — Daniel Frost, member House of Delegates, and James 
 F. Scor.t and Andrew Fiesher, delegates. 
 
 Jefferson County — George Koontz, delegate. 
 
 Kanawha County — I.ewis Ruffner, member House of Delegates, and Green- 
 bury Slack, delegate. 
 
 LeuAs County — Blackwell Jackson, Senator, and Perry M. Hale and 
 J. A. J. Lightburn, delegates. 
 
 Marion County — Richard Fast and Fountain Smith, members House of 
 Delegates, and Francis H. Pierpont,2 Ephraim B. Hall, John S. Barns, 
 
 A. F. Ritchie, and James 0. Watson, delegates. 
 
 Marshall County — Remembrance Swan, member House of Delegates, and 
 E. H. Caldwell and Robert Morris, delegates. 
 
 Mason County — Lewis Wetzel, member House of Delegates, and Charles 
 
 B. Waggener, James Smith, and Daniel Polsley. delegates. 
 
 Monongalia County — Leroy Kiamer and Joseph Snyder, members House 
 
 of Delegates, and Ralph L. Berkshire, William Price, James Evans and 
 Dennis B. Dorsey, delegates. 
 
 Ohio County— Thomas H. Logan and Andrew Wilson, members of House 
 of Delegates, and Daniel Lamb, James W. Paxton, George Harrison 
 and Chester D. Hubbard, delegates. 
 
 Pleasants and Ritchie — James W. Williamson, 3 member House of Dele- 
 gates, and C. W. Smith and William Douglas, delegates. 
 
 Preston County — Charles Hooton and William B. Zinn, members House 
 of Delegates, and William B. Crane, John Howard, Harrison Hagans 
 and John J. Brown, delegates. 
 
 Putnam County — George C. Bowyer, member House of Delegates, and 
 Dudley S. Montague, 4 delegate. 
 
 Randolph and Tucker — Solomon Parsons, member House of Delegates, 
 and Samuel Crane, delegate. 
 
 Roane County — T. A. Roberts, delegate. 
 
 Taylor Coupnty — Thomas Cather, Senator, Lemuel E. Davidson, member 
 House of Delegates, and John S. Burdett and Samuel Todd, delegates. 
 TJpshur County — Daniel D. T. Farnsworth, member House of Delegates, 
 and John L. Smith and John Love, delegates. 
 
 Wayne County — -William Ratcliff, member House of Delegates, and Wil- 
 liam W. Brumfield and “William Copley, delegates. 
 
 Webster County — Henry C. Moore 3 
 
 Wetzel County — James G. West, member House of Delegates, and Reuben 
 Martin and James P. Ferrell, delegates. 
 
 Wirt County — James A. Williamson, member House of Delegates, and 
 Henry Newman and E. T. Graham, delegates. 
 
 Wood County — John W. Moss, member House of Delegates, and Arthur I. 
 Boreman and Peter G. Van Winkle, delegates. 
 
 1. Lot Bowen resigned August 13, 1861, because of a connection with the Army, 
 and was succeeded the following day by Charles S. Lewis. 
 
 2. Francis H. Pierpont, having been elected Governor, resigned August 19, 1861, 
 and was succeeded by Ephraim B. Hall. 
 
 3. The name of James W. Williamson was, on the eighth day of the session, 
 dropped from the roll of members of the Convention, he not having made his ap- 
 pearance since the beginning of the session. 
 
 4. Another delegate from Putnam County qualified and took his seat, August 
 12, 1861, but bis name has not been ascertained.- -V. A. L. 
 
 5. June 20th — ninth day of the session — Daniel Lamb, Chairman of the Com- 
 mlittee on Credentials, reported that the credentials of Henry C. Moore had been ex- 
 amined, and he was found to be the duly accredited Delegate from the Election 
 district comprising Webster and parts of Nicholas and Braxton counties. — V. A. L. 
 
the People op Northwestern Virginia in 1861. 
 
 81 
 
 Mr. Pierpont, from the Committee on Permanent Organiza- 
 tion, offered the report of that Committee, recommending the se- 
 lection of Arthur I. Boreman, of Wood, for President of the Con- 
 vention; for Secretary, Gibson L. Cranmer, of Wheeling, with 
 power to appoint his Assistants; for Sergeant-at-Arms, Thomas 
 Hombrook, of Wheeling, with power to appoint a door-keeper 
 or door-keepers and pages. 
 
 The Committee also recommend that before the President 
 takes his seat he take the following oath: 
 
 “I do solemnly swear (or affirm) that I will support the Constitution 
 of the United States and the laws made in pursuance thereof, as the su- 
 preme law of the land, anything in the Ordinances of the Convention which 
 assembled in Richmond, on the 13th of February last, to the contrary not- 
 withstanding, so help me God.” 
 
 And that the President, after he shall have taken the oath, 
 and before any other business is transacted, shall administer the 
 said oath to each member who shall be, or has been, reported 
 to this Convention as members thereof by the Committee on 
 Credentials, only varying the form of the oath to suit the case. 
 
 On motion of Mr. Pierpont the report was adopted. 
 
 On motion of Mr. Garble a committee of two was appointed 
 to inform Mr. Boreman of his election and conduct him to the 
 chair, and Andrew Wilson, Esq., of Wheeling, a Justice of the 
 Peace, was requested to administer to him the oath. 
 
 Mr. Carlile and Mr. Tarr were appointed the committee, 
 who conducted Mr. Boreman to the chair. 
 
 The President then returned his acknowledgments to the Con- 
 vention in a brief and pertinent speech. In the course of his re- 
 marks he said: “This Convention ivas assembled under cir- 
 
 cumstances which knew no parallel in the past history of the 
 country since the adoption of our Constitution. Then we were 
 but a few in the land — in these colonies of the mother country. 
 Our fathers met with opposition, but, few as they were, they de- 
 termined to throw off the shackles which bound them. They did 
 so successfully, and after a struggle of seven years, succeeded 
 in obtaining from the world a recognition of their independence. 
 They adopted a form of government under which we have gone 
 on from that day to this, prospering and growing in greatness 
 beyond anything that ever occurred in the history of any other 
 nation either ancient or modern. But now in the middle of the 
 nineteenth century we are awakened by the astounding an- 
 nouncement in one section of our country that we have no gov- 
 
82 Proceedings and Journals of the Conventions of 
 
 eminent worthy of our support, and the announcement is at 
 once accompanied by a rebellion to throw off this government 
 under which we have been so long happy and prosperous, and 
 the inauguration of a system such as would never have been coun- 
 tenanced by our fathers. We of Western Virginia are asked to 
 concur in this action. We are placed in a peculiar position. 
 The Convention of Virginia at Richmond, so far as they have 
 the power, have by the passage of an Ordinance of Secession 
 withdrawn us from the Union of our fathers. They submitted 
 their action to a vote of the people as they proclaimed it, but in 
 a way that made that vote a mockery. The vote in form has rat- 
 ified the Ordinance of Secession — thus in the estimation of that 
 Convention withdrawing us from the United States of America. 
 Under these circumstances Western Virginia is placed in a pe- 
 culiar position. — The States north of its and some of the Slave 
 States have made no effort by an official body to withdraw from 
 the Union. States south of us have gone according to their opin- 
 ions out of the Union. Elsewhere there are no efforts being 
 made in any of them by any regularly constituted bodies to re- 
 tian their places in the Union, while here in Western Virginia 
 we have determined that by the help of Him who rules on high 
 we will resist the aelion of that Richmond Convention, which 
 has practiced upon us a monstrous usurpation of power, vio- 
 lated the Constitution of the country and violated every rule 
 of right. We have determined I say, to resist it, and under 
 this determination we are found here to-day to take definite ac- 
 tion. If you gentlemen, will go with me, we will take definite, 
 determined and unqualified action as to the course ive will pur- 
 sue. We will take such action as will result in Western Vir- 
 ginia, if not the whole of Virginia, remaining in the Union of 
 our fathers. I am satisfied that the members of this Convention 
 concur with me almost unanimously. 
 
 ‘Then in this Convention we have no ordinary political gath- 
 ering. We have no ordinary task before us. We come here 
 to carry out and execute, and, it may be, to institute, a govern- 
 ment for ourselves. We are determined to live under a State 
 Government in the United States of America and under the Con- 
 stitution of the United States. It requires stout hearts to exe- 
 cute this purpose: it requires men of courage — of unfaltering 
 determination ; and I believe, in the gentlemen who compose 
 this Convention, we ha ve the stout hearts and "the men who. are 
 
the People op Northwestern Virginia in 1861. 
 
 83 
 
 determined in this purpose. The definite line of action to be 
 pursued, it is not for me to indicate. Here are learned gentle- 
 men, men of experience, who, no doubt, after deliberation will 
 devise the course proper for us to pursue.” 
 
 The oath was then administered to him, after which it was 
 on motion, 
 
 “Resolved, That certain gentlemen, who presented themselves as dele- 
 gates to this Convention, and who are not. accepted as such hy the report 
 of the Committee on Credentials, shall be admitted to seats on this floor, 
 not, however, to participate in the proceedings of this body.” 
 
 The members then came forward by delegations to the stand, 
 and took the oath of fidelity, which was administered to them 
 by the President. 
 
 Mr. Cari.ti.e then submitted the report of the Committee on 
 Rules, embracing the rules and regulations adopted by the Con-* 
 stitutional Convention held at Richmond in 1S50. 
 
 On his motion it was adopted with an additional resolution, 
 that two hundred copies be printed for the use of the Conven- 
 tion. 
 
 Mr. Dorsey, of Monongalia, offered a. series of resolutions 
 for the purpose of eliciting, as he said, the opinions of the Con- 
 vention in relation to the course to be pursued. He read them 
 as follows : 
 
 “Resolved, That it shall be in part the business of this Convention, to 
 make the requisite preparatory arrangements for the separation from Vir- 
 ginia -and the formation into a new State, of such counties as are repre- 
 sented 'in this body, by delegates or otherwise, and are desirous of enter- 
 ing into the new State organization. 
 
 “2. That the said preliminary arrangements, .when made by the Con- 
 vention, shall, in compliance with the Constitution of the United States, 
 be submitted for approval to the Legislature now convened in this city, 
 as being the only loyal and legitimate Legislature of the State of Vir- 
 ginia; and afterwards, if approved by it, shall he submitted to the Con- 
 gress of the United States. 
 
 “3. That this mode of meeting the present exigencies of Western Vir- 
 ginia, >s preferable to that of reconstructing the Government of Virginia; 
 inasmuch as it is equally legal and yet does not impose upon us the 
 calamity of an overburdening State debt — no part of which we owe in 
 equity — or the scarcely less disastrous calamity of repudiating that debt, 
 and thus ruining the financial credit of the State.” 
 
 Mr. Carlii e asked Mr. Dorsey to withdraw bis resolutions 
 for the present. All knew his own sentiments, but many mem- • 
 bers were not yet prepared to entertain these propositions. They 
 could, however, be entertained in a short time. He thought 
 there were good reasons why the views entertained by them 
 both should not at this time be pressed. 
 
 Mr. Dorsey withdrew the resolutions. — All he had desired. 
 
: 84 Proceedings and Journals of the Conventions of 
 
 was to elicit the opinions of the Convention that they might the 
 better survey the field before them and prepare for action. 
 
 Mr. Carlile then submitted the following resolutions. He 
 was sure the sentiments they expressed would receive the unani- 
 mous approbation of this body. He read them as follows: 
 
 RESOLUTIONS OFFERED by MR. CARLILE. 
 
 “Resolved, that the thanks of the loyal people of Virginia are due, 
 and are hereby tendered to the Federal authorities for the prompt man- 
 ner in which they have responded to our call for protection. 
 
 “2. That we tender our thanks to Major General McClellan for rescu- 
 ing from the destruction and spoliation inaugurated by the rebel forces 
 in our midst, the people of North-western Virginia included within his 
 military division. 
 
 “3. That the gallant and soldierly bearing of the troops from Ohio, 
 ,and Indiana, who with our own gallant 1st regiment, commanded by 
 Western Virginia’s loyal son. Col. Kelley, have scattered the rebel forces 
 in our midst,' has won our admiration, and we gladly hail them as our 
 deliverers from the ruin and slavery provided for us by the conspirators 
 who have temporary possession of the power of the State. 
 
 “4. That we deeply sympathize with our fellow-citizen, Col. Kelley, in 
 his sufferings from the wound received in our service, and earnestly 
 pray that he may be speedily restored to perfect health, and again resume 
 his command at the head of our own 1st regiment. 
 
 “5. That wo utterly repudiate the heresy sought to be inculcated by 
 secessionists, that it is an invasion of Virginia’s soil for American 
 troops to march to the defense and protection of Virginia’s citizens, but 
 on the contrary, we declare Virginia soil to be American soil, and free 
 to the march of American soldiery and sojourn of American citizens, 
 from all and every portion of American territory; and it is only by such 
 recognition that the Federal authorities could discharge a plain Consti- 
 tutional duty imposed upon them by the clause guaranteeing to each 
 State in the Union a Republican form of government.” 
 
 Dr, Logan, of 'Wheeling, moved that the Secretary of the 
 Convention be instructed to transmit copies of the foregoing res- 
 olutions to the President of the United States, to General Mc- 
 Clellan, Brigadier-General Morris, and the Colonels commanding 
 in the division of the United States Army in Northwestern Vir- 
 ginia. X 
 
 It is moved to so amend that 500 copies be printed, to be trans- 
 mitted as proposed, and the residue to be distributed among the 
 soldiers. 
 
 Dr. Logan objected to the amendment. He thought it would 
 be an unnecessary expense. It became them as representatives 
 of Western Virginia to practice rigid economy. He subse- 
 quently, however, accepted the amendment, and the motion as 
 amended was adopted. 
 
 Mr. Carlile submitted a resolution as follows: 
 
 Resolved, That a Committee of thirteen members be appointed to pre- 
 and report business for the Convention. 
 
the People op Northwestern Virginia in 1861. 
 
 85 
 
 Chester D. Hubbard, of Wheeling, moved to amend by 
 adding all resolutions touching our State and Federal Rela- 
 tions, be referred to said Committee. 
 
 Mr. Carlile accepted the amendment and the motion, as 
 amended, was then adopted. 
 
 The Convention then, on motion, took a recess until 2 o’clock, 
 afternoon session. 
 
 The Convention reassembled at the appointed hour. 
 
 The Chair announced the Committee on Business as follows: 
 
 Committee on Business: — John S'. Carlile, of Harrison, Daniel 
 Lamb, of Ohio; Francis H. Pierpont, of Marion; Harrison Ha- 
 gans, of Preston; P. G. Van "Winkle, of Wood; Ralph L. Berkshire, 
 of Monongalia; Daniel Polsley, of Mason; William J. Boreman, of 
 Tyler; E. H. Caldwell, of Marshall; Daniel Frost, of Jackson; 
 George McC. Porter, of Hancock; Daniel D. T. Farnsworth, of 
 Upshur; William H. Copley, of Wayne. 
 
 The Chair stated that the next business in order would be 
 the reception of resolutions and other matters for the Committee 
 on Business. 
 
 Mr. Dorsey th'-n called up the resolutions he had offered 
 in the morning’s session. They were read and referred to the 
 Committee. 
 
 Mr. Pierpont submitted a resolution, which was adopted, 
 as follows : 
 
 Resolved , That the President he requested to communicate with the 
 clergymen of this city with a view to provide for opening the sessions of 
 the Convention each day with prayer. 
 
 On motion of Mr. Carlile, it was ordered that when the Con- 
 vention assemble next it be in the United States Court Room in 
 the Custom House. __ - 
 
 The Convention then on motion, adjourned to afford the Com- 
 mittee time to prepare business for its action. 
 
 THE THIRD DAY, 
 
 THURSDAY, JUNE 13, 1861. 
 
 The Convention' met at the appointed hour, in the United 
 States Court-room, at the Custom House. 
 
86 Proceedings and Journals of the Conventions of 
 
 • 
 
 The sitting was opened with prayer by the Rev. Wesley Smith 
 of this city. 
 
 The minutes of the previous day were read, and, after some 
 trifling amendments, were approved. 
 
 On motion of Mr. Burdett, of Taylor, an opportunity was 
 offered those delegates who had arrived since yesterday to take 
 the oath. Several came forward, and the oath was administered 
 to them by the President. 
 
 On motion of Mr. Burdett, the Committee on business was in- 
 creased from 13 to 17 members, by the addition of the following 
 gentlemen: James T. Close, of Alexandria county; John Hawx- 
 hurst, of Fauquier; James R. Carskadon, of Hampshire, and 
 Mr. Crane, of Randolph. 
 
 Mr. Carlile: “The committee whose duty it is to report 
 
 business for this Convention, after several hours of labor, have 
 instructed me to report a declaration I hold in my hand. We 
 would gladly have had more time for subjects so important, but 
 anxious to show a dispositon to discharge the duties imposed 
 upon them, they have agreed upon this declaration, and will as 
 rapidly as practicable, report further business for the action 
 of the Convention, and hope all matter acted upon will be re- 
 turned to them for engrossment.” 
 
 Mr. Carlile read the fofllowing: 
 
 A DECLARATION OF TIIE PEOPLE OF VIRGINIA REPRESENTED IN CONVEN- 
 TION AT THE CITY OF WHEELING, THURSDAY, 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 subversive 
 of this purpose, it is the right, it is the duty of the latter to alter or 
 abolish it. The Bill of Rights of Virginia, framed in 1776, reaffirmed 
 in 1830, and again in 1851, expressly reserves this right to a majority 
 of her people, and the existing constitution does not confer upon the 
 General Assembly the power to call a Convention to alter its provisions, 
 or to change the relations of the Commonwealth, without the previously 
 expressed consent of such majority. — -The act of the General Assembly, 
 calling the Convention which assembled at Richmond in February last, 
 was therefore a usurpation; and the Convention thus called has not only 
 abused the powers nominally entrusted 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 people 
 of Virginia to separate from and wage war against the government of 
 the United States, and against the citizens of neighboring States, with 
 whom they have heretofore maintained friendly, social and business rela- 
 tions; 
 
 It has attempted to subvert the Union founded by Washington and his 
 
the People of Northwestern Virginia in 1861. 
 
 87 
 
 co-patriots in the purer days of the republic, which has conferred unex- 
 ampled prosperity upon every class of citizens, and upon every section 
 of the country: 
 
 It has attempted to transfer the allegiance 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 opera- 
 tions of the Commonwealth under the control and direction of such con- 
 federacy, for offensive as well as defensive purposes. 
 
 It has, in conjunction with the State Executive, instituted, wherever 
 their usurped power extends, a reign of terror intended to suppress 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 ordi- 
 nance of secession, instituted war by the seizure and appropriation of 
 the property of the Federal Government, and by organizing and mobiliz- 
 ing armies, with the avowed purpose of capturing or destroying the Capi- 
 tal 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 measures and take such action as the safety and welfare of the 
 loyal citizens of Virginia may demand, having maturely considered the 
 premises, and viewing with great concern, the deplorable condition to 
 which this once happy Commonwealth must be reduced, unless some regu- 
 lar adequate remedy is speedily adopted, and appealing to the Supreme 
 Ruler of the Universe for the rectitude of our intentions, do hereby, in 
 the name and on the behalf of the good people of Virginia, solemnly de- 
 clare, that the preservation of their dearest rights and liberties and their 
 security in person and property, imperatively demand the reorganization 
 of the government of the Commonwealth, and that all acts of said Con- 
 vention and Executive, tending to separate this Commonwealth from the 
 United States, or to levy and carry on war against them, are without 
 authority and void; and the offices of all who adhere to the said Conven- 
 tion and Executive, whether legislative, executive or judicial, are vacated. 
 
 J. W. Paxton, of Ohio, submitted the following which was re- 
 ferred : 
 
 Resolved, That the people of Northwestern Virginia have long and 
 patiently borne the position of political inferiority forced upon them by 
 unequal representation in the State Legislature, and by unjust, op- 
 pressive, and unequal taxation, but that the so-called ordinance of seces- 
 sion, passed by the Convention which met in Richmond on the 13th of 
 February last, is the crowning act of infamy which has aroused them 
 to a determination to resist all injustice and oppression, and to assert 
 and forever maintain their rights and liberties in the Union and under 
 the Constitution of the United States. 
 
 Mr. Paxton said : “In considering matters that come be- 
 
 fore us for action here it is very difficult but very important 
 that we all realize the actual existence of war — civil war. We 
 must not forget, sir, that we are now engaged in a struggle for 
 the nation’s very- existence; that our differences are not now 
 being settled as hertofore at the ballot box, peacefully and qui- 
 etly, but by the bayonet and at the cannon’s mouth. You, sir, 
 and I, and every American citizen this day are parties to this 
 
88 Proceedings and Journals of the Conventions of 
 
 struggle on one side or on the other — either as loyalists or reb- 
 els. And he who sympatizes with, who directly or indirectly, 
 aids or encourages either side, is just as much a party to this war 
 as if on the tented field itself. I assert, and in doing so appeal 
 to all past observation and experience for my justification, and 
 there is not, and there can be, no real neutrality; that assumed 
 neutrality either by a State or by an individual is practical se- 
 cession. It is well to remember this in coming to the consider- 
 ation of our duties in this great emrgency. 
 
 What is our duty? For what are we convened? What is ex- 
 pected of us by that patriotic and Union-loving constituency 
 whom we represent, and who well know are resolved never to 
 submit to the military despotism inaugurated at Richmond? 
 Sir, they expect of us action. They not only expect but they 
 demand prompt, decisive and organized resistance 'to traitors 
 and to treason. Shall we disappoint them? Shall we disap- 
 point not them alone but the just expectations of the whole coun- 
 try? No, sir. We are fully committed to the war of patriot- 
 ism against treason; and I am very sure from the indications 
 here that there will be neither faltering nor hesitancy now. 
 
 The time has come for action — for active resistance to the des- 
 potism that will overwhelm us surely if we remain tacit and 
 inactive. Duty, patriotism, and even self-preservation demand 
 that we shall now promptly recognize the responsibilities that 
 have devolved upon us, and shall take action worthy of the 
 occasion ; such action as, in the language of the resolution I have 
 offered here ‘will assert and forever maintain our rights and 
 liberties in the Union and under the Constitution of the 
 United States.’ 
 
 Mr. President, we are now called upon to perform our 
 part — and it is no unimportant one — towards the preservation 
 and the perpetuity of this great Government. — We must 
 and will be sustained in the effort by the whole force and power 
 of the Federal Government. And, sir, we shall suceed in driv- 
 ing treason and rebellion beyond our borders. This, sir, is our 
 mission. — Let us do the work.” 
 
 Mr. Hawxhurst, of Fairfax, offered the following : 
 
 1. Resolved. That we recognize the Union sentiment, of the whole 
 State as the proper basis of this body. 
 
 2. That when worthy Union men of the different counties of the 
 State, who cannot have proper facilities for consultation and action, 
 send delegates to this Convention, we will receive them and their as- 
 
the People op Northwestern Virginia in 1861. 89 
 
 distance in freeing the State from the rule of despotism that now op- 
 presses a portion of them. 
 
 Mr. Carlile: “The Committee have instructed me to report 
 
 a resolution, and I trust the gentleman will withdraw his, if this 
 meet his approbation. It is as follows:” 
 
 Resolved, That the loyal people of the counties of this Commonwealth 
 that have not yet appointed delegates to this Convention, or are not ac- 
 tually represented here, be, and they are hereby earnestly requested to 
 appoint such delegates without avoidable delay. 
 
 Mr. ILawxhurst withdrew his resolution. 
 
 Mr. Pierpont, of Marion, hoped every member would see 
 the importance and propriety of adopting the resolutions of the 
 Committee at once. He trusted after that was done, that effect- 
 ive measures would he taken to communicate the information 
 contained in the resolutions, to those counties without delay. 
 
 The resolution was then adopted. 
 
 Mr. Frost, of Jackson, offered a resolution more especially, 
 he said, with reference to his section of the State. It is as fol- 
 lows : 
 
 Resolved , That for the better preservation of the peace of the citizens 
 of Virginia, this Convention most earnestly requests all persons within 
 her limits engaged in rebellious movements against the Federal Govern- 
 ment, to desist from all such demonstrations and return to their allegi- 
 ance; and that this Convention does peremptorily require all seditious 
 assemblages to disperse, and all companies mustered into the service of 
 the Southern Confederacy to be immediately disbanded. 
 
 The resolution was appropriately referred. 
 
 Mr. Carlile suggested that if there were no business before 
 the Convention, it would greatly facilitate their objects to have 
 the committees at work, and if agreeable, he would move to 
 adjourn till to-morrow morning. He subsequently withdrew 
 the motion to adjourn, and asked that a genral order be adopted 
 that the committees have leave to sit during the sittings of the 
 Convention, which leave was granted. 
 
 Mr. Burdett said, a gentleman from Barbour was here with 
 but partial credentials. — Barbour was a Union county, and 
 the member of the Legislature from that county having run off 
 with the secession army, he wished to enquire if it was not com- 
 petent for this Convention to declare this gentleman the dele- 
 gate elect to the House of Delegates from that county, and 
 thereby make him a delegate to this Convention. He therefore 
 moved 
 
 That this Convention declare Nathan H. Taft the delegate for 
 Barbour county in the Legislature. 
 
 Mr. Farnsworth, of Upshur, said the claims of the gentle- 
 
90 Proceedings and -Journals op the Conventions op 
 
 man were now under consideration by the Committee on Cre- 
 dentials. Their report would be made shortly, and he asked re- 
 spectfully that a little time be given them. 
 
 Mr. Burdett withdrew the resolution. 
 
 Mr. Lamb, of Ohio, suggested to the gentleman from Taylor, 
 that the proper course to pursue would be to pass Mr. Taft’s 
 credentials over to the Committee on Credentials. That would 
 be the proper course in any instance of the kind. 
 
 Mr. Parsons, of Tucker, thought it altogether wrong to 
 take the consideration of such matters out of the hands of the 
 committee appointed for the express purpose of considering 
 them. 
 
 Mr. Burdett said the gentleman from Tucker misapprehended 
 his remarks. He believed it competent for this Convention to fill 
 vacancies for the House of Delegates. There appears to be one 
 in the county of Barbour. We have a right to indicate Mr. Taft 
 as the Delegate, and receive him here as such ; but I think it better 
 for the committee to report on the matter first. I, therefore, move 
 to refer the claims of Mr. Taft to a seat in this body, to the Com- 
 mittee on Credentials. 
 
 The resolution was adopted. 
 
 Mr. Frost said that in glancing over the rules, he discovered that 
 according to rule 21, select committees should be composed of not 
 less than 5 nor more than 13. He called attention to the rule to 
 prevent infringement. He thought, in view of the resolution of- 
 fered by the gentleman from Taylor, and adopted by the Conven- 
 tion, increasing the Committee on Business from 13 to 17, it would 
 be proper either to alter the rule, or reconsider the resolution by 
 which the increase was made. 
 
 Mr. Van Winkle moved to amend the rule by adding the words, 
 “unless by authority of the Convention.” 
 
 Mr. Lamb suggested that it would be better to reconsider the mo- 
 tion. 
 
 Mr. Van Winkle explained that the object of his motion was 
 to legalize the action taken by the Convention this morning. 
 
 Mr. Burdett favored a reconstruction. 
 
 Mr. Van Winkle withdrew his motion, and after some further 
 discussion, a motion to reconsider the vote by which the Commit- 
 tee on Business was increased in violation of the rule, prevailed. 
 
 On motion of Mr. Lamb, the 21st rule was then suspended. 
 
the People of Northwestern Virginia in 1861. 
 
 91 
 
 On motion of Mr. Burdett, the committee was then increased 
 by adding to it the four gentlemen appointed under his former 
 resolution. 
 
 The Chair stated in justification of himself that the committee 
 had been formed hastily, and without particular thought as to 
 whether the members were from the east or west of the Alle- 
 ghanies. It never occurred to him that he was omitting gentle- 
 men from any one section of the State. The additional appoint- 
 ments on the committee, however, would remedy the omission. 
 
 On motion the Convention took a recess till 2 o’clock P. M. 
 
 AFTERNOON SESSION. 
 
 The Convention re-assembled at 2 o’clock. The Chair stated 
 that the first business in order, would be the reception of the 
 reports of such committees as might be prepared to report. 
 
 There being no reports offered, 
 
 Mr. Flesher, of Jackson, said if there were nothing before 
 the Convention, he would move to adjourn till to-morrow morn- 
 ing at ten o’clock 
 
 Samuel B. Todd, of Taylor, said he wished to ask leave of 
 absence of the Convention for a few days. His private affairs 
 rendered it necessary. 
 
 On motion, leave of absence was granted him. 
 
 Mr. Flesher, of Jackson, then renewed his motion, and the 
 Convention adjourned. 
 
 THE FOURTH DAY, 
 
 FRIDAY, JUNE 14, 1861. 
 
 The Convention met yesterday at the usual hour and was 
 opened with prayer by Rev. David Ilervey. 
 
 The minutes of the preceding day were read and approved. 
 Col. Kramer, of Monongalia, who was present for the first 
 time, came forward and took the oath of office. 
 
 Mr. Carlile, from the Committee on Business, reported the 
 
92 Proceedings and Journals op the. Conventions op 
 
 following Ordinance: On his motion it was ordered to lie on 
 
 the table and be made the order of the day for to-morrow at 
 eleven o’clock. 
 
 AN ORDINANCE FOR THE RE-ORGANIZATION OP THE STATE GOVERNMENT. 
 
 The people of the State of Virginia, by their delegates assembled in 
 Convention at Wheeling, do ordain as follows: 
 
 1. A Governor and Lieutenant-Governor for the State of Virginia shall 
 
 be appointed by this Convention to discharge the duties and exercise the 
 powers which pertain to their respective offices by the existing laws of 
 the State, and to continue in office until their successors be elected and 
 qualified. ■ \ 
 
 2. A Council, to consist of five members, shall be appointed by this 
 Convention to consult with and advise the Governor respecting such mat- 
 ters pertaining to his official duties as he shall submit for consideration, 
 and to aid in the execution of his official orders. Their term of office 
 shall expire at the same time as that of the Governor. 
 
 S. The Delegates elected to the General Assembly on the twenty-third 
 day of May last, and the Senators entitled, under existing laws to seats 
 in the next General Assembly, who shall qualify themselves by taking 
 the oath or affirmation hereinafter set forth, shall constitute the Legis- 
 lature of the State, to discharge the duties and exercise the powers per- 
 taining to the General Assembly. They shall hold their offices for the 
 terms for which they were respectively elected. They shall assemble in 
 the city of Wheeling on the day of — — and proceed to orga- 
 
 nize themselves, as prescribed by existing laws, in their respective 
 branches. A majority in each branch of the members qualified as afore- 
 said shall constitute a guarantee to do business. A majority of the mem- 
 bers of each branch thus qualified, voting affirmatively, shall be compe- 
 tent to pass any act specified in the twenty-seventh section of the fourth 
 article of the Constitution of the State. 
 
 4. The Governor, Lieutenant-Governor, members of the Legislature, 
 and all 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, Commis- 
 sioners of the Revenue, Justices of the Peace, officers of city and munici- 
 pal corporations, and officers of militia and volunteers of the State not 
 mustered into the service of the United States shall each take the follow- 
 ing oath or affirmation before proceeding in the discharge of their sev- 
 eral 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 Su- 
 preme law of the land, any thing in the Ordinances of the Convention 
 which assembled at Richmond on the 13th day of February, 1861, to the 
 contrary notwithstanding: and that I will uphold and defend the Gov- 
 ernment ordained by the Convention which assembled at Wheeling on the 
 11th day of June, 1861, and the legislature, Governor and all other offi- 
 cers thereof, in the discharge of their several duties as prescribed by the 
 last mentioned Convention. 
 
 5. If any elective officer who is required by the preceding section to take, 
 said 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 election, 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 Commis- 
 
the People oe Northwestern Virginia in 1861. 
 
 93 
 
 sioners to be ordered by the Governor for the purpose. If the officer 
 who fails or refuses to take such oath or affirmation be appointed other- 
 wise than by election, the writ shall be directed to the appointing power, 
 requiring it to fill the vacancy.” 
 
 He also from the same Committee reported back the resolu- 
 tion submitted by Mr. Frost, of Jackson, on Thursday, com- 
 manding the dispersion of seditious assemblages, &c., with the 
 recommend at i on that it pass. 
 
 On motion, the question was put and the resolution adopted. 
 
 Mr. Lamb, from the Committee on Credentials, reported that 
 John Love, of Upshur county, had presented proper credentials 
 entitling him to a seat in this Convention from that county, and 
 he moved that his name be entered upon the. roll as such. 
 
 The report as far as made was adopted. Mr. Love’s name 
 was entered upon the roll, and he came forward and was quali- 
 fied. 
 
 Mr. Lamb — “The Committee also instructed me to report that 
 Nathan IT. Taft is entitled to represent the people of Barbour 
 county as one of the delegates in this Convention, in the place 
 of Spencer Dayton, who has been heretofore admitted as a mem- 
 ber.” He moved that Mr. Taft be received in place of Mr. Day- 
 ton. 
 
 Mr. Stuart, of Doddridge, wished to know some of the facts 
 in the case. He was aware that the Committee had the power to 
 displace a member already qualified. He thought such action 
 irregular. 
 
 Mr. Lamb said the facts ivere briefly these : 
 
 “The appointments in that county had been made by subscrip- 
 tion. Mr. Shuttleworth was upon all the subscription papers 
 presented to the Committee. AVhen we first acted upon the case 
 and presented that roll of members to the Convention, Mr. Taft 
 had not his papers to lay before us. We therefore presented 
 the name of Mr. Dayton, because his was the only second name 
 appearing upon the papers we had to act upon. Mr. Taft, upon 
 due notice to Mr. Dayton, has since brought forward his pa- 
 pers, and it appears now by the whole of the papers which we 
 now have before us, that Mr. Taft is appointed to represent that 
 county, by a larger number of citizens than Mr. Dayton. Mr. 
 Shuttleworth is unanimously appointed, and the county is en- 
 titled to but two members. 
 
 Mr. Stuart renewed his objection on the ground of irregu- 
 
94 Proceedings and Journals op the Conventions op 
 
 larity. Mr. Dayton had been qualified, and there should be 
 some regularity in the mode by which he should be displaced. 
 
 Mr Lamb referred to the proceedings of the day before. The 
 claim of Mr. Taft had been regularly referred to the Commit- 
 tee. A consideration of it necessarily involved a contest with 
 Mr. Dayton. Under order of the Convention, it was incumbent 
 on the Committee to report on the respective claims, and they 
 had done so. 
 
 Mr. Stuart said he had understood the resolution of yes- 
 terday (submitted by the gentleman from Taylor) to express 
 that Mr. Taft should be entitled to take his seat as a representa- 
 tive in the Legislature, and not whether he or Mr. Dayton should 
 take a seat here as delegate to this Convention only. 
 
 The Secretary read Mr. Burdett’s resolution. It is as fol- 
 lows : 
 
 “That Nathan H. Taft he admitted to a seat in this Convention, as the 
 delegate from Barbour county to the Legislature.” 
 
 Mr. Burdett said that at the time he submitted that res- 
 olution, he was not aware that Mr. Taft had credentials showing 
 him regularly elected. He had not offered it to give Mr. Taft 
 a seat in preference to Mr. Dayton, but he thought the Commit- 
 tee on Credentials had full power to determine and decide who 
 are delegates to this Convention, particularly with the concur- 
 rence of this body itself. 
 
 Mr. Fresher, of Jackson, inquired if they could both hold 
 seats in the Convention. 
 
 The Chair said that was a matter for the Convention to de- 
 cide. 
 
 Mr. Moss, of Wood, moved as a substitute for the report of 
 the Committee, that the office of delegate to the House of Dele- 
 gates for Barbour county be declared vacant, and that Mr. Taft 
 or Mr. Dayton be declared such delegate. 
 
 Mr. Carlile said there was no power in the Convention to 
 appoint a delegate for the county of Barbour. Neither was there 
 any power to increase the number of representatives to which 
 she is entitled on this floor. He trusted the gentleman from 
 Wood would withdraw his motion, and allow t}ie report of the 
 committee to be adopted. 
 
 Mr. Dayton, who was present, took occasion to express his 
 willingness to acquiesce in the action of the committee. He had 
 come here determined that Barbour should be represented, and 
 
the People of Northwestern Virginia in 1861. 
 
 95 
 
 without being aware that any gentleimon except Mr. Shuttle- 
 worth would be here. There was no contest between himself and 
 Mr. Taft. lie would already have resigned in favor of that 
 gentleman (having since his arrival here become acquainted with 
 his superior claims) but that he should have been subjected on 
 his return home to the imputation of having shrunk from taking 
 part in the action of the Convention. He desired, therefore, 
 that when he retired that it might be by the action of the Con- 
 vention. With this explanation he would let the matter rest. 
 
 Mr. Moss withdrew his motion. 
 
 The question was taken on the report of the Committee, and 
 it was adopted. 
 
 Mb. Paxton moved to reconsider the vote by which, a few 
 minutes since, the report of the Committee on Business was 
 made the special order for to-morrow at eleven o’clock. The 
 printed report could not be in the hands of the members before 
 that hour. He wished to substitute a later day. 
 
 Mr. Caelile remarked that the suggestion met the con- 
 currence of the committee. He hoped a later day would be 
 named. 
 
 The question was put and the vote reconsidered. 
 
 Mr. Paxton then moved that the ordinance reported by 
 the Committee on Business be made the special order for Mon- 
 day at 11 o’clock. 
 
 Mr. Crane, of Tucker, moved to amend by substituting Wed- 
 nesday for Monday. He was obliged to absent himself till that 
 time, and was very desirous of being present when the consid- 
 eration of the ordinance came up. 
 
 Mr. Paxton accepted the amendment and the motion as 
 amended was concurred in. 
 
 The order of the day was called. 
 
 Mbs Lamb moved to suspend its consideration until the Com- 
 mittee on Credentials could conclude their report. 
 
 The order being susepnded, 
 
 Mr. Lamb said that he had been instructed additionally to 
 report that Wm. F. Mercer, of Loudon county, claims a seat in 
 the Convention; that the Committee regard the credentials of- 
 fered by Mr. Mercer as insufficient and so report to the Conven- 
 tion. He asked that Mr. Mercer himself be heard. 
 
 Mr. Mercer spoke at some length in support of his claims. 
 
96 Proceedings and Journals of the Conventions op 
 
 Mr. Carlile read the credentials of Mr. Mercer, and made some 
 remarks [in] refutation of his claims and urging that the duty of 
 the Convention required them, however much their sympathies 
 might he enlisted, to strictly require that none but such as were 
 regularly appointed should be received as delegates. 
 
 Mr. Stuart suported Mr. Mercer’s claims in a few remarks. 
 
 Mr. Burdett submitted a motion that the gentleman from Lou- 
 don should be declared a delegate of this Convention; which he 
 afterwards withdrew. 
 
 The question on the adoption of the report of the committee was 
 taken and the report was adopted. 
 
 Mr. Carlile read to the Convention an invitation for them to 
 attend a strawberry festival given by the Union ladies of Wheel- 
 ing in the evening, at Washington Hall. He hoped all would go. 
 
 He also announced that the Central Committee, appointed by 
 the May Convention, had taken such steps as enabled them to an- 
 nounce that 2,000 stand of good arms had been procured, 500 
 of which arrived in the city to-day, and the other 1,500 to be here 
 this evening or in the morning. 
 
 The order of the day was then again taken up. 
 
 On motion of Mr. Dorsey it was postponed until 2 o’clock P. M. 
 
 The Convention then took a recess until 2 o ’clock. 
 
 afternoon session. 
 
 The Convention assembled at two o’clock. 
 
 Mr. Hagans asked and obtained leave to introduce the following 
 resolution : 
 
 Resolved, That, in consideration of the peculiar circumstances that 
 have surrounded our loyal brethren of Loudon county, as well as of their 
 geographical position, this Convention now extends to them a cordial 
 and special invitation to accredit and send their number of delegates as 
 soon as possible, and that ffm. F. Mercer be made the medium of this 
 invitation. 
 
 The resolution was adopted. 
 
 Mr. Taft, of Barbour, then went forward and took the oath of 
 office. 
 
 Tiie Chair then anonuneed the order of the day to be the Decla- 
 ration reported by the Committee yesterday. The question is on its 
 adoption. 
 
 Mr. Dorsey, of Monongalia, said he had no special objection to 
 this Declaration of itself. He thought there was an error or an in- 
 advertence in the wording of one sentence: 
 
the People op Northwestern Virginia in 1861. 
 
 97 
 
 ‘ ‘ The act of the General Assembly, calling the Convention which 
 assembled at Richmond in February last, was therefore a usurpa- 
 tion ; and the Convention thus called has not only abused the pow- 
 ers nominally entrusted 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 inevita- 
 bly subject them to a military despotism.” 
 
 This sentence gave peculiar force to the one which preceded it, 
 which reads thus: “The Bill of Rights of Virginia, framed in 
 
 1776, re-affirmed in 1830, and again in 1851, expressly reserves this 
 right to the majority of her people, and the existing constitution 
 does not confer upon the General Assembly the power to call a 
 Convention to alter its provisions, or to change the relations of the 
 Commonwealth, without the previously expressed consent of such 
 majority.” Taken in connection with the one first read, this 
 seems to mean with the previously expressed consent of such ma- 
 jority, the General Assembly has the power to change the relations 
 of the Comonwealth, and if that means the Federal relations, this 
 is a virtual concession of the doctrine of secession. The objection 
 however, which he had to this document related to its connection 
 with other documents reported to this Convention by the Committee 
 on Business, as being a part of a systematic plan which had been 
 prepared by the committee reporting the declaration — a plan which 
 he objected to and to which he would report his objections. 
 
 Mr. Carlile : I thank my friend from Monongalia for allowing 
 the committee an opportunity to explain, and show, if we can, that 
 the language referred to is not justly subject to the criticism to 
 which it seems to have been exposed. Before he enters upon sub- 
 stantial objections he has kindly consented that we shall be allowed 
 to perfect the Declaration. 
 
 I think, Sir, upon a careful reading of the Declaration gentle- 
 men will see that there is nothing in the world squinting towards 
 the heresy of secession, in the slightest degree. The right spoken 
 is the right of the people to alter or abolish their government. No 
 man doubts that right; it is as old as liberty itself. It is a right 
 that any and every people have, successfully if they can, to re- 
 sist a government, which they believe to be oppressive or unsuited 
 to their wants. If they succeed in their efforts they are patriots, 
 if they fail they are rebels. It is the right of revolution. 
 
 The people of Virginia in establishing themselves a government 
 
98 Proceedings and Journals of the Conventions of 
 
 deemed it best that it should be divided into two parts, if I may 
 use the expression, and you will allow me to use language which I 
 understand, and which all can understand. What is government? 
 It is an agent. All governments are the agents of the people gov- 
 erned; and the people of Virginia in establishing government for 
 themselves deemed it best to create two agents. The Federal Gov- 
 ernment is one, and the State Government is the other; and they 
 have expressly declared that the acts within the limits 
 of the attorney that the acts of the federal agent, within 
 its powers, limited and defined by the instrument creating his 
 agent, shall be supreme. Any act done or performed by the State 
 agent in conflict with the powers conferred upon the Federal agent 
 is to be null and void. — Thus it will be seen that within the powers 
 conferred the federal agent is supreme, independent of, and above 
 the State agent. Hence the doctrine of Mr. Clay when he said : “ I 
 owe a supretme allegiance to the Federal Government, a subordinate 
 one to my own State.” 
 
 The State agent, as to the exercise of its power, is wholly inde- 
 pendent of the Federal agents. The Federal agent can exercise no 
 power other than that conferred upon him by the instrument creat- 
 ing him. The State agent can exercise all power that the people 
 themselves were they personally present could exercise, which is not 
 forbidden to be exercised by it, in theConstitution creating it. 
 There is the distinction between the two agents. 
 
 How was the Federal agent created ? The State agent was created 
 solely and alone by the people of Virginia themselves; it is respon- 
 sible to no one else, derives its powers from no one else; is the 
 creature of the people of Virginia alone. 
 
 The Federal agent is the creature of all the parties to the Fed- 
 eral compact. The people of Virginia agreed with the people of 
 the other twelve colonies — there were but thirteen at the time — 
 agreed with them that in connection with them they would create 
 this common agent for common purpose, and the discharge of 
 common duties. And how was that agent created in each one of the 
 States? In their sovereign capacity, in convention assembled, rati- 
 fying and approving the instrument creating the agency known 
 as the Constitution of the United States. That very instrument 
 provides for its own alteration, amendment or change. On the ap- 
 plication of two-tliirds of the principals creating it, amendments 
 can be proposed to it and changes effected, which will become a 
 
the People op Northwestern Virginia in 1861. 
 
 99 
 
 part and parcel of the original act itself, when ratified by three- 
 fonrths of the principals through their legislatures or in their 
 conventions assembled . 
 
 Now, 'Sir, what is this clause to which reference has been made? 
 It merely asserts what all know to be true, that the Bill of Rights 
 declares that this State agent which we have created, cannot change 
 the agency itself, as defined, limited and prescribed by the instru- 
 ment creating the agency, the Constitution of Virginia; that no 
 agent, created either mediately or immediately, directly or indi- 
 rectly, can affect, change, alter, or abolish the powers of the agent, 
 either direct or indirect. That can only be done by the people 
 creating the agents — therefore, we say that when this one 
 of these agents — the Legislative Department of the State Gov- 
 ernment — assumed to itself the power to convene an assembly 
 known constitutionally as embodying the sovereign power of the 
 whole people of the State, they were guilty of an usurpation. And 
 thus the legitimate inference to be drawn is that they have by this 
 usurpation forfeited their agency and our power under the in- 
 strument ; that this act which they assumed to do is in violation of 
 authority conferred upon them by the instrument establishing them 
 as the agent, and therefore void ; and that such power can only be 
 assumed by the principal himself, the sovereign people of Virginia. 
 
 Mr. Dorset: Will the gentleman from Harrison county permit 
 me to ask a question? AVhat “relations” are meant in the clause? 
 Or how “change the relations of the Commonwealth?” 
 
 Mr. Carlile : I am coming to that. If the Constitution of the 
 United States, providing as it does, for its own amendment and 
 change, should be by the constitutional number of States so 
 changed as to effect the present relations which Virginia has to 
 it, and give it another and different relation, and the people of 
 Virginia shall ratify that amendment in convention as they rati- 
 fied the constitution itself, or through the Legislature in the man- 
 ner prescribed by the Constitution, I would like to know if they 
 have not the right to do it? Sir, I hope to see the relations of Vir- 
 ginia changed before many years. If peace shall once more be re- 
 stored to this once happy land, I trust that among the first acts of 
 the people of the States will be to convene a National Convention 
 which shall, if it do nothing else, change our relations so far as 
 treason is concerned. I want to see a little more Stringent pro- 
 vision on that subject. I want that which goes to destroy the per- 
 
100 Proceedings and Journals op the Conventions op 
 
 petuity of our government, whether it he. an overt act or not, to he 
 punished as treason. That is all, Sir, this Declaration means. It 
 may be meant to cover the great right never denied — the right 
 which is dear to every freeman — the right of revolution — the right 
 which our fathers exercised and asserted successfully upon the 
 fields of Yorktown and Bunker Hill. But was never intended — - 
 and it canont be made to appear by a fair construction — that the 
 convention assembled for the purpose of putting its foot upon this 
 heresy of the constitutional right to withdraw from the Union and 
 destroy a government, could or does express a recognition of that 
 very right which it holds does not exist. It never can be supposed 
 that a convention assembled for that purpose could or would by 
 any inference in any line that it might adopt, recognize the right 
 of secession. 
 
 Now, if the gentlemen will address themselves to the task of em- 
 ploying better language, less objectionable or open to the criticism 
 than that which is employed in the Declaration, to express the ideas 
 which we all desire to enforce, the Committee, I am authorized to 
 say, will feel gratified to this Convention if they will do it. But, 
 Sir, in the limited time that was given to us from the adjournment 
 on Tuesday to the meeting on Wednesday, after a night’s reflec- 
 tion, after careful revision, writing and re-writing by different 
 hands — the language that is found in the declaration was employ- 
 ed ; and I believe it is to be not only happy, but the best that can 
 be employed in any reasonable time by this body. 
 
 The relations of this State to the Federal Government can be 
 constitutionally changed — will be, I trust, constitutionally chang- 
 ed, and will result in saving two ages that are to come after us, I 
 trust, from the destruction that now threatens our beautiful sys- 
 tem of government. 
 
 Mr. Dorsey, of Monongalia. The remarks explanatory of the 
 clause in this Declaration, are to my mind sufficiently clear; and 
 perhaps as they will go forth with this declaration, they may be suf- 
 ficient explanation of it. I shall not therefore urge my objections. 
 In fact it was a mere passing remark I made. 
 
 The remarks, however, Mr. President, that I presume to make 
 are more in reference to the relation that this document sustains 
 to the other documents which have already come before the Con- 
 vention, and others which they indicate will come before it, than 
 in reference to the language of the declaration itself. This is 
 
the People oe Northwestern Virginia in 1861. 
 
 101 
 
 part of a plan, a part of a systematic arrangement that is to be 
 proposed for the action of this body ; and in making reference to it, 
 it may perhaps be well to put it in comparison with another plan 
 that has been spoken of frequently, and by some members at least 
 earnestly. 
 
 The plan proposed by the Committee is, if I understand it, first 
 to declare that the offices in the State of Virginia are vacant, then 
 to proceed to make arrangements for filling those offices; then to 
 proceed step by step to the other arrangements necessary for the 
 reconstruction of the Government of Virginia. 
 
 The other plan alluded to, and which was indicated, rather than 
 drawn out in full in my resolutions submitted on Tuesday is to 
 go as far in this other plan as is necessary; to call together the 
 legislature of the State of Virginia, and then to submit to that 
 legislature the proposition of separating Western Virginia from 
 Eastern Virginia and establishing a new State Government. 
 
 Now, the principle, you will observe, Mr. President, in each of 
 these cases is the same. The principle upon which this Convention 
 will act in either case is the same. The principle upon which the 
 committee proposes to act is this : All power is vested in the people. 
 They are the sovereigns in this Government; they have, delegated 
 their power, however temporarily, to certain servants. Those ser- 
 vants have proven to be unprofitable servants, and now the people 
 propose through the medium of their Convention to call other ser- 
 vants to attend to their interests. The Legislature that may be 
 convened for that purpose of attending to those interests, may be 
 convened during the sitting of this Convention— consists of those 
 servants. The people propose now that the interests belonging 
 to them shall be put into the hands of that Legislature. The same 
 principle prevails in the other proposition. We begin as they 
 begin and proceeded thus far as they proceeded; but we do not 
 propose that this new State organization shall continue permanent- 
 ly in operation. I repeat the principle is the same in either case; 
 and unless we assume that principle this Convention can do nothing 
 at all — would have no authority to do anything at all. It is on that 
 principle that it has been assembled; on that principle it has been 
 acting, and upon that I propose to act in the future in all its de- 
 liberations. 
 
 Another matter is that the legality in either case is the same. 
 I have heard much private conversation and much public discus- 
 
102 Proceedings and Journals of the Conventions of 
 
 sion in regard to what the general government will recognize and 
 approve. Now, Sir, the general government can recognize the one 
 plan as readily as the other. The Wheeling Intelligencer has ad- 
 mitted that. Gentlemen who are advocating this plan — gentle- 
 men who have proposed this plan to the committee, and gentlemen 
 on the co-mmittee who have been favoring it acknowledge that; 
 and it is generally believed by those who understand anything 
 about the views of the loyal people of the tlnited States, and who 
 can guess at the views of the Administration — it is generally be- 
 lieved, if not fully understood, that the general government will 
 recognize anything that Virginia shall do to keep herself in the 
 Union, and at the same time preserve peace and order within her 
 borders. Wherever there is illegality in the one plan there is in 
 the other. Wherever there is an over-riding of technicalities in 
 the one there is the same in the other ; and I wish just here to call 
 attention of those who may defend the plan that is before the con- 
 vention in part — T wish to call their attention to this point, to say, 
 if they can, that the Administration will probably reject the one 
 plan and receive the other. I admit indeed that there are abun- 
 dant. indications that, the Administration would prefer the plan that 
 is proposed by this committee. I see the indications in the news- 
 papers, and hear them in private conversation. But are we to 
 infer from that that the general government will not recognize 
 our plan at all if adopted by us? The Administration has a cer- 
 tain plan before it as a plan of operation. This may, if adopted, 
 be made a, special plan to these operations — an agVnt, an instru- 
 ment in the hands of the Administration to accomplish its purpose 
 more readily perhaps than it could without such a plan. That is 
 admitted by the advocates of a division of the State, but we in- 
 sist that the general government will also adopt our plan if we do 
 not see proper to adopt the other plan. 
 
 It. is a revolutionary movement altogether. Both plans are rev- 
 olutionary; and if the General Government can recognize one, 
 it can the other. 1 may say that I know from private conversations 
 with those who know something about the views of the Administra- 
 tion, that they expect us not to quibble about technicalities, not to 
 be squeamish about little points of law, in our action in this con- 
 vention ; and if we are afraid of little points of law ; if' we are 
 squeamish, really, about these little technacalities, it is time for 
 us to begin to tremble already. We have already done acts which 
 
the People of Northwestern Virginia in 1861. 
 
 103 
 
 viewed in the light of formal law, are treasonable. It requires 
 boldness to enter into a revolutionary project of this kind, and if 
 we have it in the one case, we ought to have it in the other. When 
 we have already committed a revolutionary act, we ought to con- 
 sider what lies before us, in view of our own local interests, as 
 well as in view of the general interests of the country. 
 
 Now, I ask the question. What shall decide us between these two 
 plans that have been proposed? The legality cannot decide us, be- 
 cause they are equally legal; and I think the gentleman who will 
 advocate this plan before the Convention, will admit this — admit 
 it as the Intelligencer has done. Legally, indeed? We propose to 
 do something in due form of law, and yet we have already trembled 
 about the forms of law, and not only that, but we propose to over- 
 ride all forms of law in carrying out the plan that is now proposed 
 by this committee. It is the understanding, though not formally 
 proposed in the report of that committee, that we shall overhaul 
 the Constitution of Virginia, change its provisions, make such ar- 
 rangements in the change of those provisions, as will enable us 
 to carry out this project of reconstructing the State Government. 
 In fact, the project itself is a change of the Constitution of Vir- 
 ginia as to some of its specific laws. 
 
 Well then, shall the simple consideration of the expectation of 
 the United States, and the desire of the Administration indicated 
 in a variety of ways, decide us as between these two plans that are 
 proposed to the members of this Convention? 1 admit. Mr. Presi- 
 dent, that there is some force in the proposition that is made. I 
 admit there is some propriety in the accomplishment of the object 
 which the administration propose to accomplish by the action of 
 this Convention, in accepting the plan proposed and suggested by 
 the committee. I can see that the design is to introduce this same 
 plan in all the border States. The design is, as rapidly as the 
 troops advance to establish a similar government to this proposed 
 in the report of the committee — establish a simple government and 
 call on the local Union men of the Commonwealths in the various 
 States, to rally around the government. I see it will have a mighty 
 moral influence in the border States in which such government shall 
 be established, and also on the States still further South. But then 
 here I ask that the Administration shall not solicit us to do that, 
 while we have local interests embarrassing us of such a character. 
 If we had no complication of interests in this matter, it might be 
 
104 Proceedings and Journals of the Conventions of 
 
 kind, prudent and appropriate, for the Administration to request 
 us indirectly, as it has, to take such action. But, Sir, if this action 
 anticipated is the desired thing — if the effort of this new project 
 upon the border States and the States South of them, is the desira- 
 ble thing, I suggest that Westem Virginia shall be separated from 
 Eastern Virginia, and then that Eastern Virginia, as pressure is 
 removed, shall enter into this enterprise, and establish a provis- 
 ional government, and set the precedent the Administration de- 
 sires this Convention to set. They have no local difficulties press- 
 ing upon them as we have. Let them attend to that matter. And 
 especially is it proper they shall do it, because it will not only not 
 embarrass them in their local interests, but will greatly advantage 
 them. 
 
 I believe the interest of Western Virginia ought to decide 
 as between these two plans, and I think so especially because this 
 whole movement was professedly inaugurated for its benefit. I 
 remember the gentleman from Harrison justly boasted that he 
 was the author of this whole movement, and he defined his. design 
 to he in its inauguration to separate Western from Eastern Vir- 
 ginia. Now, Sir, at that time that Convention which assembled 
 on the 13th of May, did not see proper to make arrangements for 
 the separation. They could not at that time decide upon the 
 proper policy for that purpose. They thought the proper policy 
 was to call together a general Convention. For what purpose? 
 To carry on the original design of the author of the resolutions 
 that had brought them together. If so then, Sir, are we now to turn 
 about and receive and adopt a plan here which will ignore the spe- 
 cial interests of Western Virginia and will tend to the general in- 
 terest of Virginia as a whole? I know, Sir, the anticipations of 
 Western Virginians would be disappointed should we go home to 
 them and they ask us “What plan have you adopted for dividing the 
 State?” And we should throw down to them this plan of the 
 Committee. I know that the constituents I have the honor in part 
 to represent will be seriously disappointed. 
 
 Now, Sir, it seems to me that if we were in earnest, if we were 
 sincere in the original movement we will take such action in the 
 premises in the present Convetnion as will secure a separation of 
 the State. I need not speak here, Sir, of the necessity of that project. 
 I need not speak of the necessity, the dire necessity of separating 
 Westem from Eastern Virginia. Gentlemen here are all fully ac- 
 
the People op Northwestern Virginia in 1861. 105 
 
 -quainted with the history of the case. They all know and appre- 
 ciate that necessity. But I want to know now, Sir, if after having 
 initiated a movement for the purpose of meeting the necessity we 
 are to turn, about and inquire the necessity which all know we 
 have been making preparations to meet. The present plan, it 
 -seems to me, Mr. President, will not meet the exigency. It will not 
 secure the division of this State. 
 
 It is a well known fact, and I need only utter it merely to con- 
 nect my remarks, that the General Government intends to whip in 
 Eastern Virginia. And we all believe it will whip her in. 
 
 Well, now, meanwhile, we set this projection on foot and estab- 
 lish this seat of government of the State of Virginia; and when 
 'Eastern Virginia is whipped in she forms a part, and her citizens 
 will take a hand in this government. The question then will turn 
 upon who is the majority, who is in the minority. The interests of 
 Eastern and Western Virginia are entirely antagonistic. There 
 is an “unnatural connection” between them and us. They will 
 of course keep us down, as they have already done, if it be possi- 
 ble to for the purpose of meeting their little bills. It is very con- 
 venient to have somebody for this purpose. They will burden us 
 .as they always have done. That they have the majority is evident 
 when we remember that all the Southern portion of Western Vir- 
 ginia, considering the Blue Ridge as the line, sympathizes with 
 Eastern Virginia. — Their interests are the same as hers. They lie 
 along the line of Tennessee and Kentucky, connected with Eastern 
 Virginia by railroads. That section of the country is filled up 
 with persons who emigrated from the Eastern part of the State, 
 and their sympathies are all there. Unless we in Western Virginia 
 are a united people, it is impossible for us to carry out this project. 
 1 insist that we shall not enter into a plan to put ourselves at 
 the mercy of Eastern Virginia and our neighbors who symaphtize 
 with her, any more, and I propose therefore that this plan shall 
 proceed just so far, with the understanding that immediately as 
 soon as Congress has taken action on the case, or as soon as the Ad- 
 ministration has recognized this government that is propoed to be 
 set up, a separation shall be made. And I make these remarks, 
 Mr. President, more for the purpose of committing this conven- 
 tion to the design, than for the purpose of objecting to this plan 
 of itself considered. I do not object to the legality of it, or the 
 prinicple upon which it proceeds, or any formal arrangement, ex- 
 cept the verbal one I mentioned. They are all legal as we can get. 
 
106 Proceedings and Journals op the Conventions of 
 
 / 
 
 But I object that no provision has been made, specific and definite,, 
 for the separation of Virginia, Western from Eastern, just as soon 
 as it is possible to do it, and come as near meeting the technicali- 
 ties as the nature of the case will allow. 
 
 In a word, Sir, I deem that the separation of Western Virginia 
 from Eastern is the paramount object in the minds of Western 
 Virginians; and I hope, Sir, indeed I believe, that that is a para- 
 mount object in the minds of a majority of' the members of this 
 convention. What I want is, that they shall explicitly say so, in- 
 form, if they choose ; or, if not then, in the formal documents that 
 are being successively presented by this comimittee ; or they should 
 do it in a specific resolution; or, if not in that way, they should 
 say so in debate. 
 
 Now, Sir, if this government be established as proposed in the 
 report of the committee it will gain an impetus which will urge it 
 forward, and keep urging it forward, and I w T ant to know, Sir,, 
 the specific time at which this government may be arrested to the 
 consideration of this proposition of a separation of Western from 
 Eastern Virginia. I want a specific time, and I want, to say to you. 
 Sir, and to this convention today, that I shall not vote for a single 
 proposition proposed by that committee — a single provision that 
 shall come up before this Convention looking to the establishment 
 of a provisional government, looking to the reconstruction of the 
 government of Virginia, unless I can see clearly that there is a dis- 
 tinct intention in those arrangements to separate Western Virginia 
 from Eastern Virginia; and I think I speak at least for a majority 
 of the delegation of Monongalia in saying that they will not clo 
 so either, unless that ultimatum be secured by some definite action 
 beforehand, or at least as I said before, committing the majority of 
 this Convention in discussion. If such an indication as that- may 
 be made I shall, to use a familiar term, hold up both hands for 
 their ordinance that has been proposed and all that shall here- 
 after be proposed, looking to the accomplishment of that design. 
 
 Mr Van Winkle, of Wood, followed Mr. Dorsey. He took sub- 
 stantially the grounds occupied by Mr. Carlile, in favor of re-or- 
 ganizing a government for the whole State, and in opposition to 
 Mr. Dorsey, who had favored the immediate division of the State. 
 In the course of his remarks he said, however: “I have been long 
 
 convinced, Sir, that every interest of N. W. Virginia demands a 
 separation from the East, and under other circumstances I believe 
 
the People op Northwestern Virginia in 1861. 107 
 
 such a separation ought to be effected in a friendly manner.” But 
 he urged they could not now know where the boundaries of a new 
 State could be run, and he never could consent to go and leave be- 
 hind the people of those loyal counties that were not yet represented 
 here in the Convention. — “Whenever the time comes I am willing 
 to do everything to effect a separation— I admit that everything 
 is in danger, st’ill there is something like a moral obligation, a 
 pledged faith, and I cannot consider it in any other light than that 
 we are bound by this single county of Loudon, and by the other 
 loyal counties now in possession of the secessionists.” 
 
 Mr. Carlile said: “I think, Sir, that a moment’s considera- 
 
 tion will satisfy this Convention that upon this question there is at 
 least no difference of opinion between the advocates of a separation 
 of this State. If I may be allowed, I can claim some credit for 
 my sincerity when I say that it has been an object for which 1 have 
 labored at least since the year 1850. The Convention that met in 
 Richmond in that year and adopted our present State Constitution 
 clearly disclosed, to my mind, the utter incompatibility consistent 
 with the interests of the people of Northwestern Virginia of re- 
 maining in a connection with the Eastern portion of the State. 
 And, Sir, the first favorable opportunity that discovered itself to 
 me for effecting that separation was in the Convention that met in 
 this city in May last. And I appeal to members who are present and 
 who were members of that Convention to say if I did not zealously 
 press that measure. Why did I do it? For the reason which I 
 then stated — for the reason that now prevents me doing it. I then 
 stated that we were still citizens of the United States according 
 to even the theory of the disunionists ; that a separation could be 
 effected then by the provision of the United States Constitution pro- 
 viding for it, but when the 23rd of May came and went the sun had 
 set behind the hills in the evening of that day we would be trans- 
 ferred according to the theory of the secessionists to another and 
 different confederacy, and would be deprived of the Constitution 
 of the United States, and the mode and manner in which a separa- 
 tion could thereafter be effected under the authority of these Seces- 
 sionists by virtue of that transfer could only be by treaty and rec- 
 ognition; that although all Virginia should agree to the separation, 
 yet she would have to obtain the consent of the Southern Confed- 
 eracy expressed in accordance with the Constitution which she had 
 adopted for its government before we could be allowed to transfer 
 
108 Proceedings and -Iocrnals op the Conventions op 
 
 ourselves to what they would then call another, a different and 
 hostile government. I saw difficulties innumerable and insur- 
 mountable if we did not act then. But the wisdom of that body 
 thought otherwise and I gracefully, as I should, bowed to its de- 
 cision. 
 
 Now, Sir, where are we ? I call the attention of my friend from 
 Monongalia, and I tell him if he beats me in this race of separa- 
 tion he will have to be swifter than I think he is. We have no^ 
 legislature now. And mark you it is only by the assent of the 
 legislature a separation can be effected. The people themselves 
 through their representatives assembled cannot assent to a separa- 
 tion. It can only be done as is provided in the Constitution of the 
 United States by the assent of the Legislature of the State. Now, 
 Sir, have we a Legislature? Governor Letcher would say that we 
 have; and its members will be sworn to support the Constitution 
 of the Southern Confederacy. Then you see we can never effect a 
 separation in the manner in which we should have accomplished it. 
 
 Now, Sir, let us pursue the policy laid down in the Declaration, 
 and let us repudiate Letcher and his transfer ; let us assemble a 
 Legislature here, of our own, sworn to support, not the Southern 
 Confederacy Constitution, but that which Washington and Mad- 
 ison formed, the constitution of our fathers, under which we have 
 grown and prospered, as never people grew and prospered be- 
 fore. Let us maintain our position under that tree of liberty, 
 watered by the blood and tears of the patriots of the revolution — 
 planted by them, its roots having taken deep hold and firm hold in 
 the hearts of a great people, and having from a little spot on earth 
 spread from the Atlantic to the Pacific, embracing, I might say, 
 a continent, and spreading its branches of protection over the 
 whole unbounded land. 
 
 Let us organize a Legislature, swearing allegiance to that gov- 
 ernment, and let that Legislature be recognized by the United 
 States Government, as the Legislature of Virginia. 
 
 Then we have still a direct recognition of the protecting care 
 of our ancient government, and then we will effect this separation. 
 But now, with no Legislature recognized as owing allegiance to 
 the Constitution of the United States, we could not do it. But with 
 the Legislature recognized as still the Legislature of the State; 
 with Virginia in the Union; with a Legislature recognized by the 
 Government of the United States and with its assent to our sep- 
 
the People op Northwestern Virginia in 1861. 109 
 
 aration, our way is clear. If the Southern Confederacy dares to 
 interpose, we have the strong arm of that same old government to 
 be thrown around us, and to shelter us from harm. 
 
 Let us then go on as we propose. Let us be recognized as 
 the true and lawful authorities, speaking for and on behalf of the 
 loyal people of the whole State of Virginia. Give us that recogni- 
 tion, and then the separation will come. And I here say that one 
 of the first acts I shall perform, if no one else does it — and I be- 
 lieve it a duty I owe to the people who have honored me with a 
 seat in Congress, will be to obtain from that body a legislative 
 declaration recognizing this Legislature you will assemble here, 
 as the Legislature of the State; and then let my friends, the repre- 
 sentatives, assent to it, and my word for it, we will be the State 
 of New Virginia. 
 
 It is a mere question now, of whether we shall wait until we 
 are solemnly recognized as the true, legal, constitutional represen- 
 tatives of the people of Virginia ; or whether we shall now attempt 
 an impossibility — for every man who will reflect a minute, will 
 know that until rebellion is crushed, no assent will be obtained 
 for our separation from the rebellious portion of this State. 
 
 But, Sir, there is another object which I have at heart. Two 
 great objects influence and govern my actions. The first, I am 
 free to say, the dearest, the highest, and the nearest to my heart, 
 is the perpetuity of the Union. 
 
 Keeping forever undimmed the thirty-four stars that now deck 
 the constellation of our national ensign, adding to them as we have 
 done, star after star — when that is done— when safety and perpe- 
 tuity are again secured to that flag- — then we can consider our 
 own State interests ; then we can consider the interests of our own 
 immediate section of this State; but until then, we owe it to our 
 loyal brothers throughout the length and breadth of this great 
 land to stand by them and aid them in resisting a crime, the great- 
 est that has ever been attempted to be perpetrated on humanity. 
 Let us do this, succeed in this, and we will succeed in all we desire 
 in a very short time. Let us bring peace again to our Loudon, 
 Alexandria and Hampshire friends. Let our brothers over the 
 mountains through our aid and assistance, and that of this great 
 and good government of ours, again see harmony throughout the 
 land; again sit around their hearthstones with their families, and 
 again instill the quiet hours of peace the lessons the Father of 
 
110 Proceedings and Journals of the Conventions of 
 
 his Country has bequeathed to us in his farewell address. Then 
 we may say to them: “We love you still as brothers, but your in- 
 terests and ways and our are diverse. Let this line be drawn be- 
 tween us. We will have two separate and distinct sovereign States, 
 but, brethren, ive will all be American citizens!” 
 
 Mr. Nicholls, of Brooke, succeeded. He favored the plan of the 
 Committee. — Among other things he said: “The people of Brooke 
 feel in relation to a division of the State like my friend from Mo- 
 nongalia. They feel that they have no identity of interest with 
 the eastern part of the State, and have long sought to effect the 
 purpose indicated by that gentleman. But we feel at the same time 
 that owing obligations to the Constitution of the United States as 
 the supreme law of the land, there are steps that cannot be taken 
 at this preliminary stage of the proceedings. We owe constitu- 
 tional obligations to the Federal Government. Where would 
 we of Western Virginia have been to-day but for the 
 protection of the Federal Government. We must con- 
 sider Avhether our acts will contravene the acts of the Fed- 
 eral Government. We cast off our allegiance to the Southern Con- 
 federacy ; we do not care for their protection, but we do care for the 
 protection of the Federal Government, and about sustaining it in 
 its constitutional obligations, and we do know that it cannot ex- 
 tend its arm or afford any protection to us except it treads upon 
 every plank in the Constitution, the great platform of our national 
 liberties. The plan proposed by the committee is the only one 
 which Ave can adopt at this stage of our proceedings, to insure 
 recognition and continued favor with the General Government.” 
 
 Mr. Dorsey wished to explain that he had not favored (as they 
 all seemed to have understood him) a violent and informal separa- 
 tion of the State without any intervention of any preliminaries 
 whatever. lie disclaimed any such purpose, in particulars and in 
 general. I propose to go on with the plan so far as it is necessary 
 to the reassembling of the Legislature, then to propose this matter 
 of dividing the State to that legislature; then submit its action to 
 Congress for ratification, in accordance with the spirit and very 
 letter of the Constitution of the United States. 
 
 Mr. Stuart, of Doddridge, differed in many respects with the 
 gentlemen who had addressed the Convention. ITe thought this 
 talk about the division of the State was rather out of place. We 
 have loyal men from extreme portions of the State who are here 
 
the People of Northwestern Virginia in 1861. Ill 
 
 claiming our protection. He was favorable to a division of the 
 State if it could be done by the agreement and consent of the loyal 
 people of the whole State; but he never would consent to cut loose 
 from our loyal friends in the east who are helping us to aid the 
 Government of the United States. He never wanted to separate 
 from that part of the State that held the remains of Washington 
 and Jefferson. They were here to frame a State •Constitution, and 
 when their brethren in the eastern portion of the State were freed 
 from the rebellious reign of terror they were willing to come into 
 the Government the Convention was assembled here to establish. 
 
 Mr. Crane, of Tucker, in a brief speech assured the Convention 
 that although his people occupied the Southern extreme of North- 
 western Virginia, and from their position the most exposed part 
 of the border, yec be was authorized to say that his people were 
 not only willing to a separation of Western from Eastern Virginia, 
 but they want nothing short of a separation. He was ready, and 
 his constituents were, to go in any direction, in arms or peacefully, 
 for their deliverance from the bondsmen of Eastern Virginia. Nev- 
 ertheless he pledged himself and his constituents to go. along with 
 the movement which was proposed here. It was, he believed, the 
 best that could be inaugurated at this juncture. 
 
 On motion of Mr. Lamb, the Declaration was made the order of 
 the day for 11 o’clock to-morrow and thereafter each day until dis- 
 posed of. 
 
 .Mr. Stuart moved that when the Convention adjourn to-mor- 
 row it be to meet on Tuesday next. Many of the members had 
 come unprepared to stay for a great length of time, and it was 
 necessary for them to go home to make necessary arrangements for 
 a prolonged absence. 
 
 Mr. Lamb objected to the motion on the ground that if the con- 
 vention adjourn till the time named the committees would have to 
 suspend their labors meanwhile. 
 
 Mr Dorsey suggested that the order of the day for next Wednes- 
 day was the ordinance reported this morning by the corn- 
 committee, and if he understood the motion making it the order 
 for Wednesday the object was to give the Convention time and op- 
 portunity to discuss the declaration now before the body, and he 
 thought it would occupy all the time allotted to it. ITe thought it 
 would be improper to adjourn over. 
 
112 Proceedings and Journals op the Conventions op 
 
 The question being taken on the motion to adjourn till Tuesday,, 
 it was rejected. 
 
 On motion, the Convention then adjourned. 
 
 THE FIFTH DAY, 
 
 SATURDAY, JUNE 15, 1861. 
 
 The Convention met at the appointed hour, and was opened with 
 prayer by Rev. S. R. Brockunier. 
 
 The minutes of the preceding day, were read by the Secretary. 
 
 Mr. Van Winkle, of Wood, wished to amend the minutes by cor- 
 recting an expression in the Declaration before' the Convention, as 
 it stood recorded in the journal. The reading “they have attempt- 
 ed to bring the allegiance of the people of the United States, into 
 direct conflict, &c.” — should read “allegiance of the people to the 
 United States, &c.” 
 
 The correction was made. 
 
 Mr. Van Winkle resuming, said objection had been made yes- 
 terday to the phraseology of the concluding portion of the second 
 sentence of the first paragraph of the Declaration. On behalf of 
 the committee, he was authorized to say that they had unani- 
 mously agreed to obviate the objection by striking out the objec- 
 tionable words as follows; “and the existing Constitution does not 
 confer upon the General Assembly, the power to call a convention 
 to alter its provisions, or to change the relations of the Common- 
 wealth, without the previously expressed consent of such 
 majority.” Also to add in the succeeding sentence, after 
 the words “in February last,” the words: “Without the previ- 
 ously expressed consent of such majority.” 
 
 Mr. Carlile, as Chairman of the Committee that had re-reported 
 the Declaration, asked, inasmuch as the report had not yet been 
 acted on, that the corrections be made as alterations, and not as 
 amendments, which was granted, and the journal was corrected 
 accordingly. 
 
 The minutes, as corrected, were then approved. 
 
 Mr. Carlile asked and obtained leave to read a letter, addressed 
 by a. citizen of Kanawha county to a member of the convention.. 
 
the People op Northwestern Virginia in 1861. 113 
 
 The letter gave a very favorable account of the strength of the 
 Union sentiment in that section. 
 
 Mr. Van Winkle moved a reconsideration of the vote yesterday, 
 by which the gentlemen from Loudon was refused a seat in the con- 
 vention. He followed up the motion with some remarks renewing 
 that gentleman’s claims. 
 
 This proposition elicited a discussion in which several gentle- 
 men took part, which was finally cut short by the moving of the 
 previous question. The call for the previous question was sus- 
 tained. The question on suspending the rules to allow the recon- 
 sideration of the vote, being then put, the motion to reconsider 
 was rejected. 
 
 So the Convention still refused to admit the gentleman from 
 Loudon to a seat. 
 
 Mr. Caldwell, of Marshall, asked and obtained leave of absence 
 till Monday. 
 
 Mr. Lamb, Chairman of the Committee on Credentials, then ob- 
 tained permission to say that the Committee having examined the 
 credentials of all the members present, announcecd the fact that no> 
 member had been admitted to a seat on this floor, who did not repre- 
 sent a large and substantial vote of his county. The Committee 
 paid but little attention to mere forms, but they did act on the rule 
 in regard to substantial constituencies. 
 
 The order of the day being the Declaration of the Committee, it 
 was then taken up. 
 
 Mr. Van Winkle moved that the Declaration as altered, be re- 
 printed for the use of the members. Adopted. 
 
 On motion of Mr. Frost, of Jackson, the order of the day was 
 passed by, and made the special order for Monday at eleven o ’clock, 
 and each day thereafter until disposed of. 
 
 Mr. Flesher, of Jackson county, submitted the following resolu- 
 tion, which was appropriately referred. 
 
 Resolved, That all levies or orders made by any county or corporation 
 court in this commonwealth for the purpose of raising money for arm- 
 ing, assisting or supporting the rebel army of this State or the so-called 
 Southern Confederacy is a gross usurpation of power — sapping the very 
 foundations of our liberties, requiring money to be levied from free citi- 
 zens to suppprt the enemies of our government in their acts of cruelty 
 and butchery. , 
 
 Be it, therefore. Ordained, That all such levies or orders shall be null 
 and void and shall not be collected by any of the officers of the Common- 
 wealth. 
 
114 Proceedings and Journals of the Conventions op 
 
 Mr. Flesher said he offered this resolution more especially from 
 having understood that the Jackson County Court had ordered a 
 levy of. $3,000 for the support of the rebel soldiers who have en- 
 listed from that county in the service of the Southern Confederacy. 
 
 On motion, the Convention then adjourned to Monday morning 
 at ten o’clock. 
 
 THE SIXTH DAY, 
 
 MONDAY, JUNE 17, 1861. 
 
 The Convention assembled at the appointed hour. 
 
 The session was opened with prayer by Rev. R. Y. Dodge, of 
 Wheeling. 
 
 The minutes of Saturday were read and approved. 
 
 Mr. IIooton, of Preston, said he deemed it due to the Conven- 
 tion as well as to Dr. Parsons, of Tucker, (now absent) to state 
 that the reason of his absence was that he was confined to his room 
 by indisposition, but that he was now much better and would be 
 in his seat in a few days. 
 
 The hour cf eleven not having yet arrived and there being no 
 business pressing, Mr. Carlile suggested that the order of the day 
 be now taken up. There being no objection the Declaration of 
 Rights, which had been made the order of the day fog eleven, was 
 taken up and the Convention proceeded to its consideration. 
 
 The Declaration was read by the Secretary, after which 
 
 Mr Pierpont, ‘of Marion, said: (The speech of Mr. Pierpont 
 
 here, has been because of its length, inserted in this wrnrk as AP- 
 PENDIX A, following the Journal of the regular session of this 
 Convention — Y. A. L.) 
 
 Mr. Carlile followed in a few remarks, expressing the hope that 
 a vote u r ould be taken at once. 
 
 The question on the adoption of the Declaration w^as then de- 
 manded. 
 
 Mr. Dorsey called for the yeas and nays, which call was sus- 
 tained, with the understanding that members now r absent have an 
 opportunity of recording their votes on their return to the Con- 
 vention. It was further suggested and concurred in, that, the publi- 
 cation of the names be deferred until the full vote of the Conven- 
 tion was obtained. * 
 
the People of Northwestern Virginia in 1861. 115 
 
 Mr. Dorsey subsequently withdrew the call, to make way for a 
 motion to pass the Declaration to its engrossment, prior to its be- 
 ing put upon its final passage. 
 
 The motion prevailed, and it was ordered to be engrossed on 
 parchment. 
 
 The Convention then took a recess until two o’clock. 
 
 I 
 
 AFTERNOON SESSION. 
 
 The Convention re-assembled at the appointed hour. 
 
 Mr. Carlile, from the Committee on Business, reported an ordi- 
 nance for the appointment of State officers, which was read. 
 
 On motion of Chester D. TIubbard, it was ordered to lie on the 
 table, and that the usual number of copies be printed. 
 
 Mr. Frost, of Jackson, moved that the Declaration of Rights be 
 now taken up and put upon its final passage. 
 
 The Declaration was read by the Secretary. 
 
 Mr. Dorsey called for the yeas and nays, with the understanding 
 that as the absentees came in they be allowed to record their votes. 
 
 The yeas and nays on the adoption of the Declaration were then 
 taken, and resulted, yeas fifty-sis, nays none. 
 
 On motion of Mr. Carlile, Thursday next, was fixed as the day 
 for the signing of this Declaration. 
 
 Mr. Carlile remarked that this vote just taken exhibited a happy 
 coincidence, and one that he hailed as an auspicious omen. ‘We 
 have,” he said, “Fifty-six votes recorded in favor of our Declara- 
 tion, and we may remember that there were just fifty-six signers 
 to the Declaration of Independence.” (Great applause and feeling 
 throughout the Hall.) 
 
 The Convention then adjourned. 
 
 THE SEVENTH DAY, 
 
 TUESDAY, JUNE 18, 1861. 
 
 The Convention assembled at ten in the morning, and was opened 
 with prayer by Rev. Wesley Smith. 
 
 The minutes of Monday were read and approved. 
 
 Mr. Parsons, of Tucker, took occasion to explain the cause of 
 
116 Proceedings and Journals op the Conventions op 
 
 his absence, and asked to record his vote in favor of the Declara- 
 tion of Rights passed by the Convention yesterday. A number of 
 gentlemen who had come in since yesterday’s session also came for 
 ward, and without exception cast their votes in its favor, among 
 others, James G. West, of Wetzel county, who first took the oath 
 of office, he having heretofore been detained from attending. 
 
 Mr. Carlile, from the Committee on Business, reported the fol- 
 lowing amendment to the Ordinance for the re-organization of the 
 State Government : In the 36th line to strike out all after the word 
 “appointed,” and insert: “by the Governor, he shall at once fill 
 the vacancy without writ, but if such officer be appointed otherwise 
 than by the Governor, or by election, the writ shall be issued and 
 directed to the other appointing power requiring it to fill the va- 
 cancy. ’ ’ 
 
 The amendment was adopted. 
 
 Mr. Carlile. from tiie Committee on Business, reported the fol- 
 lowing resolution, with a recommendation that it pass: 
 
 Whereas, The great and lesser seals of the Commonwealth are in pos- 
 session of the late Executive of the State, and whereas it is necessary 
 for the dispatch of public business, that seals should be provided, there- 
 fore, 
 
 Resolved, That a committee of five persons be appointed to procure a 
 great and lesser seal for the Commonwealth, that shall correspond with 
 the great and lesser seals, respectively, now in possession of the late Ex- 
 ecutive of the State, with the addition on each seal on obverse and re- 
 verse sides, of these words, “Liberty and Union.” 
 
 The resolution was adopted. 
 
 The following gentlemen were appointed the committee provided 
 for in the resolution : John S. Carlile, of Harrison ; D. D. T. Farns- 
 worth, of Upshur; E. II. Caldwell, of Marshall; H. H. Withers, of 
 Gilmer; Chas. B. Waggener, of Mason. 
 
 Mr. Carlile, from the same Committee, also reported the follow- 
 ing: 
 
 ORDINANCE TO AUTHORIZE THE APPREHENDING OF SUSPICIOUS 
 PERSONS IN TIME OF WAR. 
 
 The People of Virginia, by their Delegates assembled in Convention at 
 Wheeling, do ordain that the Sixth and Seventh Sections of the Seven- 
 teenth chapter of the Code of Virginia be amended and re-enacted to read 
 as follows: 
 
 The Governor may cause to be apprehended and secured, or may com- 
 pel to depart from this State, all suspicious subjects or citizens of any 
 foreign State or power at war with the United States. 
 
 And ivhereas, The Convention at. Richmond have declared the union be- 
 tween the State of Virginia and the other States, under the Constitution 
 of the United States, to be dissolved; and have attempted to transfer the 
 allegiance of the People of this State to an illegal confederacy of rebel- 
 
the People op Northwestern Virginia in 1861. 
 
 117 
 
 lious States, called the Confederate States of America; claiming that the 
 State of Virginia and the said Confederate States are rightfully and in 
 fact foreign States or powers in reference to the United States: Now, 
 therefore, all persons in this Commonwealth adhering to and supporting 
 the said Convention at Richmond, or the said Confederate States: or pro- 
 fessing to owe allegiance or obedience to the same, shall he deemed, (for 
 the purposes of this Ordinance only,) subjects or citizens of a foreign 
 State or power at war with the United States. 
 
 The Governor may send for the person and papers of any such person, 
 within this State, in order to obtain information to enable him to act 
 in such cases. 
 
 Any warrant or order of the Governor under this Ordinance may be 
 directed to any Sheriff or other officer, civil or military, and shall he ex- 
 ecuted according to the'terms thereof by such officer, w'ho shall have all 
 the powers necessary for the purpose, either in or out of his county or 
 corporation. 
 
 2. If the Governor shall have just cause to believe that any persons 
 in this State, claiming to be subjects or citizens of the said Confederate 
 States, or adhering to and supporting the said Convention or the said 
 Confederate States, or professing to owe allegiance or obediencce to the 
 same, are about to assemble together, or have assembled together, for 
 the purpose of drilling or receiving military instruction, or to organize 
 themselves as a military force, or to attempt any military operation, or 
 do any act which may endanger the safety or welfare of the good people 
 of this Commonwealth or any portion, of the same; he may cause such 
 assemblage to be prevented or dispersed, and the persons who may be 
 about to assemble or have assembled as aforesaid, to be apprehended 
 and secured, or may compel them to depart from this .State; and for 
 this purpose he may issue his warrant or order directed to any Sheriff 
 or other officer civil or military, which warrant or order shall be exe- 
 cuted as aforesaid, and any assemblage of two or more persons for any 
 purpose inimical to the government of the United States, or of this State as 
 organized by this Convention, shall be deemed an unlawful assemblage, 
 and ihe persons so offending may be proceeded against and punished as 
 provided in chapter 195 of the Code of Virginia. 
 
 3. If any Sheriff or other person shall transmit or pay any money, 
 or any check, draft, bill, or order, note or certificate for the payment of 
 money, to any officer or other person at Richmond or elsewhere, for the 
 use of the said Confederate States, or of the illegal State Government 
 at Richmond, now waging war against the United States; or shall fur- 
 nish any money, arms, military equipments or ammunitions of war, 
 or other aid or support, to the said Confederate States, or State Govern- 
 ment, or to any miliitary force under the control or direction of the 
 same, or to any person or persons about to join any such military force; 
 the Governor may cause to be apprehended and secured, or may cause 
 to depart from this State, the Sheriff or other person guilty of such 
 offence, and for this purpose may issue his warrant or order and cause 
 the same to be executed as hereinbefore provided. 
 
 4. This Ordinance shall take effect from its passage, and may be 
 altered or repealed by the General Assembly. 
 
 Mr. Flesher, of Jackson, moved that the ordinance be laid on 
 the table, and the usual number printed, which motion was 
 adopted. 
 
 Mr. Carlile, from the same Committee, reported another ordi- 
 nance as follows : 
 
118 Proceedings and Journals op the Conventions op 
 
 AN ORDINANCE FIXING THE COMPENSATION OF CERTAIN 
 OFFICERS THEREIN MENTIONED. 
 
 1. The People of Virginia, hy their Delegates assembled in Conven- 
 tion at Wheeling, do ordain that the compensation of the several officers 
 herein mentioned shall be as follows: 
 
 Of the Governor, at the rate of three thousand dollars per annum; 
 
 Of the Secretary of the Commonwealth, at the rate of fifteen hundred 
 dollars per annum; 
 
 Of the Auditor of Public Accounts, at the rate of two thousand dol- 
 lars per annum; 
 
 Of the Treasurer, at the rate of fifteen hundred dollars per annum; 
 
 Of the President of the Senate, the Speaker of the House of Dele- 
 gates, and the President of this Convention, eight dollars to each for 
 every day’s attendance; 
 
 Of the other members of the Senate, House of Delegates, and of this 
 Convention, four dollars to each one for every day’s attendance; but 
 no person shall receive compensation for the same day both as a mem- 
 ber -of this Convention and of the Legislature; 
 
 Of the Secretary of this Convention, eight dollars for each day’s at- 
 tendance, out of which he is to pay his assistant; 
 
 Of the Sergeant-at-Arms attending this Convention, and the Sergeant- 
 at-Arms for the Legislature, four dollars for each day’s attendance; 
 and one dollar and fifty cents per day for each door keeper and police 
 officer employed, and fifty cents per day for each of the pages. 
 
 2. The Secretary of the Commonwealth, Auditor of Public Accounts 
 and Treasurer, shall once at least in every quarter, submit to the Gov- 
 ernor their seiseral accounts for office expenses, including printing, sta- 
 tionery, blank books, fuel and other things necessary for the transac- 
 tion of their official business; which accounts when approved by the 
 Governor, and such approval certified in writing, shall be allowed and 
 paid. All expenses incurred by the Governor in transaction of his offi- 
 cial business shall be submitted to the Auditor of Public Accounts, in 
 the same manner as other claims against the State. 
 
 3. The members of the. Senate and House of Delegates shall be al- 
 lowed mileage at the rate of ten cents for every mile of necessary 
 travel, to be computed by the nearest and most direct route from their 
 several residences to the city of Wheeling. 
 
 4. This Ordinance shall take effect from its passage, and may be 
 altered or repealed by the General Assembly. 
 
 On motion of Mr. Niciiolls, of Brooke, the ordinance was ordered 
 to be laid on the table and printed. 
 
 Mr. Farnsworth, of Upshur, offered the following resolution : 
 
 Resolved, That one of the great objects of this Convention reorgan- 
 izing the State Government, is that we may place the same in a posi- 
 tion of legality to the United States, in order that we may soon be able 
 by Constitutional legislation to separate ourselves from our oppressors 
 in Eastern Virginia and be admitted a new and separate State in the 
 glorious union of States. 
 
 Mr. Farnsworth explained that his object in introducing this 
 resolution was to show to the people by an authorized expression of 
 the Convention that it intended to take such steps as would create a 
 new State, and to show the object in taking the steps the Conven- 
 tion was now taking. 
 
 Mr. Caldwell thought the resolution a proper one and that it 
 
the People of Northwestern Virginia in 1861. 
 
 119 
 
 was at once a courtesy and due to the Federal Government that 
 something like this indicated in this resolution should be commu- 
 nicated to the President of the United Status and his Cabinet, as 
 an expression of the views and intentions of this Convention. 
 
 Mr. Frost moved the reference of the resolution to the Commit- 
 tee on Business. He had no objection to the resolution or the spirit 
 of it. It seemed to him that every step yet taken contemplated the 
 separation of the State. 
 
 Mr. Dorsey said it was well known that he had been advocating 
 this new State movement as earnestly as he knew how, but after 
 mature consideration of the subject, and after having had several 
 resolutions like the one under consideration submitted to his con- 
 sideration in private, he had come to the conclusion that it would 
 be exceedingly inappropriate for this Convention at the present 
 time in the present stage of its proceedings to pass such a resolu- 
 tion, since ‘ ‘ by doing so we are anticipating, ’ ’ said he, ‘ ‘ the future 
 action of the Legislature of Virginia, as well as of this Convention. 
 This is not the proper time to make a proposition or a division of 
 the State. We have all agreed upon that matter in private conver- 
 sation, and the public discussion that have been had upon this sub- 
 ject. It does seem to me that if we desire a division of the State, 
 the proper method to be pursued would be to proceed with the 
 business now in hand, and when the State government is fully or- 
 ganized, then such propositions as this may be submitted. 'This 
 announcement may seem to be incongruous with my former posi- 
 tion. I think, however, the plan I jiroposecl looked to just such an 
 arrangement. After deliberating on the course I proposed my- 
 self, and. that proposed by this resolution, I have thought it would 
 be exceedingly imprudent to urge this matter at the present time. 
 I hope my friend from Upshur will see proper to withdraw that 
 resolution. Tie knows that I am an unyielding advocate for the 
 division of the State, and I assure him, as I assure the Convention, 
 that I shall not be satisfied as an individual, until that shall be 
 accomplished. ’ ’ 
 
 Mr. Nicholls, of Brooke, said that he understood the object of 
 the resolution to be to give to our constituents at home, some evi- 
 dence of the tone of the sentiment of this Convention, touching this 
 question of a division of the State. He thought the remarks made 
 in the discussion on that very subject, and which had gone forth 
 in the public prints, ought to give abundant assurance to them of 
 
120 Proceedings and Journals op the Conventions op 
 
 what the sentiment here was npon that subject . He agreed with 
 his friend from Monongalia, that the Convention should not at this 
 time take any hasty steps, touching that matter. Still, if the gen- 
 tleman from Upshur shpuld persist, he would favor the reference of 
 the resolution to the proper committee, that they might deliberately 
 weigh it, and report before they take any action on the resolution. 
 
 Mr Carltle supposed his friend from Upshur urns not present 
 the other day when this matter was discussed on the proposition 
 of the gentleman from Monongalia. ‘ ‘ So far as I know, we all agree 
 udth him in desiring a division of the State, but how is it to be 
 done ? It can be done only by virtue of a provision of the Constitu- 
 tution of the U. S., and how can that be had now? That provision 
 makes it necessary for us to obtain the assent of the Legislature 
 of the State, and where is the Legislature, recognized as such, 
 that can give its assent? It is no longer under the protection, or 
 entitled to the provision, of the Constitution of the United States. 
 It is now out of our power to effect a separation, if every man, wo- 
 man and child in the State should give their consent. There is no 
 Legislature yet that acknowledges its fealty to the Constitution of 
 the United States. Therefore, what we desire is simply an impossi- 
 bility at this time. If it be our purpose to divide the State at some 
 future time — and it certainly is my purpose — we are taking the 
 only course in which it can be accomplished. Once get the govern- 
 ment which we propose to organize here acknowledged by the Fed- 
 eral Government as the government of Virginia, and then you 
 have a Legislature that can constitutionally assent to this separa- 
 tion. Now you have it not. Even if the Legislature that acknowl- 
 edges its allegiance to the Southern Confederacy were to give its 
 assent it would not be worth a piece of blank paper. The soil and 
 people of Virginia are to all intents and purposes, so far as her 
 State authorities are concerned, transferred to the Confederate 
 States, and that so-called Confederacy can only consent to the 
 transferrence of any portion of the soil of that so-called Confeder- 
 acy, to a power with whom they can treat. Now, Sir, the Federal 
 Government and the loyal people of Virginia do not acknowledge 
 that transfer. This rebellion must be crushed out, or it must be 
 successful, and a treaty had between it and the United States, ac- 
 knowledging its independence, before they can enter into any treaty. 
 
 But the method we are pursuing is the easiest, the only practi- 
 cable mode by which the objects we have at heart can ever be ac- 
 
the People ob' Northwestern Virginia in 1861. 121 
 
 complisbed, and such declarations as are contained in this resolu- 
 tion, do nothing in the world but throw obstacles and embarrass- 
 ments in the way of accomplishing this separation. 
 
 The great question now foremost in the minds of all is the pres- 
 ervation of our Union and the perpetuity of the Federal Govern- 
 ment.. So long as our efforts are directed to this we have the sym- 
 pathy of the twenty millions of loyal people who sympathize with 
 us. Therefore it being impossible to accomplish our object now, 
 a persistence must tend only to array against us an influence 
 against our recognition of the Government. 
 
 And, Sir, where is the great bulk of the bonds of this $49,000.- 
 000 of public debt? It is held in the great centre of capital, New 
 York. If the holders were to suppose that a recognition of us, as 
 a separate State, would diminish their securities, possibly their 
 interests might come in conflict with their patriotism, and we would 
 have the influence of this lobby at 'Washington against our recog- 
 nition. Now, Sir, let us from this time forward say nothing more 
 upon this subject. Let us wait until we are recognized as part and 
 parcel of the United States, and as the lawful authorities of Vir- 
 ginia. 
 
 I regret that we have to postpone this subject of a separation 
 for an hour, but high above all else, is the perpetuity of the Union. 
 What would a separation be worth — what would an admission as a 
 new State into the Union be worth, if that Union should hereafter 
 be destroyed? Let us then direct all our energies solely at this 
 hour, more especially to preserving and maintaining the govern- 
 ment. ’ ’ ^ 
 
 Mr. Van Winkle said the public expectation in the Western 
 counties had been turned to this Convention, as if its only business 
 were to separate Eastern from Western Virginia. It had been the 
 predominant expectation up to, and even since, the assembling of* 
 the Convention. “But, we come here, and we find that it is neces- 
 sary for us to take an entire different course of action. That course 
 we are progressing with. There can be no doubt as to the propriety 
 of re-organizing a government for the whole State. I saw and 
 spoke of the difficulties in the way of a division of the State, from 
 our geographical position and other circumstances — as [you] gen- 
 tlemen will remember. But is it not due to the constituents of 
 many of the members, that there should be some authorized, expre%- 
 sion by the Convention on this subject, exhibiting the reasons that 
 
122 Proceedings and Journals of the Conventions of 
 
 induced us to abandon a course which, it was supposed, we were 
 about to adopt, and to explain to them that their representatives, 
 have yielded to a necessity in postponing their views ? In my opin- 
 ion, if it had been practicable, for other reasons, to have made the 
 separation, there is nothing in all this constitutional provision 
 to have hindered us for a moment. ’ ’ 
 
 Mr. Carlile said if their constituents at home should see by the 
 discussions in this body, the reasons that have influenced their rep- 
 resentatives to postpone their wishes, then they would be satisfied 
 with the same reasons that satisfied their representatives. He was 
 sure he had no constituents more anxious for the time to arrive 
 for a separation than he was. "When they should see the .gentle- 
 man from Monongalia representing a county where the vote was 
 taken on this subject, and which gave 801 votes in favor of a di- 
 vision of the State, and coming from a constituency representing 
 such views — when they see him yielding to the necessity which all 
 feel, will not they be satisfied without an official report from a com- 
 mittee of this body ? 
 
 Mr. Burdett had no objection to the resolution. “The world 
 knows we are looking ulteriorly to a division of this State. — Wall 
 street will know it despite all your efforts to cover it up. The lobby 
 interest will be in Washington just the same, and you will have to 
 fight that anyhow.” He did not think that any serious obstacle 
 would then be thrown in the way. He did object, however, to the 
 reporting of every little resolution reported here, to the President 
 of the United States. He and his cabinet had enough more im- 
 portant business to#engross them. A better plan would be, at the 
 conclusion of the labors of this Convention, to send them a copy 
 of its journals. 
 
 Mr. Carlile suggested that if this resolution was to be pressed, 
 a special committee should be raised, and that it be referred to 
 them. 
 
 Mr. Frost said the object of the resolution was simply to get an 
 official expression from the Convention. He knew the people ex- 
 pected some authoritative expression of the opinions and views of 
 this Convention. The course of the Convention, however, a recon- 
 struction of the State government, was the only practical move- 
 ment that could be made in the premises. He would withdraw his 
 potion, and move that a special committee of five be raised, to 
 whom the resolution should be referred. He suggested that the 
 
the People op Northwestern Virginia in 1861. 
 
 123 
 
 committee thus raised should prepare an address to the people of 
 Virginia. 
 
 Mr. Carlile said, that as they were now assuming to act for the 
 Union men of the whole State, those men in many parts of the State 
 would be embarrassed by such action, as we are here proposing, 
 looking to a separation from them. The argument would be em- 
 ployed against them, that they were acknowledging the authority 
 of a State government which looked to the dismemberment of the 
 State. 
 
 Mr. Frost said he was not in favor of a separation of the State, 
 unless it were necessary. He hoped they might never be driven to 
 that result. 
 
 Mr. Dorsey, of Monongalia, moved that the resolution lie upon 
 the table. He withdrew the motion, however, to make way for his 
 colleague, Mr. Snider, who obtained leave to read the following 
 resolution ; 
 
 Resolved, That tlie geographical position and business and social re- 
 lations of Western Virginia, are such, that her vital interests demand a 
 division of the State; that the proper time to make such demand will be 
 when Virginia has a legally constituted Legislature; and that then we 
 will use our utmost endeavors to consummate that division. 
 
 Mr. Snider declared that he was uncompromisingly for a division 
 of the State, and nineteen-twentieths of the constituency he rep- 
 resented were equally so. 
 
 Mr. Barns, of Marion, also read a resolution (it being out of 
 order to submit it,) as follows: 
 
 Resolved, That it is inexpedient at this time to take into consideration 
 the subject of a division of the State. 
 
 Mr. Hubbard said that the case before the people of the North- 
 west, was no longer one of choice, or even preference, but had be- 
 come a matter of duty. “AVe are not here to create a State, but to 
 save one ; not here to create a government, but to help save a gov- 
 ernment. Let us go forward in the great work, and not higgle about 
 what our taxes will be hereafter, or questions of that character. 
 Let us save this government, let us save Virginia, and then save 
 the Union ; for the banner we are lifting up here, will be the banner 
 for the salvation of the country. As the arms of the government 
 go forward and rescue our State from revolution, w; must save 
 what they gain. I hope we shall say nothing more now about the 
 division of the State ; our first and highest object is to perpetuate 
 the Union and the government, and the next to rescue and save 
 ALrginia. If we find in the future that we cannot remain in the 
 
124 Proceedings and Journals op the Conventions op 
 
 State, and that we can do better to separate, I shall be as willing 
 as any other man. I believe this movement will not stop with Vir- 
 ginia, but will spread all over the seceded States, as they are de- 
 livered from the military despotism that now rules them. Let us 
 not fall short of our duty in this hour or hesitate in the course 
 which is before us, as true men. Let us go forward as Virginia 
 in the Union.” 
 
 Mr. Nicholls followed in some remarks. He said when they had 
 come to discuss grave constitutional cpiestions which cover this 
 whole subject of separation, they saw that at this time — there was 
 no member of the Cenvention but what saw — that there is a con- 
 stitutional barrier in the way of this Convetnion meeting the first 
 wish of their people for a separation of the State. That question 
 was settled in the minds of the members of this Convention. When 
 the Government shall have been rescued from anarchy and destruc- 
 tion, perhaps the causes of which they complained in the East, might 
 be removed, and the necessity for the separation have disappeared. 
 
 Mr. Farnsworth said that in offering the resolutions he merely 
 wanted the people to know by some expression of the Convention 
 that we were in earnest, when we said to them before we left our 
 homes that we would go for a division of the State at the proper 
 time. ‘ 1 1 know it is out of their power to understand the will of the 
 Convention as we understand it without an expression of some 
 kind. The resolution does not contemplate for a moment to create 
 a new State at this time, but only to let the people know why it is 
 that we are re-organizing the State government for the whole State 
 — and Mr. President, if we are afraid to show our hands to the 
 people we represent, our cause must be a poor one.” Nevertheless 
 he would withdraw the resolution as he found serious objection was 
 made to it. 
 
 Mr. Vance, of Harrison, hoped he would not withdraw it. His 
 people, he said, were in favor of an immediate division of the State. 
 They had sent him there to assist in accomplishing that purpose. 
 But they did not all understand how it was to be done. Some 
 thought the Convention could do it; but it could not be done with- 
 out the consent of the Legislature. When the Legislature should 
 meet it was his desire, and that of his constituents, to divide the 
 State, and he would then use every effort to accomplish what they 
 desire. He hoped the motion to lie on the table would be voted 
 down, and the resolution would take the direction indicated by 
 the gentleman from Jackson. 
 
the People op Northwestern Virginia in 1861. 125 
 
 Mr. Tarr regretted very much to see the course the debate had 
 taken. The first inquiry should be, have we a State Government? 
 “If not, let us first procure the endorsement of the Federal Govern- 
 ment and then provide the ways and means for a division of the 
 State. Many gentlemen who have seats here, represent counties ly- 
 ing along the borders of Maryland, which are very desirous of be- 
 ing connected with Western Virginia. Perhaps in the division of 
 the State we will secure the counties bordering on Maryland. It 
 may be that we should attach ourselves to the State of Maryland. 
 We all know that our territory is small — that the taxes that may 
 be collected from it will be barely sufficient to cover our ordinary 
 expenses. If we should add to this the portion of the State debt 
 which we would be bound in fairness to pay, it will make our taxes 
 burdensome. — But, Sir, I have reason to know that the Federal Gov- 
 ernment is entirely opposed to any division of the State, and I think 
 there is no gentleman on the floor of this Convention who can as- 
 sure me from any authority whatever, that the Federal Government 
 will recognize any division at all. — Are we so strong that we shall 
 dictate our terms to the Federal Government? • Or must we not 
 rather act in obedience to their wishes. And I submit to my friends 
 who are in favor of this precipitate action, that this motion now be 
 laid on the table; but before that proposition is submitted to a 
 vote, I move, for the purpose of having some opportunity to can- 
 vass this question, that the Convention take a recess till two 
 o’clock.” 
 
 Mr. Carlile — “Will my friend from Brooke withdraw the 
 motion for a recess for a moment?” 
 
 Mr. Tarr— ‘ ‘ Certainly. ’ ’ 
 
 Mr. Carlile then announced that the Convention had been in- 
 vited to visit the soldiers and officers at Bellaire, and witness a dress 
 parade, during the evening, and that Mr. Ford, the Agent of the 
 B. & O. R. R., had kindly provided a special train for their accom- 
 modation, and that, as the train would start at half past three, he 
 suggested that the Convention, when it adjourn, should adjourn 
 till to-morrow. 
 
 Mr. Carlile continued: “.In relation to this thing of dividing, I 
 find that even I, who first started the little stone down the moun- 
 tain, have now to apply the rubbers to other gentlemen who have 
 outrun me in the race, to check their impetuosity. Those who know 
 what I have done in behalf of this movement, and would do now, 
 if practicable, know that it is from no lack of sympathy with their 
 
126 Proceedings and Journals op the Conventions of 
 
 desire, that I am now drawing the brakes. I believe I know the 
 people of Harrison county, and of all the counties of Northwestern 
 Virginia, for in some capacity I have served them nearly all, ex- 
 cept these Panhandle counties — and they know just as well as 
 we do, and have probably found it out a little in advance of us, 
 that at this time a division of the State cannot be effected, for the 
 reason which they see in the Constitution of the United States, 
 that it is only through it, and by virtue of its provisions, that a di- 
 vision can be had. They know another thing, too, that a separation 
 is worth nothing without the perpetuity of the Government to 
 which we desire to attach ourselves, and that they must first ad- 
 dress themselves to maintaining the Government.” 
 
 Mr. Vance: “We are perfectly aware, and so are the people, 
 
 that the first object is to maintain the government and secure its 
 perpetuity; but the resolution does not contemplate that the State 
 be divided unil that be accomplished. What we want is to show 
 that this is the ulterior object.” 
 
 Mr. Carlile: “I do not think it necessary to declare that I am 
 of the same opinion that I was thirty, or sixty, or ninety days ago. 
 When I change my views on this subject, then I shall take occasion 
 to announce them in the proper way. But why, at this time, when 
 we are surrounded by most embarrassing circumstances, add to our 
 embarrassments? Why create obstacles? Why build up barriers 
 that may not come in our way if we but take proper time for ac- 
 tion? The truth should always be spoken when we speak at all. 
 But the whole truth should not always be spoken. There are times 
 when men should keep their mouths closed. What if we do contem- 
 plate a division of the State, would it forward that object to pro- 
 mulgate the declaration in a special and author at ive manner? 
 
 In an hour like this when the question is: Shall we save the 
 State ; when we are particularly helpless to save it ourselves ; when 
 the very Government itself has by this rebellion been bankrupted; 
 when it is engaged in this death struggle to maintain its own exist- 
 ence, and when we have come here to aid, if we can, this effort of 
 the Government in this struggle, — why .should we now be discussing 
 that which is utterly impossible and which more belongs to days of 
 peace than to the hours of war? That is the question to put to 
 ourselves. If we could divide the State to-day, who would desire 
 to do so under existing circumstances. In a short time the power 
 of this Government may be established. Then we may be acknowl- 
 
the People of Northwestern Virginia in 1861. 
 
 127 
 
 edged as the Government of Virginia; then we can provide for that 
 which is essential to our interest. If peace is to be banished for 
 long years from our borders, what does it matter whether we are 
 separated from the East or not ? 'Separation is to, enable us to pro- 
 mote our interests in time of peace. Separation in time of war 
 amounts to nothing. 
 
 There is no man within the limits of this State that is more 
 thoroughly convinced than I am and have been for long years, of 
 the necessity of this separation. There is no power on earth that 
 can prevent it. But it cannot take place now, and we are but em- 
 barrassing our movements, which must first be addressed to the 
 perpetuity of the government and the maintenance of our free in- 
 stitutions before we can act on what is and must be a secondary 
 consideration. I do trust this discussion which has occupied so 
 much of our time wall be allowed to wait till the time comes for 
 action.— ‘ Sufficient unto the day is the evil thereof.’ 
 
 And now, Sir, with a Southern army advancing upon us in two 
 columns, we know not how soon we may have to close our doors 
 and discussions here, and seek safety elsewhere ; when we are striv- 
 ing now to resist this attempt at transferring us to a rebellious gov- 
 ernment. shall we be distracted with issues of secondary import- 
 ance, as all must admit this question of a separation to be at this 
 hour?” 
 
 The question “Shall the main question be put?” having been 
 decided in the affirmative the main question “Shall the resolution 
 lie on the table?” was then put. 
 
 Mr. Vance demanded the yeas and nays. The question being 
 then taken by yeas and nays resulted as fQllows: 
 
 Yeas: — Jno. H. Atkinson. Jno. S. Barns, J. .T. Brown. George W. Broski, 
 H. W. Brothers, Win. L. Crawford, Jno. S. Carlile, W. B. Crane, J. T. 
 Close, James Carskadon. W. H. Copley, D. B. Dorsey, 0. D. Downey, James 
 P. Ferrell, A. Flesher, S. S. Fleming, K T. Graham, P. M. Hale, George 
 Harrison, C. D. Hubbard, H. Hagans, Charles Hooton, Jno. Howard, Jno. 
 Hawxhurst, T. H. Bogan, Daniel Lamb, J. A. J. Lightburn, John Love, 
 Henry S. Martin, E. E. Mason, Thos. Morris, Jno. D. Nieholls, Henry New- 
 man, Geo. McC. Porter, D. Polsley, J. W. Paxton, S. S. Parsons. A. F. 
 Ritchie, T. A. Roberts, J F. Scott, Remembrance Swan, B. F. Shuttle- 
 worth, Campbell Tarr. .T. H. Trout, P. G. Van Winkle, .Tames G. West, 
 H. H. Withers, Jas. W. Williamson, W. B. Zinn, Mr. President, (A. I. 
 Boreman) — 51. 
 
 Nays: — Wm. J. Boreman, Ralph L. Berkshire, Jno. S. Burdett. W. W. 
 Brumfield, E. H. Caldwell, W. H. Douglass, James Evans, D. D. T. Farns- 
 worth, Richard Fast, Daniel Frost, Leroy Kramer, Reuben Martin, Wm. 
 Price, C. W. Smith, J. H. Shuttleworth, Jos. Snider, Jno. C. Vance — 17. 
 
 Absent: — Lot Bowen, James I, Barrick, Samuel Crane, L. E. Davidson. 
 John J. Davis, Jas. A. Foley, Jos. Gist. Albert Laidley, John W. Moss, 
 
128 Proceedings and Journals op the Conventions op 
 
 Jno. Michael, F. H. Pierpont, fra. Ratcliffe, Fontain Smith, J. L. Smith, 
 Chapman J. Stuart, Nath. F. Taft, S. B. Todd, Lewis Wetzel, And. Wilson, 
 C. B. Waggener, Jas. O. Watson, Jas. A. Williamson — 21. 
 
 So the resolution was laid on the table. 
 
 George Harrison, of Ohio, offered the following resolutions 
 which were unanimously adopted: 
 
 Whereas, It has pleased the God of Nations and of Battles, in His in- 
 scrutable wisdom, ,to remove from our midst in these our days of peril 
 and trial, the distinguished Senator of Illinois, Stephen A. Douglas, 
 whose patriotic devotion and principles have endeared his memory to 
 our hearts, and whose loss we deplore and regard as a national calam- 
 ity. Be it, therefore, by the people of Virginia, in solemn Convention 
 assembled: 
 
 Resolved, That this Convention has heard with feelings of the deep- 
 est sorrow and regret of the recent demise of the patriotic and distin- 
 guished Senator of Illinois, Stephen A. Douglas — a man who, when our 
 present unhappy troubles commenced, regardless of party predilections, 
 stood among the first and foremost in defence of the laws and Constitu- 
 tion of this great Union, thereby still further gaining our love and ad- 
 miration. 
 
 2. That we sincerely sympathize with the widow and children of the 
 deceased Senator under their severe affliction, and as a testimonial of 
 our regard and esteem, that these resolutions be entered on the minutes 
 of the proceedings, and a copy, signed by the President and Secretary 
 of this Convention, be forwarded to the family. 
 
 On motion, the Convention then adjourned. 
 
 THE EIGHTH DAY. 
 
 WEDNESDAY, JUNE 19, 1861. 
 
 The Convention assembled at the usual hour, and was opened 
 with prayer by Rev. J. T. McLure of this city. 
 
 The minutes of the preceding day were read and adopted. 
 
 The reports of Committees were called for. There being none to 
 offer, 
 
 Mr. Caldwell, of Marshall, suggested that as there were several 
 members present this morning who had been absent at the time 
 the vote was taken on the Declaration or Rights, an opportunity 
 be afforded them to record their votes. 
 
 The several gentlemen referred to announced their votes without 
 exception in favor of the adoption of the Declaration. 
 
 Mr. Yance, of Harrison, arose to a privileged question. He de- 
 sired to call the attention of the Convention to the character of the 
 report of yesterday’s proceedings of this Convention in the Intelli- 
 gencer of this morning. The report in some portions was meager 
 
the People op Northwestern Virginia in 1861. 129 
 
 and unsatisfactory. If the reporter attempts to report anything 
 here he should report it correctly or not a.t all. They would find 
 in the report that the remarks made by gentlemen in favor of the 
 motion offered by the gentleman from Upshur, but partially and 
 incorrectly reported. On the other hand, the remarks of the gentle- 
 men who spoke in opposition to the adoption of the motion are re- 
 ported fully and correctly. This was calculated to leave a wrong 
 impression on the minds of those who rdad the printed report, and 
 were not present in the Convention. This was a species of partial- 
 ity which should not be exhibited by any reporter; and, if this 
 partiality was to be shown here and in this way the sooner the. peo- 
 ple know it the better. Prom the remarks of gentlemen as reported 
 it would seem that the members advocating the resolution were at- 
 tempting to embarrass the Convention, and the report does not re- 
 lieve them from that imputation. 
 
 ‘ ‘ I now say to the reporter, that he will either report me correctly 
 or not at all. I do not particularly desire to he reported. I did not 
 come here to make speeches, but for the good of my people ; hut I 
 do hope hereafter that if he attempts to report anything at all he 
 will report it correctly. 
 
 I would just say that the gentleman from Upshur gave many very 
 good reasons in support of his resolution, and they were not no- 
 ticed at all. Speeches of certain gentlemen were not noticed at all, 
 while those of others were given almost word for word .” 6 
 
 Mr. Carlile asked that the order of the day be taken up. 
 
 The order of the day, being the Ordinance for the Eeorganization 
 of the State government, was taken up. 
 
 Mr. Carlile wished to amend the third section by striking out in 
 
 6. To this criticism of Mr. Vance, Mr. Archibald W. Campbell made editorial 
 reply, as follows : 
 
 “Mr. Vance, of Harrison, yesterday called the attention of the Convention to the 
 fact that the debates, as reported in the Intelligencer were not full ; and, as he 
 said, were partial. He made the point against us that those who were opposed to 
 Mr. Farnsworth’s resolution, or rather those who were in favor of laying it on the 
 table were reported much more at length than those who were not. 
 
 Mr. Vance is probably under the impression that we are publishing an official 
 report of the debates, under pay from the Convention. If so. we beg to undeceive 
 him. We are under no obligations to publish a word of the debates. Our reports 
 are our private enterprise, undertaken at our own suggestion, and at our own ex- 
 pense. We are at liberty just to publish or omit as we please, or condense or ab- 
 breviate just as our space compels us. We publish our reports as full as we can, 
 and -where we cannot, we make that which is valuable and interesting take preced- 
 ence over that which is not. It is simply a physical impossibility for us to publish 
 verbatim reports, though w* usually take them verbatim. We, therefore, con- 
 tent ourselves with such a summary as will be most interesting to the public, and 
 afford them the best information of what transpires. 
 
 On the point concerning Mr. Farnsworth's resolution, we have this to say: If 
 
 we had consulted our own desires, we should just have reversed the fullness of our 
 report, for we were very sorry to see that resolution go to the table, being well 
 persuaded that it ought to have gone to a special committee, as was desired, by the 
 mover. • 
 
 With these remarks, we trust that we have satisfied the criticism of Mr. Vance.” 
 
130 Proceedings and Journals of the Conventions of 
 
 the sentence beginning in the eleventh line, after the word 1 ‘ offices, ’ ’ 
 the word “for” and insert, “from the passage of this ordinance un- 
 til the end of.” 
 
 The amendment was concurred in. 
 
 Mr. Caldwell moved that the ordinance be taken np and voted 
 on section by section which was agreed to. 
 
 The Secretary read the first section. 
 
 Mr. Yan Winkle moved to amend the section, by inserting in 
 the third line, after the word “office,” the words “for six months 
 or;” and by adding, at the end of the section the words “and the 
 General Assembly is hereby required to provide by law for the 
 election of Governor and Lieutenant Governor, by the people, as 
 soon as in their judgment such election can be properly held. ’ ’ 
 
 The amendments were concurred in, and the section passed. 
 
 The second section was read. 
 
 Mr. JIooton enquired if any provision for the compensation of 
 the members of the Council created by this section, was made. He 
 moved that the word “five” before the word “members;” be strick- 
 en out in the first line of the section, and the word “three” in- 
 serted instead. 
 
 Mr. Carlile hoped the gentleman would withdraw that motion. 
 He thought five none too many, and hoped dollars and cents would 
 not be allowed to deprive the governor of assistance so much need- 
 ed. He continued at some length, to urge the necessity of retaining 
 that number. 
 
 Mr. Hooton consented to withdraw his motion. 
 
 Mr. Burdett moved that the section be amended by provid- 
 ing “that such council ex officio shall constitute a board of public 
 works.” He subsequently withdrew the motion at the request of 
 other members. 
 
 The second section was then passed, and the third section read. 
 
 Mr, Frost moved to recur to the first section and amend it by 
 inserting the words “Attorney-General,” after the words Lieu- 
 tenant Governor. The amendment was agreed to and the section 
 was so amended, also the amendment in which the same words 
 occur. 
 
 Mr. Yan Winkle inquired what would be the effect of adopt- 
 ing these amendments in this manner. Had they not better re- 
 solve themselves into a committee of the whole, in order that 
 
the People ob 1 Northwestern Virginia in 1861. 
 
 131 
 
 after all the amendments were adopted, the whole ordinance as 
 snch could he adopted. 
 
 The Chair stated if they proceeded to amend each section by 
 general consent, as they were doing, without adopting them sep- 
 arately, the vote could then, when the amendments were com- 
 pleted, be taken on it as a whole. 
 
 The Secretary re-read the third section, and there being no 
 amendments proposed it was passed and the fourth was read. 
 
 Mr. Crawford, of Hancock, moved to strike out in the 20th line 
 the word “volunteers” and insert the words “officers and privates 
 of volunteer companies.” 
 
 The amendment was concurred in. 
 
 Mr. West moved to amend by adding after the word “duties” 
 in the 22d line the words, “provided, however, that any person 
 having voted for the ordinance of secession shall be ineligible to 
 hold any post of office or honor, public or private, civil or mili- 
 tary, in this State during the existence of hostilities by the seced- 
 ing States against the general government of the United States of 
 America. ’ ’ 
 
 Mr. Lamb objected to the amendment.. 
 
 A lengthy discussion followed, Mr. West and his colleague, Mr. 
 Martin, advocating the proposition, and Messrs. Carlile, Plesher, 
 Pierpont, Berkshire, Johnson of Preston, Eoberts and others op- 
 posing. 
 
 The previous question was finally called by Mr. Vance. 
 
 The main question, being on the adoption of the amendment of 
 Mr. West, having been ordered to be put. 
 
 Mr. West demanded the yeas and nays. The demand was sus- 
 tained, and the yeas and nays being taken resulted as follows: 
 
 Yeas: — Messrs. Brumfield, Close, Douglas, Harrison, Hawxhurst, Reu- 
 ben Martin, Mason, C. W. Smith, West, and Jas. W. Williamson — 10. 
 
 Nays: — Messrs. Atkinson. W. J. Boreman, Bowen, Barns. Berkshire, 
 Brown, Burdett, Broski, Barrick, Crothers, Crawford, Carlile, W. B. 
 Crane, S. Crane, Caldwell. Carskadon, Copley, Dorsey, Davidson, Downey, 
 Evans, Ferrell, Farnsworth, Flesher, Fast, Frost, Fleming, Graham, Hale, 
 Hubbard, Hagans, Hooton, Howard, Johnson, Kramer, Logan, Lamb, 
 Lightburn. Love, H. S. Martin, Moss, Morris, Nicholls, Newman, Porter, 
 Pierpont. Polsley, Price, Paxton, Parsons, Ritchie, Roberts, F. Smith, J. 
 H. Shuttleworth, Scott. Snider, Swan, B. F. Shuttleworth, Tarr, Trout, 
 Yance, Van Winkle, Withers, Wetzel, Wilson, Waggener, Zinn, Mr. Presi- 
 dent, (A. I Boreman) — 60. 
 
 Absent: — Messrs. Davis, Foley, Gist, Laidley, Michael, Ratcliffe, J. L. 
 Smith, Stuart, Taft, Todd, Watson, and Jas. A. Williamson— 12. 
 
 So the amendment was rejected. 
 
132 Proceedings and Journals of the Conventions of 
 
 Mr. Caldwell made a proposition to amend the 20th line of 
 the same section, but afterwards withdrew it. 
 
 The 5th section was read. 
 
 Mr. Boreman, of Tyler, proposed to insert, in the 30th line, 
 after the word “do,” the words “or adhere to the Convention as- 
 sembled at Richmond on the 13th of February, 1861, by the former 
 Executive of this Commonwealth. ’ ’ He, however, after an extended 
 discussion, in which a strong opposition was elicited, withdrew the 
 amendment. 
 
 The question upon the adoption of the entire ordinance, as. 
 amended, was then ordered. 
 
 Mr. Lamb called for the yeas and nays, but afterwards with- 
 drew the call. 
 
 Mr. Crane, of Tucker, wished to inquire if it had been ascer- 
 tained that the Federal Government would sustain the action the 
 Couvention was taking. He did not propose to shrink from his 
 part, but merely wished to suggest the inquiry. 
 
 After a good deal of general discussion as to the propriety of 
 taking the vote before an adjournment, and as to filling the blank 
 in the ordinance naming the time at which the Legislature should 
 be convened, the Chair having stated that the vote could be taken 
 and the blank filled afterwards, the question on the adoption of 
 the ordinance as a whole was taken by yeas and nays, and resulted 
 as follows: 
 
 Yeas: — Messrs. Atkinson, Boreman, Bowen, Barns, Berkshire, Brown, 
 Burdett, Brumfield, Broski, Barricb, Crothers, Crawford, Carlile, WL B. 
 Crane, S. Crane, Close, Caldwell, Carskadon, Copley, Dorsey, Douglas, 
 Davidson, Downey. Evans, Ferrell, Farnsworth, Fast, Flesher, Fleming, 
 Frost, Graham, Hale, Harrison, Hagans, Hooton, Howard, Hawxhurst, 
 Johnson, Kramer, Lamb, Lightlmrn, I.ove, Henry S. Martin, Reuben Mar- 
 tin, Logan, Moss, Mason, Morris, Nicholls, Newman, Porter, Pierpont, 
 Polsley, Price. Paxton, Pa.rsons, Ritchie, Roberts, Fontain Smith. C. W. 
 Smith, J. H. Shuttleworth. Scott, Snider, Swan, B. F. Shuttleworth, Tarr, 
 Trout. Van Winkle. West, Withers, Wetzel, Jas. W. Williamson, Wilson, 
 Waggoner, Zinn, Mr. President, (A. I. Boreman). — -76. 
 
 Nays: — None. 
 
 Absent: — -Messrs. Davis, Foley, Gist, Hubbard, Laidley, Michael, Rat- 
 cliffe, J. L. Smith, Stuart, Taft, Todd, Vance, Watson and James A. Wil- 
 liamson — 14. 
 
 The Chair stated that those now absent could have an oppor- 
 tunity of recording their vote at any time when they might come 
 
 in. 
 
 The Convention then took a recess until 3 o’clock, P. M. 
 
THE PECtrLE OP NORTHWESTERN VIRGINIA IN 1861. 133 
 
 AFTERNOON SESSION. 
 
 The Convention re-assembled at three. 
 
 Mr. Moss asked to have his name recorded in favor of the 
 Ordinance adopted in the morning session. 
 
 Mr. Vance moved to proceed at once to the election of Gover- 
 nor, the Convention being now authorized to take that step. 
 
 Mr. Carlile suggested that the blank in the ordinance should 
 first be filled. ITe proposed to fill it by inserting the “1st day of 
 July next,” which was agreed to. 
 
 Mr. Vance renewed his motion, and supported it with some 
 remarks. 
 
 Mr. Carlile suggested to-morrow at eleven o’clock as affording 
 a little time for considering so important a matter. 
 
 Mr. Evans reminded him that to-morrow at that hour was the 
 time set apart for the signing of the Declaration of Rights. He 
 moved to ajmend by substituting to-morrow at 2 o’cclock, which 
 was finally agreed to. 
 
 Mr. Porter offered the following: 
 
 Resolved, That we recommend the immediate organization of volun- 
 teer companies in every county represented in this Convention, to sup- 
 port the State Government as organized by this Convention. 
 
 The resolution was, after some discussion, put upon its passage, 
 and was adopted. 
 
 On motion of Mr. Carlile, the second ordinance, to authorize 
 the apprehending of suspicious persons, &c., was taken up, and 
 the first, second, third, fourth and fifth sections passed, after cor- 
 recting a few typographical errors. 
 
 Mr. Hubbard, of Ohio, asked to have his vote recorded in favor 
 of the adoption of the first ordinance, having been absent at the 
 time the vote was taken. 
 
 The sixth section was read. 
 
 Mr. Harrison, of Ohio, moved to recur to the fifth section, and 
 amend by inserting in the 18th line, after the word “same,” the 
 words, “or refusing to ackonwledge the acts of this Convention 
 as legal.” 
 
 The proposition provoked a good deal of discussion, and the cpies- 
 tion being taken on it, it was rejected. 
 
 Mr. Dorsey then moved to amend the sixth section by adding 
 the words “and if such person be an officer of this Common- 
 wealth, his office shall be declared vacant, and shall be filled ac- 
 cording to the law in that case made and provided.” 
 
134 Proceedings and Journals op the Conventions op 
 
 The proposition was discussed at considerable length; the ques- 
 tion was taken on its adoption, and it was rejected. 
 
 Mr. Van Winkle offered the following amendment to the same 
 section, and it was agreed to: To insert in the 34th line, after the 
 word ‘‘secure,” the words “for trial as for misdemeanor.” 
 
 Mr. Johnson,. of Wetzel, moved that the same 'words be inserted 
 in the first line of the first section after the word “secured,'” but 
 afterwards withdrew' the motion. 
 
 Mr. Carlile with the concurrence of the committee, proposed 
 this additional section which was adopted: 
 
 Sec. 7. “That the powers vested in the Governor by this or- 
 dinance shall only be exercised upon satisfactory evidence and 
 with the concurrence of a majority of his council.” 
 
 The question having called on the adoption of the entire ordi- 
 nance, 
 
 Mr. Vance denied the power of the Convetnion to pass such an 
 ordinance. He did not want to make such a star chamber of this 
 Convention as had been done at Bichmond. It was a matter that 
 belonged entirely to the Legislature, and should be left for its 
 action. If this Convention was to do all the legislating for the 
 State there was no need of a Legislature at all. 
 
 Mr. Lamb said, in reply to the objections of the gentleman from 
 Harrison, that by the action of the May Convention, the people 
 had authorized this Convention “to devise such measures and take 
 such action” as the safety and welfare of the people they repre- 
 sent might demand. That was their authority, and they all knew 
 that the exigencies of the times did demand that they should take 
 this action. 
 
 Mr. Burdett remarked that in revolutionary times like these, 
 they eould not and must not be bound down to the strict letter of 
 laws and constitutions. For his part, he meant to take his part 
 of the responsibility. 
 
 The yeas and nays having been demanded, the question on 
 the adoption of the ordinance was then taken, and resulted as 
 follows : 
 
 Yeas: — Messrs Atkinson W. J. Boreman, Bowen, Barns, Berkshire, 
 Brown, Burdett, Broski, Barrick, Brumfield, Crawford, Carlile; W. B. 
 Crane, S, Crane, Close, Caldwell, Carskadon, Copley, Dorsey, Davidson, 
 Douglass, Downey, Evans, Ferrell, Farnsworth, Flesher, Fast, Fleming, 
 Frost, Gist, Graham, Hale, Harrison, Hubbard, Hagans, Hooton, Howard, 
 Hawxhurst. Johnson, Kramer, Logan, Lamb, Lightburn, Love, R. Martin, 
 H. S Martin, Moss, Mason, Morris, Newman, Porter, Pierpont, Polsley, 
 
this People op Northwestern Virginia in 1861. 
 
 135 
 
 Price, Paxton, Ritchie, Roberts, F. Smith, C. W. Smith, J. H. Shuttle- 
 worth, Scott, Snider, J. L. Smith, Swan, Stuart, B. F. Shuttleworth, Trout, 
 Van Winkle, Withers, West, Wetzel, Wilson, Waggener, and Zinn — 74. 
 
 Nays: — Messrs. Vance, J. W. W'illiamson, Mr. President, (A. I. Bore- 
 man) — 3. 
 
 Absent: — Messrs. Orothers, Davis, Foley, Michael, Nicholls, Parsons, 
 Ratcliffe, Taft, Tarr, Todd and Watson — II. 
 
 Mr. Polsley moved to reconsider the vote by which the first 
 ordinance had been adopted, for the purpose of offering a substi- 
 tute for the fourth section; which substitute he read as follows: 
 
 “All officers except members of the Legislature, elected on the 
 23d of May, 1861, now in the service of the State, or of any coun- 
 ty, city, or town thereof, including the Judges and Clerks of the 
 several courts, Sheriffs, Commissi oners of the Revenue, Justices 
 of the Peace, Constables, officers of city and municipal corpora- 
 tions, and the officers of the militia volunteer companies of the 
 State, not mustered into the service of the United States, shall be 
 
 vacated on or after the day of , or so soon thereafter as 
 
 their successors shall be elected or appointed, and qualified; and 
 the Governor, Lieut. Governor, Attorney-General and members of 
 the Legislature, and all the aforesaid officers, and all other officers 
 civil or military, hereafter to be elected or appointed, as well as 
 privates of volunteer companies, shall each take the following 
 oath or affirmation, before proceeding to the discharge of their 
 several duties.” 
 
 This motion was opposed strongly by Messrs. Carlile, Pierpont, 
 Lightburn and others, and after a good deal of debate, Mr. Pols- 
 ley withdrew it. 
 
 At the suggestion of Mr. Carlile, the names of Albert Laidley 
 and James D. Williamson were stricken from the roll. — the 
 former having declined to take the oath and returned home for 
 instructions, and the latter not having made his appearance, and 
 hence as Mr. Carlile explained, neither being at present members 
 of the Convention properly on the list of names. 
 
 On motion, the Convention adjourned. 
 
 THE NINTH DAY. 
 
 THURSDAY, JUNE 20, 1861. 
 
 The Convention met at the usual hour and was opened with 
 prayer by Rev. David Hervey. 
 
136 Proceedings and Journals of the Conventions of 
 
 The minutes of the preceding day were read and approved. 
 
 James O. Watson, of Marion, who was in the Convention for 
 the first time, came forward and took the oath of office. 
 
 Mr. Lamb offered the following resolution which was adopted: 
 
 Resolved, That the Secretary of this Convention he instructed to pro- 
 cure a suitable book for th^ recording of the Ordinances of this Con- 
 vention, the record to be equivalent to the enrollment of said Ordinance. 
 
 Mr. Carlile offered the following as additional to the resolu- 
 tion submitted by Mr. Lamb, which was adopted: 
 
 Resolved, That all Ordinances passed by this Convention shall be re- 
 committed to the Committee on Business, for revision and correction 
 and when reported back to the Conventions as revised and corrected, 
 they shall be recorded as provided in the foregoing resolution. 
 
 Mr. Dorsey offered the following: 
 
 Resolved, That the Committee on Business, be and are hereby in- 
 structed to report to the Convention, an Ordinance declaring vacant the 
 offices of all office holders in the Commonwealth, who voted for the Ordi- 
 nance of Secession passed by the Richmond Convention, which assembled 
 on the 13th of February last. 
 
 Mr. Crane, of Tucker, moved to amend the resolution by strik- 
 ing out the word “report,” and inserting “enquire into the ex- 
 pediency of reporting.” 
 
 Mr. Dorsey accepted the amendment but subsequently with- 
 drew the acceptance. 
 
 Mr. Crane insisted on the amendment. 
 
 Mr. Lame arose to a privileged question. He presented the 
 credentials of Henry C. Moore and Duncan M’Laughlin, repre- 
 sentatives from Webster county. On his motion the credentials 
 were referred to the Committee on Credentials. 
 
 Mr. Crane then proceeded to support his amendtment in some 
 remarks. He thought the resolution would not touch many of the 
 cases arrived at, if the resolution merely instructed the committee 
 to vacate the offices of those who voted for the ordinance. There 
 were many persons who did not vote for the ordinance of seces- 
 sion, who now held offices, and were yet secessionists of the worst 
 stamp, and for these men the resolution did not provide. He 
 thought it would be better to wait a short time, when peace might 
 be restored, and the secession forces now terrorizing over the peo- 
 ple, driven out of the country, than to take this kind of action 
 now. He thought the resolution looked a little vindictive. In 
 his county, and he doubted not elsewhere, many strong Union men 
 ivere compelled to A r ote for the ordinance, who were now as heart- 
 ily in favor of supporting this movement here and the United 
 
the People op Northwestern Virginia in 1861 . 
 
 137 
 
 States Government as any member on this floor, and as soon as 
 they could be relieved from the presence of the secession soldiery 
 they would make that support effective. This resolution would 
 not be just he thought, to these men. He hoped the Convention 
 would simply authorize the committee to enquire into the expe- 
 diency of declaring' the offices of such persons vacant. 
 
 Mr. Dorsey said the resolution was intended to meet a case 
 not met by any of the ordinances yet adopted. There might be 
 many who voted for the ordinance of secessinon that would be 
 willing to take the oath prescribed in one of the ordinances of 
 this Convention, but for his part he would not be willing to take 
 the oath of any of them. He denied that such were sound Union 
 men. If they had been they would not have signed the ordinance. 
 They were not as good Union men as he was; for he would not 
 have voted for that ordinance at the point of the sword and bay- 
 onet. If they had been good Union men they would not have 
 even looked sideways at that ordinance. As to the objection that 
 the resolution did not provide for all the cases that needed cor- 
 rection, he thought that no reason why they should not provide 
 for any of them. He believed that those who would be left in 
 office, unless this resolution or its equivalent should be adopted, 
 would give them a great deal of trouble. He wanted the offices 
 to be in the hands of good Union men whom they could trust, so 
 there would be no danger of having the authority exercised 
 against the new State government in times of war. 
 
 Mr. {West said he felt proud that he had the honor to inaugu- 
 rate this move in a resolution he had offered yesterday, although 
 that resolution was then voted down and although the gentle- 
 man who now offered this resolution, was one of those who 
 opposed its adoption, yet he was not prepared now to make 
 any distinction between his proposition and the one now made. 
 The only difference between the two propositions was, that this 
 one was more stringent than his own — and stringency was the 
 ground on which objection to it had been founded. His resolu- 
 tion only provided that such parties as were therein named, should 
 be debarred from holding office during hostilities. — This one made 
 that provision without limitation. He would vote for the gentle- 
 man’s resolution in any shape, though it be ever so stringent. He 
 was glad to see that since yesterday there were indications that 
 the Convention was waking up to the importance of arresting 
 
.138 Proceedings and Journals oe trie Conventions op 
 
 those parties who had given evidence of their disloyalty to the 
 United States Government and the Government of Virginia now 
 being re-organized here. For his part, he would shoulder the re- 
 sponsibility of such a course. He in part represented a people 
 who it had been proclaimed in Richmond as a disunion people. 
 He wanted to restore the reputation of that people, and relieve 
 them from the false and odious charge. He would stand up for 
 the people, who had sent him here, if he should have to die for it, 
 and he intended the world to know that Wetzel county was not re- 
 presented in this Convention by Leonard S. Hall. (Applause — 
 suppressed by the Chair.) 
 
 He came here under the threat that he would lose his scalp if 
 he did so. He hadn’t lost it yet, and did not feel very much ter- 
 rified about the probability of doing so. — In his county, which gave 
 a Union majority of 700 against the ordinance of secession, all 
 the officers were secessionists.. — They held all the machinery of 
 the county government, and used their prerogative for the pur- 
 pose of annoying and insulting loyal citizens. He insisted that 
 such a condition of things ought to be corrected. He wanted the 
 gentleman to urge the adoption of the resolution, and be would 
 support him in doing so. 
 
 The hour of eleven having arrived, 
 
 Mr. Carlile demanded the order of the day be taken up. 
 
 Mr. Crane moved to suspend the rule in order to postpone the 
 special order until half past eleven. The motion was lost, and 
 the order of the day being the signing of the Declaration of 
 Rights, it was taken up. 
 
 Mr. Van .Winkle then offered the following resolution: 
 
 Kesolved, That the mode of signing the Declaration shall he as fol- 
 lows: It shall first he signed hy the President in his place, and then hy 
 
 the members of the Convention in the order of their Counties as re- 
 ported hy the Committee on Credentials. The Secretary shall call the 
 name first of the Senator, then of the Delegate or Delegates to the Gen- 
 eral Assembly and then of the Delegates to the Convention from each 
 county. The person called shall then advance to the table sign his 
 name and return to his seat — all the other members of the Convention 
 remaining seated until their names are called. 
 
 Tbe resolution was adopted. 
 
 The Declaration, engrossed on parchment was then brought for- 
 ward and was signed by all the members present — eighty-three — 
 in accordance with the resolution. 
 
 The Chair stated that the members now absent could have an 
 opportunity of signing it on their return. On motion of Mr. 
 
the People oe Northwestern Virginia in 1861. 139 
 
 Van Winkle, tlie Secretary was then instructed, after all the mem- 
 bers shall have signed the declaration, to certify to the signing, 
 and affix his own signature. 
 
 The Convention then took a recess until two o’clock. 
 
 AFTERNOON SESSION. 
 
 Convenetion re-assembled at 2 o’clock P. M. 
 
 Mr. Flesher, of Jackson, obtained leave to read the following 
 paragraph from the Virginia Chronicle, a paper published in his 
 county, relating to the fact which he stated a day or two since 
 when he submitted his resolution, that the Court of that county 
 had voted $3,000 to be raised by a levy to support Secession sol- 
 diery. 
 
 THE STATE LEVY. 
 
 If there is anything in all the acts of the Secessionists of the 
 county which is calculated more than another to arouse the in- 
 dignation of the people it is the infamous act of last Monday, 
 perpetrated by the Secession Magistrates of Jackson county. 
 The Magistrates, certainly without due consideration, voted to 
 tax the people of Jackson county $3000 for the support of Se- 
 cession soldiers and their families. 
 
 Mr. Turner, Prosecuting Attorney, sanctioned the act, and 
 said the Court was bound by every consideration of loyalty and 
 duty to do it. 
 
 He had read the paragraph, he said, with a view of calling the 
 attention of the Committee to the subject. Certainly, something 
 ought to be done to prevent such levies. 
 
 Mr. Lamb, from the Committee on Credentials, reported that 
 the Committee had examined the credentials of Henry C. Moore, 
 and find him the duly accredited delegate from the election dis- 
 trict comprising Webster and part of Nicholas and Braxton coun- 
 ties. He moved that Mr. Moore’s name be entered on the roll. 
 It was done, and that gentleman came forward and took the oath 
 of office. 
 
 The Chair stated that the first business before the Convention, 
 was the election of a Governor, Lieutenant-Governor, Attorney- 
 General and Council, as provided in one of the ordinances adopted. 7 
 
 7. On ,the evening of June 19th, the members of the Convention held a caucus, 
 with closed doors, at their room in the Custom House, and unanimously nominated 
 Francis H. Pierpont of Marion county, as their candidate for Governor ; Daniel 
 Polsley of Mason county, for Lieutenant-Governor ; James S. Wheat of Ohio county, 
 for Attorney-General ; and for members of the Council of State, William Lazier of 
 Monongalia county ; Daniel Lamb and James W. Paxton of Ohio county ; Peter G. 
 Van Winkle, of Wood county ; and William A. Harrison, of Harrison county. The 
 election of these o Ulcers the next day — June 20th — was therefore, but a mere mat- 
 ter of form. See the Daily Intelligencer of Wheeling, June 20, 1861. 
 
140 Proceedings and Journals of the Conventions op 
 
 Mr. Lamb — “I desire, Mr. President, to present to tiie Conven- 
 tion for the office of Governor, the name of Francis H. Pierpont, 
 of Marion. Mr. Pierpont needs no eulogium at my hands. He is 
 well known to all of us. He is known throughout this country as 
 having been one of the ablest, the most decided and indefatiga- 
 ble advocates of our cause from the very start. — We all know that 
 heart and soul he is with us. 
 
 Should it be the pleasure of the Convention to elect Mr. Pier- 
 pont, I trust we will all recollect that we, too, have a duty to per- 
 form in this matter. It will be necessary for us to secure, if it be 
 possible, the hearty and united co-operation of the people in the 
 support of our Governor. All may depend upon this; the execu- 
 tion of every measure which we here initiate, may depend upon 
 the prompt, efficient and decided support which we may be able 
 to secure from the people to the acts of that officer. 
 
 It is necessary that we should rise to the magnitude of the .oc- 
 casion. We are at war. There is war in the midst of us — war all 
 around us; and the measures which were sufficient to secure our 
 quiet and tranquillity in times of peace, will not answer in the 
 great exigencies that are upon us. This movement here — this 
 great movement for the support of the Union — may become, in- 
 stead of a success, a by-word and a reproach, unless' we are prepar- 
 ed not merely to elect a man to the office of Governor, but to give 
 him a decided and efficient support when he occupies the office.” 
 
 There being no more nominations offered, the roll was called, 
 and after the result was ascertained the President announced that 
 Mr. Pierpont received seventy-seven votes (all that were present,) 
 and was therefore elected Governor of the State of Virginia. (Ap- 
 plause.) 
 
 Mr. Carlile said that as it was desirable that the officers to be 
 elected should take the oath of office at once, the committee to 
 whom was entrusted the revision of the ordinance containing that 
 oath had thought proper to present it at this time that, as re- 
 vised, it might be acted on by the Convention. He read it as fol- 
 lows : 
 
 OATH OF OFFICE. 
 
 I solemiy swear (or affirm) that I will support the Constitution of 
 the United States and the laws made in pursuance thereof, as the su- 
 preme law of the land anything in the Constitution and Laws of the 
 State of Virginia or In the Ordinances of the Convention which assem- 
 bled in Richmond on the 13th day of February last, to the contrary 
 
the People op Northwestern Virginia in 1861. 
 
 141 
 
 notwithstanding, and that I will uphold and defend the Government 
 of Virginia as vindicated and restored by the Convention which as- 
 sembled in Wheeling on the 11th day of June, 1861. 
 
 The revision was accepted by the Convention. 
 
 The Chair stated that the nest business in order was the elec- 
 tion of a Lieutenant-Governor. 
 
 Mr. Moss. — “I rise for the purpose of nominating before this 
 Convention for the office of Lieutenant-Governor, the name of 
 Daniel Polsley, of Mason. 
 
 Mr. Polsley is so well known to most of the members of 
 this Convention that it would be a work of supererogation if I 
 were to pronounce before this body an extended eulogy on his 
 private character and his qualifications for this important posi- 
 tion. Those who are acquainted with Mr. Polsley know him to 
 be a gentleman of courteous manner, of high intelligence, of sound 
 sterling judgment, and of strong practical common sense. Such 
 qualifications, Sir, as I advert to certainly should not be disregard- 
 ed by this Convention. 
 
 In addition to that I would say that Mr. Polsley has never been 
 in public life; that he has never been what we call a politician; 
 and therefore, Sir, is not conversant with the tricks and wiles of 
 that class of public men. In my judgment, Sir, this is an addi- 
 tional reason why his claims to this office should meet with the 
 favorable consideration of this Convention. 
 
 Upon all the great questions of the day, Sir, Mr. Polsley is 
 firm and uncompromising; and, Sir, I know his character will 
 justify me in saying, come weal or come woe, he will ever be 
 found in the front rank fighting for the Constitution and the 
 Union.” 
 
 The roll was called and the result having been ascertained, the 
 President announced that Daniel Polsley had received seventy- 
 six votes, and was therefore elected Lieutenant-Governor of the 
 State of Virginia. 
 
 Mr. Dorsey moved that the election of Attorney-General be 
 postponed until Saturday next. 
 
 Mr. Caldwell objected. He said it was well understood that 
 Col. Jas. S. Wheat of this city, was a candidate before the Conven- 
 tion. For his part he was prepared to give that gentleman a hearty 
 support. 
 
 Mr. Dorsey explained that it was at the request of the friends 
 of that gentleman he had made the motion. 
 
142 Proceedings and Journals oe the Conventions op 
 
 Mr. Lamb said lie felt assured he could convince the gentleman 
 from Marshall that there were good and proper reasons for post- 
 ponement. 
 
 The election for Attorney- General was postponed. 
 
 The Chair : The next business is the election of a Council to the 
 Governor. 
 
 Mr. Dorsey: “I nominate for that position P. G. Yan Winkle, 
 of Wood; Wm. A. Harrison, of Harrison; Wm. Lazier, of Mo- 
 nongalia, and Daniel Lamb and James W. Paxton, of Ohio. 
 
 I need utter no eulogy on these gentlemen. They are all well 
 known to this Convention as calm, clear-headed, judicious men; 
 just such men as we want in this position. ’ ’ 
 
 The roll was called, and Mr. Yan Winkle received 73 votes; Mr. 
 Lamb, 73; Mr. Harrison, 72; Mr. Lazier, 73; Mr. Paxton, 70; 
 E. H. Caldwell, of Marshall, 1 ; and Andrew Wilson, of 
 Ohio, s 2. 
 
 8. BEGINNING OF THE RESTORED GOVERNMENT — MEETING OP THE GEN- 
 ERAL ASSEMBLY THEREUNDER. 
 
 With the election of the Governor, Lieutenant-Governor, and the members of 
 the Council of State, the Executive branch of the new Sltate Government, was; 
 fajrly inaugurated. At five o’clock that evening, the new State officials, together 
 with nearly all the members of the Convention, crossed over to “Camp Carlile” 
 on Wheeling Island, where they were received by six hundred soldiers on dress 
 parade, under the command of Captain George R. Latham. Two cannons were 
 fired in quick succession, the echoes of which fairly shook the neighboring hills 
 on both sides of the Ohio river. Governor Pierpont appointed Nathan Wilkin- 
 son, Auditor of Public Accounts ; and Samuel P. Hildreth, Treasurer of the Com- 
 monwealth. Six days previously — June 22d — he had issued a proclamation con- 
 vening the General Assembly in extra session at Wheeling on the 1st day of 
 July, 3 861. In accordance with this, that body convened on tha,t date, and was in 
 session until the 26th of that month. Eleven Senators were present, and forty-nine 
 members of the House of Delegates representing forty-eight counties were in at- 
 tendance. Daniel Polsley, Lieutenant-Governor, and ex-officio President of the 
 Senate, presided over the deliberations of that body, in which William W. Lewis 
 was clerk ; Jesse S. Wheat, Sergeant-at-Arms ; D. V. Thorp, Door-keeper, and 
 Alexander Campbell, page. In the House of Delegates, Daniel Frost of Jackson 
 County was elected Speaker. Gibson Lamb Cranmer was elected Clerk ; Evans 
 D. Fogle, Sergeant-at-Arms. James O. Hawley, First Door-keeper ; and James 
 Musgrive, Second Door-keeper. 
 
 At 7 :00 P M on the evening of the first day, both branches received the mes- 
 sage of Governor Pierpont and fi\e thousand copies were ordered printed. In 
 this the Governor said : 
 
 “I regret that I cannot congratulate 3 'ou on the peace and prosperity \of the) 
 country, in the manner which has been customary with Executives, both State 
 and Federal. For the present, those happy days which as a nation, we have so 
 long enjoyed, and that prosperity which has smiled upon us, as upon no other 
 nation, are departed. We are passing through a period of gloom and darkness 
 in our Country s hisitory. but ve must not despair. There is a just God who 
 ‘rides upon the whirlwind and directs the storm.’ Let us look to Him with 
 abiding confidence. You have met, gentlemen, in the midst of Civil War, but 
 
 I trust you may yet be assembled under happier auspices, when the strife shall be 
 over and peace and prosperity be restored to this once happy country.” 
 
 Accompanying this message were his correspondence with President Lincoln, 
 together with letters received by him from Simon Cameron, Secretary of War* 
 and Caleb B. Smith, Secretary of the Interior, all showing recognition of the 
 movement to restore Civil Government to Western Virginia. 
 
 On July 9th, the Election of State Officers was the joint order of the day. 
 For Secretary of the Commonwealth, William B. Zinn nominated Lucian A. Hagans 
 of Preston County: John W. Moss nominated George Loomis of Wood County; 
 L. E. Davidson nominated Ellery R. Hall, of Taylor County. Hagans was elected 
 
 0D / 0 ll r e Auditor * 1 of Public Accounts, Samuel Crane and Nathan Wilkinson were placed 
 in nomination. Crane was elected on the first ballot. 
 
the People op Northwestern Virginia in 1861. 
 
 143 
 
 The Chair announcced the election of Messrs. Van Winkle, 
 Lamb, Harrison, Lazier and Paxton as members of the Council to 
 the Governor of Virginia. 
 
 The Chair announcced the next business in order as being the 
 resolution of the gentleman from Monongalia, and the question 
 on its adoption. 
 
 Mr. Carlile wished to postpone for the present the considera- 
 tion of the. resolution He moved that the Governor-elect be in- 
 formed of his election at once; and if convenient the oath be now 
 administered to him. It was important that he should be in- 
 stalled in office, A proclamation ought to go forth in the* morn- 
 ing’s paper if practicable, providing for a special election for the 
 Senatorial Districts, and House of Delegates in those counties 
 where vacancies exist, and a special messenger be sent to those 
 counties. 
 
 The suggestion was adopted, and Messrs. Carlile and Lamb, 
 were appointed a Cotmmittee to notify Mr. Pierpont of his 
 election. 
 
 The Committee retired, and after a time, returned, accompanied 
 by the Governor, whose appearance was greeted with a round 
 of applause, which was joined in by the outsiders. 
 
 He ascended the Speaker’s stand, and, after being introduced 
 by the President, spoke as follows : 
 
 For Treasurer of the Commonwealth, Fontain Smith nominated Campbell Tarr 
 of Brooke County : James H. Trout nominated Samuel P. Hildreth, of Ohio County. 
 Tarr was elected on the first ballot. 
 
 Another joint order for the same day was the Election of United States Sena- 
 tors. At 2 rOO P M. the Assembly proceeded by joint ballot to elect a succes- 
 sor to R. M. T. Hunter. U. S. Senator from Virginia, who resigned his seat in. that 
 tody, and John S. Carlile of Harrison County, was elected without opposition. 
 Then followed the election of a successor to fill the unexpired term of James M. 
 Mason, who iiko Hunter, had resigned his seat after Virginia adopted the Ordi- 
 nance of Secession. H. W. Crothers nominated Daniel Lamb, or Ohio County; 
 Lewis Rnffner nominated Peter G. Van Winkle, of Wood County ; and Leroy 
 Kramer nominated Waitman T. Willey, of Monongalia County. Willey was elected 
 on the first ballot. 
 
 On July 21 th the Committee to examine the bonds of pubstc officers, reported 
 that Samuel Crane, Auditor of Public Accounts, had executed a bond July 9, 1861, 
 for $20,000.00, conditioned according to law, with Chapman J. Stuart, of Dodd- 
 ridge County. James Burley, of Marshall County, and Wm. Ratcliffe, of Wayne 
 County, as securities therein, which had been approved by the Governor. That 
 Campbell Tarr, Treasurer of the Commonwealth, had executed a bond July 10, 
 1861 in the penalty of $R0, 000.00 conditioned according ,to law, with Wm. T. 
 Hammcnd Nathaniel Wells and Joseph Applegate, as securities therein, which 
 had not as yet been -approved by the Governor. That Lucian A. Hagans, Secretary 
 of the Commonwealth 1 had executed a bond, dated July 12, for $6,000.00. condi- 
 tioned according to law, with Harrison Hagans, Wm. Hagans and Wm. Frey, as 
 securities therein and approved by the Governor. 
 
 Thus was completed the organization of the Restored Government of Virginia, 
 its origin and its operation form the most remarkable chapter in. the) history of 
 the governments of the individual American States. With the General Assembly 
 adjourned it remained for the Second Convention of the People of Northwestern 
 Virginia to re-assemble in Adjourned Session, and prepare the way for the division 
 of the State and the formation of West Virginia.— V. A. L. 
 
144 Proceedings and Journals of the Conventions op 
 
 SPEECH OP THE GOVERNOR-ELECT. 
 
 “Gentlemen of the Convention: 
 
 I return to you my sincere thanks for this mark of your con- 
 fidence in placing me in the most critical and trying position in 
 which any man could be placed at the present time. 
 
 This day and this event mark a period in the history of con- 
 stitutional liberty. They mark a period in American history. 
 For more than three-quarters of a century our government has 
 proceeded, in all the States and in all the territories, upon which 
 our fathers erected it — namely: upon the intelligence of the 
 people; and that in the people resides all power, and that from 
 them all power must emanate. 
 
 A new doctrine has been introduced by those who are at the 
 head of the revolution in our Southern States — that the people 
 are not the source of all power. Those promulgating this doc- 
 trine have tided to divide the people into two classes; one they 
 call the laboring class, the other the capital class. They have 
 for several years been industriously propagating the idea that the 
 capital of the country ought to represent the legislation of the 
 country, and guide it and direct it; maintaining that it is dan- 
 gerous for the labor of the country to enter into the legislation 
 of the country. This, gentlemen, is the principle that has char- 
 acterized the revolution that has been inaugurated in the South; 
 they maintain that those who are to have the privilege of vot- 
 ing ought to be of the educated class, and that the legislation 
 ought not to be represented by the laboring classes. 
 
 We in Western Virginia, and, as I suppose in the whole of 
 Virginia, adopted the great doctrine of the fathers of the Repub- 
 lic that in the people resides all power; and that embraced all 
 people. This revolution has been inaugurated with a view of 
 making a distinction upon the principles that T have indicated. 
 We of Western Virginia have not been consulted upon that sub- 
 ject. The large body of your citizens in the eastern part of the 
 State have not been consulted upon that subject. 
 
 American institutions lie near to the heart of the masses of 
 the people, all over this country, from one end of it to the other, 
 though not as nearly perhaps in Louisiana, Georgia and Texas, as 
 in some of the Western and Northern States. 
 
 This idea has been covertly advanced only in portions of Vir- 
 
the People of Northwestern Virginia in 1861. 145 
 
 ginia. She has stcdd firm by the doctrines of the fathers of the 
 Revolution up to within a very short period. Its propagators 
 have attempted tb force it upon us by terror and at the point 
 of the bayonet. We have been driven into the position we 
 occupy to-day, by the usurpers at the South, who have inaugu- 
 rated this war upon the soil of Virginia, and have made it the 
 great Crimea of this contest. We, representing the loyal citizens 
 of Virginia, have been boimd to assume the position we have 
 assumed to-day, for the protection of ourselves, our wives, our 
 children, and our property. We, 1 repeat, have been driven to 
 assume this position ; and now we are but recurring to the great 
 fundamental principle of our fathers, that to the loyal people of 
 a State, belongs the law-making power of that State. The loyal 
 people are entitled to the government and governmental authority 
 of the State. And, fellow-citizens, it is the assumption of that 
 authority upon which we are now about to enter. 
 
 It will be for us by firmness, and by prudence, by wisdom, by 
 discretion, in all our acts, to inaugurate every step we take for 
 the purpose of restoring law and order to this ancient Common- 
 wealth; to mark well our steps, and to implore the divine wisdom 
 and direction of Him that ruletli above, who has every hair of 
 our heads numbered, and who suffereth not a sparrow to fall 
 unnoticed to the ground, and His guidance and direction in en- 
 abling us to carry out the great work we have undertaken here, 
 in humility, but with decision and determination. 
 
 With these remarks I thank you again for the honor you have 
 conferred upon me, and promise you that I will do the best I 
 can in administering your wishes, and in trying to carry out the 
 great object we have been working for here, and for which we 
 expect to work for some time to come. I thank you gentlemen.” 
 (Grea.t Applause.) 
 
 The oath was then administered by Andrew Wilson, Esq., a 
 Justice of the Peace, and Mr. Pierpont became de facto the Gov- 
 ernor of Virginia. 
 
 The Chair : ‘ ‘ The next business in order is the resolution of the 
 gentleman from Monongalia, and the amendment of the gentle- 
 man from Tucker.” 
 
 Mr. Dorset: “Will the gentleman from Tucker for a moment 
 withdraw his amendment? I purpose to withdraw my own reso- 
 
146 Proceedings and Journals of the Conventions of 
 
 lution to give way for another, which, it is thought, will harmo- 
 nize the opposing elements on this question.” * 
 
 He withdrew the resolution. 
 
 Mr. Frost: “I move that a committee of three be appointed to 
 wait on the Governor and inform him that this Convention is 
 now ready to receive any communication from him that he may 
 see proper to send in.” 
 
 The resolution was adopted, and Messrs. Frost, of Jackson; 
 Crane of Tucker: and of Wetzel 9 , were appointed the com- 
 
 mittee. 
 
 Mr. Carlile then, by general consent, proceeded to submit 
 some remarks for the consideration, as he said, of those inclined 
 to favor such propositions as that of the gentleman from Monon- 
 galia. The points he made in liis remarks were that such a 
 resolution violated the spirit of the Constitution of the United 
 States, as it was equivalent to an ex post facto law. He contend- 
 ed that at the time the men, whom it was proposed to turn out of 
 office for voting for the ordinance of secession, gave that vote 
 there was no penalty attached to the act, and thus depriving them 
 of a prerogative on that account was equivalent to establishing 
 a penalty — or was in fact a penalty — for an act done when no' 
 such penalty was in force. — That penalty was the loss of the 
 office conferred by virtue of the implied contract between the par- 
 ty and the appointing power. 
 
 He said also that it would be punishing their own citizens 
 for the exercise of an undoubted constitutional right. To inflict 
 a penalty for having exercised a guaranteed right would be to 
 abridge i that right. It would never do for us to inaugurate any 
 such practice as this in a body assembled for the purpose of 
 protecting the rights and liberties of a free people. 
 
 Mr. Dorsey followed, contending that it was not the design of 
 the resolution to inflict punishment, but to protect the people 
 against official acts of those who had committed themselves to a 
 doctrine and a series of projects inimical to the rights of the 
 people. 
 
 Mr. Stuart said it was the first time he had ever heard that 
 a man holding an office under the Constituion of the United 
 States, had the right to vote for the ordinance of secession. 
 
 9. The name of the member of this Committee from "Wletzel counity is omitted in 
 the report from which we print. — Y. A. L. 
 
the People of Northwestern Virginia in 1861. 147 
 
 Such, an act was a violation of the oath taken by all officers to 
 support that Constitution, and was therefore a crime and a per- 
 jury. 
 
 Mr. Carlile replied, that if it was perjury, then the prosecut- 
 ing attorneys in the different counties ought to punish all those 
 who had been guilty of this crime, and this would, if enforced, 
 be all the punishment needed, as perjury would forever dis- 
 qualify them from holding any office thereafter. 
 
 The President cut the discussion short by announcing that he 
 had just received an invitation for the Convention to attend a 
 tiring of salutes on the Island, between four and five o’clock, in 
 honor of the election of Governor. 
 
 On motion the Convention at once adjourned. 
 
 THE TENTH DAY. 
 
 FRIDAY, JUNE 21, 1861. 
 
 The Convention met at ten o’clock, A. M., and was opened with 
 prayer by Rev. Gordon Battelle. 
 
 The minutes of the preceding day were read and adopted. 
 
 Ordered, That until the Seals of the Commonwealth ordered hy this 
 Convention are procured, the Governor shall affix his private seal to 
 such writs and other documents as it shall he necessary for him to 
 issue. 
 
 Ordered, That until the appointment of a Secretary of the Common- 
 wealth, the Governor be authorized to employ some suitable person to 
 fill said office temporarily. 
 
 Mr. Dorsey offered the following : 
 
 Resolved, That a committee on offices to consist of nine members be 
 appointed. 
 
 He said the design cf that resolution was to raise a committee 
 to which the various resolutions that had been offered by gentle- 
 men in relation to vacating the offices of the State might be sub- 
 mitted so as to arrive at some harmonious action on that sub- 
 ject, 
 
 Mr. Crane, of Tucker, did not know what end the gentleman 
 proposed to reach with the resolution. The committee so raised 
 could of its own volition report nothing. Some matter for them 
 to inquire into would have to be offered after all. If this was 
 another 'mode of reaching the end sought to be obtained by the 
 resolution offered by the gentleman yesterday morning it would 
 not effect the purpose unless another committee were raised to 
 consider that matter. 
 
148 Proceedings and Journals of the Conventions of 
 
 Mr. Dorsey replied that the design attributed was not the de- 
 sign of the resolution at all, but it was to present these resolutions 
 one after another, and refer them to the committee. The expecta- 
 tion was that the committee would report back some of them, or 
 a different resolution on the general subject, or else present some 
 explanation which might go out to the people, giving them to 
 ’understand why the Convention had refused to take action on 
 these resolutions. 
 
 Mr. Carlile said that if this resolution was to elicit discussion, 
 he would move to let it lie over for the present. He submitted 
 a motion, that when the convention adjourn, it adjourn over tilL 
 Monday at 2 o’clock. 
 
 After some discussion, the motion was adopted. 
 
 On motion, then, the ordinance relating to the receipts and dis- 
 bursements of the public revenue, and providing for the appoint- 
 ment of an Auditor, Treasurer and Secretary of the Common- 
 wealth, was taken up, and after having been considered, section 
 by section, and various amendations made, was passed unani- 
 mously. 
 
 The ordinance as passed, is as follows : 
 
 An Ordinance relating to tiif. Receipts and Disbursements of the Pub- 
 lic Rfventte. and Providing for the appointment of an Auditor, 
 
 Treasurer, and Secretary of the Commonwealth: 
 
 Tile people of Virginia, by their delegates assembled in Convention, 
 in Wheeling, do ordain as follows: 
 
 1. The General Assembly, as soon as it shall he organized at Wheel- 
 ing. pursuant to the Ordinances of this Convention, shall elect by joint 
 vote of the two houses, an Auditor of Public Acccounts, a Treasurer, 
 and a Secretary of the Commonwealth; whose terms of office shall re- 
 spectively commence as soon as they shall he duly qualified, and shall 
 continue for the unexpired portion of the current term of said offices, 
 and until their successors be respectively elected and qualified. 
 
 2. The officers so to he elected shall discharge the duties and exercise 
 the' power pertaining to their several offices by existing laws, so far as 
 such law may be consistent with the ordinances of this Convention. 
 
 3. "Bach of said officers shall give bond, with security, to the satis- 
 faction of the Governor, which bond shall he payable to the Common- 
 wealth of Virginia, and he conditioned for the faithful performance of 
 the duties of the office. The penalties of the bonds shall he respectively 
 as follows: that of the Auditor of Public Accounts, Twenty Thousand Dol- 
 lars; that of the Treasurer, Fifty Thousand Dollars; and that of the 
 Secretary of the Commonwealth, Five Thousand Dollars. Bach of these 
 bonds shall he submitted to the Governor for approval; and if he be of 
 opinion that it is in proper form, and duly executed, and that the security 
 is sufficient, lie shall endorse his approval thereon, and cause the same 
 to he deposited in some secure place for safe keeping. 
 
 4. The Auditor of Public Accounts, and the Treasurer, shall each 
 keep an office in the City of Wheeling, for the transaction of their offi- 
 cial business; and the hours for transacting business at said offices shall 
 he from eight in the morning, until three in the afternoon, between the 
 
the People op Northwestern. Virginia in 1861. 149 
 
 tm 
 
 first day of April and the first day of Nove'mher, and from nine in the 
 morning, until three, in the afternoon, during the remainder of the year. 
 
 5. It shall be the duty of the several Sheriffs, and all other persons 
 who have in their hands, or are liable for, any monies which by exist- 
 ing laws are payable to the Treasury of the State of Virginia forthwith 
 to adjust their several accounts with the Auditor to be elected as afore- 
 said and pay over to the Treasurer herein provided for, the amounts 
 which shall respectively be found due to the State. 
 
 6. If any Sheriff or other person, having in his hands, or being liable 
 for, any monies which by existing laws are payable to the Treasury, 
 fail or refuse to adjust his account, or pay over such monies as herein 
 required, the Auditor of Public Accounts shall immediately publish a 
 notice of such default in some .Newspaper in the City of Wheeling and 
 if such Sheriff or other person shall not, within thirty days after such 
 publication, hfive duly adjusted his account and paid over such monies, 
 he shall forfeit and pay to the Commonwealth, the sum of Five Hundred 
 Dollars, to be levied by distress under warrant of the Governor, which 
 warrant it shall be the duty of the Governor to issue, on satisfactory 
 evidence that such default has occurred, directing the same at his dis- 
 cretion to the Sheriff of any county, or to a special Commissioner or 
 Commissioners for the purpose, and the Sheriff or other person making 
 default as aforesaid, and his or their securities, shall further be liable 
 to judgment, in the name of the Commonwealth of Virginia, for the 
 amount appearing to be due, with interest thereon from the time of such 
 default till payment, and fifteen per centum upon the principal, as dam- 
 ages to be recovered by motion on ten days’ notice in any Court of Record 
 in the State. 
 
 7. The several Commissioners of the Revenue and Sheriffs, having 
 first taken the oath or affirmation required by the Ordinances of this 
 Convention, and being otherwise duly qualified, shall proceed, with all 
 convenient despatch, to the discharge of their several duties in rela- 
 tion to the assessment and collection of the public revenue, under the 
 existing laws, so far as the same may not be inconsistent with the 
 Ordinances of this Convention. 
 
 8. .411 monies to be paid into the public Treasury, shall be paid into 
 the Merchants’ and Mechanics’ Bank of Wheeling, at the City of Wheel- 
 ing, or one of its Branches, at Point Pleasant, Clarksburg and Morgan- 
 town; or into the North-Western Bank of Virginia, at Wheeling, or one 
 of its Branches at Parkersburg and Wellsburg, but if collected East of 
 the Blue Ridge of Mountains, into the Bank of the Old Dominion in 
 Alexandria, to the credit of The Treasury of Virginia; and the person 
 so paying the same shall take from the proper officer of such Bank 
 or Branch, a certificate of the fact. The Treasurer, on the delivery of 
 such certificate, shall retain and file the same, charging the amount 
 therein specified to the proper Bank or Branch, and delivering to the 
 person who made the payment at Bank, duplicate receipts for the 
 amount so paid, specifying on what account the money was paid. 
 The person making the payment shall forthwith hand over one of 
 the said receipts to the Auditor of Public Accounts, to be retained and 
 filed by him, and charged to the Treasurer’s account; upon the other re- 
 ceipt, which is to be retained by the person making the payment, the 
 Auditor shall endorse as follows; — '“A duplicate hereof has been filed in 
 the Auditor’s office,” and affix his signature and the proper date to such 
 endorsement. 
 
 9. No receipt of the Treasurer shall be an acquittance or discharge 
 to any person for any sum of money due to the Commonwealth, unless 
 such receipt be endorsed by the Auditor of Public Accounts as aforesaid. 
 And any person bound to pay money into the Public Treasury, who 
 shall pay the same otherwise than according to this Ordinance, shall 
 remain liable for such money, and be subject to every fine, penalty or 
 
150 Proceedings and Journals op the Conventions op 
 
 forfeiture to which he would have been subject if he had not paid the 
 same. 
 
 10. If the Governor, at any time when this Convention, and the Gen- 
 eral Assembly, re-organized under the ordinances thereof, shall not he 
 in session, shall he of opinion that the safety of the public funds re- 
 quires that no more public monies should be paid into any one or more 
 of the depositories, specified in the preceding section, or that the 
 monies which may he in the same, to the credit of the Treasury, should 
 be withdrawn, he may announce the fact by proclamation to be published 
 in some newspaper in the City of Wheeling, and in the City of Alexan- 
 dria, in the proclamation he may, if it be necessary, designate another 
 depository or depositories, at which monies due to the Commonwealth 
 may thereafter be paid. And after such proclamation is published it shall 
 not be lawful to pay any sum of money on State account into any deposi- 
 tory or depositories to which such payment shall be thereby forbidden; 
 and the Auditor of Public Accounts and Treasurer, if required by the Gov- 
 ernor, shall cause the monies held by such depository or depositories, 
 to . be transferred to some other lawful depository or depositories of 
 the Public Funds. But all such Proclamations and orders of the Gov- 
 ernor shall, as soon as possible, be submitted to the Convention or to 
 the General Assembly, for their revision. 
 
 11. Any person claiming to receive money from the Public Treasury, 
 shall apply to the Auditor of Public Accounts for a warrant for the 
 same. And the Auditor if he find such money to be due by the State, 
 and that the payment thereof has been authorized by any Ordinance of 
 this Convention, or Act of the General Assembly as re-organized under 
 the ordinances of this Convention, shall issue his warrant therefor upon 
 the Treasurer, specifying on what account the money is to be paid, and 
 to what appropriation the same is chargeable. And the Treasurer, on 
 the presentation of said warrant to him, shall, if satisfied that such 
 warrant has been duly authorized as aforesaid, endorse upon said war- 
 rant, his Check, directed to some one of the depositories in which there 
 shall he money to the credit of the Treasury, which check shall be pay- 
 able to the order of the person entitled to receive the amount therein 
 specified. The Treasurer shall, however, at no time, draw a check on 
 any Bank, Branch, or other depository, unless there be money enough 
 therein, to the credit of the Treasury, to pay such check. And no 
 Bank, Branch or other depository, holding money to the credit of the 
 Treasury, shall pay any cheek drawn by the Treasurer, unless the same 
 be endorsed upon a warrant, authorizing the same issued by the Auditor 
 of Public Accounts. 
 
 12. This ordinance shall take effect from its passage. It may be al- 
 tered or repealed by the General Assembly. 
 
 The Convention then took a recess until two o’clock. 
 
 AFTERNOON SESSION. 
 
 Mr. Lamb offered a verbal amendment to the ordinance organiz- 
 ing the State Government, which was adopted. 
 
 Mr. Oarlile offered the following resolution : 
 
 Resolved, That the Secretary be requested immediately to notify the 
 members of the Governor’s Council, not now in the city, of their elec- 
 tion as such. Adopted. 
 
 Mr. Moore offered the following: 
 
 Resolved, That this Convention, in view of the extraordinary condi- 
 tion in which our portion of the United States is now placed, we earn- 
 estly recommend to the Federal authorities, the construction of a mili- 
 
the People of Northwestern Virginia in 1861. 151 
 
 tary road from Webster, a point on the B. & O. R. R., southward 
 through the State of Virginia, or to some such point as would be suit- 
 able for the concentration of forces in the struggle in which our General 
 Government is now engaged. 
 
 The resolution was referred to the Committee on Business. 
 
 On motion of Mr. Carlile, the ordinance fixing the salaries of 
 certain officers, &c. was then taken up. 
 
 Mr. Stuart moved to amend the line fixing the salary of the 
 Governor at $3,000 per annum by striking out that sum and sub- 
 stituting $2,000. 
 
 The amendment was rejected. 
 
 Mr. Lame moved to insert between the first and second lines 
 the words “Of the Attorney-General at the rate of $1,000 per 
 annum. ' ’ 
 
 The amendment was adopted. 
 
 Mr. Hubbard moved to amend the line fixing the salary of the 
 Secretary of the Commonwealth at $1,500 per annum by striking 
 out that sum and substituting $1,200. 
 
 The amendment was rejected. 
 
 Mr. Lightbitrn moved that the line fixing the pay of the door- 
 keepers be so amended as to allow them $2 per day, instead of 
 $1.50. 
 
 The amendment was adopted. 
 
 On motion of Mr. West, the line fixing the pay of the pages 
 was so amended as to allow them $1 a day, instead of fifty cents. 
 
 On motion of Mr. Lamb, the second section, requiring that the 
 expenses incurred by the Governor, shall be submitted to the Audi- 
 tor, the same as any other claims against the State, was so amended 
 as to require the same in regard to the expenses of his council. 
 
 The Ordinance, as a whole, was then adopted unanimously. 
 
 Mr. Close offered the following resolution, which was adopted : 
 
 Resolved. That a copy of the Declaration adopted by this Convention, 
 and tile signatures thereto appended, be sent by special messengers, to be 
 designated by the President of this body, to the President of the United 
 States. 
 
 On motion of Mr. West, the rule was suspended for the purpose 
 of reconsidering the vote by which the election of Attorney-Gen- 
 eral was postponed until Saturday, and on his motion, the Conven- 
 tion proceeded to the election. 
 
 Mr. Hubbard nominated Jas. S. Wheat, Esq., of the city of 
 Wheeling. 
 
 No other nominations being made, the roll was called, and Mr. 
 
152 Proceedings and Journals op the Conventions op 
 
 Wheat received 70 votes; Mr. Farnsworth, of Upshur, 1; Wm. A. 
 Harrison, of Harrison, 1. 
 
 The Chair announced that Jas. S. Wheat was elected Attorney- 
 General for the State of Virginia. 
 
 Mr. Flesiier offered the following resolution, which was re- 
 ferred to the Committee on Business: 
 
 Resolved , That for the better security and safety of the loyal citizens' 
 of this Commonwealth, and the perpetuity of their liberty, it is highly 
 and exceedingly necessary that there should be placed, at least in each 
 of the counties of Western Virginia, by the Federal Government, a re- 
 cruiting officer, whose duty it shall be to enlist all such young men as 
 may be desirous of engaging in their country’s service, and when en- 
 listed, to send them to “Camp Carlile,” or elsewhere, for discipline and 
 drill, so as to muster them into the service, of the United States, at as 
 early a day as possible; and that to this end, we invite and solicit the 
 proper officer of the general government, to send us such officers with- 
 out delay. 
 
 Mr. Burdett suggested an inquiry into the whereabouts and dis- 
 position of the 2,000 stand of arms now in the city. 
 
 Mr. Carlile stated that he had been instructed to say that the 
 Committee of which he was Chairman, had had that matter under 
 consideration, and had unanimously come to the conclusion that 
 the guns referred to,, should be handed over to the State authori- 
 ties here, for arming the volunteer militia of the State, which will 
 be organized in a few days. 
 
 Mr. Dorsey moved to suspend the rule for the purpose of recon- 
 sidering the vote by which the Convention had resolved to adjourn 
 over till Monday. Lost. 
 
 Mr. Moore moved that a committee of five be appointed to pre- 
 pare an address for circulation. 
 
 The Chair stated that the Committee on Business already had 
 that mater under consideration. 
 
 Mr. Moore withdrew the motion. 
 
 The Convention then adjourned till Monday next at two o’clock. 
 
 THE TWELFTH DAY, 9 
 
 TUESDAY, JUNE 25, 1861. 
 
 Convention met at 10 A. M. 
 
 Prayer by Rev. J. L. Clark. 
 
 Mr. Lamb, frota the Committee on Credentials, reported Wm. 
 
 9. Jt will be observed that on the tenth day of the session — Friday, June 21st — 
 the Convention adjourned to meet the following Monday, the 24th, at 2 :00 P. M. 
 In all the files of the Wheeling Daily Tntclliyeyicer for 1881, known to the writer 
 to be extant, the issue for Tuesday June 25, 1961, which contained the Proceedings 
 and Journal of the Convention on Monday, the 24th — eleventh day of the session — is 
 missing. It is hoped that the record of the proceedings of this day may yet be 
 found. — V. A. L. 
 
the People op Northwestern Virginia in 1861 . 153 
 
 Badcliffe, of Wayne county, member elected to the House of Del- 
 egates, from that county, entitled to a seat as such in the Conven- 
 tion. 
 
 Mr. Lamb, on behalf of the Committee to whom was referred the 
 ordinances passed by the Convention for revision, reported them 
 back with an order that they be duly enrolled. He moved that they 
 be signed by the President and Secretary of the Convention as 
 such. 
 
 The report and motion were adopted. 
 
 Mr. Badcliffe came forward and took the oath. 
 
 Mr. Martin, of Wetzel, moved to amend the fourth section of the 
 ordinance for the reorganization of the State government by in- 
 serting in the 22d line after the word “duties,” the following: 
 
 “Provided, nevertheless, that any person having taken the oath of 
 the officers of the government of the United States, and afterwards voted 
 for the ordinance of secession, and since that time have advocated seces- 
 sion principles, shall be disqualified for exercising the functions of any 
 office in this Commonwealth until the cessation of hostilities between 
 the United States, and the seceded States.” 
 
 Mr. Martin moved that His resolution be referred aud proceeded 
 to make some remarks in support of it. 
 
 On the question of referring this resolution, Mr. Martin called 
 for the yeas and nays. The call was not sustained and the ques- 
 tion being taken the Convention refused to refer. „ 
 
 So the resolution was tabled. 
 
 Mr. Carlile, from the Committee of Seventeen, reported an or- 
 dinance, which was adopted, entitled “An ordinance recognizing 
 the Constitutional duty of the Commonwealth of Virginia, to call 
 forth the militia of the State in obedience to the lawful requisition 
 of the Government of the United States, to execute the laws of the 
 Union, suppress insurrection and repel invasions.” 
 
 Mr. Caldwell, from the same, reported the following which was 
 also adopted: 
 
 AN ORDINANCE RELATING TO THE COLLECTION OF THE 
 
 REVENUE. 
 
 The people of Virginia by their Delegates in Convention, at Wheeling 
 assembled, do ordain as follows: 
 
 1. That on all taxes hereafter collected, there shall be allowed to the 
 person from whom they are collected, by the officer collecting the same, 
 ten per centum on the amount thereof, if such payment he made on or 
 before the 15th day of September next; if made after the 15th of Sep- 
 tember and prior to the 15th day of October next, six per centum on the 
 amount paid; and if made after the said 15th day of October and prior 
 to the tenth day of November next, three per centum shall be allowed 
 on the amount paid. 
 
154 Proceedings and Journals of the Conventions of 
 
 2. It shall he the duty of the Auditor of Public Accounts to credit the 
 amounts of the several Sheriffs with the percentage allowed to be de- 
 ducted from said taxes under the terms of the preceding section, pro- 
 vided said Sheriffs shall account for and pay over the said taxes col- 
 lected within ten days after each respective period stated in said sec- 
 tion. ' 
 
 3. This Ordinance shall take effect from and after the day of its 
 passage and may be repealed or amended by the General Assembly. 
 
 Mr. Lamb, from the same, presented an ordinance, which was 
 adopted, entitled an ordinance providing that the copies of the 
 ordinance printed nnder the authority of the Convention shall be 
 received as evidence. 
 
 On motion of Mr. Lamb, the following order was adopted: 
 
 Ordered, That the Attorney-General be invited to occupy a seat in 
 this Convention with liberty to participate in the discussions, but not 
 to vote. 
 
 Mr. Carlile, from the Committee of Seventeen, reported the fol- 
 lowing ordinance which was adopted: 
 
 An Ordinance requiring the evidence of the taking certain Oaths to he 
 filed in the office of the Secretary of the Commonwealth. 
 
 The people of Virginia, by their delegates assembled in Convention 
 at Wheeling, do ordain as follows: 
 
 1. When a person heretofore elected or appointed, or who shall be 
 hereafter elected or appointed to any office in this State, shall take the 
 oaths required of him in a Court of record he shall procure a transcript 
 from the record of the Court stating the fact of his having taken such 
 oaths, and when he takes such oaths before a Judge, Notary or Justice, 
 he shall procure a certificate of the person administering the same stat- 
 ing the fact. 
 
 2. When the oath prescribed in the ordinance for the reorganization 
 of the State government shall be taken as aforesaid, the person taking 
 the same shall cause the said transcript or certificate to be delivered 
 to the Secretary of the Commonwealth, who shall file and preserve the 
 same in his office. And if such transcript or certificate be delivered as 1 
 aforesaid to the Secretary of the Commonwealth, it shall not be re- 
 quired of the person taking the oath to deliver the transcript or certifi- 
 cate as prescribed by the 6th section of the 13th chapter, or by the 
 19th section of the 24th chapter of the second edition of the Code of 
 Virginia. 
 
 3. This ordinance shall take effect from its passage and may be al- 
 tered or repealed by the Geenral Assembly. 
 
 Mr. Farnsworth offered the subjoined resolution : 
 
 Resolved, That if in the opinion of the Legislature, there shall be no 
 necessity for the meeting of this Convention on the first Tuesday in 
 August next, they have the power so to decide; but that the Governor 
 shall have the power to call this Convention together at a later period 
 than the time now fixed on, unless the Legislature shall otherwise di- 
 rect. 
 
 Mr. Farnsworth moved the suspension of the rule, for the pur- 
 pose of reconsidering the vote to which the Convention resolved to 
 adjourn to the first Tuesday in August. 
 
the People of Northwestern Virginia in 1861. 155 
 
 The question being taken on the suspension of the rule, it was 
 decided in the negative. 
 
 So the Convention refused to reconsider. 
 
 On motion, the Convention then took a recess until 4 o’clock, 
 P. M. 
 
 AFTERNOON session. 
 
 i 
 
 Mr. Van 'Winkle, from the Committee on Business, reported the 
 Ordinances adopted during the morning session, as revised and cor- 
 rected, and they were adopted and ordered to be enrolled. 
 
 On motion of Mr. Tarr, a vote of thanks was returned to the 
 President, for the very able and impartial manner in [which] he 
 had discharged the duties of his position. 
 
 Mr. Porter also moved that the thanks of the Convention be 
 tendered to the Secretary, Sergeant-at-Arms, and other offiecrs, 
 for the manner in which they have discharged their respective du- 
 ties. 
 
 The President: “Most cordially do I thank you, gentlemen of 
 the Convention, for the complimentary manner in which you have 
 seen fit to speak of my conduct as an officer called to preside over 
 the deliberations of this body. 
 
 I part from you, one and all, with the kindest feelings, with emo- 
 tions of heart that I have not language to express. We have been 
 engaged in a duty of the highest importance not only to ourselves 
 but to the State of Virginia, and it may be to the United States. 
 I may be sanguine but I am convinced the action of the body will 
 redound to the good of this whole country. We came here, some of 
 us, through difficulties, some at the peril of their lives, some yet 
 trembling, fearing not the consequences of their action, but fear- 
 ing lest the call for this convention should not be responded to by 
 the neighboring counties. But how agreeably have we been disap- 
 pointed. We have representatives here from Hancock to Wayne 
 from the Ohio to the mountains, Randolph, Tucker, Gilmer on the 
 one hand, while Kanawha in its strength is with us on the other. 
 We have thirty-four counties; almost one-third of the white popu- 
 lation of the State of Virginia is represented by the territory within 
 the counties from, which delegates here hail. The people, our con- 
 stituents, if they once are relieved from military rule, and have 
 permission to express their sentiments, will hail our action here 
 with joy and gladness, and will respond to it with hearts of grati- 
 
156 Proceedings and Journals op the Conventions op 
 
 tude, and with actions that will tell on the future destiny of this 
 country. 
 
 We all love Virginia. We have always been devoted to our in- 
 stitutions, I am sure. It is not our interest to do any injury to the 
 mother of us all. It is our duty to advance her interests, her pros- 
 perity and the happiness of the people. I am sure our action here 
 will result in that happiness and prosperity. 
 
 Yet our work is not done with the action of this Convention. 
 We have here done our work, and, in my estimation have done it 
 well. We have re-organized a government for the State of Vir- 
 ginia, in lieu of the one which has been usurped. We have ap- 
 pointed officers in those positions to execute those duties where 
 men have acted heretofore faithlessly, and permit me to say, you 
 have been happy in the selection to fill the various offices filled by 
 the ordinances and acts of this Convention. You have chosen men 
 who are capable, who are honest, and who will he faithful to the 
 Constitution and laws of their country. I have every confidence 
 in them, that they will discharge their duties as men, honest men, 
 men who will not go to the right nor to the left, hut straight along 
 in the line of their duty. 
 
 Then it is for us, gentlemen, after having inaugurated this gov- 
 ernment, to go home, not to idle away our time — not to fold our 
 arms in inaction, hut to go home with the determinatin . to execute 
 the government which we have re-organized; to put in motion in 
 every county and in every neighborhood within our power. And if 
 gentlemen who are opposed to us in politics on this great question 
 of secession see fit to attempt again to oppose the free execution 
 of the laws, it will he necessary for us, by the strong arm of the 
 law, to put our purpose into execution. It is too late to be modest 
 in this matter. It is too late for gentlemen now to doubt. The 
 time for action has now arrived ; and he who now falters, at a time 
 when his country most needs his services, falters at a time when 
 that faltering is not only a sin hut a crime of the deepest dye. 
 
 Let us then go home and enter upon the execution of the govern- 
 ment which we have re-organized. The people I am satisfied by an 
 overwhelming majority are with us, and if we only manifest the 
 disposition and the determination to execute our purpose all will 
 he well. 
 
 Gentlemen, I return you my thanks for the compliment you have 
 pleased to bestow on me in adopting this resolution. I have spent 
 
the People of Northwestern Virginia in 1861. 157 
 
 a few days with you here very pleasantly, and have enjoyed myself 
 as well as I ever did in my life. With these remarks and my thanks 
 I close and take leave of you. 
 
 The Convention then adjourned to meet again on the first Tues- 
 day in August next at two o’clock P. M., unless otherwise ordered 
 by the Governor with the advice of his Council. 
 
APPENDIX A. 
 
 SPEECH OF HON. FRANCIS H. PIERPONT DELIV- 
 ERED BEFORE THE SECOND CONVENTION OF 
 THE PEOPLE OF NORTHWESTERN VIRGINIA AT 
 WHEELING ON THE 17TH DAY OF JUNE, 1861— SIXTH 
 DAY OF SESSION— IN FAVOR OF THE ADOPTION OF 
 THE DECLARATION OF RIGHTS OF THE PEOPLE OF 
 VIRGINIA. 
 
 Mr. Pierpont said : — 1 1 1 propose to submit a few remarks upon 
 this Declaration before the question is taken ; and, Sir, if I should 
 extend my remarks to several topics not particularly embraced in 
 the Declaration, I hope I shall not be considered out of order. We 
 have arrived, Sir, at an important and momentous crisis in the his- 
 tory of our country — one that is to be deplored by every lover 
 of constitutional liberty, and who has any desire in his heart for 
 the Government of the United States performing the great des- 
 tiny for which it was intended.- — And, Sir, it may not be inap- 
 propriate for me to refer briefly to a state of facts which has 
 brought about the condition of our country at the present time. 
 I think it must bo obvious — perhaps patent to every observer of 
 the history of this country — that the crisis now upon us is not the 
 result of any momentary revulsion that has come upon the coun- 
 try, or of any sudden outburst of feeling in any one section of 
 the country; but that it is the result, Sir, of mature deliberation, 
 concocted in treason, for the express purpose of breaking up con- 
 ' stitutional liberty in this country. — And, Sir, I think I am borne 
 out by the facts in the statement that this treason dates as fall- 
 back as 1833 : a dissatisfaction on the part of one single State of 
 this Union wnth the Government of the United States, and a deter- 
 mination to break it up. The history of the events of those times 
 is fresh in the memory of most of us now. The declaration on 
 the part of the committee that reported the bill calling the con- 
 vention in the State of South Carolina to pass the ordinance of 
 Secession immediately after the last Presidential election, shows 
 not only the determination of the people of South Carolina at 
 
160 Proceedings and Journals of the Conventions of 
 
 that time, but that it had been a determination in the minds of 
 that people for twenty-eight years; that they had been educat- 
 ing the minds of the people of South, Carolina for the express; 
 purpose of breaking off their allegiance to the Government of the 
 United States, and that if they were not taught now, they never 
 would be. That, Sir, South Carolinians admit. That is the boast 
 of their chivalry; they are too high-minded to deny the truth. It 
 was their determination to keep nothing concealed. Ever since 
 the transactions of 1863 the statesmen of South Carolina have 
 never suffered themselves to be called- by any of the party names 
 that distinguish the people of the United States in other sec- 
 tions of the country; but have called themselves the great South- 
 ern Stale Eights party. Thus showing all the time that their 
 object was something beyond that of conducting this Government 
 to the high destiny to which all the other States of this Union so 
 proudly looked forward, and for which they had so diligently 
 labored. 
 
 "When we look, Sir, at the transactions, or theory rather, and 
 the statements of the leading politicians of the South, during the 
 canvass of the last Presidential election, we find that they went 
 on the theory of separate, State action, opposing entirely any bor- 
 der conference of Southern States, any action of a general char- 
 acter that would bind together and have for its object the healing 
 up of the seeming dissensions between the North and the South. 
 That separate State action was taken in defiance of the re- 
 monstrances of the State of Virginia, and regardless of the wishes 
 of Other States reluctantly drawn into it. There was a powerful 
 Union party in Alabama, Georgia, Mississippi, Louisiana and 
 Texas. But these men at the head of affairs in South Carolina, 
 determining to carry out their favorite theory and purpose, pre- 
 cipitated the country into this fearful rebellion. — South Carolina 
 seceded, and was followed by the other States. But we see as 
 early as the ninth of December last, the programme laid down by 
 statesmen in Washington for the formation of a Provisional Gov- 
 ernment at Montgomery, by the assembling of a Congress on the 
 4th of February. 
 
 Virginia’s representatives in the Legislature had been chosen 
 a year before. They were called together by the Governor of the 
 State, who was opposed to Secession. That T legislature, however, 
 was deeply imbued with the spirit of Secession. They immediate- 
 
the People of Northwestern Virginia in 1861. 161 
 
 ]y on assembling called a Convention of the State, contrary to the 
 usages of the State. We know, Sir, that so far as Virginia was 
 concerned at the time of the calling of that Convention, there was 
 a large majority of her people opposed even to a Convention being 
 called, while there was an overwhelming majority in the State, 
 opposed to Secession, and in favor of the Union, under the Stars 
 and Stripes and the Constitution of the United States, knowing 
 as they did, and as we all do, that it was to this Union that we 
 are indebted for all our greatness and prosperity. 
 
 Now, Sir, it has been said that the protection of negro slavery 
 was the great object of this revolution. I deny, Sir, the whole 
 proposition from beginning to end. And I assert that slavery was 
 only the occasion, the pretext for the rebellion, and for the steps 
 taken to bring it on. — South Carolina, the most honest and bold 
 in her declarations, denied that such was the case. They were 
 dissatisfied with the Union — -“the accursed government.” They 
 wanted a different government — one more suited to their tastes 
 and habits of life. They tried to make the issue in the Presi- 
 dential campaign last fall. It was made throughout several of 
 the Southern States, and was made upon the issue of protection 
 to slavery. They tried to make that issue in Virginia. But, Sir, 
 until the day of the Presidential election, there were not three 
 prominent men in this State, politicians or otherwise, that took 
 the ground of secession or breaking up the Union. And we find 
 a pertinent fact connected with this case. In the Eastern part^of 
 the State, where the most slaves are owned, the Union ticket, based 
 on the “Union, the Constitution and the Enforcement of the 
 Laws,” received a majority of the votes, even of slave holders 
 themselves — showing very clearly that they did not regard seces- 
 sion necessary to protect their interests in slave property, because 
 they felt that under the Constitution of the United States, and 
 the laws passed by Congress, that institution was entirely safe. 
 
 Then, sir, it behooves us to look closely, and see how this state 
 of affairs under which we find the country laboring, was brought 
 about, and whether the people of Virginia should be in this dis- 
 tracted condition in which we now find them, hy any previous ac- 
 tion of their own. We find a peculiar state of things in the 
 South. After the revolutionists had seized the arsenals, the forts, 
 the treasury, or mints, the post offices, and all other government 
 property they could get hold of, w T e find the Convention of Vir- 
 
162 Proceedings and Journals op tiie Conventions op 
 
 ginia still remaining firm for the Union. But there was a deep 
 plot going on all the time. Those who were leading the secession 
 movement, everywhere were acting in concert, and their plans 
 were matured beforehand. All the leading men w r ere initiated — 
 were indoctrinated fully into the views and determination of the 
 leaders. They all acted in concert, and sprung this thing on the 
 people of the country without the people having any concert 
 among themselves. Hence, Sir, we see that immediately upon the 
 step taken by South Carolina, all over the South, and as far as 
 secession influence could reach in the North, the declaration was 
 made that there must be no coercion. ” Not a paper in favor 
 of secession but wdiat came out with the doctrine of no coercion. 
 Sensible men, legal men, in every part of the country looked at one 
 another aghast and in -wonderment ; and the question was proposed 
 from one to another, and it flew from one end of the Union to 
 the other, “Have we any government at all?” Is this magnificent 
 government built by our forefathers a mere rope of sand or is it 
 a reality?” But still the dogma -was promulgated. “There must 
 be no coercion;” and in order to produce a revulsion of feeling 
 in the public mind against those in favor of the enforcement 
 of the laws, they -were called “coercionists,” or those whose ob- 
 ject and desire were to exterminate their brothers in the South. 
 
 In this -way things progressed. The last Administration went 
 out, and the present one came in. The policy to be pursued was 
 anxiously asked for and looked to. — Every step the present ad- 
 ministration took was tortured into coercion, wdiile odious epithets 
 were showered upon it to make it distasteful to the people of the 
 South. — When the Virginia Convention assembled at Richmond 
 it was ascertained that three-fourths of it were opposed to dis- 
 union. — But the plot began to converge to a point. Major Ander- 
 son was in Fort Sumter, and it was well known that his provisions 
 were nearly run out. It was known the very day they would run 
 out, and that lie must be reinforced, either in provisions, or in 
 provision's and men both. The Virginia secessionists then called 
 their mob Convention to meet in Richmond on the 16th of April. 
 A messenger was sent from Richmond to Charleston the day before 
 Fort Sumter ivas fired on. He made his speech there; saying there 
 '.vas one thing that must be done, and Virginia w r ould secede. 
 They knew in Charleston what that thing was; and Gov. Pickens 
 ordered Fort Sumter to be attacked. The attack was made, and 
 
the People of Northwestern Virginia in 1861. 168 
 
 a despatch came to the Governor of Virginia from the Governor of 
 South Carolina, saying: “Fort Sumter is fired upon; what will 
 Virginia do now?” It is said that the Convention would not 
 even then have dissolved their connection with the United States. 
 But the Secessionists, without the authority of the Governor, dis- 
 patched troops to seize Harper’s Ferry and the Gosport Navy 
 Yard, with all their munitions of war. The declarations had al- 
 ready gone forth from Charleston, throughout the South, that 
 they intended to seize the Capitol immediately; that Lincoln and 
 his cabinet were trembling in their seats; and were consulting 
 whether to remove to Philadelphia or New York. Thus they 
 forced the President to issue his Proclamation, calling for 75,000 
 troops. They Jcncw he would be bound to issue the Proclamation 
 or retire in ding race ! — That Virginia must be called on for her 
 quota of troops, or Secession be acknowledged. The proclamation 
 came — Virginia was called on, and then the Proclamation was 
 styled by the conspirators the crowning act of infamy of the Ad- 
 ministration, on account of which they must secede. Thus the 
 plot was laid and consummated. The plot ivas one that was con- 
 ceived in perjury at Washington, and carried out by falsehood 
 throughout the country, attended by coercion, intimidation, insult 
 and a reign of terror, which was equally concerted throughout Vir- 
 ginia, as w r ell as in the other Southern States. 
 
 For several days before the Convention passed the Ordinance 
 of Secession, it was absolutely besieged; members were threatened 
 with being hung to the lamp posts; their lives were jeopardized; 
 the mob w r as marching up and down the streets, and surrounding 
 the Capitol, and everything was terror and dismay. Immediate- 
 ly upon the passage of the Ordinance of Secession, in every county, 
 as far as I can learn, a systematic reign of terror was inaugurated. 
 
 Leading politicians in each county, wherever they dared, pro- 
 pounded to all the Union men questions of the following import — 
 “Are you in favor of the Union, or the State of Virginia?” notify- 
 ing the party at the same time, that if they were in favor of the 
 Union, that they had better prepare their necks for the halter, 
 or leave the State — some adopting one badge of menace, and some 
 another; such as pistols worn in some prominent place, others, 
 Minnie rifle bails, with holes perforated in them and tied in the 
 button holes of their coats. In other sections of the State wdiere 
 they had the power, irresponsible persons assembled, under the 
 
164 Proceedings and Journals of the Conventions Of 
 
 name of ‘ : committees of safety,” wlio proceeded to notify all the 
 obnoxious men in their section, that they must leave the State. 
 This meant Union men. Prosecuting attorneys attended militia 
 training and read the laws on treason. All Union men were ad- 
 monished that they would he prosecuted for treason. 
 
 Before the day of election arrived we see the troops from South 
 Carolina, Georgia and other Southern. States, placed all over the 
 eastern and southern parts of the State running up into the val- 
 ley, and in some parts of Western Virginia. In those parts of the 
 State freedom of election was completely suppressed, and men 
 who dared to vote against secession did it at the hazard of their 
 lives. Thus, Sir, you see the concert by which secession has been 
 inaugurated and carried out in Virginia; and we see that same 
 spirit that reigned in it from the beginning. "What is that spirit? 
 Is it the spirit that animates high-minded, noble, honorable men, 
 when they desire to carry out the destiny of a great nation? Na, 
 Sir, it is a spirit of treason, that has been propagated by falsehood 
 from one end of the country to the other. And to carry this out; 
 threatening, menace, plundering, oppression, everything which 
 develops the lower, meaner qualities of man, and leads him to 
 despise all governments, all law, all authority, and everything 
 that stands in his way to power — all have been resorted to. 
 
 At the inception of seccession, we thought we read its spirit 
 in the South, but supposed that spirit would not be carried into 
 Virginia. But in this we were mistaken. The leading politicians 
 of Virginia, both in the East and the "West, embarked in the 
 scheme of secession. What had we to do here? We saw that 
 the negro interest m the East did not demand secession. And we 
 knew that the free laborers of the West, by it, would have all 
 their interests cut off and destroyed. We saw that Kentucky was 
 loyal to the laws-, and we saw that Maryland was bound to stand 
 fast. — Here then we would be with a white population of 300,000, 
 with our revenues of trade cut off; it could not go to the East, 
 nor to the South, without encountering a custom-house at our 
 doors, with our men liable to be seized and placed in a foreign 
 army to fight against a government they had always loved and 
 honored and to which their prosperity was indebted, and on which 
 the perpetuity of their happiness depended. What was West- 
 ern Virginia, to do? They saw their leading politicians engaged 
 in this nefarious attempt to break up the Goveniment; they saw 
 
the People op Northwestern Virginia in 1861. 165 
 
 free expfesssion of opinion in the case suppressed ; they saw treason 
 rankling all over the State, with the Governor, Lieut.-GFovernor 
 and all the State ofiicials, and four out of five of the -Judges of the 
 Court of Appeals, all the Judges of the Circuit Court except one, 
 and, as far as 1 am advised, nearly all the prosecuting attorneys 
 and Sheriffs engaged in this treasonable work ; with one of the 
 Judges of the Court of Appeals acting as counsel to the Governor. 
 Put in Western Virginia, in spite of all this terrorism and power- 
 ful influence against them, we found a remarkable unanimity 
 among the people, exhibited at the late election, in favor of the 
 Union, and against the "ordinance of secession. 
 
 What, again I ask, are we to do? I answer — precisely what we 
 are doing. Form a government for the State of Virginia. — The 
 exigencies of the times demand it. It is the only alternative left 
 us. Two-thirds of the people of the State have been forced into 
 rebellion against the government of the United States. They are 
 also in rebellion against the State of Virginia; because the laws of 
 Virginia recognize the Constitution of the United States, as the su- 
 preme law of the land. Are we then to lie still, and let our citi- 
 zens, who are loyal to the government of the United States, be 
 pressed into the Confederate army to fight against their own gov- 
 ernment, and their property seized and carried off, to support the 
 Confederate troops, who are being used by the usurpers to break 
 up the government? The oppression which exists in other parts 
 of the State, would have reached the city of "Wheeling, had it not 
 been resisted by our action. It would have reached other points 
 on the Ohio river, and our men, instead of now being at home, 
 attending to their business, would have been marshalled to-day 
 upon the plains of Manassas Junction, under the piratical flag of 
 the Southern Confederacy, to fight against the loyal army of the 
 United States. 
 
 Two plans have been prepared for the purpose of meeting the 
 present emergency. One is, by a division of the State; the other 
 is, by forming a government for the whole State. If the first were 
 practicable, under the Constitution of the United States, I do not 
 think it would meet the present exigency. Our great, or first ob- 
 ject is to put down rebellion and restore peace to' the country; and 
 wherever the Southern boundary of the new State might be estab- 
 lished, when peace was restored to that line, our authority would 
 stop. But by pursuing the latter course, forming a government 
 
166 Proceedings and Journals op the Conventions op 
 
 for the whole State, as fast as rebellion shall he put down in any 
 section of the State, county elections can be held, men loyal to the 
 Government can be placed in power, who will, by the exercise of 
 their office, restore law and order to the community; and thus, 
 when the rebels are driven out, the whole State will be restored to 
 its former loyalty to the Union. The proper course, I maintain, 
 for ns to pursue is, to institute a government for the whole State 
 of Virginia.. We are the loyal people of Virginia, entitled by law 
 to the control of its military and civic power, as soon as we can get 
 it. We can get it in a large portion of the State at once. And, 
 then, my firm opinion is, that the Federal Government must suc- 
 ceed in putting down the rebellion in the eastern part of the State, 
 and just as fast as the rebels are driven from that part of the State, 
 law there will be inaugurated under this Government, the offices 
 will be declared vacant, new elections, as I have said, will take 
 place: for as soon as the rebels are driven out the Union element 
 in that section of the State will rise right up and fill the offices. 
 We will have Judges, Sheriffs and Prosecuting Attorneys to en- 
 force the laws. That is the way this thing must work, or not at 
 all. As to dividing the State — which, I have no doubt, will ulti- 
 mately be done, and Avhich I will favor at the proper time — I would 
 remark that the putting down of rebellion, the lending of a help- 
 ing hand to aid the Government, the maintenance of constitutional 
 liberty in this land of ours from the St. Larence to the Rio Grande, 
 is of vastly more importance to us, and to the world, than the for- 
 mation of a new State out of Western Virginia, at this time. Per- 
 mit me to say, Sir, that I look upon this movement as the brightest 
 scheme and most feasible for putting down the rebellion and re- 
 storing peace to the country that has yet been proposed. If we 
 can inaugurate this movement successfully, I am confident the 
 same step will be taken in East Tennessee, West Arkansas, North 
 Alabama, and North Mississippi. It has already been commenced 
 in South Florida. It will finally be carried out in all the seceded 
 States. Then I can see no retreat for secession short of the Gulf 
 of Mexico. 
 
 The objection has been urged that it is contrary to our insti- 
 tutions to hold any State in the Union against its own will. We 
 have held New Mexico and California by conquest, and they soon 
 became willing subjects; and my word for it, as soon as rebellion 
 is put down in Eastern Virginia, and other seceding States, and 
 
the . People op Northwestern Virginia in 1861. 
 
 167 
 
 the Union element permitted to rise up, they will freely give their 
 allegiance to the United States. 
 
 It has been suggested by intelligent men that we should pass this 
 declaration and adjourn, and wait till we see whether the Federal 
 Government is able to sustain itself, and put down or drive out 
 rebellion in Eastern Virginia: that if the government should fail 
 there Kentucky and Maryland may secede, and we might then have 
 to cast our lots with the Confederate States. This would be the 
 worst policy we could possibly adopt. It would be simply throwing 
 cold water on the Union men of Kentucky and Maryland, and on 
 the efforts of the General Government to put down rebellion. 
 
 It simply means that we should stand and look on, preserve our 
 inactivity, and encourage rebellion to succeed, if it can; and after 
 it succeeds, take our fortunes with it! Were I President of the 
 United States to-day, and the representatives of Western Virginia 
 should pursue that course, I would say to them — “I know the 
 Southern army will never come to the Ohio river to do us any harm, 
 but will only wreak its vengeance on you, who have not the nerve 
 to act, who are merely standing looking on with an indifferent eye, 
 to see which party succeeds, and are then willing to fall in with the 
 stronger party, at the conclusion of the fight.” But, Sir, there 
 can be no neutrality in this contest; and there need be no doubts 
 on the subject, as to which party will triumph. I tell, you, Sir, the 
 Government must succeed, and will succeed, in putting down re- 
 bellion. If we should take this course, the President would be 
 justifiable in withdrawing every soldier from Western Virginia. 
 
 But, Sir, we lose by every moment we delay ; even now, as is re- 
 ported, Ex-Gov. Wise is about taking command of forces to invade 
 Western Virginia. He will probably not have a very great force 
 to command ; but large or small, we will not wait for him to come 
 here, but will meet him at the top of the Alleghenies, and at the tap 
 of the drum, and at the point of the bayonet will welcome him to a 
 grave that he has merited for his treason heretofore! — There is a 
 spirit abroad in Western Virginia that will support the Govern- 
 ment of the United States, that will support the rights and interests 
 of Western Virginia, and that will support the action that this 
 Convention is expected to take here and now. It is necessary, ab- 
 solutely necessary, that we act as quickly as possible, to provide for 
 our security of life and property, and inaugurate law and order. 
 Let me give you an example of the eonditon of Western Virginia 
 as showing reason why we should act and at once. Take the coun- 
 
168 Proceedings and Journals of the Conventions op 
 
 ties of Marion, Taylor, Barbour and Randolph. The Judge, 
 Prosecuting Attorneys and Sheriffs of all those counties have join- 
 ed the secession army, and left the people without the protection 
 due from them in the exercise of their offices. Such, I presume, is 
 the case with many other counties. 
 
 Let us go forward then with our proposed work. Common sense 
 suggests it, the emergency demands it, and the time and the cir- 
 cumstances with which we are surrounded warrant us in carrying 
 it out, may demand that we should do so. 
 
 It has been said by some that this is rebellion; that it is setting 
 up a separate government in the State of Virginia. But, Sir, I 
 contend that this is neither revolution nor rebellion. It is merely 
 doing what we are bound to do in this exigency, for the protection 
 of our lives and property. Rebellion implies a guilty knowledge 
 and intent against the law and authority of the land. Murder im- 
 plies a guilty intent on the part of the party who commits it. . The 
 murderer deliberately lies in wait with malice aforethought to take 
 the life of his fellow-man ; but the man who is caught in an exigen- 
 cy and meets his fellow-man who attempts to take his life, if he 
 defends himself and kills his assailant, is not a murderer. He 
 merely acts in self-defense. There is none of the attendants of 
 murder attached to the transaction. He is simply doing that 
 which is necessary to protect his life. 
 
 So it is with our action here. The Constitution of the United 
 States guarantees to every State (and, I take it, only to the loyal 
 people of that State,) the right of a republican form of govern- 
 ment. Our Declaration of Rights of the State of Virginia, declares 
 that the people have the right to peaceably assemble and to alter 
 or amend their form of government, when it may become neces- 
 sary. Now, Sir, this exigency is upon us. The Government of the 
 State is in rebellion against the United States — against the laws 
 and the loyal people of Virginia. We, representing the loyal peo- 
 ple of Virginia, are bound to take immediate action to protect 
 their lives and their property. We. then, assemble peaceably, in 
 this exigency. We assemble lawfully, being sent here by the loyal 
 people of Virginia, according to the mode prescribed by the Con- 
 vention which met in this city in May last, to do whatever is nec- 
 essary to be done for the safety and protection of the loyal peo- 
 ple of Virginia. And, Sir, I would not be afraid to-day to place 
 my position and that of this Convention, for legality, and to stake 
 my life upon it, before the best jurists and statesmen in the civil- 
 
the People op Northwestern Virginia in 1861. 
 
 169 
 
 ized world, who understand anything about constitutional liberty, 
 and the facts with which we are surrounded, and risk their de- 
 cision. It would and must be in our favor. Reason, common 
 sense, precedent, everything, justifies us in carrying out this propo- 
 sition. I find, Sir, a high precedent in looking into the acts of our 
 fathers in the time of the Revolution — When Lord Dunmore left 
 the seat of Government of Virginia and went on board the man-of- 
 war, with his Council. 
 
 Speaking of the power of the President of the United States to 
 decide which is the true government, where there are two govern- 
 ments in a State, and one or both of which claim the protection of 
 the President under the Constitution of the United States, Chief 
 Justice Taney says : 
 
 “It is said that this power in the President is dangerous to liberty and 
 may be abused. All power may be abused if placed in unworthy hands.— 
 But it would be difficult, we think, to point out any other hands in which, 
 this power would be more safe, and at the same time more effectual. 
 When citizens of the same State are in arms against each other and the 
 constituted authorities unable to execute the laws, the interposition of 
 the United States must be prompt or it is of little value. The ordinary 
 course of proceedings in Courts of Justice would be utterly unfit for the 
 crisis. And the elevated office of the President, chosen as he is by the 
 people of the United States and the high responsibility he could not fail 
 to feel when acting in a case of so much moment appear to furnish as 
 strong safeguards against wilful abuse of power as human foresight 
 could well provide. At all events it is conferred upon him by the Con- 
 stitution and Laws of the United States, and must therefore be respected 
 in its judicial tribunals.” See Howard’s Reports, vol. 7, page 44. 
 
 But our action will be submitted to the President and Congress, 
 for tbeir recognition. In'loking into this subject, I find it has been 
 distinctly decided by the Supreme Court of the United States, that 
 where a state of facts like this exists — that is, two governments in 
 one State, they may both, or one of them, submit their claims to 
 the government of the United States, in which case the President 
 decides which is the true government of the State, from which there 
 can be no appeal. 
 
 Congress has only to see that the government so recognized is 
 republican in form. I am sure and satisfied that the President and 
 Congress must and will recognize us as the rightful government of 
 the State ; and will not only recognize us, but will applaud us for 
 the course we have taken, and see that we are sustained in carry- 
 ing it out. How could the President or Congress doubt on this 
 subject ? To do so would be to say by the forms of laws that we were 
 bound to lie till our hands and feet were tied; until our property 
 was taken from us, and ourselves swung upon the gallows! God’s 
 
170 Proceedings and Journals of the Conventions of 
 
 law, Nature’s law, man’s law never did impose any such obliga- 
 tions as these upon any man or any people, where they were act- 
 ing with a true and loyal heart and upright intention, and a de- 
 termination to assert legally their rights. Sir, there can he nothing- 
 in law, nothing in reason, nothing in principle or in practice, that 
 can be brought against us. Everything is in our favor, and every 
 thing must aid and sustain us in our efforts. 
 
APPENDIX B. 
 
 A DECLARATION OF RIGHTS 
 
 OF THE 
 
 PEOPLE OF VIRGINIA, 
 
 Represented in Convention, at the City of Wheeling, Thurs- 
 day, June 13, 1861.* 
 
 (As Changed, Amended and Adopted.) 
 
 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 subversive of this purpose, it is the right, it is the duty 
 of the latter to abolish it. The Bill of Rights of Virginia, framed 
 in 1776, re-affirmed in 1830, and again in 1851, expressly reserves 
 this right to a maojrity 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 
 majority, was therefore a usurpation; and the Convention thus 
 called has not only abused the powers nominally entrusted 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 inevitabley subject them to a mil- 
 itary despotism. 
 
 ♦This “declaration of rights” is one of the most important State papers 
 of West Virginia. As has been seen, it was reported .to the Convention at the 
 forenoon session, Thursday, June 13, 1861, by John S. Carlile, chairman of the 
 Committee on Business, otherwise known as the Committee of Seventeen. For 
 
 three days it was discussed at much length, and changes and amendments were 
 
 made. Thereafter it was engrossed on parchment, and late in the evening of June 
 
 17th, it was adopted by a vote of fifty-six yeas, nays none. Other members 
 
 recorded their votes as they came in, and three days later— -June 20th — it was 
 formally signed by eighty-three members. The copy here printed is an exact 
 reproduction of that used prefatory to the “Ordinances and Acts of the Restored 
 Government of Virginia, Prior to the Formation of West Virginia, with the Con- 
 stitution and Laws or’ the State of West Virginia to March 2, 1866.” Reprinted 
 by order of the Legislature that year. — V. A. L. 
 
172 Proceedings and Journals of the Conventions op 
 
 The Convention, by its pretended ordinances, has required the 
 people of Virginia to separate from and wage war against the gov- 
 ernment of the United States, and against citizens of neighbor- 
 ing States, with whom they have heretofore maintained friendly, 
 social and business relations: 
 
 It has attempted to subvert the Union founded by Washington 
 and his co-patriots, in the purer days of the republic, which has 
 conferred unexampled prosperity upon every class of citizens, and 
 upon every section of the country: 
 
 It has attempted to transfer the allegiance of the people to an 
 illegal confederacy of rebellious States, and required their sub- 
 mission 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 wher- 
 ever their usurped power extends, a reign of terror intended to 
 suppress the free expression of the will of the people, making elec- 
 tions 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 the property of the Federal Government, and by organiz- 
 ing and mobilizing armies, with the avowed purpose of capturing 
 or destroying the Capital of the Union: 
 
 They have attempted to bring the allegiance of the people of 
 the United States into direct conflict with their subordinate alle- 
 giance 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 measures and take such action as the safety and wel- 
 fare of the loyal citizens of Virginia may demand, having ma- 
 turely considered the premises, and viewing with great concern 
 Che 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 restitude of our intentions, do hereby, in the name and on 
 the behalf of the good people of Virginia, solemnly declare that the 
 preservation of their dearest rights and liberties and their secu- 
 rity in person and property, imperatively demand the reorganiza- 
 tion of the government of the Commonwealth, and that all acts of 
 
the People op Northwestern Virginia in 1861. 
 
 173 
 
 said Convention and Executive, tending to separate this Common- 
 wealth 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, whether legislative, 
 executive or judicial, are vacated. 
 
APPENDIX C. 
 
 AN ADDRESS OF TIIE SECOND CONVENTION OF THE 
 PEOPLE OF NORTHWESTERN VIRGINIA— IN 
 SESSION AT WHEELING. 
 
 ISSUED ON THE 25TH DAY OF JUNE, 1861. 
 
 The Delegates now assembled in Convention at Wheeling, deem 
 it proper to address their fellow-citizens throughout the Common- 
 wealth, in explanation and vindication of the course they have 
 unanimously felt it incumbent on them to pursue. 
 
 It is only necessary to allude briefly to the circumstances which 
 called this Convention into existence, to justify, in the fullest man- 
 ner, any resumption of authority by the people in whose name 
 they act. The General Assembly, which met in extra session at 
 Richmond, in January last, without the excuse of impending dan- 
 ger or other grave necessity, and without constitutional au- 
 thority, convened a Convention, “to adopt such measures as they 
 may deem expedient for the welfare. of the Commonwealth;” thus 
 tamely relinquishing the very power reposed in themselves by the 
 Constitution, and, as the sequel proved, with a corrupt purpose. 
 Elections were held for delegates to the proposed Convention, and 
 it being then clearly understood that an active and influential 
 party favored the secession of the Commonwealth from the United 
 States, the issue presented everywhere was clearly “Secession” or 
 “No Secession”. We need not remind you that by a very large 
 majority of the voters of the Commonwealfji, secession was rejected 
 and repudiated, by the election of delegates professedly opposed to 
 that iniquity, nor that a. still larger majority required that any act 
 of that Convention, altering the fundamental law or affecting the 
 relations of the State, should be submitted to the people, and with- 
 out the approbation of a majority, expressed at the polls, should 
 have no force or effect. 
 
 The proceedings of that Convention up to the seventeenth of 
 
176 Proceedings and Journals op the Conventions op 
 
 April last, were evidently intended by those in the secret to per- 
 suade the members favorable to the perpetuity of the Union and 
 the people at large, that it was intended to propose terms on which 
 it could be maintained. — On the day named the mask was thrown 
 aside and the Secession Ordinance was passed. This was done in 
 secret session, and no immediate promulgation of the facts was 
 made to the people ; nor until since this Convention assembled, was 
 the injunction of secrecy so far removed that the vote on the pas- 
 sage of the ordinance was made public. It now appears that more 
 than one-third of the whole Convention voted against it, and that 
 nine members were absent. Up to this day the debates which pre- 
 ceded the vote are concealed from the people, who are thus denied 
 a knowledge of the causes which, in the opinion of the majority, 
 rendered secession necessary and justified so gross a disregard of 
 their lately expressed will. 
 
 Under the legislative act calling the Convention, from which 
 alone that body derived its authority, and under the vote of the 
 people provided for by that act, the secession ordinance had no 
 legal effect until ratified at the polls by a majority of the voters of 
 the Commonwealth. The leaders of the secession movement, whose 
 conduct proved them to be conspirators against the State of Vir- 
 ginia and the peace and welfare of her people, did not wait until 
 the time fixed for this ratification to begin their overt acts of trea- 
 son against the Government and people of the United States, as 
 well as the State and people for whom they professed to act. In- 
 deed, two days before the adoption of the ordinance, with the con- 
 nivance, or, as is alleged, in defiance of a feeble Executive, they 
 levied war against both by sending their emissaries to capture the 
 Harper’s Perry Armory, and to obstruct the entrance of the har- 
 bor on which is situated the Gosport Navy Yard. This bold as- 
 sumption of authority was followed by numerous acts of hostility 
 against the United States ; by the levy of troops to aid in the cap- 
 ture of the National Capital and the subversion of the National 
 authority, and, to crown the infamy of the conspirators, with whom 
 the Executive had now coalesced, by an attempt, without even the 
 pretence of authority or acquiescence of the people, to transfer 
 their allegiance from the United States to a league of rebellious 
 States, in arms against the former. 
 
 In this state of things, the day arrived when the people were to 
 vote for or against the Secession Ordinance. Threats of personal 
 
the People op Northwestern Virginia in 1861 . 177 
 
 « ( 
 injury and other intimidations, such as had been uttered upon the 
 floor of the usurping Convention against the remaining friends of 
 the Union there, were used by the adherents of the conspirators 
 in every ccounty of the State. Judges charged the Grand Juries 
 that opposition to disunion would he punished as treasson against 
 the Commonwealth; and the armed partizans of the conspirators 
 in various places, arrested, plundered and exiled peaceable citi- 
 zens, for no other crime than their adherence to the Union their 
 fathers had constructed and under which they had been horn and 
 lived in prosperity and peace. ¥e are not apprised by any official 
 announcement of the result of the vote taken under such circum- 
 stances ; but, whatever the result may be, we denounce it as unfair 
 and unjust, and as affording no evidence of the will of the people 
 on the subject actually presented for their suffrages, and much less 
 of their consent to the self-constituted oligarchy of the South. 
 
 In the point of view in which this result, and the transactions 
 which inevitably led to it, should be examined by the people of 
 Virginia, it is unimportant whether secession was of itself de- 
 sirable or not desirable; becanse the end cannot justify the means, 
 if the latter are illegal and unholy. In the present case the great 
 principle which underlies all free government: the principle that 
 the will of the people is the supreme law, or as expressed in the Dec- 
 laration of Independence, that ‘ ‘ Governments derive their just pow- 
 ers from the consent of the governed,” and in our own Bill of 
 Rights, that “all power is vested in and consequently derived from 
 the people, : ’ has not only been violated and set at naught, but has 
 been trampled under foot. In the call of the Convention, in the acts 
 of that body, in the circumstances preceding and accompanying the 
 late election, a continued effort has been made, with what success 
 you know, not merely to desregard the will of the people, but to set 
 at defiance, and to establish the counter principle that the few 
 should govern the many. The men justly termed conspirators and 
 usurpers, because they cannot show your warrant for their acts, 
 were, when 'this Convention met, practically in full possession of 
 every branch of the State government, and still claim the right 
 to exercise their usurped power; and if you submit to their acts 
 of secession and affiliation with usurpers like themselves, you yield 
 to them the right to govern you in perpetuity. Will your Bill of 
 Rights and Constitution afford you any protection against those 
 who have already violated both? Will your connection with a 
 
178 Proceedings and Journals of the Conventions of 
 
 • 
 
 pretended Confederacy, in every State of which the leaders have 
 openly and directly refused to submit their similar acts to the ap- 
 proval or rejection of their people, aid you in the recovery of the 
 fundamental right of which you have been so wantonly robbed? 
 
 But is secession right, or is it desirable if it is right? iWe will 
 not amplify the argument on the first branch of this enquiry. The 
 ratification of the Constitution of the United States by our own 
 Commonwealth, in express terms, reserves the right to abrogate it 
 to those by whom it was made, the People of the United States ; 
 thus repudiating in advance the modern doctrine of. separate State 
 secession. This is in strict accordance with the views of our elder 
 statesmen, whose patriotism and ability are held in reverence, not 
 only by us and by our fellow citizens of the Union, but by good 
 men throughout the world. It is the logic of every honest heart, 
 that a contract, a compact, or call it what you will, can only be set 
 aside by the joint act of those by whom it was made. 
 
 But why should secession be desirable? "Why should Virginia 
 desire to withdraw from that Union of which she has been for so 1 
 long an honored member — that Union, tire accomplishment of which 
 illumines with the brightest rays her own history and the lives of 
 her most distinguished sons? Shall it be said that what she toiled 
 to achieve in 1787, was destroyed by her own act in 1861 ? Is there 
 on the page of history the story of a nation that has risen more 
 rapidly to prosperity and power, or more steadily advanced in in- 
 tellectual and moral culture ? There is no such nation, nor is there 
 among the thirty-four States, one which has profited more by the 
 association, or one which would suffer more from its dissolution, 
 as is sufficiently indicated by our geographical position. 
 
 Impressed with these views, the Northwestern counties of the 
 State, knowing that, a large majority of their people remained 
 and would remain faithful to the Union under all circumstances, 
 met in Convention at Wheeling on the 13th day of May last, to 
 consult upon their condition and to take such steps as it might 
 indicate. It was literally a mass Convention, and from the irregu- 
 lar manner of the appointment of its delegates, was not calculated 
 for the despatch of business. As the result of its deliberations, 
 the Convention which now addresses you was called, the represen- 
 tation in which is proportioned to that of the General Assembly. 
 The number of counties actually represented is thirty-four, and 
 we have reliable assurance that several which are now with us 
 
the People of Northwestern Virginia in 1861 . 
 
 179 
 
 in spirit, will ere long be present by their regularly appointed 
 delegates. Considering that in so many counties every ex- 
 pression of opinion unfavorable to the conspirators is suppressed, 
 the number already represented is larger than could have been 
 anticipated. Several of the, delegates present escaped from their 
 counties at the risk of their lives, while others are still detained 
 at home by force or menace against them or their families and 
 property. Such is doubtless the case in other counties from 
 which we have no information. 
 
 Two courses of action were presented to those who now address 
 you upon their organization; both of which had been debated 
 in the previous Convention at this place. The first was the im- 
 mediate separation of the Western or Northwestern counties from 
 the residue of the State. This was the result rather of a previous 
 and growing belief, now amounting to conviction in the minds 
 of all throughout this section of the State, that diversity, almost 
 opposition of interests; different directions of the channels of 
 trade, and the want of legislation adapted to their conditions, and 
 indispensable to their moral and material prosperity, rendered the 
 separation desirable under any and all circumstances. But 
 aside from the constitutional requirements which made its ac- 
 complishment almost impossible while hostilities continued, the 
 consideration that to separate now, would be to separate from 
 many who, under circumstances even more adverse than those by 
 which they had been themselves surrounded, had maintained 
 their loyalty to the Federal Government, caused the abandonment 
 of this course at this time. On the other hand, a sense of duty 
 to those who like themselves,- were constrained to repudiate the 
 action of the Richmond Convention and the State authorities, 
 demanded that such a course should be taken as would enable all 
 the loyal citizens of the Commonwealth to participate in its ad- 
 vantages, and to enjoy the security it might offer. 
 
 Besides submission to palpable usurpation, there was then 
 but one alternative, namely, under the authority of numerous pre- 
 cedents in the history of nations, to assume the conduct of the 
 government, on the ground that those previously intrusted with 
 its administration, by their numerous illegal and unconstitutional 
 acts in plain derogation of the rights of the people, had, in the 
 language of the Declaration of Independence, “abdicated govern- 
 ment by declaring us out of their protection, and waging war 
 
180 Proceedings and Journals of the Conventions of 
 
 against 11s;” whereby, in the words of the same instrument, “the 
 legislative powers, incapable of annihilation, have returned to 
 the people for their exercise.” This Convention, therefore, in 
 humble, hut, as they hrmiy believe, proper imitation of the sages 
 of ’7G, have, “in the name and on behalf of the good people of 
 Virginia,” issued their Declaration, “that the preservation of 
 their dearest rights and liberties, and their security in person and 
 property, imperatively demand the reorganization of the govern- 
 ment of the Commonwealth.” 
 
 In pursuance of the Declaration, we have passed such ordinances 
 as are immediately necessary to re-organize the government, and 
 put it in operation. We have appointed a Governor, Lieutenant 
 Governor, Attorney General and Executive Council, leaving to the 
 General Assembly, which we have directed to be convened at a 
 very early day. to fill, or to provide for filling, all other offices 
 as soon as in their judgment, it can be properly done. The terms 
 of the officers we have appointed, are limited to six months or until 
 the election and qualification of their successors, for which the 
 General Assembly is authority to provide at the earliest possible 
 period. In all this, our fellow citizens will clearly perceive that 
 there has been no disposition to assume any power or authority not 
 demanded by the exigencies of their present unhappy condition, 
 or to retain it longer than a regard for their highest interests 
 may require. 
 
 In reply to remarks which have been made abroad, we deem 
 it proper to say that we have seen no occasion to take any steps 
 in reference to the debt of the State. The idea of the repudiation 
 of any part of it which was legally contracted has not been ex- 
 pressed or entertained by any member of the Convention. The 
 only notice the subject has received, has been in connection with 
 the proposed separation of the Western counties, and whenever it 
 has been thus named, those desirous of separation, have invariably 
 expressed their willingness to assume their equitable portion of 
 the burden. Any promises of payment or projects of arrange- 
 ment at this time, when the very existence of the Commonwealth 
 is threatened, would be ivorse than idle. 
 
 Under all these circumstances, with the firm conviction that 
 the course adopted is the only one by ivhich the State can be re- 
 tained in the Union, and the liberties and rights of the people 
 secured and perpetuated, we most earnestly call upon our loyal 
 
the People op Northwestern Virginia in 1861. 
 
 181 
 
 fellow-citizens in every county of the Commonwealth, who are not 
 already represented in the General Assembly and in this Conven- 
 tion, to elect members of the Legislature, and appoint Delegates 
 to this body, at the earliest possible moment, — -Writs of election 
 will be issued by the Executive whenever it appears that they can 
 be executed, and Representatives froten every county will be most 
 cordially received. No suspension or essential change of any- 
 jiart of the Constitution of Laws of the Commonwealth, unless 
 positively demanded by the exigencies of the times, will be made, 
 until the will of the whole people or of their authorized represen- 
 tatives, cap be freely expressed and such changes as have been or 
 may hereafter be so demanded, will be submitted for ratification 
 at an early day. 
 
 We- call upon the loyal citizens of the Commonwealth, to orga- 
 nize and arm for its defense against the conspirators and usurpers 
 at Richmond, and their aiders and abettors. Plans will imme- 
 diately be devised to give to such organizations, the greatest effi- 
 ciency. The General Govermnent will aid and protect us to the 
 utmost of their power, and will most unquestionably recognize the 
 re-organized government, as the true and legitimate government 
 of the State. They cannot and will not do otherwise. 
 
 The re-organized Government appeals to the great body of the 
 people, for countenance and support in this hour of great anxiety 
 and trial. They do sc confidently, because, while there have been 
 many defections from the great and holy cause of “Liberty and] 
 Union,” among those to whom you have been accustomed to look 
 for political information and direction, there have been compara- 
 tively few among yourselves. In this matter, wffiich appeals to 
 your dearest rights and interests, you have responded spontaneous- 
 ly to the promptings of your honest hearts. Tour own experi- 
 ence has taught you the great benefits of the Union, and yon 
 recognize the great principle, that a government so beneficial in 
 its operations, so mild in its requirements, so powerful to protect, 
 and constituted as to diffuse throughout an immense territory 
 the blessings of prosperity and happiness, “should not be changed 
 for light and transient causes.” In every country where the 
 free expression of your views has been permitted, your majori- 
 ties in favor of the maintenance and perpetuity of the Union, 
 have far exceeded the calculations of the most sanguine among 
 your friends. Persevere then, in your most holy war against 
 
182 Proceedings and Journals op the Conventions op 
 
 the corrupt and perjured oligarchy, who have usurped your gov- 
 ernment, and would have sold you to the ambitious despots of an 
 unholy affiliation. In such a cause, we may look for the bless- 
 ings of that Holy One, who has made it a part of His Divine 
 Providence, that those, who in purity of heart and purpose, strive 
 for the preservation of their dearest rights, their homes and their 
 country, although the struggle may be protracted for long and 
 weary years, shall never strive in vain. 
 
 By order of the Convention. 
 
 Arthur I. Boreman, President. 
 
 Gibson L. Cranmer, Secretary. 
 
JOURNAL 
 
 OF THE SECOND OR ADJOURNED SESSION, OF THE SEC- 
 OND CONVENTION OF THE PEOPLE OF NORTHWEST- 
 ERN VIRGINIA, RE-ASSEMBLED AT WHEELING, 
 AUGUST 6, 1861, AND ADJOURNED SINE DIE AUGUST 
 20TH, ENSUING. 
 
 ADJOURNED SESSION— FIRST DAY, 
 
 TUESDAY, AUGUST 6, 1861. 
 
 The State Convention which adjourned on the 25th of June last 
 re-assembled yesterday, pursuant to adjournment, at two P. M., in 
 the United States Court Room in the Custom House of this city. 
 
 The President, Arthur I. Boreman, of Wood county, resumed 
 the Chair and called the Convention to order. 
 
 The sitting was opened with prayer by Rev. Gorden Battelle, of 
 the M. E. Church. 
 
 Mr. West, of Wetzel, offered the following preamble and resolu- 
 tion, which were adopted : 
 
 Whereas. The members of this Convention are satisfied that a large 
 majority of the good and loyal citizens of Western Virginia are in favor of 
 a division of the State, yet there seems to exist a difference of opinion 
 as to the proper time, as well as the proper means to be used to effect 
 the object; therefore 
 
 Resolved , Toy the Convention, That in order to .produce harmony and 
 facilitate action, the President of the Convention appoint a committee 
 consisting of one member from each county represented in this Conven- 
 tion, whose duty it shall be to take the whole subject of a division of 
 this State into consideration', as a basis upon which the Convention may 
 act, and report to this body at the earliest day possible. 
 
 Mr. Frost, of Jackson, moved, as several members of the Com- 
 mittee on Credentials were absent, that three additional members 
 be appointed. 
 
 The motion was agreed to, and Messrs. Nicholls of Brooke, Cald- 
 well, of Marshall, and Jackson of Lewis, were appointed. 
 
 On motion of Mr. Van Winkle of Wood, it was ordered that 
 the Committee on Credentials have leave to sit during sessions of 
 the Convention. 
 
184 Proceedings and Journals op the Conventions op 
 
 Mr. Frost presented the Credentials of James Smith of Jackson, 
 as claimant to a seat in the Convention. 
 
 The papers were referred to the appropriate Committee. 
 
 Mr. Fole^;, of Doddridge, offered the following: 
 
 Resolved, That the Committee on Business inquire into the expe- 
 diency of repealing the Stay Law enacted at the late session of the 
 Legislature. 
 
 On the question of adopting the resolution, Mr. Foley demanded 
 the yeas and nays. 
 
 The demand was not sustained, and the question being taken by 
 yeas and nays, the resolution was lost. 
 
 Mr. Yan Winkle offered the following series of resolutions of 
 inquiry : 
 
 1. Resolved, That the Committee on Business inquire into the expe- 
 diency of abolishing the Board of Public Works and conferring the pow- 
 ers and duties thereof on the Governor and Council. 
 
 (Mr. Van Winkle said it would be remembered that a bill abol- 
 ishing this board, passed the Legislature, but as the Constitution 
 requires a three-fifths vote to abolish the Board of Public Works, 
 and the vote by which it was passed, it was thought by some did 
 not meet the requirements, that act might be null. This resolution 
 merely proposed to make good that enactment.) 
 
 2. That the Committee on Business inquire into the propriety of de- 
 volving on the Auditor elected under ordinance of this Convention, the 
 duties of both the first and second auditor, as prescribed by the Consti- 
 tution and laws. 
 
 3. That the Committee on Business inquire into the propriety of de- 
 fining by ordinance what acts of persons lately holding office under the 
 Commonwealth, shall be deemed (and taken to be such) as adhering 
 to the Richmond Convention, and late Executive so as to vacate their 
 offices under the last clause of the Declaration adopted by this Convention 
 on the 17th day of June last. 
 
 4. That the Committee on Business, be directed to inquire into the 
 exepdiency of providing for the arrest and punishment of such persona 
 as shall exercise or attempt to exercise the powers and authorities, or 
 perform the duties of an office, which shall have been declared vacant 
 under the ordinance of this Convention. 
 
 5. That the Committee on Business, report an ordinance, declaring 
 that the ordinances and other acts of the Convention which assembled 
 at Richmond on the 13th of February last, are null and void and of no 
 force. 
 
 6. That the Committee on Business report an ordinance providing 
 for the publication of the ordinances of this Convention, and the public 
 laws passed or hereafter to be passed by the General Assembly, in one 
 newspaper printed in each county of the Commonwealth if any there 
 be, to bo paid for at the same rates as are allowed for the newspaper 
 publication of the laws of the United States. 
 
 The resolutions were adopted and sent to the Committee on Bus- 
 
 iness. 
 
the People op Northwestern Virginia in 1861. 
 
 185 
 
 Mr. Van Winkle remarked that as the Chairman of that Com- 
 mittee (Mr. Carlile) was at Washington, as the second had not ar- 
 rived, and the third had been Mr. Pierpont, now Governor, the 
 fourth on the Committee, Mr. Hagans, of Preston, became the 
 Chairman. 
 
 Mr. Hagans said he would waive the order in favor of the gen- 
 tleman from Wood, (Mr. Van Winkle). 
 
 Mr. Van Winkle hoped the gentlemen would not do so, at least 
 not till after calling the committee together. The committee could 
 then make any arrangements they pleased. 
 
 Mr. Hagans consented, and named eight [o’clock] next morning 
 for a meeting of the Committee of Seventeen. 
 
 Mr. Frost moved that when the Convention adjourn, it adjourn 
 till 3 P. M. to-morrow. 
 
 The motion was agreed to, and the Convention then adjourned. 
 
 ADJOURNED SESSION— SECOND DAY. 
 
 i 
 
 WEDNESDAY, AUGUST 7, 1861. 
 
 The Convention met at three P. M. 
 
 Minutes of yesterday were read and approved. 
 
 Mr. Brown, of Preston, from the Committee on Credentials, pre- 
 sented the report of that Committee, stating that George Koontz, 
 of Jefferson, Blackwell Jackson, of Lewis, Thomas Gather of Taylor, 
 Andrew Flesher 1 and James Scott of Jackson, are entitled to seats 
 in the Convention as members of the same. 
 
 The Chair stated that such of the gentlemen as were members of 
 the Convention by virtue of their membership in the Legislature, 
 would not need to take the oath, as they had already taken it in 
 qualifying as members of the Legislature. 
 
 Messrs, Koontz and Smith then came forward and the oath of 
 office was administered to them by the President. 
 
 Mr. Fleming, of Harrison, offered the following resolution: 
 
 Resolved, That the Committee on Business inquire into the expediency 
 of reporting an Ordinance confiscating the real estate of all per- 
 sons in this Commonwealth who have left their homes and taken up 
 arms in rebellion against the government of the United States. 
 
 Mr. Crane, of Randolph, said he did not see why they should 
 subject the real estate to confiscation, and not the personal, of the 
 
 1. In the report of the proceedings of this day, printed in the Intelligencer oil 
 Wheeling, it is stated that Andrew Flesher was from Mason county. This is an 
 error. He was certainly from Jackson county. — V. A. L. 
 
186 Proceedings and Journals op the Conventions op 
 
 parties named. He moved to amend the resolution so as to make it 
 read ‘ ‘ real and personal. ’ ’ 
 
 Mr. Fleming accepted the amendment. 
 
 The resolution was then adopted. 
 
 Mr. Crane, of Randolph, offered the following: 
 
 Resolved, That the Committee on Business inquire into the expedi- 
 ency of allowing the Sheriffs and other collectors of the public revenue, 
 an additional compensation to that now allowed by law for a limited 
 time. 
 
 Adopted. 
 
 Mr. Farnsworth, of Upshur, offered the following: 
 
 .Whereas, The late Legislature refused to give its consent for a divis- 
 ion of the State or the formation of a new State; and, whereas, we deem 
 it necessary in compliance with the Constitution of the United States 
 to have such consent before the creation of a new State, therefore 
 
 Resolved, That we deem it unwise at this time for this Convention to 
 take action for a division of the State, and that when it adjourns on 
 Friday next, it will adjourn sine die. 
 
 Mr. West moved to lay the resolution on the table. It was cal- 
 culated to embarrass the prosecution of business, and he did not 
 want to get into another snarl. 
 
 Mr. Van Winkle moved to amend by referring the resolution to 
 the committee on the subject raised yesterday. He subsequently 
 withdrew the motion. 
 
 Mr. Hagans said he was instructed by Dr. Parsons, who was un- 
 well, to have him sent foFby the Sergeant-at-Arms, if any test vote 
 should be taken. 
 
 Mr. West thought the Convention should at once put down ev- 
 erything calculated to impede its business, and of course such a 
 resolution as this would do it. 
 
 Mr. Farnsworth demanded the yeas and nays. 
 
 Mr. Crane, of Randolph, said it was his impression that accord- 
 ing to the rules adopted for the government of the Convention, the 
 resolution having been objected to, must lie over. 
 
 The President said there was no such rule as far as he was 
 aware. 
 
 Mr. Van AYinkle thought the resolution should take the same 
 direction as the resolutions yesterday. He had made his motion to 
 amend with that view. If the yeas and nays were to be called he 
 would have to call for a division of the question, for the resolution 
 provides for two distinct objects, an expression of sentiment, as 
 well as an adjournment. 
 
 Mr. Crane, of Randolph, thought the preamble might go to a 
 committee, but the latter part could not. 
 
the People of Northwestern. Virginia in 1861 . 
 
 187 
 
 Mr. Martin, of Wetzel, wished to say a word or two about the 
 disposition of the resolution. 
 
 The President said the question before the Convention was not 
 debatable, and that the first question was on the motion to divide 
 the question. 
 
 Mr. West had not understood the gentleman from Wood to call 
 for a division of the question. His motion was to refer. If he did 
 so, it was after the yeas and nays were demanded. After a motion 
 to lay upon the table, there was no parliamentary rule that justified 
 the division of the question. The motion to lay on the table car- 
 ries the whole subject with it. 
 
 Mr. Frost had understood the gentleman from Wood to call for 
 a division, of the question. 
 
 The President- — He did. 
 
 Mr. Frost — He certainly did so before the call was made for 
 the yeas and nays. 
 
 The President said it was for the Convention to decide whether 
 they would divide, and whether they would lay the resolution on 
 the table, or part of it. 
 
 The question, shall the question be divided? was put and de- 
 cided in the negative. 
 
 The question recurred on laying the resolution on the table. 
 
 On this question the yeas and nays, having been demanded and 
 the demand sustained, were taken and resulted as follows : 
 
 Yeas: — Messrs. Berkshire, Burley, Brown, Burdett, Broski,' Barrick, 
 Crawford, Crane of Preston, Crane of Randolph, Cather, Caldwell, Carslca- 
 don, Davidson, Douglas, Foley, Fleming, Hale, Hagans, Hooton, Howard, 
 Jackson, Kramar, Koontz, Lightburn, Love, Martin of Wetzel, Mason, 
 Michael, Myers, Nicholls, Smith, (C. W.) Slack, Snider, Swan, Taft, West, 
 Withers, Williamson of Pleasants and Zinn. — 39. 
 
 Nays: — Messrs. Atkinson, Boreman of Tyler, Barns, Brumfield, Downey, 
 Farnsworth, Flesher, Fast, Frost, Graham, Harrison, Hubbard, Johnson, 
 Logan, Porter, Ritchie, Sinith (Fontain), Scott, Stuart, Trout, Todd, 
 Van Winkle, Wilson, Watson, and Boreman of Wood ("President.) — 25. 
 
 Remainder of members absent. 
 
 So the motion prevailed, and the resolution went to the table. 
 
 The President said: “The gentleman from Doddridge (Mr. 
 Foley) yesterday offered a resolution of inquiry in regard to a re- 
 peal of the Stay Law, aad asked for the yeas and -nays upon it. 
 The Chair decided at the time that there was not a sufficient num- 
 ber up to sustain the demand : In [this] that he had been mistaken, 
 not having read the rule since he left the Chair at the close of the 
 other session. The rule requires seven besides the mover. He had 
 confounded it with the rule requiring twenty to second a call 1 for 
 
188 Proceedings and Journals of the Conventions of 
 
 the previous question. The gentleman was entitled to the yeas and 
 nays on his resolution.” 
 
 The resolution was read by the Clerk as follows: 
 
 Resolved , That the Committee on Business inquire into the expediency 
 of repealing the Stay Law passed during the late session of the Legisla- 
 ture. 
 
 Mr. Stuart said it was a mere resolution of inquiry, and he 
 hoped the house would grant the gentleman the favor. 
 
 The President said the gentleman from Doddridge had a right 
 to demand the yeas and nays, and he would now again put the 
 question, is the demand for the yeas and nays sustained? 
 
 A sufficient number rose, and the question on the adoption of 
 the resolution was put. The roll was called and resulted yeas, 24 ; 
 nays, 41. 
 
 So the resolution was rejected. 
 
 The President then announced the following gentlemen as the 
 Committee appointed under the resolution of the gentleman from 
 Wetzel, (Mr. West.) 
 
 COMMITTEE ON A DIVISION OF THE STATE. 
 
 Messrs. West of Wetzel, Crawford of Hancock, Nicholls of Brooke, 
 Wilson of Ohio, Burley of Marsl$ill, Johnson of Tyler, Stuart of 
 Doddridge, Williamson of Pleasants, Douglas of Ritchie, Van Win- 
 kle of Wood, Flesher of Jackson, Wetzel of Mason, Brumfield of 
 Wayne, Kramer of Monongalia, Barns of Marion, Cather of Taylor, 
 Zinn of Preston, Parsons of Tucker, Crane of Randolph, Myers of 
 Barbour, Smith of Upshur, Lightburn of Lewis, Withers of Gil- 
 mer, Davis of Harrison, Graham of Wirt, Slack of Kanawha, Trout 
 of Hampshire, Hawxhurst of Fairfax, and Miner of Alexandria. 
 
 Mr. Flesher offered the following resolutions: 
 
 1. Resolved, That the Committee on a Division of the State be re- 
 quested to inquire into the expediency Of taking the sense of the peo- 
 ple in all the counties lying west of a line from the northeast corner 
 of Tennessee and running to the top of the Allegheny mountains to the 
 State of Maryland, on the question of a division of the State. 
 
 2. That the sense so required shall be taken by a vote in the usual 
 forms at the several places of holding elections in the said counties, 
 on a day fixed by this Convention in the month of October next. 
 
 3. That if a majority of the voters shall cast their votes on that day 
 in favor of a division of the State, the Legislature shall be requested 
 and empowered to pass a law calling a Convention to assemble at the 
 Capital at Wheeling, at as early a day as may be, for the purpose of 
 forming a constitution, and doing all other things necessary to be done 
 for the proper organizing of Western Virginia into a State to be called 
 the State of New Virginia. 
 
the People op Northwestern Virginia in 1861. 
 
 189 
 
 The resolutions were referred to the Committee on a Division of 
 the State. 
 
 Mr. Todd, of Taylor, offered the following: 
 
 Wiiekeas, The Legislature of this Commonwealth, which met in 
 Wheeling during the month of July, 18G1, did refuse to give her consent 
 for a division of the State, therefore 
 
 Resolved, That this Convention deem it inexpedient at this time to fur- 
 ther legislate on the subject. 
 
 Referred to Committee on a. Division of the State. 
 
 Mr. Van Winkle reported from that Committee, ordinances with 
 the following titles : 
 
 An Ordinance declaring null and void the proceedings of the Rich- 
 mond Convention of 1861. 
 
 An Ordinance providing for the discharge of the duties of the office 
 of Second Auditor. 
 
 An Ordinance providing for the publication in newspapers of the 
 Ordinances of this Convention and the laws passed by the General 
 Assembly. 
 
 An Ordinance providing for the discharge of the duties of the Board 
 of Public Works. 
 
 The ordinances thus reported were laid on the table, and ordered 
 to be printed. 
 
 Mr. Stuart moved to suspend the rule for the purpose of re- 
 considering the vote referring the resolution offered by the gentle- 
 man from Taylor (Mr. Todd.) 
 
 Lost. 
 
 Mr. Van Winkle moved that the convention, when it adjourn, 
 adjourn to meet at 11 o’clock next morning. The Committees need 
 more time than the Convention, and this would give them some 
 time to prepare business. 
 
 The mofton was agreed to. 
 
 The Convention then adjourned. 
 
 ADJOURNED SESSION— THIRD DAY. 
 
 THURSDAY, AUGUST 8, 1861. 
 
 The convention met at 11 A. M. 
 
 Prayer by Rev. J. T. McClure, of the United Presbyterian 
 Church. 
 
 Minutes of yesterday were read and approved. 
 
 Mr. Carlile said he had drawn up some resolutions which he 
 
190 Proceedings and Journals of the Conventions of 
 
 desired to submit to the Convention as a sort of test of their senti- 
 ment on a question which he believed had occnpied their time since 
 their meeting — a division of the State. He wished to offer some re- 
 marks in support of them though he was advised that his health 
 would not permit him to enforce his views as he would like to. He 
 would submit the resolutions merely as suggestive, and the Conven- 
 tion could dispose of them as they saw fit. He then desired to give 
 the reasons that forced themselves upon his mind, and brought him 
 to the conclusion that action in the direction pointed out in the 
 resolution should be at once taken. He read the resolutions as 
 follows : 
 
 Resolved, That the Committee on Business be instructed to report an 
 ordinance providing for the formation of a separate State out of, and to 
 be composed of the following counties, to-wit: Jefferson, Berkeley, Mor- 
 gan, Hampshire, Hardy, Barbour, Braxton, Brooke, Cabell, Calhoun, 
 Clay, Doddridge. Gilmer, Hancock, Harrison, Jackson, Kanawha, 
 Lewis, Marion, Marshall, Mason, Monongalia, Ohio, Pleasants, 
 Ritchie, Putnam, Randolph, Preston, Roane, Taylor, Tucker, Tyler, Up- 
 shur, Wood, Wayne, Webster, Wirt, Wetzel. — 38. 
 
 2. That the Committee on Business be instructed to report an ordi- 
 nance providing that any county lying contiguous to the boundary pro- 
 posed for the new State, a majority of whose people shall express a de- 
 sire to be admitted into the proposed new State, shall form a part 
 thereof. 
 
 3. That the same Committee be instructed to report a constitution 
 and form of government for the said proposed State, to be submitted 
 to the people thereof for ratification or rejection, a.t the polls, on the 4th 
 day of October next, and at the same time the sense of said voters to be 
 taken on the question of the formation of said new State. 
 
 Mr. Carlile followed at length in support of his resolutions, and 
 was replied to briefly by Mr. Stuart, who moved to lay the resolu- 
 tions on the table. 
 
 [The remarks of these gentlemen will appear as early as practi- 
 cable. — Editor] . 
 
 Mr. Snider demanded the yeas and nays, and the demand was 
 sustained. 
 
 Mr. Crane, of Randolph, did not think the resolutions ought to 
 be laid on the table. They had already wasted an hour in the dis- 
 cussion — 
 
 Mr. Stuart inquired if the motion to table was debatable at 
 
 this time. 
 
 The President said the merits of the question could not be 
 argued. 
 
 1. The speeches of John S. Carlile and Chapman J. Stuart, here referred 1 9 
 by the editor, were printed in the Daily Intelligencer of Wheeling, August 10, 1861, 
 and are reproduced therefrom in full in Appendix B at the end of the Journal of 
 this session of the convention. — V. A. L. 
 
the People of Northwestern Virginia in* 1861. 191 
 
 Mr. Crane had desired to say something on the merits of the 
 question, but supposed under the rule he would be precluded. He 
 had always, in his short experience, opposed laying resolutions on 
 the table as a waste of time. An indefinite postponement effected 
 something, as it was generally equivalent to a defeat, but laying on 
 the table only gave time for a renewal of the fight, exhausting our 
 energies, and consuming time without accomplishing anything. — 
 
 The President read the rule, that "when a motion to lay on the 
 table is made, there shall be no debate on that or on any incidental 
 question arising out of it.” 
 
 Mr. Crane gave way. 
 
 Mr. Caldwell, of Marshall, moved that the gentleman from 
 Randolph be permitted to discuss not only the motion to lay upon 
 the table but the merits of the question. 
 
 Mr. Lightburn said he intended to vote for the resolutions, but 
 as the hour of 12 had passed, he moved a recess till 2 o’clock, 
 
 Mr. Hooton called the previous question of laying on the table. 
 
 Mr. Dorsey rose to a point of order, and inquired if a motion to 
 adjourn could be entertained when a question was about to be 
 put? 
 
 The President thought not after having proceeded to take the 
 vote ; but sometimes a question was discussed for days, and if they 
 could not take a recess they would have to sit a good while without 
 anything to eat. 
 
 Mr. Stuart inquired if the question would not have to be put 
 before the motion to adjourn, could be entertained? 
 
 The President thought not. 
 
 Mr. Dorsey desired to know whether any business could inter- 
 vene between the calling for the yeas and nays, and the putting 
 of the question itself. 
 
 Mr. Carlile said Ijis little experience taught him that a motion 
 to adjourn can be put at any time after the yeas and nays have 
 been ordered, before a response to the call. A motion to adjourn 
 was always in order under their rules, and under general parlia- 
 mentary law. 
 
 Mr. Lightburn had made his motion because, under the motion 
 of the gentleman from Marshall, time would be consumed in a dis- 
 cussion that could not now be so disposed of. If he would with- 
 draw the motion to allow the discussion to proceed, he (Lightburn) 
 would withdraw his, otherwise, he must insist on it. 
 
192 Proceedings and Journals of the Conventions of 
 
 * 
 
 Mr. Caldwell declined to do so. 
 
 The question was then put, and the Convention took a recess till 
 2 P. M. 
 
 ? 
 
 AFTERNOON SESSION. 
 
 Convention met at two o’clock. 
 
 The President said the pending question was, “Shall the mem- 
 ber from Randolph be permitted to address the House on the merits 
 of the question of laying the resolutions offered by the gentleman 
 from Harrison upon the table.” 
 
 A running discussion of some length ensued. 
 
 Mr. Crane did not wish the matter to be pressed. 
 
 Mr. Nicholls asked his friend from Doddridge to withdraw his 
 motion to lay on the table, in order that he might make a motion to 
 refer to the Committee on a Division of the State. 
 
 The President said it could not be done. 
 
 After some further parley, the yeas and nays, having been or- 
 dered on the question to lay the resolutions on the table, were ta- 
 ken and resulted as follows : 
 
 Yeas: — Messrs. Atkinson, Bo reman of Tyler, Barns, Burley, Blroski, 
 Barrick, Crawford, Caldwell, Carslcadon, Downey, Flesher, Fast, Gist, 
 Graham, Harrison, Hubbard, Hawxhurst, Johnson, Koontz, Lamb, Mason, 
 Nicholls, Porter, Polsley. Ritchie, Smith (Jas. H.), Smith (Fontain), Stu- 
 art, Tarr, Trout, Todd, Van Winkle, West, Watson, Farnsworth, Slack, 
 and Boreman of Wood (President.) — 37. 
 
 Nays: — Messrs. Brown, Burdett, Cather, Carlile, Crane of Preston, 
 Crane of Randolph, Dorsey, Douglass, Ferrell, Fleming, Hale, Hagans, 
 Hooton, Howard, Jackson, Kramer, Lightburn, Love, Martin, of Wetzel, 
 Myers, Michael, Price. Smith of Pleasants, Scott, Snider, Swan, Withers, 
 Williamson of Pleasants, Wilson, Zinn, Frost and Davidson — 35. 
 
 So the motion to table the resolution prevailed. 
 
 Mr. Brown from the Committee on Credentials, reported ad- 
 versely on the claims to a seat in the Convention of Jonathan Rob- 
 erts, of Alexandria. He said it was desired.that the case should 
 come before the Convention for its action. 
 
 Mr. Hawxhurst moved that the credentials be read. They were 
 so read, and after some discussion, Mr. Lightburn moved their re- 
 commitment, which was agreed to. 
 
 Mr. Zinn presented a petition of citizens of Preston county, 
 praying for a division of the State, which on his motion, was re- 
 ferred to the Committee on Division of State. 
 
 Mr. West offered the following resolution: 
 
 Resolved, That the appropriate Committee he instructed to report an 
 ordinance to so amend the Constitution of the. State as to provide for 
 
the People oe Northwestern Virginia in 1861. 
 
 193 
 
 the creation of new counties of a less area than is required at pres- 
 ent by the Constitution. 
 
 Mr. Van Winkle moved a reference to the Committee on Busi- 
 ness ; which was agreed to. 
 
 Mr. Hooton presented three other petitions from citizens of 
 Preston, similar to that offered by his colleague. 
 
 They were referred to the same committee as the others. 
 
 Mr. Farnsworth offered the following resolution : 
 
 j Resolved, That all persons claiming the right to vote at any election, 
 shall be required before doing so, to take the oath of allegiance 
 as adopted and prescribed by the Convention which met in Wheeling 
 on the 11th day of June last: Provided, however, that all persons hav- 
 ing once taken the oath, shall not be required to take it a second time; 
 nor shall any person refusing to take such oath be eligible or serve on 
 grand or petit juries. 
 
 An extended discussion upon this resolution took place. 
 
 Messrs. Carlile, Crane of Randolph, and Van Winkle opposed 
 its adoption. 
 
 Fontain Smith advocated it. 
 
 Mr. Carlile moved to indefinitely postpone. 
 
 Mr. West opposed the indefinite postponement. 
 
 Mr. Dorsey said if the gentleman from Harrison would with- 
 draw his motion, he would move that the resolution be referred to 
 the Committee on Business. 
 
 Mr. Carlile withdrew it. 
 
 Mr. Dorsey moved the reference indicated. 
 
 Mr. Farnsworth rose for the purpose of withdrawing the reso- 
 lution. He had been really somewhat opposed to the sentiment of 
 the resolution and had offered it more in compliance with the wish- 
 es of his constituents than his own. But since there had been so 
 much said about the merits of it he did not think it after all so 
 very objectionable. He withdrew it. 
 
 The President decided that it could not be withdrawn. A mo- 
 tion had been made by the gentleman from Monongalia to refer. 
 
 The question on referring to the Committee on Business was ta- 
 ken and decided in the affirmative. 
 
 Mr. Ligiitburn offered the following which was referred to the 
 same committee: 
 
 Resolved, That the Constitution be so amended as to render all per- 
 sons ineligible to hold any office of profit or trust in the Commonweaith 
 who voted for the ordinance, and yet adhere to the doctrine of seces- 
 sion. 
 
 Mr. Martin of Wetzel offered the following, which was simi- 
 larly referred: 
 
194 ' Proceedings and Journals of the Conventions of 
 
 Resolved, That all persons having taken the oath required of the offi- 
 cers of the government who since have voted for the Ordinance of Se- 
 cession, and all other persons having before and after voted for said 
 Ordinance advanced secession principles, shall be disqualified for exer- 
 cising the functions of any office in the Commonwealth during hostilities 
 between the United States and the seceded States. 
 
 Mr. Van Winkle offered the following, which was adopted : 
 
 Resolved, That all resolutions or motions requiring the enactment of 
 ordinances or laws, shall not be acted upon by the Convention until 
 the same shall have been reported upon by a committee. 
 
 He also moved that the consideration of the ordinances reported 
 by the Committee on Business be made the order of the day for to- 
 morrow at eleven o’clock. 
 
 The motion was agreed to. 
 
 Mr. Davidson observed that Mr. Smith of Upshur, who had been 
 appointed on the Committee on a Division of State, was not pres- 
 ent in the Convention, and moved that Mr. Farnsworth be ap- 
 pointed in lieu of him. 
 
 The motion was agreed to and Mr. Farnsworth appointed. 
 
 The Convention then adjourned until eleven o’clock to-morrow. 
 
 ADJOURNED SESSION— FOURTH DAY, 
 
 FRIDAY, AUGUST 9, 1861. 
 
 The Convention met at 11 A. M. 
 
 Prayer by Rev. S. R. Brockunier, of the M. E. Church. 
 
 Minutes read and approved, with a slight amendment. 
 
 The ordinances reported by the Committee on Business, which 
 came up as the order of the day, were taken up, and the following 
 passed : 
 
 An Ordinance, providing for the discharge of - the duties of the Board of 
 Public Works. 
 
 The people of Virginia by their Delegates assembled in Convention at 
 Wheeling do ordain as follows: 
 
 1. Until the General Assembly shall direct an election of members 
 of the Board of Public Works, and the same shall be duly elected and 
 qualified, the Governor and Auditor and Treasurer shall constitute the 
 said Board, and shall exercise the authority and discharge the duties 
 thereof. The Secretary of the Commonwealth shall discharge the duties 
 of the Clerk of said Board. 
 
 2. This Ordinance shall take effect from its passage. 
 
 An Ordinance, providing for the discharge of the duties of the office of 
 Second Auditor. 
 
 The people of Virginia, by their Delegates assembled in Convention at 
 Wheeling, do ordain as follows: 
 
 1. The duties of the office of Second Auditor, as prescribed by the laws 
 
the People op Northwestern Virginia in 1861. 
 
 195 
 
 now in force, shall, until the vacancy now existing in said office is filled 
 by the General Assembly, be discharged by the Auditor of Public Ac- 
 counts, without additional compensation. 
 
 2. This Ordinance shall take effect from its passage; and may be al- 
 tered or repealed by the General Assembly. 
 
 An Ordinance declaring null and void the proceedings of Richmond Con- 
 vention of 1861. 
 
 The people of Virginia, by their delegates assembled in Convention at 
 Wheeling, do ordain as follows: 
 
 All Ordinances, Acts, Orders, Resolutions and other proceedings of 
 the Convention which assembled at Richmond on the thirteenth day of 
 February last, being without the authority of the people of Virginia con- 
 stitutionally given, and in derogation of their rights, are hereby declared 
 illegal, inoperative, null, void and without force or effect. 
 
 The following was also considered and rejected by 32 yeas to 
 38 nays, Mr. Carlile having called for the yeas and nays. 
 
 An Ordinance providing for the publication in newspapers of the Ordi- 
 nances of the Convention, and the Public Laws passed by the Gen- 
 eral Assembly. 
 
 The People of Virginia, by their Delegates assembled in Convention at 
 Wheeling, do ordain as follows: 
 
 1. The Ordinances of this Convention, heretofore and hereafter passed, 
 and the Acts of the General Assembly passed at its recent session, and 
 all public Acts hereafter passed by that body, shall be published, once 
 only, in two newspapers printed at the seat of Government, one of which 
 shall he in the German language, and in one newspaper printed in each 
 County of the State, if any there be. The said newspapers shall be des- 
 ignated by the Governor, and shall he paid for such publication at the 
 rates allowed for the newspaper publication of the Laws of the United 
 States. 
 
 2. It shall he the duty of the Secretary of this Convention and the 
 Clerk of the House of Delegates, to furnish to the publishers of the news- 
 papers designated by the Governor, as soon as practicable, accurate writ- 
 ten or printed copies of the Ordinances of the Convention and Acts of 
 the General Assembly heretofore passed, and immediately upon their 
 passage, similar copies of such Ordinances and Acts as may he hereafter 
 passed by those bodies respectively. 
 
 3. Proclamation andt other instruments of a general nature, or re- 
 lating to the Commonwealth at large, emanating from the Executive De- 
 partment and Offices, and required to be published, shall he inserted in 
 the same newspapers as many times as may be directed by the Governor, 
 and he paid for at the usual advertising rates. The Secretary of the 
 Commonwealth shall furnish to said newspapers accurate written or 
 printed copies of ’such Proclamations and other instruments. 
 
 4. This Ordinance shall take effect from its passage and he in force 
 until amended or repealed by the Legislature. 
 
 The consideration of these ordinances occupied nearly the whole 
 of the session. Mr. Van Winkle, who reported them from the 
 Committee on Business, explained and advocated all of them. 
 
 The principal discussion occurred upon the rejected ordinance, 
 providing for the publication of the public laws and ordinances. 
 
196 Proceedings and Journals of the Conventions of 
 
 It was advocated by Messrs. Van Winkle, Frost and Boreman of 
 Tyler, and opposed by Messsrs. Nicholls ; Crane of Randolph, and 
 Carlile, each of whom spoke upon it. 
 
 Mr. Kramer offered the following as a substitute : 
 
 The people of Virginia, hy their delegates assembled in Convention at 
 Wheeling do ordain as follows: 
 
 That 20,000 copies of the Ordinances of this Convention, and Public Laws 
 passed by the General Assembly, be published and distributed among the 
 members of the Convention for publication. 
 
 Mr. Crane moved to substitute 10,000 copies. 
 
 Lost. 
 
 The substitute was rejected. 
 
 So the Convention refused to take action looking to the publica- 
 tion of the public laws. 
 
 Mr. Brown, from the Committee on Credentials again reported 
 adversely on the claims of Jonathan Roberts, of Alexandria, to a 
 seat in the Convention. 
 
 The credentials were laid upon the table. 
 
 Mr. Dorsey moved an adjournment, but withdrew the motion to 
 allow 
 
 Mr. Burley to offer the following resolution: 
 
 Resolved. That when the Convention adjourn tomorrow it will adjourn 
 sine die. 
 
 Mr. Burley remarked that he offered the resolution in good 
 faith. He did not think it necessary for the Convention to remain 
 here any longer. He had discovered that they were not getting 
 along as well as they might, and he thought this would afford plenty 
 of time, if they would be more industrious to do all the work there 
 was to do. ‘‘I have been in the committee this niorning. I find 
 there is nothing before it except this Division question. There is a 
 sub-committee to draft a bill and I think they should be able to 
 prepare that at a very early hour in the morning, and the Conven- 
 tion has nothing before them but to act upon it.” 
 
 Mr. West — ‘ ‘ I rise for a two-fold purpose, and whether I can ac- 
 complish both or either one, I do not know. My object is to give 
 the resolution of my respected friend from Marshall — Old Jimmy 
 — I am old Jimmy, too,” — (laughter). 
 
 The President — Gentlemen will forbear calling one another by 
 name. 
 
 Mr. West — “W e know each other; we do that by way of compli- 
 ment to each other. (Laughter.) However, I have had a good deal 
 of this sort of experience, and I find that a motion of this kind has 
 
the People op Northwestern Virginia in 1881. 
 
 197 
 
 never failed to clog the wheels of the progress of legislation. As 
 certain as the sun rose this morning and will rise tomorrow morn- 
 ing if that resolution is not disposed of today, it has to be dis- 
 posed of at some other time ; and whenever it is, it must embarrass 
 our action; and I know the gentleman from Marshall does not in- 
 tend to clog and impede the progress of this House. But I do know 
 one more thing, that there will be an effort to adjourn this Conven- 
 tion before this question of Division is decided upon; and I do 
 know, Sir, as well as I know that, that if such is the fact, and we 
 so adjourn, we go home to an insulted constituency. AYe go home 
 to a constituency that has just cause to be insulted. Did they send 
 us here to play and trifle with them? Did they send us here. Sir, 
 to act as a mockery upon their expressed desires?” 
 
 Mr. Van AVinkle — “AV ill the gentleman give way for a mo- 
 ment?” 
 
 Mr.. AYest— “Yes, Sir.” 
 
 Mr. Van AYinkle — “Mr. President, I move to adjourn.” 
 
 Mr. AYest — “Not for an adjournment, — (Laughter). I cannot 
 give way for an adjournment.” 
 
 Ti-ie President said the motion was not in order, the gentleman 
 was making a speech. 
 
 Mr. Van AYinkle — “He gave way, Sir.” 
 
 The President — “He was interrupted.” 
 
 Mr. AYest — “I know my good friend from AYoocl does not intend 
 to deprive me of the privilege of speaking, because I believe, if 1 
 am not mistaken, he is a new State man himself. The gentleman 
 from AYood knows that there is something more in that than just 
 black and white. I think that every thinking man who is a new 
 State man, knows that there is something more in that than merely 
 a piece of paper writing — ” 
 
 Mr. Burley — ‘ ‘ I do not wish the gentleman to labor under a mis- 
 take too long at a time without correcting it. I assure you. Sir. if 
 there is any honor in man, I had no such object in view in offer- 
 ing the resolution as he attributed to me. I do so, believing that 
 we have plenty of time to consider and act on the question the gen- 
 tleman desires, and do it right if gentlemen will only go to work 
 and improve the time. I insisted on a meeting of the committee 
 yesterday, but it was very warm, and gentlemen thought it would 
 be too much labor, and there we were all the afternoon lounging 
 about doing nothing. I do not know for my part when this Con- 
 vention is going to adjourn if we are allowed to go on in this 
 
198 Proceedings and Journals op the Conventions op 
 
 kind of style. I do not wish, to choke off any gentleman, or choke 
 off any measure here. I want everything done fairly and honestly. 
 If this question is entitled to more consideration let it be granted; 
 but I am one of the last that wants to remain here doing nothing 
 and taxing the community with it.” 
 
 Mr. West — “I move a recess until three o’clock.” 
 
 Mr. Yan Winkle — “I move as an amendment, to adjourn.” 
 
 The motion was put and the Convention adjourned. 
 
 ADJOURNED SESSION— FIFTH DAY, 
 
 SATURDAY, AUGUST 10, 1861. 
 
 The Convention assembled at the regular hour. 
 
 Prayer by Rev. John M. Phelps, of the M. E. Church. 
 
 Mr. Van Winkle inquired if the resolution of the gentleman 
 from Marshall, pending when the Convention adjourned yesterday, 
 was the business in order. 
 
 The President stated that the resolution had been withdrawn. 
 
 Mr. Van Winkle then desired to report some ordinances from 
 the Committee on Business. 
 
 Mr. West said the Committee on a Division of the State was 
 prepared to report. He wished the report to be received and read, 
 so that if there should be any substitutes offered they could be 
 offered at once, and all be printed and come up for consideration 
 at the same time. 
 
 The President said there was a question of privilege for the 
 Convention to decide upon. A gentleman was here claiming a seat, 
 and it was proper that the case should be decided upon before any 
 important vote came up. The Committee, on Credentials had re- 
 ported adversely on his claims and the report laid on the table. 
 This matter took precedence. 
 
 The Secretary read the report of the Committee on Credentials 
 reporting adversely upon the claims of Jonathan Roberts, of Fair- 
 fax county, to a seat in the Convention. 
 
 Mr. ITawxhurst moved that the report of the Committee be dis- 
 agreed to. 
 
 Mr. ITooton, on that question, demanded the yeas and nays and 
 the demand was sustained. 
 
 Quite a lengthy discussion ensued upon the claims of Mr. Rob- 
 erts to a seat, and the whole subject was thoroughly ventilated. 
 
the People of Northwestern Virginia in 1861. 
 
 199 
 
 At length Mr. Stuart demanded the previous question, which 
 was taken by yeas and nays, and resulted — yeas 33, nays 39. 
 
 So the motion to disagree with the adverse report of the Com- 
 mittee was not agreed to. 
 
 Mr. Frost moved to lay the report upon the table. 
 
 The motion was lost. 
 
 The question on concurring in the report recurring, it was put 
 and decided in the affirmative. 
 
 So the Convention refused to admit Mr. Roberts to a seat. 
 
 Mr. Lamb offered the following resolution : 
 
 Resolved, That the Secretary procure, if practicable, a file of the pa- 
 pers and proceedings of this Convention, the papers and proceedings of 
 the Convention which assembled in the city of Wheeling on the 13th of 
 May last, together with the papers and proceedings of the Central and 
 other Committees thereby appointed. 
 
 Mr. Gather offered the following : 
 
 Wiirbkas. a portion of the people of the Southern States, in violation 
 of their constitutional Obligations, have attempted a dissolution of this 
 Union and have thus precipitated the country into civil war; therefore. 
 
 Resolved. That the action of Congress, in voting men and money to 
 suppress the rebellion and preserve the Union, receives the hearty ap- 
 proval of this Convention. 
 
 Mr. Johnson offered the following: 
 
 Resolved, That the Committee on Business inquire into the expediency 
 of reporting an ordinance providing for the repair of State arms. 
 
 Mr. Frost offered the following : 
 
 Resolved, That the Committee on Business inquire whether any addi- 
 tional ’legislation is required to give efficiency to an act passed at the 
 late session of the General Assembly, entitled “An Act to prevent offences 
 against the Commonwealth, and provide for the organization of patrols 
 during the war,” and that they report by ordinance or otherwise. 
 
 Mr. Polsley offered the following : 
 
 Resolved, That the Committee on Business be instructed to prepare and 
 report an ordinance for the immediate and thorough re-organization of 
 the militia, and for the more frequent and regular training of the same. 
 
 Mr. Farnsworth offered the following: 
 
 Resolved. That ,the Committee on Business he instructed to inquire into 
 the expediency of appointing collectors on the Clarksburg, Buckhannon 
 and French Creek Turnpike, and the Staunton and Parkersburg Turnpike, 
 and the receiving of the toils already collected; and making some pro- 
 vision for the repairing of the said roads, which are becoming in bad 
 repair by the increased use of the roads by the U. S. troops. 
 
 All of which were adopted. 
 
 Mr. Fast offered the following : 
 
 Resolved, That the Committee on Business inquire into the expediency 
 of changing the name of the county of Wise to that of Douglas, or some 
 other name more honorable than that of Wise. (Laughter.) 
 
 Fontain Smith moved to lay it upon the table. 
 
 The motion was rejected, and the resolution adopted. 
 
200 Proceedings and Journals op the Conventions op 
 
 Mr. Ritchie offered the following: 
 
 1. Resolved , That we are unalterably opposed to any compromise with 
 the rebels, short of laying down their arms and returning to their al- 
 legiance to the United States Government; and that we will hold all who 
 aid and abet any such compromise, as enemies not only to the government 
 of our fathers, but as enemies to human liberty throughout the world. 
 
 2. Resolved, That we will aid the Administration at Washington in sup- 
 pressing the rebellion with all our powers, both morally and physically, 
 and studiously guard against all acts and doing that would militate in the 
 least degree against the Union cause or embarrass the Administration in 
 putting down the rebellion. 
 
 Laid upon the table and ordered to be printed. 
 
 Mr. Crane moved the reading of the report of the Committee 
 on a Division of the State. 
 
 The report, being an ordinance providing for a division of the 
 State and the erection of a new State, was read. 
 
 After a good deal of parley, the rule was suspended to allow a 
 number of substitutes for the ordinance to he offered. 
 
 The following gentlemen offered substitutes: Messrs. Dorsey, 
 
 Kramer, Burley, Farnsworth, Zinn, Brown, Martin of Wetzel, and 
 Flesher. 
 
 The ordinance and all the substitutes, together with a minority 
 report offered by Mr. Johnson, were ordered to be printed, and 
 upon motion of Mr. Paxton, were made the special order for Tues- 
 day at 10 o’clock, and to continue the order each day until dis- 
 posed of. 
 
 Mr. Yan Winkle, from the Committee on Business, reported 
 ordinances with the following titles, which were laid on the table 
 and ordered to be printed: 
 
 An Ordinance in regard to the collection of the public revenue. 
 
 An Ordinance ascertaining and declaring in what cases offices are va- 
 cated under the Declaration of June, 1861. 
 
 An Ordinance providing for the punishment of certain offences. 
 
 The Convention then adjourned to Monday. 
 
 ADJOURNED SESSION— SIXTH DAY, 
 
 MONDAY, AUGUST 12, 1861. 
 
 The Convention met at the regular hour, and was opened with 
 prayer by Rev. Gideon Martin, of the M. E. Church. 
 
 Minutes read and approved. 
 
 Mr. Lamb, from the Committee on Credentials, reported that 
 George C. Bowyer, a member of the House of Delegates from Put- 
 nam county, was entitled as such to a seat in the Convention. 
 
the People op Northwestern Virginia in 1861. 
 
 201 
 
 Mr. Polsley called attention to the fact that the delegates from 
 that county were also present, and moved that they be qualified and 
 take their seats. 
 
 The three gentlemen then came forward and the oath was admin- 
 istered to them by the President. 
 
 Mr. Van Winkle, from the Committee on Business, reported on 
 the following resolutions of inquiry, referred to that Committee, 
 that they deemed it inexpedient to legislate upon them at this 
 time : 
 
 The resolution offered by Mr. Farnsworth, relative to appointing 
 collectors of toll on the Clarksburg, Buckhannon and French Creek 
 Turnpike and the Staunton and Parkersburg Turnpike and the re- 
 pairing of the same. 
 
 The resolution offered by Mr. Johnson, relative to repairing 
 State arms. 
 
 That offered by Mr. West relative to so changing the constitution 
 as to allow counties to be organized with a less area than now al- 
 lowed. 
 
 That offered by Mr. Fleming relative to the confiscation of the 
 real and personal estate of parties engaged in the rebellion. 
 
 The Chairman said it was not deemed expedient at this time to 
 act upon this resolution because the act of the United States was 
 not before the Committee, not but that something might hereafter 
 he necessary to be done on this subject. 
 
 That offered as to allow counties to he organized with a less area 
 than now allowed. 
 
 That offered by Mr. Fast relative to changing the name of Wise 
 County. 
 
 The reports on Mr. Farnsworth’s, Mr. Johnson’s, Mr. Fleming’s, 
 and Mr. Fast’s resolutions were concurred in. 
 
 That on Mr. West’s was laid upon the table. 
 
 The ordinances reported from the Committee on Business com- 
 ing up for consideration, the ordinance in relation to the collec- 
 tion of public revenue was, after considerable discussion, passed as 
 follows : 
 
 An Ordinance in relation to the Collection of the Public Revenue. 
 
 The People of Virginia, by their Delegates assembled in Convention, at 
 Wheeling, do ordain as fofllows: 
 
 1. There shall be allowed to every Sheriff and Collector, for collecting 
 the revenue levied in the year 1861, in addition to that now allowed by 
 law, a commission of two and one-half per centum on the amount of taxes 
 with which he is chargeable, and if the Sheriff or Collector of any county 
 
202 Proceedings and Journals op the Conventions of 
 
 or Corporation, where the amount of taxes with which he is chargeable 
 does not exceed the sum of ten thousand dollars, shall pay the same, or 
 any part thereof, into the Treasury within the time now required by law, 
 he shall be allowed a further additional commission of two and one-half 
 per centum on the amount so paid. 
 
 2. This Ordinance shall be in force from its passage and may be altered 
 or repealed bj r thp General Assembly, 
 
 The second ordinance under consideration being “An ordinance 
 ascertaining and declaring in what cases offices are vacated under 
 the act of June 17, 1861,” was taken up and subjected to a very 
 lengthy and critical discussion. 
 
 It was finally recommitted to the Committee on Business, and 
 the Convention took a recess till three o’clock. 
 
 Afternoon Session. 
 
 The Convention re-assembled at three P. M. 
 
 The following ordinance was taken up and after considerable 
 discussion, was passed : 
 
 An Ordinance to Provide for the Punishment of Certain Offences, and for 
 Other Purposes. 
 
 The people of Virginia, by their delegates assembled in Convention, at 
 Wheeling, do ordain as follows: 
 
 1. Every former-incumbent of an office which has been, or shall be de- 
 clared vacant by any Declaration or Ordinance of this Convention, or any 
 Act of the General Assembly, who shall exercise, or attempt to exercise, 
 the functions of such office, shall be deemed guilty of a misdemeanor, and 
 upon conviction thereof, shall be punished by a fine not exceeding one 
 thousand dollars, and imprisonment in the County Jail not exceed- 
 ing one year. 
 
 2. The. office of any person who has heretofore taken and subscribed, or 
 shall hereafter take and subscribe, the oath or affirmation, prescribed by 
 the Ordinance of this Convention; entitled “An Ordinance for the Re-or- 
 ganization of the State Government,” and who after taking and subscrib- 
 ing such oath or affirmation, shall by any overt act, or by publicly writing 
 or speaking, support and uphold, or attempt to support and uphold the 
 usurped government at Richmond, or the pretended government of the so- 
 called Confederate States, is hereby declared vacant, and the Governor, if 
 satisfactory evidence be produced thereof, upon due notice of the charge 
 to the party to be effected thereby, shall proceed to fill such vacancy, or 
 cause the same to be filled in the mode prescribed by the fifth section of 
 the above cited Ordinance. But nothing herein contained shall prevent the 
 indictment and punishment of such persons for the crime of perjury. 
 
 3. This Ordinance shall be in force from its passage, and may be al- 
 tered or repealed by the General Assembly. 
 
 Mr. Crane offered the following resolution which was adopted: 
 
 Resolved. That the Committee on Business inquire into the expediency 
 of providing, by ordinance, for the punishment of all citizens of this Com- 
 monwealth who are known to be in, or who shall hereafter enter the Con- 
 federate army either as citizens or soldiers and all persons who shall 
 hereafter give money, property or counsel to the Confederate army. 
 
the People op Northwestern Virginia in 1861. 
 
 203 
 
 Mr. Van Winkle offered the following, which was adopted: 
 
 Resolved, That all the Ordinances reported by the Committee on Busi- 
 ness at the present session, or which have been or may hereafter be passed 
 by the Convention, shall be recommitted to the said committee for revision 
 before being reported. 
 
 The Convention then adjourned. 
 
 ADJOURNED SESSION— SEVENTH DAY, 
 TUESDAY, AUGUST 13, 1861. 
 
 The Convention met at 10 A. M. 
 
 Prayer by Rev Wesley Smith. 
 
 Minutes read and approved. 
 
 The President presented a communication from Lot Bowen of 
 Harrison, resigning his seat in the Convention, in consequence of 
 his relations with the United States Army preventing his attend- 
 ance. 
 
 Mr. Van Winkle moved to lay the communication on the table. 
 
 Agreed to. 
 
 The order of the day, it being the ordinance reported by the 
 Committee on the Division of State, and the substitute for the 
 same, was taken up. 
 
 Mr. Frost moved to pass by the order of the day for the pres- 
 ent, to enable some unfinished business to be considered. 
 
 Mr. West hoped the gentleman would not insist on the motion. 
 He thought all other considerations subordinate to the question 
 now before them. 
 
 Mr. Faensw'Orth asked the member from Jackson to withdraw 
 his motion for the present, to allow him to withdraw his proposi- 
 tion now before the Convention, and offer another as a eopipro- 
 misory substitute for the whole matter before the Convention. 
 
 Mr. Frost withdrew the motion. 
 
 Mr. Farnsworth asked leave to withdraw his proposition, which 
 was granted. 
 
 He then offered the substitute, which was read by the Clerk, and 
 ordered to be printed, not as a substitute for the whole, but sim- 
 ply in place of the one withdrawn, as a substitute for the report 
 of the Committee. 
 
 The order of the day again recurring, 
 
 Mr. Frost renewed his motion to pass by for the present. He 
 said there were some gentlemen who had not expected the discussion 
 
204 Proceedings and Journals op the Conventions op 
 
 to come up till to-morrow, now absent, and lie desired to afford them 
 an opportunity to be present when it came up. 
 
 Mr. Crane opposed passing by. The Convention were here on ex- 
 pense, and the gentlemen could get here before a vote would be 
 taken. 
 
 The subject was one of great importance, and one upon which 
 patriots and statesmen ought not to be divided. If now was not 
 the time to consider it, would some gentleman tell him when would 
 be the time ? He believed the only questions that would divide them 
 were the questions of boundary and of time, and he thought they 
 might as well consider them to-day as any other time. 
 
 Mr. Stuart opposed passing by this morning. He wanted to 
 act on the propositions at once, as they had already elicited one 
 argument and soon would elicit others, to relieve gentlemen of their 
 arguments as fast as possible, as he understood there were a great 
 many who desired to be relieved. If the discussion was to take 
 place the sooner the better. 
 
 Mr. West would prefer to proceed at once. He did not intend 
 now to enter into the subject. He was sure if he did, the gentle- 
 man from Doddridge would take advantage of the opportunity 
 offered him to make another speech. He would only say that it 
 was a very important and interesting matter — the only subject, in- 
 deed, before the Convention that particularly interested the peo- 
 ple. He was not particular whether it was passed by for one day 
 or not, as there was other business that could very well occupy 
 one day, and that would come up tomorrow. His own preference 
 was, however, to proceed. 
 
 Mr. Snider demanded the yeas and nays on the question of 
 passing by the consideration of the order of the day, and being ta- 
 ken they resulted, yeas 8, nays 62. 
 
 So the Convention refused to pass by. 
 
 The question then recurred on adopting the report of the Com- 
 mittee on a Division of the State. 
 
 Mr. West presented as that report the following ordinance, 
 which was read by the Clerk : 
 
 An Ordinance lor the Division of the State. 
 
 Whereas, It is represented to the delegates assembled in Convention at 
 Wheeling, on the 6th day of August, 1861, that the people of a portion of 
 Virginia are desirous of claiming a new State out of that portion of 
 Virginia lying North and West of the Allegheny Mountains, and whereas, 
 in the opinion of this Convention, the social, commercial and political 
 condition of said people would be greatly benefited and their happiness 
 promoted by such a division. 
 
the People oe Northwestern Virginia in 1861 . 205 
 
 Be it therefore ordained by this Convention, That the people of Vir- 
 ginia living North and West of a line beginning on the top of Clinch 
 Mountain, on the line dividing Tennessee and Virginia; and running 
 thence with the top of said mountain, so as to include all that part of 
 the county of Scott lying North and West of said mountain; thence with 
 the top of said mountain, including Russell county; thence with the top 
 of said mountain to the county line of Giles county; thence with the 
 county line of Giles and Tazewell to the county line of Mercer county; 
 thence with the top of Wolf Creek .Mountain to the top of Salt Pond 
 Mountain; thence to the top of Potter's Middle Mountain; thence with the 
 top of Rich Mountain to Alum Rock; thence to the top of Mill Mountain; 
 thence with the top of said mountain to Augusta county line; thence 
 with the dividing line between Augusta and Bath counties to the top 
 of Shenandoah Mountain, and with the top of said mountain to the 
 Hardy county line; thence with tho county line between Hardy and Rock- 
 ingham counties to the Shenadoah county line; thence with the county 
 line between Hardy and Shenandoah to Hampshire county; thence with 
 the county line dividing Frederick and Shenandoah to Warren county; 
 thence with the county line dividing Warren and Clark counties to Fau- 
 quier county; thence with the county line dividing Fauquier and Clark 
 counties to Loudon county; thence with the county linedividingLoudonand 
 Fauquier counties to Fairfax county; thence with the county line divid- 
 ing Fairfax and Prince William counties to the Potomac River; be au- 
 thorized and directed, on the fourth Monday in November next, to open 
 a poll at each election precinct embraced in such boundary, to ascertain 
 the will and wish of the people upon the question of such division. The 
 County Courts of each county, embraced in said boundary, shall appoint 
 Commisssioners and Conductors of Elections, and the duties of such Com- 
 missioners and Conductors, shall be the same as now prescribed by law 
 in other Elections. On the said fourth Monday in November, there shall 
 be a poll opened by the Commissioners and Conductors so appointed, at 
 every precinct in each County embraced within the said boundaries. On 
 each poll book there shall be two columns; one headed “Division,” and 
 the other “No Division.” Those voting in favor of a division, shall be 
 recorded in the column under the head of “Division,” those voting against 
 a division, shall be recorded in the column under the head of “No Di- 
 vision.” It shall be the duty of said Commissioners, to have all who are 
 legally authorized under the constitution and laws of Virginia, within 
 said boundary, and who may offer to vote, properly recorded on said poll 
 book, and it shall be the duty of said Commissioners of each county within 
 five days after said election, to certify to the correctness of said poll 
 books, and file one copy of said books, in the Clerk’s Office of the County 
 Court of each county, and one copy certified as aforesaid, shall, by said 
 Commissioners, be forwarded to the Governor of Virginia, at Wheeling, 
 whose duty it shall be to count the vote upon said question, and make 
 an immediate proclamation of the result of said vote. 
 
 2. Be it further ordained, That, in case it is found that a majority 
 of the votes cast in said boundary, be in favor of the division as pro- 
 posed, that then, the present Constitution of Virginia, as modified and 
 changed by the ordinances of this Convention, shall be adopted as the 
 Constitution of the proposed State, which shall be called the State of 
 New Virginia. 
 
 3. Be it further ordained, That the State Legislature of Virginia, be 
 requested to give their consent to the formation of such new State as 
 prescribed and laid down in said boundaries, and submit the same to 
 the Congress of the United States for their ratification. 
 
 Messrs. Brown, Kramer, Flesher and Zinn asked and obtained 
 leave to withdraw their substitute for the report of the Committee. 
 
206 Proceedings and Journals of the Conventions of 
 
 Mr. Evans, on behalf of Mr. Dorsey, also withdrew the substitute 
 offered by that gentleman. 
 
 Mr. West, as chairman of the Committee on a Division of the 
 State, proceeded to address the Convention in advocacy of the re- 
 port of that Committee. 
 
 He did not propose to make a lengthy speech at this time; per- 
 haps he should have occasion to participate somewhat in the discus- 
 sion that might ensue upon this question hereafter. It had been 
 said, and very properly, that there were but two questions of real 
 difficulty in the consideration of this subject, and they were the 
 questions of time and boundary, for which he believed there were 
 none or at least very few on the floor opposed to a division at all. 
 If such were, he accorded to them honesty of motive, but he did 
 not know what could be the ground of their objection to the forma- 
 tion of a new State. 
 
 First, then, in relation to time: lie believed that now was the 
 
 time. He would set out on that ground. He had occupied that 
 ground and he expected to continue to do so. Pie had never yet 
 had a good reason from any one why they should not proceed 
 at once. This was the accepted time if they ever expected to com- 
 plete what they had begun. He observed that all the opponents 
 of action had different reasons for their opposition, and although 
 they might be honest, yet they had no comjnon justifiable reason 
 for not proceeding at once. For himself, from the very beginning 
 of tin's controversy in the Legislature and the former Convention, 
 he had not swerved from his purpose of obtaining preliminary ac- 
 tion for a division of the State. Every ’step he had proposed was 
 a progressive step, as gentlemen here could testify. He had offered 
 a proposition in the Legislature which he still believed was the best 
 that could have been adopted, but when it was defeated, he voted 
 willingly for the next best. He had believed, and did yet, that it 
 was important, though not essential, to have had some expression 
 at least from the Legislature. They had no such expression, how- 
 ever, and a majority of the Convention had decided, he believed, 
 that they could proceed without it, and such being the case, he was 
 with them, and would be the last man to back from the position he 
 had taken. 
 
 And what objection could be offered to doing so ? He asked gen- 
 tlemen to say, why they should not take action just now on this 
 most important matter. It was true there might be some of the 
 counties in the proposed boundary that might vote against imme- 
 
the People of Northwestern Virginia in 3861 . 
 
 207 
 
 diate action or against any action at all, bnt if they would post- 
 pone till doomsday, and then propose to act, some one would ob- 
 ject. There was one plan of action that was always safe, and that 
 was, never to put off what can be done now. 
 
 But it was argued that it would leave Eastern Virginia without 
 a government; even if it did they would only be in the same situa- 
 tion they left us in, and they could do as we did — go to work and 
 make one. But they say they have a government and we have no 
 government; they boast of their government, and if you would go 
 to Bich'mond and say they have no government your neck would 
 pay the penalty. Let them take care of themselves as we have 
 done. We could not sympathize with those who wanted to cut 
 his throat if they had an opportunity, and they did not ask any of 
 this sympathy which some gentlemen were disposed to bestow upon 
 them. They despised us and our government. 
 
 He used to be opposed to a division of the State, and always 
 had, up to the time this great emergency had been forced upon our 
 people. But now the time had come to look out for our own inter- 
 ests, and disregard the interests of those who wage a war against 
 us. 
 
 But it was objected that we were thrusting ourselves upon the 
 General Government. lie would be the last to do this after all 
 the government had done for us in Western Virginia, but they 
 were not forcing themselves upon the government, and it was not 
 so regarded anywhere except by the gentlemen who raised the ob- 
 jection. If it could be proved he would abandon the project, but 
 not until it was done. But he had the best authority for saying 
 that this was not the case- — but that Congress would admit the new 
 State, was ready, willing and waitng to do so whenever application 
 was made. He had talked with the Hon. William G. Brown, on his 
 return from Washington a few days ago, and Mr. Brown had told 
 him the quicker the better ; that the proposition for admission would 
 not hav^ lasted two days while he was there; that a recognition 
 would have been given at once. They all knew what Mr. Carlile 
 says, that he corroborates the testimony of Mr. Brown. They were 
 the best authority, and so much for this objection. There was noth- 
 ing in the way in that direction. He had never been willing to ad- 
 mit for a moment that there was any danger of a reverse as had 
 been intimated upon this floor; but he would have them act, now 
 that they had the power, lest by some possibility they shauld lose 
 
208 Proceedings and Journals oe the Conventions oe 
 
 it. It might be a little selfish, but he was willing to be that selfish 
 — their welfare and the welfare of the people demanded it. 
 
 As for boundary, he was not a stickler for any particular scheme. 
 He preferred that reported by the Committee, because it includes a 
 neck of country lying down next to the Tennessee line, which was 
 left out by other propositions, and which naturally belonged to 
 us and should be included, notwithstanding the people might not 
 now be quite so loyal as they should be. The ordinance also proposed 
 after running the main line on the top of the mountain, which the 
 Almighty had reared as a natural boundary, to take in the counties 
 contiguous to the Capital of the Country — and especially he liked 
 it because it would take in the grave of Washington. He spoke of 
 the advantages that would be apparent in running the line so as 
 to make the loyal State take in the territory opposite and adjoin- 
 ing Washington, and said that proposition would cause our admis- 
 sion to be looked upon there with more favor than it would other- 
 wise be. 
 
 He would like to know now why it was that gentlemen here dis- 
 regard the plain wishes of their constituents. If they had instruc- 
 tions from them to oppose action he would like to see them. He 
 had seen nothing of the kind, but he had seen letter after letter 
 to members urging them to take some action. 
 
 But suppose they should make their application now to Con- 
 gress, and Congress should lay it aside for a time, how much worse 
 off would they be than before. There would be the same proposi- 
 tion upon which they would act whenever, in their opinion, the 
 proper time should arrive, and they would have the matter always 
 before them until disposed of. 
 
 The people were now anxiously awaiting the action of this body, 
 and if the word were to go out that they had refused to take any 
 preliminary steps towards a separation, they would hang their 
 harps upon the willows, and their lips would be mute and voiceless 
 on the question in which they had taken so much interest; 
 
 After Mr. West concluded, 
 
 On motion, the Convention took a recess till two o’clock P. M. 
 afternoon session. 
 
 Convention re-assembled at two P. M. 
 
 Mr. Barns, of Marion, obtained the floor, and proceeded to 
 speak of the impropriety at this time to the division of the State. 
 
the People op Northwestern Virginia in 1861. 
 
 209 
 
 There had been no uprising of the people in favor of it in many 
 portions of the State proposed to be included in the bounds of the 
 new State. They had not met in mass meetings and demanded that 
 this Convention should take precipitate action. It was true it 
 was the desire of the people of his own county to have a separation ; 
 for himself personally he was anxious for it. But there were diffi- 
 culties in the way. In the first Convention ivhich met here in 
 May, many were in favor of immediate action. Prudent counsels 
 prevailed, however, and the obstacles in the way .rendered it neces- 
 sary to call another Convention. This met in June, and some of 
 the members were in favor of at once proceeding to a division. 
 But it was thought best to pursue the course they deemed in ac- 
 cordance with the Constitution. Besides the Convention thought 
 it best not to endanger the existence of our very nationality itself 
 by action that would be calculated to produce discord as this would 
 have done. « 
 
 He said there were difficulties now. Accor ling to the spirit ot 
 the Constitution not only the people in that portion of the State 
 out of which the new State is to be formed, Should give their as- 
 sent, but also the other portion, which it might be supposed would 
 oppose it — that the consent of the whole State should be given so 
 far as a representation of the people of the whole State can be ob- 
 tained. This they knew could not be obtained now. Action here 
 could only be preparatory at best. After the Convention had 
 adopted measures, the assent of the Legislature must first be had, 
 and afterwards that of Congress. Would Congress admit a state 
 formed on a mere technicality? Would not they recpiire that the 
 people of the whole State should be consulted? He thought unless 
 they could have the consent of all the loyal people of the State it 
 would prejudice our admission by Congress. It would be regarded 
 on a principle similar to that on which the secessionists have acted, 
 and that we had not exhausted all the peaceful and legal means 
 of obtaining a separation. It was better not to make the trial now 
 and fail and be distracted by the failure, but to wait until the fruit 
 should be ripe and ready to fall into our hands. There were loyal 
 people in Southern and Eastern Virginia looking to them and 
 praying to be released from their present thralldom. In the midst 
 of the great struggle that was now going on for the maintenance of 
 the Constitution amongst us we are asked to raise an exciting and 
 grave question, such as that of dividing the State. The time had 
 not come for the agitation of that question. He had no objection 
 
210 Proceedings and Journals op the Conventions of 
 
 to an expression on the subject by the Convention, but he was not 
 willing that the matter should be thrown upon the people to agitate 
 and distract them at this time. 
 
 Mr. Martin, of Wetzel, said the gentleman had said that now 
 was not the time for a separation. Before the ordinance of seces- 
 sion was voted upon there was a call for the people of Northwestern 
 Virginia. The first call was from Harrison county. Other coun- 
 ties responded, and a convention met in Wheeling in May last. 
 In that Convention it was fairly understood that the object was a 
 division of the State. They concluded it could not then be done 
 constitutionally, but when we could have a legislature recognized 
 as such we would then be prepared to go into a division. Such was 
 the understanding all over Western Virginia. The Government of 
 the United States has acknowledged this Convention as a law- 
 making power because this Convention called the Legislature, which 
 has been recognized in the person of the Senators it elected. While 
 the Government recognizes this as the whole Government of the 
 State, it will also acknowledge us when it comes to a division of the 
 State. But there were representatives here from Eastern Virginia. 
 If a division could not now be had constitutionally, when could it 
 be had? 
 
 Mr. Barns said, when the secessionists are driven out of the 
 State. 
 
 Mr. Martin said the secessionists were in rebellion against the 
 United States, hence they had declared themselves aliens, and not 
 citizens of Virginia or the United States. Secession was unconsti- 
 tutional, and every citizen that upheld secession had thrown off 
 his allegiance, and we had nothing to do with them, as it regards 
 our rights and interests in Western Virginia. 
 
 We were at one time without a government. We met here to es- 
 tablish one through this Convention sent here by the people of 
 Northwestern Virginia, and we are here at their will and bidding, 
 and we have a right to carry out the views we advocated before 
 them. He declared before ever that Convention was held at Rich- 
 mond for a division of the State, and he was elected here with the 
 knowledge of his people that he was so in favor of a division. 
 Therefore, he would go for a division, not only because of more re- 
 cent wrongs, but because he had long been convinced that our in- 
 terests required it. Our money had been used to make improve- 
 ments east of the Alleghenies. We have no connection with East- 
 ern Virginia; the God of nature had made a line between us, and 
 
the People op Northwestern Virginia in 1861 . 
 
 211 
 
 their interest and our’s were antagonistic, and this was one reason 
 for wanting a separation ; and while they were setting up a govern- 
 ment in opposition to the United States, he claimed the right to set 
 up an independent government separate from them. The people 
 expected nothing less of this Convention than a division of the 
 State, and if a foundation was not here laid for an immediate sep- 
 aration the people would he disappointed, and never would call an- 
 other Convention for a division. The people of Wetzel had in- 
 structed her members to go for an immediate separation. But 
 what he meant was that this Convention should go on with its 
 work, and when the Legislature meets next December, to ask for its 
 assent, and when this shall be granted, then to apply to Congress 
 for its assent. This would be the constitutional way. 
 
 It was said this movement would embarrass the government and 
 our friends in Eastern Virginia. Nothing short of the power of the 
 United States could ever crush out secession in Eastern Virginia. 
 How, then, could it embarrass the government 1 or how disenable us 
 to aid the government in this work! The argument had no weight 
 in it. 
 
 After we get the assent of the Legislature, if we deem it impolitic 
 to apply to Congress at once for an admission, we can do it at any 
 time it might be deemed best. 
 
 Mr. Polsley proposed to amend the ordinance by inserting in 
 the first line of the second section, after the second “that,” the 
 words “a free and fair election has been held in three-fourths of 
 the election precincts of the boundary.” 
 
 A parley arose as to the regularity of the proceeding and the 
 amendment was lost sight of. 
 
 Mr. Crane moved to go into Committee of the Whole on a Di- 
 vision of the State, but subsequently withdrew the motion and 
 moved an adjournment, which motion was lost. 
 
 Mr. Boreman, of Tyler, offered a proposition which was order- 
 ed to he printed for the information of the Convention. 
 
 Mr. Martin, of Wetzel, withdrew his amendment to the report 
 of the committee. 
 
 The withdrawal of this left only the substitute of Mr. Burley and 
 the minority report of Mr. Johnson. . 
 
 The question was announced on the adoption of Mr. Burley’s 
 substitute for the original ordinance. 
 
 Mr. Van Winkle moved to strike out in the substitute the name, 
 
212 Proceedings and Journals of the Conventions of 
 
 “New Virginia,” proposed for the new State, and substitute 
 “Allegheny.” 
 
 The motion was agreed to. 
 
 Mr. Farnsworth then presented the proposition offered by him- 
 self in the morning session and ordered to be printed, as a substi- 
 tute for the substitute of Mr. Burley, and with the consideration of 
 this pending, the Convention adjourned. 
 
 s ADJOURNED SESSION— EIGHTH DAY. 
 
 WEDNESDAY, AUGUST 14, 1861. 
 
 The Convention met at the regular hour, and was opened with 
 prayer by Rev. J. L. Clark, of the M. E. Chrueh. 
 
 The minutes were read and adopted. 
 
 Mr. Van Winkle moved that the resignation of Lot Bowen, of 
 Harrison, which was yesterday laid upon the table, be now taken up 
 and accepted. 
 
 The motion was agreed to. 
 
 Mr. Brown, from the Committee on Credentials, then reported 
 upon the credentials of Charles S. Lewis, of Harrison, elected to fill 
 the vacancy occasioned by Mr. Bowen’s resignation, that Mr. Lewis 
 was entitled to a seat in the Convention. 
 
 The report was adopted. 
 
 Mr. Lewis went forward and the oath of office was administered 
 to him. 
 
 Mr. Van Winkle reported, from the Committee on Business, 
 an ordinance in relation to Juries, which was laid upon the table 
 and ordered to be printed. 
 
 He also, from the same committee, reported back the ordinance 
 recommitted to them, declaring in what cases Viffices are vacated, 
 with an adverse recommendation on the amendment offered by the 
 gentleman from Ohio. 
 
 He also reported adversely on the resolution offered by a member 
 from Marion, inquiring into the expediency of amending or re- 
 pealing the ordinance of the Convention creating the Governor’s 
 Council. 
 
 The report was adopted. 
 
 The order of the day coming up, 
 
 Mr. Burley asked and obtained leave to withdraw his substitute 
 for the report of the Committee. 
 
the People of Northwestern Virginia in 1861. 
 
 213 
 
 The question was announced to be on the following substitute 
 offered by Mr. Farnsworth : 
 
 Substitute of Me. Farnsworth for the Report of the Committee on a 
 Division of the State. 
 
 Whereas, In the opinion of the good people of Wlestern Virginia, the 
 long-continued inequality of taxation and representation, as well as the 
 diversity of interests between Eastern and Western Virginia render a 
 separation or division of the State necessary; and 
 
 Whereas, The people of the Eastern part of the State have en- 
 deavored to throw off their allegiance to the Federal Government and 
 place the State in an attitude of rebellion against it, contrary to the 
 wishes and without the consent of the people of Northwestern Virginia, 
 and 
 
 Whereas! All the material interests of this section of the State are 
 closely identified with the Union and its preservation, and can only be 
 secured and protected by severing the unnatural ties that bind us to our 
 Eastern brethren, now in rebellion; therefore, 
 
 Be it ordained by the people of Virginia, Through their delegates in 
 
 Convention assembled, that a new State, to be called the State of , 
 
 be organized and erected out of the counties comprised in the boundaries 
 following, viz: Beginning on the Tug Fork of Big Sandy River, on the Ken- 
 tucky line, where the counties of Buchanan and Logan join the same, 
 and from thence running with the dividing line of said coun- 
 ties, and the dividing line of the counties of Wyoming and Mc- 
 Dowell to the great Flat Top Mountains, and with the divid- 
 ing lines of the counties of Raleigh and Mercer, Fayette, Nicholas and 
 Greenbrier, Webster and Pocahontas, Randolph, Pocahontas, Pendleton 
 and Highland, to the Shenandoah Mountains, and with said Mountains, 
 following the dividing lines between the counties of Pendleton and Rock- 
 ingham, Hardy and Shenandoah, Hampshire and Frederick. Morgan aryl 
 Frederick, Berkeley and Frederick, Jefferson and Clark, and Jefferson and 
 Loudon to the Maryland line, and such other counties as lie continguous to 
 and adjoin the counties embraced in the boundaries aforesaid, as shall by 
 a vote of the qualified voters residing within the same declare a desire to 
 be attached to and form a part of said State, and the Legislature may so 
 change the boundary lines, as herein set forth, as to include said counties, 
 provided the vote be taken on the same day as hereinafter fixed for taking 
 the sense of the voters within the counties embraced in the boundaries first 
 herein mentioned. 
 
 2. That the present Constitution of Virginia, with such alterations 
 as the exigencies of the times demand, be submitted to the people for their 
 ratification or rejection at the polls on the first Thursday in November 
 next. 
 
 3. The voters within the boundaries aforesaid, and within the coun- 
 ties that lie contiguous thereto, shall assemble at their respective places 
 of holding elections on the said first Thursday of November next, and 
 cast their votes for or against the formation of a new State, as well 
 as for or against the adoption of the Constitution framed and 
 proposed to them by this Convention. It shall be the duty of the 
 commissioners who superintended, and the officers who conducted the 
 election at the general election in May last, to attend their respective 
 places of holding elections and superintend and conduct the election 
 herein provided for. And if said commissioners and officers shall fail 
 to attend at any such place of holding elections, it shall be lawful for 
 any two freeholders present to act as commissioners in superintending 
 said election, and to appoint officers to conduct said election. It shall be 
 the duty of such persons superintending and conducting said election to 
 
214 Proceedings and Journals of the Conventions of 
 
 employ clerks to record the votes and furnish poll-hooks for the purpose, 
 and to endorse on the respective poll hooks the expenses of the same. 
 
 If on the day herein provided for holding said election there shall he 
 in any of the said counties any military force of any hostile assem- 
 blage of persons, so as to interfere with the free and full expression of 
 the will of the voters, they may assemble at any other place within their 
 precinct and hold an election as herein provided for. 
 
 There shall be two poll-books. One of said poll-hooks shall contain two 
 columns — one column shall be headed “for a new State,” the other 
 “against a new State,” and the other poll book shall in like manner con- 
 tain two columns — one headed “for the Constitution,” the other “against 
 the Constitution.” And the names of all persons now entitled to vote in 
 any of the said counties, and who shall offer to vote, shall be recorded in 
 the one or the other of the columns aforesaid, according as such persona 
 may vote. And it shall be the duty of such commissioners superintending 
 and officers conducting said election, and the clerks employed to record 
 t.he votes, each before entering upon the duties of his respective office 
 to take, in addition to the oath now required by the general election law, 
 the oath prescribed by the Convention which assembled in the city of 
 Wheeling on the 11th of June, 1861. It shall be the duty of the officers 
 and commissioners aforesaid, as soon as may be, and not exceeding three 
 days after said election, to aggregate each of the columns of said poll- 
 books and ascertain the number of votes recorded in each, and make a 
 return thereof to the Secretary of the Commonwealth in the city of 
 Wheeling, which return shall be in the following form or to the following 
 effect: 
 
 We, , Commissioners, and conducting 
 
 officers, do certify that we caused an election to be held at 
 in the county of at which we permitted all persons 
 
 to vote that were entitled under existing laws to vote, and that offered to 
 vote, and that we have carefully added up each column of our poll-books 
 and find the following result: “For a new State” votes; 
 
 “Against a new State” votes. “For the Constitution” 
 
 votes: “Against the Constitution” votes. All of which we cer- 
 
 tify to the Secretary of the Commonwealth. Given under our hands and 
 seals this day of , 1861. 
 
 (SEAL) 
 
 (SEAL) 
 
 (SEAL) 
 
 Under which certificate there shall be added the following affidavit: 
 County, to-wit: 
 
 I, , a Justice of the Peace, (or any officer now au- 
 
 thorized by law to administer oaths,) in and for said County, do certify 
 that the above named commissioners and conducting officers severally 
 made oath before me that the certificate by them above signed is true. 
 
 Given under my hand this day of , 1861. 
 
 J. P. 
 
 The original poll-books shall be carefully kept by the conducting officers 
 for ninety days after the day of election, and upon demand of the Execu- 
 tive shall be delivered to such person as he may authorize to demand and 
 receive them. 
 
 It shall be the duty of the Executive to lay before the General Assem- 
 bly, at its next meeting, the result of said vote, and if it shall be found 
 that a majority of the votes cast shall be in favor of a new State and 
 also in favor of the Constitution framed and proposed to said voters for 
 their adoption, it shall be the duty of the General Assembly to give its' 
 
the People op Northwestern Virginia in 1861 . 
 
 215 
 
 consent to the formation of a new State out of tile territory aforesaid, 
 with, the following conditions: 
 
 1. That the people of the proposed new State shall take upon them a 
 just proportion of the public debt of the Commonwealth of Virginia prior 
 to the 1st day of January, 1861, and receive an equitable distribution of 
 the assets. 
 
 2. That all private rights and interests in lands within the proposed 
 new State, derived from the laws of Virginia prior to such separation, 
 shall remain valid and secure under the laws of the proposed new State, 
 and shall be determined by the laws now existing in the State of Vir- 
 giina. 
 
 3. That the la.nds within the proposed State of non-resident proprie- 
 tors, shall not in any case be taxed higher than the lands of residents 
 therein. 
 
 4. That no grants of lands nor land warrants issued hy the proposed 
 new State shall interfere with any warrant heretofore issued from the 
 land office of Virginia, which shall be located on lands within the said 
 proposed new State, now liable thereto. 
 
 5. That in case any complaint or dispute at any time arise between 
 the Commonwealth of Virginia and the proposed new State, after it shall 
 become an independent State, concerning the meaning or execution of 
 the foregoing conditions, the same shall be determined by six commis- 
 sioners, of whom two shall be chosen by each of the parties, and the re- 
 mainder by the commissioners so first appointed. 
 
 And when the General Assembly shall give its consent to the formation 
 of such new State, it shall forward to the Congress of the United States 
 such consent, together with an official copy of such Constitution, with 
 the request that such new State may be admitted into the Union of 
 States. 
 
 Mr. Boreman, of Tyler, offered the following as a substitute for 
 t.he substitute: 
 
 The Substitute of Mb. William J. Boreman, of Tyler County. 
 
 Whereas, It has been represented to this Convention that a large num- 
 ber of the citizens of this Commonwealth, residing in the Western and 
 Northern part of the State, desire a division of the State, and that the 
 Western and Northern part be formed into a separate State; and the 
 unsettled condition of the country renders it impossible at this time to 
 ascertain the wish of the people within any boundaries likely to be 
 erected into a new State, and we deem it inexpedient, unfair and anti- 
 Republican to underetake to change the State relations of any portion of 
 our people without first having given them a fair opportunity to be 
 heard upon the subject: and 
 
 Whereas. We cannot now tell with any degree of certainty when the 
 people will be relieved from the troublous state into which they have 
 been thrown, and left free to act upon this grave and important subject, 
 and this Convention was hurriedly, and from the most urgent necessities 
 called together by the people to stay the mighty tide of rebellion which 
 was then sweeping over our land, and to do all in our power to save our 
 beloved country from the vortdx of impending ruin; and. 
 
 Whereas, This body is a Convention of the State of Virginia, and not a 
 Convention of Delegates sent by the people from that part of the State in- 
 tended to be formed into a new State; therefore, be it 
 
 Resolved , 1st. That it is premature, and would he taking unwarranta- 
 ble advantage of our position and great injustice to those of our fellow- 
 citizens, within the boundaries of the proposed new State, who are not 
 and cannot at this time be represented in this body, for this Convention 
 to undertake the formation of a Constitution for such new State. 
 
216 Proceedings and Journals of the Conventions of 
 
 2d. That we are not only willing but anxious that" a vote of the peo- 
 ple should be taken within the territory proposed to be formed into a new 
 State, upon the question of a division of the State, so soon as the affairs 
 of the country are in such condition that the people can meet at the 
 polls and give a free and fair expression of their sentiments upon the 
 subject, therefore we recommend [to] the General Assembly, provided the 
 people within the proposed boundaries shall be freed from their present em- 
 barrassments and the state of affairs in the country will then admit of 
 a full and free expression of the popular sentiment, to provide for taking' 
 a vote within the proposed boundaries on the question of a division of 
 the State, on the first Thursday of January next. 
 
 3d. That it is the sentiment of this Convention that the best interests 
 of both sections of the State demand a division and we further call upon 
 and recommend [to] the General Assembly that they shall, so soon as the 
 people within the boundaries proposed for a new State, enact all laws 
 in conformity with the Consstitution of the United States, which may 
 be necessary to carry out the wishes of the people so expressed. 
 
 The question recurring upon the substitute for the substitute, Mr. 
 Van “Winkle proceeded to address the Convention at length and 
 elaborately upon the subject of a division of the State, beginning 
 at the call of the Richmond Convention, giving a full history of 
 movements in Virginia, up to the present time, and arguing against 
 any present attempt to divide the State. — The speech occupied two 
 hours, and is in itself an admirable production. We shall take oc- 
 casion at as early a day as possible to publish a full report of it. 
 
 After Mr. Van Winkle had concluded, 
 
 The Convention took a recess till two o’clock. 
 
 afternoon session. 
 
 The Convention met at 2 o’clock. 
 
 Mr. Crane, of Randolph, having the floor proceeded to reply to 
 Mr. Van Winkle, reviewing that gentleman’s position at considera- 
 ble length. We shall have to defer a report of this until the publi- 
 cation of the speech to which it was a reply. 
 
 After Mr: Crane had concluded, 
 
 The President announced the question to be on the adoption 
 of the substitute of the gentleman from Tyler. 
 
 On that question Mr. Snider demanded the yeas and nays. 
 
 Fontain Smith said he desired to speak to the question, but he 
 was at present physically unable to do so. He would like to have 
 the vote postponed till morning, that he could have an opportunity 
 to speak. — for that purpose he moved an adjournment. 
 
 Mr. West hoped they would not adjourn without taking this 
 vote, it could easily be done. It was a test vote, and by allowing 
 
the People op Northwestern Virginia in 1861. 
 
 217 
 
 it to be taken they could now tell whether the Convention intended 
 passing anything looking to a separation or not. They had yet three 
 hours, and much could be done in that time. 
 
 Mr. Snider merely wished to say, that if they did not intend 
 to take any action in this matter, they had better go home, and not 
 remain here at an expense of some $3000.00 a week. If they in- 
 tend to vote down this division let them vote it down and be done 
 with it. They had had a speech yesterday that cost their constitu- 
 ents $400.00, and two to-day costing them $200.00 each. He thought 
 prudence would dictate that if they intended to do anything, they 
 had better do it and be done with it. 
 
 Mr. Burdett hoped the friends of division would vote down the 
 motion so as to get a test vote. 
 
 Mr. Paxton trusted [that] the usual courtesy would be extended 
 to the gentleman from Marion. 
 
 Mr. Snider demanded the yeas and nays, on the motion to ad- 
 journ, which being taken resulted — yeas 45, nays 31. 
 
 So the Convention adjourned. 
 
 ADJOURNED SESSION— NINTH DAY. 
 
 THURSDAY, AUGUST 15, 1861. 
 
 The Convention met at ten A. M. 
 
 Prayer by Rev. D. W. Fisher, (of New Orleans) of the Presbyte- 
 rian Church. 
 
 Minutes read and approved. 
 
 Mr. Burdett moved to suspend the rule for the purpose of offer- 
 ing a resolution to limit and close debate on the subject of a division 
 of the State. 
 
 The resolution was read as follows: 
 
 Resolved. That no member be allowed to speak to-day more than one 
 hour, and from and after to-day no member be allowed to speak more 
 than ten minutes on any subject, and that the debate on the subject of 
 a division of the State close to-morrow at three o’clock P. M. 
 
 The rule was suspended. 
 
 Mr. Polsley moved to strike out the latter clause, so as not to 
 limit to ten minutes or to name any time for closing the debate. 
 He was in favor of a full and free discussion. 
 
 Mr, Zinn moved to amend the amendment by striking out “at 
 3 o’clock”. 
 
 The amendment was accepted. 
 
 / 
 
218 Proceedings and Journals of the Conventions of 
 
 Mr. Smith, of Marion, said that restricting a member to one 
 hour was simply to exclude members from the privilege of doing 
 themselves justice before their constituents. What he desired to 
 say he could not say in an hour. He asked as a courtesy that he he 
 allowed more time. He was' willing to sit and listen to other mem- 
 bers till midnight, if need be. 
 
 Mr. West thought it would be no more than justice to give the 
 gentleman the time he desired. He had spoken and was not limited, 
 and in order that other gentlemen might have the same privilege, 
 he moved to lay the resolution on the table. 
 
 The question was put and the resolution tabled. 
 
 The order of the day was then taken up, it being the question 
 upon the substitute of Mr. Boreman, for the substitute of Mr. Farns- 
 worth for the report of the Committee on a Division of the State. 
 
 The substitute was read by the clerk. 
 
 Mr. Ritchie, of Marion, said that with the consent of his col- 
 league he would like to make a few remarks. He was but a plain, 
 unpretending old farmer, but had his views nevertheless on this 
 momentous question, and he felt that he would not be doing his 
 duty if he withheld their expression here. 
 
 He began by alluding to the indignation with which the passage 
 of the ordinance of secession was received in Northwestern Vir- 
 ginia, and reviewed the circumstances of the calling of the first con- 
 vention, its decling totake action in dividing the State, and the call- 
 ing of the second convention. 
 
 He thought many members of this Convention were over zealous 
 in this matter. He held that a division of the State now would be 
 in violation of the spirit, if not the letter of the [Federal] Constitu- 
 tion and cited the clause in reference to the formation of new States ; 
 that the consent of the whole State must be had, and not of one- 
 third or one-fonrth ; that it would embarrass the action of the Gen- 
 eral Government in its effort to put down rebellion; that the sla- 
 very question must come up in the formation or adoption of a Con- 
 stitution, and this would not only create controversy in Congress, 
 but bring about a divided sentiment among our own people, which 
 must result very disastrously. The present reorganized State Gov- 
 ernment would have to be abrogated, and the people of a portion of 
 the State left without any government whatever. Such a move- 
 ment must at this time tend to weaken the strength of the General 
 Government and retard the restoration of the Union. 
 
the People op Northwestern Virginia in 1861. 
 
 219 
 
 He desired a division of the State at the right time ; none more 
 than he did; but believing the results could be nothing but unfor- 
 tunate, he desired to enter his solemn protest against any measure 
 looking to a division of the State at this time. 
 
 He presented the following letter from a gentleman in high po- 
 sition in the government at Washington, which he desired the clerk 
 to read : 
 
 Attorney General's Office, 
 
 August 12, 1861. 
 
 Hon. A. F. Ritchie, 
 
 Virginia Convention, 
 
 Wheeling. 
 
 Sib:- — Your letter of the 9th instant was received within this hour, and 
 as you ask an immediate answer, you, of course, will not expect me to go 
 elaborately into the subject. 
 
 I have thought a great deal upon the question of dividing the State of 
 Virginia into two States; and since I came here, as a member of the gov- 
 ernment, I have conversed with a good many, and corresponded with 
 some of the good men of Western Virginia in regard to that matter. In 
 all this intercourse, my constant and earnest effort has been to impress 
 upon the minds of those gentlemen the vast importance — -not to say ne- 
 cessity — in this terrible crisis of our national affairs, to abstain from the 
 introduction of any new elements of revolution, to avoid, as far as possi- 
 ble, all new and original theories of government; but, on the contrary, 
 in all the insurgent Commonwealths to adhere, as closely as circumstances 
 will allow, to the old constitutional standard of principle, and to the tra- 
 ditional habits and thoughts of the people. And I still think that course 
 is dictated by the plainest teachings of prudence. 
 
 The formation of a new State out of Western Virginia is an original, 
 independent act of Revolution. I do not deny the power of Revolution 
 (I do not call it right — for it is never prescribed, it exists in force only, 
 and has and can have no law but the wil of the revolutionists.) Any at- 
 tempt to carry it out involves a plain breach of both the constitution — 
 of Virginia and the Nation. And hence it is plain that you cannot 
 take that course without weakening, if not destroying, your claims upon 
 the sympathy and support of the General Government; and without dis- 
 concerting the plan already adopted both by Virginia and the General 
 Government, for the reorganization of the revolted States, and the resto- 
 ration of the integrity of the Union. That plan, I understand to be this: 
 When a State, by its perverted functionaries, has declared itself out 
 of the Union, we avail ourselves of all the sound and loyal elements of 
 the State — all who owe allegiance to, and claim protection of the Con- 
 stitution, to form a State Government, as nearly as may be, upon the 
 former model, and claiming to be the very State which has been, in part, 
 overthrown by the successful rebellion. In- this way we establish a con- 
 stitutional nucleus around which all the scattered elements of the Com- 
 monwealth may meet and combine and thus restore the old State in its 
 original integrity. 
 
 This, I verily thought, was the plan adopted at Wheeling, and recog- 
 nized and acted upon by the General Government here. Your Conven- 
 tion annulled the revolutionary procceedings at Richmond, both in the 
 Convention and the General Assembly, and your new Governor formally 
 demanded of the President the fulfillment of the constitutional guar- 
 antee in favor of Virginia — Virginia, as known to our fathers and to us. 
 The President admitted the obligation and promised his best efforts to 
 fulfill it; and the Senate admitted your Senators not as representing a 
 
220 
 
 1 ROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 
 
 new and nameless State, now for the first time heard of in our history, 
 but as representing “the good old Commonwealth.” 
 
 Must this all he undone, and a new and hazardous experiment be 
 ventured upon, at the moment when danger and difficulties are thickening 
 around us I hope not— for the sake of the nation and the State, I hope 
 not. I had rejoiced in the movement in Wiestern Virginia, as a legal, 
 constitutional and safe refuge from revolution and anarchy — as at once 
 an example and fit instrument for the restoration of all the revolted 
 States. 
 
 I have not time now to discuss the subj'ect in its various bearings: 
 What I have written, is written with a running pen, and will need your 
 charitable criticism. 
 
 If I had time I think I could give persuasive reasons for declining 
 the attempt to create a new State at this perilous time. At another time, 
 I might be willing to go fully into the question, but now I can say no 
 more. 
 
 Most respectfully. 
 Your ob’t serv’t, 
 
 Edw. Bates. 
 
 Mr. Smith, of Marion, then addressed the Convention in opposi- 
 tion to an immediate division of the State. The first part of his 
 argument was devoted to showing the natural antagonism between 
 Eastern and Western Virginia ; an antagonism of commercial inter- 
 est, of climate. and production, of social habits and thought, of edu- 
 cational modes and even religions, and showed that all these de- 
 manded separate governments for the two peoples. But he con- 
 tended there were at this time difficulties in the way which he 
 deemed insuperable. 
 
 One was that a division could not now be obtained in accordance 
 with the intention of the Constitution of the United States. 
 
 He referred to the action taken by the then territory of Vermont 
 in 1781. in its erection as a State out of the territory of New York 
 and New Hampshire, and how its application had been rejected by 
 Congress until the full consent of both the States had been obtain- 
 ed. Also to the action taken by a convention during the year 1784, 
 in what was then the territory of Franklin, (now the State of Ten- 
 nessee,) subject to and part of North Carolina. This territory, 
 through a convention, made application to Congress for admission 
 into the Union and was rejected on the ground that the consent of 
 the Legislature of North Carolina had not been obtained. The 
 result of the attempt was a deplorable State of civil war which 
 ended only when that people returned to their allegiance to the 
 State of North Carolina, 
 
 He next alluded to the case presented by the formation of Ken- 
 tucky, out of Virginia, in which instance the Legislature of Vir- 
 
the People of Northwestern Virginia in 1861. 
 
 221 
 
 ginia passed an act and the consent of Congress was granted upon 
 application, for the admission. . 
 
 Prom these instances he deduced the principle that new States 
 to be formed of two other States, or carved out of any one State, 
 must have the full consent of such States to their erection. 
 
 The speaker proceeded to argue that such consent of the people 
 of Virginia could not now he obtained. That the larger part of the 
 States was iu duress, and could give no expression either through 
 representatives or otherwise ; and that it would be both wrong and 
 unconstitutional to proceed to take advantage of what he styled a 
 “legal fiction,” in order to now obtain a division of the State in 
 opposition to the Eastern part of the State, which was as much 
 interested in the matter as ourselves, a.nd had the same right to be 
 heard. 
 
 Having now assumed to be the State of Virginia, they were of 
 course responsible for the entire State debt. If they divided the 
 State and abdicated all the government of Virginia, then, of course, 
 it would be running counter to the- interests of those who held $50,- 
 000,000 of bonds against the State, and all their opposition would 
 have to be encountered. This was one difficulty in the way. 
 
 His own position was taken boldly, and was, that a division of 
 the State could only be obtained by the consent of all of Virginia, 
 Eastern and Middle, as well as Western, and he argued that when 
 the rebellion should have been driven out of the rest of the State, 
 the power of government would be in the hands of a different class 
 of men in that part of the State from what it is now, poor men, 
 whose interests would be identical with our own, who would be 
 friendly to us and who, should we still desire it, give in their con- 
 sent to a separation. 
 
 In regard to the possible failure of the United States to sustain 
 itself, a division would in that event make us no bettter off, for then 
 the Government would not he able to dictate terms, and Jefferson 
 Davis determine not to surrender one foot of Southern soil, would 
 sweep away all our imaginary lines as if by a magician’s wand. 
 But he had never doubted, and did not now, that the Government 
 would entirely succeed, and in that event we were safe anyhow. 
 
 'As to the question of slavery, he looked upon it as a matter of 
 climate and soil. When men learned their interests they would al- 
 ways be governed by them. Had men taken this view of slavery it 
 would have saved much bloodshed to the country. Slavery was 
 
222 Proceedings and Journals op the Conventions op 
 
 constitutionally right, but it might not he always practicably so. 
 He was willing to leave the settlement of that matter to a ma- 
 jority, and would submit to whatever might be the decision, but if 
 this question was agitated now whilst the present party was in 
 power, just so sure would an application for admission be rejected. 
 His plan was to adopt the present State constitution with such 
 modifications as might be necessary and hold an election, say Octo- 
 ber next, to get an expression of the people. 
 
 After Mr. Smith had concluded his speech, of which we are able 
 to give but a very brief synopsis, the Convention took a recess. 
 
 AFTERNOON SESSION. 
 
 The Convention re-assembled at half past two. 
 
 Mr. Paxton obtained the floor and proceeded to say that he had 
 no intention of afflicting the Convention with a set speech, but sim- 
 ply to give expression to a few remarks upon the question before 
 them. 
 
 They had before them the most important question that could 
 come up for consideration, and there should be a full and complete 
 expression upon it. He was free to admit that nothing should be 
 done here to embarrass the government. It could not be denied 
 that the greater part of the loyal people of Western Virginia was 
 represented here. These people, he went on to show, had long been 
 oppressed by the remainder of the State, and even their warning, 
 when the ordinance passed, that the people would not submit was 
 treated with a sneering contempt. We had submitted, they said, 
 and would again. 
 
 That our best interests demanded a separate State government 
 from those from whom we are naturally separated does not demand 
 an argument ; and now, if this was so, and our people were clamor- 
 ous for it, and if the constitutional difficulty to a separation had 
 disappeared, why may they not now when they had the opportunity 
 and power, initiate steps for a division of the State. 
 
 The answer is that this would embarrass the General Government. 
 The whole answer, we believe, could be summed up in this, notwith- 
 standing the said questions urged here. 
 
 With all deference to the opinion of these gentlemen, he could not 
 see how action in this manner could embarrass the Government. 
 They were now entirely dependent upon the Government and even 
 
the People of Northwestern Virginia in 1861. 
 
 223 
 
 if now everything were done necessary to make a division, it would 
 avail nothing unlsss assented to by Congress. This could not, 
 therefore, embarrass the Government. 
 
 If this State was ever to be divided, it must be begun some time 
 by somebody. It would not divide itself. If it be so desirable was 
 it not their duty here to undertake it, and if Congress refused they 
 would have discharged their duty, and he thought Congress nor no 
 one would blame them for looking to their own interests. This argu- 
 ment of embarrassing the Government reminded him of somebody 
 who said during the oil excitement that it was sinful to bore for oil. 
 “because,” and then said he “it is evident that Providence placed 
 this highly inflammable substance in the bowels of the earth to as- 
 sist in the general conflagration of the world, and if you keep on 
 you will get it all out directly and then you will defeat the de- 
 signs of Providence.” (Laughter.) He believed Congress would 
 in good time sanction any proper division that might be made, and 
 he thought the Convention should not adjourn without taking some 
 step to meet the expectations of the people. 
 
 Mr. Lewis obtained the floor and said that early in this contest, 
 forced upon the loyal people of this country, it was his fortune to 
 have been regarded as loyal, and in several canvasses to assist in 
 staying the hand of rebellion. 
 
 The meeting was held in Clarksburg to call the Convention here 
 in AVheeling. He had been appointed to the Convention, but de- 
 clined because he had understood it was called to organize a pro- 
 visional government for Northwestern Virginia alone. 
 
 When the Convention was first assembled here it was for the 
 purpose of dividing the State, and if they now failed to do this 
 they would defeat the purpose, and the only one, the people had in 
 calling together this Convention. He had listened with pleasure 
 to the ingenious and able speeches that had been made here by his 
 friends from Wood and Marion. He had been pleased with that 
 portion of their speeches depicting the condition and wrongs of 
 Western Virginia, and that part showing that we had practical, 
 constitutional government here, fully recognized as such. The 
 gentleman from Marion told them he was ready to divide the State 
 whenever it could be done constitutionally, and according to the 
 gentleman from Wood, it had all the power that any government 
 of the State could have. If so, where is the difficulty upon Con- 
 stitutional ground? 
 
224 Proceedings and Journals op the Conventions op 
 
 They had warned their eastern brethren that they had not the 
 power to protect us here ; and after the ordinance of secession 
 passed civil government was powerless here, and they were forced 
 to form a government here for their own protection. 
 
 He referred to the language of Letcher prohibiting the exporta- 
 tion of provisions, and said we had not had Republican government 
 until this was formed, and it was right to establish one, and the 
 duty of General Government fo protect us in this Government. 
 
 Well, how long did gentlemen expect this provisional govern- 
 ment here to last? He believed it was intended to last six months. 
 Did they propose to follow the example of the Confederate States 
 and keep the people under a provisional government in which they 
 had no voice? 
 
 Did his friends who had spoken propose that this provisional 
 government, in which the people had not had as much voice as 
 they desired, should last until this revolution should come to a 
 close? He admitted the necessity of the establishment of this pro- 
 visional government, but the moment that necessity had passed 
 away, let the government expire. Who could tell when this great 
 question should be settled, and shall our people be deprived till 
 then of their rights in a representative government ? 
 
 Mr. Van Winkle said it was not called a provisional govern- 
 ment. It was to terminate in six months. It was temporary only 
 in its executive. 
 
 Mr. Lewis inquired what was then to be done when the six 
 months were out ; when was it to come back to the representative 
 character? If it was now in their power to bring it back to that, in 
 the name of the people of this country, and of representative gov- 
 ernment, he demanded it should be done. 
 
 He admitted there were difficulties. But what great achieve- 
 ments did not encounter difficulties? But were the people to be 
 thwarted from their wishes because there were difficulties? What 
 disposition was to be made of the public debt? The secessionists, 
 by their own former action, are committed to the adjustment of 
 such matter by commissioners, of the Southern Confederacy, made 
 a proposition to adjust by commissioners, the account; between 
 them and the Government. 
 
 He went on to show how much the West had contributed to the 
 improvements of the East, and declared that they did not owe the 
 East a dollar. He proposed to charge the counties with all they 
 
the People of Northwestern Virginia in 1861. 
 
 225 
 
 had received and credit them with all they had furnished. Then 
 let every fair demand he met that might he made upon the govern- 
 ment. 
 
 As for the question of slavery; he did not think it worth while 
 to hlinlc it. — Gentlemen were in the habit of apologizing for speak- 
 ing of this question. It had been mooted here, it was a question of 
 magnitude, hut one, he thought, that ought to create no difficulty 
 at this time. Were they willing to make sacrifices for the greatest 
 good to the greatest number? — Time with the particular operations 
 of interest would dispose of that question in Northwestern Vir- 
 ginia. Let the situation of the State be as it was now without the 
 dotting of an “i” or the crossing of a “t”. He had resisted rebel-, 
 lion because he believed it would strike a death blow at the insti- 
 tution of slavery. But this institution would go wherever it is 
 profitable, and cease wherever it is not. Let them not hear the 
 ravings of the abolitionists in their midst; but let the question be 
 left to the silent laws of political economy. But if that question 
 was to be met here let it be met now. Word had gone forth that 
 they were afraid to organize a State government here, less the 
 emancipationist should raise his head in our midst; that there was 
 danger of this being a free State or breaking up in confusion and 
 he wanted to meet the question now and see whether this was the 
 case or not. 
 
 The question was no novel one. At the time of the formation 
 of the Constitution, the smaller States demanded that Virginia 
 should cede this Northwestern territory to help pay a war debt 
 and because Virginia and New York, with all this territory, would 
 become too powerful for the safety of the other States. Virginia 
 then resisted the cession of that territory; and she never would, it 
 was evident, consent to a division in time of peace. It was long 
 ago anticipated that this ve”y people would one day revolutionize 
 to cut the cords that bind us to the East. Virginia, fearing that 
 some day the West would get the ascendancy, a statute was en- 
 acted making it treason to attempt a division of the State. lie 
 read the statute, making it treason to attempt to erect any 
 “usurped government” within the State, and said he believed in 
 time of peace it would be treason to propose the re-erection of any 
 such government as this within the State, and would even be 
 treason to petition the Legislature on the subject. And was it sup- 
 posed that a people who had always violated thus the natural and 
 
226 Proceedings and Journals op the Conventions op 
 
 guaranteed rights of freemen, would ever consent to a division 
 which they had always so sedulously guarded against. But East- 
 ern Virginia had a reason for this, and that was the salvation of 
 her own material interests, and not so much the oppression of 
 Western Virginia; and because our prosperity must of necessity 
 detract from hers. Did they think that in times of peace, the 
 East would allow the formation of a new State, through which a 
 great thoroughfare leading from the lower Ohio by a shorter route 
 towards New York, the great centre of Commerce, could be made, 
 which would come in conflict with her channels of trade ? 
 
 As for the question of boundary, he knew it would be a difficult 
 one, but it had to be met, and might as well be met now. He be- 
 lieved they should not take in any unwilling county, or any which, 
 by geographical position and material interest was not with us. 
 He would like to have Jefferson for this great line of railroad to 
 run through and he would like to have the counties along the line 
 of the Baltimore and Ohio Railroad, but it was not absolutely es- 
 sential, for the road had a right-of-way of which it could not be de- 
 prived. He confessed, however, that where a county was situated in 
 our midst which might not now be loyal, we had a right to take it 
 in, if a majority of those around it should say their interest re- 
 quired it. But he did not desire to bring in such counties which 
 lay upon the borders if they were unwilling; however, a provision 
 might be made' to provide for an expression from all such, and let 
 the matter be determined by that. 
 
 This now was the only recognized government in the State. If 
 action were taken now they could go before Congress having ful- 
 filled all the requirements of the United States. The Constitution 
 did not require the assent of the people of Eastern Virginia, but 
 of the Legislature of Virginia. They did not belong to the East 
 but to themselves, and why should they go on bended 
 
 knees to those from whom they had received much wrong 
 and nothing of good. The West had grown to be a 
 
 power not by their aid, but in spite of them. We should 
 
 take advantage of the position the East, by their own act, 
 
 had placed us in, and not be withheld by any mock modesty. 
 Would Congress refuse this request made by loyal citizens wishing 
 to take their destinies in their own hands? He believed not. He 
 believed the General Government would recognize us. He could 
 not see how it would prejudice the cause of our common country 
 
the People of Northwestern Virginia in 1861. 
 
 227 
 
 It might, however, address itself to the fears of the Southern States 
 situated as Virginia is, with a loyal section within their boundaries, 
 lest they should do as we are doing. That was their lookout, not 
 ours. He repeated that this Convention had been convened for the 
 express purpose of a division of the State, and read letters from 
 citizens of the interior urging some measure looking to that pur- 
 pose. He had presented these letters here that the voice of their 
 people might be heard here. It was their duty as representatives 
 to represent that voice or resign. One of the letters was from 
 Hon. William G. Brown, and Mr. Brown told them now was the 
 time. 
 
 After Mr. Lewis had concluded. 
 
 Mr. Polsley gave notice that he desired to speak tomorrow. 
 
 Mr. Carli£e offered a proposition with a view that it should be 
 printed. 
 
 The paper was received and ordered to be printed. 
 
 Mr. Smith, of Marion, said that as numerous letters had been 
 read, he proposed that a letter from Mr. Bates to a member of this 
 Convention, should be read. 
 
 Several members said it had been read. 
 
 Mr. Carlile said in reference to this letter which had been read, 
 that there was another letter from Mr. Bates now in the possession 
 of the Secretary, in -which that gentleman took very different 
 grounds from those taken in this one; and if Mr. Bates was to be 
 dragged in here for the purpose of influencing gentlemen to run 
 counter to the wishes of their constituents, he would insist that he 
 should be brought in in both phases in which he had placed him- 
 self. (Laughter.) 
 
 For himself, he knew not Mr. Bates in this transaction, nor any 
 other high functionary; he knew alone the interests of the people 
 to whom he was indebted for a place on this floor ; and their inter- 
 ests and wishes should be the guide of his action, uninfluenced by 
 any letters from those in authority. If the opinions of members 
 of the Administration were to be used to influence thehi in per- 
 haps the greatest question that ever interested a people, he could, 
 if it would not be doing injustice to other members of the Admini- 
 stration, relieve them from the suspicion of participating in this 
 second edition of Bates. 
 
 Mr. Smith retorted that Mr. Bates was as good authority as 
 other letters read here this evening. 
 
228 Proceedings and Journals op the Conventions op 
 
 Me. Carlile replied that Mr. Bates might be very good author- 
 ity, but he was not their constituents. (Laughter). 
 
 Mr. Polsley moved to adjourn. 
 
 Mr. Burley asked the gentleman to withdraw his motion to al- 
 low the rule to be suspended to enable him to offer a resolution ; 
 and he would just take occasion to say that he thought it very un- 
 just to attack Mr. Bates as interfering here when the letter was 
 written only in answer to one addressed to him on the subject. 
 
 The rule was suspended, and Mr. Burley offered his resolution, 
 which was adopted, as follows : 
 
 Resolved, That during the remainder of the session this Conven- 
 tion will meet at 9 o’clock A. M., sit till half-past 12 P. M., and 
 meet again at 2 P. M. 
 
 The Convention then adjourned. 
 
 ADJOURNED SESSION— TENTH DAY. 
 
 FRIDAY, AUGUST 16, 1861. 
 
 The Convention met at half-past 9 A. M. 
 
 Minutes read and approved. 
 
 The order of the day was taken up. 
 
 The question was announced upon the adoption of the substi- 
 tute of Mr. Boreman, of Tyler, and upon this 
 
 Mr. Polsley, of Mason, proceeded to address the Convention. 
 
 He said there was a great principle at the base of our action 
 here. Let us try to discover it and adhere to it, for after all if the 
 principle of our action was not correct we must certainly fail. Be- 
 fore proceeding to review their action here, he proceeded to pay 
 his respects to the gentleman from Harrison, who had been the 
 first mover of their movement here. 
 
 The Convention of May had been correctly denominated a mass 
 meeting, and the primary object of that Convention was a division 
 of the State. The county of Mason was at that time almost a unit 
 for a division, but the representatives of that county came to that 
 mass meeting prepared to adopt any course that might seem best. 
 They listened to the discussion at that time, and the result of that 
 debate was to satisfy them that they were not then ready to act for 
 a division of the State ; that it was then premature. He went on to 
 speak of the somewhat acrimonious debate that ensued between 
 
the People op Northwestern Virginia in 1861. 
 
 229 
 
 Mr. Carlile and Messrs. Jackson, Willey anl Pierpont. and the 
 offering and adoption of the proposition whieh resulted in harm- 
 onizing their action. That proposition did not in so many words 
 call for a re-organization of the State government, but he was sat- 
 isfied at the time that it must result in that. ITe spoke of the ap- 
 pointment of a Central Committee and the calling of another Con- 
 vention and said that he would take it upon himself to say that 
 This Convention was not called for the purpose of dividing the 
 State, but they were called together for the sole purpose of reor- 
 ganizing the State government. The appointment of that Com- 
 mittee was substantially the appointment of a provisional govern- 
 ment, with the gentleman from Harrison at its head, and it was so 
 understood everywhere, by the people and by the Federal authori- 
 ties; and at the request of that Committee aid was furnished to 
 Western Virginia by the Federal Government. It was substan- 
 tially a provisional government, and so recognized by the public 
 authorities. 
 
 Now in relation to what were the objects of the calling of this 
 Convention, he read the eighth resolution of the May Convention, 
 appointing the election for delegates to this Convention here on the 
 11th of June, “to devise such measures and take such action as the 
 safety and welfare of the people may demand.” 
 
 The Committee proceeded to take such measures as they deem- 
 ed best, issuing addresses, etc., from one of which he read to show 
 that the object shadowed forth in both that Address and the reso- 
 lution of the May Convention, was to maintain their position 
 in the Union ; to organize resistance to secession. There was 
 another Address issued by the committee, in which the object of 
 this Convention was set forth as proposing to proceed to reorganize 
 the government of Virginia, and nothing more nor less. Was he 
 wrong in saying this? 
 
 Mr. Carlile said in reply, that he did not remember whether 
 the gentleman had stated it right or not ; the Address had not been 
 written by himself, but by another member of the committee. 
 
 Mr. Polsley said such was his recollection, that it distinctly set 
 forth that object. He knew that speeches of gentlemen in the first 
 Convention contemplated a division, but this Convention was not 
 to be governed by such expressions, but by the authorized expres- 
 sions and conclusions of that body, and the documents he referred 
 to showed that this Convention was called for the specific purpose 
 of a reorganization of the State government. 
 
230 Proceedings and Journals op the Conventions op 
 
 Not only so, but such was the understanding, and such sub- 
 stantially our own declaration in the first session of this Conven- 
 tion ; and must they now go back and reverse their own decisions 
 deliberately made? Then they had acted upon this very point and 
 acted specifically, and this body unanimously declared that during 
 the present revolutionary crisis and the continuance of hostilities, 
 it was imprudent and inexpedient to undertake a division of the 
 State. He read from the Address prepared by the Committee on 
 Business and adopted by the Convention at the close of the first 
 session, to sustain this proposition. 
 
 Now they were asked, clamorously demanded, to act upon the 
 division question. "Was there not danger of comhiitting the error 
 committed by the Convention at Richmond of exercising powers 
 not intended to be conferred upon them by the people ? He thought 
 there was. He had therefore deemed it necessary to recur to the 
 powers conferred upon them by the people. They should limit 
 themselves to their legitimate powers. A certain amount of action 
 was necessary, but it had been determined by this Convention it- 
 self not to take any action not absolutely necesssary for the im- 
 mediate safety of the people; and this action taken here now had 
 received the sanction of loyal people everywhere, and of the au- 
 thorities of the United States. Did they suppose if they had in- 
 augurated a mere paper re-organization of the government they 
 would have received this sanction and recognition? No, Sir. 
 
 He appealed to them as statesmen to maintain their consistency, 
 and not to stultify themselves by repudiating all their former ac- 
 tion. If they proceeded now to direct a division of the State be- 
 fore a free expression of the people could be had, they would do a 
 more despotic act than any ever done by the Richmond Convention 
 itself. That Convention had offered the people of the State at least 
 the form of a vote, and the Northwest at least had had a full and 
 free expression ; and now they proposed to cut off Eastern Virginia 
 without even the form of a vote. They now proposed a division 
 when it was impossible for one-fourth of even the counties included 
 in the boundaries proposed to give even an expression upon the 
 proposition. Were they to act for the West alone, and when but 
 a small portion of it even could speak? But gentlemen told them 
 the enemy would soon be expelled, and then they could have a 
 vote. 
 
 Mr. Lewis inquired whether the gentleman would vote for the 
 
the People op Northwestern Virginia in 1861. 
 
 231 
 
 original bill or the substitute of the gentleman from Upshur, or for 
 that of Mr. Carlile, if the time of holding an election for an 
 expression of the people should be put off till the first of January. 
 
 Mr. Polsley said if he would so modify his proposition as to 
 let the Legislature order an election so soon as it might appear that 
 a satisfactory and free expression might be obtained. But he was 
 opposed to fixing a particular day. He believed that a. proposition 
 to divide the State should originate in the Convention. He did de- 
 sire most earnestly that this Commonwealth might be divided as 
 early as possible, but he feared a false step now would effectually 
 defeat the grand object which they all had at heart. 
 
 As for the danger in ease of a compromise with a rebellion, he 
 had never for one moment felt a doubt of the ultimate success of 
 the arms of the Union, but if that danger did exist then he main- 
 tained their present position was much stronger than if changed in 
 any particular. Was it presumable that in such an event the State 
 of Delaware or Maryland could be transferred without their assent? 
 If not true of them neither was it true of the State of Virginia. 
 On the hypothesis that we were the legitimate government of Vir- 
 ginia, could any compromise be made to transfer Virginia without 
 the consent of our government here? 
 
 They had been told that the people are clamorous for imme- 
 diate action. He had endeavored to find out if this was an imag- 
 inary or a real clamor. When people are oppressed, or desire a 
 grand object through their representatives, it has been customary 
 to present their petitions for that purpose. Had a solitary petition 
 been offered here? 
 
 A Member said some three or four had been offered here, sign- 
 ed by some seven hundred names. 
 
 Several members volunteered to give the gentlemen information 
 as to the willingness of their constituents to sign such petitions. 
 
 Mr. Polsley resumed: ‘‘ Well, then, here were seven hundred 
 
 out of some 640,000, who had petitioned them on this subject.” 
 
 The Speaker followed at some length in a criticism upon the 
 course of the Hon. William G. Brown, of Preston, for attempting, as 
 he said, to influence members of the Legislature to go for an im- 
 mediate division. 
 
 He had been told that Senator Johnson, of Missouri, had express- 
 ed an opinion in favor of a division of this State, and that opinion 
 was used as an argument here. Who was Senator Johnson? He 
 
232 Proceedings and Journals op the Conventions op 
 
 was a nephew of Ex-Governor J oseph J ohnson, of this State. Sena- 
 tor Johnson was found alongside of John C. Breckenridge, and 
 others like him and was a secessionist, and gave that advice because, 
 if acted upon, it would destroy public confidence in this body and 
 our government here. 
 
 Mr. Carlile wished to say a word in justice to Senator Johnson, 
 but 
 
 Mr. Polsley declined to give way. He insisted that by the 
 Union men of the country Senator Johnson was regarded as a se- 
 cessionist; and his proposition was the very identical advice he 
 would expect to hear from every secessionist in the land. Let him 
 inquire if there was a solitary Senator in Congress, or member of 
 the House of Representatives, who was in favor of immediate ac- 
 tion towards a division of this State who could be relied on as 
 sound and loyal. No, Sir; all such had advised them to adhere to 
 the position they had now assumed. They had now the support of 
 public opinion, and let them maintain it. Mr. Polsley concluded 
 without being able, on account of ill health, to finish his remarks. 
 
 Mr. Hubbard, of Ohio [county] followed, apologizing for suc- 
 ceeding Mr. Polsley upon the same side of the question. He went 
 hack and reviewed the early steps taken in the movement here in- 
 augurated and argued from the language of the call of the first 
 Convention, and that of the Addresses of the Central Committee, 
 and the resolution of the first Convention, that it was not inaug- 
 urated for a division of the State, but a re-organization of the 
 government for the whole State, and the support of the General 
 Government in putting down rebellion. 
 
 He alluded to the resolutions of Mr. Farnsworth, declaring that 
 the object of re-organizing the government was to obtain the di- 
 vision of the State, which were laid upon the table by a vote of 
 some fifty odd to seventeen. He criticised the course of Mr. Lewis, 
 of Harrison, in relation to his former position upon this question, 
 and referred to a card that gentleman had published denounc- 
 ing the action of the first Convention. 
 
 Mr. Lewis said that the card referred to would show that he 
 was opposed to a disintegration of the State at that time, which 
 he understood the Convention to favor, because he believed it 
 would then have been unconstitutional; hut when the re-organiza- 
 tion of the whole State was suggested he saw that an object which 
 he had long desired might be accomplished constitutionally, and 
 
the People qf Northwestern Virginia in 1861 . 
 
 238 
 
 he had more than onee expressed regret that he had at first mis- 
 understood the object of the movement. 
 
 Mr. Hubbard, resuming, said his objection to action now in the 
 direction of a division was that it would embarrass the General 
 Government in putting down rebellion, and if he did not believe 
 this he would make no objection whatever. He wanted to know of 
 gentlemen if the regular State government now in operation here 
 was destroyed how could the remainder of the State ever be restor- 
 ed to the Union. The President of the United States had said that 
 this movement here was worth more to the Government than an 
 army with banners. He regretted to have heard the suggestion 
 that upon the erection of a new State, and the fixing of the boun- 
 daries at the Allegheny, our young men would rally to that bar- 
 rier to defend us. Why, Sir, what would you have thought if 
 the people of Ohio had rallied to the Ohio river and said: “Here 
 we will defend the Union.” He wanted them not to stand still 
 but to go on until the loyal people of all the State, and of all the 
 South, should be liberated from their present oppression. When 
 this had been done he was willing to go for a division, but not till 
 then. He felt that he was pledged to every Union man in Virginia 
 to press forward their deliverance to a final consummation. It 
 was not a question of self interest, but of duty to the whole coun- 
 try. He wanted them to realize that- they were not a third party, 
 but they were part of the government, and their highest duty was 
 to the Constitution of the United States. He regretted that it had 
 been doubted that the government would not be successful in the 
 contest. He himself had no doubt. He knew of no way to restore 
 the Union except for the loyal people of the seceded States to re- 
 organize their State governments; and now that they had inaug- 
 urated this general movement, he hoped they would rise to the im- 
 portance of this great movement and not turn aside for any ob- 
 ject of minor importance. 
 
 The speaker spent some time in replying to the arguments of- 
 fered a few days ago by the gentleman from Randolph (Mr. 
 Crane) . 
 
 Gentlemen wanted to know how long he was willing to remain 
 connected with the East; just so long he replied, as it should be 
 necessary to sustain the loyal people of the East, and aid the Gov- 
 ernment in putting down rebellion. 
 
 One more thought was that action now would injure this gov- 
 
234 Proceedings and Journals of the Conventions of 
 
 eminent here; that as soon as this other government should he 
 projected they would lose their regard for this one. And in reply 
 to the gentleman from Lewis in reference to wanting a representa- 
 tive government, he would say that a Governor could be elected 
 as easily and speedily as the State could be divided. 
 
 There were many other points to be noticed in this connection, 
 but he would leave them to other gentlemen. 
 
 After Mr. Hubbard concluded, 
 
 Mr. Zinn made an explanation in regard to the letter written 
 by Mr. Brown, which, it had been' charged here, was written with a 
 view of influencing the action of the Legislature. 
 
 Mr. Farnsworth obtained the floor, but gave way to Mr. Carlile, 
 who addressetl the Convention at length. 
 
 Mr. Carlile having obtained the floor, said : 
 
 Mr. President — I have already said so much on this subject that 
 I feel that it would be inflicting unusual punishment upon the Con- 
 vention for me to enter into anything like an extended line of re- 
 marks now. I do not design to do so ; but will be brief as I can be 
 and pointed as I may. 
 
 We should not, Sir, in the heat of discussion, in our zeal, or in the 
 confidence we have in the correctness of our judgments, allow that 
 zeal to run away with those judgments in the discussion of the ques- 
 tion now under consideration. I have been astounded at listening 
 to speeches from very patriotic and able gentlemen who seemed to 
 argue this question as if our loyalty to the Union was bounded by 
 State lines. My friend who has just taken his seat (Mr. Hubbard) 
 imagines in one moment that our loyalty to the Union ceases the 
 instant the people of this country should run a line separating tlietm 
 from the residue of the State, and in the same breath, almost, he 
 shows conclusively that that cannot be, for he pays a well-merited 
 compliment to our loyal friends across the river, 
 
 Mr. Hubbard — I was simply commenting upon the remark of a 
 member that we should fortify along the boundary of the new 
 State when run, and merely referred to our Ohio friends in show- 
 ing how unpatriotic was such a suggestion. 
 
 Mr. Carlile — Well, if I had supposed that loyalty was bounded 
 by state lines, I would be the last to claim the State of Virginia 
 as she stands today upon the question of loyalty, as my own. If 
 gentleman will convince me that the running of a line on the top 
 of the Allegheny mountains, or anywhere else separating the North- 
 
the People of Northwestern Virginia in 1861. 
 
 235 
 
 western portion of the State from the residue of the State, and 
 erecting it into a separate and independent State, would relinquish 
 the patriotism of its people, I would be the last man to do so. Or 
 if you can satisfy me that the action we propose here will embarass 
 the Federal Government in the slightest degree in the effort that it 
 is now making to maintain the Union and the supremacy of the 
 laws, I will join hands with you gentlemen and vote the proposition 
 down. That is the only argument I have heard in which all those 
 who have spoken on the other side of the question concur in the 
 opposition of this movement — that it will embarass the Administra- 
 tion. How, Sir? How? Does the Ohio river that divides us from 
 the State on the other side embarrass the Administration in the ef- 
 forts it is making to put down rebellion ? Is Ohio disloyal ? Does she 
 send fewer troops here? Does she respond less eagerly to the call 
 for men and money to aid the government than she would if there 
 were included within her State limits the soil upon which we stand? 
 Away with the idea that imaginary lines, defining the boundaries 
 of States, crush the power out of the government to maintain and 
 protect itself. And, Sir, I was surprised to' hear that here in the 
 city of Wheeling, the constitutents of my friends on this floor will 
 feel themselves constrained, in the event that the people of North- 
 western Virginia shall be consulted as to the division of the State, 
 to propose that they should be allowed to cut off what they call 
 the “Panhandle” and attach themselves as an appendage to the 
 small end of Pittsburgh ! Wheeling, the city of the West, that in the 
 event of a new State being erected here would be the great manu- 
 facturing and commercial city of the State — Wheeling, which has 
 had to struggle with the State of Pennsylvania to be allowed the 
 privilege of erecting the beautiful and magnificent structure that 
 now spans the beautiful Ohio — Wheeling seeking to be an append- 
 age to the small end of Pittsburgh! Let the question be put. We 
 will vote today if desired ; and I know the good sense and interest 
 of the people of these four counties will prompt them to vote it 
 down. I have no fears that Wheeling will ever commit such suicide 
 as that would be to her. 
 
 Now, Sir, tell me how' the government is to be embarrassed by 
 what we wish to do towards dividing the State? We cannot divide 
 the State. What, then, do we propose to do? We propose that the 
 people within a certain boundary may be allowed to declare their 
 wishes on this subject. That is all; and the bare fact of consulting 
 
236 Proceedings and Journals op the Conventions op 
 
 tlie people upon a question that has long been agitated by them is 
 denounced upon this floor in unmeasured terms. But the act, it is 
 said, will embarrass the government in its military operations. Now, 
 will any gentleman be kind enough to point out how? Show us in 
 what manner this embarrassment is to be effected. I listened atten- 
 tively and with pleasure, as I always do, to the very sensible and 
 able argument of my friend from Mason (Mr. Polsley), and with 
 all his ability and good sense, he contented himself upon this 
 branch of the argument by merely announcing the fact. Now, Sir, 
 I pledge myself to him, and to any other gentleman opposed to this 
 movement, that, if they will assign one solitary reason — one reason 
 true in itself! — if they will point out and show to me how the pass- 
 age of the proposition now under consideration will embarrass the 
 Federal Government in the effort it is making, I will vote with him. 
 
 Mr. Hubbard — How is Eastern Virginia to be restored to the 
 Union, if the State is divided? 
 
 Mr. Carlile — I will tell my friend how. • Who is to restore East- 
 ern Virginia to the Union? Who restored Northwestern Virginia to 
 the Union ? Why, Sir, the loyal people of Eastern Virginia wall have 
 td restore it. That is the way Eastern Virginia is to be restored. 
 That is the way every seceded State in the Union is to be restored — 
 by the action of the loyal people residing within, its limits. But, 
 Sir, this does not prevent us from aiding the restoration of the rest 
 of the State. The passage of this proposition will not defeat that 
 object; it will not render us less powerful than we now are. When 
 do gentlemen suppose we will have assembled here representatives 
 from all of Virginia? — Will they fix any time? I suppose, Sir, that 
 if that sight is ever to be presented to our view, it will be presented 
 before the meeting of the next sesssion of the General Assembly. 
 
 I suppose, Sir, that this object which gentlemen desire if not ef- 
 fected by that time, will be postponed an indefinite period of time ; 
 and I should be willing to accept as true the remarks made by 
 Governor Sprague, of Rhode Island — than whom a more gallant 
 and loyal heart has not exhibited himself during this controversy, 
 marching at the head of his own regiments, regiments composed of 
 men worth their hundreds of thousands of dollars — when he told 
 his Legislature upon his return the other day that this was to be a 
 long, protracted war. It is to be a long and protracted war ; and if 
 we are to take care of our material interests until that Avar shall 
 have ended, as is intimated by the gentleman from Mason — if this 
 
the People of Northwestern Virginia in 1861. 
 
 237 
 
 is to be so, let us know it, and let our people understand it. He 
 says he is for no action until we see represented here every portion 
 of the Commonwealth of Virginia. — Then, Sir, what is thitt declar- 
 ation ? "What does that declaration amount to ? I put it to his candor 
 — I ask him to answer me sincerely, and say if he believes that if we 
 postpone action until we have here a full representation from every 
 county in -the State, a separation ever will be obtained? Sir, if he 
 does, he has more faith than I have. I have none. This State never 
 will be divided if you consult every individual county through rep- 
 resentation in the General Assembly. Gentlemen seem to think, Sir, 
 that it is ungenerous, unkind, to our eastern “brethren” to take 
 this advantage of them now. Unkind! Who among them dares to 
 make that charge? How much, Sir, were our interests or advan- 
 tages consulted when they took upon themselves to throw off their 
 allegiance to that Constitution which Washington formed, when 
 they inauguarated a revolution in our midst and made this the seat 
 of War? 
 
 Mr. Smith, of Marion — “Does the gentleman have reference to 
 the remarks I made?” 
 
 Mr. Carlile — “Not unless you said so.” 
 
 Mr. Smith — “No reference was made by me to the rebellious 
 sentiment in Eastern Virginia, no sympathy expressed for them; 
 but a sympathy was expressed for the Union men there who are now. 
 Mr. President, trampled down by this worse than despotism. That 
 is their situation there;' and we believe that if they could be re- 
 lieved by any effort of ours, a Union sentiment would be developed 
 there which, in gratitude to us, would magnanimously grant 
 to us our rights, and if we would change our present Constitu- 
 tion so as to rest our representation upon the white basis, that we 
 will then have a majority, and we can control the East in these 
 matters. Not that we should hesitate a single moment because of 
 the rebellious sentiment in the East, but because of the loyal sen- 
 timent there.” 
 
 Mr. Carlile — “The gentleman talks of controlling Eastern Vir- 
 ginia by a legislative majority. Sir, we never had, and I venture 
 to say, never will have, a majority in the Legislature of Virginia. 
 
 Now, Sir, when gentlemen speak of the West, they speak of it as 
 defined by a natural line. Sir, in a political sense, there is no 
 West, and never has been, save the Northwest. That is the fact as 
 the records and the journals of the Legislature for the last half 
 
238 Proceedings and Journals op the Conventions op 
 
 century will testify. The only West, in its political sense, is the 
 Northwest. Where was the fight made and the battle fought — as 
 my friend from Wood (Mr. Yan Winkle) well knows — but in the 
 Northwest?” 
 
 Mr. Yan Winkle — “In the Valley.” 
 
 Mr. Carlile — “In how much of the Valley?” 
 
 Mr. Van Winkle— “Nearly all.” * 
 
 Mr. Smith, of Marion* — “Yes, and in the Bast.” 
 
 Mr. Carlile — “Yes, in the East! Wise fought for it. You had 
 Wise over there then; but where is he now? 
 
 But, Sir, look at the lines of improvement in Western Virginia 
 outside of the Northwest. Where do they lead? Where is the rail- 
 road that penetrates Monroe and Greenbrier and the whole South- 
 west? It is the road that runs ffom Richmond. And the canal that 
 has its commencement there and extends on into Covington? They 
 all lead into and connect with the East. It is idle for gentlemen 
 to talk of any other west save the Northwest. All the rest and resi- 
 due of the State is bound by iron bands and commercial ties to the 
 Eastern part of the State, and can never have any commercial in- 
 terests or intercourse with us. 
 
 Sir, in looking to this, for the first time in my life, last fall I 
 traveled through the entire Southwest. I saw these things for my- 
 self, and if gentlemen have never been there they cannot appre- 
 ciate the utter impossibility of ever forming anything like business 
 connections between that portion of the State and this. The 
 wealth of Croesus would not construct a single line of improve- 
 ment, running anywhere from the Northwest into the Southwest, 
 and even if it were possible to build commercial lines it would be 
 an unnatural direction for trade. 
 
 Now, Sir, tell me if you can, how the loyal people of Eastern Vir- 
 ginia are to be retarded in any effort they may hereafter make in 
 extending over them the protection, as has been said, of that flag, 
 (pointing to the Stars and Stripes suspended over the President’s 
 desk.) Do we propose to take up our Government and people and 
 walk over into Rockingham and Shenandoah and take a position 
 there? Or is it, — and it is but fair to suppose that gentlemen be- 
 lieve that there are within all these counties patriotic and loyal 
 hearts panting for an opportunity to show their allegiance to the 
 government formed for them by their fathers, and their hatred to 
 these who have involved them in this rebellion? Is not that the 
 
the People of Northwestern Virginia in 1861. 
 
 239 
 
 idea ? Does any man suppose that ever Eastern Virginia is to be re- 
 stored to the Union as she was before the inauguration of this re- 
 bellion, unless it be by the act of her own people residing within 
 her own limits, and living there, precisely as Northwestern Vir- 
 ginia has done? Then, Sir, tell me how this is to be accomplished. 
 As the armies of the United States march through that portion of 
 the State and drive before them and out of the country, those who 
 are engaged in rebellion, and leave the “loyal hearts” free, can 
 they not act for themselves ? What, then, is to prevent them ? Have 
 they not the saime General Government we have? Have they not 
 the same Constitution that we have ? Have they not the same ‘ ‘ loyal 
 hearts” and the same wise headsi that we have? If they have not. 
 God help them. (Laughter) . I fear that even with our efforts they 
 could not be saved. (Renewed laughter). Sir, this great move- 
 ment that is “worth more than an army with banners,” which as 
 was well said by the gentleman from this city, is the movement 
 which is to restore the Union — this movement has to be made, and 
 effected, and inaugurated, and persisted in by the people inhabiting 
 and residing within the limits of the respective counties that have 
 suffered from secessionism and rebellion. Have they not within 
 their midst loyal men, wise men, men capable of being Governors 
 and members of the Legislature? If they have not they could not 
 send them here. They must have members of the Legislature, and 
 those members must of necessity be selected from among their midst 
 and how do you prevent their patriotic action, by either bringing 
 them to sit in a legislative body at Wheeling, or allowing them to 
 sit in one east of the mountains ? Would they be less wise or less 
 patriotic sitting in a legislative body there, than they would be 
 sitting in one here ? I grant you they would not have the benefit of 
 our counsel, but in days gone by they have been unwilling to 
 take our counsel. We have endeavored to force it upon them, but 
 we have always been told in effect, to stand aside, and we have been 
 spoken of as the “disgraced Northwest.” And it is to these, “our 
 brethren,” who have brought upon us calamities under which our 
 whole country is reeling and tottering — who have involved us all in 
 one common ruin — it is tender consideration for these gentlemen 
 that is to stay us in an effort made to relieve us from a dominant 
 and arrogant governmental majority, and place us where, and make 
 us what nature and nature’s God designed us to be, a free, separate, 
 independent, political community, occupying a place upon that flag, 
 
240 Proceedings and Journals of the Conventions of 
 
 a star as large as either of them, side by side with the thirty-four 
 now there. This is to be sacrificed; our material interests are not 
 to be considered; the wealth contained within the surface of our 
 soil is to remain as it has always been, undeveloped ; and we are to 
 seek in other States and in other communities, that sympathy that 
 we should share and which we would share in our own State, if 
 we were not separated from the rest of it by natural insurmounta- 
 ble harriers. 
 
 But, Sir, a resolution offered by my friend from Upshur, (Mr. 
 Farnsworth,) at the last session of the Convention, is referred to 
 as having been defeated, and it is sought, by constructions' placed 
 upon this and upon the action of the former Convention, to deny 
 this Convention the power to do anything that will affect, in the 
 slightest degree the status of our people, or any portion of them. 
 They deny that the object of calling this Convention was to provide 
 a way by which the people could declare their wishes on this sub- 
 ject; and then quote resolutions, all of which go to show’ that the 
 object of this Convention was “to take such steps and adopt such 
 measures as will best promote the welfare and secure the safety” 
 of our constituents. Now, Sir, there are some of us here foolish 
 enough to believe that our interests and welfare will be best pro- 
 moted by a separation from the rest of the State. I would like to 
 know if we so believe, if we have not the right, under and by the 
 authority of those resolutions referred to, to endeavor if possible 
 to induce the Convention to allow the people to speak their views on 
 this subject. No definite action under prescribed rule was laid 
 down for our government by the plan of any of these Conventions ; 
 but when that very resolution of my friend from Upshur was 
 tabled — and I take it for granted I voted to table it — wdien it was 
 under discussion here for two days, as mentioned by the gentleman 
 from the city of Wheeling (Mr. Hubbard), I know one member of 
 this Convention that did say that he opposed such propositions 
 then because we had no legislature that could give the consent re- 
 quired by the constitution to our separation, but who did, in the 
 very same speech in which he opposed the resolution, say that at 
 the very instant, as soon as could be, after we have such a Legisla- 
 ture, he would be foremost among those wdio sought a division of 
 the State. He who now addresses you said that on the 13th of 
 June. 
 
 We knew how that resolution was tabled. That vote was no ex- 
 
the People of Northwestern Virginia in 1861. 241 
 
 pression of sentiment, and it was so said by men who voted for 
 tabling the resolution. I recollect my friend from Monongalia 
 (Mr. Dorsey,) who came here from a county, at a town of which 
 eight hundred and twenty-one votes were cast on the twenty-third 
 of last May for a division of the State, and but eight hundred 
 against the ordinance of secession. He took the very same ground 
 whenever he saw that there was a constitutional difficulty in the 
 way , that no good whatever could be accomplished by agitating the 
 subject then, and he, with others, voted against this proposition, and 
 they pledged themselves to use every effort in their power to bring 
 about a division whenever it could be accomplished. That is the 
 ground we all took, and the published debates show it' to be so. ’ ’ 
 
 Mr. Hawxurst, of Fairfax — “Why then did you invite the 
 Union people of the Bast to meet you in Convention?” 
 
 Mr. Carlile — “Why, Sir, we want you here, we are glad ta have 
 you with us ; you came, however, without our invitation in the first 
 place, allow me to say. That call as read this morning by the gen- 
 tleman from Ohio (Mr. Hubbard), was a call for the Northwest, 
 and it alone. But when you come here to participate with us we 
 like you to do so, so long as we have a government claiming to be 
 the government of Virginia — not only have you here that are here, 
 but have an addition to your number. ’ ’ 
 
 Mr. Lamb — “According to my recollection of the call, the lang- 
 uage of the call was very different.” 
 
 Mr. Carlile — “I drew that resolution with my own pen.” 
 
 Mr. Lamb I do not allude to the call for the first Convention. ’ ’ 
 Mr. Stuart— “Mr. President, the hour of half-past twelve has 
 arrived, and I believe that is the hour fixed for adjournment.” 
 
 Mr. Carlile ‘ ‘ I would be glad if I could have a few minutes to 
 finish ; it would take but a few minutes. ’ ’ 
 
 Several members, “Go on!” “Go on!” 
 
 General consent was given and Mr. Carlile proceeded. 
 
 “Mr. President, my recollection of that call is as it was read; it 
 was a call to the Northwest, drawn up by myself and adopted by 
 one of the largest and most respectable assemblages that ever met 
 in Harrison county, and, Sir, we took occasion to send messengers 
 with the proceedings of that Convention into every county of the 
 Northwest.” 
 
 Mr. Lamb — ‘ ‘ I referred to the call for the June Convention. It 
 will be found that the purpose of that call was very different. ’ ’ 
 
242 Proceedings and Journals of the Conventions of 
 
 Mr. Carlile — “I take it that that was an invitation to all loyal 
 citizens to participate here. Reference to that call has been made 
 and it is nsed as an additional argument why we should “wait!” 
 “wait!” — “wait until it is too late for the accomplishment of our 
 purpose. Our friends from the Eastern part of the State ask us 
 to “wait.” We have been waiting upon them ever since the 13th 
 of last May. We called upon you then; we called upon you in 
 June, and we call upon you now in August; and because you are 
 not disposed to put your necks into the halter here, as some gentle- 
 men have talked about doing — I have never talked about it — it may 
 be for that or for some other reason, you have not heeded our call. 
 Are we to “wait,” and “wait,” and “wait,” until we are bound 
 hand and foot by that same old governmental dominance, and the 
 power has passed from our hands, and that which our people have 
 hoped* for, prayed for, worked for, be forever denied?” 
 
 Without concluding, Mr. Carlile gave way for a recess. 
 
 AFTERNOON SESSION. 
 
 The Convention re-assembled, and Mr. Carlile took the floor, 
 and proceeded to finish his remarks begun in the morning session, 
 as follows: 
 
 “Sir, nations and political communities are governed, so says 
 every writer upon the laws of nations and every writer upon the 
 morals that govern political communities, by interest. Interest is 
 at the base of all political action; and if we believe it to be to our 
 interest to sever the bonds that connect us to old Yirginia we are 
 justified in the eyes of the world. We have the highest authority 
 for our availing ourselves of the opportunity now (I think) prov- 
 identially presented to us, of obtaining that which we believe to 
 be essential to our interests. Sir, I am enlisted in this war for the 
 maintenance of the Union as much as any man ; I will do no act, 
 take no step that wall in the slightest degree, if I know it, prejudice 
 the Union cause in any way, shape or form; and I will say here 
 now 7 what I have always said that the first object, with me, is the 
 preservation of the Union, (a member “that’s it.”) Satisfy me that 
 that first, object is to be enfeebled and endangered by any act now 
 looking to a division of the State and I am with you. I make a 
 division of the State subordinate to the maintenance of the 
 Union. But I cannot believe that it is to come in conflict with any 
 
the People op Northwestern Virginia in 1861. 
 
 243 
 
 effort that it is to be made by us or by any one else for the preserva- 
 tion of the Union ; and until I have a reason assigned me, showing 
 how it is to conflict, will I not yield the position I have taken upon 
 this subject. 
 
 Why, Sir, I was surprised to hear gentlemen enumerate diffi- 
 culty after difficulty, all of which as was well said on yesterday 
 by my friend from this city, (Mr. Paxton) has existed and will 
 continue to exist throughout all time, with the solitary exception 
 of the embarrassment of the Administration in this struggle. 
 These reasons are assigned by gentlemen who tell us that they are 
 in favor of a division “at the proper time;” and that “proper 
 time” is when all Virginia is represented in the Legislature, and 
 then the time is when you never can get the consent of the Legis- 
 lature. Now, Sir, I have my own views about the position of gen- 
 tlemen when they tell me they are in favor of a division of the 
 State, and say they intend to postpone it until that time ; for they 
 must know if they postpone it until then they never can get the 
 consent of the Legislature. Then, Sir, there is an argument which 
 I alluded to the other day and will repeat, that is a full answer to 
 all that has been said on this question of embarrassing the govern- 
 ment. If it is believed by the Congress of the United States that 
 a separation of this State will embarrass the efforts making to sup- 
 press the rebellion, will they admit us as a State? Each one can 
 put that to himself and answer. It is not worth while for us to 
 say what Congress will do or will not do. That is all speculation. 
 I do not think that any gentleman is authorized to speak for any 
 deliberative body, because they very often, in a very short period 
 of time reverse their own opinions. Now, Sir, if we act as is pro- 
 posed, and provide that the sense of the people within the bound- 
 ary shall be taken upon this question of a new State, and they de- 
 clare for it, and the Legislature consents to it, and Congress gives 
 its assent, why it will be [the] very best evidence in the world that 
 gentlemen are mistaken in supposing that it will embarrass the 
 Administration; but if Congress should withhold its consent — 
 should it be the opinion that the Administration or the Govern- 
 ment is to be embarrassed in the slightest degree, my word for it 
 they will postpone action on your application. Congress will not 
 admit you ; they may not reject your application ; they may let it 
 lie over and say to you: “When the proper time arrives we will 
 admit you,” but they will not admit you now. Tell me how the 
 
244 Proceedings and Journals op the Conventions op 
 
 initiatory steps, the proceedings taken here, are to affect in the 
 slightest degree the power of the government to determine this 
 question of embarrassment for 1 itself. That is the question I put. 
 Answer that. Depend upon it Congress, according to its mem- 
 bers, is just as loyal as we are. Congress will guard the interests 
 of this Union with as much care as we can ; and if otfr application 
 should be made to that body for admission into the Union as a 
 State, and they believe it will embarrass the government in the 
 slightest degree, they will either refuse our application at once or 
 postpone action upon it. They will take care that the public in- 
 terests suffer no detriment whatever by any action we have had 
 out here in the country, and that action is the assembling on a 
 given day of voters in their prescribed districts to declare their 
 wishes upon a separation of the State, and their adoption or re- 
 jection of a Constitution proposed to them to govern them if they 
 do vote for a new State, and the action of the Legislature upon it ; 
 all of which is nothing, affects nothing, binds nobody ; changes the 
 relation of no one, affects no political organization whatever until 
 it has obtained the assent of Congress. Such consent will not be 
 given, we may rest assured, if gentlemen shall be found right in 
 their predictions, and if it is found that the government is to be 
 embarrassed in the struggle. 
 
 A word or two more, and I have done. I thrust my opinions un- 
 warranted upon no one. I have, heretofore shown that I am willing 
 to yield the cherished principles that I have advocated with 
 warmth and zeal. I yielded to the gentleman from Mason, and 
 others who thought with him in the Convention of May. I yielded, 
 as my friend knows, after doing all I could in that Convention for 
 a separation. I am willing now, if any compromise that looks 
 to any reasonable accomplishment of the object we, nearly all of 
 us, profess to have at heart, can be agreed upon, to go with you. I 
 would dislike exceedingly, I assure you, that any action of this 
 body should go out to our people by a meagre vote. I should dis- 
 like exceedingly, that those of us who believe our people almost 
 unanimously demand at our hands that we should provide a means 
 by which they might be allowed to their opinions on this subject 
 that they should be denied that expression by a bare majority of 
 one or two. I should dislike exceedingly to have a minority go 
 < away dissatisfied, determined to make an opposition. Whatever 
 may be our conclusions here, let us all resolve that we will support 
 
the People op Northwestern Virginia in 1861. 
 
 245 
 
 them unanimously; and if we have the good luck to beat you by 
 two or three votes, which I think we will, just come in as we do, 
 you lmow, when we want to elect our party candidates, and make 
 it unanimous.” 
 
 Mr. Smith, of Marion — “And you won’t go away and break up 
 the government?” 
 
 Mr. Carlile — “N o, Sir.” 
 
 Mr. Van Winkle — “You will do it if you agitate this subject.” 
 Mr. Carlile — “Why, Sir, how can that be? This question is 
 agitated all the time; it has been agitated for a long while.” 
 
 Mr. Burdett — “Y es, for thirty years.” 
 
 Mr. Carlile — “Yes, Sir, and you may say “down!” “down!” 
 But, gentlemen, it will not go down. It will be agitated. It is a 
 question, Sir, as was stated by one of my colleagues (Mr. Lewis) 
 yesterday, that has been looked to and expected from the founda- 
 tion of our government. It was predicted, as we were told by one 
 of the brightest lights in the Convention which formed our first 
 Constitution, that this part of the State would not submit to a con- 
 tinuance of its connection with the rest of the State. Why, take the 
 map of Virginia and look at it, and you will see at once, that this is 
 an unnatural connection, and works injuriously to the interests of 
 the people thus connected; and upon that great rule, that all po- 
 litical communities will do that which best promotes their interests, 
 they say this separation will have had. You cannot affect the gov- 
 ernment at Wheeling. It is by that government that we expect 
 to get the separation, Sir; we cannot turn our backs upon it.” 
 
 Mr. Van Winkle — “You will bring it into contempt.” 
 
 Mr. Carlile — ‘ ‘ Sir, you cannot bring a government into con- 
 tempt while my friend from Wood is a member of it. (Laughter.) 
 No man ever brought himself into contempt, except by his own 
 misconduct; and no government can but by the same. But, Sir, I 
 will tell you what will bring it and every one into contempt — 
 weakness in its knees. Scarcity of funds, Sir, will bring it into 
 a position where contempt might reach it. How are you going to 
 get funds? Thus far we have been fortunate. The great Demo- 
 cratic party has conferred upon us a boon by refusing in our 
 State to take the share of the public proceeds of public lands, 
 which belong to us under the act of 1841. (Laughter,) We eager- 
 ly jumped at it, Sir, and it has been the means of supplying our 
 empty treasury; but in consequence of the many drafts which are 
 
246 Proceedings and Journals of the Conventions of 
 
 made upon it, it is fast dwindling away ; and if we stay here much 
 longer, the forty-one thousand dollars will be entirely gone.” 
 (Laughter. ) 
 
 Mr. Hawxhurst, of Fairfax — "If we of the Bast are to be cut 
 off, will the gentleman tell me how we are to get our share of it?” 
 
 Mr. Carlile — "Why, take it out in $4 a day mileage, as the 
 member from Fairfax is doing now. (Laughter.) As long as you 
 remain in Virginia you throw into market yonr Virginia bonds at 
 a nohiinal value of about forty or fifty cents ; but divide the State, 
 and your bonds will go into market at par, and ( you will have the 
 funds necessary not only to pay us in legislative assemblies, but 
 to improve our country and to start the iron horse snorting through 
 all these hills. (Applause and laughter.) Sir, that is a question 
 I 'have looked at from the beginning. No government ever was 
 respectable, no government ever will be respectable without money, 
 and very few men, I think. (Laughter.) That has been the cause 
 of my want of respectability all my life. (Laughter). And, Sir, 
 I appreciate it,- 1 have felt it, I know it, and therefore, while I 
 may, as an individual, lack the respectability that funds would 
 give me, yet, as a member of a State, with plenty of money, I may 
 feel at least that I have political respectability. Now, Sir, how 
 are you to get the money — where is it to come from, that is to 
 grace this Wheeling government? Echo answers, where, But, Sir, 
 take these steps, if your people really do, as we believe they do, 
 desire a division and will vote for it, and the Congress of the 
 United States admits you, you start upon a new career, unem- 
 barrassed by debt. For, Sir, when ever there is a settlement made 
 between this portion of the State and the residue, and a correct 
 balance struck, it is in our favor. 
 
 Mr. Van Winkle — "Does the gentleman mean to say that by 
 separating we get rid of the debt?” 
 
 Mr. Carlile — "I say whenever we divide this State, and settle 
 this question of debt and there is a correct balance struck, we will 
 bring the other side in debt, that is what I say.” 
 
 Mr. Smith, of Marion — "How is it to be settled?” 
 
 Mr. Carlile — "That, Sir, is to be left for yourself and other 
 eminent gentlemen who will be in the future legislative assemblies 
 of Virginia to determine. (Laughter.) "Sufficient unto the day 
 is the evil thereof.” It will be time enough to consider this mat- 
 ter when the time for considering it arrives. The subject of this 
 
the People op Northwestern Virginia in 1861. 
 
 247 
 
 settlement is to be a subject for gentlemen who are to fill the leg- 
 islative halls of a new State. 
 
 But, Sir, instead of embarrassing the Government by this move- 
 ment, I maintain it would relieve it to a very great degree, and 
 how? If we had a defined line to defend, all we would have to do 
 would be to put our military there. But, Sir, where have we any 
 definite boundary to protect? Tell me the definite boundary we 
 have to protect. With 20,000 or 30,000 Government troops today 
 in our midst, they are scattered from county to county, with no 
 force capable of resisting anything like an armed force brought 
 against us. Give us a line; and the line we propose for the new 
 State that we will have to defend is only the line that divides us 
 from the rest of the State, and if there are “loyal hearts” they 
 will soon be able, with the advancing march of the Federal Army 
 to save us all trouble of protecting it. Then we shall have a defi- 
 nite boundary which alone we could call upon the Federal 
 Government to aid us in protecting , for we will rely upon the brave 
 hearts and strong arms of our loyal citizens to protect us against 
 secessionists in our midst. For, Sir, once get that line established, 
 those of them who are disposed to give us trouble will “leave their 
 country for their country’s good” but so long as they are here, 
 encouraged and assured by the presence of the Confederate Army 
 within our limits, so long will they prove a thorn in our side, and 
 so long will they resist successfully the operation of our Wheeling 
 government. There is an advantage which it seems to me we 
 would derive from this separation, that nothing can give us. With 
 a defined line beyond which secession forces dare not approach 
 without violating the “sacred soil” and sovereignty of a free and 
 independent State, we could defend it with fewer Federal troops 
 and less of the Government’s money than it will take to suppress 
 an indiscriminate rebellion, and protect indiscriminately a popu- 
 lation scattered all over this section of the State. There is an- 
 other argument, Sir ; it will relieve the Confederate forces from all 
 obligation they feel to protect their own soil. Once let them see 
 that this portion of Virginia is beyond their grasp ; once let them 
 see that this is a separate and independent political community, a 
 State to themselves, recognized as such, they may in the language 
 of Wise, be willing to let the “disgraced Northwest” go, and take 
 their armies where they may be wanted more for home protection 
 of secession than they are in this region. There will be no longer 
 
248 Proceedings and Journals op the Conventions op 
 
 what I may call an honorable obligation resting upon the State to 
 protect its soil, because that soil will be no longer hers, and we 
 may in this way relieve our people from these secession armies in 
 their midst. And we can confidently tell them “beyond this line 
 you cannot and dare not come. 
 
 These may be all insufficient reasons, but they are some of the 
 reasons that induced me to advocate the proposition now under 
 consideration. I shall, as I remarked, however, bow to the decision 
 of a majority of this body, and I will go as far as he who goes 
 furthest to suppress anything like a revolutionary movement. We 
 hope by fair argument, we hope by holding up before you the 
 honest wishes of the people, we hope by appealing to all that we 
 think should influence and govern men in a representative capac- 
 ity, to obtain the sanction of this body to the proposition now un- 
 der consideration, which is not a proposition to divide the State, 
 which I repeat works nothing, effects nothing, changes no relation 
 on earth until it has the assent of the Congress of the United States 
 who will judge the propriety of giving or withholding their con- 
 sent. 
 
 Now, Sir, I desire to notice a remark made in relation to what 
 I said the other day, that a new State would deprive me — ” 
 
 Mr. Stuart (interrupting) — “Mr. President, I must insist on 
 an adjournment; it is now within a few minutes of one o’clock, 
 which is dinner time for most of us, and we have to be back here at 
 half -past two.” 
 
 Mr. Carlile — “I will forbear willingly, and thank the Conven- 
 tion for having indulged me so long already.” 
 
 The Convention took a ■recess, and on its re-assembling at half- 
 past two, Mr. Carlile took the floor and concluded his remarks as 
 follows : 
 
 “Mr. President, the great argument, the main argument, and 
 the one that seems to be relied upon by all who have opposed this 
 measure publicly, is the embarrassment to the Administration in 
 consequence of our government here not extending itself over 
 other portions of the State. Now, with all kindness and with all 
 respect for our friends who like myself are filling offices under this 
 government, I would say according to my view, it would be a little 
 more modest, to say the least of it, in us allowing the loyal citizens 
 of Eastern Virginia whenever the armies of the United States al- 
 low them to do so, to select for themselves their own governmental 
 
the People op Northwestern Virginia in 1861 . 
 
 249 
 
 officers, and not for us by virtue of our power to spread over them 
 our own. It is a fact well known, Sir, that only those who have 
 been represented in the Convention here, and in the Legislature 
 had a voice in the selection of any of these officers. Therefore, I 
 repeat again I cannot see how our action is to embarrass tbe Fed- 
 eral Government in restoring the former government to the loyal 
 people of Eastern Virginia unless it is to be done without the 
 consent of the people who are to be governed and without allow- 
 ing them to determine who shall be their officers under the govern- 
 ment, or unless it is presumed that we will have the military pow- 
 er to govern them by mere force, which I presume no one desires 
 or would advocate. 
 
 Then, Sir, without delaying the Convention longer, I think I 
 have successfully met the main argument of the opposition to this 
 measure. I meet it first by showing there can be nothing in it, for 
 nothing we can do affects or changes our relations in the slightest 
 degree to the people of the Union or the people of the State. All 
 that we do is initiatory, and is void, and can be of no effect, unless 
 consented to by Congress. If consented to by Congress, it is the 
 best evidence in the world that the government will not be em- 
 barrassed by our action. — They have full and entire control over 
 the whole subject, and we all know that if Congress should sup- 
 pose for an instant that the legalizing, acknowledging and recog- 
 nizing of our action would embarrass the Administration, they 
 would refuse to do so. 
 
 Then I show, I think, conclusively, and beyond doubt, that there 
 can be no government restored to the people of Eastern Virginia 
 only by and through the action of the loyal people of that portion 
 of the State. They must act, and then the government that is re- 
 stored to them is a government of the people — a government de- 
 riving all its vitality, its existence, its being, from the action of 
 the people. The government that we would thrust upon them 
 without their expression and their action, would be as perfect a 
 tyranny as could be established over any people. Therefore, I 
 take it, it is not contemplated by the opponents of this measure 
 that even if we remain as we are, one State, with no government 
 but ours that we have restored and organized here, it shall not be 
 extended over them without the action of the loyal citizens of East- 
 ern Virginia, and they can just as well restore their former Gov- 
 ernment for themselves without having our Governor and Council, 
 
250 Proceedings and Journals of the Conventions of 
 
 as they can with them. Therefore, I cannot for the life of me — 
 it may he because I am unable to understand — I cannot see the 
 force of the arguments that have been used. 
 
 But, Sir, I desire again to call attention to the important point, 
 and I want the question answered, if we continue as we are, if the 
 loyal citizens of the eastern portion of the State cannot be reliev- 
 ed by December next, where is the money to come from that is to 
 supply the treasury? Does my friend from Fairfax, who wants his 
 “share” of the public money — does his county contribute anything 
 towards the expense of this government? How much has it paid in- 
 to our treasury? How much does he suppose it will, until the ar- 
 mies of the country have relieved his people? How much has been 
 contributed by those living east of the mountains toward the ex- 
 penditures that have already been incurred, and how much do we 
 expect will be contributed towards those to be hereafter met? I say 
 not this by way of reproach, but of sorrow. It is because of the 
 inability of those who we say are devoted to the Union, to do so; 
 they have been prevented from doing it ; and we have not the pow- 
 er of ourselves to relieve them. If relieved at all, they must be re- 
 lieved by the Federal power, and by our taking action here which 
 will relieve to a small degree the Federal army and will enable it 
 to retain in our midst a less force than will be otherwise required. 
 We to that extent early contribute to the realization of the hopes 
 of our loyal friends east of the mountains. 
 
 But we are met with the question how is this debt to be appor- 
 tioned and settled? It is a sufficient answer at any and all times to 
 say that it is to be met whenever a division takes place, and if 
 there is any argument in the question at all, if anything is to be 
 inferred by its use, it is an argument against a division for all time 
 and under all circumstances; for ivhenever it takes place it must 
 be met. But, Sir, I will say that if there could be no other way of 
 meeting it we could meet it by buying up every dollar of it our- 
 selves. If we had a separate State existence we could issue our 
 bonds in the market and command fifteen millions of money to- 
 morrow ; and if our bonds can now be bought up at thirty cents 
 on the dollar, as a gentleman of this city informs me, less than 
 fifteen millions would pay the forty-six millions which Virginia 
 owed prior to the first of January last. But there is no necessity 
 for this. The question of an equitable assumption can be met just 
 
the People op Northwestern Virginia in 1861. 251 
 
 as well today as it can be a hundred years hence, if those who come 
 after us are found as we are, struggling for this separation. 
 
 Give us, then, the position designed for us. Let us avail our- 
 selves of this opportunity. There is no reason in morals, and there 
 is no reason in law, why we should not avail ourselves of it. There 
 has never been a time before, in my humble judgment, when it 
 could be accomplished, and I think it extremely doubtful if the~e 
 ever will be again, when it can be accomplished peacefully, con- 
 stitutionally and legally. Now is the day and now is the hour. 
 “There is a tide in the affairs of” peoples as well as the affairs of 
 “men,” which taken at the flood leads on to fortune.” That tide 
 is flowing for us. Let us avail ourselves of it. Let not the golden 
 moments pass by, for they may never return. Let us all sacrifice 
 all of personal pride and personal feeling and private opinion we 
 may have entertained. Let it all go as: the veriest dust; let it be 
 thrown to the winds of heaven, and let us bring to the altar of our 
 common country all the patriotism and all the wisdom that is with- 
 in us. I repeat, Sir, there is no difference of sentiment among the 
 members of this body, or among our constituents, as to the sup- 
 port we should give the cause of the Union. Its flag we will main- 
 tain and uphold, and we can better do this with a separate ex- 
 istence than we can now, embarrassed as we are at every step we 
 take by the innumerable burdens that are weighing upon us so 
 long as we remain in this State.” 
 
 Mr. Carlile then proceeded to reply to charges of sympathy 
 with secession made by Mr. Polsley against Senator Johnson, of 
 Missouri, after which he concluded his remarks, as follows : 
 
 “Mr. President, with the evidences which we have of the desire 
 on the part of the people to be heard upon this question, whether it 
 be a majority or a minority, I think it is as little as we can do as 
 representatives professing obedience to the will of that people, to 
 give them an opportunity to be heard at the ballot-box upon this 
 subject. This is all we propose; all we ask; all we will be pledged 
 to by any action of our own ; and, Sir, that we may not be here an 
 indeterminable length of time, and- that this thing may close one 
 way or the other, I would suggest to the friends of this measure, 
 that we sit here and patiently vote down all the motions to adjourn 
 until a vote is had on this question. I have spent many a night 
 in similar bodies, and I think it is the only way in which an end 
 can sometimes be reached. I am perfectly willing to sit here un- 
 
252 Proceedings and Journals op the Conventions op 
 
 til the sun rises tomorrow, and for one, I shall vote against all ad- 
 journment until a vote is taken upon this subject.” 
 
 Mr. Stuart followed, and in the course of his remarks said he 
 wanted it distinctly understood that he was in favor of a division 
 of the State, and he had believed and urged that it should take 
 place at the time of the Constitutional Convention of 1850. But we 
 as a people are here reorganizing our Government interests. We 
 have an honor to maintain. Everything else sinks into significance 
 compared to the great object of maintaining the Union and the 
 Government of the United States. What was Northwestern Vir- 
 ginia without the Union ? If their action here was likely to injure 
 the cause of the Union, could not they hesitate before they took any 
 such action? He said the friends of division urged the measure, 
 lest the debt of the State contracted by the usurpers at Richmond 
 should be fixed upon them. AVas it to be supposed that they would 
 have anything to do with the debt contracted by a rebellious peo- 
 ple which the Government was now putting down? He knew there 
 were true men in the eastern part of the State. He had. seen them 
 shed tears in the Richmond Convention when the ordinance was 
 passed and he did not desire to cut loose from such men as these. 
 He protested against such selfish action. 
 
 But he professed to be a constitutional man, and he prayed them 
 not to be the first to trample the constitution under foot, and ap- 
 pealed to them, what was the spirit of the provision of the’con- 
 sitution in relation to the formation of new States, which he quot- 
 ed? Did the£ believe that this contemplated that two-thirds of a 
 State should cut loose from the remaining State by an arbitrary 
 majority and leave that third to maintain their government as best 
 they might? It was contrary to all ideas of justice in governments. 
 And if two-thirds could not do so how could one-fourth of a State 
 force a division without the consent of the remainder of a State? 
 The gentleman had asked for a reason for not taking immediate 
 action. That reason was that we cannot comply with the require- 
 ments of the constitution of the United States. Certain influences 
 had been brought to bear here that he had not anticipated. That 
 influence was his friend from Harrison. In the May Convention 
 he was in favor of a division. On the 13th of June he found him 
 opposing a division of the State at that time, and urging that the 
 primary object of this movement was to restore Virginia to the 
 Union. Now we find him turning around and urging a division. 
 
t 
 
 the People op Northwestern Virginia in 1861. 253 
 
 Why was it that gentlemen were so changeable? His argument was 
 that in the first of this session there was no Legislature. Was 
 there any in May, when he wanted a division ? But it was necessary 
 to obtain the consent of the Legislature; he would say that it was 
 not yet obtained. The gentleman from Harrison (Mr. Lewis) 
 wanted the State divided so as to get back to the old representative 
 form of government. Well, Sir, this was a representative govern- 
 ment. He had been sent here by constituents, who so regarded it. 
 But they didn ’t send him here to divide the State ; it was to aid in 
 putting down rebellion. In canvassing before his constituents he 
 had made this and the "support of the government the great ques- 
 tion, and had ignored the question of a division because he believed 
 it would result in dividing our people among themselves. He did 
 not stand here to dissent from his constituents, and if any man 
 would convince him that his people wanted him to take hasty ac- 
 tion he would go with the advocates of division. But he wanted 
 first, before he did such a thing, to go back to his constituents for 
 instruction. 
 
 He alluded to the assertion of Mr. Lewis, that an equitable set- 
 tlement would show that the West did not owe the Bast one dollar. 
 
 He animadverted severely upon the suggestion made by Mr. Car- 
 lile, that with the bonds of the New State, Virginia bonds could 
 be bought at from 30 to 40 cents. Should they thus swindle the 
 people who had come here to protect and defend our people from 
 the hordes of secession? No, Sir. He hoped the gentleman would 
 never mention the suggestion again. He alluded to a remark of 
 Mr. Lewis in relation to treason against the State, that he believed 
 it would even be treason to petition for a division of the State. 
 The Constitution of the United States was above any statute of 
 any State, and the right of petition on any subject was one that 
 was and must be inviolate. He had always contended, 
 and always should, that the people of Northwestern Virginia had 
 the right of petitioning for a division of the State, or for any oth- 
 er object. With regard to taking advantage of the circumstances 
 which gentlemen styled “providential,” that was another argu- 
 ment which he placed in the same category with the proposition of 
 buying up our own State debts. 
 
 Why was it that all the secessionists in his section of the country 
 were now clamoring for State division? 
 
 Mr. Lewis replied that he believed it was because they regarded 
 
I 
 
 254 Proceedings and Journals op the Conventions op * 
 
 that the vote given upon that question was a manifestation of the 
 views of the people upon a division of the State, and they were 
 willing to acquiesce in the majority. 
 
 Mr. Stuart said that acquiescing and advocating was a very 
 different thing. 
 
 Mr. Catiier said in his part of the country they had understood 
 from that vote, that a majority here were in favor of the Consti- 
 tution of the United States, and by dividing the State, , and the 
 formation of the new State, they would have a good excuse for 
 submitting to this majority. 
 
 Mr. Stuart believed notwithstanding the explanations that the 
 secessionists were doing this because they believed it was a measure 
 that would involve us in difficulties and dangers. 
 
 He again attacked the position of the gentleman from Harrison 
 (Mr. Lewis) and read that gentleman’s card published last May in 
 regard to the movement just then inaugurated. And he paused be- 
 fore he could consent to be led by a gentleman who held as Mr. 
 Lewis then did that he owed an allegiance to the United States sub- 
 ordinate to that due to the State. He argued against any such 
 doctrine and said it was the doctrine of secession. Now, Sir, these 
 gentlemen were advocating the doctrine of secession — the right of 
 one-fourth to secede from the remaining portion of the State and 
 break up their State government without the consent of the rest of 
 the State. This argument that two peoples who were not quite 
 homogeneous in interest with each other, should strike by force, if 
 need be, for a separation was but another form of the ‘ ‘ irrepressible 
 conflict,” thrust upon them by the villains at the North — the 
 Abolitionists : though by that term he did not mean the Republican 
 party. He reviewed a position taken by Mr. Carlile in a speech 
 delivered some days ago that it was impossible ever to have com- 
 mercial intercourse with the Bast, and wanted to know why he 
 wanted to exclude the counties in the Kanawha Valley, which were 
 to all intents and purposes identical in interests with ourselves. 
 He believed if the State was ever to be divided, and he should 
 vote for it at the proper time, the mountains should be the boun- 
 dary. 
 
 Mr. Carlile explained that the proposition was substantially 
 Mr. Farnsworth’s; he had only changed it in one or two respects, 
 and not at all in respect of boundary, except to cut out one 
 county. 
 
the People op Northwestern Virginia in 1861 . 255 
 
 Mr. Stuart proceeded to criticise other provisions of the propo- 
 sition of Mr. Carlile, particularly that in relation to the adjustment 
 of the State debt. The West had no right to cast up an adjusment 
 of the debt, and then tell the bondholders they may look to the re- 
 mainder of the State. They had assumed a position that entitled 
 them to the sympathy of the whole United States, and of the world, 
 but if they did this, as here proposed, it would be both wrong and 
 disgraceful. The gentleman from Harrison seemed to think that 
 an imaginary line would be all the defence we would want, and that 
 the people of the East could go on and erect a government, as we 
 have done. How would the General Government ever provide for 
 law and order there, if they should be left without any government 
 at all. He depicted the situation of Union men in that part of the 
 Sate, and said this would cut them off and give them over to the 
 rebellion authorities, and they would have nothing at all around 
 which to rally. 
 
 Mr. Farnsworth succeeded, and as he had had the honor of 
 presenting a substitute upon this question, he claimed the right of 
 saying a few words. 
 
 Tie had never heard such a tirade of abuse as had here been 
 launched at the advocates of a division. He had never been so 
 much puzzled in his life, as to tell what was the argument of the 
 gentleman from Doddridge, and his reason for wishing to delay 
 action. 
 
 He proceeded to review Mr. Stuart’s argument, and said that 
 that gentleman had confessed that he did not know the sentiments 
 of the Union men of his section but he did seem to know all about 
 the secessionists there. 
 
 He charged upon a portion of the gentlemen opposing immediate 
 action that they were opposed to the formation of a new State al- 
 together. Two of the members had told him they were, and they 
 were found acting with the gentleman who professed to be in favor 
 of a new State, and were now opposing what they were pleased to 
 call “precipitate action.” 
 
 It had been claimed on this floor that one of the great objects 
 had been to get into a condition to legally and constitutionally take 
 these steps. That was the argument of the gentleman from Wood. 
 If they were not now in such a situation they never would be. He 
 recapitulated the different steps that had been taken to make this 
 a legitimate government. And they were not to be prejudiced by 
 
256 Proceedings and Journals of the Conventions of 
 
 the rebellion in Eastern Virginia. They were not to suffer because 
 the rebels there had done wrong. 
 
 He took the bold ground that the Government could not refuse 
 them admission into a new State if the application were properly 
 made. It was a right they had under their State Constitution, 
 with the assent of their Legislature to demand admission. The ar- 
 gument that because they were formed into a new State they could 
 not be loyal, was the weakest he had ever heard ; and if the success 
 of the General Government depended on denying the rights of the 
 people of Western Virginia, then its success hung on a brittle 
 thread, and that was already snapping. But the government was 
 high above such position as this. She was contending for con- 
 stitutional liberty, and we contending with her for the same. He 
 replied to several arguments advanced by Mr. Van Winkle, of 
 Wood, and to the objection that they should wait; he told them 
 that if they let this opportunity pass they never would get a di- 
 vision. It was taking no advantage of the East. They had refused 
 to join us, and should we suffer because of their refusal? Suppose 
 they did wait, and Virginia should give ns their consent, and we 
 should tell them they would be without any form of government, 
 they would laugh us to scorn — for they would still have all the 
 rights they ever had and the same constitution they have now. 
 
 Besides there was a settlement with them that must be made, 
 and separating from them will not aggravate the case in the least. 
 He was for making all that settlement at once. 
 
 As to boundary, he would like to have the boundary cun with 
 the mountains, but at this time perhaps, that boundary could not 
 be had. Only give them a State composed of such counties as those 
 named in his proposition, and it would vie with any other State 
 in the Union. He was opposed to taking in any counties at this 
 time that would have to be coerced into measures. They could 
 at any time adopt an ordinance making provision for their ad- 
 mission. 
 
 Mr. Lamb moved that to-morrow afternoon at three o’clock the 
 floor be given to Chairman of the Committee on Division of the 
 State, and that the debate be closed at five o’clock, and that the 
 Convention then proceed to vote in order upon the various propo- 
 sitions with such amendments as may be offered before the Con- 
 vention. 
 
the People of Northwestern Virginia in 1861. 257 
 
 Mr. Caldwell moved to amend the resolution so as to close the 
 debate at half after 11 A. M. 
 
 Mr. Carlile did not, as he had had opportunity of discussion, 
 desire to deprive others of the same opportunity. 
 
 Mr. Lamb withdrew the resolution, and offered another extend- 
 ing the time to Monday, which was, upon the motion of Mr. Cald- 
 well, laid upon the table for the present. 
 
 The Convention then took a recess till half -past 7 o’clock. 
 
 THE NIGHT SESSION. 
 
 The Convention met at half-past seven. 
 
 Mr. Lamb obtained the floor and delivered a strong logical, forc- 
 ible argument against action towards a division of the State. ITe 
 spoke as follows: 
 
 “Mr. President:— ■ 
 
 “I had not intended to address this house on the subject of a di- 
 vision of the State. So much has already been said upon that sub- 
 ject that I thought it might only serve further to weary the mem- 
 bers of this body. But, Sir, it is a matter of too deep importance 
 to us all for me to omit giving utterance to some considerations, 
 which I think ought to influence the members of this Convention in 
 their discussion of so momentous a question. 
 
 “Mr. President, let me say in the outset that I aon for a separa- 
 tion of this State when it can he done at the proper time and in 
 the proper manner. In that division, however, I should insist up- 
 on, at least, obtaining the line of the Alleghenies or the line of the 
 Blue Ridge — the latter if it was to be had — if not, the Alleghenies 
 extending down, at least, as far as Kanawha, With the amount of 
 population which we possess, with the amount of revenue which 
 can be commanded in this district of country, it is essential, I 
 think, that we should have our position capable of easy military 
 defense, in order that we may occupy a respectable position in the 
 family of States. It will be necessary for the purpose of the ar- 
 gument which I propose to make, to glance for a moment, and 
 very briefly, at the reasons which I think would render a separa- 
 tion from Eastern Virginia desirable to us all. 
 
 We have long suffered, Mr. President, from the misrule of the 
 Eastern section of the State. They have repeatedly denied us our 
 proper share of representation in our legislature — they have sub- 
 jected us to an unequal and unjust system of taxation for the pro- 
 tection, as far as possible, from the burden of State service, of 
 
258 Proceedings and Journals of the Conventions of 
 
 their own property. In the distribution of the expenditure of that 
 taxation they have endeavored to encourage the prosperity of their 
 own section of the State, and have left the West without any par- 
 ticipation in the benefit of that expenditure. We are in fact, Mr. 
 President, a different people. Our social habits are different. 
 Our commercial relations are not with Eastern Virginia. The 
 productions of our soil and our workshops do not go in that direc- 
 tion; nor do we purchase the articles which we want from the 
 cities of Eastern Virginia. Every consideration which can be ad- 
 dressed to the wisdom of a statesman, would demand a separation 
 at the proper time and in the proper manner. I am as deeply 
 sensible of this, as firmly convinced of this, as resolutely determin- 
 ed on effecting that separation, as any gentleman who will vote 
 upon the other side of this question. 
 
 But, Sirs, that separation should be effected at the proper time 
 and in the proper manner. It is when we could command such 
 a boundary as our new State ought to have. It should take place 
 only when a full and free and fair expression of the opinion of the 
 people could be had throughout all the limits of the new State. 
 When these conditions can be complied with, I am ready to go into 
 the measure; and they cannot be complied with in the midst of 
 confusion and civil war. They cannot be complied with at present, 
 and I see in the agitation of this question, in the heat with which 
 members are disposed to hurry forward this measure at present, 
 nothing but that which precedes misfortune to Northwestern Vir- 
 ginia. 
 
 Mr. President, it is not sixty days since our present form of gov- 
 ernment was inaugurated. Our Governor was elected on the 20th 
 of June; it is now the 16th of August, and we are already seeking 
 to overthrow all that was then established. Already we would 
 change all that was then fixed and determined upon. Already we 
 would uproot the government which we had established from its 
 foundation, and start off in pursuit of a new scheme — a new ex- 
 periment, for experiment it is in such times as these. 
 
 This disposition, Mr. President, to be continually changing great 
 fundamental institutions, is one which can lead to nothing but mis- 
 fortune. We are proceeding more rapidly in this course than the 
 zealots of the French Revolution, for their constitutions' and their 
 fundamental systems of government at least lasted sixty days. 
 How long will it be, if this spirit is to be encouraged, before some 
 
the People of Northwestern Virginia in 1861. 259 
 
 new scheme will be started upon which men may excite the passions 
 and prejudices of the people, for the purpose of riding into power 
 or office ? I would impute no such motives to any man here. With 
 their motives I have no concern. But this disposition shown here, 
 to have something new — some great change — before we have even 
 tried the system which we have adopted, is to my mind, one of the 
 worst signs of the times. Why is it, Mr. President? Why this dis- 
 position to precipitate? Why this hot haste in reference to this 
 measure? Are we subject now to the control of Eastern Virginia 9 
 Are her tax gatherers amongst us now ? Are our people to be trans- 
 ferred into Eastern Virginia? Is she now contracting debts which 
 we are to pay? No, Sir! As a matter of fact, whatever the theory 
 may be of the separation which gentlemen demand — the separation 
 which they are so anxious for at this present moment,' — practically 
 we are perfectly independent now of Eastern Virginia. She has no 
 control over us. The misrule which she has exercised over us so 
 long, she exercises over us no longer. We have no present evil 
 here that it is necessary for us. to rouse ourselves in order to shake 
 off. It is not for the purpose, then, of getting rid of an evil under 
 which we are now at this present moment suffering; but it is be- 
 cause gentlemen apprehend there can be no other reason — that in 
 some mode or other we are to be subjugated again to this rule. If 
 there is danger, Mr. President, that, at some future day, we may 
 be again subject to the misrule and misgovemment of Eastern 
 Virginia, when that danger is imminent I will be ready to meet it. 
 But I would not destroy our efficiency in the great work of main- 
 taining the Union until that danger was upon us — until it became 
 necessary to act, to act resolutely and to act decidedly in order to 
 avert it. 
 
 There are two modes in which we may again be subjected to the 
 government of Eastern Virginia. Let us consider them for a mo- 
 ment. The United States government, which I do not for a moment 
 believe can ever be the case, may be unable to maintain itself and 
 defend us, and we may be again subjected, by force of arms, to the 
 Confederate States. If this is the danger that gentlemen appre- 
 hend — if this is the way we are again to be subjected to the op- 
 pression of our brethren of Eastern Virginia, let me ask them will 
 their paper constitution, or the red lines they draw across the map 
 to define the boundaries of the new State, protect them from the 
 arms of General Beauregard or General Lee? Is there any protec- 
 
260 Proceedings and Journals oe the Conventions op 
 
 tion to the measure which is now proposed to us against such an 
 apprehension ? Certainly gentlemen will not* suppose for a moment 
 that there is. If this is their apprehension, they derive no protec- 
 tion from having marked out the lines of a new State upon the 
 map. But the United States may succeed, as I believe they will. 
 The arms of the United States, I have no doubt, will he successful 
 in this contest. Twenty-one millions of freemen against five or six 
 millions, a.nd a proportional property in favor of the former, infi- 
 nitely greater than that against it, must succeed in the end, if they 
 are determined and resolute in the contest. Then as they succeed, 
 as the secession pressure is taken off from county after county 
 of the other portions of Virginia, they may unite with this gov- 
 ernment; and gentlemen suppose that when they do so unite they 
 will join in refusing us a separation of the State. I do not believe 
 it for a moment. As was said by the gentleman from Harrison, 
 (Mr. Carlile) who addressed us today, it is an unnatural con- 
 nection. “Any one,,” to use his own strong expression, “with the 
 ideas of a goose” could see that this connection could not be main- 
 tained. Can he suppose that the people of Eastern Virginia— the 
 Union men of Eastern Virginia— the men who will be our brethren 
 in this contest, and who, if the United States government succeeds, 
 will outlive the State government — can he suppose for a moment 
 they will deny to their brethren, the Union men in the West, the 
 right to dissever a connection, which, it must be as apparent to 
 them as to us, is entirely unnatural. But if they were disposed 
 to do so, we will have plenty of opportunities to bring up this 
 question, before all of Eastern Virginia is represented in our leg- 
 islature. The progress of the arms of the United States will be 
 gradual. We will be able to 'foresee and know the time when all 
 Eastern Virginia can come in, and we can then act, if there is, 
 which I believe there is not, the slightest danger of their over-rid- 
 ing us, in regard to a question of this kind. 
 
 Let us suppose, Mr. President, however, that you have estab- 
 lished your new State government. The first clause of this ordi- 
 nance proposed by the gentleman from Harrison (Mr. Carlile,) 
 and which I suppose is to be the doctrine, reads as follows : 
 
 “Be it ordained by the people of Virginia, in Convention as- 
 sembled, That the new State be formed and erected out of the ter- 
 ritory included within the following bounds.” 
 
 Let us suppose that new State formed. As a matter of course, 
 
the People of Northwestern Virginia in 1861 . 261 
 
 the present government of the State of Virginia is superseded — - 
 that government of the State of Virginia, which has been acknow- 
 ledged by the Executive of 'the United States, which has been ac- 
 knowledged by the Congress of the United States, is superseded, 
 The very passage of that ordinance practically will supersede it, 
 because from the time that this Convention announces that another 
 government is to be formed, who will regard or obey the present 
 government? Its prestige throughout the counties over which it 
 has heretofore exercised its authority will be gone. 
 
 Then, Mr. President, to carry out the plan of the administra- 
 tion, if the arms of the United States are to succeed in Eastern 
 Virginia, a new State government is to be formed there. As se- 
 cessionism is put down in district after district of the State, the 
 counties of Eastern Virginia are to be furnished again with a 
 “constitutional nucleus,” around which they can rally the sup- 
 port of the Union. Your government — the government of the 
 State of Virginia — -the government acknowledged by all the au- 
 thorities of the United States is out of the way. What sort of a 
 government will be formed in the East? Necessarily a government 
 to represent the State of Virginia. Your new State will yet be un- 
 recognized. Congress will not have acted in reference to it. And 
 the Executive will not have acted in reference to it. And they 
 cannot act in reference to it; for carrying out the great plan in 
 bringing back the State of Virginia into the Union, they must, as 
 expressed in a letter from the Attorney General, read to this Con- 
 vention, have “a constitutional nucleus, around which the shat- 
 tered elements of the Union throughout the States can rally.” 
 You have here, then, and I take it, it is the necessary result of the 
 action which this Convention is urged to take upon itself — another 
 State government for the State of Virginia organized in the East. 
 As the arms of the United States government may succeeed in re- 
 storing the Union sentiment, throughout that section of country, 
 this government will extend itself gradually over the whole of the 
 East. It will be the government which the United States will 
 recognize. It will be the government which Congress and the 
 Executive will recognize, and it will be again what we now have — 
 the legal government of the State of Virginia. If that is to be the 
 result — if there is any apprehension that such a state of things 
 will exist — will these men in the East then regard our ordinances ? 
 You have superseded your old government, which the United 
 
262 Proceedings and Journals of the Conventions of 
 
 States has recognized, which has become the legal government of 
 the State, and your new government has no such claims. It is 
 nothing in fact — it is nothing in truth— it is nothing in law — un- 
 til it is recognized by the government of the United States. If 
 they establish their government in the East as they must do, and 
 bring back Eastern Virginia into the Union with that Eastern Gov- 
 ernment, when it is spread over the East — when it has brought in 
 all those counties lying east of the Blue Ridge, and all the counties 
 of the Valley, what respect will it pay to your ordinances and to 
 such lines as you have marked out for the new State ? What respect 
 will they be bound to pay in regard to it ? As the State of Virginia, 
 they will have again that very control over you of which, justly, 
 you have so much complained. And when they send their tax 
 gatherers here to gather up your taxes and substance again, if they 
 are resisted by domestic violence, recollect that the Constitution of 
 the United • States requires — makes it imperative on the general 
 Government, to protect that government which they have recog- 
 nized, as the State government of Virginia, against domestic vio- 
 lence. I see, gentlemen, even in the success of the measure — which 
 you here propose to us — quite as much cause for apprehnsion that 
 Eastern Virginia may again extend her influence, her control, her 
 domination over us. That domination which, as ever, I do heartily 
 detest — that she may again extend them over us — quite as much 
 danger as there is in waiting until you can have a full and fair ex- 
 pression of opinion throughout the boundaries which you intend 
 to designate for your new State. 
 
 If there were no other considerations, however, supposing that 
 all I have addressed to this Convention were entitled to no weight, 
 certainly it is entitled to some weight that we should not go to 
 work to effect these great changes amid the confusion and danger 
 that surround us. It is a fact, Mr. President, which no one on the 
 opposite side has denied, as asserted by the gentleman from Mason 
 (Mr. Polsley,) who addressed this Convention, that you cannot 
 now, within the boundaries of the State proposed by the substitute 
 of the gentleman from Harrison (Mr. Carlile) have a full and 
 fair expression of one-lialf of the people. It is a fact that within 
 the boundaries proposed by the report of the majority of the Com- 
 mittee, you cannot now have a fair and full expression of one- 
 fourth of the people upon any subject. Is this not, Mr. 
 President, some reason why we should pot hurry inconsiderately, 
 
the People op Northwestern Virginia in 1861. 263 
 
 hastily, recklessly, into this subject? Is there not an obvious pro- 
 priety — if it he possible to secure our object — in waiting, at least, 
 until the matter can be thoroughly submitted and fairly acted 
 upon, by the people in whose name we profess to act? By the peo- 
 ple whom we profess to bind by our action here? And, gentlemen, 
 we are not only to include them within the boundaries of our new 
 State, but we are to go to work and fix up a constitution for them. 
 We are to fix up a constitution for the people of Jefferson and 
 Morgan and Berkeley and Hampshire and Hardy, and for the 
 people of Boone and Logan and Nicholas, and I know not how 
 many other counties. Will my friend from Upshur, who has pro- 
 posed this substitute for our adoption, undertake to carry that 
 Constitution into these counties, before the first Thursday of No- 
 vember next, or the fourth Thursday of October next, and explain 
 its provisions to them, and explain why we took this action or that 
 action — why we adopted this provision or that provision ? 
 
 The report of the Chairman of the majority Committee proposes 
 to extend the boundaries of the New State to Bull Run. Will the 
 chairman of that Committee undertake to explain to the inhabitants 
 along that Run this constitution which he proposes to adopt for 
 them — to discuss the matter in public meetings there, and secure 
 us a full and fair expression of the people in the county of 
 Fairfax ? 
 
 Mr. West — “I think it will be recollected, Sir, that there has 
 already been a vote taken upon the Constitution. I proposed that 
 Constitution myself, that we might have some ground or place of 
 beginning, and I propose that we take a vote upon the adoption of 
 the old Constitution. And the Constitution as it now stands, ivith 
 some slight amendments, will be the Constitution of the new State. 
 As to the other questions in relation to boundaries, etc., I will ex- 
 plain them perhaps at another time.” 
 
 Mr. Lamb — “When the gentleman proposes to make that ex- 
 planation, he should also explain another position of his opening 
 argument, which struck me as singularly inappropriate. He stat- 
 ed in his opening argument that they had included the county of 
 Fairfax and the city of Alexandria, within the limits of the new 
 State which the majority of the Committee proposed to form, with 
 a view of thus furnishing protection to the capital of the Union, 
 against the hosts that are now assembled at Bull Run. ’ ’ 
 
264 Proceedings and Journals oe the Conventions op 
 
 Mr. West — “Does the gentleman ask me to explain that now?” 
 
 Mr. Lamb — “Mr. President, there has been a good deal of ar-. 
 gument of this same kind before this Convention. We have been 
 told — the argument, of course, has been inconsiderately urged — - 
 that this thing of establishing a new State was to be a perfect 
 protection to us here against the dangers that surround us. That it 
 would protect us against the arms of the enemy — that it 
 would be equal to an army in the field. Another gentleman who 
 has addressed the Convention would seem to have considered the 
 action of this Convention if they passed his project to be equiva- 
 lent to the glorious efforts of William Tell for the defense of his 
 country. Why, Sir, did William Tell defend Switzerland by pro- 
 claiming that the boundary was here, and giving notice to the 
 Duke of Austria that he must not go across those lines ? — No, Sir : 
 Your lives and your property are not to be defended by measures 
 of this kind. Nothing but stout hearts and strong arms will de- 
 fend them. They are to be defended by the rifle and the bayonet, 
 and the cannon. Your paper Constitution and your paper State 
 will not be worth a single musket in defense. 
 
 Mr. President, the new State as proposed in the substitute last 
 offered will have a population of less than three hundred and 
 twenty thousand. It will have a revenue of about $550,000.00. This 
 will be the utmost extent for many years to come, a much larger 
 extent in fact than you will be able to extend your taxation to. 
 Yet the gentleman from Harrison (Mr. Carlile,) who addressed 
 the Convention today, told you, form your new State and you 
 could at once get a loan of $15,000,000.00 without any difficulty. Is 
 it possible that this Convention is to be amused here with asser- 
 tions of this kind 1 Why, Sir, your whole revenue will hardly pay 
 the interest on one-half the amount. Deduct the necessary expense 
 of your government, and it would not pay the interest on one- 
 fourth that amount. The whole revenue of your new State will 
 enable you to support in the field an army of about 7,000 men — not 
 a soldier more for the defense of so wide an extended frontier as it 
 will present. Yet, gentlemen, this is the measure into which we 
 are to be precipitated and hurried on without consideration. With 
 the gentleman from Mason, I must say. “reflect; reflect;” before 
 you plunge into such a system; reflect before you abandon the 
 lofty position which you now occupy, in pursuit of this igmis 
 fatuus of which so large promises have been made but of which so 
 
the People op Northwestern Virginia in 1861. 265 
 
 little is to be expected. Why, gentlemen, measure the boundaries of 
 your new State as laid down -in this document? You propose a 
 frontier of over a thousand miles. Pennsylvania, with a popula- 
 tion of 2,800,000, has a frpntier of less than a thousand ; Ohio with 
 a population of 2,300,000 has a frontier of less than a thousand; yet 
 with a population of under 320,000 and an ability to support in the 
 field an army of only 7,000 men, you have a frontier to defend of 
 a thousand miles. Four hundred miles of that frontier bor- 
 ders upon secession Virginia. How will you defend it? If 
 any defense should be necessary, if this Union is not to be restored, 
 how will you defend that frontier? Why, gentlemen, an army of 
 100,000 men and a revenue of eighty millions will be required to 
 defend the frontier. And yet, you abandon the passes of the moun- 
 tains. You are not willing to wait until you can secure Pocahontas 
 and Greenbrier. You give up the main passes of the Alleghenies, 
 leaving your frontier, according to the military expression, entirely 
 in the air. If the arms of the United States do not succeed in this 
 contest, and if the Confederate States are to be able to maintain 
 themselves, you present to them a frontier, unsupported by natural 
 defenses, of four hundred miles. You will have a State, if you ac- 
 complish your object, weak, continually relying on its neighbors 
 for support, for existence itself. You will have a people who must 
 always call upon tlFir neighbors — heretofore nobly have they re- 
 sponded to such calls' — for the defense of our fireside, our homes, 
 and our property. 
 
 I wish to correct here a mistake into which the gentleman from 
 Harrison (Mr. Lewis,) who addressed the Convention yesterday, 
 fell in regard to the character of the government which has been in- 
 stituted here. He called it “a provisional government,” he seemed 
 to think it was to expire, according to the system which we have 
 adopted, within six months. This, Mr. President, is not the system 
 which we have adopted. It is true, Sir, when this Convention met 
 in June, it was impossible to have throughout the counties of North- 
 western Virginia an election for Governor. The Convention, from 
 the dictates of an imperative necessity, were obliged to assume the 
 responsibility of electing a Governor themselves. That far we in- 
 terfered with the rights of popular sovereignty, but we trusted to 
 our constituents to excuse us for that interference on account of 
 the necessities, the - difficulties, the vast embarrassments, with which 
 we were surrounded. They unanimously approved of our course. — - 
 
266 Proceedings and Journals of the Conventions of 
 
 Throughout the whole length and breadth of this land our action 
 in June has been approved of; approved of by the government of 
 the United States ; approved of by the loyal men of the loyal States 
 everywhere. We were fully justified, therefore, in doing it. But, 
 Sir, having elected a Governor in this irregular — and except so far 
 as it was justified by the circumstances with which we are sur- 
 rounded — unjustifiable mode, we prescribed six months for his term 
 of office. Yet, Sir, we went on here to enact as follows: 
 
 “The General Assembly to provide by law for the election of Governor 
 and Lieutenant-Governor by the people, as soon as in their judgment 
 such election can be properly held.” 
 
 The office of Governor under the reorganized government, is not 
 to terminate at the end of six [months], at least according to the 
 ordinance for the reorganization of that government. An express 
 provision is made for its continuance, and for its continuance in 
 a regular manner by election by the people whenever in the opin- 
 ion of the Legislature such election can be properly held. And I 
 would ask attention for one moment to the expression in this clause. 
 The Convention did not recommend this to the Legislature ; they 
 did not request the Legislature to do 'it; but they are, in the lan- 
 guage which is used here, required to do it. Then, Mr. President, 
 look at the provision in regard to members of the Legislature. 
 “They shall hold their offices from the passage of this ordinance 
 until the end of the terms for which they were respectively elected.” 
 The members of the House of Delegates under this system, hold 
 their offices until 1863, and a portion of the Senators until 1865. 
 When the terms of those officers expire, if this system is to he con- 
 tinued, their successors will be elected in the regular way. In no 
 proper sense of the term, therefore, is this merely a provisional 
 government, for a provisional government, I take it, is a govern- 
 ment which fixes in the very charter of its creation a period beyond 
 which it is not to continue. I would wish, also, in connection with 
 this same matter, to correct a singular mistake into which the other 
 gentleman from Harrison (Mr. Carlile,) appeared to have fallen, 
 in the argument which he addressed to the Convention today. He 
 seemed to think that there are members here from a certain portion 
 of the State on their own motion — that they had come here inde- 
 pendent of our invitation. He seemed to think that the call for 
 this Convention was addressed to Northwestern Virginia exclu- 
 sively. I notice these things because it is necessary, it seems to me, 
 in order that the Convention may understand the precise purpose 
 
the People oe Northwestern Virginia in 1861. 267 
 
 ancl object of the movement we have instituted. This is all a mis- 
 take. The call under which this Convention was elected, was ad- 
 dressed in the following terms: 
 
 “Resolved, That in the event of the ordinance being ratified by a vote, 
 on the 23d of this month, (May,) we recommend to the people of the 
 counties here represented, and all others disposed to co-operate with us, 
 to appoint on the fourth day of June next, delegates to a general con- 
 vention to meet on the 11th of that month, etc.” 
 
 The call is addressed to all the Union men of the State of Vir- 
 ginia, for that is the meaning, and the only meaning, and that was 
 intended to be the meaning, to my certain knowledge, by the ex- 
 pression, “all others who are disposed to co-operate with us.” The 
 gentlemen who have come here from Fairfax and Alexandria, have 
 come here upon our call. 
 
 Mr. Carlile — “I was speaking of the first call, not the second.” 
 
 Mr. Lamb — “We have other evidence upon this subject, which 
 will show the intended expression of the measure which we have 
 adopted. In this Convention on the 14th of June, 1861, Mr. Ha- 
 gans, of Preston, offered the following resolution, which was unani- 
 mously adopted: 
 
 “That in consideration of the peculiar circumstances that have sur- 
 rounded our loyal brethren of Loudon county, as well as their geographical 
 position, this Convention now extend to them a cordial and special invita- 
 tion to accredit and send to this Convention their regular number of 
 delegates as soon as may be.” 
 
 At a former date of the Convention, I find that “John S. Carlile, 
 of' Harrison, submitted the following resolution, which was 
 adopted : 
 
 “That the loyal people of the counties of this Commonwealth that have 
 not yet appointed delegates to this Convention or are not already repre- 
 sented here, be and they are hereby cordially requested to appoint such 
 delegations without avoidable delay.” 
 
 Such, then, gentlemen, was the system which we had adopted. 
 We adopted a government here, not provisional; we extended our 
 invitation to all the counties of the Commonwealth, to be repre- 
 sented in this government. We did not intend the movement as 
 a movement of Northwestern Virginia alone, but of all the State, 
 according to the objects expressly set forth in the call.” 
 
 Mr. Carlile — (Interrupting)— -“I do not desire to interrupt the 
 gentleman, but I alluded to the call emanating from the county of 
 Harrison. ’ ’ 
 
 Mr. Lamb — “The gentleman will excuse me, but I do not see 
 how that is possible.” 
 
268 Proceedings and Journals of the Conventions of 
 
 Mr. Carlile — “It is possible in this way. What I had said in 
 reply to the gentleman from Fairfax, (Mr. Hawxhurst,) was 
 brought to the attention of the Convention by the gentleman from 
 Mason (Mr. Polsley,) and in my reply I alluded to the fact that I 
 had drawn up the call myself, referring, as I had done in the first 
 instance, in reply to the question of the gentleman from Fairfax 
 to the original call for the first Convention. Then it was that the 
 gentleman himself called my attention to the fact that this Conven- 
 tion was called by the Convention which met in May, and was not 
 assembled under the call of the original Harrison county Con- 
 vention.” 
 
 Mr. Lamb — ‘ ‘ Did not the gentleman from Harrison tell the mem- 
 ber from Fairfax that he was not here upon our call?” 
 
 Mr. Carlile — “I so stated, that he was not here upon the orig- 
 inal call. The fact is, it is a Convention to-day of Northwestern 
 Virginia.” 
 
 Mr. Lamb — ‘ ‘ It is perfectly immaterial, Mr. President. I had no 
 other object in mentioning these things — certainly no intention 
 of saying anything that might be in the slightest degree displeasing 
 to my friend from Harrison.” 
 
 Mr. Carlile — “It did not displease me at all; not at all.” 
 
 Mr. Lamb — “I had no other object than for the purpose of ex- 
 plaining in such a method that it could not be contradicted, what 
 had been the purpose and object of our movement here — that it was 
 just that very thing that was mentioned in the letter from the 
 Attorney General of the United States — that from the beginning of 
 this movement, at least, from the beginning of this Convention, 
 down to the present time, it has been the object of a majority of 
 the members of this Convention to furnish to the Union men 
 throughout the State of Virginia, that “constitutional nucleus, 
 around which the shattered elements” of Unionism throughout this 
 State could rally. Such was unquestionably our object. The gen- 
 tleman will recollect that motion after motion was made in the 
 June session of this Convention looking to a division of this State ; 
 it was objected to and voted down, because it might interfere with 
 this great object. Yet all this is now to be swept away. The Union 
 men in our portions of Virginia outside of the limits of the pro- 
 posed State, after the fourth Thursday of October next, are not 
 to be at liberty to unite with us ; they will have no longer a nucleus 
 around which they can rally. They will have no State government 
 
the People of Northwestern Virginia in 1861. 269 
 
 within this State unless the United States — as I think the United 
 States will be pledged to do — shall encourage the formation of 
 another government for the State of Virginia, after we shall have 
 swept off the present one. 
 
 There is one other subject which before I take my seat I wish 
 to touch upon, but very tenderly. It is the subject of slavery in 
 connection with this plan. Your new State, Mr. President, as de- 
 veloped in the substitute last submitted, extending* over so large 
 a district of territory will have within its borders according to the 
 census of 1860, 14,800 slaves, only. The slave population of Vir- 
 ginia, is I believe, not quite 500,000. You select precisely that por- 
 tion of the territory that contains the smallest amount of slaves 
 for the purpose of forming your new State.' — And, gentlemen, I 
 have no intention to impute a design of the kind to any member of 
 this Convention, for I do not honestly believe that such a design 
 is ascertained, but I have heard it said, and it ivill be said with 
 such facts staring us in the face, that this is an abolition move- 
 ment. According to the census of 1860, the slave population of this 
 new State was 14,800, and what is it now? It is considerably less 
 already. You appear in Congress, then, presenting this plan be- 
 fore them, asking their acknowledgment of the new State — asking 
 their consent to the formation of such a State. You present it to 
 Congress in the midst of troubles and distractions which rest upon 
 this country — for you will not wait for a moment — you inevitably 
 raised the slave question there. — With the facts I have stated, gen- 
 tlemen, there can be no other result. They will say to you: The 
 slave population within your State is insignificant; come to us as 
 a free State and you shall be admitted. You know that when you 
 present this State before them such facts will raise that question; 
 and do you want to raise such a question as that? Do you want 
 to push such a question upon the councils of the nation, a ques- 
 tion of that nature in the midst of the difficulties and troubles 
 which now suround us? I hope you do not. 
 
 Mr. President, I have as little personal interest in this matter 
 perhaps as most of you, but I feel the importance of the subject 
 most deeply. I fear if you press this measure upon us as you seem 
 determined to do, that its only result will be woe to you and me and 
 mine. Buf if the measure carries I certainly shall join heartily, 
 fairly and honestly, in carrying out your determination, my fate 
 will be yours, and I can only hope, that whether weal or woe 
 
270 Proceedings and Journals of the Conventions of 
 
 come of it, I may still be able, in any event, to protect those that are 
 dependent upon me.” 
 
 Mr. Fast followed in an argument of some length in favor of 
 division, and after he had concluded, 
 
 Mr. Frost moved an adjournment but gave way for Mr. West, 
 who by general consent offered the following resolution: 
 
 Whereas, In consequence of existing hostilities and the disorganized 
 condition of our once happy and prosperous Commonwealth, it becomes 
 necessary for the Legislature that met in July last, in extra session, to 
 meet again in December next; and 
 
 Whereas, it is believed by this Convention that rebellion will soon be 
 swept from every part of Virginia; be it therefore 
 
 Resolved, That if the Governor of this Commonwealth in his wisdom 
 may think it safe and prudent, and the interest of the State requires it, 
 he shall cause the next annual session of the Legislature to be ordered to 
 meet in the city of Richmond on the first Monday of December next, unless 
 he, in his opinion, shall think the good of the Commonwealth demand the 
 assembling of it at an earlier day. 
 
 Mr. West gave as a reason for offering this resolution, that he 
 wanted to test the sincerity of gentlemen who insisted that they 
 were legislating and should continue to legislate for the whole 
 State. 
 
 A motion to adjourn prevailed, and the Convention adjourned 
 without a vote upon the resolution. 
 
 ADJOURNED SESSION— ELEVENTH DAY. 
 SATURDAY, AUGUST 17, 1861. 
 
 The Convention met at ten, and was opened with prayer by Rev. 
 D. B. Dorsey, member of the Convention from Monongalia. 
 
 Minutes read and adopted. 
 
 The resolution of the gentleman from Wetzel came up as unfin- 
 ished business. 
 
 Mr. West said the yeas and nays had been called upon the adop- 
 tion of that resolution, he believed. 
 
 Mr. Van Winkle had hoped a night’s reflection would have in 
 duced the gentleman to withdraw the resolution. The gentleman 
 from Harrison had spoken of the poverty of this government yes- 
 terday, and such allusions were calculated to bring the government 
 into contempt. This resolution too, he thought must have the same 
 effect. Such playful resolutions in ordinary times could do no 
 harm, but they should not be introduced here at such a time as 
 this. 
 
the People op Northwestern Virginia in 1861. 271 
 
 Mr. Catiier hoped the gentleman would withdraw the resolu- 
 tion. 
 
 Mr. West said he never intended to withdraw that resolution. 
 
 The order of the day came up. 
 
 Mr. Carlile said that the friends of division were willing to offer 
 to the opponents a proposition for something like this : 
 
 Adopt the first section of the proposition of the gentleman from 
 Upshur, which simply fixes the boiindary lines, and then add an 
 additional section making it the duty of the General Assembly at 
 its next session, if the state of affairs would permit, to provide at 
 an early day, for taking the sense of the people within the boun- 
 dary. 
 
 Mr. Frost expressed a willingness to meet the friends of division 
 half way in any fair proposition of compromise. He had desired 
 to speak upon this question, but as the Convention had already 
 been worn down with speeches, he would forego any remarks, if the 
 business could proceed and a vote be taken. 
 
 Mr. Boreman did not know that he understood the proposition. 
 He would like to have a little more time on it, and if it was what 
 he thought it was, it would suit him. He should not say a word 
 to the Convention, but from the fact that no gentleman had yet ta- 
 ken up the substitute offered by himself, and defended it in its 
 various positions. They seemed to have left this for him to do, 
 and he asked indulgence to be allowed to make a few remarks in 
 advocacy of that proposition. 
 
 Were they to be selfish in the view they took of this great ques- 
 tion ? No ; he argued that all they did should be done in a spirit 
 of magnanimity, of forbearance, of enlarged and comprehensive 
 patriotism, and not allow that patriotism to be bounded by State 
 lines. Let them recollect that they had a government, around which 
 clustered the most glorious recollections and all their best hopes. 
 They were here to do all they could to transmit this government 
 to their posterity, and should not as good loyal men, look well to 
 this very act, lest they should weaken the cause of tlicir country 
 and strengthen that of their enemies. He would say as Mr. Carlile 
 had, that next to success of the whole country, was the division of 
 Virginia, because it was the interests of his people, the interest of 
 the whole State, and his own personal interest. With respect to 
 the State debt, he did not look upon that question as many gentle- 
 men did. Congress had nothing to do with our State debt. If they 
 
272 Proceedings and Journals of the Conventions of 
 
 presented tlie question to them there, and Congress saw that the 
 two peoples could not live together in harmony, in justice to both 
 they were hound to sanction the separation, and let the two States 
 settle that question among themselves after the division was made. 
 Congress had nothing to do with it. As for the time of division, 
 he believed no man desired an immediate vote, because they were 
 honestly convinced of the fact that they were not prepared for a 
 vote at this time. The people could not vote. The number of 
 rebel forces within the borders of the proposed State, prevented 
 any meeting and discussion among the people, and must at this 
 time effectually prevent any expression at the polls. And if a 
 vote could not be taken now, when could they take a vote ? If they 
 could tell him this, then he would answer the question put to them 
 so often, how long would they propose to wait. He was satisfied 
 they should not fix permanently upon a day at all. Because, as 
 gentlemen have admitted by their own propositions we are now 
 unprepared to take a vote. And then did they know they would 
 be ready on a particular day? He had shown they did not. Then 
 would it be right to fix a day when they had no assurance that the 
 people could vote upon that day. The gentleman from Harrison 
 (Carlile) wanted an expression of the people; and yet would he 
 ask the people to vote upon a day when he Imew they could not vote 
 or when it was uncertain at best. Why not provide for this disability 
 and prepare for taking an expression at such time as it might ap- 
 pear hereafter the people could have an opportunity of doing so? 
 The enemy should be driven out first ; to offer them an opportunity 
 to vote when they knew they could not would be little better than 
 insult. The same reasons that were valid for postponing a vote 
 were equally valid for postponing the formation of the constitu- 
 tion. Some gentlemen propose to take the old constitution with 
 some slight modifications; why, Sir, nothing could be more obnox- 
 ious to the people of Western Virginia than every line of that old 
 constitution. But, Sir, for a Convention of the whole State of 
 Virginia to turn around and claim to be a Convention chosen by 
 a portion of the State, to form a constitution for that pro- 
 posed new State would be a monstrous proposition. The proposi- 
 tion offered by some of the substitutes, proposing to adopt an 
 ordinance allowing certain counties not now to be included in the 
 boundaries to vote upon the question hereafter, was a recognition 
 of the fact that the people of these counties could not vote upon 
 
the People of Northwestern Virginia in 1861 . 273 ( 
 
 the subject. Well now this was just his proposition with reference 
 to nearly all the counties, and if the principle would apply to these 
 counties, would it not apply equally to those ? He wanted no ex- 
 pression at all until it could be a full and fair one. 
 
 He proceeded again to denounce the old constitution, and was 
 interrupted in reply by Mr. West. He declared, in resuming, that 
 to get rid of this constitution was one reason for his having long 
 favored a division of the State. But, Sir, if they went into the for- 
 mation of a constitution for the new State, it was the formaion of 
 a government for it. A constitution was difficult to be changed. 
 People would submit to them even if oppressive, rather than re- 
 sort to revolution to free themselves from them. They had long 
 done that thing in this State ; but they had lived in hope that some 
 day the fetters would be broken and they would be released from 
 a most grinding oppression. 
 
 He took up the substitute offered by himself, and after reading 
 it, proceeded to a discussion of its provisions. He had not offered 
 it to kill off any proposition to divide the State or to destroy any 
 measure proposing to take an expression of the people upon the 
 question. It simply proposed to say that it would be premature 
 and would be taking advantage of a portion of their fellow-citizens 
 for the Convention to attempt the formation of a constitu- 
 tion now, and expressed a desire that the General Assembly, pro- 
 vided in their opinion the people could at that time vote, appoint 
 an election on the first Thursday in January, to obtain an expres- 
 sion as to whether the new State could be formed or not. 
 
 As to boundaries, if the people would vote for it in those por- 
 tions of the State, he would like to take all the territory proposed 
 by the ordinance reported by the Committee ; but he did not want 
 to take in counties that might aid in voting down a new State alto- 
 gether. He should not strenuously object to the fixing of bounda- 
 ries now, but he believed it would be better to let that matter rest 
 until the meeting of the Legislature, when they might be able to 
 obtain more territory than it would be thought now advisable to 
 take in. 
 
 In reply to the question, how does precipitate action embarrass 
 the General Government, it would for one thing introduce the sla- 
 very question into Congress. If introduced there, and the Constitu- 
 tion should be rejected, it would be said they refused it because it 
 was a Republican Congress, and it was a slavery Constitution ; and 
 
274 Proceedings and Journals op the Conventions of 
 
 it would foment such an excitement in Western Virginia as was 
 never before witnessed. 
 
 Mr. Lewis inquired whether that same difficulty would not have 
 to be met, even if the application were not made till peace was re- 
 stored. 
 
 Mr. Boreman said it would not then be so embarrassing because 
 the government would not have so many and such great difficulties 
 upon its shoulders, and it would then be a very different question. 
 Just at this time it was a very unpropitious moment. If we now 
 undertake to strike a line here as proposed would it not go forth 
 that we were trying to aid the South, that this Wheeling govern- 
 ment had abandoned its position and were preparing for a dissolu- 
 tion of this Union. Besides this movement then loses all its pres- 
 tige in the other States. This is an auxiliary movement to aid the 
 Government of the United States, and what must be the effect in 
 Tennessee and Alabama, and all over the country? They would 
 say we had acted hypocritically, covering up the selfish design of 
 building up a State for ourselves. It would be used by the seces- 
 sionists everywhere to embarrass the Government and strengthen 
 their own position, and would destroy the moral force and prestige 
 of all we have done here. This proposition left all this responsi- 
 bility of action upon the Legislature. 
 
 Suppose they did divide the State, which was the olcl State and 
 which the new State? Reorganize a new government here and 
 what becomes of the old one? It revolutionizes this part, it drives 
 out the old government. He would leave the question for gentle- 
 men to answer it for themselves. This might be the grand reason 
 why all secessionists were in favor of a division; because it would 
 prevent the loyal people of the other seceded States from follow- 
 ing our example in reorganizing the whole State government. It 
 would demoralize the whole movement. , 
 
 The gentleman from Upshur had said some members were op- 
 posed to the whole movement for a division. He had not heard any 
 members so express themselves ; but he had heard them all say just 
 the contrary. For himself, he was acting in good faith, and when- 
 ever the conditions would allow a vote to be taken he would go for 
 a proposition for a separation of the State ; and he intended to go 
 home and support whatever decision this Convention might arrive 
 at, let that be what it might. 
 
 Mr. Cather followed, and in reply to what had been said about 
 
the People op Northwestern Virginia in 1861. 275 
 
 precipitate action said that none of them were for the taking of 
 the vote at once. His own proposition was for the fourth Thursday 
 of November. But he would vote for any measure looking to a 
 division of the State. He would favor some measure that would 
 compromise their differences. 
 
 Mr. Johnson believed that this question ought not [to] have 
 been introduced here. This was not the proper body to take this 
 question of a division into consideration. He took substantially 
 the same grounds occupied by Mr. Boreman. He alluded to what 
 had been said about the possibility of the success of the Southern 
 Confederacy, and said that the establishment of a boundary at this 
 time between the loyal and rebellious portions of the State would 
 be the drawing of the first line between the Northern and South- 
 ern Confederacies. He made the point that inasmuch as the Con- 
 stitution of the United States guarantees to every State a Republi- 
 can form of government, Congress could not admit a State which in 
 its creation destroyed the only republican form of government 
 there was in the State. He charged that the thing of taken ad- 
 vantage of the Bast, which many gentlemen proposed, would be 
 dishonorable. Besides it was a revolutionary measure because it 
 could not be carried out according to the spirit of the Constitution. 
 
 Mr. Dorset moved the previous question. 
 
 Mr. Lewis suggested after the question was put that a recess 
 be taken. 
 
 Mr. Harrison called for the yeas and nays on the main ques- 
 tion. 
 
 Mr. West hoped the House would vote down the motion. 
 
 The vote was taken and the main question ordered to be put. 
 
 The main question was upon the substitute of the gentleman from 
 Tyler, Mr. Boreman. 
 
 Mr. Frost moved to reconsider the vote by which the main ques- 
 tion was ordered, which he afterwards withdrew. 
 
 Mr. Stuart moved a reconsideration and the President decided 
 it out of order. 
 
 Mr. Stuart appealed from the decision of the Chair — and on 
 that Mr. Van Winkle called for the yeas and nays. 
 
 Mr. West moved to lay the appeal upon the table, and upon that 
 Mr. Frost called the yeas and nays. 
 
 The time fixed for adjournment having arrived, the Convention 
 adjourned without a vote. 
 
276 Proceedings and Journals of the Conventions of 
 
 AFTERNOON. SESSION. 
 
 The Convention re-assembled at half -past two [o’clock.] 
 
 The President said the question when they took a recess was on 
 laying the appeal on the table, but as the occasion for it had 
 passed it had been withdrawn. 
 
 The yeas and nays upon the substitute of Mr. Boreman having 
 been called were taken and resulted as follows : 
 
 Yeas — Messrs. Atkinson, Boreman of Tyler, Barns, Bowyer, Burley, 
 Broskl, Barrack, Crothers, Crawford, Close, Caldwell, Carskadon, Copley, 
 Flesher, Gist, Graham, Harrison, Hubbard, Hall, Hawxhurst, Johnson, 
 Koontz, Logan, Lamb, Mason, Montague, Nicholls, Polsley, Price, Ritchie, 
 Smith of Marion, Slack, Stuart, Tarr, Trout, Yan Winkle, Withers, 
 Wetzel, Watson, President (Boreman of Wood) — 40. 
 
 Nays — Messrs. Berkshire, Brown, Burdett, Brumfield, Cather, Carlile, 
 Crane of Preston, Crane of Randolph, Dorsey, Downey, Davis, Evans, 
 Ferrell, Farnsworth, Foley, Fast, Fleming, Hale, Hooton, Howard, Jack- 
 son, Kramer, Lewis, Love, Martin of Wetzel, Myers, Michael, Paxton, 
 Parsons, Smith, Scott, Snider, Smith (J. L.), Swan, Taft, Vance, West, 
 Williamson of Pleasants, Wilson, Zinn — -42. 
 
 The question recurring upon the substitute of Mr. Carlile for that 
 of Mr. Farnsworth, he proposed as an additional section the fol- 
 lowing, prepared by Mr. Lamb, at the end of the same: 
 
 “The government of the State, as reorganized by the ordinance for 
 the re-organization of the State government, shall retain the powers and 
 authority undiminished and unimpaired until the proposed State shall 
 be admitted into the Union by the Congress of the United States.” 
 
 Mr. Farnsworth accepted the substitute with this addition, in 
 lieu of his own proposition. 
 
 Mr. Carlile took occasion to make some remarks urging the 
 adoption of the proposition, and appealing to them all, whatever 
 the result might be, to go away from here resolved to act in unity 
 and use their best efforts to carry out the objects of the Conven- 
 tion and unite their people in their support. 
 
 After Mr. Carlile had finished his remarks, 
 
 Mr. Hale moved the previous question. 
 
 Mr. Lamb said if they were thus to be met with the previous 
 question on all occasions he hoped the gentlemen who had acted 
 with him upon this question would leave the Convention and let 
 gentlemen upon the other side raise a quorum the best way they 
 could. 
 
 Mr. Hale subsequently withdrew the demand. 
 
 Mr. Nicholls offered the following as a substitute for the second 
 section of Mr. Carlile ’s substitute: 
 
 Sec. 2. Be it further ordained, That the General Assembly shall pro- 
 
the People op Northwestern- Virginia in 1861. 277 
 
 vide for taking a vote within the boundaries aforesaid on the first Thurs- 
 day of January next, if the state of affairs will admit of a full and 
 free expression of the popular sentiment within four of the counties 
 above named, and if not then, as soon thereafter as possible, on the 
 question of the formation of a new State, and also for the election of 
 members of a Convention for the purpose of forming a Constitution for 
 the proposed State, in which Convention each county and election district 
 shall have the same number of representatives to which it will be en- 
 titled at the next succeeding session of the House of Delegates. 
 
 Mr. Nicholls followed in a very forcible speech of some length, 
 in opposition to a division of the State, and was followed by 
 
 Mr. Shider, who replied to Mr. Nicholls and others, who had pre- 
 ceded him. He favored immediately having an expression of the 
 people, and made some very # spicy remarks in reply to what had 
 been said about his hint at a counter revolution among the people 
 in case no action was taken. 
 
 Mr. Frost succeeded, upon the same side of the question as Mr. 
 Nicholls. He concluded by declaring that whatever should be the 
 action of the Convention, he would give it his entire and hearty 
 support, and he hoped all would do the same. 
 
 After some further remarks by Messrs. Nicholls, Cather and 
 Barns. 
 
 Mr. Martin of Wetzel called for the previous question. The de- 
 mand was sustained. 
 
 The previous question upon the amendment of Mr. Nicholls, was 
 ordered. 
 
 The main question upon the amendment of Mr. Nicholls, was 
 then taken by yeas and nays and resulted, 34 nays, yeas 42. 
 
 Mr. Polsley offered the following as an amendment : 
 
 “That five commissioners from as many different counties be appointed 
 by this Convention who shall meet in Parkersburg on the first Monday 
 
 of , and appoint a day for the holding of said election if 
 
 in the opinion of a majority of them, a free and fair election can be 
 holden in four-fifths of the counties within the boundaries of the State 
 to be fixed.” 
 
 Mr. Polsley spoke briefly in advocacy of his amendment and 
 was followed by Mr. Burdett in a very spicy little speeech in favor 
 of a division of the State and in opposition to the amendment. In 
 the course of his remarks in alluding to the objection made that the 
 slavery question must be dragged into this controversy in forming 
 a constitution, he said that although he was as good a pro-slavery 
 man as any one in the State, he would see the whole institution 
 abolished before his country and its government should be destroy- 
 ed. ITe loved his country more than he loved the institution. 
 
 Mr. Farnsworth called for the previous question, which being 
 
278 Proceedings and Journals of the Conventions of 
 
 sustained, the question upon the adoption of Mr. Polsley’s amend- 
 ment was taken and lost by yeas 31, nays 45. 
 
 Mr. Stuart proposed to strike out the boundaries proposed in 
 the substitute, and insert the boundaries proposed in the report of 
 the Committee. 
 
 Mr. Farnsworth rose to call the previous question. This was 
 only another dodge to kill the bill. 
 
 Mr. Stuart appealed to the House for a few moments to speak 
 upon his amendment. 
 
 The call for the previous question was sustained, and upon the 
 question, Shall the main question he put? Mr. Stuart called for 
 the yeas and nays, which being- taken, the call was lost, by yeas 32, 
 nays 42. 
 
 Mr. Crotiiers moved an adjournment. 
 
 Mr. Carlile arose to say a few words by general consent, for 
 the benefit of his friend from Ohio and others. 
 
 The President said it could only be by general consent. 
 
 Several members objected. 
 
 Mr. Carlile said he must say it, and amid great confusion and 
 cries of order, he proceeded to say that if this course was to be 
 pursued by the opponents of compromise after the offer he had 
 made to meet them upon a compromise, he would now take it all 
 back, and if they would and must have war, they could have it. 
 
 Some member said “and war it shall be!” another said “We 
 will meet you.” 
 
 Mr. Frost arose and said he too would take back all he had said 
 of a willingness to meet the advocates of a division upon compro- 
 mise grounds. 
 
 Mr. Crothers withdrew his motion, and 
 
 Mr. Stuart proceeded to make a speech upon boundary; after 
 which the yeas and nays, having been demanded upon the ques- 
 tion of adopting Mr. Stuart’s amendment, were taken and resulted 
 yeas 38, nays 37. 
 
 So the amendment was adopted, being decided by Mr. Atkin- 
 son changing his vote. 
 
 The question recurred upon the substitute as amended, and 
 Mr. West proceeded to address the Convention on a variety of 
 subjects, but chiefly in relation to boundary. 
 
 Mr. Carlile said he had stated repeatedly that he should yield 
 a willing acquiescence to whatever might be the conclusion of the 
 
the People op Northwestern Virginia in 1861. 279 
 
 Convention. He regarded the adoption of this amendment as 
 equivalent to an indication that the Convention had determined 
 not to adopt any measure that would result in the division of the 
 State, or that the voice of the people within, what should be the le- 
 gitimate State, should at this time be heard. They all knew that 
 territory was thus included which must vote down a proposition 
 for separation, and he presumed it was so intended. He was now 
 willing to accpet this as an expression of the Convention and as 
 such he would acquiesce in it. Amended as it now was he must 
 vote against the substitute which he himself had offered, still hop- 
 ing that at some future day they should be able to accomplish the 
 much-desired end now, as he was willing to regard it here d<. 
 feated. 
 
 Mr. Tarr, with a hope that a little time and reflection would 
 tend to produce a better feeling among mehibers, moved to ad- 
 journ. 
 
 Mr. Farnsworth said they now had no further business here, 
 and he moved to adjourn sine die. 
 
 Several members cried out, "Yes, let’s adjourn and go home.” 
 "We have no more business here.” &c. 
 
 The President decided the motion out of order 1 — the motion to 
 adjourn taking precedence. 
 
 This motion was put, and the Convention adjourned with much 
 disorder. 
 
 ADJOURNED SESSION— TWELFTH DAY. 
 
 MONDAY, AUGUST 19, 1861. 
 
 • / 
 
 The Convention met and was called to order at half-past 9 
 o’clock A. M. 
 
 Prayer by Rev. Gideon Martin of the M. E. Church. 
 
 Minutes of Saturday read and approved. 
 
 The President presented a communication from the Governor, 
 tendering his resignation as a member of the Convention. 
 
 Mr. Lewis followed in some remarks upon the form of the gov- 
 ernment here, and suggested that the executive and legislative de- 
 partment of the government ought to be entirely separated, and that 
 it should be brought back to its original representative character. 
 The Richmond Convention had placed the supreme power in the 
 
280 Proceedings and Journals op the Conventions op 
 
 executive, and he thought that in re-constructing this government 
 they ought to remedy the evils brought upon us by that Conven- 
 tion. We should be careful of patterning after them in destroying 
 the representative character of our government and investing too 
 much of the authority in the hands of an executive. He favored the 
 acceptance of the resignation. 
 
 Mr. Lewis went on at some length to explain the card to which 
 allusion had been made in debate here. He reviewed circum- 
 stances which induced him to write it,, and defined what he meant 
 by a divided allegiance, to be strictly in accordance with the Con- 
 stitution of the United States and of the State. He took the posi- 
 tion he did at the time, because he understood the movement then be- 
 ing inauguarted here as a counter revolution, and not what it has 
 since proved itself, the reorganizing of the government of the 
 whole State; and because he thought it possessed a disintegration 
 of the State at a time when he thought it would have been unwise. 
 “If that card was mistaken in the doctrines it announced, if it 
 was imprudent in its inception, and ill-judged in the time of its 
 being put forth ; it, as was remarked by the gentleman from- Ohio, 
 threw impediments in the way of those who are engaged in this 
 great movement. I will from this day make use of all my powers, 
 intellectual, moral and physical, to undo what was wrongfully 
 done in the righting of that card.” 
 
 The resignation of Mr. Pierpont was accepted. 
 
 The order of the day came up being upon the substitute as 
 amended by Mr. Stuart. 
 
 Mr. IIooton proceeded to address the Convention. He believed 
 upon the harmonious settlement of this vexed question here de- 
 pended the welfare of this government. Since Saturday they had 
 all had time to reflect, and he came here this morning holding 
 out an olive branch to gentlemen who advocated the opposite of 
 this question. For this purpose he submitted the proposition that 
 this whole matter be referred to a committee to consist of six mem- 
 bers, three from each side, with the express understanding that 
 the committee report tomorrow morning. He moved that the 
 whole matter be thus referred. 
 
 Mr. Farnsworth asked the gentleman to withdraw his motion 
 for a time. 
 
 Mr. IIooton declined to do so, as he was aware that there were, 
 
the People op Northwestern Virginia in 1861. 281 
 
 at least, half a dozen propositions to be offered. He could not 
 consistently do so. 
 
 Mr. Fari-isworth said his object was to present a modification 
 of his proposition, which he believed would give general satisfac- 
 tion. If this should fail he would then favor the proposition. 
 
 Mr. Hooton said the gentleman could present his modified prop- 
 osition to the committee for their consideration. 
 
 Mr. Boreman said he was willing to meet gentlemen on the oth- 
 er side half way, and he thought every proposition had much bet- 
 ter be referred to the committee. 
 
 Mr. Dorsey moved to amend the motion by inserting as the 
 committee, the names of Messrs. Carlile, Lamb, Kramer, Carskadon, 
 Jackson and Boreman of Tyler. 
 
 Mr. Tarr moved to amend by making the committee consist of 
 ten, and thought they should be selected from every side of the 
 house. 
 
 Mr. Van Winkle remarked that in the Convention of 1850, 
 when the Compromise Committee was appointed to consider the 
 question of the white basis, they were appointed by ballot, each 
 member voting for half the committee. He did not make the 
 motion to select them in this way, but merely made the sugges- 
 tion. 
 
 Mr. West expressed a hope that the proposition of the gentle- 
 man from Preston would prevail. 
 
 Mr. Dorsey withdrew his motion. 
 
 Mr. Polsley rose merely, as he said, for the purpose of express- 
 ing his cordial approbation of the proposition of the gentleman 
 from Preston. 
 
 Mr. Tarr withdrew his amendment to the motion of Mr. Dorsey. 
 
 Mr. Lamb suggested that each side of the house upon the ques- 
 tion to be determined should select its half of the Committee. 
 
 Mr. Hooton accepted the suggestion. 
 
 Mr. Hooton ’s proposition as thus amended was adopted unani- 
 mously. 
 
 Mr. Lamb, from the Committee on Credentials, reported that 
 E. B. Hall, of Marion, was entitled to a seat in the Convention, to 
 fill the vacancy created by the resignation of Mr. Pierpont. 
 
 The report was adopted and Mr. Hall sworn in. 
 
 Mr. Frost .presented an ordinance to provide for holding a 
 special term of the County Court of Jackson county, to commence 
 
282 Proceedings and Journals op the Conventions op \ 
 
 on the fourth Thursday of August, 1861, which ordinance was 
 passed. 
 
 Mr. Van Winkle by general consent, offered the Committee on 
 Business an ordinance providing for the collection of the public 
 revenue in certain cases, which was laid upon the table and order- 
 ed to be printed. 
 
 The Convention then took a recess until the regular hour, to af- 
 ford opportunity to elect a Compromise Committee. 
 
 AFTERNOON SESSION. 
 
 Convention met at half-past two. [o’clock.] 
 
 Mr. Frost said the members of both sides respectfully elected 
 the following gentlemen as the Committee on Compromise : 
 Messrs. Farnsworth, Carlile, Paxton, Van Winkle, Ruffner and 
 Lamb. 
 
 Mr. Van Winkle said he w'as instructed by that Committee to 
 recommend to the Convention an adjournment until tomorrow 
 morning, in order that all propositions connected with the subject 
 which are pending or may be offered, be referred to that Commit- 
 tee, and that they have liberty to print their report before submit- 
 ting it to the Convention, if they can agree in time. ‘ ‘ In that case 
 the matter will be ready for your action at the opening of the 
 morning session, and will hardly be got ready before. In refer- 
 ence to the other business that is pending here I mentioned it to 
 the Committee, and they said they would like to be present when 
 it is acted upon; and upon the whole, considering the state of 
 anxiety in the minds of the members upon this subject, it was 
 thought if we would dispose of this in the morning, the other bus- 
 iness could be taken up and disposed of in perhaps a half hour or 
 an hour. 
 
 ‘ ‘ I therefore move that all propositions and any proposition that 
 may be offered in reference to a division of the State, be referred 
 to the Select Committee on that subject, and that they have leave 
 to print such report as they may agree to by tomorrow morning.” 
 
 Mr, Lewis — ‘‘In accordance with the suggestion just made, I 
 move that the Convention now adjourn.” 
 
 Mr, Frost asked the gentleman to withdraw his motion a mo- 
 ment to allow him to make a personal explanation, which he pro- 
 ceeded to do as follows: 
 
 “The impression seems to have gone abroad, Sir, that on last 
 
the People op Northwestern Virginia in 1861. 283 
 
 Saturday, after making the statement I did, that I had paired off 
 with Mr. Todd, of Taylor county. I voted upon the amendment of 
 the member from Doddridge. I distinctly stated then that I believed 
 under the arrangement I had made with Mr. Todd, I had the right 
 after the proposition of Mr. Boreman was voted down, to vote up- 
 on any subsequent proposition, but I declined doing it, lest it might 
 be misinterpreted. I voted upon one proposition alone, and that 
 was upon a motion to put the main question. I voted against that 
 in order to allow the member from Doddridge an opportunity to 
 speak upon his proposition. This impression seems to have gone 
 abroad outside of the hall from the report of members who seem- 
 ed to have misunderstood the vote I gave. I make this statement 
 in order that reporters may make some minute of it to show why I 
 declined voting. I was in favor of the motion of the gentleman 
 from Doddridge, and should have voted in favor of it, but for the 
 reason assigned I did not vote upon it.” 
 
 Mr. Lewis then renewed his motion and the Convention ad- 
 journed. 
 
 ADJOURNED SESSION! — THIRTEENTH DAY, 
 THURSDAY, AUGUST 20, 1861. 
 
 Convention met and was called to order at half-past nine A. M. 
 
 Prayer by Rev. Gordon Battelle. 
 
 Minutes read and approved. 
 
 Mr. Farnsworth — “As Chairman of the Committee, Sir, whose 
 duty it was by special appointment to try, if possible, to compro- 
 mise upon some measure to be adopted by this Convention, we are 
 ready this morning to report, and, we would say to this Conven- 
 tion, that the labors of that Committee were arduous. "We met in 
 the spirit of harmony and union ; we met for the purpose of meet- 
 ing, if possible, upon some general compromise ground that would 
 suit this entire Convention and suit the people. And I am happy 
 this morning to say to this Convention that we have agreed upon a 
 plan to be submitted this morning; and we have not only agreed, 
 but unanimously agreed. Every member of the Committee, and I 
 believe, with heart and hand, has agreed to it. And we take 
 great pleasure this morning in submitting the result of the labors 
 of that Committee, hoping that this Convention may properly ap- 
 preciate the report we make. 
 
 The following is the report: • 
 
284 Proceedings and Journals of the Conventions of 
 
 AN ORDINANCE TO PROVIDE FOR THE FORMATION OF 
 A NEW STATE OUT OF A PORTION OF THE 
 TERRITORY OF THIS STATE. 
 
 Whereas, It is represented to be the desire of the people inhab- 
 iting the counties hereinafter mentioned to be separated from this 
 Commonwealth, and to be erected into a separate and independent 
 State, and admitted into the Union of States, and become a member 
 of the Government of the United States: 
 
 Sec. 1 . The people of Virginia, by their Delegates as- 
 sembled in Convention at Wheeling, do ordain that a new 
 State’ to be called the State of Kanawha, be formed 
 and erected out of the territory included within the fol- 
 lowing described boundary: Beginning on the Tug Fork of 
 
 [Big] Sandy river on the Kentucky line where the counties 
 of Buchanan and Logan join the same, and running thence 
 with the dividing line of said counties, and the dividing line of the 
 counties of Wyoming and McDowell to the Mercer county line, and 
 with the dividing line of the counties of Mercer and Wyoming to 
 the Raleigh county line, and thence with the dividing line of the 
 counties of Raleigh and Mercer, Monroe and Raleigh, Greenbrier 
 and Raleigh, Fayette and Greenbrier, Nicholas and Greenbrier, 
 Webster, Greenbrier and Pocahontas, Randolph and Pocahontas, 
 Randolph and Pendleton, to the south-west comer of Hardy coun- 
 ty, thence with the dividing line of the counties of Hardy and 
 Tucker to the Fairfax Stone, thence with the line dividing the 
 State of Maryland and Virginia to the Pennsylvania line, thence 
 with the line dividing the States of Pennsylvania and Virginia to 
 the Ohio River, thence down said river, and including the same, to 
 the dividing line between Virginia and Kentucky, and with the 
 said line to the beginning; including within the boundaries of the 
 proposed new State the counties of Logan, Wyoming, Raleigh, 
 Fayette, Nicholas, Webster, Randolph, Tucker, Preston, Monon- 
 galia, Marion, Taylor, Barbour, Upshur, Harrison, Lewis, Brax- 
 ton, Clay, Kanawha, Boone, Wayne, Cabell, Putnam, Mason, Jack- 
 son, Roane, Calhoun, Wirt, Gilmer, Ritchie, Wood, Pleasants, Ty- 
 ler, Doddridge, Wetzel, Marshall, Ohio, Brooke and Hancock. 
 
 Sec. 2. All persons qualified to vote within the boundaries 
 aforesaid, and who shall present themselves at the several places 
 
the People of Northwestern Virginia in 1861. 285 
 
 of voting within their respective counties, on the fourth Thursday 
 in October next, shall be allowed to vote on the question of the 
 formation of a new State as hereinbefore proposed ; and it shall be 
 the duty of the Commissioners conducting the election at the said 
 several places of voting at the same time, to cause polls to be 
 taken for the election of Delegates to a Convention to form a Con- 
 stitution for the government of the proposed State. 
 
 Sec. 8. The Convention hereinbefore provided for may change 
 the boundaries described in the first section of this Ordinance, so 
 as to include within the proposed State the counties of Greenbrier 
 and Pocahontas or either of them, and also the counties of Hamp- 
 shire, Hardy, Morgan, Berkeley and Jefferson, or either of them, 
 and also such other counties as lie contiguous to the said boundar- 
 ies, or to the counties named in this section; if the said counties 
 to be added, or either of them by a majority of the votes given, 
 shall declare their wish to form part of the proposed State, and 
 shall elect Delegates to the said Convention, at elections to be held 
 at the time and in the manner herein provided for. 
 
 Sec. 4. Poll Books shall be prepared under the direction of the 
 Governor, for each place of voting in the several counties herein- 
 before mentioned, with two separate columns, one to be headed 
 “For the New State,” the other, “Against the New State.” 
 
 And it shall be the duty of the Commissioners who superintend- 
 ed, and the officers who conducted the election in May last, or such 
 other persons as the Governor may appoint, to attend at their re- 
 spective places of holding elections, and superintend and conduct 
 the election herein provided for. And if the said Commissioners 
 and officers shall fail to attend at any such place of holding elec- 
 tions, it shall be lawful for any two freeholders present to act as 
 Commissioners in superintending said election. It shall be the 
 duty of such persons superintending and conducting said election, 
 to employ clerks to record the votes, and to endorse on the respec- 
 tive poll books the expenses of the same. 
 
 If on the day herein provided for holding such election, there 
 shall be in any of the said counties, any military force or any hos- 
 tile assemblage of persons, so as to interfere with a full and free 
 expression of the will of the voters, they may assemble at any other 
 place within their county, and hold an election as herein provided 
 for. It shall be the duty of such Commissioners superintending, 
 and officers conducting said election, and the clerks employed to 
 
2S6 Proceedings and Journals op the Conventions of 
 
 record the votes, each before entering upon the duties of his re- 
 spective office, to take, in addition to the oath now required by the 
 general election law, the oath of office prescribed by this Conven- 
 tion. It shall be the duty of the officers and commissioners afore- 
 said, as soon as may be, and not exceeding three days after said 
 election, to aggregate each of the columns of said poll books, and 
 ascertain the number of votes recorded in each, and make a return 
 thereof to the Secretary of the Commonwealth, in the City of 
 Wheeling, which return shall be in the following form, or to the 
 following effect: 
 
 We, , Commissioners, and , conducting 
 
 officers, do certify that we caused an election to be held at 
 in the county of at which we permit- 
 ted all persons to vote that were entitled to do so under existing 
 laws, and that offered to vote, and that we have carefully added 
 up each column of our poll books, and find the following result : 
 
 For a new State, votes; Against a new State, 
 
 votes. Given under our hands, this day of 
 
 1861. 
 
 Under which certificate there shall be added the following affi- 
 davit : 
 
 County, to-wit : 
 
 I a Justice of the Peace, (or any officer 
 
 now authorized by law to administer oaths, in and for said county, 
 do certify that the above-named commissioners and conducting of- 
 ficers, severally made oath before me that the certificate by them 
 above signed, is true. Given under my hand this day 
 
 The original poll books shall be carefully kept by the conducting 
 officers for ninety days after the day of the election, and upon the 
 demand of the Executive shall be delivered to such person as he 
 may authorize to demand and receive them. 
 
 Sec. 5. The commissioners conducting the said election in each 
 of said counties shall ascertain, at the same time they ascertain the 
 vote upon the formation of a new State, who has been elected from 
 their county to the Convention hereinbefore provided for, and shall 
 certify to the Secretary of the Commonwealth the name or names 
 of the persons elected to the said Convention. 
 
 Sec. 6. It shall be the duty of the Governor on or before the 
 
the People of Northwestern Virginia in 1861. 287 
 
 fifteenth day of November next, to ascertain and by proclamation 
 make known the result of the said vote, and if the majority of the 
 votes given within the boundaries mentioned in the first section of 
 this ordinance shall be in favor of the formation of a new State, he 
 shall so state in his said proclamation, and shall call upon said del- 
 egates to meet in the city of Wheeling on the 26th day of Novem- 
 ber next, and organize themselves into a Convention, and said Con- 
 vention shall submit for ratification or rejection the Constitution 
 that may be agreed upon by it, to the qualified voters within the 
 proposed State, to be voted upon by the said voters on the fourh 
 Thursday in December next. 
 
 Sec. 7. The county of Ohio shall elect three delegates ; the coun- 
 ties of Harrison, Kanawha, Marion, Marshall, Mpnongalia, Pres- 
 ton and Wood shall each elect two ; and the other counties named 
 in the first section of this Ordinance shall each elect one delegate 
 to the said Convention. And such other counties as are described 
 in the third section of this Ordinance shall, for every seven thous- 
 and of their population, according to the census of 1860, be en- 
 titled to one delegate, and to an additional delegate for any frac- 
 tion over thirty-five hundred; but each of said counties shall be 
 entitled to one delegate. 
 
 Sec. 8. It shall be the duty of the Governor to lay before the 
 General Assembly, at its next meeting, for their consent, accord- 
 ing to the Constitution of the United States, the result of the said 
 vote, if it shall be found that a majority of the votes cast be in 
 favor of a new State, and also in favor of the Constitution pro- 
 posed to said voters for their adoption. 
 
 Sec. 9. Said new State shall take upon itself a just proportion 
 of the public debt of the Commonwealth of Virginia prior to the 
 1st day of January, 1861, to be ascertained by charging to it all 
 State expenditures within the limits thereof, and just proportion 
 of the ordinary expenses of the State government, since any part 
 of said debt was contracted, and deducting therefrom the monies 
 paid into the treasury of the Commonwealth from the counties in- 
 cluded within the said new State within the same period. All 
 private rights and interests in lands within the proposed State, de- 
 rived from the laws of Virginia prior to such separation, shall re- 
 main valid and secure under the laws of the proposed State, and 
 shall be determined by the laws now existing in the State of Vir- 
 ginia. 
 
288 Proceedings and Journals of the Conventions of 
 
 The lands within the proposed State, of non-resident proprie- 
 tors, shall not in any case be taxed higher than the lands of resi- 
 dents therein. No grants of lands, or land warrants issued by the 
 proposed State, shall interfere with any warrant issued from the 
 Land Office of Virginia, prior to the 17th day of April last, which, 
 shall be located on lands within the proposed State, now liable 
 thereto. 
 
 Sec. 10. When the General Assembly shall give its consent to 
 the formation of such new State, it shall forward to the Congress, 
 of the United States such consent, together with an official copy 
 of such Constitution, with the request that the said new State may 
 be admitted into the Union of States. 
 
 Sec. 11. The Government of the State of Virginia, as re-organ- 
 ized by this Convention at its session in June last, shall retain, 
 within the territory of the proposed State, undiminished and un- 
 impaired, all the powers and authority with which it has been 
 vested, until the proposed State shall be admitted into the Union 
 by the Congress of the United States; and nothing in this ordi- 
 nance contained, or which shall be done in pursuance thereof, shall 
 impair or affect the authority of the said re-organized State gov- 
 ernment in any county which shall not be included in the proposed 
 State. 
 
 Mr. Van Winkle — “The questions involved here are those of 
 boundary and of time. We had conceded to the gentlemen on 
 the other side an opportunity of bringing this matter before the 
 Legislature at its next session, in consideration, partly, at least, 
 of the fact that if the next legislature holds only its regular session 
 it will not meet until two years after December next. It however 
 will be seen, leaves discretion enough in the Legislature to act 
 upon this matter, and if as we have feared the state of the country 
 should be such that this vote cannot be taken in any considerable 
 number of the counties, why, of course, the thing would fail for 
 the present. 
 
 Again, Sir, what we think, to some extent, has been conceded 
 to us is that another Convention shall be called for the purpose of 
 making a Constitution for the new State. There were serious ob- 
 jections to going on with the old constitution and organizing a gov- 
 ernment under its provisions, and in a few months have to make 
 another Constitution. The Constitution of the new State will 
 
the People of Northwestern Virginia in 1861. 289 
 
 therefore he submitted to the people before the application comes 
 before the Legislature. 
 
 In reference to the boundary, I can only refer gentlemen to the 
 bill. <*There have been so many different and conflicting views in 
 reference to that subject that it is hard to say which side has 
 yielded and which has not. And while my views were very strong 
 in the beginning of this matter to endeavor to include the valley, 
 
 I have somewhat changed in regard to them. One ground of that 
 change is that it would be perhaps taking too much from the old 
 State. Another is that the Valley itself would not consent, or at 
 least no other parts than those for which provision is made in this 
 ordinance. I will only say in conclusion that the ordinance is 
 made up of the different propositions offered here, and is, I believe, 
 really the resiilt of a sincere desire on the part of the Committee 
 to do something that would meet the approbation of the Conven- 
 tion and the people generally. 
 
 The dangers that we feared from too early action will perhaps 
 -be obviated by the provisions of this ordinance, and I think if this 
 belief is general, that there can be no objection to passing it as it 
 is. If there are any counties in which from the occupation of 
 hostile troops, elections cannot be held, the matter cannot be acted 
 on by the Legislature. At any rate there is discretion left to the 
 Legislature to act properly in this matter, and if we go on to Con- 
 gress with our application in that way, and if there is any irregu- 
 larity it is not likely we will obtain their consent. It will, there- 
 fore, behoove gentlemen who are favoring this movement most 
 strongly to wait until they have the consent of these counties em- 
 braced in this boundary, to insure the assent of Congress. We 
 think that the great concession made on our side is in conceding 
 early action, to refuse which would, perhaps, be fatal to the whole 
 thing. It was to decide between this and the danger of postponing 
 the whole matter,, by permitting the friends of a division to risk 
 action now.” 
 
 Mr. Crane moved to amend by adding at the end of the 88th 
 line in the 7th section the words “the said delegates shall receive 
 the same per diem as that which is now allowed to the members 
 of the General Asembly. ” 
 
 The amendment was agreed to. 
 
 Mr. Polsley obtained the floor, and proceeded to give expres- 
 sion to his reasons for opposing the adoption of the report of the 
 
200 Proceedings and Journals or the Conventions of 
 
 Committee. His real objection was that the Convention had no 
 power to act on: this subject; that “although we are de jure — we 
 are in fact the*rightful government of the whole state of Virginia, 
 according to the principles of American Government and accord- 
 ing to the principles recognized by the government of the United 
 States, yet” he contended that “we are not de facto the govern- 
 ment of the whole of the State of Virginia.” For this reason he 
 could not feel that they had any right to adopt measures for a 
 separation of the State. 
 
 Mr. Martin, of Wetzel, moved the previous question. 
 
 Several members asked him to withdraw it. 
 
 Mr. Martin consented to withdraw it, but he did not think the 
 subject needed any further elucidation; it was already exhausted, 
 and he did not think any new light could be thrown upon the 
 subject. 
 
 Mr. Lamb addressed the Convention briefly, in favor of the re- 
 port of the Committee. He had consented to it somewhat reluct- 
 antly, but he would remind his friends that, by the Constitution of 
 the United States, no action of the people of Virginia can effect 
 anything without the consent of the Legislature, towards the for- 
 mation of a new State, and that consent must be free and un- 
 trammelled. This was one security against a division. Another 
 was, that another Convention was to be held to prepare and submit 
 a' constitution to our people of the new State. If that Conven- 
 tion should find the state of things would not allow the subject to 
 be fairly and freely acted upon, they certainly would postpone the 
 matter until such an expression could be had. He thought they 
 had at least a reasonable security that no action would be had 
 unless an actual and fair expression of popular sentiment should 
 be previously had. 
 
 Mr. Tarr proposed to amend the Ordinance in the 20th line, 
 of the first section, by inserting the counties of Hampshire, Hardy, 
 Morgan, Berkeley, and Jefferson. 
 
 Mr. Stuart moved to add, as an amendment, the counties of 
 Pendleton and Highland, and made some remarks in favor of his 
 motion, going to show how strong was the Union sentiment in those 
 counties. 
 
 Mr. Burdett retorted by saying that some idea could be formed 
 by the strength of the Union sentiment there by the fact that the 
 first rebel troops that invaded Northwestern Virginia were from 
 
the People oe Northwestern Virginia in 1861. 291 
 
 Highland county. They had been quartered in his own town 
 (Pruntytown) and in his own house. Among them was one Captain 
 Hull who in the Richmond Convention was a Union man ancl who 
 finally yielded and perhaps signed the Ordinance of Secession. 
 
 Mr. Stuart inquired if there was not a company of secession 
 troops in the gentleman’s own county (Taylor) before these troops 
 came over from Plighland. 
 
 Mr. Burdett replied, that might he true, but he had alluded to 
 that fact to show how strong was the Union sentiment in Highland. 
 He supposed the gentleman had, perhaps, some relatives over there 
 and he believed it would be cheaper for him to go over to them 
 than to try to bring the country to us. 
 
 Mr. Downey obtained the floor for the purpose of vindicating 
 the Union element of Hampshire county. He went on at length 
 to advocate the amendment of Mr. Tarr taking in that and other 
 counties. 
 
 Mr. Hooton demanded the previous question. 
 
 The cpiestion was put upon the amendment of Mr. Stuart, aud 
 the amendment lost. 
 
 The question recurred on the amendment of Mr. Tarr. 
 
 Mr, Burley hoped gentlemen would concede them this one 
 amendment. 
 
 The question on the adoption was taken by yeas and nays, and 
 resulted, yeas 35, nays 27. 
 
 So the amendment was adopted. 
 
 Mr. Carlile took the floor, and said that by the action just 
 taken, he was satisfied it had destroyed the ordinance reported by 
 the' Committee, and this being the case, he should not object to 
 any other amendments. He proceeded to speak in opposition to 
 including the counties named in the amendment. A provision was 
 incorporated into the ordinance by which they could come into the 
 new State, if they desired it; if they did not desire to come in, no 
 power' to be exercised here could bring them in. One object was to 
 get rid of the secession forces. He believed that Eastern Virginia 
 was willing to let Northwestern Virginia go and form a separate 
 State, but would they be willing to let these counties go, containing 
 some 8,000 slaves, and which were within their natural boundaries, 
 without a fierce struggle to maintain them. Besides we had no as- 
 surance that these counties wanted to come with us at all. They 
 were, some of them, largely secession, and would have to be- co- 
 
292 Proceedings and Journals of the Conventions of 
 
 erced, if brought in at all. The provision of the ordinance would 
 afford them an opportunity to come in, if they desired, and if they 
 did not want to, we certainly did not want them. 
 
 As to wanting these counties because the Baltimore and Ohio 
 Railroad ran through them he would just say that in times of 
 peace we had free and xuimolested use of that road, and in times 
 of war it could not be used anyhow. So that argument had no 
 force whatever. 
 
 Mr. Caldwell interrupted Mr. Carlile and moved a reconsider- 
 ation of the vote by which the amendment was adopted. 
 
 Mr. Niciiolls followed in a very eloquent appeal to members 
 not now to again throw an element of discord into the Conven- 
 tion. They all knew he had opposed immediate action as much as 
 any of them, but they had appointed their committee to adopt 
 measures that might harmonize them, and should not captiously 
 oppose what that committee had proposed to them. Let them not 
 now again distract the Convention and ruin everything. ITe hoped 
 they would adopt the report and let them go home united, and en- 
 ter upon the field of duty to which their country now called them, 
 the defence of their homes and firesides. For one he was willing 
 to act "with all who were ready to aid in saving their country in 
 this hour of its extremity. 
 
 Mr. Tarr proposed to amend his amendment by leaving out the 
 counties of Berkeley and Jefferson. 
 
 Mr. Hall, of Marion, obtained the floor and occupied some time 
 in vindicating the Union sentiment of Richmond and Eastern 
 Virginia. He was in favor of taking in the counties included in 
 the amendment of Mr. Tarr, and hoped that gentleman would let 
 them all stand, and not be satisfied with half a loaf. He was op- 
 posed to being in a hurry. Let them consider this measure calmly 
 and not hasten things too much toward a division of the State. 
 
 Mr. Van Winkle made some further remarks in explanation of 
 the report of the Committee. If these counties were to be left out 
 they could vote themselves in if they chose to, but if a county 
 should so vote with another intervening between it and the new 
 State, of course they could not come in. But if the counties named 
 in the amendment, or any others, were included in the bound- 
 aries they must come in whether willing or not. The leaving out of 
 these counties and others, and then making the provision by which 
 
the People of Northwestern Virginia in 1861. 293 
 
 they might come in if they wished was the very essence of the 
 compromise they had effected. 
 
 Mr. Carlile demanded the yeas and nays upon the motion of 
 Mr. Caldwell to reconsider, which being taken resulted as follows : 
 
 Yeas— M essrs. Berkshire, Brown, Burdett, Brumfield, Burley, Cather, 
 Crawford, Carlile. Crane of Preston, Crane of Randolph, Caldwell, David- 
 son, Douglas, Davis, Evans, Ferrell, Farnsworth, Fleming, Gist, Graham, 
 Hale, Hagans, Hooton, Howard, Jackson, Kramer, Lamb, Lewis, Love, 
 Martin of Wetzel, Myers, Mason, Nicholls, Smith of Pleasants, Scott 
 (J. L.) Swan, Taft, Yance, Van Winkle, West, Williamson of Pleasants, 
 Wilson and Zinn — 43. 
 
 Nays — Messrs. Atkinson, Boreman, Barns, Bowyer, Broski, Close, 
 Carslcadon, Copley, Downey, Foley, Fast, Harrison, Hall of Marion, 
 Johnson, Koontz, Montague, Michael, Polsley, Ritchie, Smith of Marion, 
 Stuart, Tarr, Trout, Withers, Wetzel, Watson, and Mr. President (Bore- 
 man of Wood)— 27. 
 
 So the vote adopting the amendment was reconsidered. The 
 time of a recess having arrived the Convention took a recess, Mr. 
 Stuart having the floor. 
 
 AFTERNOON SESSION. 
 
 Mr. Stuart took the floor, and addressed the Convention upon 
 the question which recurred upon the adoption of the amendment 
 of Mr. Tarr. He thought the report of the Committee was the 
 worst proposition that had yet been offered, and yet some gentle- 
 men here thought it was above criticism. He was opposed to this 
 bill much more than the bill proposed by Mr. Farnsworth, orig- 
 inally. He believed the concession had all been one way. He must 
 give Mr. Carlile credit for having managed this thing admirably. 
 After he had concluded 
 
 Mr. Martin of Wetzel called for the previous question. 
 
 The main question was then put upon the amendment of Mr. 
 Tarr to add the counties of Hardy, Hampshire, Morgan, Berkeley, 
 and Jefferson, ^ and being taken by yeas and nays resulted, yeas 
 31, nays 48. 
 
 So the motion to so amend was lost. 
 
 Mr. Burley said he would propose as a compromise, that the 
 counties of Hardy, Hampshire, and Morgan, should be included 
 within the boundaries of the new State. The question upon the 
 amendment was taken and decided in the negative. 
 
 Mr. Carlile said the Convention had now spent about two weeks 
 discussing this question, and he thought it was about time for 
 
294 Proceedings and Journals of the Conventions of 
 
 them to come to some conclusion. They had all made their speech- 
 es over about ten times — he had he knew — and he hoped this thing 
 was to come to an end. 
 
 He was followed by Mr. Smith, of Marion, who urged in oppo- 
 sition to the adoption of the report of the Committee, that this 
 proposition would bring up prominently the consideration of the 
 slavery question, which must result most disastrously: that such 
 was the state of things in many counties that a fair election could 
 not be held. He argued that this Ordinance would override the 
 Ordinance for the organization of the State government in its pro- 
 vision that the Legislature should order an election for executive 
 officers so as to end their term of office at the end of six months, 
 and thus would perpetuate the present executive of this State gov- 
 ernment until the new State shall be admitted into the Union. 
 
 He moved to strike out, in the 24th line, all after the word 
 “proposed,” down to the 33d line. 
 
 He was replied to by Mr. Carlile, who said that Mr. Smith 
 and his friends had all along during the session of the Legislature 
 and in the early part of this Convention, favored and insisted on 
 a Convention to form a constitution, and now that that Con- 
 vention was provided for in this proposition the gentleman had 
 turned against his own pet scheme. 
 
 The question was taken upon Mr. Smith’s amendment, and it 
 was rejected. 
 
 Mr. Stuart proposed to amend the 1st section by striking out 
 “Kanawha” and inserting “West Virginia,” as the name of the 
 new State. 
 
 Mr. Hall, of Marion, asked for a division of the question. 
 
 The motion to strike out “Kanawha” was put and rejected. 
 
 Mr. West said he wished to define his position. He said they 
 had in a manner entirely fair and impartial gone into the selec- 
 tion of the Committee that had reported this morning, and while 
 he did not pretend to say that any other members felt bound, for 
 himself he did feel bound in good faith to carry out the objects of 
 the Committee. 
 
 Mr. Crane, of Randolph, proposed as an amendment to the end 
 of the 7tli section, as amended by himself this morning, to add 
 these words : ‘ ‘ But no person shall receive pay as a member of the 
 General Assembly and of the Convention at the same time.” 
 
 The amendment was agreed to. 
 
the People op Northwestern Virginia in 1861. 295 
 
 Mr. Smith, of Marion, moved to amend the eleventh section by 
 adding at the end of it the words: ‘'Provided, That nothing here- 
 in contained shall annul the power of the Legislature to call an 
 election to fill the vacancy o£ Governor, Lieutenant-Governor, and 
 Attorney, and provided for by an ordinance entitled, ‘An Ordi- 
 nance for the re-organization of the State Government.’ ” 
 
 Mr. Lamb said if he could see the least necessity in the world 
 for it, he would vote for the amendment cheerfully, but he could 
 not see such necessity. 
 
 Mr. Smith said he saw a necessity for it; because these ordi- 
 nances would come in conflict. The question might arise in the 
 next Legislature, whether we have that power or not, and by hav- 
 ing that proviso here, it sets aside the question forever. 
 
 The amendment was rejected. 
 
 Mr. Polsley proposed the following amendment: “Strike out 
 the first sentence of the 7th section, and insert : 
 
 That each of said counties shall be entitled to one delegate ; and 
 each county having a white population of 7,000 inhabitants, two 
 delegates; each county having .a like population of 13,000 shall 
 have three delegates; and Ohio county shall have four delegates. 
 
 Mr. Polsley spoke in favor of his amendment and was replied 
 to by Mr. Lamb. 
 
 Mr. IIooton. called for the previous question. 
 
 The question was put and the amendment rejected. 
 
 Mr. Lewis now demanded the previous question on the main 
 question. 
 
 The main question was ordered, it being upon the adoption of 
 the ordinance reported by the Select Committee, and having bcvn 
 taken by yeas and nays, resulted as follows : 
 
 Yeas— Messrs. Berkshire, Brown, Burdett, Brumfield, Gather, Crawford, 
 Carlile, Crane of Randolph, Crane of Preston, Caldwell, Gopley, Davidson, 
 Douglas, Downey, Davis, Evans, Ferrell, Farnsworth, Foley, Fast, Flem- 
 ing, Hale, Hagans, Hooton, Howard, Jackson, Kramer, Lamb, Lewis, Love, 
 Martin of Wetzel, Myers, Price, Paxton, Parsons, Ruffner, Slack, Smith 
 of Marion, Smith of Pleasants, Smith of Upshur, Swan, Scott, Taft, Vance, 
 Withers, Williamson of Pleasants, Wilson and Zinn — IS. 
 
 Nays — Messrs. Atkinson, Boreman of Tyler, Barns, Bowyer, Burley, 
 Broski, Crothers. Close, Carskadon, Gist, Graham, Harrison, Hubbard, 
 Hall of Marion, Hawxhurst, Johnson, Koontz, Mason, Montague, Polsley, 
 Ritchie, Stuart, Tarr, Trout, Wetzel, Watson, and Mr. President (Bore- 
 man of Wood)— 27. 
 
 Several members were paired off. 
 
 Remainder of members absent. 
 
296 Proceedings and Journals of the Conventions of 
 
 So the Ordinance as reported by the Committee and amended 
 by the Convention, was adopted. 
 
 Mr. Harrison in casting his vote obtained leave to read an ad- 
 dress to the Convention, setting forth his reason for the vote he 
 cast. 
 
 Mr. Smith, of Marion, in casting his vote said : 
 
 “The bill as presented to the House is, in my opinion, evidently 
 defective. But I have ever been disposed to give the people an op- 
 portunity to vote on the subject. I think the people abroad require 
 at our hands that some steps should be taken towards a division 
 of the State, and I have struggled throughout this Convention with 
 a view of getting it before the people in the most unexceptionable 
 shape I possibly could. I regard this as the most objectionable 
 shape in which any proposition has been presented to the House, 
 yet so anxious am I that the people shall have a vote on the subject 
 that I shall vote yea. I do so not because I subscribe to the modus 
 operandi, but because I subscribe to the sentiment it has embodied 
 in it, viz: that the people shall exercise their inalienable right of 
 suffrage at the polls.” 
 
 Mr. Caldwell also made an explanation of his vote, but the re- 
 porter not attending at the time did not catch it. 
 
 Mr. Lamb offered the following resolution : 
 
 Resolved, That when this Convention adjourn tomorrow, it shall stand 
 adjourned until called together by the President of this Convention or 
 the Governor; and if not so convened on or before the first Thursday 
 of January next it shall then stand adjourned sine die. 
 
 Mr. Smith, of Marion, moved to amend by striking out after 
 “tomorrow” and insert “it adjourn sine die.” He thought there 
 could be no necessity for recalling this Convention. 
 
 Mr. Lamb said it was possible there might arise an emergency 
 that would justify the assembling of this Convention, and it 
 would at any rate do no harm to leave that power in the hands of 
 the Governor and President of the Convention. 
 
 Mr. Hubbard suggested the 26th of November next instead of 
 the first Thursday of January, lest, according to the provisions of 
 the ordinance, there might be two conventions in session at the 
 same time. 
 
 Mr. Lamb reminded him that the Convention to be called to- 
 gether under the operation or the ordinance would have no power 
 to meet any such emergency as was contemplated. It would be a 
 Convention called for a special purpose, the formation of a Con- 
 stitution. 
 
the People op Northwestern Virginia in 1861 . 297 
 
 Mr. Smith could not see that there ever would be any need of 
 summoning this Convention together again, but at the suggestion 
 of friends he would withdraw the motion. 
 
 Mr. Stuart moved .to strike out that part authorizing the Presi- 
 dent to call them together. He preferred to leave it to the Gover- 
 nor alone. 
 
 Mr. Lamb replied that the Governor might die, or the secession- 
 ists might carry him off. They had better have two strings to their 
 bow. 
 
 Mr. Van Winkle said that in the event of the death of the Gov- 
 ernor there would be nobody to call the convention together, and 
 should any emergency arise at such a time this government must 
 go all to. pieces. 
 
 The amendment was rejected and the resolution adopted. 
 
 Mr. Nicholls presented the following: 
 
 Resolved, That the doorkeepers of this Convention be allowed three 
 dollars per day for their services, instead of the sum now fixed. 
 
 The resolution was adopted. 
 
 Mr. Van Winkle said he had some resolutions to offer, and 
 while he had no doubt they contained the sentiments of every 
 member of the Convention yet he thought possibly it might be best, 
 or at least well, to put something on the record. They refer, he 
 said, to the necessity, the obligation, which rests upon every member 
 here when he goes back among his constituents, to enforce upon 
 them the importance of aiding and of maintaining, in every way 
 possible, the civil power of this government, and also of aiding and 
 co-operating in the raising of State volunteers in our home defence. 
 The armies of the enemy having left our country, we may think 
 there is no more necessity for this. Even if their return were not 
 probable, we ought to be prepared to put down any domestic vio- 
 lence that might arise ourselves, inasmuch as the Government may, 
 thinking there is no longer any necessity of keeping its troops 
 amongst us, withdraw them for some other field of action. 
 
 Every one must be sensible that, unless the civil arm is strength- 
 ened in every way it can be, and unless all domestic broils and vio- 
 lence can be kept down until peace returns, our business and other 
 interests must remain in their present prostrate condition. 
 
 The following are the resolutions as they were unanimously 
 adopted : 
 
298 Proceedings and Journals of the Conventions of 
 
 Resolved. That this Convention most earnestly urge upon their loyal 
 fellow-citzens the importance of extending to the re-organized govern- 
 ment a cordial recognition, and that support in its efforts to establish the 
 civil authority and to cause the laws to be administered and executed, 
 and maintain peace and good order throughout its jurisdiction. 
 
 Resolved. That this Convention further urge upon their loyal fellow- 
 citizens the importance of encouraging by their countenance, active co- 
 operation in the enrollment and drilling of, at least, one company of 
 State volunteers in every county for the purpose of suppressing rebellion 
 and insurrection, and aiding the civil authorities in the enforcement 
 of the laws. 
 
 Mr. Van Winkle, from the Committee on Business, reported 
 an ordinance to provide for the election of representatives in the 
 Congress of the United States; also an ordinance to increase the 
 compensation of the Adjutant-General, during the continuance of 
 hostilities in the Commonwealth. 
 
 He moved to take up the following ordinance, which was accord- 
 ingly put upon its passage and adopted: 
 
 AN ORDINANCE ASCERTAINING AND DECLARING IN WHAT CASES 
 OFFICES ARE VACATED UNDER THE DECLARATION 
 OF JUNE 17, 1861. 
 
 The people of Virginia, by their Delegates assembled in Convention, 
 at Wheeling, do ordain as follows: 
 
 1. Every incumbent of an office held under authority of the common- 
 wealth, or of any county, city or town thereof, who, on and before the 
 17th day of June last was in rebellion against the government of the 
 United States, or who by any overt act, or by writing or speaking, sup- 
 ported and upheld, or attempted to support or uphold, the usurped 
 government at Richmond, or the pretended government of the Confederate 
 States, and who has not before the passage of this Ordinance, taken and 
 subscribed the oath of office prescribed by the Ordinance of this Con- 
 vention, entitled “An Ordinance for the Re-organization of the State 
 Government,” shall be deemed and taken to have vacated his office; and 
 it shall he the duty of the Governor, upon satisfactory evidence thereof, 
 to proceed to fill such vacancy; or cause the same to he filled, in the 
 mode prescribed by the fifth section of the above cited Ordinance. 
 
 2. This Ordinance shall be in force from its passage. 
 
 He then moved to proceed to the consideration of the following, 
 
 which was also taken up and passed : 
 
 AN ORDINANCE, PROVIDING FOR THE APPOINTMENT OF COL- 
 LECTORS OF THE PUBLIC REVENUE IN 
 CERTAIN CASES. 
 
 The people of Virginia, by their Delegates assembled In Convention at 
 Wheeling, do ordain as follows: 
 
 1. If in any County there shall he no Sheriff or Collector of the 
 Public Revenues authorized to act under existing laws and the Ordinances 
 of tnis Convention, and the County Court of such County cannot be con- 
 vened, or being convened, shall fail or refuse to appoint and qualify a Col- 
 lector of the State and County Levies, and other public dues, within the 
 said County, it shall be the duty of the Auditor of Public Accounts, with 
 the approbation of the Governor, to appoint a Collector of the Public 
 Revenues for said County, requiring him to take such oaths and with 
 proper and sufficient sureties, to be approved by the Governor and Audi- 
 tor, to execute such bonds as are required from Collectors appointed 
 
the People of Northwestern Virginia in 1861. 
 
 299 
 
 by the County Courts under the said laws and ordinances. The said 
 bonds shall be filed with the Auditor of Public Accounts, who shall 
 transmit certified copies thereof to the Clerk of the County Court of such 
 County, which copies shall he received as evidence in all the Courts of 
 the Commonwealth. 
 
 2. This Ordinance shall he in force from its passage, and may he 
 altered or l’epealed by the General Assembly. 
 
 ITe then called up the following just laid upon the table and it 
 was taken up and also passed : 
 
 AN ORDINANCE TO PROVIDE FOR THE ELECTION OF REPRE- 
 SENTATIVES IN THE CONGRESS OF THE 
 UNITED STATES. 
 
 The People of Virginia, by their Delegates assembled in Convention 
 at Wheeling, do ordain as follows: 
 
 1. In every Congressional District of the State where from any 
 cause an election for Representative in the Congress of the United 
 States was not held on the fourth Thursday of May last, and in the 
 Eleventh District, where a vacancy now exists, an election shall be 
 held on the fourth Thursday of October next, which shall be conducted, 
 and the result ascertained, declared and certified in the manner directed 
 in the 2d section of the 2d edition of the Code of Virginia. 
 
 2. If in consequence of the occupation of any county by any army 
 or forces in hostility with, or rebellion against the government of the 
 United States, such election cannot be, or is not, held in such county, 
 any person entitled to vote therein may vote in any other county of 
 his district; and if no election shall be held at the time appointed in the 
 1st section of this ordinance in any Congressional District therein men- 
 tioned, the Governor on receiving satisfactory evidence thereof, may 
 by proclamation or writ appoint another day for holding such election 
 therein. 
 
 3. This ordinance shall be in force from its passage. 
 
 On motion of Mr. 0 a rule, the following ordinance was taken up 
 from the table and adopted : 
 
 AN ORDINANCE INCREASING THE COMPENSATION OF THE 
 ADJUTANT-GENERAL DURING THE CONTINUANCE OF 
 HOSTILITIES IN THE COMMONWEALTH. 
 
 The People of Virginia, by their Delegates assembled in Convention 
 at Wheeling, do ordain as follows: 
 
 1. During the continuance of hostilities within the Commonwealth, _ 
 the Adjutant- General, in addition to the. salary now allowed by law, 
 shall he entitled to receive the sum of $700.00 per annum. 
 
 2. This ordinance shall be in force from its passage, and may be 
 altered or repealed by the General Assembly. 
 
 On motion, a committee, consisting of Messrs. A^an AVinkle, Bore- 
 man and Lamb, were selected to revise the ordinances of the Con- 
 vention. 
 
 Mr. Caldwell presented an ordinance relating to grand and 
 petit jurors and attorneys-at-law, requiring them to answer certain 
 questions before entering upon the duties of their offices, which, 
 after some consideration, was indefinitely postponed. 
 
 Mr. Kramer offered the following, which was agreed to: 
 
 Resolved, That 10,000 copies of the ordinance providing for the forma- 
 
300 Proceedings and Journals op the Conventions op 
 
 tion of a new State, be published for circulation within the counties of 
 the proposed new State and counties lying contiguous thereto. 
 
 Mr. Burdett moved that when this Convention adjourn, it ad- 
 journ to meet tomorrow at 4 P. M. 
 
 •The motion was agreed to, and on motion the Convention ad- 
 journed. 
 
 ADJOURNED SESSION— LAST DAY, 
 WEDNESDAY, AUGUST 21, 1861. 
 
 The Convention met at four o’clock P. M. 
 
 Minutes read and approved. 
 
 Mr. Boreman, of Tyler, offered the following which was adopt- 
 ed : 
 
 Resolved, That a committee of three be appointed to wait upon the 
 Governor, and inquire whether he has any communication to make to the 
 Convention before its adjournment. 
 
 Messrs. Boreman, Smith of Marion, and Withers, were appointed 
 said committee. 
 
 Mr. Newman, of Wirt, who had been absent, obtained general 
 consent to vote upon the ordinance creating a new State. ITe 
 A r oted nay. 
 
 Mr. Van Winkle, from the Committee of Revision, made their 
 report, which was adopted. 
 
 Mr. West moved to take up the resolution offered some days ago 
 by himself, providing for the nest meeting of the next Legislature 
 in Richmond. 
 
 Mr. Crothers suggested that it would not be exactly proper for 
 citizens of Kanawha to meet in Richmond. 
 
 A vote was taken and the Convention refused to take up the reso- 
 lution. 
 
 Mr. Barns offered the following resolution of thanks, which was 
 unanimously adopted : 
 
 Resolved, That the thanks of this Convention are due and are hereby 
 tendered to the President of this body for the ahle and impartial manner 
 in which he has discharged the duties of his position. 
 
 Mr. Evans offered the following, which was also adopted : 
 
 Resolved, That this Convention take pleasure in acknowledging the 
 satisfactory manner in which the Clerk and other officers of the Conven- 
 tion have discharged their respective duties. 
 
 Mr. West offered the following which was also adopted: 
 
 Resolved That the thanks of this Convention are due and are hereby 
 tendered to the reverend Clergy who have opened our daily sessions 
 with prayer. 
 
 After some time had elapsed in waiting for the return of the 
 Committee, 
 
the People of Northwestern Virginia in 1861. 301 
 
 Mr. Carlile said he believed they had got about through their 
 labors. 
 
 A member said the Committee had not returned. 
 
 Mr. Carlile — “Well, Sir, we cannot wait here all night on the 
 Committee. I have always found that when we have nothing to 
 do, we are sure to do something we ought not to do. “Idleness is 
 the parent of Vice, ” is a copy I used to write when a boy at school. 
 I therefore move that this Convention do now adjourn.” 
 
 Mr. West— “It would certainly be a very unusual proceeding 
 after having appointed a committee to wait upon the Governor, to 
 adjourn before that committee returned.” 
 
 The President reminded the gentlemen that a motion to ad- 
 journ could not be discussed. 
 
 Mr. Carlile — ‘ ‘ I submitted it for that purpose, Sir. I knew we 
 would have to be discussing something while waiting here, and I 
 thought this about as innocent a motion as we could discuss.” 
 (Laughter.) 
 
 The Committee at this juncture returned. 
 
 Mr. Gather offered the following resolution, which was adopted : 
 
 Resolved, That the thanks of this body are due to the Reporters of the 
 Proceedings of this Convention. 
 
 The Committee reported that the Governor would shortly com- 
 municate to the Convention in person. 
 
 The Governor appeared in a few minutes and addressed the Con- 
 vention in executive session. 
 
 After the Governor had finished his communication, 
 
 Mr. West moved that the Convention now adjourn. 
 
 The motion was put, and the -Convention adjourned without 
 clay. 
 
 The President (Arthur I. Boreman, of Wood) said: 
 
 “Gentlemen of the Convention: I desire in parting with you, to 
 say a few words to you, and but a few. I return you my thanks 
 for the complimentary terms in which you have chosen to speak 
 in the resolution you have adopted. We have been assembled in 
 Convention, at the last session and this, about one month; and dur- 
 ing that time we have had delicate and responsible duties to per- 
 form. It gives me pleasure to say that you have performed those 
 duties fairly, honestly and fearlessly. 
 
 At the earlier session, as is well known, you reorganized the 
 government of Virginia, a step which, in my estimation, is fraught 
 with great and grave interests — a step which I trust and believe 
 
S02 Proceedings and Journals op the Conventions op 
 
 you will never regret. I feel proud in saying that so far as my in- 
 formation has extended, that step meets with the cordial apj>ro- 
 bation of the loyal and patriotic citizens throughout the Common- 
 wealth. They hail it as the best, and, probably, the only hope they 
 have of deliverance from usurpation and despotism. It is for the 
 present, in my estimation, our only salvation. I have assurances 
 from the members of this Convention — I believe from all of them 
 — that they will not desert this government; that they will not 
 abate one jot from their hitherto laudable efforts to assist this gov- 
 ernment in putting in execution its laws under its authority. 
 
 You have passed many ordinances for the purpose of carrying- 
 out the objects of your assembling, amongst them one has lately 
 been adopted by you probably more important than any other. 
 You have taken the initiative in the creation and organization of a 
 new State. This is a step of vital importance. I hope, and I pray 
 God it may be successful; that it may not engender strife in our 
 midst, nor bring upon us difficulties from abroad, but that its most 
 ardent advocates may realize- their fondest hopes of its complete 
 success. So far as I am personally concerned, I am content with 
 the action of this Convention; I bow with submission to what you 
 have done upon this subject. 
 
 Gentlemen, your labors have not been light; they have been ar- 
 duous. You have not shrunk from the discharge of your duty, 
 however. I feel that your constituents ought to be proud of their 
 representatives, as I am sure that you are proud of a noble, gen- 
 erous and confiding constituency. 
 
 Now, gentlemen, permit me to congratulate you upon the har- 
 mony, the kind feeling which has characterized all your delibera- 
 tions during both the sessions of this Convention. If at any time, 
 through a laudable zeal, the members have been led into any man- 
 ifestation of feeling or excitement, it passed with the moment, and 
 only served to increase their ardor, their zeal and their cordiality 
 in co-operating in the measures adopted by you. 
 
 I now hope that each and every one of you may be permitted to 
 go to your homes and that you may find your homes, your firesides, 
 your families, soon restored to their wonted peace and trancpiillity 
 and happiness. 
 
 I now, gentlemen, bid you adieu, and in accordance with the reso- 
 lution which was passed on yesterday, I pronounce this Conven- 
 tion adjourned.” 
 
APPENDIX 1 
 
 SPEECHES OP JOHN S. CARLILE AND CHAPMAN J. STU- 
 ART ON A DIVISION OP THE STATE, DELIVERED IN 
 THE SECOND CONVENTION OP THE PEOPLE OP 
 NORTHWESTERN VIRGINIA, AT WHEELING, VIR- 
 GINIA, AUGUST 8, 1861— THIRD DAY OP THE AD- 
 JOURNED SESSION. 
 
 Mr. Carlile said: 
 
 ‘ ‘ Mr. President : — This Convention will at least accord to me sin- 
 cerity of purpose and honesty of motive in advocating the adoption 
 of these resolutions at this time. The Legislature, to whom I am 
 greatly indebted, have conferred upon me a position worthy the 
 ambition of any man. I am secure in that position at least for four 
 years to come if things continue here as they are. None but the 
 body of which I am a member can deprive me of my place, except 
 action such as I propose. If the Convention shall adopt the resolu- 
 tions, and a separate State shall be formed, the instant it is formed 
 I cease to be a member of the Senate, and the representatives of 
 the new State will select my successor — Therefore there can bo no 
 ambitions personal or pecuniary influences operating on my mind 
 when I seek to obtain the object contemplated by the resolutions; 
 but, Sir, it has been the cherished object of my life; and I would 
 be worse than ungrateful if I could at an hour like this, forget a 
 people who have been engaged ever since my residence among them 
 in showering upon me all the honors within their gift. 
 
 There are considerations weighing upon my mind, Mr. President, 
 which induce me to believe that the time has arrived now when we 
 shall act. If we were at peace ; if our people were not engaged in 
 a struggle to obtain the government of our fathers, the natural bar- 
 riers that separate the people inhabiting the region of country 
 embraced in the resolutions make it, in my opinion, to their inter- 
 est that they should no longer continue a connection which has been 
 
 1. NOTE — In a footnote at tlie bottom of page 190, ante, it is stated that these 
 speeches of Carlile and Stuart are printed here as Appendix B. It should read 
 in Appendix, the letter 3 being omitted.— V. A. L. 
 
304 Proceedings and Journals oe the ■ Conventions op 
 
 nothing hut prejudicial to them ever since it began. The channels 
 of trade, business and commercial relations of the counties named 
 in the resolutions I have offered have been everywhere else than 
 with the rest and residue of the State in which we live. All the 
 feelings that operate upon men — the kindest feelings of my nature 
 — the love I have for home, the scenes of my child- 
 hood, the place of my nativity, have all struggled with 
 my sense of duty in this matter. Sir, if we act as 
 I propose, I shall be separated by line, an imaginary 
 line it is true, hut yet a State line, from the county of 
 my nativity and the home of my birth. But the counties I have 
 designated have no facilities, either of land or water, for any com- 
 mercial or business intercourse with the rest of the State. We must 
 seek an outlet for our products elsewhere. We must look for our 
 markets in Maryland, Ohio, Pennsylvania and Kentucky. We 
 never can — nature has fixed it and made it impossible — we never 
 can have business relations with the rest of the State. 
 The Southwestern part has its railroads, turnpikes, and 
 canals penetrating through its valleys and mountains and 
 leading to the capital of the State. The centre of the 
 
 valley, the county of Frederick, my native county, has 
 its public improvements reaching to Alexandria and Rich- 
 mond, affording to them an outlet. Hence they are not interested 
 as we are, as are the counties mentioned, in commercial relations 
 with other States, and they are not compelled by force of circum- 
 stances which cannot he overcome, as we are, to seek a market for 
 their produce and a channel for their industrial interests in other 
 and neighboring States/ Therefore, as a mere material question 
 in time of peace, it is the interest of the people inhabiting these 
 counties to separate themselves from the rest of the State, and or- 
 ganize a separate State Government of their own. 
 
 But then, Sir, there are other considerations now. We have en- 
 tered upon a war such as heaven and earth never saw before, and 
 such as I trust in God never will he witnessed again. What is to 
 be its end nobody knows ; no man can tell. And what, when peace 
 shall at last come, with a tired and oppressed people, ground down 
 by taxation and oppression, legitimate and natural consequences 
 of war — what consideration would they bestow, the 28,000,000 of 
 people, when coming upon terms and ratifying and concluding a 
 peace rf upon the 308,000 people who inhabit the counties set forth 
 in the resolution? How long would they let that people stand in 
 
the People op Northwestern Virginia in 1861. 305 
 
 the way of a settlement at the termination of this war? It is a 
 question I throw out as a suggestion to be revolved by gentlemen 
 in their minds when they rest upon their pillows. God grant that 
 a separation of these States never may take place! I hope it 
 never may; and as it depends on my action, it never 
 
 shall. — But, Sir, I am but a grain of sand on the sea 
 shore; and you are but a grain of sand, and we are 
 all but grains of sand on the shore of our country’s 
 destiny. It is a duty we owe to the people who have 
 confided all their interests to guard and protect them 
 against every possible contingency; and While I admit with you 
 that it is improbable that this war shall ever be terminated in any 
 other way than by maintaining the integrity of the Union, and the 
 supremacy of its laws, yet you must admit with me that there 
 is a possibility of its terminating in some other mode. I, there- 
 fore, feel it incumbent upon me as one of the representatives of 
 a people who have ably sustained me upon any and all occasions 
 to guard them against a possibility of injury. Looking at that 
 possibility — and it is a possibility — where, in case of a settlement, 
 if we remain inactive, would we go ? Where would we*be ? Then 
 if we act and that possibility does not take place, we are where 
 you and I and our people wish us to be — disconnected from the 
 rest of the State, the connection being an unnatural one, in contra- 
 vention to the laws of nature. Ever, since you and I have known 
 anything of the workings of the connection it has been prejudicial 
 and to our injury, under any circumstances, in any point of view, 
 in which I have asked you to look at this question. My opinions, 
 formed years ago, in a time of profound peace, have been strength- 
 ened by every day’s experience. It will be remembered by the 
 members of this Convention that in our last meeting in June, while 
 I was then behind some of my friends in this movement, and while 
 I was pointed at as having abandoned what I had uttered before, 
 in the former Convention, as the matured convictions of my mind, 
 I pledged gentlemen that if they would wait until their purpose 
 really could be accomplished, that then we had no recognition, no 
 Legislature known to the Federal authorities as such, that then 
 we had no Legislature that could give us the assent provided for 
 and required by the Constitution to be given to a separation — but 
 that the moment we had a Legislature, recognized as such, speaking 
 in the name of the State, whose assent should go to the Congress 
 
306 Proceedings and Journals op the Conventions op 
 
 of tlie United States and be respected as the assent of a consti- 
 tutional Legislature, then I promised you, gentlemen, I would 
 go with you at the earliest possible moment for this division. I 
 am here to redeem that pledge today. 
 
 It is argued, Mr. President, by some, that action of this kind 
 will not be taken in favor by the Federal Government; that it 
 may embarrass it in its present operations. "Will any gentleman 
 tell me how! If it is regarded with disfavor by the Congress of 
 the United States, the war-making power, the power that must 
 supply the means to carry on this war, the power that must be 
 used to assert the supremacy of the laws and maintain the integri- 
 ty of the Union, they will refuse our admission into the Union, 
 deny their, consent ; and there is an end of it, and we are no worse 
 off for having made the effort. 
 
 It is said by some that we ought to aid the government in ex- 
 tending a loyal government over the rest and residue of the State. 
 Does this interfere with us at all? Does this interefere with this 
 Provisional Government we have inaugurated here, the government 
 of the State of Virginia, as fast as the anus of the Union sweep 
 secession before them, and when the Congress of the United States 
 admits us as a new State? Surely not; surely not? On the con- 
 trary it will have a most happy effect on the Federal Government, 
 by showing to them the importance of extending their military 
 operations in other parts of' the Commonwealth, whenever they are 
 in a condition to do it.- But is there a gentleman here that for one 
 moment supposes that if the armies of the United States, have 
 not swept secession out of the State and relieved the loyal citizens 
 of the state by December next, will they ever do it? How long, 
 gentlemen, do you propose to remain as you are? How long is 
 the Government to be employed in relieving from the evils of se- 
 cession, and the destruction that rebellion upon the country, the 
 people of this one State? If it tabes a longer period than the 
 meeting of next Congress in December to sweep rebellion out of 
 our State, how long will it take to sweep it out of all the rebellious 
 States? Sir, when is this war to end? We happen to know 
 that the only hope of East Tennessee as to relieving her people, is 
 in their organizing a separate and independent State government 
 for the loyal portion of that Commonwealth. And we do happen 
 to know that the government does regard with favor the effort 
 that is to be made there as soon as the advancing columns of the 
 
the People op Northwestern Virginia in 1861. 307 
 
 Federal Army shall march into that region of country and enable 
 its loyal citizens to perform the deed. 
 
 But, Sir, it is said that our boundaries are not sufficiently large. 
 I avoided, intentionally avoided, in drawing up those resolutions, 
 including within the limits of this new State a single county which 
 I do not believe, by a large majority of its people, would desire 
 to be a part and parcel of it, except two. There are two counties 
 named above which I have the slightest doubt as to the sentiments 
 of their people, and they are so situated that it is absolutely es- 
 sential that they shall belong to us; and a necessity for their be- 
 longing to us justifies their being included within our limits. Their 
 interests, like ours, are identified •with those of other States and the 
 State of Virginia. The great thoroughfare between this and the 
 Atlantic passes through them, and we never can, we never ought, 
 it would he unjust to them and to us, to allow that territory to be 
 included within the limits of any other State. 
 
 Then it is said we have friends from Fairfax and Alexandria who 
 would like to go with us. One of the resolutions secures you the 
 way. If Alexandria and Loudon desire, let their people speak, 
 and an ordinance of this Convention will provide for their ad- 
 mission. But, Sir, there is a hill now introduced into the Senate 
 of the United States, and for which I intended to vote unless 
 otherwise instructed by the gentlemen who have honored me with 
 a place there, declaring the law ceding Alexandria county to the 
 State of Virginia unconstitutional and a nullity, and providing for 
 its return to the District of Columbia. This is but in compliance 
 with my own views, expressed on the floor of the Senate of Virginia 
 some years ago, when the question of admission of a delegate 
 in the House was determined favorably under the retrocession of 
 Alexandria county. I introduced resolutions into the Senate then 
 which would have excluded him, and denying the constitutionality 
 of the act ; hut it was the first winter of my legislative experience, 
 and I was prevailed upon to let the go-by he given to them. I 
 have no doubt, and have always believed that this District was 
 selected by the Father of his Country with a view to placing the 
 capital beyond the reach of any ordinary military assault; and 
 the possession of Alexandria county is necessary today to put 
 ■Washington in a state of proper military defense. I think the 
 instant the territory was ceded by Maryland and Virginia, all the 
 powers they had they conferred upon Congress, under the Con- 
 
308 Proceedings and Journals op the Conventions op 
 
 stitution to exercise exclusive legislative jurisdiction to legislate 
 for' the people within the prescribed limit. 
 
 Thus it seems to me, that the initiation of proceedings now by 
 this Convention, none of them being of binding effect, — none of 
 them affecting at all our political status,— none of them affecting 
 in the slightest degree, our relation either to the State or Union, 
 until they have been assented to by the Legislature, which does not 
 meet until December, and until our admission into the Union by 
 Congress, which does not convene until December — none of them 
 affecting at all our relations either to the rest of the State or of 
 our own State, as a people, — I cannot for the life of me, see how 
 the voice of the people, which comes up to us in tones not to be 
 misunderstood, dare be disregarded by members of this body ; and 
 why any effort should be made to procrastinate and delay action 
 in the face of the circumstances that surround us, where by possi- 
 bility procrastination may be death. No man is authorized to say 
 what the Government of the United States will do, or will not do. 
 We have nothing to do with any part of that Government save 
 the legislative department of it, when to Congress, and to Con- 
 gress alone, it commixed by the Constitution the right to determine 
 whether we shall be admitted or not. I care not what other depart- 
 ments of the Government, or what officials of the Government, 
 may think of this question. 
 
 But, then, we have been compelled to ask that the forces of the 
 Government be sent on here to protect us, and they might take 
 them away. Sir, how can they desert us, how dare they desert 
 us, when the instant they desert us they desert the Union? Vir- 
 ginia is to be the battle field. This is to be the battle ground. 
 Here is, where the question of supremacy of the laws is to be de- 
 cided. Sweep out Unionism from this portion of Virginia, and se- 
 cession has nothing to do but to march from the southwest corner 
 of the State into East Tennessee, inaugurate rebellion in Kentucky, 
 and the Southern Confederacy is a fixed fact. Then the Admin- 
 istration dare not desert us in this hour; and we are powerless 
 in our present condition to aid the Administration. Where 
 would we have been had it not been for the United States military 
 force that was sent into our midst? So impressed was I and the 
 rest of the members of the Central Committee, that there must be 
 no delay, and the opinion that longer delay would find us in the 
 power of the secessionists, that they, started me on the 23d of May, 
 
the People of Northwestern Virginia in 1861. 309 
 
 to urge these facts upon the attention of the Admini- 
 stration. On the next day after I arrived at Wash- 
 ington, the telegraph bore the order to General McClel- 
 lan to move. They cannot desert us, whatever their 
 opinions may be. They cannot leave us at this hour, so 
 bondsmen of the field sold to those who have engaged in this effort 
 to destroy our republican institutions. There is no jpst or well- 
 founded apprehension of this that any member of this body can 
 reasonably entertain. 
 
 But there is another objection. It is said that the Legislature 
 at its late 'session refused its assent to a separation. According to 
 the Constitution, Sir, I think they had no right, or at least there 
 was no necessity for their giving their assent at this time. The as- 
 sent of Congress to the admission of a State into the Union is never 
 given until after the application has been made. I say never, as a 
 general rule. — When a Territory steks admission into the Union 
 as a new State, it seeks it after it has assembled its Convention, 
 framed a Constitution and elected officers under it. Then it pre- 
 sents its application, accompanied by its Constitution to the 
 Congress of the United States, and then Congress acts on the ap- 
 plication. No previous assent is necessary. Call to mind the 
 action of the Senate of the United States upon the proposition 
 urged with so much ability and zeal by the late lamented Senator 
 from Illinois (Mr. Douglas) in relation to the Kansas question. He 
 desired to introduce a rule that should operate on all future Ter- 
 ritories asking admission into the Union, that the consent should 
 not be had after the organization of the Territory into a State 
 by the adoption of a Constitution and the election of officers, but 
 that Congress should, prior to any action taken by their people, 
 pass what lie was pleased to call an 1 ‘ enabling act. ’ ’ But, Sir, the 
 project fell still-born from the author. It has never been the 
 practice of this Government before then or since, to act on the 
 application of a State for admission, until the people of the pro- 
 posed new State acted themselves, and transmitted to Congress 
 with their application their Constitution. Why? Because one of 
 the requirements of the Constitution is that the State to be ad- 
 mitted into the Union must have a republican form of govern- 
 ment. And haw could Congress give its consent to the admission 
 of a State without having before it the Constitution of the State 
 to enable the members to judge of the form of government pro- 
 
P.IO Proceedings and Journals of the Conventions of 
 
 posed for the new State — to see whether it is such a Constitution 
 and form of government as the Constitution requires and demands 
 it to be? 
 
 Thus the consent of Congress must come afterwards. There is,. 
 Sir, the same propriety that the assent of the Legislature should 
 come after the act of the people. — The Legislature giving its assent 
 to the organization of a government to be thereafter formed ! The 
 Legislature giving its assent to the separation of a people, from the 
 State in which they have heretofore lived, before an official sense 
 of that people has come up to them desiring a separation ! There 
 was an obvious propriety, in my humble opinion in the Legislature 
 refusing at its last session this assent. — AVhile I, if I had been a 
 member of the body, might have voted for it, for the 
 purpose of hurrying this thing on, and while it might 
 have been repealed' at its very next session, after the 
 vote of the people had been taken upon the Consti- 
 tution, and might have been held for naught, yet I say, 
 entertaining the convictions that I do that three-fourths of the 
 people within this boundary desire a new State. I might have been 
 the foremost of those who desired the Legislature to give its assent. 
 But it would not have been worth that (a snap of the finger:) 
 liable to be repealed, taken back, at the very next meeting of the 
 Legislature, and probably upon the formation of a form of govern- 
 ment and of a return of the sense of the people, circumstances 
 eould have shown an obvious propriety in withholding the assent. 
 
 What is the language of the Constitution on this subject? Will 
 my friend from Marion find in this Constitution the language I de- 
 sire to quote? 
 
 Mr. Smith — With pleasure. 
 
 Mr. Carlile — Then, Sir, there is another consideration. In times 
 like these, when all the energies of the people are taxed for the 
 great purpose of aiding the Government in its effort to crush re- 
 bellion we should harass our people as little as possible, with ex- 
 penses to be incured any way. Now, Sir, by the ordinances of this 
 Convention, passed during its session in June, organized this govern- 
 ment, every officer is limited in his term to six months, or until his 
 successor shall be elected and qualified. There will, therefore, have 
 to be within or near the period of time when we propose to call the 
 people from their homes and ascertain their 1 sense on this question, 
 an election of some sort or other. 
 
the People op Northwestern Virginia in 1861. 311 
 
 But here is the clause of the Constitution in reference to the for- 
 mation of new States ; 
 
 “New States may be admitted hy Congress into this Union, but 
 no new State shall be formed or erected within the jurisdiction of 
 any other State, or any such State formed by the junction of two 
 States or parts of States without the consent of the Legislatures of 
 the States, as well as of the Congress.” 
 
 Is there anything in that provision to limit the action of the Con- 
 vention in taking the initiatory steps to organize a separate State 
 government, as to time or the manner in which it is to be done? 
 Surely not. Ascertain the sense of the people in your proposed 
 boundaries, lay before them the form of government you expect to 
 extend over them, and with this before them, let them say whether 
 they desire it or not ; and if they do, their servants in the Legisla- 
 ture can give their consent. 
 
 Sir, you will remember that this Legislature, if recognized at all, 
 is recognized as the Legislature, possessing all the powers that the 
 Legislature of any State can exercise. That thing is fully, clearly 
 decided by the Supreme Court in a case reported in Curtis’ report, 
 familiarly known as the case of Luther vs. Borden. The decision 
 says that the admission of representatives in Congress upon the 
 floor of the Senate binds every other department of the Government, 
 settles the question as to what is and who is the government of the 
 State. This is the language of it. The question is settled. If you 
 are the Legislature, if you do represent the State, and are recognized 
 as such hy the admission of Senators, in Congress, then your legisla- 
 tive capacity can never be questioned again by any department of 
 the Federal Government. 
 
 Now, Mr. President, there is a just expectation in the country on 
 the part of the people we represent here, that this action will be no 
 longer delayed. They are looking for it, waiting for it, expecting 
 and demanding it. And I cannot for the life of me — it may be 
 owing to my obtuseness of intellect that I cannot understand the 
 mystery and pierce the clouds that are around and about me — but 
 I cannot see any teason why you should refuse to those you repre- 
 sent : — your masters, my masters, the legitimate sovereigns, the peo- 
 ple,- — the right, in a form prescribed by you, to declare their wishes 
 and will upon this subject. "Why, Sir, should it be withheld ? What 
 is driving from our borders many of our people within its limit? 
 And what is preventing thousands upon thousands of others from 
 
312 Proceedings and Journals of the Conventions of 
 
 coming amongst us? What is wanted to develop the immense de- 
 posits of mineral wealth that fill our hills and with which our val- 
 leys teem:? A separate and independent existence — a position that 
 nature has designed us to occupy. I said here last Spring that in 
 five years, aye, Sir, I will say now that three years will not roll 
 around until our population will he quadrupled, and there will be 
 more people in the limits of the proposed boundary of the new State 
 than there is in the whole State of Virginia today. Our neighbors 
 in Ohio and Pennsylvania and our friends in many other States of 
 the Union are all looking and anxious for it. I have lately received 
 hundreds of letters making inquiry in regard to a separation. Ev- 
 erywhere loyal hearts are beating to come and share with us the des- 
 tiny we ought to provide for ourselves and which nature has de- 
 signed for us, if we have but the manliness and are equal to lift 
 ourselves to the circumstances that surround us. 
 
 For centuries under the incubus of a false political philosophy, 
 we have remained here, digging, almost in a primitive 
 state, from the bowels of the earth the necessary means 
 of support, while nature has filled us to overflowing 
 with all the elements of wealth, seeking nothing in the 
 world but the hand of industry to develop them and 
 bring them into active use. Borne down by an eastern govern- 
 mental majority, cut off from all connection or sympathy with a 
 people with whom we have no commercial ties, we have endured the 
 disastrous results that ever must flow from an unnatural connec- 
 tion. Cut the knot now! Cut it now! Apply the knife! You are 
 compelled to wait at best for a realization of your hopes some four 
 or five months, and by that time the advancing columns of the na- 
 tion’s army will have moved rebellion far beyond your borders, or 
 they will have been stayed forever in their march.” (Loud ap- 
 plause.) 
 
 Speech of Judge Chapman J. Stuart. 
 
 ‘‘Mr. President: — I do not propose to discuss the merits of this 
 question. I am sorry it is pressed upon the consideration of this 
 body at this time. A bill on this subject will be reported at an 
 early day by the Special Committee on a Division of the State 
 and the question will then come up in due form. And, Sir, I do 
 not want to see the hand of the Committee tied at this time by reso- 
 lutions like these. I desire this Committee to be free to discuss the 
 
the People op Northwestern Virginia in 1861. 313 
 
 measures proposed in these resolutions without having any embar- 
 rassment to contend with, or without having its hands tied by any 
 proposition of this character. 
 
 It strikes me, Sir, that the best way to dispose of these resolutions 
 would be to lay them on the table. Let this Committee report. I 
 presume it will report advisedly when it does, having a member 
 from each county represented on this floor. They are preparing a 
 report; let us have it. 
 
 I would like very much, if I had not determined in the outset that 
 I would not go into the merits of this question, to pay my respects 
 to my friend from Harrison. I have been following him, Sir, for a 
 long time. He has assumed many positions. I wish to indicate 
 to the Convention that I will make a motion to lay on the table be- 
 fore I leave the floor. I am not prepared at this time to discuss the 
 merits of this question. I did not anticipate it would be forced upon 
 this body at this time. I supposed no one member would seek to 
 tie the hands of this Committee by instruction, when the indication 
 has been thrown out that a bill for dividing the State is about to 
 be reported. 
 
 But I have been following the gentleman for a long time. I have 
 been a member with him in several Conventions and have supported 
 him often, but I must be permitted to say here that if the gentleman 
 in former Conventions had intimated the same things he has in this, 
 he would have found one minus, at least, at a certain time. I have 
 heard him often before, but never did I hear him hold out a single 
 doubt as to the ability of this Government to sustain itself and put 
 down this rebellion. — This is the first intimation of this kind. And 
 now at a time when we should all be united, for our old stand-by 
 and champion to come forward and intimate a doubt on this ques- 
 tion — 
 
 Mr. Carlile — “Mr. President, if the gentleman from Doddridge 
 had attended to what I said with the same interest I listened to what 
 he said, he would not have represented me as he has done. I said to- 
 day what I have always said heretofore, that I believe this Govern 
 ment would maintain the integrity of the Union; that I believe it 
 would put down this rebellion; but I said, what he and all must 
 know, if I had never said it, that there are things that take place 
 sometimes that have not been anticipated in minds as feeble as mine ; 
 and I said there was a possibility — that the thing is possible — that 
 the Government may not do what we believe they will, I give it as 
 
314 ‘Proceedings and Journals op the Conventions op 
 
 my belief, and it is worth no more than the belief of any one else, 
 that they will put down rebellion ; but it is possible I may be mis- 
 taken. That was all I said; in other words, I granted it was pos- 
 sible that I might be mistaken.” 
 
 Mr. Stuart. — “I fully understood the gentleman, Mr. President, 
 and it is the first time that I ever heard him assert the possibility 
 of anything of the kind. He has been the most uncompromising for 
 putting down this rebellion, and never yet had a possible doubt on 
 the question. — Read his speeches, and you will never see a doubt 
 expressed in the mind of the gentleman. Certain members of the 
 Convention now present, know that the position occupied 
 by the gentleman now, is one formerly presented before 
 a certain body by myself — That there was always doubt 
 — that there might be a possibility, you know; but that 
 
 doubt was expressed by me before any reverse in our 
 
 arms had taken place, or was even anticipated. But at this stage of 
 things, no man will ever find me expressing a doubt. It is not a 
 
 time to do so. It is a time to lift ourselves above all personal feel- 
 
 ings and motives, and look only at the great issue involved before 
 our country. We should not be looking solely at Western Virginia’s 
 interests. Our object should be to support the General Government 
 in putting down this rebellion, and never for one moment hold out 
 a doubt that the Government is to succeed.— I suppose the doubt 
 in the mind of the gentleman, is the reason why he is pressing this 
 matter prematurely, wanting to tie even the hands of the Committee 
 to prevent it from reporting a bill. A doubt ! Sir, let us have no 
 doubts, there are no doubts about it. 
 
 Why, Sir, the gentleman’s resolutions propose to tie the hands of 
 the Committee, and instruct not only this Committee, but the Com- 
 mittee on Business, to report a Constitution and form of govern- 
 ment for this new State, saying at the same time, that the State 
 Legislature that was convened by act of this body, 
 repudiated action on this subject at this time. He says 
 this question should rise from the people. Well who are 
 the people? Was not the State Legislature the people? 
 Is not this Convention the people, or is it our constitu- 
 ents, the gentleman appeals and refers to? If it is our constitu- 
 ents, gentlemen, I want you to point me to a solitary act that ever 
 authorized us to come here for the purpose of dividing the State and 
 forming a Constitution. If they have done so, then, Sir, I will be 
 
the People op Northwestern Virginia in 1861. 315 
 
 with the people. If not, then I am for referring this question to 
 the people and let them speak ; and if they speak for a division, then 
 Sir, I am willing for it. But I was not sent here for the purpose of 
 dividing the State of Virginia, or making a constitution. The thing 
 never was mooted before my people, but just the reverse. I came 
 here to aid the General Government in putting down the rebellion 
 and if it was not for that, I do not know what I came here for at 
 all. 
 
 I do not propose to go into the merits of the question raised by 
 
 the gentleman from Harrison. I merely wish to indicate to you, 
 
 why I think hasty or premature action at this time would embarrass 
 
 the General Government in putting down this rebellion, and place 
 
 us in a worse attitude even than we are in at present. I simply rose 
 
 for the purpose of moving to lay these resolutions upon the table. 
 
 Let the Committee that have this matter under consideration make 
 
 * 
 
 their report, and do not tie their hands. I move to lay the resolu- 
 tions upon the table.” . 
 

 
 
 
 
ADDENDA 
 
 EVENTS OCCURRING IN THE HISTORY OF 
 WEST VIRGINIA. 
 
 FROM THE ADJOURNMENT OF TTIE SECOND CONVEN- 
 TION OF THE PEOPLE OF NORTHWESTERN VIRGINIA, 
 AUGUST 21, 1861, TO THE ADMISSION OF THE STATE 
 INTO THE UNION, JUNE 20, 1863. 
 
 1861 In the “Ordinance to provide for the Formation of a 
 August 20 new State out of a Portion of this State,” adopted by 
 the Second Convention of the People of Northwestern 
 Virginia, at its adjourned session; it was provided that 
 an election should be held on the fourth Thursday, (the 
 24th) of the ensuing October, to vote upon the question 
 of the proposed new State. Poll-books were to be pre- 
 pared under the direction of the Governor with two 
 separate columns, one to be headed “For the New 
 State,” the other, “Against the New State.” The com- 
 missioners were to be the same as those who conducted 
 the election in the preceding May, and in addition to 
 taking the vote on the question of the proposed new 
 State they were to cause polls to be opened for the election 
 of Delegates to a Convention to frame a Constitution for 
 the government of the new State, in case a majority of 
 the votes cast should be in favor of its formation. The 
 commissioners were to certify the result of the election 
 to the Secretary of State; and the Governor was to 
 make proclamation thereof, fixing therein Wheeling as 
 the place, and November 26, 1861, as the date of the 
 commencing of the Constitutional Convention. 1 
 Oct. 24 In compliance with the requirement of Section Four of 
 the “Ordinance to provide for the formation of the new 
 State out of a portion of the territory of this State,” 
 
 1. See Ordinances ol the Convention, pp. 17, IS, 19. 
 
318 
 
 How West Virginia Was Made. 
 
 adopted August 20, 1861, the election was held in all 
 the counties named in the First Section of said Ordi- 
 nance. The total number of votes cast was 18,889, of 
 which 18,408 were in favor of the new State and 481 
 against it. 1 
 
 Nov. 6 The returns of the election held October 24th, having 
 been properly certified to Governor Pierpont, he issued 
 his Proclamation calling the members elected, October 
 24tli, to the Constitutional Convention to assemble on 
 the 26th of November ensuing, in the United States 
 Court Boom, in the Custom Plouse in Wheeling, for the 
 purpose of organizing themselves into a Convention to 
 form a Constitution to be submitted to the voters for 
 ratification or rejection, within the bounds of the pro- 
 posed new State. 2 
 
 Nov. 15 Governor Pierpont issued a Thanksgiving Proclamation 
 recommending the observance of Thursday, November 
 28th, as a day of thanksgiving to Almighty God for the 
 blessings of the year. In this he said : 
 
 “In the midst of war and its afflictions, we are more 
 forcibly reminded of our dependence upon Divine Provi- 
 dence; and while in all we suffer we should own His chas- 
 tening hand, we should he ready to acknowledge that it is 
 of His mercy that we are not destroyed, and that so many 
 of the blessings of life are preserved to us.” 
 
 This was the first Thanksgiving Proclamation issued 
 under the Restored Government of Virginia. 3 
 
 Nov. 26 The Convention to frame a Constitution for the new 
 State of KANAWHA assembled in the United States 
 Court Room, and was called to order by Chapman J. 
 Stuart, a Delegate from Doddridge county. Forty dele- 
 gates had been chosen in forty counties, and thirty-four 
 of them were present. Before the Convention finally 
 completed its work the names of sixty-one members ap- 
 peared on its rolls. Hon. John Hall, of Mason county, 
 was elected President ; Ellery R. Hall, of Taylor county, 
 Secretary; and James C. Orr, of Ohio county, Sergeant- 
 at-Arms. The organization was completed the first day 
 and the Convention proceeded to the work before it. 4 
 
 1. See Hagans’ “Erection and Formation of the State of WeJt 
 Virginia,” p. 70. 
 
 2. See Daily Intelligencer of Wheeling, November 6, 1861. 
 
 3. See Daily Intelligencer, November 16, 1861. 
 
 4. See the Journal of the Convention, pp. 3, 4, 5. 
 
Iiow West Virginia Was Made. 
 
 319 
 
 LIST OP MEMBERS OP THE PIRST WEST VIRGINIA CONSTITUTIONAL CON- 
 VENTION WHICH ASSEMBLED AT WHEELING, VIRGINIA, NOVEMBER 
 26, 1861, AND ADJOURNED FEBRUARY 18, 1S62 ; TOGETHER W-ITH THEIR 
 AGE, PLACE OP NATIVITY, OCCUPATION, COUNTY REPRESENTED, AND 
 POST OFFICE ADDRESS : 
 
 (REASSEMBLED FEBRUARY 12, 1863 I AND ADJOURNED Sine die, FEBRUARY 20, 1863.) 
 
 Name. 
 
 Age. Nativity. 
 
 Occupation. 
 
 County. 
 
 Postoffice. 
 
 1 Gordon Battelle 
 
 2 John L. Boggs 
 
 3 James H. Brown 
 
 4 John J . Brown 
 
 5 Richard L. Brooks 
 
 6 Wm. W. Brumfield.... 
 
 7 Elbert H. Caldwell .... 
 
 8 Thos. R. Carskadon... 
 
 9 James S. Cassady 
 
 10 Henry D. Chapman.... 
 
 11 Richard M. Cook 
 
 12 Henry Dering 
 
 13 John A. Dille 
 
 14 Abij ah Dolly 
 
 15 Daniel W. Gibson 
 
 16 Samuel T. Griffith 
 
 17 Robert Hagar 
 
 IS Ephraim B. Hall 
 
 19 John Hall 
 
 20 Stephen M. Hansley... 
 
 21 Thomas W. Harrison. 
 
 22 Hiram Haymond 
 
 23 James Hervey 
 
 24 J. P. Hoback 
 
 25 Joseph Hubbs 
 
 26 Robert Irvine 
 
 27 Daniel Lamb 
 
 28 R. W. Lauck 
 
 29 E. S. Mahon 
 
 30 Andrew Mann 
 
 31 John R . McCutchcn 
 
 32 Dudley S. Montague... 
 
 33 Emmett J. O’ Brien.... 
 
 34 Granville Parker 
 
 35 James W. Parsons 
 
 36 James W. Paxton 
 
 37 David S. Pinnell 
 
 38 Joseph S . Pomeroy 
 
 39 John M. Powell 
 
 40 Job Robinson 
 
 41 A. F. Ross 
 
 42 Lewis Buffner 
 
 43 Edward W. Ryan 
 
 44 Geo. W. Sheetz 
 
 45 Josiah Simmons 
 
 46 Harmon Sinsel 
 
 47 Benjamin H. Smith.... 
 
 48 Abram D. Soper 
 
 49 Benj. L. Stephenson... 
 
 50 Wm. E. Stevenson 
 
 51 Benjamin F. Stewart . 
 
 52 Chapman J. Stuart .... 
 
 53 Gustavus F. Taylor.... 
 
 54 Moses Titchenel 
 
 55 Thomas H. Trainer. .. 
 
 56 Peter G. Van Winkle . 
 
 57 William Walker 
 
 58 William W. Warder 
 
 59 Joseph S. Wheat 
 
 60 Waitman T. Willey.... 
 
 61 Andrew J. Wilson 
 
 47 Ohio 
 
 Virginia .. 
 
 42 Virginia ... 
 35 Virginia ... 
 52 Virginia .. 
 33 Virginia ... 
 52 Virginia ... 
 24 Virginia ... 
 40 Virginia ... 
 
 63 Mass 
 
 40 Virginia ... 
 50 Virginia ... 
 
 40 Penn 
 
 44 Virginia ... 
 
 Minister 
 
 51 Virginia .. 
 
 39 Virginia .. 
 56 Ireland .... 
 42 Virginia .. 
 37 Virginia .. 
 55 Virginia .. 
 
 41 Ohio 
 
 25 Virginia .. 
 
 54 Penn 
 
 47 Virginia .. 
 
 51 Penn 
 
 49 Virginia .. 
 45 Maryland. 
 28 Virginia ... 
 
 Virginia ... 
 
 61 Virginia ... 
 
 42 Virginia ... 
 
 51 Mass 
 
 49 Virginia ... 
 
 40 Virginia ... 
 
 Lawyer 
 
 Lawyer 
 
 Minister 
 
 Farmer 
 
 Lawyer 
 
 Farmer 
 
 Farmer 
 
 Physician 
 
 Farmer 
 
 Merchant 
 
 Lawyer 
 
 Farmer 
 
 Physician 
 
 Physician 
 
 Minister 
 
 Lawyer 
 
 Farmer 
 
 Farmer 
 
 Lawyer 
 
 Farmer 
 
 Lawyer 
 
 Teacher 
 
 Farmer 
 
 Lawyer 
 
 Lawyer 
 
 Lawyer 
 
 Farmer 
 
 Farmer 
 
 Farmer 
 
 Hotel keeper.. 
 
 Mechanic 
 
 Lawyer 
 
 Farmer 
 
 Merchant 
 
 40 Penn 
 
 36 Virginia ... 
 Virginia ... 
 
 64 Virginia ... 
 
 Virginia ... 
 
 38 Virginia ... 
 47 Virginia ... 
 44 Virginia ... 
 62 Virginia ... 
 66 New York 
 35 Virginia ... 
 
 40 Penn 
 
 52 New York 
 
 41 Virginia ... 
 26 Virginia ... 
 54 Virginia ... 
 
 42 Virginia ... 
 
 53 New York 
 34 Virginia ... 
 40 Virginia ... 
 
 Virginia ... 
 
 50 Virginia ... 
 60 Virginia ... 
 
 Minister 
 
 Minister 
 
 Farmer 
 
 Teacher 
 
 Salt Manf’r.. 
 
 Minister 
 
 Carpenter 
 
 Farmer 
 
 Carpenter 
 
 Lawyer 
 
 Lawyer 
 
 Farmer 
 
 Farmer 
 
 Merchant 
 
 Lawyer 
 
 Lawyer 
 
 Minister 
 
 Minister 
 
 Lawyer 
 
 Lawyer 
 
 Farmer 
 
 Lawyer.. 
 Farmer . 
 
 Ohio 
 
 Pendleton .. 
 Kanawha .. 
 
 Preston 
 
 Upshur 
 
 Wayne 
 
 Marshall 
 
 Hampshire . 
 
 Fayette 
 
 Roane 
 
 Mercer 
 
 Monongalia. 
 
 Preston 
 
 Hardy 
 
 Pocahontas . 
 
 Mason 
 
 Boone 
 
 Marion 
 
 Mason 
 
 Raleigh 
 
 Harrison 
 
 Marion 
 
 Brooke 
 
 McDowell... 
 Pleasants .... 
 
 Lewis 
 
 Ohio 
 
 Wetzel 
 
 Jackson 
 
 Greenbrier.. 
 
 Nicholas 
 
 Putnam 
 
 Barbour 
 
 Cabell 
 
 Tucker 
 
 Ohio 
 
 Upshur 
 
 Hancock 
 
 Harrison .... 
 
 Calhoun 
 
 Ohio 
 
 Kanawha .... 
 
 Fayette 
 
 Hampshire . 
 Randolph.... 
 
 Taylor 
 
 Logan 
 
 Tyler 
 
 Clay 
 
 Wood 
 
 Wirt 
 
 Doddridge ... 
 
 Braxton 
 
 M arion 
 
 Marshall 
 
 Wood... 
 
 Wyoming 
 
 Gilmer 
 
 Morgan .. .... 
 Monongalia.. 
 Ritchie 
 
 Wheeling 
 
 Franklin 
 
 Charleston 
 
 King wood 
 
 Rock Cave 
 
 Cere do 
 
 Moundsville 
 
 New Creek Sta 
 
 Fayetteville 
 
 Spencer 
 
 Princeton 
 
 Morgantown 
 
 King wood 
 
 Greenland 
 
 Green bank 
 
 W. Columbia 
 
 Boone C. H. . 
 
 Fairmont 
 
 Point Pleasant 
 
 Marshall 
 
 Clarksburg 
 
 Palatine 
 
 Wellsburg 
 
 Peeryville 
 
 St. Marys 
 
 Weston 
 
 Wheeling 
 
 Martinsville 
 
 Ravenswood 
 
 Falling Springs 
 
 Summersville 
 
 Red House. Sh’ls... 
 
 Burnersville 
 
 Guyandotte 
 
 St. George 
 
 Wheeling 
 
 Fairview 
 
 West Milford . 
 
 West Liberty.. 
 Kan. Salines... 
 Fayetteville ... 
 
 Piedmont 
 
 Leeds vi He 
 
 Pruntytown ... 
 
 Charleston. 
 
 Sistersville 
 
 Clay C. II 
 
 Parkersburg... 
 
 Newark 
 
 West Union 
 
 Braxton C. H. 
 
 Fairmont 
 
 Cameron 
 
 Parkersburg... 
 
 Oceana 
 
 Troy 
 
 Berkeley Spr’s 
 Morgantown... 
 Pennsboro 
 
 JOHN HALL, Point Pleasant, Mason County 
 ELLERY R. HALL. Pruntytown, Taylor County. 
 JAMES C. ORR, Wheeling. Ohio County 
 
 President 
 
 Secretary 
 
 . Sergeant-at-Arms 
 
320 
 
 How West Virginia Was Made. 
 
 Dec. 2 The first General Assembly under the Restored Govern- 
 ment of Virginia commenced its first regular session, in 
 the Linsly Institute in Wheeling. The organization 
 made at the extra session in the preceding July was con- 
 tinued. Daniel Polsley, Lieutenant-Governor, and exc 
 officio President of the Senate, presided over that body ; 
 William Lewis was clerk; Jesse S. Wheat, Sergeant-at- 
 Ar rns ; D. V. Thorp, Doorkeeper; and Alexander Camp- 
 bell, Page. In the House of Delegates, Daniel Frost, of 
 Jackson county, was Speaker; Gibson Lamb Cranmer, 
 Clerk; Evans D. Fogle, Sergeant-at-Arms ; James 0. 
 Hawley, First Doorkeeper; and James Musgrave, Sec- 
 ond Doorkeeper. The session closed February 13, 1862, 5 
 
 1862 
 
 Feb. 18 The Constitutional Convention adjourned having fram- 
 ed a Constitution for the proposed new State of West 
 Virginia, the name having been changed from that of 
 ‘ ‘ Kanawha, ’ ’ by the Convention on the 3d of the preced- 
 ing December. A Schedule attached to this Con- 
 stitution, designated John Hall, of Mason county; 
 James W. Paxton, of Ohio county; Peter G. Van 
 Winkle, of Wood county; Elbert II. Caldwell, of Mar- 
 shall county; and Ephraim B. Hall, of Marion county, 
 Commissioners, whose duty it was to causo the Consti- 
 tution and Schedule to be published in such newspapers 
 printed within the proposed State as they deemed 
 proper. 
 
 Poll-books were to be prepared by them for use at the 
 precincts in the forty-four counties proposed to be included 
 therein. These were to have two separate columns; one to 
 be headed “For the Constitution,’’ and the other, “Against 
 the Constitution.” — The same persons to superintend this 
 election as conducted that of the preceding October. Elec- 
 tion was to be held on the first Thursday (the 3d.) in April, 
 ensuing. All Qualified voters under the proposed COnsti- 
 tution were entitled to vote upon the question of its adoption 
 or rejection; and the Commissioners were required to pro- 
 vide for taking the vote at the time of said election, of such 
 voters as were in the Army of the United States either in 
 or beyond the boundaries of the proposed State. Poll- 
 books weje to be returned to the clerks of the several coun- 
 ties, and the Commissioners were required to ascertain the 
 result and certify the same to the Governor. If the election 
 insured the adoption of the Constitution by the voters of the 
 forty-four counties first mentioned in the second section of 
 the first article of the Schedule, they, the Commissioners, 
 
 5. See Journals of the Senate and Plouse of Delegates, pp. 34, 35, 36. 
 
How West Yieginia Was Made. 
 
 321 
 
 were to request the said Governor to convene the General 
 Assembly in extra session and request it to give, by act, its 
 consent, according to the Constitution of the United States, 
 to the formation and erection of the State of West Virginia 
 and forward to the Congress of the United States, such con- 
 sent together with an official copy of the Constitution, with 
 the request that the State of West Virginia may at once be 
 admitted into the Union. Section Eleven of the Schedule, 
 provided that the Commissioners “have power if deemed 
 necessary, to. reconvene the members of the Constitutional 
 Convention on such day as they may prescribe” — See Sched- 
 ule attached to Constitution, pp. 28, 29, 30. Appendix to 
 Journal of the Convention. 
 
 April 3 This was the date fixed for the vote on the question of 
 the adoption of the Constitution for the new State of 
 West Virginia. The full vote cast by counties is not 
 available but the following exhibits the unanimity of sen- 
 .timent existing at the time: 
 
 NAMES OF 
 COUNTIES. 
 
 For 
 
 Adoption . 
 
 For 
 
 Rejection 
 
 
 459 
 
 7 
 
 Boone 
 
 71 
 
 1 
 
 Brooke 
 
 292 
 
 45 
 
 
 8S 
 
 
 Doddridge" 
 
 510 
 
 15 
 
 Gilmer 
 
 168 
 
 16 
 
 Hancock 
 
 225 
 
 73 
 
 Jackson 
 
 459 
 
 2 
 
 Kanawha 
 
 909 
 
 4 
 
 Lewis 
 
 443 
 
 12 
 
 Marshall 
 
 1,053 
 
 34 
 
 Mason 
 
 639 
 
 23 
 
 Monongalia 
 
 1,148 
 
 17 
 
 NAMES OF 
 COUNTIES. 
 
 For 
 
 Adoption 
 
 For 
 
 Rejection 
 
 Nicholas 
 
 184 
 
 
 Ohio 
 
 954 
 
 23 
 
 Pleasants 
 
 322 
 
 2 
 
 Preston 
 
 1 .4011 
 
 11 
 
 
 177 
 
 
 Ritchie 
 
 601 
 
 6 
 
 
 232 
 
 
 Tucker 
 
 513 
 
 15 
 
 Tyler 
 
 t)9li 
 
 10 
 
 Upshur 
 
 489 
 
 9 
 
 Wetzel 
 
 491 
 
 14 
 
 Wirt 
 
 314 
 
 3 
 
 Wood 
 
 1,296 
 
 26 
 
 Other counties together with these brought the total 
 vote up to 19,376, of which 18,862, were for adoption 
 and 514 for rejection. At this time there were from 
 twelve to fifteen thousand men from the new State in 
 the Federal Army and from three to five thousand in 
 the Confederate Army. 6 
 
 April 18 The Commissioners named in the Schedule having cer- 
 tified the result of the election to Governor Pierpont, he 
 this day in compliance with the requirement of said 
 Schedule, issued a Proclamation convening the General 
 Assembly at the city of Wheeling at eleven o’clock A. 
 M., on the 6th of May ensuing, that he might lay before 
 it a certified original of the Constitution, and ask for 
 
 6. See Hagans’ “Erection and Formation of West Virginia,” p. 73. 
 Also the Daily Intelligencer of Wheeling for the month of April, 1862. 
 
322 
 
 How West Virginia Was Made. 
 
 its consent, according to the Constitution of the United 
 States, to the formation and erection, as proposed, of 
 the State of West Virginia. 7 
 
 April 30 As is well known, the Second Convention of the People 
 of Northwestern Virginia, at its first session, June 20, 
 1861, elected Francis H. Pierpont, chief executive of 
 Virginia as the head of the Restored Govern- 
 ment, as the successor of Governor John Letcher of Vir- 
 ginia. The fourth Tuesday in May 1862, was the date 
 of the General State election under the laws of the 
 Commonwealth ' which were being observed and 
 executed by the Restored Government. Now a suc- 
 cessor to Governor Pierpont was to be elected. As early as 
 the 7th of April, this year, a convention in Marion County 
 endorsed Governor Pierpont for re-election. On the 
 same day a convention in Mason county endorsed the 
 re-election of Governor Pierpont; of Daniel Polsley, the 
 Lieutenant-Governor ; and of James S. Wheat, the Attor- 
 ney-General. Similar action was taken in other coun- 
 ties and on April 30th a Delegate Convention represent- 
 ing a number of these, assembled at Clarksburg and 
 unanimously renominated Pierpont, Polsley and Wheat 
 for the respective offices held by them. 8 
 
 May 6 The General Assembly convened in its second extra 
 session, at Wheeling, in pursuance of Governor Pier- 
 pont ’s Proclamation of the 18th of April. Daniel Pols- 
 lev, Lieutenant-Governor, presided in the Senate and 
 Daniel Frost in the House of Delegates. The message 
 of the Governor was received. It was a remarkable State 
 Paper. In it he said : 
 
 “I have convened you in extra session, the principal object 
 of which is, to take final action in the proposed division of 
 the State of Virginia as far as the Legislature is concerned.” 
 He reviewed the history of the Convention which framed the 
 Constitution, and added: “The Constitution of the United 
 States provides that no new State shall be formed or erected 
 within the jurisdiction of any other State, without tire con- 
 sent of the Legislature of the State concerned, as well as of 
 the Congress. Therefore to complete the work which has 
 been commenced, of the division of the State, it requires the 
 consent of the Legislature of Virginia and the assent of Con- 
 gress. Of course your honorable body will take such action 
 in the premises as shall seem meet to you. 
 
 7. See Wheeling Daily Intelligencer, April 19, 1862. 
 
 8. See Daily Intelligencer for April 9, 15, 24, 26, and May 3, 5. 
 
How West Virginia Was Made. 
 
 323 
 
 Perhaps, I have performed my duty in submitting the mat- 
 ter to you without saying more. But I am not willing to 
 leave the question here. It is urged by some that the move- 
 ment is revolutionary. Those who urge this objection, do 
 not understand the history, and geography and social re- 
 lations of our State. Geographically, the East is separated 
 from the West by mountains which form an almost im- 
 passable barrier, as far as trade is concerned. The barrier is 
 so great that no artificial means of intercourse has ever been 
 made beyond a mud turnpike road. All the trade and com- 
 merce of the West is with other States, and not with Eastern 
 Virgina. The two sections are entirely dissimilar in their 
 social relation and institutions. While the East is largely 
 interested in slaves, the West has none and all the labor is 
 performed by free men. The mode and subjects of taxation 
 in the State have been a source of irritation and indeed of 
 strife and vexation, between the two sections for many years 
 past, as well as that of representation in the Legislature. The 
 subject of the division of the State has been agitated at one 
 time and another ever since I can remember. ”9 
 May 13 The General Assembly passed “An Act giving the as- 
 sent of the Legislature of Virginia to the Formation and 
 Erection of a new State within the jurisdiction of this 
 State.” Section 1, reads as follows: 
 
 “Be :t enacted 6 y the General Assembly, That the consent 
 of the Legislature of Virginia be, and the same is hereby 
 given to the formation and erection of the State of West Vir- 
 • ginia. within the jurisdiction of this State, to include the 
 counties of Hancock, Brooke, Ohio, Marshall, Wetzel, Marion, 
 Monongalia, Preston, Taylor, Tyler, Pleasants, Ritchie, Dodd- 
 ridge, Harrison, Wood, Jackson, Wirt, Roane, Calhoun, Gil- 
 mer, Barbour, Tucker, Lewis, Braxton, Upshur, Randolph, 
 Mason, Putnam, Kanawha, Clay, Nicholas, Cabell, Wayne, 
 Boone, Logan, Wyoming, Mercer, McDowell, Webster, Poca- 
 hontas, Fayette, Raleigh, Greenbrier, Monroe, Pendleton, 
 Hardy, Hampshire, and Morgan, according to the boundaries 
 and under the povisions set foth in the Constitution for the 
 said State of West Virgiua and the Schedule thereto annex- 
 ed, proposed by the Convention which assembled at Wheel- 
 ing, on the twenty-sixth day of November, eighteen hundred 
 and sixty-one.” 
 
 It was further provided that the counties of Berke- 
 ley, Jefferson and Frederick, might form a part of the 
 State df West Virginia whenever the voters thereof 
 should ratify the Constitution. Also, that copies of this 
 Act, with a certified original of the Constitution and 
 Schedule should be transmitted to the Senators and Rep- 
 resentatives in Congress from the Restored Government 
 of Virginia, with the request that they use their endeav- 
 ors to obtain the consent of Congress to the admission of 
 the State of West Virginia into the union. 10 
 
 d. See the Daily Intelligencer May 7, 1862. Also Journal of the 
 House of Delegates, Extra Session, 1862. 
 
 10. See Acts of the General Assembly under the Restored Govern- 
 ment, p. 3. 
 
324 
 
 How West Virginia Was Made. 
 
 May 14 Governor Pierpont, acting in pursuance of an ordinance 
 adopted June 19, 1861, and of an Act of the General 
 Assembly passed July 26, 1861, issued a Proclamation, 
 requiring all officials, before entering upon their duties, 
 to take the oath or affirmation prescribed in said Ordi- 
 nance and Act; this being as follows: 
 
 ‘ I solemnly swear (or affirm) that I will support the Con- 
 stitution of the United States, and the laws made in pursu- 
 ance thereof, as the supreme law of the land, anything in the 
 Constitution and laws of the State of Virginia, or in the or- 
 dinaces of the convention which assembled at Richmond on 
 the 13 th of February 1861, to the contrary notwithstanding; 
 and that I will uphold and defend the government of Vir- 
 ginia as vindicated and restored by the Convention which 
 assembled at Wheeling on the 11th day of June, 1861. ”11 
 May 22 All eyes were now turned towards Washington City, 
 where were centered the fondest hopes of the friends of 
 the new State. It was the Second Session of the Thir- 
 ty-seventh Congress, and the Virginia members, under 
 the Restored Government, were Waitman T. Willey 
 and John S. Carlile, in the Senate; and Kellian V. 
 Whaley, William G. Brown and Jacob B. Blair, mem- 
 bers of the House of Representatives. The* Commis- 
 sioners named in the Schedule of the Constitution, viz : 
 John Hall, James W. Paxton, Peter G. Van Winkle, 
 Elbert II. Caldwell and Ephraim B. Hall proceeded to 
 Washington. They were accompanied by other prom- 
 inent new State men; among whom were Harrison Ha- 
 gans of Preston county, Granville Parker of Cabell 
 county and Daniel Polsley of Mason county. On their 
 arrival at the National Capital, all were introduced by 
 Hon. Ralph Leete, of Lawrence county, Ohio, to the Sen- 
 ators and Representatives of that State. 13 
 May 28 Waitman T. Willey gave notice to the Senate that, with 
 the permission of that body he would, on the next day, 
 present documents relating to the admission of the new 
 State of West Virginia into the Union. 13 
 May 29 Hon. Waitman T. Willey, in the Senate, presented a 
 certified original of the Constitution, together with a 
 copy of the Act of the General Assembly of Virginia, 
 under the Restored Government, giving its permission 
 
 11. See Daily Intelligencer, May 15, 1862. 
 
 12. See statement in Lewis’ “History of West Virginia,” based on 
 correspondence with Hon. John Hall, p. 382. 
 
 13. See Congressional Globe, Part III, 2d Sess. 37th Cong., p. 2394. 
 
How West Virginia Was Made. 
 
 325 
 
 to the formation of a new State within the Common- 
 wealth of Virginia, and the Memorial of that body re- 
 questing the Congress to admit the said State of West 
 Virginia into the Union. 14 
 
 June 3 William G. Brown presented in the House of Represen- 
 tatives duplicates of the same documents that Mr. Wil- 
 ley had presented in the Senate on May 29th. His 
 object was to hasten action by having the subject con- 
 sidered in both branches of Congress at the same time. 15 
 
 June 23 At the time that Senator Willey ^submitted the Consti- 
 tution of the new State with the Act of the General As- 
 sembly of Virginia, giving its permission for the forma- 
 tion of AVest Virginia, these documents were referred to 
 the Committee on Territories, of which Benjamin F. 
 Wade, of Ohio, was Chairman. He, on this date, re- 
 ported “Senate Bill No. 365, providing for the admission 
 of AVest Virginia into the Union and for other pur- 
 poses.” This was as follows: 
 
 CHAP. VI.— -AN ACT FOR THE ADMISSION OF THE 
 STATE OF “WEST VIRGINIA” INTO THE 
 ONION, AND FOR OTHER PURPOSES. 
 
 Whereas, the people Inhabiting that portion of Virginia, 
 known as West Virginia did, by Convention in the city of 
 Wheelng on tile 26th of November, 1861, frame for them- 
 selves a Constitution with a view of becoming a separate 
 and independent State; and 
 
 AVhebeas, at a general election held in the coun- 
 ties composing the territory aforesaid on the third 
 day of May last, the said Constitution was approved 
 and adopted by the qualified voters of the proposed State; 
 and 
 
 Whereas, the Legislature of Virginia by an act passed 
 on the thirteenth day of May, eighteen hundred and sixty- 
 two, did give its consent to the formation of a new State 
 within the jurisdiction of the State of Virginia, to be known 
 by the name of West Virginia, and to embrace the following 
 named counties, to-wit: Hancock, Brooke, Ohio, Marshall, 
 Wetzel, Marion, Monongalia, Preston, Taylor, Tyler, Pleas- 
 ants, Ritchie, Doddridge, Harrison, Wood, Jackson, Wirt, 
 Roane, Calhoun. Gilmer, Barbour, Tucker, Lewis, Braxton, 
 Upshur, Randolph, Mason, Putnam, Kanawha, Clay, Nicholas, 
 Cabell, Wayne, Boone. Logan, Wyoming, Mercer, McDowell, 
 Webster, Pocahontas, Fayette, Raleigh, Greenbrier, Monroe, 
 Pendleton, Hardy, Hampshire, and Morgan; and 
 
 Whereas, both the Convention and the Legislature afore- 
 said have requested that the new State should be admitted 
 into the Union, and the Constitution aforesaid being republi- 
 can in form. Congress does hereby consent that the said forty- 
 eight counties may be formed into a separate and inde- 
 pendent State. Therefore — 
 
 14. Bee Cong. Globe, Part III, 2nd Sess. 37th Cong., p. 2415. 
 
 15. See Cong. Globe, Part III, 2nd Sess. 37, tb Cong., p. 252S. 
 
326 
 
 How West Virginia Was Made. 
 
 Sec. 1. Be it enacted by the Senate and House of Represen- 
 tatives of the United States of America in Congress assem- 
 bled, That the State of West Virginia be, and is hereby, de- 
 clared to be one of the United States of America, and admit- 
 ted into the Union on an equal footing with the original 
 States in all respects whatever, and until the next general 
 census, shall be entitled to three members in the House of 
 Representatives of the United States; Provided, always, That 
 this act shall not take effect until after the proclamation of 
 the President of the United States hereinafter provided for. 
 
 It being represented to Congress that since the Conven- 
 tion of the twenty-sixth of November, eighteen hundred and 
 sixty-one, that framed and proposed the Constitution for the 
 said State of West Virginia, the people thereof have ex- 
 pressed a w|ph to change the seventh section of the eleventh 
 article of said Constitution by striking out the same and 
 inserting the following in its place, viz: “The children of 
 slaves born within the limits of this State after the 
 fourth day of July, eighteen hundred and sixty-three, shall 
 be free; and that, all slaves within the said State who shall, 
 at the time aforesaid, be under the age of ten years, shall be 
 free when they arrive at the age of twenty-one years; and 
 all slaves over ten and under twenty-one years shall be 
 free -when they arrive at the age of twenty-five years; and 
 no slave shall be permitted to come into the State for per- 
 manent residence therein:” Therefore — 
 
 Sec. 2. Be it further enacted, That whenever the people 
 of West Virginia shall, through their said Convention, and 
 by a vote to be taken at an election to be held within the 
 limits of the said State, at such time as the Convention 
 may provide, make and ratify the change aforesaid, and 
 properly certify the same under the hand of the president 
 of the Convention, it shall be lawful for the President of the 
 United States to issue his proclamation stating the fact, and 
 thereupon this act shall take effect and be in force from 
 and after sixty days from the date of said proclamation.16 
 This Bill was read the first time and ordered to a sec- 
 ond reading. 17 
 
 June 26 Senator Wade moved to take up “Senate Bill No. 365,” 
 and this was done. It was read a second time and con- 
 sidered as in Committee of the Whole. There was ex- 
 tended discussion, but the Bill was passed to its third 
 reading. 18 
 
 July 14 Again Senator Wade moved to take up “Senate Bill 
 No. 365,” The motion prevailed and the report of the 
 discussion which ensued, covers twelve quarto pages in' 
 the “Globe”. That day Lafayette S. Foster of Connect- 
 icut, occupied the chair pro tern in the absence of Vice- 
 President Hamlin. At length a vote was reached; Laz- 
 arus W. Powell of Kentucky, demanded the yeas and 
 
 16. See Statutes at Large of the United States of America, passed 
 at the third session of the Thirty-seventh Congress ; 1862-63. Chap. VI, 
 pp. 633, 634. 
 
 17. See Cong. Globe, Part III, 2d Sess. 37th Cong. pp. 2941, 2942. 
 IS. See Cong. Globe, Part III, 2d Sess. 37th Cong. pp. 2941, 2942. 
 
How West Virginia Was Made. 
 
 327 
 
 nays, and they were ordered. John W. Forney called 
 the roll : 
 
 Those voting yen were — 
 
 Henry B. Anthony and James F. Simmons of Rhode Island; 
 Daniel Clark and John P. Hale of New Hampshire; Jacob 
 Collamer and Solomon Foot of Vermont; William Pitt Fes- 
 senden and Lot M. Morrill of Maine; Lafayette S. Foster of 
 Connecticut; Henry Wilson of Massachusetts; Ira Davis of 
 New York; John C. Ten Eyck of New Jersey; John Sherman 
 and Benjamin F. Wade of Ohio; James W. Grimes and 
 James Harlan of Iowa; Timothy 0. Howe of Wisconsin; 
 Henry S. Lane of Indiana; James H. Lane and Samuel C. 
 Pomeroy of Kansas; Henry M. Rice and Morton S. Wilkinson 
 of Minnesota; Waitman T. Willey of Virginia. 
 
 A total of 2?. votes. 
 
 Those voting nay were — 
 
 James A. Bayard and William Saulsbury, of Delaware; Or- 
 ville H. Browning and Lyman Trumbull of Illinois; John 
 S. Carlile of Virginia; Zachariah Chandler and Jacob M. 
 Howard of Michigan; Anthony Kennedy of Maryland; Pres- 
 ton King of New York; Edgar Cowan of Pennsylvania; Gar- 
 rett Davis and Lazarus W. Powell of Kentucky; James A. 
 McDougall of California; Benjamin’ Stark of Oregon ; Charles 
 Sumner of Massachusetts; Robert Wilson of Missouri; 
 Joseph A. Wright of Indiana. 
 
 A total of 17 votes. 
 
 Those not voting were — 
 
 James Dixon of Connecticut; John R. Thompson of New 
 Jersey; David Wilmot of Pennsylvania; James A. Pearce of 
 Maryland: James W. Nesmith of Oregon; Milton S. Latham 
 of California; John B. Henderson of Missouri; James R. 
 Doolittle of Wisconsin. 
 
 A total of 8 votes.19 
 
 Thus it is seen that the Senators from Rhode Island, 
 Vermont, Maine, Ohio, Kansas, Iowa, and Minnesota 
 voted for the Bill; while those from Keutucky, Illinois, 
 and Michigan voted against; and those from New York, 
 Massachusetts, Indiana and Virginia were divided. The 
 most earnest friends of the Bill in the Senate were 
 Willey, Wade, Collamer, Hale, Fessenden, Ten Eyck, 
 Pomeroy, Lane of Kansas, and Wilkinson. The most 
 active in their opposition were Carlile, Bayard, Trum- 
 bull, Wilson and Sumner. 
 
 July 15 On this date, William Hickey, chief clerk of the Senate, 
 appeared at the bar of the House of Representatives, 
 and informed that body that the Senate had passed 
 Senate Bill No. 365, entitled “An Act for the Admis- 
 sion of West Virginia into the Union and for other Pur- 
 poses;” and he requested the concurrence of the House 
 therein. 20 
 
 19. See Cong. Globe, Part III, 2d Sess., 37th Cong., pp. 3307-3320. 
 
 20. See Cong. Globe, Part III, 2d Sess. 37th Cong. p. 2362. 
 
328 
 
 How West Virginia Was Made. 
 
 July 16 Senate Bill No. 365 came up for consideration and was 
 read a first and second time. John A. Bingham, of 
 Ohio, moved to put the Bill on its passage; Joseph E. 
 Segar, of Virginia, objected to its third reading and 
 moved to lay it on the table. This the House refused 
 to do, by a vote of seventy nays to forty-four yeas. Then, 
 on motion of B.oseoe Conkling, of New York, the further 
 consideration of the Bill was postponed until the second 
 Tuesday in the following" December. 21 
 
 Dec. 10 The Thirty-seventh Congress reassembled in its Third 
 Session December 1st. At noon on Tuesday, the 9th, 
 ensuing, John A. Bingham obtained the floor and de- 
 manded the regular order of business. “The regular 
 order of business,” said the Speaker, “is the consider- 
 ation of Senate Bill No. 365, pending for the Admission 
 of West Virginia into the Union.” Bingham asked 
 that it be put upon passage. Then ensued a discussion, 
 the report of which covers eighteen quarto pages of the 
 “Globe.” Debate closed on the 10th; the Bill was read 
 a third time; Charles A. Wickliffe, of Kentucky,' de- 
 manded the yeas and nays; the demand was sustained. 
 
 Those who voted yea were — 
 
 Cyrus Aldrich and William Windom of Minnesota; Isaac 
 N. Arnold, William Kellogg, Owen Lovejoy and Elihu B. 
 Washburn of Illinois; Elijah Babbitt, Samuel S. Blair, 
 James H. Campbell, John Covode, William M. Davis, James 
 T. Hale,. John Hickman, William D. Kelley, John W. 
 Killinger, William E. Lehman, Robert McKnight, Edward 
 McPherson, James K. Moorehead, John Patton, Thaddeus 
 Stevens and John P. Verree of Pennsylvania; William P. 
 Sheffield of Rhode Island; Stephen Baker, Jacob P. Chamber- 
 lain, Ambrose W. Clark, Frederick A. Conkling, R. Holland 
 Duell, Alfred Ely, Reuben E. Fenton, Richard Franchot, 
 Augustus Frank, Edward Haight, William E. Lansing, 
 Abram B. Olin, Theodore M. Pomeroy, Charles B. Sedwiek, 
 Socrates N. Sherman, Eldridge G. Spaulding, Burt Yan Horn, 
 Robert B. Van Valkenburg, Charles H. Van Wyck and Wil- 
 liam Wall of New York; Portus Baxter and Justin S. Morrill 
 of Vermont; Fernando C. Beaman, Francis W. Kellogg and 
 Rowland E. Trowbridge of Michigan; John A. Bingham, 
 Harrison G. Blake. William P. Cutler, Sidney Edgerton, John 
 A. Gurley, Richard A. Harrison, Valentine B. Horton, John 
 Hutchins, Albert G. Riddle, Samuel Shellabarger, Carey A. 
 Trimble and Samuel T. Worcester of Ohio; Jacob Beeson 
 Blair. Kellian V. Whaley and William Guy Brown of Vir- 
 ginia: Alford A. Burnham and Dwight Loomis of Connecti- 
 cut; Andrew J. Clements and Horace Maynard of Tennes- 
 see; Schuyler Colfax, William McKee Dunn, George W. Ju 
 
 21. See Cong. Globe, Part III, 2d Sess., 37th Cong., p. 3397. 
 
! 
 
 How West Virginia Was Made. 
 
 329 
 
 lian. William Mitchell, Albert G. Porter, John P. C. Shanks 
 and Albert S. White of Indiana; Thomas M. Edwards and Ed- 
 ward H. Rollins of New Hampshire; Thomas D. Elliott, Sam- 
 uel Hooper and Amasa Walker of Massachusetts; Samuel L. 
 Casey of Kentucky; Samuel C. Fessenden, Thomas A. D. 
 Fessenden. John N. Goodwin, Anson P. Morrill, Frederick A. 
 Pike and. John IT. Rice of Maine; Frederick F. Low, Timothy 
 G. Phelps and Aaron A. Sargent of California; John T. Nixon 
 and John L. N. Stratten of New Jersey; John W. Noell of 
 Missouri; John F. Potter and A. Scott Sloan of Wisconsin; 
 James F. Wilson of Iowa — in all ninety-six votes. 
 
 Those who voted nay were — 
 
 William Allen, James M. Ashbey, Samuel S. Cox, James 
 
 R. Morris, Warren P. Noble, George H. Pendleton, Clement 
 L. Vallandigham and Chilton A. White of Ohio; John B. 
 Alley, Charles Delano, Daniel W. Gooch, Alexander H. Rice, 
 Benjamin F. Thomas and Charles R. Train of Massachusetts; 
 Sydenham E. Ancona, Joseph Bailey, Charles J. Biddle, 
 Philip Johnson, John D. Stiles and Hendrick B. Wright of 
 Pennsylvania; George T. Cobh and William G. Steele of 
 New Jersey; Roscoe Conkling, Isaac C. Delaplain, Alexander 
 
 S. Diven, James E. Kerrigan, Moses F. Odell, Edward H. 
 Smith, John B. Steele and Elijah Ward of New York; Martin 
 F. Conway of Kansas; James A. Cravens, William S-. Holl- 
 man, John Law and Daniel W. Voorhees of Indiana; John W. 
 Crisfield and Francis Thomas of Maryland; John J. Critten- 
 den, George W. Dunlap, Henry H. Wadsworth, Aaron Hard- 
 ing, Robert Mallory, John W. Menzies, William H. Wads- 
 worth, Charles A. Wickliffe and George H. Yeaman of Ken- 
 tucky; .Tames E. English of Connecticut; Bradley F. Granger 
 of Michigan; William A. Hall, Elijah H. Norton, Thomas 
 L. Price and ' James S. Rollins of Missouri ; Anthony L. 
 Knapp, William A. Richardson and James C. Robinson of 
 Illinois; Joseph E. Segar of Virginia; George K. Shell of 
 Oregor, — in all fifty-five votes.22 
 
 The analysis of this vote presents some interesting 
 facts. The representatives from Maine, six in number, 
 voted solidly to admit West Virginia into the Union; in 
 Illinois there were four votes for it and three against it; 
 Pennsylvania cast sixteen for and six against ; New York, 
 twenty for and eight against ; Ohio, twelve for and eight 
 against; Indiana, seven for and. five against; Massachu- 
 setts, five for and six against; Missouri, one for and four 
 against; while New Jersey divided equally — two yeas 
 and two nays. 
 
 Dec. 11. Emerson Ethridge, of Tennessee, Clerk of the House of 
 Representatives, appeared at the bar of the Senate, and 
 'informed that body that the House had passed Senate 
 Bill No. 365, providing for the Admission of the State 
 of West Virginia into the Union. 23 
 
 22.. See Cong. Globe, Part I, 3d Sess., 37tli Cong., pp. 37-59. 
 23. See Cong. Globe, Part I, 3d Sess., 37th Cong., p. 60. 
 
330 
 
 How West Virginia Was Made. 
 
 Dec. 15 George T. Cobb, of New Jersey, from the Committee on 
 Enrolled Bills, reported that it had found truly en- 
 rolled an act (Senate No. 365) for the Admission of 
 West Virginia into the Union. 24 
 
 Dec. 16 Emerson Ethridge Clerk of the House, informed the 
 Senate that the Speaker of the House had signed Sen- 
 ate Bill No. 365, providing for the Admission of West 
 Virginia into the Union, and that he was directed to 
 present it to the Senate for the signature of its Presi- 
 dent. Thereupon, the Vice-President signed the Bill, 
 and it was delivered to the proper committee, to be 
 presented to the President of the United States. 25 
 
 Dec. 31 President Lincoln signed the Bill (Senate No. 365) for 
 the Admission of the State of West Virginia into the 
 Union, and for other Purposes. 
 
 1863 
 
 Jan. 5 John G. Nicolay informed the Senate of the fact that 
 the President had approved and signed Senate Bill No. 
 365, for the Admission of the State of West Virginia 
 into the Union, and for other purposes. 26 
 
 Jan. 14 The President had signed the Bill providing for the 
 admission of West Virginia, but the State was not yet 
 a member of the Federal Union. In the certified origi- 
 nal of the Constitution presented to Congress for the 
 proposed State, the Seventh Section of Article XI, read 
 as follows : 
 
 “7. No slave shall be brought, or free person of color be 
 permitted to come into this State for permanent residence.” 
 
 This was the only reference to the “peculiar institu- 
 tion” contained in it. Congress was not satisfied with 
 this, and required the said Seventh Section to be so 
 changed as to provide for the gradual extinction of slav- 
 ery as follows: 
 
 “The children of slaves born within the limits of this 
 State after the fourth day of July, eighteen hundred and 
 sixty-three, shall be free and that all slaves within the said 
 State who shall, at the time aforesaid, be under the age of 
 ten years, shall be free when they arrive at the age of 
 twenty-one years; and all slaves over ten, and under twenty- 
 one years, shall be free when they arrive at the age of 
 
 24. See Cong. Globe, Part I, 3d Sees., 37th Cong., p. 92. 
 
 23. See Cong. Globe, Part I, 3d Sees., 37th Cong., p. 84. 
 
 26 See Cong. Globe, Par.t I, 3d Sess., 37th Cong., p. 184. 
 
How West Virginia Was Made. 
 
 331 
 
 twenty-one years: and no slave shall be permitted to come 
 into the State for permanent residence therein.” 
 
 Section two, of the act providing for the admission of 
 the state into the Union read as follows : 
 
 “That, whenever the people of West Virginia shall, through 
 their said Convention, and by a vote to be taken at an 
 Election to be held within the limits of said State, at such 
 time as the Convention may provide, make and notify the 
 change aforesaid, and properly certify the same under the 
 hand of the President of the Convention, it shall be lawful 
 for the President of the United States to issue his procla- 
 mation stating the fact and therefore this act shall be to 
 effect and be in force from and after sixty days from the 
 date of the said proclamation.” 
 
 It will be remembered that in the Schedule attached 
 to the Constitution, it was provided that the Com- 
 missioners named therein were given power to reconvene 
 the Convention that framed it, if it became necessary 
 to do this. The necessity had arisen, and these Commis- 
 sioners, on this date, issued a proclamation requiring the 
 members of the Convention to re-assemble in the Custom 
 House in the city of Wheeling, on the 12th day of Feb- 
 ruary, 1862, to take into consideration the act of Con- 
 gress entitled “An Act for the admission 'of the State of 
 West Virginia into the Union, and for other Purposes.” 27 
 Jan. 30 The members of the General Assembly held a meeting in 
 the Hall of the House of Delegates on Friday evening 
 for the purpose of adopting a plan of organization for 
 the approaching election on the amended Constitution 
 of West Virginia. Daniel Polsley, the Lieutenant-Gov- 
 ernor, presided, and Leroy Kramer, of Monongalia 
 county, was Secretary. A State Central Committee was 
 appointed. Its members were Chester D. Hubbard, Dan- 
 iel Lamb, Elbert H. Caldwell, Campbell Tarr, Alfred B. 
 Caldwell, James W. Paxton, George McC. Porter, Jacob 
 Berger, James S. Wheat, and George B. Martin. Then 
 three prominent men in each county were named to 
 compos a County Central Committee. 28 
 
 Feb. 5 The proclamation of the Commissioners provided for 
 special elections to be held on this date for members of 
 the Constitutional Convention in the counties of Green- 
 brier, Monroe, Morgan, Pendleton and Pocahontas, not 
 
 27. See Daily Intelligencer, of Wheeling, January 15, 1863. 
 
 28. See the Daily Intelligencer, of Wheeling, February 4, 1863. 
 
332 
 
 How West Virginia Was Made. 
 
 previously represented ; and in Ohio county to fill the 
 vacancy caused by the death of Gordon Battelle ; one in 
 Marion county caused by the removal of Hiram Hay- 
 mond from the State; and another in Mason county, 
 to fill a vacancy caused by the resignation of John Hall, 
 the President of the Convention . 29 
 
 Feb. 12 The Constitutional Convention re-assembled for the pur- 
 purpose of making the change in the Constitution of 
 the new State, required by Congress. A. F. Ross had 
 been elected a member of the Convention from Ohio 
 county, to fill a vacancy caused by the death of Gordon 
 Battelle; David S'. Pinnell of Upshur county, elected 
 to fill vacancy resulting from the resignation of R. L. 
 Brooks; Joseph S. Wheat, a member from Morgan 
 county, hitherto unrepresented; John L. Boggs, of Pen- 
 dleton county, not previously represented; J. Robin- 
 son, of Calhoun county, it having no representative here- 
 tofore; Andrew Mann appeared and took his seat as a 
 representative from Greenbrier county; Rev. Moses 
 Tichenel, of Marion county, to fill vacancy caused by 
 the removal of Hiram Haymond from that coimty, who 
 thereby vacated his seat; James IT. Brown of Kanawha 
 county, re-elected to fill Amcancy resulting from his own 
 resignation; Dr. Samuel T. Griffith, of Mason county, 
 appeared as the successor of John Hall, President of 
 the Convention, whose resignation was read and Abraham 
 D. Soper, of Tyler county, elected to the Presidency . 30 
 
 Feb. 19 It was evident to all that the inauguration of the Gov- 
 ernment of West Virginia was near at hand, and on 
 Thursday evening — this date — promient men from all 
 over the State held a meeting in Wheeling for the pur- 
 pose of taking the initiative in having a general Con- 
 vention of delegates from all the counties to nominate 
 candidates for State officers at the election soon to be 
 held under the new Constitution. Judge Abraham D. 
 Soper, of Tyler county, presided. All present were 
 united in the opinion that such a Convention should be 
 
 29. See Daily Intelligencer, of Wheeling, January 15, 1863. 
 
 30. See Daily Intelligencer, of Wheeling, February 13, 1863. The 
 Journal of the adjourned Session of the Constitutional Convention has 
 never been brinted in book form but the manuscript thereof in the 
 possession of the State Department of Archives and History. — V. A. L. 
 
How West Virginia Was Made. 
 
 333 
 
 held, and it was resolved to recommend to the people 
 of each of the forty-eight counties composing the new 
 State of West Virginia, that as soon as practicable after 
 the adoption of the amended Constitution, they appoint 
 delegates to meet in Convention at Parkersburg, on the 
 first Wednesday after the expiration of ten days from 
 the date of the proclamation of the President declaring 
 West Virginia a State in the Union. 31 
 
 Feb. 20 The Constitutional Convention which had re-assembled 
 February 12th preceding, for the purpose of making 
 the change in the Constitution as required by Congress, 
 completed its work and adjourned sine die?" 
 
 Mar. 26 The people voted upon the adoption of the amended 
 Constitution. The total vote cast was 28,321, of which 
 27,749 were for ratification, and 572 for rejection. 33 
 
 April 17 On this date Abraham D. Soper, President, and Daniel 
 Lamb, Peter G. Van Winkle, Elbert TI. Caldwell. 
 Ephraim B. Hall, and James W. Paxton, the Executive 
 Committee of the Constitutional Convention certified 
 the result of the election on March 26th, on the amended 
 Constitution to Governor Pierpont, by whom it was im- 
 mediately certified to the President of the United States. 31 
 
 • 
 
 Proclamation Relating to the Admission op West Virginia into the 
 Union, by the President of the United States of America. 
 
 A PROCLAMATION. 
 
 April 20 WHEREAS, by the act of Congress approved the 31st day 
 of December last the State of AVest Virginia was declared 
 to be one of the United States of America, and was ad- 
 mitted into the Union on an equal footing with the origi- 
 nal States in all respects whatsoever, upon the condition that 
 certain changes should be duly made in the proposed con- 
 stitution for that State; and 
 
 WHEREAS, proof of a compliance with that condition, as 
 required by the second section of the act aforesaid has 
 been submitted to me: 
 
 Now, therefore, be it known that I, Abraham Lincoln, 
 President of the United States, do hereby, in pursuance of 
 
 31. See Daily Intelligencer, of Wheeling, February 20, 1863. 
 
 32. See Daily Intelligencer, of Wheeling, February 21* 1863 
 T ,. 33 : . S ,® e “Hagans’ “Erection and Formation of the State of West 
 Virginia, p. 78. Also Wheeling Daily Intelligencer, April 17, 1863. 
 
334 
 
 How West Virginia Was Made. 
 
 the act of Congress aforesaid, declare and proclaim that 
 the said act shall take effect and be in force from and af- 
 ter sixty days from the date hereof. 
 
 In witness whereof I have hereunto set my hand and 
 caused the seal of the United States to be affixed. 
 
 Done at the city of Washington, this 20th day 
 [SEAL] of April, A. D. 1863, and of the Independence of 
 the United States the eighty-seventh. 
 
 ABRAHAM LINCOLN. 
 
 By the President: 
 
 WILLIAM H. SEWARD, 
 
 Secretary of State. 
 
 May 6 AN UNCONDITIONAL UNION CONVENTION. 
 
 The people acting upon the suggestion of the meeting 
 at Wheeling on the evening of the 19th of February, 
 1863, appointed delegates from the various counties to as- 
 semble in Convention at Parkersburg; there to nominate 
 the first State officials of West Virginia. Wednesday, May 
 the 6th, this old town was thronged with people. The Con- 
 vention assembled at 3 :00 P. M. in the Court House. 
 Judge Chapman J. Stuart of Doddridge county, called 
 the body to order, and nominated James G-. West of 
 Wetzel county, for temporary President; and Thomas 
 • Cather of Taylor county nominated Ellery R. Hall of 
 Taylor county, temporary Secretary. Rev. Mr. Camp- 
 bell of the Presbyterian church offered prayer in an im- 
 pressive manner. A Committee on Permanent Organi- 
 zation was appointed, consisting of Chapman J. Stuart, 
 of Doddridge county; Benjamin H. Smith, of Kana- 
 wha; Abraham D. Soper, of Tyler; Leroy Kramer, of 
 Monongalia; James R. Carskadon, of Hampshire; Dan- 
 iel Lamb, of Ohio; Joseph B. Nay, of Marion; and John 
 J. Brown, of Preston. 
 
 A Committee on Credentials was appointed as fol- 
 lows : Thomas Cather, of Taylor ; George McC. Porter, 
 of Hancock; William Swearingen, of Marion; Chapman 
 J. Stuart, of Doddridge; Robert Irvine, of Lewis; Spic-, 
 er Patrick, of Kanawha; Robert Hager, of Boone, and 
 T. C. McCann, of Greenbrier. 
 
 Judge Stuart of the Committee on Permanent Organ- 
 ization reported the following: 
 
How West Virginia Was Made. 
 
 335 
 
 For President — Dr. Spicer Patrick, of Kanawha 
 county. 
 
 For Secretary — Ellery R. Hall, of Taylpr county. 
 
 For Assistant Secretary — Jacob Edgar Boyers, of 
 Tyler county. 
 
 The report of the Committee on Credentials showed 
 that there were two hundred and thirty-five delegates 
 present from forty counties. Nominations were declar- 
 ed to be in order. Names were presented for the various 
 offices, with the result that Arthur I. Boreman, of Wood 
 county, was nominated for Governor; Jacob E. Boyers, 
 of Tyler county, fov Secretary of State; Campbell Tarr, 
 of Brooke county, for Treasurer of State; Samuel 
 Crane, of Randolph county, for Auditor of State; 
 Aquilla B. Caldwell, of Ohio county, for Attorney- 
 General; and Ralph L. Berkshire, of Monongalia coun- 
 ty; William A. Harrison, of Harrison county, and James 
 H. Brown of Kanawha county, for Judges of the Court 
 of Appeals. 34 
 
 May 12 Daniel Lamb, James W. Paxton, Peter G. Van Winkle, 
 Elbert H. Caldwell and E. B. Hall, the Executive Com- 
 mittee of the Constitutional Convention issued a Procla- 
 mation declaring May 28th, the day upon which the 
 election of the new State officials would take place. 35 
 
 May 28 The election of State and County officials generally 
 throughout the new State. All State officials were 
 elected without opposition, but in some of the counties 
 the contests for local offices more particularly that of 
 sheriff, were spirited and closely contested. 36 
 
 June 12 Returns from thirty-three counties, of the vote on the 
 26th of May, had been received by the Executive Com- 
 mittee of the Constitutional Convention. These showed 
 that in the said counties, Arthur I. Boreman, for the 
 office of Governor, had received 25,797 votes; Jacob Ed- 
 gar Boyers for Secretary of State, 24,996 votes; Camp- 
 bell Tarr, for Treasurer of State, 25,513 votes; Samuel 
 Crane, for Auditor of State, 24,857 votes; Aquilla B. 
 Caldwell, for Attorney-General, 25,141 votes; and for 
 
 34. See Daily Intelligencer, of Wheeling, May 9, 1863. 
 
 35 See Daily Intelligencer, o£ Wheeling, May 13, 1863. 
 
 36 See Daily Intelligencer, of Wheeling, May 29, 1863. 
 
336 
 
 How West Virginia Was Made. 
 
 Judges of the Supreme Court of Appeals, Ralph L. 
 Berkshire, received 24,537 votes, William A. Harrison 
 24,1124 votes; and James H. Brown 24,225 votes. All 
 were declared elected. 37 
 
 June 20 This was Saturday. That day, the period of sixty days, 
 mentioned in the proclamation of the President, April 
 20, 1863, expired and West Virginia entered upon her 
 career as a member of the Federal Union. 
 
 THE BEGINNING OP THE NEW STATE GOVERNMENT. 
 
 It was a remarkable one in the History of the Virgin- 
 ias. In Wheeling a vast multitude thronged the streets ; 
 thousands of flags fluttered in the breeze; the display 
 of hunting was the most attractive ever seen in the 
 “Western Metropolis.” It threatened rain — June show- 
 ers ; now all the beauties of a clear sunlight were shown, 
 then a cloud chased all away. There were June show- 
 ers — little ones> — not enough to drive the people from 
 the streets. A procession marched through the princi- 
 pal streets and then halted in front of the Linsly Insti- 
 tute. It was filled with people; the streets were filled 
 with men, women and children, and the yards, windows 
 and roofs were full of eager faces. A large platform 
 had been erected in front of the Institute, and thither 
 the officers — officials of two State Governments — were 
 conducted as they arrived. Hon. Chester D. Hubbard 
 called the multitude to order. Thirty-five tastefully at- 
 tired and beautiful little girls, representing the Ameri- 
 can States — all of them — sang the ‘ ! Star Spangled Ban- 
 ner. ” Rev. J. T. McClure addressed the Throne of 
 Grace. Then came two Governors — Francis IT. Pier- 
 pont, the head of the “Restored Government; and Ar- 
 thur I. Boreman, chief Executive of a State just then be- 
 ginning to he. The first delivered a Valedictory, the 
 second an Inaugural Address. The sovereignty of the 
 Restored Government of Virginia was terminated on 
 the soil of West Virginia. Governor Pierpont retired 
 with the Restored Government to Alexandria on 
 the Potomac, nine miles below Washington City. Three 
 
 37. See Daily Intelligencer , of Wheeling, June 13, 1863. 
 
How West Virginia Was Made. 
 
 337 
 
 cheers were given for West Virginia ; the little girls sang 
 E Pluribus Unum; the hand played the “Star Spangled 
 Banner,” and thus terminated the ceremonies of the 
 inauguration of West Virginia as a free and independent 
 State. 3s The Restored Government of Virginia which left 
 Wheeling that day for Alexandria on the Potomac ; and 
 in May, 1865, removed to Richmond, on the James, is 
 the present Government of the Commonwealth of 
 Virginia; the Government organized at Wheeling that 
 day, continues to be the Government of the State of 
 West Virginia: 
 
 33. See Daily Intelligencer , of Wheeling, June 22, 1863. 
 
INDEX 
 
 A. 
 
 Addenda, containing events lead- 
 ing up to the admission of 
 West Virginia into the Union, 
 317. 
 
 Address to the People of North- 
 western Virginia by the First 
 Convention at Wheeling, May, 
 1861, 72. , 
 
 Alabama, adopts Ordinance of Se- 
 cession, 8. 
 
 Alexandria, town of, 3, 4, 33 6. 
 
 Allegiance to United States, peo- 
 ple of Virginia absolved there- 
 from, 21. 
 
 Alliance between Virginia and the 
 Confederate States, 15. 
 
 Ambler, William, member Com- 
 mittee on Elections in Seces- 
 sion Convention at Richmond, 
 11 . 
 
 Anderson, Fulton, Confederate 
 Commissioner from Mississippi, 
 addresses Secession Convention 
 at Richmond, 12. 
 
 Archives and History, State De- 
 partment of, 4. I 
 
 Armstrong, Edward M., member 
 -of Secession Convention at 
 Richmond, 29; vote by, on 
 Ordinance of Secession, 30. 
 
 Atkinson, John H., member of 
 Second Convention at Wheel- 
 ing, 80. 
 
 B. 
 
 Baldwin, John B., member of 
 Committee on Federal Rela- 
 tions in Secession Convention 
 at Richmond, 11. 
 
 Barbour, Alfred M,, member of 
 Secession Convention at Rich- 
 mond, 29. 
 
 Barbour, James, member of Com- 
 mittee on Federal Relations in 
 Secession Convention at Rich- 
 mond, 11. 
 
 Barns, John S., member Second 
 Convention at Wheeling’, 80; 
 remarks by, 2 08, 210; resolu- 
 tions by, 123, 300. 
 
 Barracks, James J., member Sec- 
 ond Convention at Wheeling, 
 80 . 
 
 Battelle, Rev. Gordon, member of 
 Second Convention at Wheel- 
 ing, 80; opened Convention 
 with prayer, 78, 83, 147, 283. 
 
 Bedford County, resolutions by 
 people of, 13. 
 
 Benning, Henry L., Commissioner 
 fr-om Georgia, addresses Seces- 
 sion Convention at Richmond, 
 12 . 
 
 Berlin, George W., member o-f Se- 
 cession Convention at Rich- 
 mond, 29; vote by, on Ordi- 
 nance of Secession, 30. 
 
 Blow, George, Jr., member of 
 Committee on Federal Rela- 
 tions, in Secession Convention 
 at Richmond, 11. 
 
 Boggess, Caleb, member of Seces- 
 sion Convention at Richmond, 
 29; vote by, on Ordinance of 
 Secession, 30. 
 
 Boreman, Arthur I., member of 
 Second Convention at Wheel- 
 ing, 80; elected President 
 thereof; takes oath of office, 
 81; (thanks Convention for 
 honor conferred, 81; makes 
 statements to Convention, 94, 
 131, 132, 138, 141, 143, 149, 
 185, 187, 188, 190, 191, 192, 
 193, 197, 198, 203, 216, 241, 
 278, 279, 301; announced the 
 order of -the day, 96; address 
 to the Convention at close of 
 Regular Session, 155, 156, 
 
 157; calls Adjourned Session to 
 order, 183; final address of, to 
 the Convention, 301; men- 
 tioned, 218. 
 
 Boreman, William J., member of 
 Second Convention at Wheel- 
 ing,- 79; remarks by, 132, 271, 
 274, 2 SI; resolution by, 300; 
 submits proposition, 211; sub- 
 stitute of, for report of Com- 
 mittee on Division of State, 
 215; mentioned, 228, 274. 
 
Index. 
 
 ii 
 
 Bowen, L/ot, member of Second 
 Convention at Wheeling, SO; 
 resignation therefrom, 2 03. 
 
 Bowyer, George C., member of 
 Second Convention at Wheel- 
 ing, 80. 
 
 Boyd, William W., member of 
 Committee on Federal Rela- 
 tions in Secession Convention 
 at Richmond, 11. i 
 
 Breckenridge, John C., mentioned, 
 232. 
 
 Brooke County, action of people 
 therein, 2 6. I 
 
 Brown, William G., member of 
 Secession Convention at Rich- 
 mond, 29; vote by, on Ordi- 
 nance of Secession, 30; member 
 of Committee on Elections 
 therein, 11; expelled therejfrom, 
 31; mentioned, 231. 
 
 Brown, John J., member of Sec- 
 ond Convention at Wheeling, 
 80, reports by, from Committee 
 on Credentials, 185, 192, 196, 
 212 . 
 
 Brockunier, Rev. S. R., opened 
 Convention with prayer, 112, 
 194. 
 
 Broski, George W., member of 
 Second Convention at Wheel- 
 ing, SO. 
 
 Brumfield, William W., member 
 of Second Convention at Wheel- 
 ing, 80. 
 
 Bruce, Jamies C., member of Se- 
 cession Convention at Rich- 
 mond, 29; member of Com- 
 mittee on Federal Relations 
 therein, 11. 
 
 Burdett, John S., member of Se- 
 cession Convention at Rich- 
 mond, 29; vote by, on Ordi- 
 nance of Secession, 30; excelled 
 therefrom, 31 ; remarks by, in 
 First Convention at Wheeling. 
 40, 42, 4 3, 44, 62; member of 
 Second Convention ait Wheel- 
 ing, 80; remarks therein by, 
 89, 90, 122, 134, 152, 217, 245, 
 290, 291; motions by, 96, 130, 
 217, 300; resolution by, 217; 
 mentioned, 2 7 7. 
 
 Burley, James, member of Seces- 
 sion Convention at Richmond, 
 29; vote by, on Ordinance of 
 Secession, 30; attends meeting 
 of Western members of Seces- 
 sion Convention at Powhatan! 
 ^Totel, 30; resolutions by, 27, 
 '28, 196, 22 8; expelled there- 
 from, 31; member of First Con- 
 vention at Wheeling, remarks 
 
 therein, 196, 197, 212, 2235, 
 291, 293; mentioned, 200, 211. 
 
 Byrne, Benjamin W„ member of 
 Secession Convention a.t Rich- 
 mond, 29; vote by, on Ordi- 
 nance of Secession, 30. 
 
 C. 
 
 Caldwell, Elbert H., member of 
 Second Convention at Wheel- 
 ing, SO; remarks by, 118, 128, 
 132, 296; motions by, 130, 191, 
 257, 2 92; obtained leave of 
 absence, 113; report by, from 
 Committee of Seventeen, 153; 
 presented ordinance relating to 
 grand and petit jurors, 2 99. 
 
 Campbell, Archibald W., Editor 
 of Intelligencer, 4. 
 
 Campbell, John A., member of Se- 
 cession Convention at Rich- 
 mond, 29; member of Commit- 
 tee on Federal Relations, 11. 
 
 Capenton, Allen T., member of Se- 
 cession Convention at Rich- 
 mond, 29; vote by, on Ordi- 
 nance of Secession, 30; member 
 of Committee on Elections in 
 Secession Convention at Rich- 
 mond, 11 . 
 
 • Carlile, John Si., member of Se- 
 cession Convention ait Rich- 
 mond, 29; vote by, on Ordi- 
 nance of Secession, 30; left 
 'Richmond Convention, 30; ex- 
 pelled therefrom, 31; mem- 
 beg of First Convention ait 
 Wheeling, 35; member of 
 Second Convention at Wheel- 
 ing, SO; remarks by, 36, 
 37, 38, 39, 4S, 49, 50, 51, 
 52, 53, 54, 55, 57, 58, 59, 60, 
 61, 64, 65, 66, 78, 83, 84, 89, 
 
 95, 96, 9 
 
 7, 98 
 
 , 99, 
 
 100, 
 
 107, 
 
 108, 
 
 109, 
 
 114, 
 
 120, 
 
 122, 
 
 123, 
 
 125, 
 
 126, 
 
 129, 
 
 130, 
 
 133, 
 
 138, 
 
 140, 
 
 143, 
 
 146, 
 
 147, 
 
 148, 
 
 152, 
 
 190, 
 
 191, 
 
 193, 
 
 227, 
 
 228, 
 
 229, 
 
 232, 
 
 234, 
 
 242, 
 
 246, 
 
 24S, 
 
 254, 
 
 257, 
 
 267, 
 
 2 68, 
 
 271, 
 
 276, 
 
 277, 
 
 278, 
 
 291, 
 
 293, 
 
 294, 
 
 301; 
 
 mo- 
 
 tions 
 
 by, 
 
 115, 
 
 193, 
 
 299; 
 
 reso- 
 
 lutions by. 
 
 , 48, 84, 89 
 
 , 112, 
 
 136, 
 
 150, 
 
 190 
 
 ; report 
 
 by, 
 
 from 
 
 Committee of Seventeen, 15 3, 
 154; speech of, in Adjourned 
 Session of Second Convention 
 at Wheeling, 303, 312; report 
 by, from Committee on Busi- 
 ness, 115, 116; mentioned, 4 3, 
 229, 231, 253, 260, 262. 
 
Index. 
 
 iii 
 
 Carskadon, James R., member of 
 Second Convention at Wheel- 
 ing, 80. 
 
 Gather, Thomas, member of Sec- 
 ond Convention at Wheeling, 
 SO; remarks by, 254, 2 71; res- 
 olutions by, 199, 301. 
 
 Chambliss, J. R., member of Se- 
 cession Convention at Rich- 
 mond, 29; member of Commit- 
 tee on Elections, 11. 
 
 Clark, Rev. J. L., opened Conven- 
 tion with prayer, 152, 212. 
 
 Clarksburg, (Convention at, 33; 
 Preamble and Resolutions 
 •adopted thereby, 33, 34. 
 
 Clemens, Sherrard, member of 
 Secession Convention at Rich- 
 mond, 29; vote by, on Ordi- 
 nance of Secession, 30; attends 
 meeting of Western members 
 of Richmond Convention at 
 Powhatan Hotel, 30. 
 
 Close, James T., member of Sec- 
 ond Convention at Wheeling, 
 from Alexandria County, 79; 
 resolution by, 161. 
 
 Coercion, Richmond Convention 
 makes inquiry concerning, 12. 
 
 Committee on Elections, in Seces- 
 sion Convention at Richmond, 
 11; Committee on Federal Re- 
 lations therein, 11; Committee, 
 a central, appointed, names of 
 members thereof, 65; Commit- 
 tee on State and Federal Rela- 
 tions, Report of, 62, G3; Com- 
 mittee on a Division of the 
 State appointed, names of, 188; 
 Committee to revise ordinance 
 of the Convention, names of 
 members thereof, 299; Com- 
 mittee to wait on Governor, 
 names of members thereof, 
 .300. 
 
 Compromise Committee, appoint- 
 ed, names of, 2S2. 
 
 Confederate Congress, approved 
 Convention between Virginia 
 and Confederate States, 22. 
 
 Confederate States of America, 
 Government of, organized. 8; 
 Convention of, with Virginia, 
 17, IS; Provisional Govern- 
 ment of, adopted by Virginia 
 Convention, 19. 
 
 Congressmen elected to represent 
 Virginia in the Confederate 
 Congress, 21. 
 
 Congress, vote in Senate on BP1 
 admitting West Virginia into 
 the Union, 327; vote in House 
 
 of Representatives on Bill ad- 
 mitting West Virginia into the 
 Union, 328, 329. 
 
 Conrad, Robert Y. member of Se- 
 cession Convention at Rich- 
 mond, 29; member of Commit- 
 tee on Federal Relations, 11. 
 
 Conrad, C. B., member of Seces- 
 sion Convention at Richmond, 
 29. 
 
 Constitutional Convention, assem- 
 bled at Wheeling, 318; con- 
 vened, to Frame a Constitution 
 for the New r State of Kanawha, 
 318; Roll of members thereof, 
 319; adjournment of, 32 0; 
 reassembled, to change Consti- 
 tution as required by Congress, 
 332. 
 
 Constitution, First :of West Vir- 
 ginia, vote upon, 321; a sec- 
 ond time ratified by the peo- 
 ple, 333. 
 
 Convention at Clarksburg, issues 
 call for united action, to op- 
 pose Secession, 3 3. 
 
 Convention (agreement) between', 
 Virginia and Confederate 
 States, 18. 
 
 Convention, Secession, at Rich- 
 mond, adopts Provisional Gov- 
 ernment of Confederate States, 
 19; provides for organization 
 of Provisional Army, 20; Ses- 
 sions of, 23. 
 
 Convention, First, at Wheeling, 
 of the People of Northwestern 
 Virginia, 35-76; names of mem- 
 bers of Comlmittee on Cre- 
 dentials, 44, 45; names of 
 
 members of Com mil tee on State 
 and Federal Relations, 45; 
 names of delegates thereto, 
 5 5 ; Reports of Debates there- 
 in, 35, 71; Address of, To the 
 People of Northwestern Vir- 
 ginia 72, 73; Proceedings and 
 Journals thereof, 3. 
 
 Convention, Second, at Wheeling, 
 Introductory Note thereto, 77; 
 organization of. 78. 79; list of 
 members of. 79, SO; debates 
 therein, 78-157; address of, 
 175-182; Journal of, 78-1 57; 
 adjournment of Regular Ses- 
 sion, 157; reassembling of Ad- 
 journed Session, 1S3; Journal 
 of, 183-302; adjournment of, 
 302. 
 
 Convention, at Parkersburg; 
 nominated first State officers of 
 West Virginia 334, 335. 
 
IV 
 
 Index. 
 
 Cooper, William T., elected mem- 
 ber of Secession Convention, to 
 fill seat made vacant by expul- 
 sion of John S. Carlile, 32. 
 
 Copley, William, nrembfer of Sec- 
 ond Convention at Wheeling, 
 80 . 
 
 Couch, James H., member of Se- 
 cession Convention at Rieh- 
 mond, 29; vote by, on Ordi- 
 nance of Secession, 30. 
 
 Council of State, elected; names 
 of members thereof, 142. 
 
 Cowan, Robert E., elected mem- 
 ber of Secession Convention, 
 at Richmond, to fill seat made 
 vacant by expulsion of William 
 G. Brown, 32. 
 
 Cox, James H., temporary Presi- 
 dent of Secession Convention 
 at Richmond, 10. 
 
 Crane, William B., member of 
 Second Convention at Wheel- 
 ing, 80. 
 
 Crane, Samuel, member of Sec- 
 ond Convention at Wheeling, 
 80; remarks by, 111, 132, 147, 
 185, 186, 190, 191, 192, 193, 
 204, 216, 294; motions by, 95, 
 136, 138, 186, 196, 200, 211, 
 2 89; resolutions by, 186, 202; 
 mentioned, 233. 
 
 Cranmer, Gibson Lamb, member 
 of First Convention at Wheel- 
 ing, 41; elected Secretary, 41; 
 member of Second Convention, 
 81; elected Secretary, 81; read 
 report of Committee on Cre- 
 dentials, 198; directed to se- 
 cure files of papers containing 
 proceedings of May and Jane 
 Conventions, 199; mentioned, 
 3, 4. 
 
 Crawford, William L., member of 
 Second Convention at Wheel- 
 ing, 80; motion by, 131. 
 
 Cresap, C. .1. C., elected member 
 of Secession Convention at 
 Richmond, to fill seat made va- 
 cant by expulsion of James C. 
 McGrew, 32. 
 
 Crothcrs, Hugh W., member of 
 Second Convention at 'Wheel- 
 ing, 79; motion by, 2 76; sug- 
 gestion as to meeting of Leg- 
 islature, 300. 
 
 D. 
 
 Davidson, Lemuel E., member of 
 Second Convention at Wheel- 
 ing, 80; motion by, 194. 
 
 Davis, John J., member of Second 
 Convention at Wheeling, 80. 
 
 Davis, Jefferson, President of 
 Confederate States, 8. 
 
 Dayton, Spencer, member of Sec- 
 ond Convention at Wheelng. 
 80; succeeded by Nathan H. 
 Taft, 9 4. 
 
 Declaraton, of the people of 
 Northwestern Virginia, repre- 
 sented in Second Convention at 
 Wheeling, 86; of Rights of the 
 people of Virginia, 170, 173. 
 
 Delaware, State of, mentioned, 
 
 11 . 
 
 Delegates, list of, in First Con- 
 vention at Wheeling, 55, 56, 
 
 57. 
 
 Denit, Marshall M., member of Se- 
 cession Convention, at Rich- 
 mond, 29; vote by, on Ordi- 
 nance of Secesson, 30; attends 
 meeting of Western members 
 of, ait Powhatan Hotel, 30; ex- 
 pelled therefrom, 31; member 
 of First Convention at Wheel- 
 ing, 56; Secretary thereof, 3, 
 41. 
 
 Dodds, Rev. R. D., opens Conven- 
 tion with prayer, 114. 
 
 Dorsey,' Dennis B., member of 
 Second Convention at Wheel- 
 ing, SO; remarks . by, 96, 99, 
 100, 101, 102, 103, 104, 105, 
 106, 110, 111, 114, 115, 119, 
 136, 137, 145, 146, 148, 191, 
 193; motions by, 96, 123, 133, 
 152, 193, 196, 275, 281; reso- 
 lutions by, 83, 136, 147; 
 
 opened Convention with prayer, 
 270; mentioned, 200, 241. 
 
 Douglas, William, member of 
 ISecond Convention at Wheel- 
 ing, 80. 
 
 Downey, Owen D., member of 
 ISecond Convention at Wheel- 
 ing, 80; remarks by, 2 91. 
 
 E. 
 
 Echols, John, member of Seces- 
 sion Convention at Richmond, 
 29; vote by, on Ordinance of 
 Secession, 3 0. 
 
 Eggleston, D. Q.. Secretary of the 
 Commonwealth of Virginia, 4. 
 
 Eubank, John L., member of Se- 
 cession Convention at Rich- 
 mond, 29; Secretary, thereof, 
 11 . 
 
 Evans, James, member of Second 
 Convention at Whee'ing, 80; 
 remarks by, 133, 204, 206; res- 
 olution by, 300. 
 
Index. 
 
 v 
 
 F. 
 
 Farnsworth, Daniel D. T., mem- 
 ber of Second Convention at 
 Wheeling, 80: remarks by, 90, 
 118, 124, 193, 203, 255, 281; 
 motions by, 154, 279; resolu- 
 tions by, 118, 154, 199; mem- 
 iber of Comimiittee on Division of 
 ithe State, 19 4; vote on resolu- 
 tions by, 127, 186, 193; prop- 
 osition presented by, 212; sub- 
 stitute of, for the report on 
 Division of the State, 213; call 
 for previous question, 277; re- 
 port by, as chairman of Com- 
 promise Committee, 2 S3; men- 
 tioned, 201, 232, 234, ,240, 276. 
 
 Fast, Richard, member of Sec- 
 ond Convention at Wheeling, 
 80; remarks by, 270; resolu- 
 ton by, 199; mentioned, 201. 
 
 Federal Relations, Committee on. 
 Secession Convention at Rich- 
 mond, 11. 
 
 Federal Government, property of, 
 captured by Virginia troops, 
 19. 
 
 Ferrell, James P., member of Sec- 
 ond Convention at Wheeling, 
 80. 
 
 Fisher, Rev. D. W., opened Con- 
 vention with prayer, 217. 
 
 Fleming, Solomon, member of 
 Second Convention at Wheel- 
 ing, SO; resolution by, 185. 
 
 'Flesher, Andrew, member of 
 Second Convention at Wheel- 
 ing, 80; remarks by, in First 
 Convention at Wheeling, 5 7 ; 
 remarks by, 91, 94, 114, 139; 
 motion by, 117; resolutions by, 
 113, 1SS; mentioned, 200. 
 
 Florida, adopts Ordinance of Se- 
 cession, 8. 
 
 Formation of New State, vote of 
 people thereon, 318. 
 
 Foley, James A., member of Sec- 
 ond Conventon at Wheeling, 
 79; resolution by, 184. 
 
 Fort Sumter, bombarded by South 
 Carolina troops, 13 
 
 French, Napoleon B., member of 
 Secession Convention at Rich- 
 mond, 29; vote by, on Ordi- 
 nance of Secession, 30. 
 
 French, Col. S. Bassett, transmits 
 to President of Secession Con- 
 tention, resolutions of people, 
 15. 
 
 Frost, Daniel, member of Second 
 Convention at Wheeling, SO; 
 
 remarks by, 122, 123, 187, 
 
 271, 276, 278, 281, 282; mo- 
 tions by, 113, 115, 119, 130, 
 146, 183, 185, 199, 203, 270, 
 275; resolutions by, 89, 90, 
 199; presented credentials of 
 James Smith, 184. 
 
 G. 
 
 General Assembly, Extra Session 
 :of, 8; convened at Richmond, 
 8 ; resolutions of, 9 ; provides 
 for State Convention, 9; First 
 Extra Session of, 142; under 1 
 Restored Government, con- 
 vened in First Regular Ses- 
 sion, 32 0; Second Extra Ses- 
 sion under Restored Govern- 
 ment, convened at Wheeling, 
 .321. 
 
 Georgia, adopts Ordinance of Se- 
 cession, 8. 
 
 Gillispie, Henry L., member of 
 Secession Convention at Rich- 
 mond, 29; vote by, on Ordi- 
 nance of Secession, 30. 
 
 Gist, Joseph, member of Second 
 Convention at Wheeling, 79. 
 
 Glencoe, town of, 3. 
 
 Goggin, William L ., member Com- 
 mittee on Elections, Secession 
 Convention, 11. 
 
 Gordon, William F., temporary 
 Secretary, Secession Convention 
 at Richmond, 10. 
 
 Graham, E. T., member of Second 
 Convention at Wheeling. 80. 
 
 Gray, Algernon S., member of 
 Committee on Elections, Seces- 
 sion Conventon at Richmond, 
 11 . 
 
 H. 
 
 Hagans, Harrison, member of 
 Second Convention at Wheel- 
 ing, SO; remarks by, 185, 186; 
 became chairman of ithe Com- 
 mittee on Business, 185; reso- 
 lution by, 96. 
 
 Hale, Perry M., member of Sec- 
 ond Convention at Wheeling, 
 80; motion by, 276. 
 
 Hall. Granville D., stenographic 
 reporter of Wheeling Conven- 
 tions, 3, 35. 
 
 Hall, Addison, member of Seces- 
 sion Convention at Richmond, 
 2 9 ; member of Commttee on 
 Elections, 12. 
 
VI 
 
 Index. 
 
 Hal], Cyrus, member of Secession 
 Convention at Richmond, 29; 
 vote by, on Ordinance of Seces- 
 sion, 30. 
 
 Hall, Leonard S., member of Se- 
 cession Convention at Rich- 
 mond, 29; vote by, on Ordi- 
 nance of Secession, 30. 
 
 Hall, Ephraim B., member of Se- 
 cession Convention at Rich- 
 mond, 29; vote by, on Ordi- 
 nance of Secession, 30; expell- 
 ed from Convention, 31; mem- 
 ber of Second Convention at 
 Wheeling, SO; admitted to seat 
 of Francis H. Pierpont, resign- 
 ed, 281; remarks by, 292, 294. 
 
 Hammond, Allen C., member of 
 Secession Convention at Rich- 
 mond, 29; vote by, on Ordi- 
 nance of Secession, 30. 
 
 Harper, Kenton, Miajoir-General, 
 in command at Harper’s Ferry, 
 20 . 
 
 Harper’s Ferry, occupied by Vir- 
 ginia troops, 2 0. 
 
 Harris, John W., Secretary of 
 Clarksburg Convention, 34. 
 
 Harrison County, Action of the 
 People (therein, 2 4-2 7. 
 
 Harrison, George, member of Sec- 
 ond Convention at- Wheeling, 
 80; remarks by, 296; motion 
 by, 133; resolution by, 128; 
 mentioned, 275. 
 
 Harvey, Lewis E., member of Se- 
 cession Convention at Rich- 
 mond, 29; member of Commit- 
 tee on Federal Relations, 11. 
 
 Hawxhurst, John, member of Sec- 
 lond Convention at Wheeling, 
 from Fairfax county, 79; re- 
 marks by, 241, 246; motions 
 by, 192, 198; resolution by, 88. 
 
 Haymond, Alpheus F., member of 
 Secession Convention at Rich- 
 mond, 29; Chairman of Com- 
 mittee on Elections, 11; vote 
 bv, on Ordinance of Secession, 
 30. 
 
 Heck, Jonathan M., elected mem- 
 ber of Secession Convention at 
 Richmond, to fill seat made va- 
 cant by expulsion of Marshall 
 M. Dent, 32. 
 
 llervey. Rev. David, opened Con- 
 vention 'by prayer, 91, 135. 
 
 Hoge, James W., member of Se- 
 cession Convention at Rich- 
 mond, 29; vote by, on Ordi- 
 nance of Secession, 30. 
 
 Hooiton, Charles, member of Sec- 
 
 ond Convention at Wheeling, 
 80; remarks by, 114, 130, 191, 
 198, 280, 281; presented peti- 
 tions from citizens of Preston 
 counity, 193; demanded previ- 
 ous questions, 291, 295. 
 
 Hornbrook, Thomas, elected Ser- 
 ,geant-at-Arms, of Second Con- 
 vention at Wheeling, 81. 
 
 Howard, John, member of Second 
 Conventon at Wheeling, 80. 
 
 Hubbard, Chester D., member of 
 Secession Convention at Rich- 
 mond, 29; vote by, on Ordi- 
 nance of Secession, 30; attends 
 meeting of Western members 
 of Convention at Powhatan Ho- 
 tel, 3<i; expelled from Conven- 
 tion, 31; member of First Con- 
 vention at Wheeling, 35; mo- 
 tion by, 40; member Second 
 Convention at Wheeling, 80; 
 remarks by ; 123, 133, 232, 233, 
 234, 296; motions by, 115, 
 151; nominated James S. 
 Wheat for Attorney General of 
 Virginia under the Restored 
 Government, 151; mentioned, 
 240, 241. 
 
 Hubbard, John R., member of 
 First Convention at Wheeling, 
 56; remarks by, 59. 
 
 Hughes, John N., member of Se- 
 cession Convention at Rich- 
 mond, 29; vote by, on Ordi- 
 nance of Secession, 30: killed 
 at battle of Rich Mountain, 
 West Virginia, 31. 
 
 I-Iursey, John, Chairman of 
 Clarksburg Convention, 34. 
 
 Hutton, Eppa, member of Com- 
 mittee on Elections, Secession 
 Convention at Richmond, 11 
 
 I. 
 
 Illinois, State of, 3. 
 
 Intelligencer, Daily, of Wheeling, 
 3, 4, 5; files of, 5. 
 
 J. 
 
 Jackson, John J., member of Se- 
 cession Convention at Rich- 
 mond, 29; member of Commit- 
 tee on Federal Relations, 11; 
 vote by, on Ordinance of Seces- 
 sion, 30; attends meeting of 
 Western members of Conven- 
 tion at Powhatan Hotel. 30; 
 expelled from Convention, 31 ; 
 member of First Convention at 
 Wheeling, 57; remarks by, 36, 
 37, 38, 39, 40, 42, 4 k 3, 44, 47, 
 53, 59, 64. 65. 
 
Index. 
 
 vii 
 
 Jackson, John Jay, Jr., member 
 of First Convention at Wheel- 
 ing, 57; remarks by, 39, 58, 
 >61. 
 
 Jackson, Blackwell, member of 
 Second Convention at Wheel- 
 ing, 80; mentioned, 229. 
 
 Janney, John, member of Seces- 
 sion Convention at Richmond, 
 29; permanent President there- 
 of, 10; Address of, to Con- 
 vention, 10, 11. 
 
 Johnson, Peter C., member of Se- 
 cession Convention at Rich- 
 mond, 29; member of Commit- 
 tee on Federal Relations, 11. 
 
 Johnson, Daniel D., member of 
 Second Convention at Wheel- 
 ing, 79; remarks by, 133, 2 75; 
 resolution by, 199; mentioned, 
 201 , 211 . 
 
 Johnson, Joseph, ex-Governor of 
 Virginia, mentioned, 2 32. 
 
 K. 
 
 t Kidd, George H., resolution by, 
 in First Convention at Wheel- 
 ling, 41. 
 
 Koontz, George, member of Sec- 
 ond Convention at Wheeling, 
 80; qualified and took seat as 
 (member of said Convention, 
 185. 
 
 Kramer, Leroy, member of Sec- 
 ond Convention at Wheeling, 
 80; remarks by, 91; resolution 
 by, 2 99; substitute offered by, 
 for ordinance providing for 
 publication of Ordinance and 
 Laws, 19 6; mentioned, 2 00. 
 
 Laidley, Albert, member of the 
 Second Convention at Wheel- 
 ing, 79; did not qualify, name 
 stricken from roll of, 135. 
 
 Laishley, Rev. Peter T., delegate 
 to First Convention at Wheel- 
 ling, 41. 
 
 Lamb, Daniel, member of Second 
 Convention at Wheeling, SO; 
 remarks by, 90, 94, 95, 113, 
 '131, 134, 241, 257, 263, 264, 
 268, 281, 290, 295, 296, 297; 
 motions by, 90, 95, 111, 151, 
 154, 256; resolutions by, 136, 
 199, 296; nominated Francis 
 H. Pierpont for Governor of 
 Virginia under Restored Gov- 
 ernment, 140; report by, from 
 Committee of Seventeen, 154; 
 from Committee on Creden- 
 tials, 93, 139, 152, 153, 200,- 
 
 2 81; submitted credentials of 
 Henry C. Moore, and Duncan 
 (McLaughlin, 13 6; mentioned, 
 276. 
 
 Latham, George R., member of 
 First Convention at Wheeling, 
 57; temporary Secretary there- 
 of, 3 6. 
 
 Lawson, James, member of Seces- 
 sion Convention at Richmond, 
 29; vote by, on Ordinance of 
 Secession, 30. 
 
 Lazier, William, remarks by, in 
 First Convention at Wheeling, 
 46, .53, 58, 65. 
 
 Letcher, John, Governor of Vir- 
 ginia; Proclamation by, con- 
 vening General Assembly in Ex- 
 tra Session, 8; message to As- 
 sembly, 8; received telegram 
 from Jefferson Davs, 16; re- 
 ceived telegram from Governor 
 Pickens, of South Carolina, 13. 
 
 Lewis, Charles S., member of Sec- 
 ond Convention, at Wheeling, 
 SO; admitted to seat as succes- 
 sor of Lot Bowen, resigned, 
 212; remarks by, 223, 224, 
 
 230, 232, 274, 275, 279, 280, 
 2 82; demanded previous ques- 
 tion, 295; mentioned, 232, 253, 
 254, 276. 
 
 Lightburn, J. A. J., member of 
 Second Convention at Wheel- 
 ing, 80; remarks by, 191; mo- 
 tions by, 191, 192; resolution 
 by, 193. 
 
 Lincoln, Abraham, signed Senate 
 Bill admitting West Virginia 
 into the Union, 330; Proclama- 
 tion by, admitting West Vir- 
 ginia. into the Union, 333, 334; 
 supported by Intelligencer, 4. 
 
 Logan, Thomas IT., member of 
 Second Convention at Wheel- 
 ing, 80. 
 
 Love, John, member of Second 
 Convention at- Wheeling, 80. 
 
 M. 
 
 Major-General of Virginia, office 
 of, created by Virginia Con- 
 vention, 21. 
 
 Marshall, Jacob W., elected mem- 
 ber of Secession Convention at 
 Richmond, to fill seat of John 
 N. Hughes, killed ill battle of 
 Rich Mountain, West Virginia, 
 32. 
 
 Marshall County, Action of peo- 
 ple therein, 2 6, 28. 
 
Index. 
 
 viii 
 
 Martin, Jefferson T., elected mem- 
 ber of Secession Convention at 
 Richmond, to fill seat made va- 
 cant by expulsion of James 
 Burley, 32. 
 
 Martin, Henry S., member of Sec- 
 ond Convention at Wheeling, 
 from Alexandria county, 79. 
 
 Martin, Reuben, member of Sec- 
 ond Convention at Wheeling, 
 80; remarks 'by, 187; motions 
 by, 153, 29 0; resolution by, 
 193; call for previous ques- 
 tions, 277, 2 93; mentioned, 
 
 200 , 211 . 
 
 Martin, Rev. Gideon, opened Con- 
 vention by prayer, 200 279. 
 
 Maslin, Thomas, member of Se- 
 cession Convention at Rich- 
 tmond, 29. 
 
 Mason County, Action of People 
 therein, 26, 27. 
 
 Mason, Ebon E,, member of Sec- 
 ond Convention at Wheeling, 
 from Fairfax county, 79. 
 
 Masters, Henry EL, member of 
 Second Convention at Wheel- 
 ing, 29; vote by, on Ordinance 
 of Secession, 30. 
 
 Mercer, William F.- remarks by, 
 in Second Convention at Wheel- 
 ing, 95. 
 
 Michael, John, member of Second 
 Convention at Wheeling, 80. 
 
 Militia, enroll. Governor Letcher 
 to furnish number of, 12. 
 
 Mississippi, adopts Ordinance of 
 Secession, 8. 
 
 Monongalia County, Action of 
 People therein, 25. 
 
 Montague, Robert, member of 
 committee on Federal Rela- 
 tions. 11. 
 
 Montague, Dudley, member of 
 Second Convention at Wheel- 
 ing, 80. 
 
 Moore, Henry C., member of Sec- 
 ond Convention at Wheeling, 
 80; credentials, submitted, 
 136; qualified and took seat as 
 member thereof, 139; remarks 
 'by, 152; resolution by, 150. 
 
 Moore, Samuel McD., member of 
 Committee on Federal Rela- 
 tions, i 1 . 
 
 Morgan, Stephen A., elected mem- 
 ber of Secession Convention at 
 Richmond, to fill seat made va- 
 cant by expulsion of Ephraim 
 It. Hall, ?■:. 
 
 Morris, Robert, member of Second 
 Convention at Wheeling, SO. 
 
 Moss, John W., member of First 
 Convention at Wheeling, 57; 
 permanent President thereof, 
 41; Address of, to Convention, 
 41, 42, member of Second Con- 
 vention at Wheeling, 80; mo- 
 tion by, 94; nominated Daniel 
 Polsley for Lieutenant-Gover- 
 nor of Virginia under Resto, cd 
 Government, 140. 
 
 Myers, D. M., member of Second 
 Convention at Wheeling, 79. 
 
 McClure, Rev. J. T. opened Con- 
 vention with prayer, 128, 189. 
 
 McComas, William, member of 
 Secession Convention at Rich- 
 mond, 29; vote by, on Ordi- 
 nance of Secession, 30; mem- 
 ber of Committee on Federal 
 Relations, 11. 
 
 McDermot, John F., Proprietor of 
 Wheeling Intelligencer, 4. 
 
 McFarland. William H., mem- 
 ber of Committee on Federal 
 Relations, 11. 
 
 McGrew, James C., member of Se- 
 cession Convention at Rich- 
 mond, 29; vote by, on Ordi- 
 , nance of Secession, 30; attends 
 meeting of Western members 
 of Convention at Powhatan Ho- 
 tel, 30; expelled from Conven- 
 tion, 31. 
 
 McGuire, Edward D., elected 
 member of Secession Conven- 
 tion at Richmond, to fill seat 
 made vacant by expulsion of 
 John J. Jackson, 32. 
 
 i 
 
 X. 
 
 National Congress, election of 
 members of, prohibited in Vir- 
 ginia, 15; Southern members 
 iresign seats in, 8. 
 
 Newman, Henry, member of Sec- 
 ond Convention at Wheeling, 
 80; obtained consent to vote 
 on ordinance creating a new 
 State, 300. 
 
 New Year’s Day — that of 1861, 7. 
 
 New York, State of, mentioned, 
 11 . 
 
 Nicholls, John D., member of Sec- 
 ond Convention at Wheeling, 
 79; remarks by, 110, 119, 124, 
 192, 276, 292; motion by, 118; 
 resolution by, 2 97. 
 
 Northwestern Virginia, Conven- 
 tion of the People thereof, 35. 
 
Index. 
 
 IX 
 
 o. 
 
 Oath of office subscribed to, by 
 officials under the Restored 
 Government of Virginia, 140. 
 
 Ohio County, Action of people 
 therein, 3,. 25, 26, 27, 28. 
 
 Ohio, State of, mentioned, 11; 
 'river, 4. 
 
 Ordinance of Secession, Resolu- 
 tions regarding, adopted by 
 people of Richmond, 15; 
 schedule accompanying, 15; 
 text of, 14. 
 
 Ordinance, for reorganization of 
 the State Government adopted 
 by the Second Convention at 
 Wheeling, 92; to authorize the 
 apprehending of suspicious 
 persons in time of war, 116; 
 fixing the compensation of cer- 
 tain officers therein mentioned, 
 118; relating to the receipts and 
 (disbursements of a Public rev- 
 enue, and providing for the ap- 
 pointment of an Auditor, Treas- 
 urer, and Secretary of the Com- 
 monwealth of Virgijnda, 148; 
 relating to the collection of the 
 (Public Revenue, 153, 201; re- 
 quiring the evidence of the tak- 
 ing of certain Oaths to be filed 
 in the office of the Secretary 
 of the Commonwealth of Vir- 
 ginia, 154; providing for the 
 discharge of the duties of the 
 Board of Public Works, 194; 
 discharge of duties of Second 
 Auditor, 194; declaring null 
 and void the Proceedings of Se- 
 cession Convention at Rich- 
 mond, 195; providing for the 
 (publication in newspapers of 
 the Ordinances of the Conven- 
 tion, and the public laws passed 
 by the General Assembly, 195; 
 ascertaining and declaring in 
 'what cases offices are vacated 
 'under Declaration of June 17, 
 1861, 202, 298; to provide for 
 the punishment of certain of- 
 fences and for other purposes, 
 2 02; for the division of the 
 State, 204; to provide for the 
 formation of a new State out 
 of a portion of this State, 2 84, 
 317; providing for the appoint- 
 ment of collectors of the Pub- 
 lic Revenue in certain cases, 
 (298; to provide for the election 
 of representatives in the Con- 
 gress of the United States, 299; 
 
 increasing the compensation of 
 the Adjutant General, during 
 the continuance of hostilities in 
 the Commonwealth of Virginia, 
 ;299. 
 
 Orick, Johnson, member of Seces- 
 sion Convention at Richmond, 
 29; vote by, on Ordinance of 
 Secession, 30. 
 
 Osburn, Logan, member of Seces- 
 sion Convention at Richmond, 
 2 9, vote by, on Ordinance of 
 Secession, 30. 
 
 P. 
 
 Parsons, Solomon, member of Sec- 
 ond Convention at Wheeling, 
 80; remarks by, 90, 115. 
 
 Patrick, Spicer, member of Seces- 
 sion Convention at Richmond, 
 29; vote by, on Ordinance of 
 Secession, 30; attends meet- 
 ing of Western members of Se- 
 cession Convention at Powhatan 
 Hotel, 30. 
 
 Paxton, James W., member of 
 Second Convention at Wheel- 
 ing, 80: remarks by, 87, 217, 
 222; motion by, 95. 
 
 Pendleton, Edmund, member of 
 Secession Convention at Rich- 
 mond, 29; vote by, on Ordi- 
 nance of Secession, 30. 
 
 Pendleton, Joseph H., elected by 
 Secession Convention to fill 
 seat made vacant by expulsion 
 of Chester D. Hubbard, 32; 
 mentioned, 4. 
 
 Pennsylvania. State of, mention- 
 ed, 11. 
 
 Phelps, Rev. John M., opened 
 Convention with prayer, 198. 
 
 Pickett, Joseph D., member of Se- 
 cession Convention at Rich- 
 mond, 29; elected to fill va- 
 cancy made by expulsion of 
 Campbell Tarr, 32. 
 
 Pickens, Governor of South Car- 
 olina, telegram to Governor 
 Letcher, 13. 
 
 P'ierpont, Francis H., member of 
 Second Convention at Wheel- 
 ing, SO; remarks by, 40, 58, 59, 
 61, 89; resolutions by, 78, 85; 
 speech of, In Second Conven- 
 tion, 159, 170; report by, of 
 Committee on Organization, 
 81, nominated and elected Gov- 
 ernor under Restored Govern- 
 ment, 140; addressed Conven- 
 tion, 279; Proclamation of, 
 
X 
 
 Index. 
 
 convening Constitutional Con- 
 vention, 318; issues Thanks- 
 giving Proclamation, 318; men- 
 tioned, 229, 322. 
 
 Polsiey, Daniel, member of Sec- 
 ond Convention at Wheeling, 
 80; remarks by, in First Con- 
 vention at Wheeling, 5S, 60, 
 64; remarks in Second Con- 
 vention, 200, 211, 227, 228, 
 229, 231, 232, 277, 281, 289, 
 2 95; resolution by, 199; nomi- 
 nated and elected Lieutenant 
 Governor of “Virginia under 
 Restored Government, 141; 
 entered upon the duties of 
 Lieutenant Governor of Vir- 
 ginia, 145. 
 
 Porter, George McC., member of 
 Secession Convention at Rich- 
 mond, 29; vote by, on Ordi- 
 nance of Secession, 30; attends 
 meeting of Western members 
 of Secession Convention at 
 Powhatan Hotel, 30; expelled 
 from Convention, 31; report of, 
 as Chairman of Committee of 
 State and Federal Relation, 
 in First Convention at Wheel- 
 ing, 54; member of Second 
 Convention at Wheeling, 80; 
 motion by, 155. 
 
 Preston, John S., Commissioner 
 from South Carolina, addres- 
 ses Secession Convention at 
 Richmond, 12. 
 
 Preston, William Ballard, mem- 
 ber Secession Convention at 
 Richmond, 29; member Com- 
 mittee on Federal Relations, 
 11 . 
 
 Preston County, Action of People 
 therein, 2 4. 
 
 Price, Samuel, member Secession 
 Convention at Richmond, 29; 
 vote by, on Ordinance of Seces- 
 sion, 30; member of Committee 
 on Federal Relations, 11. 
 
 Pugh, David, member of Seces- 
 sion Convention, at Richmond, 
 29; vote by, on Ordinance of 
 Secession, 30. 
 
 R. 
 
 Radcliffe, William, member of 
 Second Convention at Wheel- 
 ing, 80; qualified and took 
 seat, 153. 
 
 Report of Compromise Commit- 
 tee, vote on, 2 9 5. 
 
 Restored Government of Virginia, 
 beginning' of, 142. 
 
 Richardson, William H., Adjutant 
 General of Virginia, communi- 
 cation from,, 20. 
 
 Richmond, State Convention at, 
 5. 
 
 Ritchie, A. F., member of Second 
 Convention at Wheeling, 80; 
 remarks by, 218; resolution 
 by, 2 00; submits letter from 
 Edward Bates, Attorney Gen- 
 eral of United States, 219. 
 
 Rives, Timothy, member of Com- 
 mittee on Federal Relations, 
 li . 
 
 Rhode Island, State of, mention- 
 ed, 11. 
 
 Roberts, T. A., member of Sec- 
 ond Convention at Wheeling, 
 80 . 
 
 Roberts, Jonathan, adverse re- 
 port, on credentials of, 192, 
 196, 198. 
 
 Robinson, John A., elected mem- 
 ber of Secession Convention at 
 Richmond, to fill seat made va- 
 cant by expulsion of John S. 
 fBurdett, 32. 
 
 Ruffner, Lewis, member of Second 
 Convention at Wheeling, 80. 
 
 S. 
 
 Schedule Accompanying Ordi- 
 nance of Secession, 15; prohib- 
 its election of members of Na- 
 tional Congress, 15. 
 
 Scott, Robert E., member of Com- 
 mittee on Federal Relations, 
 1 1 . 
 
 Scott, James F., member of Sec- 
 ond Convention at Wheeling, 
 SO. 
 
 Secession, Ordinance of, adopted 
 by Richmond Convention, 14, 
 29; List of Western Virginians 
 who were members thereof, 29. 
 
 Senseny, George S., member of 
 First Convention at Wheeling, 
 55; remarks by, 40. 
 
 Shuttleworth, John H., member 
 of Second Convention at Wheel- 
 ing, 79. 
 
 Shuttleworth, Benjamin F., mem- 
 ber of 'Second Convention at 
 Wheeling, 80. 
 
 Slack, Greenbury, member of Sec- 
 ond Convention at Wheeling, 
 80 . 
 
 Smith, Rev. Wesley, opened Con- 
 vention with prayer, 79, 115, 
 203. 
 
Index. 
 
 xi 
 
 Smith, James, member of Second 
 (Convention at Wheeling , 80; 
 credentials, presented, 184. 
 
 Smith, C. W., member of Second 
 Convention at Wheeling, 80. 
 
 Smith, John L., member of Sec- 
 ond Convention at Wheeling. 
 SO. 
 
 Smith, Fontain, member of Sec- 
 ond Convention at Wheeling, 
 80; remarks by, 216, 218, 220, 
 227, 245, 246, 294, 295, 296; 
 motion by, 199. 
 
 Smythe County, Resolutions of 
 People of, 13. 
 
 Snider, Joseph, member of See- 
 jond Convention at Wheeling, 
 80; remarks by, 190, 216, 217, 
 276; resolution by 123; men- 
 tioned, 216, 217. 
 
 South Carolina, Ordinance of Se- 
 cession of, 7. 
 
 Southall, Valentine W., member 
 of Committee on Federal Rela- 
 tions, 11. 
 
 Spurlock, Burwell, member of 
 Secession Convention at Rich- 
 mond, 29; vote by, on Ordi- 
 nance of Secession, 30. 
 
 State Convention, provided for, 
 9; assembles at Richmond, 10. 
 
 Stephens, Alexander H., Vice- 
 President of Confederate States, 
 8; arrival in Richmond, 16, 17; 
 Commission from Jefferson Da- 
 vis to treat with Virginia, 16. 
 
 Stuart, Chapman J., member of 
 Secession Convention at Rich- 
 mond, 29; vote by, on Ordi- 
 nance of Secession, 30; attends 
 meeting of Western members of 
 Convention at Powhatan Hotel, 
 30; expelled from Convention, 
 31; member of Second Conven- 
 tion, at Wheeling, 79; re- 
 marks fay, 93, 94, 96, 
 
 ,110, 146, 18S, 190, 191, 199, 
 204, 241, 248, 252, 254, 255, 
 277, 278, 290, 293, 297; mo- 
 tions by, 111, 151, 189, 275, 
 2 94, 297;' speech of, in Ad- 
 journed Session, 312-315; men- 
 tioned, 2 80. 
 
 Summers, George W., member of 
 Secession Convention at Rich- 
 mond, 29; vote by, on Ordi- 
 nance of Secession, 30. 
 
 Swan, Remembrance, member of 
 Second Convention at Wheel- 
 ing, SO. 
 
 Swearingen, E. B., mentioned, 4. 
 
 T. 
 
 Taft, Nathan H., member of Sec- 
 ond Convention at Wheeling, 
 
 7 9 ; admitted to seat in Con- 
 vention as successor of Spencer 
 pDayton. 
 
 Tarr, Campbell, member of Seces- 
 sion Convention at Richmond, 
 29; vote by, on Ordinance of 
 Secession, 30; attends meeting 
 of Western members of Con- 
 vention at Powhatan Hotel, 30; 
 expelled from Convention, 31; 
 member of First Convention at 
 Wheeling, 55; remarks by, 40; 
 motions by, 279, 281, 292; 
 
 member of Second Convention 
 'at Wheeling, 79; remarks by, 
 78, 125, 290. 
 
 Taylor, Oliver ]., mentioned, 4. 
 
 Telegram from Jefferson Davis to 
 Governor Letcher, 16. < 
 
 Todd, Samuel B., member of Sec- 
 ond Convention at Wheeling, 
 80; remarks by, 91; # resolu- 
 tion by, 189; mentioned, 283. 
 
 Trans-Allegheny Regions, Loyal- 
 ty of People therein to Federal 
 Government, 2 4 . 
 
 Tredway, William M., member of 
 Committee on Elections, Se- 
 cession Convention at Rich- 
 mond, 11. 
 
 Trout, James II., member of Sec- 
 ond Convention at Wheeling, 
 80. 
 
 Turner, Franklin P., member of 
 Secession Convention at Rich- 
 mond, 29; vote by, on Ordi- 
 nance of Secession, 30. 
 
 Tyler, ex-President John, mem- 
 ber of Secession Convention at 
 Richmond, 10. 
 
 Tyler County, Action of People 
 therein, 2 7. 
 
 U. 
 
 United States, Allegiance thereto 
 by People of Virginia, absolv- 
 ed, 21; Senators, from Virginia 
 under Restored Government, 
 (election of, 143. 
 
 Vance, John C., member of Sec- 
 ond Convention at Wheeling, 
 80; remarks by, 124, 126, 128, 
 134; 'motion by, 133. 
 
 Van Winkle, Peter G., ‘member of 
 Second Convention at Wheel- 
 ing, SO; remarks by, 90, 106, 
 107, 112, 113, 121, 134, 138, 
 185, 186, 193, 195, 19S, 216, 
 
Index. 
 
 xii 
 
 224, 245, 246, 270, 281, 282, 
 2 87, 297; motions by, 113, 130, 
 183, 186, 1 89, 193, 194, 197, 
 198, 203, 211, 212; resolutions 
 by, 1S4, 194, 203; report by, 
 from Committee on Division of 
 the State, 189; report from 
 Comfmitteie on Business, 155, 
 200, 201, 212, 298; report by, 
 from Committee on Revision of 
 Ordinances, 300; report by, 
 from Compromise Committee, 
 282; mentioned, 216, 255, 275. 
 
 Virginia, beginning of Restored 
 Government of, 142; Restored 
 Government of, 3, 5; Conven- 
 tion of, with Confederate 
 States, 17, 18; People of, ab- 
 solved from Allegiance to Unit- 
 ed States, 21; Public Debt of, 
 referred to, 121, 224, 225, 246, 
 253, 255; provision relating to, 
 287. 
 
 W. 
 
 Waggener, Charles B., Secretary 
 of First Convention at Wheel- 
 ing, 3; member of Second Con- 
 vention. 80. 
 
 Watson, James O., member of 
 Second Convention at Wheel- 
 ing, 80; qualified and took 
 
 seat, 136. 
 
 West, James G., member of Sec- 
 ond Convention at Wheeling, 
 SO; remarks by, 137, 151, 187, 
 193, 196. 197, 198, 204, 216, 
 
 218, 263, 264, 271, 275, 281, 
 
 .294, 301; motions by, 131, 
 
 151, 186, 198, 203, 206, 275, 
 
 300, 301; resolutions by, 
 
 183, 192, 270, 280; report 
 
 by, as chairman of Commit- 
 tee on Division of the State, 
 204; mentioned, 201. 
 
 West Virginia, new Stale of, men- 
 tioned, 4; Act. for Admis- 
 sion thereof into the Union, 
 132 5; beginning of the New 
 IState Government, 32 6. 32 7; 
 first State officials of, elected, 
 335. 
 
 Western Virgnia, members of, 
 in Secession Convention at 
 Richmond, 29; members there- 
 of, expelled from the Conven- 
 tion, 31. 
 
 Wetzel/Lewis, member of Second 
 Convention at Wheeling, 80. 
 
 Wheat, James S., member of First 
 Convention at Wheeling, 56; 
 
 remarks by, 49, 52, 60; resolu- 
 tion by, 48; elected Attorney 
 General of Virginia under Re- 
 stored Government, 152, 
 
 "Wheeling, Ciity of, mentioned, 3; 
 Constitutional Convention at, 5, 
 318, 319; meeting of the Peo- 
 ple of the Northwestern Con- 
 vention thereat, 35; Second 
 Convention tlbereart, 78; Pub- 
 lic Library of , 4; Island of, 3, 
 4. 
 
 Willey, Waitman T., member of 
 Secession Convention at Rich- 
 mond, 29; vote by, on Ordi- 
 nance of Secession. 30; mem- 
 ber of Committee on Federal 
 Relations, 11; expelled from 
 Convention, 31; member of 
 First Convention at Wheeling, 
 56; remarks by, 42, 45, 46, 47, 
 49, 57, 58, 60, 66, 67, 6S, 69, 
 70; mentioned, 229. 
 
 Williams, Samuel C., member of 
 Committee on Federal Rela- 
 tions, 11. 
 
 Williamson. James A., member 
 of Second Convention at Wheel- 
 ing, SO. 
 
 Williamson, James W., member 
 of Second Convention at Wheel- 
 ing, SO; failure to attend, 80; 
 name stricken from the roll, 
 135. 
 
 Wilson, Benjamin, member of 
 Secession Convention at Rich- 
 mond, 2 9. 
 
 Wilson, Andrew, member of Sec- 
 ond Convention ait Wheeling, 
 80; administered oath of office 
 to Governor Pierpont, 145. 
 
 Wise, Henry A., member of Com- 
 mittee on Federal Relations, 11. 
 
 Withers, Henry W., member of 
 Second Convention at Wheel- 
 ling, 7 9. 
 
 Wood County, Action of People 
 therein, 2 6. 
 
 Woods, Samuel* member of Seces- 
 sion Convention at Richmond, 
 29; vote by, on Ordinance of 
 Secession, 30. 
 
 Z. 
 
 Zinn, William B., member of Sec- 
 ond Convention at Wheeling, 
 80; temporary President of 
 Convention, 35; mentioned, 
 200. 205; remarks by,. 234; 
 motion by, 217; presented Pe- 
 tition of Citizens of Preston 
 County, 192. 
 
\ 
 
 
 
 
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