Читать книгу Lincoln's Plan of Reconstruction - Charles H. McCarthy - Страница 9

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The Federal Government, as already observed, was constrained at an early stage of the Civil War to define its attitude toward loyal citizens of the seceding States. The earliest indications of the policy adopted may be discerned in the case of Virginia, which presents the only instance of a people in any of the insurrectionary States organizing open resistance to revolution. All departments of government in that Commonwealth having gone over to rebellion, the loyal minority were left without any organization for the conduct of domestic affairs. In these circumstances they called a convention which by an original act of sovereignty reconstituted the government. The progress of the conflict was attended in that State by consequences not elsewhere observed, and it is chiefly because of this fact that a slight departure from exact chronological order is believed to be justified. The principles which guided the Administration will be easily comprehended by considering their application to the novel and somewhat embarrassing questions that arose before rebellion was finally crushed within the borders of that once glorious Commonwealth.

“The Convention of Virginia” which, by authority of the Legislature, assembled at Richmond, February 13, 1861, passed on April 17 following an ordinance of secession from the United States.^[154] Though the injunction of secrecy was never removed from this proceeding, the tally, discovered soon after among the private papers of a member, shows that 88 delegates favored and 55 opposed the measure; one was excused from voting, eight were either absent or silent.^[155] This strong opposition is explained in part by the physical characteristics of the State.

The principal chain of the Alleghanies formed in the western portion of the Old Dominion a lofty range which parts the streams finding their way into the Ohio and the Potomac from those that reach the lower waters of Chesapeake Bay or the sounds of North Carolina. The country southeast of this ridge, including the Shenandoah Valley, the Piedmont district, the middle division and the tide-water region, contained about three fourths of the white inhabitants, and something less than three fourths of the area, of Virginia. In this section were found many large tobacco plantations cultivated almost exclusively by negroes. Indeed, it was in the light soil of the tide-water counties of Virginia that English settlers in America first attempted, nearly two and one half centuries before, the memorable experiment of African slave labor. Soon after 1808, when their importation was prohibited by act of Congress, slaves were bred in Virginia to supply the demand of Southern markets, and by 1860 the bondmen in that Commonwealth had become almost two thirds as numerous as the master race.^[156] It is sufficiently accurate to say that the triangular district bounded on the north by the winding course of the Potomac, by the parallel of 36° 31′ on the south and stretching from the Atlantic to the crest of the Alleghany mountains, comprised all that part of “the good old commonwealth” which was then either historically important or interesting. This prolific soil was the birthplace of many of America’s most illustrious sons; its inhabitants for the most part were proud to trace their descent from the earliest settlers along the James; many were wealthy, and all had long been distinguished for their hospitality.

Beyond this favored region the country, which slopes gradually down to the upper Potomac and the Ohio, is marked by a succession of parallel ranges separated by fertile valleys; but like the large tract which encircled the Adirondacks and a similar one in northern Pennsylvania, the Virginian wilderness remained untouched by the ceaseless tide of immigration which at the close of the Revolution swept westward from the Atlantic seaboard. For this uninviting region the second Federal census indicates less than two inhabitants to the square mile; by 1810 pioneers from the line of the Ohio river encroached on its silent forests. At the next census, however, a portion was still unoccupied, but in the succeeding decennial period it received from various points, chiefly from Pennsylvania, Ohio and New England, many enterprising and thrifty settlers. The sixth census, that of 1840, represents the entire tract as sparsely inhabited.^[157] Its abundant resources, then but little developed, subsequently gave rise to a great variety of profitable industries, and it advanced rapidly in population. Extensive plantations, however, were few; the number of slaves, owing somewhat to the facility for escape, had always been small, and in the ten years preceding the outbreak of hostilities had actually diminished by upwards of two thousand.^[158] Though it then contained nearly one fourth of the whites, it included no more than one thirtieth of the negroes in the State. Their labor, too, except in other than agricultural occupations, afforded little remuneration. In consequence of its productions as well as its location both the interests and sympathies of the people were with the adjoining States of Ohio and Pennsylvania.

But, apart from geographical considerations, northwestern Virginia had a grievance of long standing: for years its inhabitants had complained that they were not fairly represented in the Legislature, and the immunity from taxation enjoyed by their fellow-citizens east of the mountains was a discrimination too gross to escape attention. The slave oligarchy, they declared, possessed and wielded for its own advantage the political power of the State. The question of its dismemberment had been discussed as early as 1829–30, when the mountain sons of Virginia were on the verge of revolution. The East then yielded a pittance of power, which, though far short of the demands of justice, reconciled western Virginians for the time. In 1850 they were again on the point of insurrection. On this occasion adequate representation was conceded in the lower though withheld in the upper chamber of the General Assembly, the dominant party thus retaining control of that body as well as the benefits of a constitutional provision by which slaves under the age of twelve years were exempt from taxation, and of those liable to assessment none could be valued at more than three hundred dollars even if worth in the market a thousand dollars or upwards.^[159] Moreover, much of the public revenue was expended upon internal improvements for the eastern section of the State. The Shenandoah Valley, at one time showing signs of discontent, was bound by the construction of railways, in social as well as in commercial life, more firmly to Richmond. In short, the Alleghanies formed a barrier almost completely cutting off intercourse between the two divisions. Their relations were well expressed by Governor Pierpont, who told Senator Wade that there was no communication whatever between the people except the furnishing a few members to the Legislature and a few inmates of the penitentiary.^[160] Their different interests tended to alienate the sections; the hand of nature had traced the line of separation.

Now, however, that a crisis was impending, the Richmond authorities, to harmonize every element within their Commonwealth, were willing to forego this privilege; to share the burdens of State administration, to meet State liabilities, and generally to place themselves on a footing of equality with their fellow-citizens along the Ohio. This concession, by a majority of 50,000, was actually extorted in an election from the prudence or the fears of disunionists whose magnanimity was duly emphasized by Governor Letcher in an appeal to the people of the northwest.^[161] The latter refused, notwithstanding, to acquiesce in the action of the secession convention which, so far as it was able to do so, carried their State, as a political organization, out of the Union.

It may be affirmed generally that the professional politicians and large property owners of this region were disloyal;^[162] State officials with surprising unanimity were ardent advocates of secession and active in committing their Commonwealth to its support. An overwhelming proportion of the plain people, however, were devotedly attached to the Union and determined on its preservation. Therefore when the Richmond State government attempted to execute its laws in these parts it encountered the most spirited resistance. Especially was this true in the Pan Handle counties, where opposition was promptly organized.

Probably the first consultation upon the grave questions that had arisen was held at the Court House in Wellsburgh, Brooke County, where a large number of citizens from that and the adjacent county of Hancock assembled to hear the report of Mr. Campbell Tarr, their delegate to Richmond. From Harrison came Hon. John S. Carlile, who, like Mr. Tarr, narrowly escaped with his life from that city, where he had represented his county in the convention. They reported the proceedings of that body and urged immediate preparation to resist. As a result of this discussion a committee of four was appointed to procure arms and ammunition in Washington. En route thither they had an interview at Harrisburg with Governor Curtin, who not only expressed sympathy with their object, but promised assistance if necessary. On arriving at the national capital they called upon Hon. Edwin M. Stanton, who was a native of Steubenville, Ohio, and a warm personal friend of each member of the committee. They were immediately presented to Mr. Cameron, Secretary of War, who, on learning the purpose of their visit, manifested some hesitation as to his legal right to comply with their request. Upon this Mr. Stanton declared with emphasis that “the law of necessity gives the right,” and added, “let them have arms and ammunition; we will look for the book law afterwards.”^[163] Two thousand rifles with suitable ammunition were then furnished, and as security for their proper use Mr. Stanton tendered his own name. From Wellsburgh, where they were temporarily kept in expectation of a rebel attack, these arms were sent for distribution to Wheeling.

United States troops from Ohio and Indiana together with local volunteers soon drove the Confederate forces from this region, and subsequently, though often menaced, it was almost exempt from the ravages of war.^[164] Thus encouraged, Union men resolved to form a political organization coextensive with Virginia or to establish a separate and distinct State. Preliminary movements toward that end were promptly inaugurated, and, April 22, 1861, five days after the passage of the ordinance, nearly 1,200 citizens of Clarksburgh denounced in a public meeting the action of the secession convention and recommended the people of northwestern Virginia to assemble on May 13 at Wheeling. On the 4th a Union mass meeting had been held at Kingwood, near the northern border. The separation of western from eastern Virginia was declared by this body to be essential to the maintenance of their liberties. They also resolved to elect a Representative to Congress. On the following day there convened at Wheeling another assemblage, which considered the question of separating from that portion of the State in rebellion. About the same time other gatherings were held in different localities.

There were thousands of eager and earnest patriots in the city of Wheeling on May 13, when nearly four hundred delegates, mostly appointed by primary meetings, and representing twenty-six counties, assembled to deliberate on the situation. The best method of organizing opposition to treason was the question: how to inaugurate a government which the Federal authorities would recognize and protect?^[165] On this important subject there is said to have been considerable diversity of opinion; the decision finally reached was based upon a suggestion by one of the members that since Governor Letcher and other State officers, by adhering to the pretended ordinance of secession, had forfeited their powers, and the existing constitution made no provision for such an emergency, the only way was to ask the people, the source of all political power, to send delegates to a convention authorized to supply their places with loyal men. This proposal was presented to the meeting and adopted with great unanimity.^[166] A General State Committee, empowered to appoint sub-committees in all counties where practicable, was then named, and a stirring address put forth. It announced their purpose and urged all loyal citizens to elect representatives to a second convention. Copies of this appeal were sent to influential citizens throughout the State, and it was agreed after a session of three days to choose on May 26 delegates to the proposed convention.

This election having been held at the time appointed, representatives from nearly forty counties assembled at Wheeling on June 11. The convention, numbering 98 members, organized by selecting for its president Hon Arthur I. Boreman. Before proceeding to business the following oath was administered to the delegation from each county: “We solemnly declare that we will support the Constitution of the United States and the laws made in pursuance thereof, as the supreme law of the land, anything in the Ordinance of the Convention that assembled in Richmond on the 13th day of February last to the contrary notwithstanding, so help us God.”^[167] The State government was reconstituted on the 13th by an ordinance declaring vacant all places, whether legislative, executive or judicial, whose incumbents had espoused the cause of secession. This class, as already observed, included nearly every official in Virginia. These vacancies the convention supplied by the appointment of loyal men. In the constitution they made an important alteration which prescribed the number of delegates necessary to constitute a quorum in the General Assembly. All State, county and town officials were required to take an oath of allegiance which pledged support of both the Federal Constitution and the restored government of Virginia. On June 17 a declaration of independence was adopted without one dissenting voice; it denounced the usurpation of the Richmond convention, which had assumed to place the resources of Virginia at the disposal of the Confederate Government, to which power it repudiated allegiance. Resolutions expressing a determination never to submit to the ordinance of secession, but to maintain the rights of Virginia in the Union, were then passed. All persons in arms against the national Government were commanded to disband and to return to their allegiance. Though the members seriously endeavored to reorganize their government, it was with an express declaration that a division of the Commonwealth was a paramount object of their labors, and they decided, June 20, by a unanimous vote in favor of ultimate separation.

Under an ordinance previously adopted Hon. Francis H. Pierpont was chosen Governor on the same day; a lieutenant-governor, an attorney-general and an executive council of five were also appointed. Other administrative offices were subsequently filled. The new incumbents were to exercise their functions for six months or until successors should be elected and qualified. The convention on June 25, subject in an emergency to be reassembled by the Governor and Council, then adjourned to August 6, 1861.

Before concluding this session the convention directed all members willing to swear fealty to the Union, who were elected to the assembly on May 23 preceding, to meet on the 1st of July at Wheeling. At the time of their election these representatives were destined for Richmond. In addition to those regularly chosen under the old law of the Commonwealth, others pursuant to an ordinance of the convention were elected to fill vacancies. All were to qualify themselves by taking an oath or affirmation of allegiance to the United States and to the reorganized government of Virginia. These members, chiefly from the western counties, were to compose the law-making body, which was invested with all the powers and duties pertaining to the General Assembly.

The new Governor was inaugurated on June 20, and, after taking the oath of office, said: “We have been driven into the position we occupy to-day by the usurpers at the South, who have inaugurated 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 bound to assume the position we have assumed to-day for the protection of ourselves, our wives, our children, and our property. We, I 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.”^[168]

“It was not the object of the Wheeling convention,” he declared on a later occasion, “to set up any new government in the State, or separate, or other government than the one under which they had always lived.”^[169]

From these utterances his hearers must have concluded that the reorganized government was not for a part but for the whole of Virginia. Indeed, it was to the discernment of Mr. Pierpont that Virginia loyalists were chiefly indebted for a legal solution of the intricate problem that confronted them. While Carlile and others were urging a counter-revolution, Mr. Pierpont was carefully studying the provisions of the Federal Constitution. The clause of that instrument which guarantees a republican form of government was designed, he believed, to meet just such an emergency as had arisen. Though this conservative suggestion was not at first received with much favor, it continued gradually to win adherents until its propriety was universally recognized.^[170] By thus proceeding along constitutional lines a State government in all its branches was soon established in every county not occupied by an armed foe.

The Legislature of the restored State assembled, July 2, at Wheeling and assumed the full exercise of its powers. Two United States Senators, Waitman T. Willey, whose fidelity many considered doubtful, and John S. Carlile, an able, eloquent and then a trusted leader, were elected, July 9; the former to fill the vacancy occasioned by the withdrawal of James M. Mason, the latter to succeed Robert M. T. Hunter, who also had abdicated his seat in Congress. Both were admitted, though not without a vigorous protest from the minority, to seats at the first session of the Thirty-seventh Congress, which met on July 4, 1861.

Their certificates were presented, July 13, by Andrew Johnson. Senator Bayard entered a protest. Their admission, he said, would be a recognition of an organization that was not the regular government of the Commonwealth. Mr. Letcher was still Governor of Virginia, his term not having expired. The Senate had no authority to create a new State out of a part of an existing one. He then moved to refer their credentials to the Committee on the Judiciary. His colleague, Mr. Saulsbury, objected, that Mason and Hunter were not expelled until July 11, whereas the claimants were appointed two days previously, at a time when no vacancies had occurred. To this Senator Johnson replied that the vacancies did in fact exist at the time of their election, July 9, and that the expulsion of Mason and Hunter was not merely a declaration that vacancies existed, but their seats were regarded as filled, and the occupants expelled from the floor of the Senate.

Mr. Bayard denied that, even if Mason and Hunter were guilty of the alleged crimes, there was any power in either the Governor or Legislature to terminate their appointments; they might die, they could be removed by expulsion, but vacancies could not be anticipated by the Legislature of Virginia. The name of Mr. Pierpont could convey no authority to their credentials. On the question of reference five Senators voted in the affirmative, thirty-five in the negative. The oath was therefore administered and they took their seats, July 13, at the special session which began on the 4th.^[171]

A resolution was passed by the House of Delegates of the reorganized government instructing the Senators and requesting their Representatives in Congress to vote the necessary appropriation of men and money for a vigorous prosecution of the war, and to oppose all compromise. A stay law was also enacted by the Legislature, and a bill passed which authorized the Governor to organize a patrol in such counties as might require it; two hundred thousand dollars were appropriated for military purposes.

On August 6, 1861, the Wheeling convention reassembled. Hitherto in all its proceedings relative to a reorganization there had been great unanimity, but when the delegates returned they were conscious of a strong popular sentiment in favor of erecting a new State, a subject that had been introduced, though not much discussed, before adjournment. This determination among their constituents seriously troubled many of the members. Political aspirations had been awakened; many of them had enjoyed the benefits of the humbler offices under the mother State; the Union forces, it was confidently expected, would soon crush the insurrection in Virginia, and the reorganized government, with themselves at its head, would be acquiesced in by their recent oppressors. To their ambition this hope was far more flattering than the prospect of administering the affairs of a comparatively small State on the western frontier of the Old Dominion. Then, too, the idea of dismemberment was certain to wound Virginia State pride. Moreover, the movement to form an independent commonwealth, when the reorganized government itself had been scarcely recognized, would look premature. Sentiments of this nature had begun to possess the minds of many delegates about the time of their return.

In compliance with what appeared to be a popular demand, however, these considerations were disregarded, and the convention by a vote of 50 to 28 passed an ordinance authorizing the formation out of the Commonwealth of Virginia of a new State to be called Kanawha, which was to embrace thirty-nine counties between the Alleghanies and the Ohio, provided the people thereof, at an election to be held on October 24, should express themselves in favor of such a measure; on certain prescribed conditions other contiguous counties could be annexed. At the election which was to decide this important question delegates to a constitutional convention were also to be chosen, and, if separation was approved by the people, these representatives were to assemble at Wheeling on November 26 and organize themselves into a convention. Any constitution which they might adopt was to be submitted to the qualified electors of the counties concerned. The new commonwealth was to assume a just proportion of Virginia’s public debt as it existed prior to January 1, 1861; private rights derived from her laws were to be valid under the proposed State, and were to be determined by the laws then existing in Virginia.^[172]

The convention, as previously noted, reassembled on August 6. Three days later one A. F. Ritchie, a member from Marion County, forwarded to Attorney-General Bates at Washington a letter which requested and received an immediate reply. Mr. Ritchie published the response, of which this is the important part:

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 will of the revolutionists). Any attempt to carry it out involves a plain breach of both the constitutions—of Virginia and of the Nation. And hence it is plain that you cannot take such a course without weakening, if not destroying, your claims upon the sympathy and support of the General Government, and without disconcerting the plan already adopted by both Virginia and the General Government for the reorganization of the revolted States and the restoration 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 own allegiance to and claim protection of the Constitution—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 constitutional nucleus around which all the shattered elements of the commonwealth 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 recognized and acted upon by the General Government here. Your convention annulled the revolutionary proceedings at Richmond, both in the Convention and the General Assembly, and your new Governor formally demanded of the President the fulfillment of the constitutional guaranty 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 new and nameless State, now for the first time heard of in our history, but as representing “the good old commonwealth.”

Must all this be undone, and a new and hazardous experiment be ventured upon, at the moment when dangers and difficulties are thickening around us? I hope not. … I had rejoiced in the movement in Western 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 subject in its various bearings. What I have written is written with a running pen and will need your charitable criticism.

If I had time to 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.^[173]

Mr. Ritchie, who had opposed a dismemberment of the old Commonwealth, was anxious, no doubt, to justify his vote by the endorsement of an eminent public character, and it is not improbable that before finally determining his action in so important a matter he was desirous of the opinion of some member of the Administration. Mr. Bates’s communication is dated the 12th; the convention did not adjourn till the 25th of August. At any time prior to January 1, 1862, it was subject to be reassembled by its president or by the Governor.

The election of October 24, by a vote of 18,408 to 781, decided in favor of a division of the Commonwealth.^[174] At the same time fifty-three delegates, representing forty-one counties, were chosen to frame a constitution for the proposed State. Of this convention John Hall was elected president and Ellery R. Hall secretary. The task before it, by no means an easy one, was to draft a fundamental law that would secure the approval of the people of western Virginia, of the Legislature of the restored State and of Congress. After a session of nearly three months it adjourned, February 18, 1862. Commissioners to convoke this body, should its work be recognized by Congress, had first been appointed. On December 3 preceding the name of the new State was changed to West Virginia.

In the convention were many members who desired silence on the subject of slavery; others saw clearly that to ignore the cause of their present troubles would ensure a rejection of their work by Congress. This element felt assured that the temper of the national Legislature would not indulge the slave power by giving it two additional Senators besides an increase of strength in the Electoral College. There was also a sentiment which desired a postponement of the disturbing question until all others had first been determined. The friends of gradual emancipation were warned by leading Republicans in Congress that the constitution would not be recognized without a satisfactory provision on this subject. The “peculiar institution,” however, still possessed influence enough to defeat such a purpose, and the convention adjourned without inserting any expression concerning slavery. Still, the friends of emancipation did not despair. Mr. Parker, one of these, caused to be printed in Ohio instructions to their assemblymen to make the following provision a part of their constitution if the speedy admission of the new State into the Union should appear to require it: “All children born of slave mothers in this State, after the constitution goes into operation, shall be free, males at the age of twenty-eight years, and females at the age of eighteen years, and the children of such females to be free at birth.”^[175]

This unauthorized action of Mr. Parker, in connection with appeals through the newspapers, was not without effect. At their county-seat the citizens of Upshur passed, among other resolutions, the following: “That we, the citizens of Upshur County, do endorse and accept the policy recommended by the present Chief Magistrate of the United States, (Abraham Lincoln) in his message of the 6th of March, 1862, to Congress, in regard to the emancipation of the slaves of the border States, as the policy that should be adopted by the people of West Virginia; and we do now pledge ourselves to advocate, defend and carry out the said policy, as the most promotive of our liberty, safety and prosperity in the Union.”^[176] Another resolution, adopted on this occasion, declared that the meeting expected the convention would have given the people an opportunity of expressing their sentiments on slavery in the proposed State. The convention, they complained, did not reflect the popular will.

The Union men and the loyal press of other counties followed the example of Upshur by approving the measure or copying the “Instructions.” Thus at the time of voting on the constitution an informal poll on slavery was obtained in twenty counties.

A faction in the convention proposed to annex the Shenandoah Valley with its large negro population; the success of such a plan, it was well understood, would ensure a rejection of the new State by Congress. To anticipate somewhat the events presently to be narrated it may be remarked at this point that the adversaries of the measure in Washington employed precisely the same tactics to defeat the movement for erecting an independent State.

The new establishment under Pierpont was regarded as representing the old Commonwealth. On December 2, 1861, the reorganized Legislature again assembled. The Governor recommended a repeal of the stay laws and confiscation of the property of secessionists. He congratulated the people that they had contributed their full quota, about 6,000 men, to the Union army.

The adversaries of slavery endeavored to obtain the consent of the restored Legislature to the condition that the gradual emancipation clause should become a part of the constitution as soon as ratified by the people. If Congress at its present session would give its consent and admit the new State on the same condition, the people, they declared, could be trusted to ratify afterward.

An election held April 3, 1862, gave, including the soldiers’ vote, 28,321 for and 572 against the constitution, no returns being received from ten counties.^[177] The vote for gradual emancipation, where an expression was had, was almost equal to that given for the constitution, both being nearly unanimous. The former received 6,052 for and 610 against it. How far this informal expression of opinion influenced Congress will presently be noticed.

At an extra session of the Legislature, convoked by Governor Pierpont, an act, in almost the identical language of that assenting to the formation of Kentucky, was passed, May 13, 1862, giving consent to the erection within the jurisdiction of Virginia of a new State to include forty-eight named counties; the second section of this act provided that Berkeley, Jefferson and Frederic counties could be annexed whenever a majority of their votes, at an election to be held for that purpose, should ratify the constitution. The act, together with a certified original of the constitution, was to be transmitted to their Senators and Representatives in Washington, who were requested to use their endeavors to obtain the consent of Congress to the admission of West Virginia into the Union.

On June 23, 1862, Mr. Wade, from the Committee on Territories, reported to the United States Senate a bill for the admission of West Virginia into the Union, and three days later requested its consideration. It stipulated, among other things, that “the convention thereinafter provided for shall, in the constitution to be framed by it, make provision that from and after the fourth day of July, 1863, the children of all slaves born within the limits of the State shall be free”; it also allotted to the new Commonwealth as many Representatives in Congress as her population would justify under the apportionment then existing.

Charles Sumner observed that the former was the imposition of a condition which proposed to recognize the existence of slavery during that generation. “Short as life may be,” he declared, “it is too long for slavery.” By the admission of West Virginia a new slave State would be added; he moved, therefore, to substitute for this requirement the Jeffersonian interdict that “within the limits of said State there shall be neither slavery nor involuntary servitude, otherwise than in punishment of crime whereof the party shall be duly convicted.”

Mr. Hale justly remarked that after consenting to the admission of so many States with pro-slavery constitutions it would be a singular fact if the first that ever applied with a provision for prospective emancipation should be rejected.

Senator Collamer believed that if West Virginia was to enter on a footing of perfect equality with other members of the Union she should, like them, have the right to regulate domestic questions, including slavery, in her own way. The condition imposed by the bill denied her that right.

Mr. Wade disliked the proposition as it stood, because it was very objectionable to him “to say that a man born on the 4th day of July, 1863, shall be free, and one born the day before shall be forever a slave.” “I should much prefer,” he added, “to have it graduated so that all born after the adoption of this constitution shall be free, and that all between certain ages shall be free at a certain period.” At this point Sumner’s amendment was lost by a vote of 24 to 11.

Mr. Carlile, of Virginia, who was foremost in organizing resistance to secession, had from the beginning assumed the appearance of a friend, but, after giving direction to the movement for separation, acted as an adversary to the new State; he opposed all conditions on its admission and expressed a preference that it be permitted to enter on the constitution submitted by its people. He would never “consent to have the organic law of a State framed for its people by the Congress of the United States.” There were 47,000 voters in the counties to be embraced within the proposed State; of that number only about 19,000 had voted on the constitution. At the last moment he delivered with his usual eloquence a strong argument against admission. An amendment which he submitted would have the effect certainly to postpone, perhaps altogether to defeat, the measure in the Senate. Failing to secure its adoption, he urged a postponement till December following; this motion, however, was voted down.

So surprised were his associates at this unexpected opposition that they inquired pointedly why these belated arguments had not been presented to the Committee on Territories when the measure was before them. Mr. Wade, its chairman, was especially severe in his condemnation of Carlile’s extraordinary course, for it was the reasoning of the Virginia Senator that had won their support; he had searched the precedents and submitted cheerfully to all the labors imposed by the Committee. Now by his opposition he brought everything to a stand-still.

His colleague, Mr. Willey, who had been converted in a rather advanced stage of the movement, declared that it was not the desire to be free from that part of the Commonwealth in rebellion that was responsible for the present attitude of western Virginia; the insurrection only precipitated the attempt to settle a controversy which was older than he. To enforce his remarks he added that great numbers of her citizens had determined to fix their abodes elsewhere unless West Virginia became an independent State. During this discussion the Senate had before it the constitution framed by the convention which met November 26, 1861, in the city of Wheeling.

After a vigorous address by Benjamin F. Wade, who had recently investigated the subject, and whose ardor had been aroused by a deputation of West Virginians then in Washington, the bill by a vote of 23 to 17 passed the Senate, July 14, 1862.^[178]

By Mr. Brown, of Virginia, a similar measure had already been introduced into the House on June 25. It was read twice and referred to the Committee on Territories.^[179] When called up on July 16 succeeding it was agreed to postpone consideration of the bill until the regular session in December,^[180] and on the 9th of that month, when Representative Bingham asked that it be put on its passage, discussion of the subject was resumed.

Representative Conway said that if the application of West Virginia came in the proper manner he would be happy to vote for its admission; he regretted, however, that at the beginning of the rebellion a territorial government had not been organized there; Congress could then have passed an enabling act, and the State could be received in a manner to admit of no dispute. The question turned, he declared, on whether the State of Virginia, of which a Mr. Pierpont was Governor, was the lawful State. This he denied. A number of persons without authority met at Wheeling and organized a government. This establishment the President had recognized; one branch of Congress by admitting its Senators had also conceded its legality. These precedents, however, should not be binding on the House. Neither mobs nor mass-meetings, he asserted, make laws under our system, and such bodies had no authority to appoint Mr. Pierpont.

The President intended, Mr. Conway believed, to form similar organizations in all the seceded States. “A policy seems about to be inaugurated,” he added, “looking to an assumption of State powers by a few individuals, wherever a military or other encampment can be effected in any of the rebellious districts. The utter and flagrant unconstitutionality of this scheme—I may say, its radically revolutionary character—ought to expose it to the reprobation of every loyal citizen and every member of this House. It aims at an utter subversion of our constitutional system. Its effect would be to consolidate all the powers of the Government in the hands of the Executive. With the admission of this new State, the President will have substantially created four Senators—two for Virginia and two for West Virginia.” In referring to an extension of this system he declared that the President and a few friends could exercise Federal authority in all those States. “The true policy of this Government, therefore, with regard to the seceded States, is to hold them as common territory wherever and whenever our arms are extended over them. This obviates the terrible dangers which I have alluded to, and is in harmony with the highest considerations of public utility, as well as with sound legal principles.”^[181]

Mr. Conway directed his criticisms against the President because he believed the Executive was first to recognize the new government. The action of the Senate was based upon this precedent, it being assumed that recognition was an Executive function.

Mr. Brown, who introduced the bill at the preceding session, related concisely the essential facts already placed before the reader. He reminded Representative Conway that, though a State could not commit treason, or any other crime, the officials of government could do so; that the legislative powers, being incapable of annihilation, returned to the people; that the spontaneous assembly at Wheeling merely organized and proposed a plan by which regular elections were to be held to fill vacancies caused by the withdrawal of disloyal representatives. A day was fixed, and wherever throughout the State loyal citizens chose to hold an election they could do so. The body thus elected assumed the legislative functions of the people.

In answer to an inquiry he replied that about five counties outside of West Virginia were represented in the Legislature which consented to the erection of the new State, and all the counties in the State were expressly invited to send representatives to the General Assembly. If they were loyal they should have coöperated; if not, they should have no voice in either the State Legislature or Congress. He referred in his remarks to a telegram which he had that morning received from Wheeling. It contained a resolution passed by the Assembly asking the House of Representatives to approve the bill for the admission of West Virginia, which had been favorably acted upon by the Senate at the preceding session.

“It has been asserted,” he said in conclusion, “and understood in some quarters, that the organization of the government at Wheeling was for the purpose of forming a new State. I am prepared to say that when the convention originally met in Wheeling, although there were a few radicals there who wanted to form a new State without reinstating the old State of Virginia, we voted them down, and commenced the exercise of our original rights as freemen to build up the loyal government of Virginia; and although we designed eventually to ask for this separation, and it was what we anxiously desired, yet we determined to be a law-abiding people, and ask for what we desired through the forms of law.”^[182]

Representative Colfax in giving the reasons which should govern his vote stated that the restored government had been recognized by the Senate, by the President as well as other executive officers, and that the House, by admitting Mr. Segar, elected pursuant to a proclamation of Governor Pierpont, had also recognized the reorganized State. Even the political party in opposition voted for that member’s admission. He also remarked that the new State came knocking at the door for admission with the tiara of freedom on her brow.^[183]

Mr. Olin, who opposed the bill at the preceding session, said: “I shall vote for it now with reluctance. I shall vote for it mainly upon the ground that the General Government, whether wisely or unwisely I will not undertake to say, has encouraged this movement to create a division of the State of Virginia.”^[184] The people of West Virginia, with their experience of the evils which slavery brought on them, should not have permitted that institution to exist for an hour in their new government. For this deficiency, however, the bill provided a partial remedy.

Crittenden observed that it was the party applying for admission that gave its consent to a division of the State.^[185] To this objection Representative Blair replied that there were counties outside of West Virginia which had assented to dismemberment. Other members, who had hitherto been hostile, now consented to support the measure from a conviction that it would weaken rebellion.

Representative Dawes said that the primary elections which sent delegates to the Wheeling convention discussed not a reorganization of the Virginia government, but the formation of an independent State in western Virginia. To accomplish that, he said, the only way was to restore the government of the entire Commonwealth. That government then had two things to do: to set up a new State within itself and secondly to give its consent thereto. This suggestion, he understood, emanated from Washington.^[186]

In reference to the admission, Thaddeus Stevens said:

I do not desire to be understood as being deluded by the idea that we are admitting this State in pursuance of any provisions of the Constitution. I find no such provision that justifies it, and the argument in favor of the constitutionality of it is one got up by those who either honestly entertain, I think, an erroneous opinion, or who desire to justify, by a forced construction, an act which they have predetermined to do.

Now, to say that the Legislature which called this seceding convention was not the Legislature of Virginia, is asserting that the Legislature chosen by a vast majority of the people of a State is not the Legislature of that State. That is a doctrine which I can never assent to. I admit that the Legislature were disloyal, but they were still the disloyal and traitorous Legislature of the State of Virginia; and the State, as a mere State, was bound by their acts. Not so individuals. They are responsible to the General Government, and are responsible whether the State decrees treason or not. That being the Legislature of Virginia, Governor Letcher, elected by a majority of the votes of the people, is the Governor of Virginia—a traitor in rebellion, but a traitorous governor of a traitorous State. Now, then, how has that State ever given its consent to this division? A highly respectable but very small number of the citizens of Virginia—the people of West Virginia—assembled together, disapproved of the acts of the State of Virginia, and with the utmost self-complacency called themselves Virginia.

I hold that none of the States now in rebellion are entitled to the protection of the Constitution, and I am grieved when I hear those high in authority sometimes talking of the constitutional difficulties about enforcing measures against this belligerent power, and the next moment disregarding every vestige and semblance of the Constitution by acts which alone are arbitrary. I hope I do not differ with the Executive in the views which I advocate. But I see the Executive one day saying “you shall not take the property of rebels to pay the debts which the rebels have brought upon the Northern States.” Why? Because the Constitution is in the way. And the next day I see him appointing a military governor of Virginia, a military governor of Tennessee, and some other places. Where does he find anything in the Constitution to warrant that?

If he must look there alone for authority, then all these acts are flagrant usurpations, deserving the condemnation of the community. He must agree with me or else his acts are as absurd as they are unlawful; for I see him here and there ordering elections for members of Congress wherever he finds a little collection of three or four consecutive plantations in the rebel States, in order that men may be sent in here to control the proceedings of this Congress, just as we sanctioned the election held by a few people at a little watering place at Fortress Monroe, by which we have here the very respectable and estimable member from that locality with us. It was upon the same principle.

… I say, then, that we may admit West Virginia as a new State, not by virtue of any provision of the Constitution, but under our absolute power which the laws of war give us in the circumstances in which we are placed. I shall vote for this bill upon that theory, and upon that alone; for I will not stultify myself by supposing that we have any warrant in the Constitution for this proceeding.

The Union, he declared, could never be restored as it was. His consent would never be given to restore it with a constitutional provision protecting slavery. An additional reason for giving his vote in favor of the bill was that there was a provision which would make West Virginia a free State.^[187]

“No right of persons, no right of property,” said Mr. Noell, “no social or domestic affairs, could be regulated or controlled by the people of western Virginia, under the circumstances in which they were placed, without recognizing the ordinance of secession, and acting as a State within the Southern Confederacy.”^[188] This showed both the necessity of reorganizing the government of Virginia and the recognition by Federal authorities of the establishment so constituted.

Mr. Segar declared that eleven of the forty-eight counties to comprise the new State had not participated in its establishment, being represented neither in the reorganized Legislature nor the Wheeling convention; three others were unrepresented both in the House of Delegates and the conventions; ten cast no vote on the constitution and three had interests, social and commercial, which bound them up with the East. Then, too, the people of West Virginia made a fundamental law recognizing slavery; an anti-slavery constitution was to be imposed on them as a condition of admission.^[189]

An able argument by Representative Bingham, of Ohio, who had charge of the bill, concluded the debate on December 10, 1862, when it passed by 96 yeas to 55 nays.^[190]

With the President rested the fate of this important measure; if he vetoed it there would, probably, not be found a two thirds majority in its support. Many members, as will be seen from the preceding abridgment of the debates, yielded only a reluctant support.

On December 23, 1862, Mr. Lincoln sent to his constitutional advisers the following note: