Daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1859-1865, 1861-12-16
ooEsTITUT1oNAL GoNVENTIoNl
Sixteenth Day.
sArUapAT, Dec. Il. 1861.

s -,
Tho ConventiGu was opened with prayer
By Rev. Gordon Battelle, member rom
After the adoption Of the minutes,
NJ. BATTELLE offered the following,
which, on his motion, was laid on tue u,
bile and ordered to be prtnted and referred
TO the Committee on Fundamental and
General Provisions;
/, No slave shall be brought into this
State for permanent residence after the
adoption of this constitution,
.. The Legislature shall have full power
to make such just and humane provisions
as may be needful for the better regulation
and security of the marriage and family
relations between slaves, for their pro per
instruction. md for the gradual and eqnit-
able removal of slavery from the STATE.
3. On and after the fourth day Of july
eighteen hundred and slavery or
Involuntary servitude, except for crime,
shall cease within the limits of this State.
Mr.. Brown, Of Preston, offered the fol-
lowing, which was also referred;
Rssoivei, That the Committee on the
Schedule be instructed to Inquire into the
expeliency of making provision for the
| per diem and mileage OF the members OF
the General Assembly of West Virginia, at
its first session, under the new constittu-
ton.
Mr.. HBRvEY moved to dispense with the
usual afternoon session which was agreed
The consideration ss;the Report of the
Committee on Fnndamenlalrand General
Provisions was resumed.
The PREsID8ST stated the question to be
4 on striking out the whole section, which
is as follows:
Section Is. Treason against the State
shah consist only in levyipg war against
| it. or in adhering TO lis enemies, giving
them aid and comfort. Every attempt to
Justify and uphold au armed invasion of
| the State, or an organized instruction
within the limits thereof by publicly
speaking, writing or printing, or the pub
| fishing or circulating of any such writing
4 or printing, during the continuance OF
| such invasion or iusurrection, shall be
\ deemed as Adhering to the enemies OF the
State. Treason shall be punished, accord
Ling to the character of the acts committed,
by the infection of one or more Of the
penalties of death, imprisonment, fine or
coL6scation of the real aud personal prop.
erty Of the offender, as may be prescribed
by law.
TThe motion to strike out, which was
made the previous evening, had escaped
the attention of the reporter.
/ Mr.. PARKER obtSined the floor and read
4 from various authorities to show that
4 treason against Il State may exist.
1 Mr.. HALL of Marion, who was entitled to
the floor then addressed the Convention al
some length. He'was opposed to striking
out, because it would preclude them from
prescribing the penalty for and defining
She offence OF treason against tue State
! which he thought should be prescribed and
defined in the constitution
Mr. BRowH followed In refutation of Sir
Van Wrinkles argument of the evening be
fore, thatthere could be no treason agains
IN Individual Stateo the Union.
Mr.. Van WINKLE replied quite at length
! and was again followed by Mr. Brown.
Mr.. DILLE suggested the proprfety of re-
committing the section.
4 Mr.. BKrTELLB, madea motion to do SO
lbut withdrew 1t to enable Mr.. Paxton Z
lmove to anendlby striking out the SECOND
j clause of the section which reads
4 every attempt to iastify and uphold al
armed invasion of4thc State, or an organ
lized insurrcation within the limits thereof
Iby publicly speaking, writing or printing
4 or the publishing or circulating of an!
such writing or printing, during the con
Etinuance of such invasion or insnrrectlon
shall be deemed m Adhering to the enc
mics of the State.
4 Messrs. Van Wrinkle, Brown of KanaWh'
and Parker opposed the latter motion. ant
lit was advocated by Messrs. Paxton, Laml
and Stevenson of Wood. The discussion
was continued for some time, several othe
members participatingiu it,
Mr.. CALDWELL moved an adjournment
which motionprevailei, and the Conveu
ton adjourued without reaching a vote.