National Republican., 1884-06-19

The opportunity for new state
had now como. It's organiza-
tion and admission to tho union would COM
pleto the chain Of loyal commonwealths on
the south side OF Mason and Dixon's limo, and
would drive back the Jurisdiction of rebel
lious Virginia beyond the chain'of mountains
and interpose that barrier to the progress Of
insurrectiouary forces westward and North
ward. The provision in the federal constitu-
tion that no new state shall be formed With
in the jurisdiction Of any other state without
the consent of the legislature of the state as
woll astof congress, had always been tho stumb-
ling block in tho way of West Virginia's inde-
pendence. Despite the hostilites and antag.
onisms of tho two populations Virginia
would insist on retaining this valuable Sec
tion of country within hor own jurisdiction.
But now, by the chance of war, the same mon
who desired to create tho new state wero
welding tho entire political power Of Vir-
ginia, and they would naturally grant per-
mission to themselves to erect state that
would be entirely free from tho Objectionable
jurisdiction which for the time they repre-
sented. Thev were not slow to avail them
selves of their opportunity.
The Pierpont government, as It was now
popularity termed, adopted an ordinance on
the goth of August, 1861, providing for tho
formation of new state out of portion of
the territory of this state" Tho ordinance
was approved by vote of tho people on the
fourth Thursday of October. and on the 26th
OF November tho convention assembled in
Wheeling to frame o constitution for the
new government. The work was satisfac-
torily performed, and on tho first Thursday
of April, 1862, the people approved the con-
Btituti0n by voto of 1862 in favor of IL
with only 514 against it. Tho work Of tho
representatives of tho projected new state
being thus ratified, tho governor called tho
legislature of Virginia together on the 9Th
IAW, 10 r. A
month that body gave its consent, with due
regularity, to "the formation of q new state
within the Jurisdiction of tho said state Of
Virginia" A fortnight later, on the 25th of
May, Senator Wiley introduced tho subject
in congress by presenting memorial from
the legislature of Virginia together with a
certified copy of tho proceedings of the vote
of tho people,
Tho constitution was referred to tho COM
mittee on territories and a bill favorable to
admission was promptly reported by Senator
Wade, of Ohio. The measure was first dis.
cussed at different periods, largely with refer
once to the effect it would have upon the
institution of slavery, and congress insisted
upon inserting provision that "the children
of slaves, born IN the state after the fourth
day of July, 1868, shall be free; all slaves
within tho said state who shall at that
time be under the ago of 10 years
shall be free when they arrive at the age of
81 years; slaves over 10 and under 81 shall be
free at the age of % years; aud no slave shall
be permitted to come into the state for per-
manent residence therein" This condition
was to bo ratified by tho convention which
framed the constitution, and by the people at
an election held for tho purpose, and, upon
due certfcation of the approval of the con-
dition to the president OF the United States
he was authorized to issue his proclamation
declaring West Virginia to be state Of the
union.
Mr.. Sumner was not satisfied with con-
ditiOn which left West Virginia with any
form of slavery whatever. He said there
were $4,000 human boings now held in
bondage in that state, and all who are over
certain ago arc to be kept so for their
natural lives" He desired to strike out the
provision which permitted this and to insert
one, in lieu thereof, declaring that within
the limits of tho said state there shall be
neither slavery nor involuntary servitude
otherwise than in the punishment of
crime whereof tho party shall have been duly
convicted" Mr.. Summers amendment was
opposed by some of the most radical anti
slavery men in tho senate, notably by Col
lamer and Foot, of Vermont; by Wade, of
Ohio, and by Howe, OF Wisconsin. They
beloved that tho UUnvicUIuns Or thu l,oypfo
of West Virginia had developed to the point
embodied in tho bill, and that to attempt the
immediate extirpation of slavery might lead
to reaction and possibly to the rejection of
the constitution. Mr.. Summers amendment
was, therefore, defeated by "a votes against
IL. OF the "a votes II were given by the
re publican senator's
Mr.. Powell, of Kentucky, vigorously op-
posed the pill in all its parts. He contended
that "if the cities Of New York and Brooklyn,
with the counties in which they are located,
were to get up little bogus legislature and
say they were the state of New York, and ask
to be admitted and cut OFF from the rest of
the state would just as soon vote for their
admission as to vote for the pending bill"
No senator, ho said, could pretend to claim
that even a third part of the people
Of Virginia have ever had anything to do
with rendering their assent TO the making of
this new state within the territorial limits of
that ancient commonwealth" He declared
this to be "a dangerous precedent which
overthrows the constitution, and may be
fraught with direful consequences" "Out of
the one hundred and sixty counties that
compose the state of Virginia, he continued.
less than one-fourth have assumed to act for
the entire state; and even within the bounda-
ries of the new state more than half the
voters have declined to take part in the
elections"
Mr.. Wiley argued that tho legislature
represented the almost unanimous will of the
loyal people of West Virginia. lie said that
besides the $4,000 votes cast, there were
10000 men absent in the union army, and
that, the conclusion being foregone, the
people had not been careful to come out to
vote, knowing that the constitution would be
overwhelmingly adopted" On tho Nth of
July, three days before congress adjourned,
the bill passed the senate by vote of % to IL.
Mr., Rice, of Minnesota, was the only democrat
who favored the admission of tho new state.
The other democratic senators voted against
it, Mr.. Chandler and Mr.. Howard of
Michigan, voted in the negative because the
state had voluntarily done nothing toward
providing for the emancipation of slaves Mr..
Sumner and Mr.. Wilson, because the senate
had rejected the anti-slavery amendment; Mr..
Trumbull aud Mr.. Cowan, because of the
irregularity of the whole proceedings
The bill was not considered in the house
until the next session. 1t was taken up on
the 9th of December, and was vigorously
attacked by Mr.. Conway, of Kansas. lie
questioned the validity of tho Pierpont
government, and asked whether the law
which gave him his warrant of authority had
come from "a mob OF from a mass meeting"
He said he had SERIOUS reason to believe that
it is the intention of tho president to
encourage the formation of state organizations
in all the seeded states and that few indi-
viduals are to assume state powers wherever q
military encampment can be effected in any
of the robeliou3 districts" Mr.. Conway de-
nounced this scheme rs utterly and flag
rantly unconstitutional, as radically rovolu-
tiOnary in character and deserving the
reprobation of every loyal Citizen" 1t
aimed, he said at IAN utter subversion of our
constitutional system, and will consolidn to
ali nnwer in the hands Of the eXNputiyeD - Ha