The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1884-07-03

JlOIlS Virginia WOulu luSlSG on IeGalnlD
this valuable section of country within he
own jurisdiction. But now, by the chanc
of war, the same men who desired t
create the new state were welding the er
tirespolitical power OF Virginia, and the
would naturally grant permission to them
selves to erect a state that would be en-
tirely free from the Objectionable juris
diction which for the time they repre-
sented. They were not slow to avail them
selves Of their opportunity.
The PierpOnt government, as it was nov
| popularity termed, adopted an ordinance o.
the 10th of August, 1861, providing TO
| the formation of new state out of a pOI
tion of the territory Of this state.o TIL
ordinance was approved by vote of tn
people on the fourth Thursday of October
| and on the 26th of November the cOnven
tion assembled in Wheeling to frame
constitution for the new government. TIL
work was satisfactorily performed, and OF
the first Thursday of April, 1862, tn,
people approved the constitution by vot'
OF 1882 in favor of it with only 81
against it. The work Of the representa-
tives of the projected new state being thu
ratified, the governor called the Legislature
of Virginia together on the 9Th day Of
May, and on the 18th of the same month
that body gave it's consent, with due reg
ularity, to 1.-THE formation of new STATE
within the jurisdiction of the said state OF
Virginia." A fortnight later, on the 2Stt
Of May, Senator Wiley introduced the
subject in congress by presenting memo
rial from the legislature of Virginia to-
gether with a certified copy of the proceed.
ings of the vote of the people.
The constitution was referred to the
committee on territories and bill favor.
able to admission was promptly reported
by Senator Wade, of Ohio. The measure
was first discussed at different periods.
largely with reference to the effect it
would have upon the institution of slavery,
and congress insisted upon inserting a
provision that 'the children of slaves.
born in the state after the fourth day of
July, 1868, shall be free all slaves within
the said state who shall at that time be
under the age of 10 years shall be free
slaves over 10 and under 81 shall be free at
the age of Is years; and no slave shall be
permitted to come into the state for per-
manent residence therein This condi-
ton was to be ratified by the convention
which framed the constitution, and by the
people at an election held for the purpose,
and, upon due certifcation Of the approval
of the condition to the president of the
United States, he was authorized to issue
his proclamation declaring West Virginia
to be a state of the union.
Mr.. Sumner was not satisfied with a
condition which left West Virginia with
any form of slavery whatever. He said
there were 1900 human beings now held
in bondage in that state. and all who are
over a certain age are 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 the said state there
shall be neither slavery nor involuntary
servitude otherwise than in the punishment
of crime whereof the party shall have been
duly convicted. Mr.. Summers amend
ment was opposed by some of the most
radical anti-slavery men in the senate, nota-
bly, by Collamer and Foot, of Vermont by
Wade, of Ohio, and by Howe, of Wiscon-
sin. They believed that the convictions
of the people of West Virginia had devel-
oped to the point embodied in the bill, and
that to attempt the immediate extirpation
of slavery might lead to reaction and posi-
bly, 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 republican SEN
atOrs.
Mr.. Powell, of Kentucky, vigorously op-
posed the bill in all it's parts. He con-
tended 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, he said,
could pretend to claim that seven 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
He declared this to be
"a dangerous precedent which Overthrows
direful consequences. 'sOut 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 boun-
daries of the new state more than half the
voters have declined to take part in the
elections. -
Mr.. Wiley argued that the legislature
represented the almost unanimous will of
the loyal people of West Virginia. He
said that besides the $4,000 votes cast,
there were 10000 men absent in the union
army, and that the conclusion being fore
gone, the people had not been careful to
come out to vote, knowing that the con-
stituti0n would be overwhelmingly adop-
ted" On the 18th Of July, three days be-
fore congress adjourned, the bill passed
the senate by vote of 23to II. Mr.. Rice,
Of Minnesota, was the only democrat who
favored the admission of the new state.
The other democratic senators voted
against it. Mr.. Chamberlain Mr.. How
ard, OF Michigan. voted in the negative be-
cause the state had voluntarily done moth
ing toward providing for the emancipa-
tion of slaves Mr.. Sumner and Mr.. Will
son, because the senate. had rejected the
anti-slavery amendment Mr.. Turnbull
and Mr.. Cowan, because of the irregu-
larity of the whole proceeding.
The bill was not considered in the house
until the next session. 1t was taken up
ously attacked by Mr.. Conway, of Kansas.
He questioned the validity of the Pier
pont government, and asked whether the
law which gave him his warrant of author
ity had come from "a mob or from mass
meeting" He said that he had ''serious
reason to believe that it is the intention of
the president to encourage the formation
of state organizations in all the seeded
states, and that few individuals are to
assume state powers wherever a military
encampment can be effected in any of the
rebellious districts" Mr.. Conway de-
nounced this scheme as utterly and flag
rantly unconstitutional, as radically revou-
tionary in character and deserving the
reprobation of every loyal citizen.n 1t
aimed, he said, at ian utter subversion of
our constitutional system, and will con-
solidate all power in the hands of the execu-
tive." He was answered with spirit by
Mr.. Colfax. of Indiana. who reviewed the
successive steps by which the legality of
the Virginia government had been recOg.
nized by the president and by all the de.
partments of the executive government.
He argued that West Virginia had taken
every step regularly, and complied with
every requirement of the constitution.
Mr.. Crittenden, of Kentucky, said the
Wheeling government could be regarded
as the government of the whole state Of
Virginia ''only by mere fiction. W.
know the fact to be otherwise" He sale
1T was the party applying for admission
that consented to the admission, and thai
was the whole of it. When the war should
cease and the national authority should bt
re-established he wanted the union as il
was. This would be "a new made union
the old majestic body cut and slashed by
passion, by war, coming to form another
union. The constitution gives us no power
to do what we are asked to do" Mr.. May
4