USA > Virginia > A history of Virginia : from its discovery and settlement by Europeans to the present time. Vol. II > Part 28
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The people of Western Virginia have never been satisfied with this arrangement. Their complaints
a See Amend. Constit. art. iii. cl. 6.
·
438
WHITE BASIS.
[CHAP. VII.
are natural, and merit serious thought. They have urged that the slaves of the state ought not to be considered, in fixing the number of representatives, for they cannot be regarded as persons, because they do no public duty, and can never be per- mitted to vote; and as property they cannot be considered, because such property is not the basis of representation. They have insisted that the White Basis alone should be adopted, and that only this will insure to them their legitimate influence in the public counsels. These views have been so controlling, that in the session of 1845-46 a vote was taken in the Legislature upon the expediency of calling another convention. The attempt then failed, but it is believed that it has not been finally abandoned.
It would be obviously improper in this work to express any opinion upon this subject, farther than may have been necessarily involved in a fair state- ment of its merits. To the wisdom, the modera- tion, the patriotism, both of the West and the East, it must be committed.
But the candid will forgive an earnest depreca- tion of hasty measures for obtaining a new govern- ment. It has been thought, that this attempt, un- less conducted with a degree of delicacy and of self-sacrifice seldom found in human action, will end in sundering entirely the two great divisions of the state, than which, no result could be more deplo- rable. They have been united, not so much by com- mon origin, or common interest, as by those thou- sand hallowed and tender associations which cluster
439
NAT TURNER.
1831.]
around the very name of Virginia. There are few sensitive hearts, either in the East or the West, that would not bleed under the shame of a divorce so unnatural. And even if this extreme evil did not follow, a change of government might produce other ills, only the more formidable, because not yet defined. Nothing is more dangerous than that popular restlessness which, without adequate cause, seeks to remodel the whole framework of govern- ment. Whether this has not been demonstrated by the experience of the past twenty years in Vir- ginia, the public conscience may decide. In this subject, beyond all others, it becomes us to consider whether we should not
-" Rather bear those ills we have, Than fly to others that we know not of."
(1831.) In the year succeeding the approval of the new Constitution, the state witnessed a scene of domestic bloodshed caused by a part of the very population whose presence produced such conflict of sentiment among her citizens. In the county of Southampton lived a slave named Nat Turner, small and somewhat feeble in body, but of shrewd and enthusiastic mind. He was a preacher among his class, and claimed also the character of a prophet. During the month of August, the sun at one time assumed a singular appearance, probably under the influence of meteoric causes, which have not yet been fully explained. Nat Turner found in this event food for his own fanaticism, and that of his followers. He prepared papers covered with
440
INSURRECTION.
[CHAP. VII.
hieroglyphics, apparently written in blood, and presenting mystic symbols,-a sun, a crucifix, and various numbers.ª These were doubtless the re- flections of his own distempered fancy ; but they wrought effectively on the dark minds upon whom they were intended to operate. He is said to have traversed several counties, and to have formed a plan for a general insurrection, which was only defeated by a mistake as to the appointed day ; but no satisfactory evidence of so extensive a plot has been adduced. Yet his scheme was suffi- cient to work horrible consequences.
Late in the night of Sunday, the 21st of August, this misguided wretch, at the head of about twenty followers, approached the house of Joseph Travis, his master. The negroes entered the house by a ladder, and it was agreed that Nat Turner should shed the first blood. He aimed a blow at Mr. Travis, in bed, but the hatchet glanced, and the wounded man sprang up, and called wildly on his wife. Another negro, named Will, instantly struck him dead with an axe. The wife and her children, even to the infant in the cradle, all shared the same fate. The murderers rifled the house of all the guns and ammunition it contained, and then pro- ceeded on their errand of death. They had tasted blood, and now maddened by desperation, they thought of nothing but indiscriminate murder. At the house of Levi Waller, they left his wife and ten children lying in a bleeding heap upon the floor. Near the same place was a school of little
a Letter in Constit. Whig, Sept. 26, 1831.
441
INSURRECTION.
1831.]
girls, all of whom were butchered by these mon- sters, except one young innocent of twelve years, who hid herself in a neighbouring hedge. When found afterwards by her friends, she said with touching simplicity, that " God had watched over her."ª At every house, the slaves seized all the arms and horses they could obtain; and as they went forward their numbers increased, until they were more than forty, well mounted, and still thirsting for blood.
As they galloped up to the house of Mrs. Vaughan, a widow lady of the county, she saw them at a distance, but, paralysed with terror, made no attempt to escape. She was killed, to- gether with several members of her family, and her daughter, a young lady remarkable for her beauty, was shot down within a few feet of the house door, while endeavouring to make her escape.b After completing other butcheries, the negroes thought themselves strong enough to attack the town of Jerusalem, the county seat of Southamp- ton. But when within a few miles of the place, they were met by a small body of white men, armed with guns generally loaded with bird-shot, and at the first discharge, the cowardly wretches turned and fled to the swamps behind them. They soon afterwards collected their scattered forces, and prepared to make another attack.
But the first house they sought was that of a Letters in Constit. Whig, Aug. c Norfolk Herald, 24th Sept., in 29, and Sept. 26th.
Whig.
b Editorial, Whig, Sept. 3, and Letter, Aug. 25.
442
DOCTOR BLOUNT.
[CHAP. VII.
Doctor Blount ; and here was to be a display of real heroism. Besides the Doctor himself, there were in the house, his son,ª a brave youth of fifteen, and three other white men. Six guns were heavily loaded, and one was reserved by Doctor Blount, who resolved that their lives should be sold as dearly as possible. The negroes approached with- in twenty yards, and then, with steady aim, five discharges were poured upon them. One fell dead, another was severely wounded; the rest betook themselves to flight in utter consternation.b
It was now noon of Monday, the 22d, and from this time, the offensive warfare of the slaves was over. Recovering from their momentary panic, the people of the county rallied, and came upon the butchers with stern resolve to exterminate them if necessary. They hunted them like beasts of prey through the swamps. We have reason to fear that many summary executions took place, and that some who were innocent may have been slain. Several slaves captured near a point known as the Cross-Keys, were decapitated on the spot.c But there was much to extenuate this violence, and when the first ebullition of revenge was gone, justice resumed her course; captives were brought to Jerusalem for regular trial. General Eppes, the commander of this militia district, organized a
· Now Lieutenant Simon Blount, because of his heroic conduct at of the United States Navy, an officer Southampton.
deservedly esteemed by all who know him. He was appointed a Midshipman by General Jackson,
b Editorial, Whig, Sept. 3.
c Letter in Whig, Aug. 29.
443
SCENE IN JERUSALEM.
1831.]
sufficient force for protection, and dismissed the companies who had come from distant points.
Meanwhile, Norfolk had heard of the insurrec- tion, and was in great excitement. Commodore Warrington, of the navy-yard, promptly offered a full supply of pistols, cutlasses, and ball-cartridges, sufficient for a thousand men; the borough court took active steps for sending a force to the scene ; the steamer Hampton was chartered ; at Fortress Monroe, Colonel House embarked in her with three companies of United States troops, and then from the sloops of war Natchez and Warren she re- ceived a corps of marines.ª Captain Elliot and Colonel Worth attended them. At the same time, troops of cavalry from Norfolk and Prince George started for Southampton; and on the evening of August 23d, the Richmond Light Dragoons and Fayette Artillery set out for Jerusalem ; but the latter were met at Smithfield by a message from General Eppes, informing them that they would not be needed, as the insurrection was entirely crushed.
On the morning of the 25th, besides the large military force, there were assembled in Jerusalem nearly four hundred ladies of the county, who had fled from their homes to escape the murderers. Such a display had never before been seen in the town. The danger was over, but sad recitals were to be exchanged among the survivors. Fifty-five victims had fallen, principally women and children. It is remarkable, that through the whole series of
a Norfolk Herald, 24th, in Whig, 26th Aug.
444
NAT TURNER EXECUTED. [CHAP. VII.
assaults, not one female was violated.ª Remember- ing the brutal passions of the negro, we can only account for this fact by supposing the actors to have been appalled by the very success of their hideous enterprise.
Order having been once more restored, and most of the foreign troops having left the town, the trials were carried forward with a patience and care highly creditable to the magistracy of the county. Twenty-one slaves were convicted and condemned, and thirteen were executed. Nat Turner long escaped the vigilance of his pursuers by conceal- ing himself under a pile of fence-rails, but at length he was captured, and on the 11th of Novem- ber, met the fate his crimes deserved.
This insurrection produced a strong movement of the public mind in Virginia. Its progress and total failure had indeed strengthened the conviction that no widespread ruin could ever be brought by her slaves. They were weak and cowardly, killing only the unarmed and feeble, and flying before any determined opposition. Yet the revolt had inflict- ed painful wounds; many of the young and inno- cent had fallen, and many had been butchered who had gained a good name for benevolence to their species. The cruelty of the slaves was the more unpardonable, because it was unprovoked. They had never been treated harshly ; Nat Turner him- self declared that his master was invariably kind to him. Their outrages were prompted by nothing save an inhuman fanaticism. How far they may
a Whig, Aug. 29.
-
445
LEGISLATION.
1831.]
have been stimulated by the prevalence of abolition doctrines, introduced among them by secret agents, has never been determined.
Governor Floyd delayed not to arm the country. Muskets were distributed in abundance to the militia, and, in a short time, Virginia, if called to the field, would have bristled with bayonets. The next session of the Legislature was interesting : many members of fine talents composed it, and their debates had now a subject favourable alike to displays of reasoning and of passion. It has been said that the idea of general emancipation had many supporters, and that nothing but the reaction against the sinister influences from abroad pre- vented its triumph. But this reaction was com- plete. Instead of emancipating, the Legislature passed stringent laws against slaves, free negroes, and mulattoes ; forbidding their meetings, punish- ing them for words, proscribing their instruction, arresting their preachers, and imposing other re- strictions, which though necessary, are saddening to the heart of the philanthropist.ª In subsequent years, much of this austere legislation has been modified, but enough remains to remind slaves of the miseries entailed by such an attempt as that of 1831; and whites, of the evils bequeathed to them by their European forefathers.
Though slavery is an institution which cannot be considered desirable, and which Virginia would never choose, were the question now first presented to her, yet it is her duty carefully to guard the
ª See Supplement, 236, 245, 248.
446
FUGITIVES FROM JUSTICE. [CHAP. VII.
property secured by it, until such time as her citi- zens shall voluntarily part with it. Any inter- ference with it by other states, or by the General Government, will not fail to rouse her to firm re- sistance. Her principles on this subject have been made known in a memorable case, which has not yet ceased to act upon her conduct. On the 30th of August, 1839, Henry L. Hopkins, Lieutenant- Governor of the Commonwealth, transmitted to William H. Seward, Governor of New York, a re- quisition, in form, demanding the surrender of three fugitives from justice in Virginia. The requisition was accompanied by an affidavit made before Miles King, Mayor and Justice of the Peace in Norfolk, by John G. Colley, who swore that on or about the 15th of July, 1839, Peter Johnson, Edward Smith, and Isaac Gansey, attached to the schooner Robert Centre, then in New York, "did feloniously steal and take from the said Colley, a certain negro slave, the property of said Colley." The requisition therefore, demanded these men under the Consti- tution, and the Act of Congress made in pursuance thereof.
Governor Seward declined to comply with this requisition. In his answer, he made some slight objections to the form of the affidavit; but he did not attempt to conceal the truth, that his refusal was based upon much broader ground than a defect in the form of the demand. That might easily have been repaired; but his Excellency of New York expressly declared, that he could not sur-
ª See Constitution, art. iv. sec. 2, cl. 2.
447
CORRESPONDENCE.
1839.]
render these men, because he did not conceive that the act with which they were charged came within the meaning of the words " treason, felony, or other crime," used in the Constitution. A voluminous correspondence occurred between Governor Seward and Mr. Hopkins, and was afterwards continued between the former and Thomas Walker Gilmer, who was elected Governor of Virginia in March, 1840.ª This correspondence was managed with ability on both sides. On the part of the executive of Virginia, the power with which her right was sustained has long been conceded ; and on the side of Governor Seward it may be said, that only inge- nuity more than common could have made his con- duct appear respectable in the eyes of reasonable men.
He assumed the ground that the words " treason, felony, or other crime" in the Constitution, must be understood to apply only to those acts which are recognised as crimes by the laws of all civilized na- tions ; that it was not sufficient that the act should be a crime according to the laws of the state where it was committed ; that at common law there could be no such crime as stealing a slave, because slavery did not exist ; that the laws of New York had long since abolished slavery, and that, therefore, as the act charged was a crime, not by the common law, nor by the laws of all civilized nations, nor by the laws of New York, but merely by the statute law of Virginia, the Constitution did not apply, and he
'" The correspondence may be found in the Enquirer, beginning Jan. 12, 1840.
448
GOVERNOR SEWARD.
[CHAP. VII.
was not bound to surrender the fugitives. How indefensible was the course pursued by Governor Seward will appear from the following considera- tions :
1. He infringed a precedent given by one of his own predecessors in office. In the year 1832, Enos T. Throop, Governor of New York, issued his warrant directing one John Clark, to be taken into custody, in order that he might be delivered to an agent from Rhode Island. Governor Throop's warrant recites a requisition of the Executive of Rhode Island, informing him that the said Clark was charged with having, while President of the Burrilville Bank, abstracted notes, money, and bank bills, from said bank, "which said acts (the warrant adds) are made criminal by the laws of that state." It is to be remembered that the acts com- mitted by Clark do not constitute a crime at com- mon law, but a mere breach of trust, yet Governor Throop decided that because they were made cri- minal by the laws of Rhode Island, therefore, the fugitive must be surrendered.ª The principle of this precedent will apply with exactness to the Virginia case.
2. He ran counter to a decision made by the Supreme Court of his own state. For, this same case of John Clark, after passing through interme- diate judicial stages, came before the highest court of New York. Chief Justice Savage delivered an opinion, to the effect that all the elements entered into this case that were required in order to bring
a 9 Wendell's Reports, 212,223.
449
GOVERNOR SEWARD.
1840.]
it within the Constitution and Act of Congress ; 1. The Governor of Rhode Island had demanded that Clark should be arrested and delivered up as a fugitive from justice ; 2. A copy of an affidavit was presented, charging Clark with certain acts which the Governor of Rhode Island certified to have been made criminal by the laws of that state; 3. The affidavit was certified by the Governor of Rhode Island to be duly authenticated. The Chief Justice decided that it was only necessary that the fugitive should be " properly charged" with crime in the state demanding him, in order to require his surren- der.ª This decision is applicable to the case from Vir- ginia. Her laws make it deep felony to steal a slave,b and her executive had sent, with his own endorse- ment, an affidavit charging the three fugitives with having "feloniously" stolen the slave of Colley.
3. He violated the Constitution of the United States. At the time when that instrument was adopted, slaves existed in New York as well as in Virginia, and one of its articles declared that " No person held to service or labour in one state, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labour, but shall be delivered up on claim of the party to whom such service or labour shall be due."" Cautiously as this clause is worded, it can mean nothing less than that a
2 9 Wendell, 219, 220, and see Conway Robinson's Constitution and Slavery, Southern Lit. Messenger, vi. 89-106.
৳ 1 R. C. 427, 428.
c Constit. art. iv. sect. 2, cl. 3.
VOL. II.
29
450
GOVERNOR SEWARD.
[CHAP. VII.
slave escaping from a slave state to a free state does not become free. The laws of the free state cannot deprive the owner of his property in his slave; in other words, they must recognise that property. New York solemnly assented to the Constitution. She became a party to the compact, and it binds herself and all her officers. Therefore, a slave being property by the law of Virginia, must be recognised as property by New York. And the three fugitives were charged with stealing this pro- perty. If such an act was not a crime within the meaning of the Constitution, it is hard to conceive what would constitute a crime. By refusing to exercise his constitutional duty, Governor Seward subjected himself to the charge of having delibe- rately countenanced men who had "feloniously taken and carried away the personal property of another," which is the technical definition of a larceny.
Even in his own, and some other states farther north, the Governor's course was considered unjus- tifiable. The press of New York and Massa- chusetts, while under the control of moderate men, spoke plainly their disapproval.ª In Virginia, a committee of the House of Delegates made a report on the subject, and the Assembly advised the ex- ecutive to address letters to the Southern States, asking their co-operation in sustaining the common rights of the South. This was done by Governor Gilmer, and Alabama made a prompt response.b
a Journal of Commerce, Enquirer, ৳ Enquirer, Dec. 18, 1840, and Feb. 6, and Mass. Palladium, En- post.
quirer, Feb. 13th, 1841.
451
INSPECTION LAW.
1840.]
The course pursued by the Legislature of New York has left it doubtful whether they entirely sanctioned the refusal of the Governor;a but no efficient measures were taken to surrender the criminals. (1841.) Virginia could no longer sub- mit without retaliation. On the 13th of March, the Assembly passed a severe Inspection Law, re- quiring that all vessels from New York entering the ports of Virginia, should be placed under the control of inspectors, and should not be permitted to leave port without a certificate from one of these inspectors, testifying that they had no concealed or stolen slaves aboard. This act passed both Houses by a decisive majority, yet not without opposition. Wyndham Robertson, the delegate from Richmond City, presented a protest, after its passage, alleging many objections to the law. This was signed by himself and twenty-one other members of the House.
Hardly had this action been taken, ere a circum- stance occurred which enabled Virginia to show to New York an example of obedience to the Consti- tution in the very requirement which the latter state so deliberately infringed. Robert F. Curry, charged with committing forgery in New York, fled to Virginia. Governor Seward, in proper form, made a requisition for the fugitive. Governor Gilmer, acting with conscientious regard to what he deemed his duty, declined to comply with this
a Protest, Enq., March 26, 1841. less previously suspended by the
b Enquirer, March 16. The law proclamation of the Governor. was to take effect in May, 1842, un-
452
THOMAS WALKER GILMER.
[CHAP. VII.
demand until justice should be done by New York to Virginia. But the House of Delegates having obtained official knowledge of the facts, passed, on the 20th day of March, a resolution, expressing confidence in the patriotic motives of the Governor, but declaring that if the demand had been legally made, the fugitive ought to be surrendered, not- withstanding the conduct of New York. Imme- diately on the receipt of this resolution, Governor Gilmer addressed a letter to the House, in which he vindicated his action, and declaring that he was unwilling to oppose his individual views to the wishes of the other department of government, he resigned his office !a On the 22d, Curry was sur- rendered by John M. Patton, the Lieutenant-Go- vernor, who accompanied his act by a renewed protest against the conduct of the executive of New York.
A calm review of the events of this period will convince us that the Assembly adopted the proper course as to the requisition of Governor Seward. The infringement of the Constitution by the exe- cutive of New York, would not justify a similar infringement by the executive of Virginia. The federal compact was still binding, and it was a duty which Virginia owed, not merely to New York, but to every other state in the Union, to sur- render fugitives from justice when properly charged with crime, and demanded. Yet all discriminating minds have recognised the purity of the motives which impelled Governor Gilmer in the course he
ª Enquirer, March 22.
1844.]
HIS DEATH.
453
pursued. He was a patriot statesman. Those who knew him best in life found in him the chival- rous traits of the gentleman, united with those no- bler qualities that distinguish the Christian. The appalling accident which cut him down in the very strength of his days, filled America with mourning, and history can offer no solace for his death, save the sad privilege of paying an impartial tribute to his memory.
Subsequent years have presented few causes which have materially affected the individual for- tunes of Virginia. It might not indeed be difficult to tell of scenes which have moved the very heart of society, but the lessons that are to be conveyed by these events must be left to the future. Time must heal wounds and alleviate sorrows, before ex- perience will venture to record them as admoni- tions, alike to those who have felt, and those who have escaped them.
The retrocession of the county and town of Alexandria, will appropriately close the history of Virginia to the present time. They had been originally granted as part of the "ten miles square." It will be unnecessary to detail all the causes which made them dissatisfied with their condition, and induced a wish to return to the parent state. One who has inhabited the " District," has compared his feelings on a temporary visit to Virginia to those of a man who had been gasping in a vacuum, and had suddenly been granted the enjoyment of a pure and healthful atmosphere.ª How far his
a Philip Fendall, of Washington City .- The remark was heard by
1
1
454
RETROCESSION OF ALEXANDRIA. [CHAP. VII.
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