USA > West Virginia > Hampshire County > History of Hampshire County, West Virginia : from its earliest settlement to the present > Part 11
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Wood county-William Johnston, W. H. Baker, A. R. Dye, V. A. Dunbar, G. H. Ralston, S. M. Peterson, S. D. Compton, J. L. Padgett, George Loomis, George W. Henderson, E. Deem, N. H. Colston, A. Hinckley, Bennett Cook, S. S. Spencer, Thomas Leach, T. E. McPherson, Joseph Dagg, N. W. Warlow. Peter Riddle, John Paugh, S. L. A. Burche, J. J. Jackson, J. D. Ingram, A. Laughin, J. C. Rathbone, W. Vroman, G. E. Smith, D. K. Baylor, M. Woods, Andrew Als, Jesse Burche, S. Ogden. Sardis Cole, P. Reed, John Mckibben, W. Athey, C. Hunter, R. H. Burke, W. P. Davis, George Compton. C. M. Cole, Roger Tiffins, H. Rider, B. H. Bukey, John W. Moss, R. B. Smith, Arthur Drake, C. B. Smith, A. Mather, A. H. Hatcher, W. E. Stevenson, Jesse Murdock, J. Burche, J. Morrison. Henry Cole, J. G. Blackford, C. J. Neal, T. S. Conley, J. Barnett, M. P. Amiss, T. Hunter, J. J. Neal, Edward Hoit, N. B. Caswell, Peter Dils, W. F. Henry, A. C. Mckinsey, Rufus Kinnard, J. J. Jackson Jr.
The convention assembled to take whatever action might seem proper, but no definite plan had been decided upon, further than that Western Virginia should not go into se- cession with Virginia. The majority of the members looked forward to the formation of a new state as the ulti- mate and chief purpose of the convention. Time and care were necessary for the accomplishment of this object. But there were several, chief among whom was John S. Carlisle, who boldly proclaimed that the time for forming the new state was at hand. There was a sharp division in the convention as to the best method for attaining that end.
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THE REORGANIZED GOVERNMENT.
While Carlisle led those who were for immediate action, Waitman T. Willey was among the foremost of those who insisted that the business must be conducted in a business- like way, first by reorganizing the goverment of Virginia, and then obtaining the consent of the legislature to divide the state. Mr. Carlisle actually introduced a measure pro- viding for a new state at once, and it met with much favor. But Mr. Willey aud others pointed out that precipitate ac- tion would defeat the object in view, because congress would never recognize the state so created. After much controversy, there was a compromise reached, which was not difficult where all parties aimed at the greatest good, and differed only as to the best means of attaining it.
At that time the ordinance of secession had not been voted upon. Virginia had already turned over to the South- ern Confederacy all its military supplies, public property, troops and materials, stipulating that, in case the ordi- nance of secession should be defeated at the polls, the property should revert to the state. The Wheeling con- vention took steps, pending, the election, recommend ing that, in case secession carried at the polls, a con- vention be held for the purpose of deciding what to do- whether to divide the state or simply reorganize the gov- ernment. This was the compromise measure which was satisfactory to both parties of the convention. Until the ordinance of secession had been ratified by the people, Virginia was still, in law, if not in fact, a member of the Federal union, and any step was premature looking to a division of the state or a reorganization of its goverment before the election. F. H. Pierpont, afterwards governor, introduced the resolution which provided for another con- vention in case the ordinance of secession was ratified at the polls. The resolution provided that the counties rep- resented in the convention, and all other counties of Vir- ginia disposed to act with them, appoint on June 4, 1861, delegates to a convention to meet June 11. This conven-
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tion would then be prepared to proceed to business, whether that business was the reorganization of the gov- ernment of Virginia or the dividing of the state, or both. Having finished its work, the convention adjourned. It had saved the state from anarchy. It had organized a nucleus around which a stable and adequate government was built. It made a good beginning. Had it rashly at- tempted to divide the state at that time the effort must have failed, and the bad effects of the failure, and the con- sequent confusion, would have been far reaching. No man can tell whether such a failure would not have defeated for all time the creation of West Virginia from Virginia's territory.
The vote on the ordinance of secession took place May 23, 1861, and the people of eastern Virginia voted to go out of the Union, but the part now comprising West Vir- ginia gave a large majority against seceding. Delegates to the assembly of Virginia were elected at the same time. Great interest was now manifested west of the Allegha- nies in the subject of a new state. Delegates to the sec- ond Wheeling convention were elected June 4, and met June 11, 1861. The members of the first convention had been appointed by mass meetings and otherwise; but those of the second convention had been chosen by the suffrage of the people. Thirty counties were represented as follows:
Barbour county-N. H. Taft, Spencer Dayton, John H. Shuttleworth.
Brooke county-W. H. Crothers, Joseph Gist, John D. Nichols, Campbell Tarr.
Cabell county-Albert Laidly was entered on the roll but did not serve.
Doddridge county-James A. Foley.
Gilmer county-Henry H. Withers.
Hancock county-George M. Porter, John H. Atkinson, William L. Crawford. 12
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Harrison county-John J. Davis, Chapman J. Stewart, John C. Vance, John S. Carlisle, Solomon S. Fleming, Lot Bowers, B. F. Shuttleworth.
Hardy county-John Michael.
Hampshire county-James Carskadon, Owen J. Downey, James J. Barracks, G. W. Broski, James H. Trout.
Jackson county-Daniel Frost, Andrew Flesher, James F. Scott.
Kanawha county-Lewis Ruffner, Greenbury Slack.
Lewis county-J. A. J. Lightburn, P. M. Hale.
Monongalia county-Joseph Snyder, Leroy Kramer, R. L. Berkshire, William Price, James Evans, D. B. Dorsey.
Marion county-James O. Watson, Richard Fast, Fon- tain Smith, Francis H. Pierpont, John S. Barnes, A. F. Ritchie.
Marshall county-C. H. Caldwell, Robert Morris, Re- membrance Swan.
Mason county-Lewis Wetzel, Daniel Polsley, C. B. Waggener.
Ohio county-Andrew Wilson, Thomas H. Logan, Daniel Lamb, James W. Paxton, George Harrison, Chester D. Hubbard.
Pleasant county-James W. Williamson, C. W. Smith.
Preston county-William Zinn, Charles Hooten, William B. Crane, John Howard, Harrison Hagans, John J. Brown. Ritchie county-William H. Douglass.
Randolph county-Samuel Crane.
Roane county-T. A. Roberts.
Tucker county-Solomon Parsons.
Taylor county-L. E. Davidson, John S. Burdette, Sam- uel B. Todd.
Tyler county-William I. Boreman, Daniel D. Johnson.
Upshur county-John Love, John L. Smith, D. D. T. Farnsworth.
Wayne county-William Radcliff, William Copley, W. W. Brumfield.
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Wetzel county-James G. West, Reuben Martin, James P. Ferrell.
Wirt county-James A Williamson, Henry Newman, E. T. Graham.
Wood county-John W. Moss, Peter G. Van Winkle, Arthur I. Boreman.
James T. Close and H. S. Martin of Alexandria, and John Hawxhurst and E. E. Mason of Fairfax, were admitted as delegates, while William F. Mercer of Loudoun, and Jona- than Roberts of Fairfax, were rejected because of the in- sufficiency of their credentials. Arthur I. Boreman was elected president of the convention, G. L. Cranmer, secre- tary, and Thomas Hornbrook, sergeant-at-arms.
On June 13, two days after the meeting of the conven- tion, a committee on order of business reported a declara- tion by the people of Virginia. This document set forth the acts of the secessionists of Virginia, declared them hostile to the welfare of the people, done in violation of the constitution, and therefore null and void. It was further declared that all offices in Virginia, whether legislative, judicial or executive, under the government set up by the convention which passed the ordinance of secession, were vacant. The next day the convention began the work of reorganizing the state government on the following lines: A governor, lieutenant governor and attorney general for the state of Virginia were to be appointed by the conven- tion to hold office until their successors should be elected and qualified, and the legislature was required to provide by law for the election of a governor and lieutenant gov- ernor by the people. A council of state, consisting of five members, was to be appointed to assist the governor; their term of office to expire at the same time as that of the gov- ernor. Delegates elected to the legislature on May 23. 1861, and senators entitled to seats under the laws then existing, and who would take the oath as required, were to constitute the reorganized legislature, and were required
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THE REORGANIZED GOVERNMENT.
to meet in Wheeling on the first day of the following July. A test oath was required of all officers, whether state, county or municipal.
On June 20 the convention proceeded to choose officers. Francis H. Pierpont was elected governor of Virginia; Daniel Polsley was elected lieutenant governor; James Wheat was chosen attorney general. The governor's coun- cil consisted of Daniel Lamb, Peter G. Van Winkle, Wil- liam Lazier, William A. Harrison and J. T. Paxton. The legislature was required to elect an auditor, treasurer and secretary of state as soon as possible. This closed the work of the convention, and it adjourned the same day to meet again August 6.
A new government existed for Virginia. The legisla- ture which was to assemble in Wheeling in ten days could complete the work.
This legislature of Virginia, consisting of thirty-one members, began its labors immediately upon organizing, July 1. A message from Governor Pierpont laid before that body the condition of affairs and indicated certain measures which ought to be carried out. On July 9 the legislature elected L. A. Hagans of Preston county, secre- tary of Virginia; Samuel Crane of Randolph county, audi- tor; and Campbell Tarr of Brooke county, treasurer. Wait- man T. Willey and John S. Carlisle were elected to the United States senate.
The convention which had adjourned June 20 met again August 6 and took up the work of dividing Virginia, whose government had been reorganized and was in working order. The people wanted a new state and the machinery for creating it was set in motion. On July 20 an ordinance was passed calling for an election to take the sense of the people on the question, and to elect members to a consti- tutional convention at the same time. In case the vote favored a new state, the men elected to the constitutional
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HISTORY OF HAMPSHIRE.
convention were to meet and frame a constitution. The convention adjourned August 2, 1861. Late in October the election was held, with the result that the vote stood about twenty-five to one in favor of a new state.
CHAPTER XI.
-
FORMATION OF WEST VIRGINIA,
The reorganized government of Virginia made all things ready for the creation of the new commonwealth. The people of Western Virginia had waited long for the opportunity to divide the state. The tyranny of the more powerful eastern part had been borne half a century. When at last the war created the occasion, the people were not slow to profit by it, and to bring a new state into ex- istence. The work began in earnest August 20, 1861, when the second Wheeling convention called upon the peo- ple to vote on the question; and the labor was completed June 20, 1863, when the officers of the new state took charge of affairs. One year and ten months were re- quired for the accomplishment of the work; and this chap- ter gives an outline of the proceedings relative to the new state during that time. It was at first proposed to call the state Kanawha; but the name was changed in the consti- tutional convention at Wheeling on December 3, 1861, to West Virginia. On February 18, 1862, the constitutional convention adjourned, subject to the call of the chairman. In April of that year the people of the state voted upon the ratificatien of the constitution; and the vote in favor of rati- fication was 18,862, and against it, 514. Governor Pier- pont issued a proclamation announcing the result, and at the same time called an extra session of the Virginia legis- lature to meet in Wheeling May 6. That body met, and six days later passed an act by which it gave its consent to a division of the state of Virginia and the creation of a new state. This was done in order that the constitution
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HISTORY OF HAMPSHIRE.
might be complied with; for, before the state could be di- vided, the legislature must give its consent. It yet re- mained for West Virginia to be admitted into the union by an act of congress and by the president's proclamation. Had there been no opposition and had there not been such a press of other business this might have been accomplished in a few weeks. As it was there was a long and bitter con- test in the senate. The opposition did not come so much from outside the state as from the state itself. John S. Carlisle, one of the senators elected by the legislature of the reorganized government of Virginia at Wheeling, was supposed to be friendly to the cause of the new state; but when he was put to the test it was found that he was strongly opposed to it, and he did all in his power to defeat the movement, and almost accomplished his purpose. The indignation in Western Virginia was great. The legisla- ture, in session at Wheeling, on December 12, 1862, by a resolution, requested Carlisle to resign the seat he held in the senate. He refused to do so. He had been one of the most active advocates of the movement for the new state while a member of the first Wheeling convention, in May, 1861, and had been a leader in the new state movement be- fore and after that date. Why he changed, and opposed the admission of West Virginia by congress has never been satisfactorily explained.
One of the reasons given for his opposition, and one which he himself put forward, was that congress attempted to amend the state constitution on the subject of slavery, and he opposed the admission of the state on that ground. He claimed that he would rather have no new state than have it saddled with a constitution, a portion of which its people had never ratified. But this could not have been the sole cause of Carlisle's opposition. He tried to defeat the bill after the proposed objectionable amendment to the constitution had been satisfactorily arranged. He fought it in a determined manner till the last. He had hindered
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FORMATION OF WEST VIRGINIA.
the work of getting the bill before congress before any change in the state constitution had been proposed.
The members in congress from the reorganized govern- ment of Virginia were William G. Brown, Jacob B. Blair and K. V. Waley; in the senate, John S. Carlisle and Wait- man T. Willey. In addition to these gentlemen, the legis- lature appointed as commissioners to bring the matter be- fore congress, Ephraim B. Hall of Marion county, Peter Van Winkle of Wood county, John Hall of Mason county, and Elbert H. Caldwell of Marshall county. These com- missioners reached Washington May 22, 1862. There were several other well-known West Virginians who also went to Washington on their own account to assist in securing the new state. Among them were Daniel Pols- ley, lieutenant governor of West Virginia; Granville Parker and Harrison Hagans. There were members of congress and senators from other states who performed special ser- vice in the cause. The matter was laid before the United States Senate May 29, 1862, by Senator Willey, who pre- sented the West Virginia constitution recently ratified, and also the act of the legislature giving its consent to the creation of a new state within the jurisdiction of Virginia, and a memorial requesting the admission of the new state. In presenting these documents, Senator Willey addressed the senate and denied that the movement was simply to gratify revenge upon the mother state for seceding from the union and joining the Southern Confederacy; but, on the contrary, the people west of the Alleghanies had long wanted a new state, and had long suffered in consequence of Virginia's neglect, and of her unconcern for their wel- fare. Mr. Willey's address was favorably received, and the whole matter regarding the admission of West Vir- ginia was laid before the committee on territories, of which Senator John S. Carlisle was a member. It had not at that time been suspected that Carlisle was hostile to the move- ment. He was expected to prepare the bill. He neglected
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HISTORY OF HAMPSHIRE.
to do so until nearly a month had passed and the session of congress was drawing to a close. But it was not so . much the delay that showed his hostility as the form of the bill. Had it been passed by congress in the form proposed by Carlisle the defeat of the new state measure must have been inevitable. No one acquainted with the circum- stances and conditions had any doubt that the bill was pre- pared for the express purpose of defeating the wishes of the people by whom Mr. Carlisle had been sent to the sen- ate. It included in West Virginia, in addition to the coun- ties which had ratified the constitution, Alleghany, Augusta, Berkeley, Bath, Botetourt, Craig, Clark, Fred- erick, Highland, Jefferson, Page, Rockbridge, Rocking- ham, Shenandoah and Warren counties. The hostility in most of these counties was very great. The bill provided that these counties, in conjunction with those west of the Alleghanies, should elect delegates to a constitutional con- vention and frame a constitution which should provide that all children born of slaves after 1863 should be free. This constitution was then to go back to the people of the sev- eral counties for ratification. Then, if the Virginia legis- lature should pass an act giving its consent to the creation of a new state from Virginia's territory, and the governor of Virginia certify the same to the president of the United States, he might make proclamation of the fact, and West Virginia would become a state without further proceedings by congress.
Senator Carlisle knew that the counties he had added east of the Alleghanies were opposed to the new state on any terms, and that they would oppose it the more deter- minedly on account of the gradual emancipation clause in it. He knew that they would not appoint delegates to a constitutional convention, nor would they ratify the consti- tution should one be submitted to them. In short, they were strong enough in votes and sentiment to defeat the movement for a new state. All the work done for the
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FORMATION OF WEST VIRGINIA.
creation of West Virginia would have been thrown away had this bill prevailed.
Three days later, June 26, the bill was called up, and Charles Sumner proposed an amendment regarding slavery. He would have no slavery at all. All indications were that the bill would defeat the measure for the new state, and preparations were made to begin the fight in a new quarter. Congressman William G. Brown of Preston county, proposed a new bill to be presented in the lower house. But the contest went on, In July Senator Willey submitted an amendment, which was really a new bill. It omitted the counties east of the Alleghanies, and provided that all slaves under twenty-one years of age on July 4, 1863, should be free on arriving at that age. It now became apparent to Carlisle that his bill was dead, and that West Virginia was likely to be admitted. As a last resort, he proposed a postponement till December, in order to gain time, but his motion was lost. Carlisle then opposed the bill on the grounds that if passed, it would impose upon the people of the new state a clause of the constitution not of their making and which they had not ratified. But this argument was deprived of its force by offering to submit the proposed amendment to the people of West Virginia for their approval. Fortunately the constitutional conven- tion had adjourned subject to the call of the chair. The members were convened; they included the amendment in the constitution, and the people approved it. However, before this was done, the bill took its course through con- gress. It passed the senate July 14, 1862, and was imme- diately sent to the lower house. But congress being about to adjourn, further consideration of the bill went over till the next session in December, 1862, and on the tenth of that month it was taken up in the house of representatives and after a discussion continuing most of the day, it was passed by a vote of ninety-six to fifty-five.
The friends of the new state now felt that their efforts
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HISTORY OF HAMPSHIRE.
had been successful; but one more step was necessary, and the whole work might yet be rendered null and void. It depended on President Lincoln. He might veto the bill. He requested the opinion of his cabinet. Six of the .cabinet officers complied, and three favored signing the bill and three advised the president to veto it. Mr. Lin- coln took it under advisement. It was believed that he favored the bill, but there was much anxiety felt. Nearly two years before Mr. Lincoln, through one of his cabinet officers, had promised Governor Pierpont to do all he could, in a constitutional way, for the reorganized govern- ment of Virginia; and that promise was construed to mean that the new state would not be opposed by the president. ( Mr. Lincoln was evidently undecided for some time what course to pursue, for he afterwards said that a telegram received by him from A. W. Campbell, editor of the Wheeling Intelligencer, largely influenced him in deciding to sign the bill. On December 31, 1862, Congressman Jacob B. Blair called on the president to see if any action had been taken by the executive. The bill had not yet been signed, but Mr. Lincoln asked Mr. Blair to come back the next day. Mr. Blair did so, and was given the bill admitting West Virginia into the Union. It was signed January 1, 1863.
However, there was yet something to be done before West Virginia became a state, The bill passed by con- gress and signed by President Lincoln went no further than to provide that the new state should become a mem- ber of the Union when a clause concerning slavery, con- tained in the bill, should be made a part of the constitution and be ratified by the people. The convention which had framed the state constitution had adjourned to meet at the call of the chairman. The members came together on February 12, 1863. Two days later John S. Carlisle, who had refused to resign his seat in the senate when asked by the Virginia legislature to do so, made another effort to
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FORMATION OF WEST VIRGINIA.
defeat the will of the people whom he was sent to congress to represent. He presented a supplementary bill in the senate providing that President Lincoln's proclamation ad- mitting West Virginia be withheld until certain counties of West Virginia had ratified by their votes the clause re- garding slavery contained in the bill. Mr. Carlisle be- lieved that those counties would not ratify the constitu- tion. But his bill was defeated in the senate by a vote of 28 to 12.
The clause concerning slavery, as adopted by the con- stitutional convention on reassembling at Wheeling, was in these words: "The children of slaves, born within the limits of this state after the fourth day of July, 1863, shall be free, and all slaves within the said state who shall, at the time aforesaid, be under the age of ten years, shall be free when they arrive at the age of twenty-one years; and all slaves over ten and under twenty-one years, shall be free when they arrive at the age of twenty-five years; and no slave shall be permitted to come into the state for per- manent residence therein." The people ratified the con- stitution at an election held for that purpose. The majority in favor of ratification was seventeen thousand.
President Lincoln issued his proclamation April 20, 1863, and sixty days thereafter, that is June 20, 1863, West Virginia was to become a state without further legislation. In the meantime, May 9, a state convention assembled in Parkersburg to nominate officers. A confederate force under General Jones advanced within forty miles of Par- kersburg, and the convention hurried through with its labors and adjourned. It nominated Arthur I. Boreman of Wood county for governor; Campbell Tarr of Brooke county for treasurer; Samuel Crane of Randolph county for auditor; Edgar J. Boyers of Tyler county, for secre- tary of state; A. B. Caldwell of Ohio county, attorney general; for judges of the supreme court of appeals, Ralph L. Berkshire of Monongalia county, James H. Brown of
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Kanawha county, William A: Harrison of Harrison county. These were all elected late in the month of May, and on June 20, 1863, took the oath of office and West Virginia was a state. Thus was fulfilled the prophecy of Daniel Webster in 1851 when he said that, if Virginia took sides with a secession movement, the result would be the forma- tion of a new state from Virginia's transalleghany terri- tory.
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