USA > West Virginia > Myers' history of West Virginia (1915) Volume II > Part 19
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by December next, will they ever do it? How long, gentle- men, do you propose to remain as you are? How long is the government to be employed in relieving from the evils of seces- . sion, and the destruction that rebellion brings upon the coun- try, the people of this one State? If it takes a longer period than the meeting of next Congress in December to sweep rebellion out of our State, how long will it take to sweep it out of all the rebellious States? Sir, when is this war to end? We happen to know that the only hope of East Tennessee as to relieving her people is in their organizing a separate and independent State government for the loyal portion of that Commonwealth. And we do happen to know that the government does regard with favor the effort that is to be made there as soon as the advancing columns of the Federal army shall march into that region of country and enable its loyal citizens to perform this deed.
"But, sir, it is said that our boundaries are not sufficiently large. I avoided, intentionally avoided, in drawing up these resolutions, including within the limits of this new State a single county which I do not believe, by a large majority of its people, would desire to be a part and parcel of it, except two. There are two counties named above in which I have the slightest doubt as to the sentiments of their people, and they are so situated that it is absolutely essential that they shall belong to us; and a necessity for their belonging to us justi- fies their being included within our limits. Their interests, like ours, are identified with those of other States and the State of Virginia. The great thoroughfare between this and the Atlantic passes through them, and we never can, we never ought, it would be unjust to them and to us, to allow that territory to be included within the limits of any other State.
"Then it is said that we have friends from Fairfax and Alexandria who would like to go with us. One of the reso- lutions secures you the way. If Alexandria and Loudon desire, let their people speak, and an ordinance of this con- vention will provide for their admission. But, sir, there is a bill now introduced into the Senate of the United States, and for which I intend to vote unless otherwise instructed by the gentlemen who have honored me with a place there, declaring
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the law ceding Alexandria County to the State of Virginia unconstitutional and a nullity, and providing for its return to the District of Columbia. This is but in compliance with my own views, expressed on the floor of the Senate of Vir- ginia some years ago when the question of admission of a delegate in the House was determined favorably under the retrocession of Alexandria County. I introduced resolutions into the Senate then which would have excluded him, and denying the constitutionality of the act: but it was the first winter of my legislative experience, and I was prevailed upon to let the go-by be given to them. I have no doubt, and have always believed, that this District was selected by the Father of His Country with a view to placing the capital beyond the reach of any ordinary military assault; and the possession of Alexandria County is necessary today to put Washington in a state of proper military defense. I think the instant the territory was ceded by Maryland and Virginia, all the powers they had they conferred upon Congress, under the constitu- tion to exercise exclusive legislative jurisdiction to legislate for the people within the prescribed limit.
"Thus it seems to me that the initiation of proceedings now by this convention, none of them being of binding effect. none of them affecting at all our political status, none of them affecting in the slightest degree our relation either to the State or Union, until they have been assented to by the Legislature, which does not meet until December. and until our admission into the Union by Congress, which does not convene until December-none of them affecting at all our relations either to the rest of the State or of our own State. as a people-I cannot for the life of me see how the voice of the people, which comes up to us in tones not to be misunder- stood, dare be disregarded by members of this body : and why any effort should be made to procrastinate and delay action in the face of the circumstances that surround us, where by possibility procrastination may be death. No man is author- ized to say what the Government of the United States will do. or will not do. We have nothing to do with any part of that government save the legislative department, when to Con- gress, and to Congress alone, is committed by the constitution
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the right to determine whether we shall be admitted or not. I care not what other departments of the government may think of this question.
"But, then, we have been compelled to ask that the forces of the government be sent on here to protect us, and they might take them away. Sir, how can they desert us, how dare they desert us, when the instant they desert us they desert the Union? Virginia is to be the battle field. This is to be the battle ground. Here is where the question of supremacy of the laws is to be decided. Sweep out Unionism from this portion of Virginia, and secession has nothing to do but to march from the southwest corner of the State into East Ten- nessee, inaugurate rebellion in Kentucky, and the Southern Confederacy is a fixed fact. Then the administration dare not desert us in this hour; and we are powerless in our present condition to aid the administration. Where would we have been had it not been for the United States military force that was sent into our midst? So impressed was I and the rest of the members of the Central Committee, that there must be no delay, and the opinion that longer delay would find us in the power of the secessionists, that they started me on the 23rd of May, to urge these facts upon the attention of the administration. On the next day after I arrived at Washing- ton, the telegraph bore the order to General Mcclellan to move. They cannot desert us, whatever thier opinions may be. They cannot leave us at this hour, as bondsmen of the field sold to those who have engaged in this effort to destroy our republican institutions. There is no just or well-founded apprehension of this that any member of this body can reason- ably entertain.
"But there is another objection. It is said that the Legis- lature at its late session refused its assent to a separation. According to the constitution, sir, I think they had no right. or at least there was no necessity, for their giving their assent at this time. The assent of Congress to the admission of a State into the Union is never given until after the application has been made. I say never, as a general rule. When a Territory seeks admission into the Union as a new State, it seeks it after it has assembled its convention, framed a con-
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stitution and elected officers under it. Then it presents its application, accompanied by its constitution, to the Congress of the United States, and then Congress acts on the applica- tion. No previous assent is necessary. Call to mind the action of the Senate of the United States upon the proposition urged with so much ability and zeal by the late lamented Senator from Illinois ( Mr. Douglas) in relation to the Kansas question. He desired to introduce a rule that should operate on all future Territories asking admission into the Union. that the consent should not be had after the organization of the Territory into a State by the adoption of a constitution and the election of officers, but that Congress should. prior to any action taken by their people, pass what he was pleased to call an 'enabling act'. But, sir, the project fell still-born from the author. It has never been the practice of this gov- ernment before then or since, to act on the application of a State for admission, until the people of the proposed new State acted themselves, and transmitted to Congress with their application their constitution. Why? Because one of the requirements of the constitution is that the State to be admitted into the Union must have a republican form of gov- ernment. And how could Congress give its assent to the admission of a State without having before it the constitution of the State to enable the members to judge of the form of government proposed for the new State-to see whether it is such a constitution and form of government as the consti- tution requires and demands it to be?
"Thus the consent of Congress must come afterwards. There is, sir, the same propriety that the assent of the Legis- lature should come after the act of the people- the Legislature giving its assent to the organization of a government to be thereafter formed! The Legislature giving its assent to the separation of a people, from the State in which they have here- tofore lived, before an official sense of that people has come up to them desiring a separation! There was an obvious propriety, in my humble opinion, in the Legislature refusing at its last session this assent. While 1. if I had been a member of the body, might have voted for it, for the pur- pose of hurrying this thing on, and while it might have been
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repealed at its very next session, after the vote of the people had been taken upon the constitution, and might have been held for naught, yet I say, entertaining the convictions that I do, that three-fourths of the people within this boundary desire a new State, I might have been the foremost of those who desired the Legislature to give its assent. But it would not have been worth that (a snap of the finger), liable to be repealed, taken back, at the very next meeting of the Legis- lature, and probably upon the formation of a form of govern- ment and of a return of the sense of the people, circumstances could have shown an obvious propriety in withholding the assent.
"What is the language of the constitution on this subject ? Will my friend from Marion find in this constitution the language I desire to quote?"
Mr. Smith-"With pleasure."
Mr. Carlisle-"Then, sir, there is another consideration. In times like these, when all the energies of the people are taxed for the great purpose of aiding the government in its efforts to crush rebellion, we should harass our people as little as possible with the expenses to be incurred any way. Now, sir, by the ordinances of this convention. passed during its session in June, organizing this government, every officer is limited in his turn to six months, or until his successor shall be clected and qualified. There will, therefore, have to be within or near the period of time when we propose to call the people from their homes and ascertain their sense on this question, an election of some sort or other.
"But here is the clause of the constitution in reference to the formation of new States :
"'New States may be admitted by Congress into this Union, but no new State shall be formed or erected within the jurisdiction of any other State, or any such State formed by the junction of two States or parts of States, without the consent of the Legislatures of the States, as well as of the Congress.'
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"Is there anything in that provision to limit the action of the convention in taking the initiatory steps to organize a separate State government, as to time of the manner in which it is to be done? Surely not. Ascertain the sense of the people in your proposed boundaries, lay before them the form of government you expect to extend over them, and with this before them. let them say whether they desire it or not; and if they do, their servants in the Legislature can give their consent.
"Sir, you will remember that this Legislature, if recog- nized at all. is recognized as the Legislature possessing all the powers that the Legislature of any State can exercise. That thing is fully, clearly decided by the Supreme Court in a case reported in Curtis' report, familiarly known as the case of Luther vs. Borden. The decision says that the admission of representatives in Congress upon the floor of the Senate binds every other department of the government, settles the ques- tion as to what is and who is the government of the State. This is the language of it. The question is settled. If you are the Legislature, if you do represent the State. and are recognized as such by the admission of Senators in Congress, then your legislative capacity can never be questioned by any department of the Federal government.
"Now, Mr. President, there is a just expectation in the country on the part of the people we represent here. that this action will be no longer delayed. They are looking for it. expecting and demanding it. And I cannot for the life of me-it may be owing to my obtuseness of intellect that I cannot understand the mystery and pierce the clouds that are around and about me-but I cannot see any reason why you should refuse to those you represent your masters, my mas- ters, the legitimate sovereigns, the people the right. in a form prescribed by you, to declare their wishes and will upon this subject. Why. sir, should it be withheld? What is driving from our borders many of our people within its limits ? And what is preventing thousands upon thousands of others from coming amongst us? What is wanted to develop the immense deposits of mineral wealth that fill our hills and with which our valleys teem? A separate and independent exist-
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ence-a position that nature has designed us to occupy. I said here last spring that five years, aye, sir, I will say now that three years, will not roll around until our population will be quadrupled, and there will be more people in the limits of the proposed boundary of the new State than there are in the whole State of Virginia today. Our neighbors in Ohio and Pennsylvania and our friends in many other States of the Union are all looking and anxious for it. I have lately re- ceived hundreds of letters making inquiry in regard to a sepa- ration. Everywhere loyal hearts are beating to come and share with us the destiny we ought to provide for ourselves and which nature has designed for us, if we have but the manliness and are equal to lift ourselves to the circumstances that surround us.
"For centuries under the incubus of a false political philosophy, we have remained here, digging, almost in a primitive state, from the bowels of the earth the necessary means of support, while nature has filled us to overflowing with all the elements of wealth, seeking nothing in the world but the hand of industry to develop them and bring them finto active use. Borne down by an castern governmental majority, cut off from all connection or sympathy with a peor'e with whom we have no commercial ties, we have endured the disas- trous results that ever must flow from an unnatural connec- tion. Cut the knot now! Apply the knife! You are com- poled to wait at best for a realization of your hopes some four or five months, and by that time the advancing columns of the nation's army will have moved rebellion far beyond your bor- ders, or they will have been stayed forever in their march." (Loud applause.)
Speech of Judge Chapman J. Stuart.
"Mr. President :- - I do not propose to discuss the merits of this question. I am sorry it is pressed upon the consider- ation of this body at this time. A bill on this subject will be reported at an early day by the Special Committee on a Division of the State and the question will then come up in due form. And, sir, I do not want to see the hand of the com-
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mittee tied at this time by resolutions like these. I desire this committee to be free to discuss the measures proposed in these resolutions without having any embarrassment to con- tend with, or without having its hands tied by any proposition of this character.
"It strikes me, sir, that the best way to dispose of these resolutions would be to lay them on the table. Let this com- mittee report. I presume it will report advisedly when it does, having a member from each county represented on this floor. They are preparing a report : let us have it.
"I would like very much, if I had not determined in the outset that I would not go into the merits of this question, to pay my respects to my friend from Harrison. I have been following him. sir. for a long time. He has assumed many positions. I wish to indicate to the convention that I will make a motion to lay on the table before I leave the floor. ; am not prepared at this time to discuss the merits of this question. I did not anticipate it would be forced upon his body at this time. I supposed no one member would seek to tie the hands of this committee by instruction. when the indi- cation has been thrown out that a bill for dividing the State is about to be reported.
"But I have been following the gentleman for a long time. I have been a member with him in several conventions and have supported him often, but I must be permitted to say here that if the gentleman in former conventions had inti- mated the same things he has in this, he would have found one minus, at least, at a certain time. I have heard him often before, but never did I hear him hold out a single doubt as to the ability of this government to sustain itself and put down the rebellion. This is the first intimation of this kind. And now, at a time when we should all be united, for our old stand-by and champion to come forward and intimate a doubt on this question"-
Mr. Carlisle- "Mr. President. if the gentleman from Doddridge had attended to what I said with the same interest I listened to what he said, he would not have represented me as he has done. I said today what I have always said
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heretofore, that I believed this government would maintain the integrity of the Union ; that I believed it would put down this rebellion ; but I said, what he and all must know, if I had never said it, that there are things that take place sometimes that have not been anticipated in minds as feeble as mine ; and I said there was a possibility-that the thing is possible-that the government may not do what we believe they will. I give it as my belief, and it is worth no more than the belief of any one else, that they will put down rebellion; but it is possible I may be mistaken. That was all I said; in other words, I granted it was possible that I might be mistaken."
Mr. Stuart-"I fully understand the gentleman, Mr. President, and it is the first time that I ever heard him assert the possibility of anything of the kind. He has been the most uncompromising for putting down this rebellion, and never yet had a possible doubt on the question. Read his speeches, and you will never see a doubt expressed in the mind of the gentleman. Certain members of the convention now present know that the position occupied by the gentleman now is one formerly presented before a certain body by myself-that there was always doubt-that there might be a possibility, you know; but that doubt was expressed by me before any reverse in our arms had taken place, or was even anticipated. But at this stage of things, no man will ever find me express- ing a doubt. It is not a time to do so. It is a time to lift our- selves above all personal feelings and motives, and look only at the great issue involved before our country. We should not be looking solely at Western Virginia's interests. Our object should be to support the general government in putting down this rebellion, and never for one moment hold out a doubt that the government is to succeed. I suppose the doubt in the mind of the gentleman is the reason why he is pressing this matter prematurely, wanting to tie even the hands of the committee to prevent it from reporting the bill. A doubt ! Sir, let us have no doubts, there are no doubts about it.
"Why, sir, the gentleman's resolutions propose to tie the hands of the committee, and instruct not only this committee, but the Committee on Business, to report a constitution and
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form of government for this new State, saying at the same time, that the State Legislature that was convened by act of this body repudiated action on this subject at this time. 1Ic says this question should rise from the people. Well, who are the people? Was not the State Legislature the people? Is not this convention the people, or is it our constituents the gentleman appeals and refers to? If it is our constituents, gentlemen, I want you to point me to a solitary act that ever authorized us to come here for the purpose of dividing the State and forming a constitution. If they have done so, then. sir, I will be with the people. If not, then I am for referring this question to the people and letting them speak ; and if they speak for a division, then, sir, I am willing for it. But I was not sent here for the purpose of dividing the State of Virginia. or making a constitution. The thing never was mooted be- fore my people, but just the reverse. I came here to aid the general government in putting down the rebellion, and if it was not for that. I do not know what I came here for at all.
"I do not propose to go into the merits of the question raised by the gentleman from Harrison. I merely wish to indicate to you why I think hasty or premature action at this time would embarrass the general government in putting down this rebellion, and place us in a worse attitude even than we are at present. I simply rose for the purpose of moving to lay these resolutions upon the table. Let the committee that have this matter under consideration make their report, and do not tie their hands. I move to lay the resolutions upon the table."
Speech by Hon. Waitman T. Willey.
Following the adoption of the report of the Committee on State and Federal Relations at the Wheeling convention. on Wednesday, May 15, 1861, as recorded in chapter on the "Formation of West Virginia", several speeches were made. one of the most important of which was that delivered by Hon. Waitman T. Willey, which we here reproduce as re- ported by the Wheeling Intelligencer at that time:
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"Mr. President and Fellow Citizens :
"Whilst I appreciate with sentiments of heartfelt grati- tude the compliment you pay me in calling me out at this period, in the deliberations of our convention, I am sure you would be disposed to excuse me if you were aware of the pain and suffering under which I am constantly laboring. Ever since yesterday morning at seven o'clock, when I was attacked, I assure you most sincerely that I have been in the most excruciating torture. Last night I slept scarcely one moment ; and nothing but the heartfelt and deep and absorb- ing interest that I have felt in the deliberations of this body has kept me on the floor until this time. But I tell you, fellow citizens, I have felt during all this struggle, from the time it began in the Virginia convention until now, something of the spirit of the noble Roman youth, who, cap a pie, mounted, armed and equipped for the sacrifice, voluntarily rushed into the opening chasm of the forum, a voluntary victim to appease the gods of strife that were bringing desolation on his country. And I assure you tonight, if by laying down my humble life on the altar of my country I could bring back peace and har- mony, and reorganize and restore the glorious Union which our fathers formed for us. I would willingly as I ever sat down to partake of the dainties of life, render that sacrifice this day, and this hour. (Applause.)
"And, fellow citizens, much as some of you have mis- apprehended my soundness on this question, in this good city of yours, feeble as I am in health, with a constitution broken by the anxiety of the struggle of the last two and a half months for the perpetuity of that very Union, for a want of fidelity to which I am suspected at this time, I am ready when the hour comes-I am ready when the constitution has been exhausted-1 am ready when it has been ascertained that the great legitimate agency of republican liberty is not sufficient to bring about the revolution that is to secure to us our just rights at the ballot box-when the law fails-when the con- stitution fails in securing these rights, I am ready to stand among the foremost of those who have been here today to suspect me. It is not because I do not love the Union that I have taken the conservative position on this occasion; it is
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not because I do not love my fellow citizens of Wheeling ; not because I am not faithful and true to the common princi- ples to which you are engaged ; it is not because I love Caesar less, but because I love Rome more.' (Applause.)
"I have very little of this world's goods ; but I have herit- age enough-about the 27,000.000th part of the prestige anl glory of him who can look upon the stars and stripes, and call it his country's flag (cheers), and who, with that infinitesimal particle of glory, is richer by far than he who, with the richert heritage that ever fell to the lot of man, did not have the name and prestige of an American citizen. (Applause.) I do not intend to surrender it until I am compelled until 1 am sub- dued, heart, soul, fortune, and body. (Cheers.)
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