Monuay, March 18th, 1861.
The Convention was called to order at half-past 10 o'clock. Very few members were present, and it is a noticeable fact that among the absentees were a large proportion of those who voted for the resolution to change the hour of meeting.
Prayer by
the Rev. Mr. Brown, of the Presbyterian Church.
Taxation and representation.
The pending question at the adjournment on Saturday was on a motion of
Mr. Sea cohter,, of
Campbell, to lay on the table the resolutions of
Mr. Willey, of Monongalia, viz:
Resolved. That taxation should be equal and uniform throughout the
Commonwealth, and that all property should be taxed in proportion to its raise.
Resolved. That a committee of thirteen members be appointed to prepare and report to the
Convention such alterations of sections 22 and 23 of Article IV.
of the
Constitution of the
Commonwealth, in shall conform said sections to the principle of taxation enunciated in the foregoing resolution.
Resolved. That a committee of thirteen members be appointed to take into consideration so much of Article VI.
of the
Constitution of this Commonwealth, as relates to the Supreme Court of Appeals, the
District Courts, Circuit Courts, and County Courts; and that they report such amendments and modifications thereof as they may deem necessary and proper.
Resolved, That the basis of representation in the two Houses of the General Assembly should be the same.
Therefore, be it further
Resolved, That a committee of twelve members, to be selected in equal numbers from the four great divisions of the
State, be appointed to apportion representation in the Senate according to the number of the qualified voters in the
Commonwealth, and that they report amendments of the an Article of the
Constitution accordingly.
In consideration of the small attendance of members,
Mr. Brown, of
Preston, appealed to the gentleman from
Campbell to withdraw his motion to lay the resolutions on the table,
Mr. Slaughter declined to withdraw the motion.
He believed that the resolutions were like a firebrand thrown into the midst of the
Convention, to inflame excitement and produce dissension.
Mr. Clemens, of
Ohio, rose to a question of order.
He said there was no quorum present, and it was incompetent for the
Convention to proceed to the transaction of any business.
A call of the
House was then ordered, and it was ascertained that, at 11 o'clock, 85 members were in attendance — sufficient to constitute a quorum.
Several members, it was announced, were on the sick list; some were engaged in other duties at the Legislature; some were in the
Committee on Federal Relations, and some absent from the city.
Mr. Slaughter now consented to withdraw his motion to lay the resolutions on the table.
Mr. Brown proceeded to address the
Convention upon the subject of the resolutions,commencing with a defence of the institution of slavery.
He contended that the keeping ofthis property, so peculiar to the
East, was much safer in the custody of the
Western people,who were denounced there as abolitionists, than if committed solely to the care of the noisy crowd who went about the streets of
Richmond, at unusual hours of the night.-- His people had been called submissionists; and if submission to the laws of the land made them liable to the charge, they were submissionists.
They admitted the right of revolution, which, however, ought to be exercised only after all measures of conciliation failed.
They would defend the people of the
East against aggressions of their enemies, but they desired that justice should be done to them.
They wanted a law by which the rthens of taxation would fall equally upon all. He hoped the resolutions would pass, forthe proposed inquiry ought to be made.
Mr. Fisher, of
Northampton, made an argument upon the question of taxation.
Hehad supposed when the
Convention was called, that it was called to consider no other man the great question before the country.--He did not doubt the patriotism of the gentlemenfrom the
Northwest, but if they would give us an Ordinance of Secession, pledging themselves to go before their people and urge the same, he was willing to go into the question of taxation, and concede to them what they asked, though he deemed it foreign to the purposes of the
Convention.
He said there was no gentleman here so stultified as not to recognize the fact that we were degraded by Northern aggressions; and he appealed to the
Northwest to come up and redeem the
Commonwealth, and whatever was right and proper would readily be conceded.
The people of
Richmond, to whom the gentleman from
Preston had alluded, might, by the inaction of this Convention, be driven to the necessity of bread riots, such as would be witnessed in the streets of
Baltimore,
Philadelphia and New York within the next sixty days.
Mr. Fisher renewed the motion to lay the resolutions on the table, but withdrew it at the request of
Mr. Turner, of
Jackson, who proceeded to relieve the
Northwest from the charge of unfair dealing in introducing the question of taxation.
He showed that the act calling the
Convention contemplated a change in the organic law of the
State.
Mr. Turner raised a question of order, to the effect that similar resolutions, offered by himself, some time ago, were now upon the table; but the question was not pressed.
Mr. Early, of
Franklin, spoke of the newspaper report, that there existed a bargain among the members from the different sections; that if the
Eastern men would vote on the side of Union, the
Northwest would yield the question of taxation.
He knew nothing of such a bargain.
He was not prepared to vote for a change in the organic law of the
State, his people were interested in the great questions now agitating the nation; but he was willing to vote for a resolution to confide the subject to a committee.
They could report at an adjourned session of the
Convention, for it was pretty well understood that the
Convention would adjourn over.
Mr. Wilson, of
Harrison, alluded to the constant charge of disloyalty and abolitionism, brought against the people of the
Northwest.
It was time it should be stopped.
He admitted that there were abolitionists in that quarter of the
State, but expressed his belief that there were more in the city of
Richmond than in his whole Congressional district.
It was his belief that if something were not done in regard to the taxation of slave property, there would be a conflict — not between sections of the
State--but a dire and irrepressible conflict between the laboring man and the slaveholder.
He strongly maintained the loyalty of
Western Virginia, and if a settlement could not be obtained, he would go for severing the Gordian knot which binds us to the
Union; but he thought with a little time and patience the whole difficulty might be adjusted.
Mr. Branch, of
Petersburg, thought that slave property ought to be taxed according to its value to the owner in
Virginia, not according to its value in
Louisiana and
Mississippi.
if the
Convention were to pass an Ordinance of Secession, he thought the organic law in respect to taxation ought to be changed.
The mercantile class of the
East, he contended, bore a proportion of the taxes more than equivalent to the taxes paid by the
West, of which they so much complained.
He was opposed to action upon the subject now. The Convention had no right to change the
Constitution while
Virginia remained in the
Union.-- He believed, that in the event of withdrawal, every slaveholder in
Eastern Virginia would willingly submit to an equalization of taxes.
He decanted upon the law taxing the income of labor as unjust and oppressive.
Mr. Caperton, of
Monroe, alluded to the remark of the gentleman from
Franklin, proposing to confide the subject to a committee, and postponing action thereupon to an adjourned session of the
Convention.
He conceived that such a course would show to the people of the
North that we were involved in difficulty upon a domestic question, and consequently retard any action proposed by the
Convention upon the
National difficulties.
He thought the subject of taxation should at once be laid upon the table, and that it ought not again to be agitated.
The people demanded no such action, and the
Convention was called for no such purpose.
The Constitution, as remodeled in the last Convention, provided for the continuance of the existing order of things until 1865, and the people having ratified that instrument, the inference was that they were satisfied that the arrangement should not be disturbed previous to that period.
The present time, he contended, was the most inopportune of all others for the agitation of the question.
At the proper time he would unite with them in an effort to render the organic law acceptable to all sections; but the present he did not consider the proper time, and he hoped the resolutions would be laid upon the table.
Mr. Johnson, of
Richmond city, said he would not have participated in this debate, but for the extraordinary remark of the gentleman from
Harrison, (
Mr. Wison,) that there were as many abolitionists in the city of
Richmond as in the whole Northwestern portion of the
State.
Mr. Wilson corrected the member from
Richmond.
He had expressed his belief that there were as many abolitionists in the city of
Richmond as there were in his Congressional District--not in the whole Northwest.
He relied upon common reports in forming this opinion, having no personal knowledge of the fact.
Mr. Johnson said he hoped there were none, either there or here.
He would, however, caution his friend from
Harrison to seek for his information in a field beyond the calumnies circulated in the newspapers of
Richmond.
He repelled the statement that there was any abolitionism among the people whom he represented:
‘
One thing was certain — that, upon the poll-books of the section represented by the gentleman from
Harrison were recorded votes for
Abraham Lincoln, while the poll-books of
Richmond exhibited no such record.
He thought it a condescension in the
Convention to be indulging in crimination and recrimination, and in appeals to local prejudice.
There was a higher duty to perform.--The country was in danger, and the fair Temple of Liberty was tottering to its foundation.
He protested against the complication of that great question by meddling with the subject of taxation.
What good could it produce?
If we became alienated now upon minor questions, how could we look for harmony upon the great national question on which the people expected the
Convention to act?
He had heard from the lips of the gentleman from
Northampton a proposition for a bargain to the
West; that if they would come over and help to dissolve the ties which bind us to the
Union, they should have all they wanted; and he had the temerity to say he did this without consultation with his constituents.--He (
Mr. Johnson) hoped that the constituents of that gentleman would not sustain him in this, and that he would find himself solitary and alone.
He would vote to lay the resolutions on the table, for he believed their consideration now would embarrass the primary question which the
Convention was called to consider.
’
Mr. Woods, of
Barbour, said he had hoped there would have been magnanimity enough among Eastern gentlemen to have proposed a plan for equalizing the taxes, without waiting for it to come from the
West.
He regretted the latitude that the debate had taken, and that there was so much excitement on the question, which merely proposed the raising of committees to make inquiries.
Every grievance complained of by any portion of the citizens of the Common wealth, he thought, ought to be removed by this Convention.-- With regard to overtures to be made to the
North, he did not believe that the
Convention would rise to the dignity of making any demands about which there was any doubt of acceptance, even by
Massachusetts.
He came from the much despised Northwest, and though he loved the
Union, he did not love it well enough to be willing to lay down all his rights as a man — not well enough to say to
Virginia, the good old mother, lay down your imperial robes, clothe yourself in sackcloth, and bend the suppliant knee to
Abraham Lincoln.
The President here announced that the hour had arrived for going into Committee of the Whole for the purpose of considering the report of the
Committee on Federal Relations.
Mr. Doeman, of
Rockbridge, moved that the execution of the order of the day be postponed in order to give the gentleman from
Barbour an opportunity of finishing his remarks; but directly withdrew the motion.
The Maryland Commissioners.
The
President.--Before going into committee, I beg leave to lay before the
Convention a communication from
Hon. Wm. Mitchell and others, Commissioners from
Maryland.
The communication was read by the
Secretary, as follows:
‘
To the Honorable, the President of the Convention of the People of Virginia: ’
The undersigned, citizens of
Maryland, have been appointed a committee on behalf of a Conference Convention, representing a portion of the citizens of the city of
Baltimore, and of nearly all the counties of
Maryland, to communicate with the
Convention over which you preside, in reference to a matter in which they deem themselves deeply concerned, and which is now occupying the attention of your body.
It is upon the subject of the proposed Conference with the
Southern Border States.
It is especially to be understood, that in anything we may say, there must be no inference that this particular measure, or any other, is, in our judgment, or in the opinion of those persons whom we represent, to be preferred.
We entirely disclaim any purpose even to suggest what would be the judgment of our constituents, did the occasion make it proper to express it. Our design is solely to invite the attention of the
Convention to the importance of one particular consideration, if, and when, the proposed Conference shall be found acceptable to your Convention.
In that event believing (as those whom we represent have instructed us to say they do believe,) that the people of
Maryland will accept such an invitation, it becomes, as we respectfully suggest, a matter of equal interest to each and all the
Border States, to secure, as far as it may be done, a full, fair, and accurate expression of the popular will, in such a form as to leave no doubt either of its character or of the authority of those who may be selected as its agents and representatives.
The proposition before your body requires the delegates to the Conference to be selected
by the ‘"proper authorities of those States."’
If any existing organized department of the
Government of
Maryland should attempt the selection of delegates to such a Convention as is proposed, it would undoubtedly be resisted by the people, and, in that event, conflicting claimants would present themselves as rightful exponents of the popular sentiment, duly entitled to be received as such.
Our sole object is to avoid, by the terms of the invitation, all occasion for such collision; and, with this view, we respectfully suggest such an alteration in the language of your resolution as will express its object to be that delegates to the proposed Convention shall be
elected, either
directly by the people, or through the agency of a sovereign State Convention.
In the hope and expectation that this request will be favorably considered by your Convention, we have the honor to be, very respectfully, your obedient servants,
W. Mitchell,
E. F. Chambers,
Wm. Henry Norris,
Isaac D. Jones,
J. Hanson Thomas.
Mr. Fisher, of
Northampton, moved that the communication be laid on the table and printed.
Mr. Samuel McDowell Moore, of
Rockbridge, hoped the order to print would not be adopted.
The Convention was already annoyed enough by the proceedings of county meetings and other matters, without being burdened by the printing of communications from other States.
The Convention had received no information as to who had sent those Commissioners here, and he looked upon the proceeding as rather an assumption on their part.
Mr. Conrad, of
Frederick, differed with the member from
Rockbridge.
He at least knew enough of the character of the gentlemen composing the Commission, to say that they were entitled to respect.
He suggested that the member from
Northampton modify his motion, and let the communication be referred to the
Committee on Federal Relations.
Mr. Fisher accepted the modification, and the paper was so referred and ordered to be printed.
Committee of the Whole.
The Convention resolved itself into a Committee of the Whole, (
Mr. Southall, of
Albemarle in the chair,) and proceeded to consider the report of the
Committee on Federal Relations.
Mr. Randolph, of
Richmond City, resumed his remarks.
He read from the opinion of
Judge Curtis, the exponent of Black Republicanism on the
Supreme Bench of the
United States, that slavery was only a creature of municipal law, and could have no existence beyond the circumference of the law so creating it; also, from the opinions of Lord Mansfield and Lord Stowell, showing how slavery is treated by those governments which do not recognize it. After an argument in relation to the difficulty of the recovery of a slave by his master, in the
Territories, he resumed his exposition of the view advanced on Saturday, that the industrial interests of
Virginia — the mining, manufacturing and agricultural interests --were intimately connected with the States of the
South, and would find no protection in the
North.
He produced voluminous statistics of productions and trade, prepared with much care, and gathered from reliable sources, showing, by a comparison, that a deficiency in the
South gave
Virginia a good market for her surplus, while, in the
North, there could be no such market, for they had a surplus of their own.-- The experience of thirty years was reviewed to show that prices were better under a low than under a high tariff.
Tobacco fell every time the tariff was raised, and whenever it was lowered tobacco rose in the market.
It was proposed to admit
leaf tobacco to the Southern Confederacy free of duty, while the manufactured article had to pay duty; and he mentioned the fact that agents from the
State of Georgia had been in
Richmond, within a few days past, purchasing
leaf tobacco, which they carried home and manufactured on their own soil, thus avoiding the duty, while
Virginia was in the same proportion losing one of her great branches of labor.
He argued at length upon these points, touching upon the salt, iron, and coal interests and upon the trade in live stock.
The competition in the
Northern Confederacy would be ruinous to
Virginia manufacturers.
Only two days after the gentleman from
Rockbridge made his speech, apprehending the disastrous result of secession upon the iron and other interests of the
State, a furnace, some five miles from
Richmond, established by citizens of his own county at an expense of $100,000, went out of blast, and is offered for sale to the highest bidder, under deed of trust.-- He (
Mr. Randolph) also alluded to the establishment of a glass manufactory in
Richmond, when the market was immediately flooded with cheap glass from the
North, the result of which was that the establishment closed, and then glass went up to its old prices.
It is protection from the
North that our manufactures want.
The people of
Georgia were going into manufacturing operations, which would be developed under their system, and between the upper and nether millstones
Virginia would be crushed.
He argued that the manufacturers in
Virginia, unable to find protection at home, would transfer their extensive operations to the Southern Confederacy; and if
Virginia held aloof and remained with the
North, the sceptre of manufacturing and commercial supremacy would saver be restored to her.
In the course of his remarks,
Mr. Randolph was interrogated by
Mr. Clemens, and very promptly answered.
Mr. Clemens indicated his purpose to reply hereafter to some of the positions assumed by the member from
Richmond.
The speaker drew a distinction between a condition of free trade with the
South and free trade with the
North, showing that in the former we were in less danger from foreign competition.
In the Southern Congress
Virginia would have a larger representation than any other State; she would have a leading voice in the councils, but he hoped to God she would not use her power as the large Northern States use theirs in the Federal Congress.
With regard to the interest of labor, he spoke at some length, denouncing the doctrine of an "irrepressible conflict" as a base coinage for vile party purposes.
He presented in a strong view to the people of the
Western section of the
State, the question of their true interest in a Southern Confederacy, where their labor would meet its full development, while in the
North it would meet nothing but competition and oppression.
Mr. Randolph was arguing this point, when
Mr. Chambliss, of
Greensville, said it was apparent that the gentleman from
Richmond was physically unable to proceed, and as his argument was a very able and interesting one, he desired to give him an opportunity of going into it fully to-morrow.
He therefore moved that the committee rise.
Mr. Randolph expressed a sense of delicacy at throwing himself upon the indulgence of the
Convention for another day; but
Mr. Johnson, of
Richmond, assured him that there was no necessity for being influenced by such a feeling.
The Committee then rose, and the
Chairman reported progress.
Federal Relations.
Mr. Dorman, of
Rockbridge, offered the following resolution:
‘
Resolved, That the
Committee on Federal Relations inquire into the expediency of amendments to the
Constitution of the United States being submitted by this State to the other States of the
Union, providing and declaring, first, that Electors of
President and
Vice President shall be chosen on the
District system; and second, that persons of
African blood, in whole or in part, are not, and shall not be, citizens of the
United States, or citizens within the meaning of the 2d section of the 4th Article of the
Federal Constitution; and, further, whether such amendments should form part of any ultimatum laid down by
Virginia or the
Border States of the
South, or should be submitted separately and distinct from such ultimatum.
’
The resolution was referred to the
Committee on Federal Relations.
On motion of
Mr. Haymond, the
Convention adjourned.