Virginia State Convention.
twenty-third day.
Tuesday, March 12, 1861.
The Convention was called to order at the usual hour, Prayer by
the Rev. Mr. Petersin, of
St. James (Episcopal) Church.
Voice of the people.
Mr. Goggin presented the proceedings of two meetings held in the county of
Bedford.
upon the subjects now distracting the country Both declare a purpose to resist coercion, and favor the secession of
Virginia.
Mr. Goggin endorsed the high character of the officers of the meetings, and asked the reference of the papers to the
Committee on Federal Relations.
They were so referred.
Mr. Sheffey presented the proceedings of a meeting lately held in
Smyth county, favoring preparation for resistance to coercion, declaring secession expedient, complimenting
South Carolina, &c., and endorsing the course of their delegate in the
Convention.
Referred to the
Committee on Federal Relations.
Committee appointed.
The President announced the following committee to audit expenses incurred before the organization of the
Convention, under a resolution adopted yesterday:
Messrs. Macfarland,
Cox of
Chesterfield, and
Leake.
Anti-secession resolution.
Mr. Tarr, of
Brooke, offered the following:
‘
whereas a number of the
Southern States of the
Union having seceded therefrom, and an attempt to retake the forts and other property of the
United States now in possession of said States, by the
Federal Government, in the present critical condition of the country, would, it is believed, seriously endanger the peaceful relations now existing between the remaining Southern States and the
General Government itself; and will secede.
If it does not produce, civil war; there-as.
’
Resolved. That this Convention, to avoid a conflict and restore harmony between the
Federal Government and the seceding States, would earnestly recommend, both to the said Government and the said States, that the relations now substituting between them should be maintained, with no hope that an amicable adjustment can be effected, and that the
Federal Government, with a view to the attainment of that object, although the right unquestionably exists, should not attempt forcibly to retake the forts.
arsenals, and other public property of the
United States, now in possession of the said States, until an effort shall have been made for adjustment by the
State of Virginia in Convention assembled.
Resolved. That, whilst we deprecate any action on the part of the
Federal Government that, may lead to a collision between itself and the seceding States yet the withdrawal of the said States from the
Union having been made in violation of the
Constitution of the United States, and without the consent of
Virginia, involving as it does, the paste and security of the entire Union, does not warrant and ought not to receive the sanction of
Virginia.
Referred to the
Committee on Federal Relations.
Mr. Flournoy, of
Halifax, said that indisposition had kept him from his seat for a few days past, and he did not therefore have an opportunity of voting for the resolution, passed yesterday, of thanks to that patriot and statesman,
John J. Crittenden, of
Kentucky.
If it were in order, he would ask that his name might be now recorded in the affirmative.
A similar application was made by
Mr. Carlile, of
Harrison, through a letter to the
President of the
Convention, which was read by the
Secretary.
Mr. Carlile being confined to his room by a severe rheumatic attack.
The requests were granted.
The Peace Conference propositions.
The
President.--The pending question is upon a motion to refer the Peace Conference propositions to the
Committee on Federal Relations; and upon that question the gentleman from
Kanawha,
Mr. Summers, is entitled to the floor.
Mr. Summers resumed his rmarks, commencing with the fifth article of the Peace Conference propositions, where he left off yesterday, and proceeded to express his views thereon.
The vote of the
Virginia Commissioners was cast as a unit against that section.
He alluded to the opinion of
Judge Brockenbrough, that an article prohibiting forever the foreign slave trade was unnecessary, because provided for in the
Constitution.
While that instrument contains no inhibition of the trade itself, it confers powers upon Congress, and Congress had made it piracy, and therefore there was no necessity for further provision.
The construction placed upon the provision by himself was, that it applied to the foreign
African slave trade; and the law would no more apply to
Virginia, as a foreign slave country, than at the present time.
After an elaborate argument upon this point, he alluded to the veto of the
Southern President upon the bill against the foreign slave trade.
Mr. Morton, of
Orange, asked if he understood him to say that this veto had been applied by the
Southern President, and if so, what were the motives indicated by such a course!
Mr. Summers replied, that he cast no reflection upon the motives or the action of the seceded States, however much he might regret it. He had no further information than what he had seen in the newspapers, and supposed the motive of the
Southern President was to leave the matter as it was under the
United States law, or to reduce the penalty for engaging in the African slave trade to a misdemeanor.
On the provision relating to compensation for the loss of slaves, out of the public treasury of the
United States, he commented at length.
It was based upon the ground of the failure of the
Federal Government to execute the law. It was the duty of the
Government to execute the law, and if it failed, the loss should be made good to the master of the slave.
The fact that Government would be thus bound.
would act as a stimulus for the execution of the law. The object was to remove all subjects of agitation.
If Government were permitted to levy upon States, cities and counties to reimburse itself, there would be constant agitation in the communities where the suits were instituted.
He thought it was a matter of doubtful expediency to arm the
Government with such power.
The proper plan, he conceived, was to so arrange the matter as to compel the
Government to execute its own laws.
It would give a stimulus to the growth of slave property, particularly in
Western Virginia.
He was a Virginian, and indulged in no sectional sentiments.
His affection extended not to his own section alone, but to the whole State.
It would be equally beneficial to
Eastern Virginia.
The provision would protect and encourage the growth of slave property throughout
Virginia.
Mr. Tyler desired to make an inquiry.
According to his recollection, the vote of the
State of Virginia, in the Conference, was given as a unit against that (the 7th) section.
He asked him if he would reverse the picture and state the objections which he had to it in the Conference.
Mr. Summers said he hardly dared attempt a picture which his honorable colleague could to much more successfully draw.
He had not, however, considered the whole section; only that part relating to the payment for slaves.
In regard to the remainder, which says Congress shall provide by law for securing to the citizens of each State the privileges and immunities of the several States, he proceeded to give his views.
A member of the
Pennsylvania delegation had suggested this affix in the Peace Congress.
The argument in its favor had been to protect Northern men from violence in the
Southern States.
Of course the
Southern Commissioners all voted against it. They thought it unnecessary.--He went on to speak of the Republican party now dominant in the
Northern States, and said it consisted of two wings, differing very widely on prominent questions.
The clause was not offered with the expectation of Southern support, but was offered by the concentrated portion of the Republican party with a view, if possible, to entrap some of the more patriotic members from the
Border States by leading them to suppose they were thus carrying out a provision of the
Constitution.
He thought, however, that no Southern man voted for it. An objection now urged was that free negroes might at some time be declared citizens, and thus made to come within the purview of the provision.--In this connection he alluded to the
Dred Scott decision, where it was held by a large majority of the Supreme Court that negroes were not citizens.
When the time shall come that the Supreme Court of the
United States shall declare that free negroes are on an equality with white citizens, there will be no Government worth preserving.
The innate sense of the people would prevent such a declaration.
He believed, however, that the cutting off of this affix would not make the provisions of the proposition less acceptable to the
North.
He alluded to the proposition before the
Convention for a Conference of the Border Slave States, at
Frankfort, in May.
He concurred in the measure, and thought the Peace Conference propositions should be brought before it as
Virginia's contribution, with the affix excised therefrom.
In speaking of the advantages gained by
Virginia in the propositions, he supplied an omission in his remarks on yesterday, by stating that
Arizona had been declared part and parcel of
New Mexico.
The guarantees, as a whole, were, in his opinion, infinitely greater than
Virginia could have expected to obtain a year ago. But it had been said that the whole effort had proved abortive, in consequence of the failure of Congress to take cognizance of the measures.
He gave a history of the proceedings initiating the Conference.
The time had been short, and the notice in some degree insufficient.
Yet there were 21 States assembled by their Commissioners.
After a labor of some three weeks this adjustment was agreed upon; and it reached the halls of Congress only three days before the close of the session, when there was a fulness of business, rendering it impracticable to take up any new measures for consideration; and at a time, too, when one administration was going out of power, and a new one coming in. Congress, too, was composed of members elected 2 years ago, upon issues adverse to any change.
But notwithstanding all these adverse circumstances, a motion to take up in the House of Representatives was carried by a large majority, but not by a two-thirds vote, which was necessary to suspend the rule.
In the Senate, the proposition was destroyed by the mingling of gentlemen of extreme opinions.
North and South.
He would say, that whatever might be the opinion here, the constituent body were not prepared to say that the time for settlement was past.
There had been no time so auspicious for settlement as the present.
The Institution of slavery had never before so many friends as at this moment.--These systems of free and slave labor were not only without principles of conflict with each other, but absolutely necessary as reciprocal systems.
Distinguished Northern men in the Conference had assured him that the propositions would be accepted by their people by large majorities if submitted to a vote, especially in communities heretofore rampant against slavery.
He called the attention of the
Convention to the action in the late Congress, in submitting an amendment to the
Constitution, by a two-thirds vote, effectually closing the door to future interference with slavery in States where it exists.--He also adverted to a law passed by the same Congress, in reference to the rendition of fugitives, illustrating his argument by the case pending between
Kentucky and
Ohio.
To meet that case, and others of like character, Congress passed a law for the surrender of a fugitive on the demand of a State Executive, where the
District Judge is satisfied of the identity of the party charged, and that he was in the
State whence the demand comes at the time the offence was committed.
He looked upon these things as evidence that there was everything to encourage efforts for a settlement.
Virginia had duties to perform to and for herself.
He was not unmindful of the desire to bring back the seceded States; but he was ready to declare that whatever guarantees were formed satisfactory to the border slave States, ought,
a fortiori, to be satisfactory to States further South.
The border slave States were infinitely more interested in the slavery and territorial questions than were the
Cotton States.
Those gallant States were entitled to our affection, and he was not prepared to admit that, when all these questions were settled to the satisfaction of the border States, those sisters would refuse their assent.
He gave a brilliant perspective view of re-union, and believed that in time they would return to us. What was
Virginia to gain by secession and separate action?
Nothing on the Territorial question, but lose everything.
On the fugitive slave question she could make no treaties with the
North or with
England.
In relation to the institution of slavery, which he considered morally, socially and politically right, she would lose her present protection, and be exposed to border incursions from a foreign government.
He spoke in this connection of the beautiful valley of the Kanawha, which he in part represented, and its great wealth of mineral deposits; and asked what was to be the condition of that portion of the
State?
He protested on behalf of his constituents against a change of the present status.
They wanted peace and security.
If cut off and dismembered from the
Union they would be plunged into a condition of helplessness.
They would become the "outside row in the cornfield," to use a homely expression.
Slavery would be destroyed, and
Virginia come to be regarded as no better than a Yankee appendage, by her sister States of the
South.
He went on to speak of invasion from
Europe, of which we had been hitherto under no apprehension.
If the
Union is divided, no measure of safety could be adopted, except through a large standing army on each side of the line.
Where, he asked, would be the wisdom of passing an ordinance of secession, in the face of the known sentiments of a Virginia constituency?
The people did not mean to adopt such an ordinance until every honorable measure of adjustment had been exhausted.
Go on, then, with the efforts; and when all fail, the people of the
Commonwealth will be united from one end to the other.
He expressed his devoted attachment to
Virginia, for whose interest he was willing to lay down his life.
But he was here to speak his mind fully and frankly, and, for one, he protested against the passage of an ordinance of secession He spoke of the action and position of the
Border States, and then alluded to the new Administration, and to the argument that
Virginia was thereby to be driven out of the
Union.
He denied that she could be driven or impelled by anybody.
Instead of our submitting to
Lincoln, he was at this moment submitting to the action of the
Border States.
He cared nothing about the Inaugural;
Lincoln could not retake the forts, if he so desired.
He did not need them, for they were in seceded States, and not necessary to national defence; and in any event he had not the means of raising a force for their capture.
The idea of collecting revenue outside of the harbors he pronounced illegal and impracticable; and the proposition for a blockade could not be maintained.
He did not propose to discuss the right of secession.
No enlightened statesmanship could compare the secession of States, by conventional majority, with insurrectionary movements in former times.
It was a new and unlooked for condition of things.
He was in favor of letting the seceded States alone.
The latest news gave encouragement to the hope that the troops would soon be withdrawn from
Fort Sumter, and time would bring back the States into the common family.
It was the duty of
Virginia to stand by the
Union until the performance of that duty became impossible.
He urged the adoption of the proposition for a conference of the slave States remaining in the
Union, with an endorsement of the Peace Conference propositions as the basis of adjustment.
Virginia ought to act promptly, but not precipitately; first she should command the peace on all sides; next, call the Border State Conference, and adjourn over to a wait its result.
She ought to remove the existing state of business depression, by letting her voice go forth that she knows her duty and means to perform it; that she means to keep the peace.
Do it, and however dark and cheerless it may have been, the bow of promise will span the whole heavens, and the voice of the people will everywhere come up, saying "well done, thou good and faithful servant."
Mr. Summers spoke about three hours, and was listened to with fixed attention.
Mr. John Tyler said he proposed to submit his views to the
Convention, but as the hour was late, and there seemed to be a disposition for adjournment, he would submit a motion to that effect; and postpone his remarks until to-morrow.
The Convention then adjourned.
