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Virginia State Convention.
Seventh day.

Wednesday, Feb. 20, 1861.
The Convention was called to order at 12 o'clock.

Prayer by the Rev. Mr. Peterson, of St. James' (Episcopal) Church.

Publishing the Debates.

Mr. Clemens said he rose to a privileged question, for the purpose of putting the stamp of reprobation and denial upon a report which had gained credence through the newspapers, but would previously offer a resolution to test whether the debates of this body should be made the object of private enterprise, or kept in the hands of those employed by the Convention to report them with a view to their publication hereafter. The resolution is as follows:

Resolved, That the President of this Convention have authority to employ, at a fixed rate of compensation, a sufficient number of reporters to take down, as they occur, the debates of this body, with a view to the publication of the same hereafter, in a portable form, if it shall be deemed, by this body, expedient or necessary.

Mr. Clemens proceeded to advocate his resolution, and moved its adoption.

Mr. Fisher said he was about to offer a similar resolution, but had not supposed that any arrangement would be made, not already inaugurated. He therefore proposed the following as a substitute for the resolution offered by the gentleman from Ohio,(Mr. Clemens)

Resolved, That the President of this Convention be authorized to contract with the proprietors of the Richmond Enquirer, for continuing the reporting and publishing of the proceedings of this Convention.

Mr. Clemens expressed a willingness to accept the substitute, and therefore withdrew his resolution. Mr. Fisher's resolution was then adopted.

personal explanation.

Mr. Clemens then proceeded to allude to a statement published in the Charlottesville Jeffersonian, and copied in the Richmond Examiner, to the effect that he had used, or suffered to be used, his official frank as a member of Congress for the purpose of sending documents to free negroes. He indignantly denied the charge, and said he had nothing to do with the circulation of the half sheet of the National Intelligencer, containing his own, and Millson's and Nelson's speeches. He left none of his franks in Washington. He then gave a list of the counties to which he had sent documents, and excluded Middlesex and others, which were included in the charge against him. His denial was clothed in most emphatic language.

Mr. Montague, of Middlesex, said that as his county had been referred to, he felt it to be his duty to state that such documents were received there under the frank of Sherrard Clemens--two of them to free negroes, one of whom could read. They had also been sent to negroes in Essex and Orange under the same frank.

He then produced two envelopes which had been preserved. Mr. Clemens examined the franks, and pronounced them both forgeries.

Mr. Montague was glad to hear it. He proceeded to make a point that when corruption had become so great at Washington that forgery was resorted to for the purpose of circulating documents, it was time for the South to cut loose.

Mr. Branch, of Petersburg, raised a point of order.

Mr. Montague remarked that he had said all he had to say.

Mr. Hall, of Wetzel, said he was familiar with Mr. Clemens' handwriting, and those franks were unquestionably forgeries.

Mr. Holcombe, of Albemarle, said that as reference had been made to a paper published in his county, he felt it incumbent on him to say, that though the gentleman from Ohio had fairly and fully exonerated himself, the statement that such matter under such frank was received, was true.

Mr. Morton said he had letters from two highly respectable citizens of Orange, mentioning the names of negroes who had received incendiary matter under the frank of the gentleman from Ohio. He was gratified to hear his explanation, and since he proposed to investigate the matter, he would place the letters temporarily in his hands.

Federal Relations.

Mr. Brent, of Alexandria, offered the following, which were referred to the Committee on Federal Relations:

Resolved, by the people of Virginia, in Convention assembled. That we are warmly attached to the Union of these States; that we do not recognize, in the diversity of our institutions, any cause of conflict between the different States, but, on the contrary, we believe the great varieties of soil, of production, and of interests in a Republic like this, grounds for a more lasting and perfect Union.

Resolved, That in times like these it becomes the duty of every patriot to rise above party or sectional considerations, to make an earnest effort to save the Union, in that spirit of generous compromise in which the Constitution was framed; and therefore in the spirit of compromise we are willing to adopt the amendments to the Constitution proposed by Senator Crittenden, or any other plan of conciliation equivalent thereto which has been or may be hereafter offered, by which harmony may be restored between the people of the different States, and the Union perpetuated.

Resolved, That in the opinion of this Convention, the employment of the army and navy of the U. States to coerce submission of the seceding States will inevitably plunge the country into civil war and entirely extinguish all hope of a settlement of the issues now pending; we therefore earnestly invoke the Federal Government, as well as the seceding States, to withhold and stay the arm of military power, and on no pretext whatever to bring on the country the horrors of civil war, until the people themselves can take such action as our troubles demand.

Mr. Turner, of Jackson, offered the following, which were referred to the Committee on Federal Relations:

Resolved, by the people of Virginia, That if all efforts to reconcile the unhappy differences existing between the two sections of the country shall prove to be abortive, then, in the opinion of this Convention, every consideration of honor and interest; demands that Virginia shall unite her destiny with the slaveholding States of the South.

Resolved, That when any one or more of the States has determined, or shall hereafter determine, under existing circumstances, to withdraw from the Union, we are unalterably opposed to any attempt on the part of the Federal Government to coerce the same into re-union or submission, and that we will assist the same by all the means in our power.

Mr. Morris, of Carolina, offered the following:

  1. 1. resolved. that the Union of the South is the safety of the South.
  2. 2. resolved. that in our opinion each of the remaining slaveholding States of this Union should speedily resume the powers delegated by them to the Federal Government, and co-operate afterwards.
’ referred to the Committee on Federal Relations.

Mr. Tredway submitted the following:

resolved, that the Committee on Federal Relations be instructed to inquire and report as speedily as practicable, whether any movement of arms or men has been made by the General Government, to any fort or arsenal in, or bordering upon Virginia, indicating a preparation for attack or coercion.

Mr. Early arose to a question of order. He submitted that the resolution was an instruction to the Committee on Federal Relations. He thought it quite unnecessary to pass such a resolution, but in any event he did not consider that the Convention could thus dictate the action of the Committee.

Mr. Tredway called for the reading of the resolution under which the Committee was appointed, and it was read by the Clerk.

Mr. Early continued to press his question of order.

Mr. Conrad, of Frederick, thought the point of order was not correct, but if any member chose to object to the resolution he could do so.

the President said the resolution would go to the Committee unless objected to.

Mr. Early.--I object, then.

Mr. Scott, of Fauquier, alluded to the arduous duties of the Committee, and said if they were instructed to make these inquiries they would have to neglect other matters of importance. He suggested a modification of the resolution so as to place the duty upon a select Committee.

Mr. Tredway consented to the modification, and so changed his resolution as to make it read ‘"resolved, that a Committee of five be raised with instructions to inquire,"’ &c.

Mr. Early could see no necessity for instituting such an inquiry. What difference could it make to this Convention whether the President, in the exercise of his undoubted authority, sent troops to Fortress Monroe and Harper's Ferry, to protect the public property, or not? his people were not alarmed, nor did he believe were the constituents of the gentleman from Pennsylvania alarmed. If the guns mounted on the parapet at Fortress Monroe were not for the purpose of coercing the people of Virginia, but for the protection of the public property, no one would be injured unless he foolishly thrust himself into the mouth of one of them. He fully appreciated the motive of the gentleman from Pennsylvania in offering the resolution, but could see no necessity for it at this time.

Mr. Tredway said he offered it as a mere matter of inquiry on a subject now deeply exercising the public mind. A Peace Conference, inaugurated by Virginia, was now endeavoring, if possible, to avert the pending calamity, and even at such a time the Government was preparing itself to make an attack on the people of Virginia, if she thought proper, in certain contingencies. He knew the people were alarmed, and they should know if the worst is to come, that they may be prepared for it.

Mr. Dorman said that the gentleman from Jefferson, who was now absent from his seat, was deeply interested in the subject of the resolution. He was entitled to a hearing, and he would therefore move to lay it on the table for the present. It could be called up to-morrow.

Mr. Fisher said he would call for the yeas and nays on that motion.

Mr. Wise raised a question of order, but did not press it. After some remarks by Mr. Dorman, the call for the yeas and nays was sustained, and the Clerk proceeded to call the roll. The vote resulted as follows:

‘ yeas.--Messrs. Aston, Baldwin, Baylor, Berlin Blow, Boggess, Boyd, branch, Brent, brown, Burdett, Burley, Byrne, Campbell, Carlile, Carter, Clemens, Coffman, C. B. Conrad, Ro. Y. Conrad, Couch, Jas. H. Cox, Critcher, Custis, Deskins, Dorman, Dulany, Early, Echols, French, Fugate, Gillespie, Grant, Gravely, Gray, A. Hall, E. B. Hall, Hammond, Haymond, Hoge, Holladay, Hubbard, Hughes, Hull, Jackson, P. C. Johnston, Lewis, McComas, McGrew, McNeil, MacFARLANDarland, Maslin, Masters, Moffett, Moore, Nelson, Orrick, Osburn, Patrick, Pendleton, Porter, Pugh, Rives, Saunders, Sharp, Sitlington, Spurlock, Staples, A. H. H. Stuart, C. J. Stuart, Taylor, Waller, White, Wickham, Willey, Wilson, and Woods.--77.

nays.--Messrs. Janney, (President,) Ambler, Armstrong, Blakey, Boissean, Borst, Bouldin, Bruce, Cecil, Chambliss, Chapman, Conn, R. H. Cox, Fisher, Flournoy, Forbes, Garland, Graham, Gregory, Goggin, Jno Goode. T. F. Goode, Hale, C. Hall, L. S. Hall, Harvie, Holcombe, Hunton, Isbell, M. Johnson, Kent, Kilby, Kindred, Lawson, Leake, C. K. Mallory, J. B. Mallory, Marshall, Marr, Montague, Morris, Morton, Neblett, Parks, Preston, Price, Randolph, Richardson, R. E. Scott, Seawell, Sheffey, Southall, Speed, Strange, Thornton. Tredway, R. H. Turner, F. B. Turner, Whitfield, Williams, Wise and Wysor. --62.

’ so the motion to lay on the table was carried.

Mr. Conrad, of Frederick, explained that he voted ‘"aye" ’ for the reason stated by the gentleman from Rockbridge, (Mr. Dorman.)

Mr. Nelson, of Clark, submitted the following, which were referred to the Committee on Federal Relations:

  1. resolved, by the Convention of Virginia, that the differences between the slaveholding and the non-slaveholding States, can only be settled by the adoption of amendments to the Constitution, and that the interests of both sections of the country imperiously demand that the slavery agitation should be removed now and forever from the halls of Congress.
  2. 2. that whilst we hold that the Constitution of the United States makes all the States equal, and gives them all equal rights in the common Territory, yet in view of the fact that ours is a Government founded upon compromise, we are willing to divide said Territory by a line on the parallel of 36 deg. 30 min., and that we will insist that in all the Territory South of said line of latitude, slavery of the American race shall be recognized as property during the continuance of the Territorial Government — by a constitutional provision, irrepealable, except by the consent of all the slaveholding States.
  3. 3. that a like provision should be made to prohibit Congress from interfering with the subject of slavery in any of the States, without the consent of every State--and also to make it the interest of the people of the States, to which fugitive slaves escape, to have them delivered to their owners.
  4. 4. that if no adjustment of the differences between the States can be effected, it is the duty of the American people to provide the way for a dignified, peaceful and fair separation, upon equitable terms and conditions, and for a proper division of the common property.
Mr. Holcombe, of Albemarle, offered the following resolution:

resolved, that in the opinion of this Convention, no adjustment of the unhappy sectional controversy which now divides the country will give lasting Peace or permanent security to the slaveholding States, unless it embraces an amendment of the Constitution which will place in their hands such measure of political power as will enable them to prevent any department of the Federal Government from using its authority, in any form, to the prejudice of their institutions.

Mr. Turner, of Jackson, called up the resolution offered by the gentleman from Harrison on Friday, requesting the Commissioners to the Peace Conference to communicate to this body whether, in their opinion, any result acceptable to Virginia may be expected from their deliberations.

after some debate upon a point of order, the resolution was taken up.

Mr. Wilson, of Harrison, desired to withdraw the resolution, but objection was made.

Mr. Carlile appealed to the gentleman who made the objection to withdraw it, not on account of any consideration embraced in the resolution itself, but on personal considerations for the mover. Any gentleman could introduce a similar resolution if he thought proper.

the objection was then removed, and the resolution withdrawn.

Mr. Goode, of Mecklenburg, offered the following:

resolved, that in view of the probable immediate passage by Congress of force bill, we feel called upon to declare promptly and emphatically, that Virginia will regard an attempt to coerce any seceded State, under whatever pretext made, as in conflict with the fundamental principles of, and destructive of our Republican institutions, and that a due regard for her own rights and those of our sister States (for she still claims them as her sisters) would impel her to resist such attempt by all the means in her power.

Mr. Goode moved that the rules be suspended for the purpose of taking a direct vote on his resolution, and proceeded to State his reasons therefore. He alluded to the resolution for resistance to coercion, passed by the Legislature, and then to the proceedings at Washington and to the triumphal march of the President elect towards the Federal capital. Virginia should speak promptly and unequivocally as to where she would stand in the coming conflict.

after further remarks from Messrs. Conrad, of Frederick, and Scott, of Fauquier, to the effect that a vote on the resolution now would be liable to misconstruction, Mr. Goode withdrew his motion at the suggestion of Mr. Harvie, and the resolution was referred to the Committee on Federal Relations.

Mr. Fisher offered the following:

resolved, that the Governor of this Commonwealth be requested to inform the Convention of the number of enrolled militia, and of the volunteers of the State--the number of companies that have been supplied with arms, their kind and description, as soon as he conveniently may.

’ the resolution was adopted.

Mr. Wilson offered the following, which were referred to the Committee on Federal Relations:

resolved, that we, the people of Virginia, in Convention assembled, do adhere with patriotic devotion to the Union of these States, and that we will do so as long as the same can be perpetuated consistently with full security of all our constitutional rights, and the maintenance of the equality of all the States.

resolved, that it is inexpedient and improper for the General Government to increase its forces at the forts, arsenals and dock-yards within the limits of Virginia, or to do any act looking to warlike preparations against this State.

’ Reconsideration moved.

Mr. Price, of Greenbrier, said he thought many members had voted for the resolution to employ reporters, under a misapprehension. He was opposed to subjecting the State to any useless expense, and the experience of the Convention of 1850 had shown that the employment of verbatim reporters was impracticable. He therefore moved a Reconsideration of the resolution.

Mr. Clemens called for the ayes and noes on the motion.

Mr. Fisher explained the resolution and its object, in reply to an inquiry from Mr. Wickham.

the roll was then called, and resulted — ayes 46, noes 82. so the Convention refused to reconsider.

Federal Relations Again.

Mr. Montague offered the following resolution, which is similar to the one withdrawn by Mr. Wilson:

resolved, that the Virginia Commissioners to the Peace Conference now in session in the city of Washington, be respectfully requested to report to this body, at their earliest convenience, whether, in their opinion, any result acceptable to Virginia may be expected from the deliberations of their body.

Mr. Patrick moved to lay the resolution on the table, and on this motion Mr. Montague called for the yeas and nays.

the roll was then called, with the following result:

‘ yeas.--Messrs. Janney, (President,) Armstrong, Aston, Baldwin, Baylor, Berlin, Blow, Boggess, Bouldin, Boyd, branch, Brent, brown, Bruce, Burdett, Burley, Byrne, Campbell, Carlile, Clemens, Coffman, C. B. Conrad, R. Y. Conrad, Couch, J. H. Cox, Critcher, Custis, Deskins, Dorman, Dulany, Early, Echols, Flournoy, Forbes, French, Fugate, Garland, Gillespie, Grant, Gravely, Gray, Goggin, Hale, Addison Hall, E. B. Hall, Hammond, Haymond, Hoge, Holladay, Hubbard, Hughes, Hull, Jackson, M. Johnson, P. C. Johnston, Lawson, Lewis, McComas, McGrew, McNeil, MacFARLANDarland, C. K. Mallory, J. B. Mallory, Marshall, Marr, Marye, Maslin, Masters, Moffett, Moore, Nelson, Orrick, Osburn, Patrick, Pendleton, Porter, Preston, Price, Pugh, Rives, Saunders, Robert E. Scott Sharp, Sheffey, Sitlington, Slaughter, Southall, Speed, Spurlock, Staples, Alex. H. H. Stuart, Chapman J. Stuart, Taylor, Tredway, Waller, white, Wickham, Willey, and Woods--95.

nays.--Messrs. Ambler, Blakey, Boissean, Borst, Cecil, Chambliss, Chapman, Conn, R. H. Cox, Fisher, Graham, Gregory, John Goode, Jr. , Thos. F. Goode, Cyrus Hall, L. S. Hall, Harvie, Holcombe, Hunton, Isbell, Kent, Kilby, Kindred, Leake, Montague, Morris, Morton, Neblett, Parks, Randolph, Richardson, Seawell, Strange, Thornton, R. H. Turner, F. B. Turner, Whitfield, Williams, Wise, and Wysor--40.

’ so the resolution was laid on the table

Mr. branch, of Petersburg, introduced the following, prefacing them with some humorous remarks:

  1. Resolved, 1. That the people of Virginia, in Convention assembled, are firmly opposed to military coercion, open or under disguise, to the Confederated States of the Union by the Federal Government, and that they will not submit to it.
  2. 2. That the State of Virginia is willing to wait a reasonable time for the Northern States of the Confederacy to guarantee to Virginia, and her sister Southern States, justice and equality in the Union, based on the principles of the ‘"Crittenden Resolutions,"’ and a protective power in the Constitution for the preservation intact of their just and equal rights.
  3. 3. That in pursuance of this policy, and with the view of effecting a restoration of kindly feeling in all parts of the country, and of reconstructing the constitutional compact and Union upon an honorable, equal and permanent basis, and the hope of securing the return of the Cotton States which have withdrawn from the United States, Virginia will not for the present exercise here inherent right of declaring herself an independent sovereignty of America.
  4. 4. But, that, desiring and intending to act with the candor and independence becoming her position and her relations towards her sister States, and the complication and magnitude of the interests involved, Virginia distinctly declares that, failing if she should in this her earnest effort to accomplish the objects above indicated, her natural ties, her clear rights and sacred honor alike dictate a firm and prompt adhesion on her part to the common cause of the Southern States and the blending of their interests and destiny with her own.
  5. 5. That we invite and request the States of Arkansas, Missouri, Tennessee, Kentucky, Maryland, Delaware and North Carolina, to appoint Commissioners to meet Commissioners appointed by this Convention, at Wytheville, in the county of Wythe, in this State, on the last Thursday in March next, to devise the best means of promoting our mutual interest.
  6. 6. That we elect eleven Commissioners to carry out the provisions of the fifth resolution, and that they report their determination to this Convention on the — day of April.
  7. 7. That a copy of these resolutions be forwarded to the Governments of all the States, to the President of the United States, and to the Governors of the Confederated States of North America and to the President thereof.
Mr. Chambliss spoke in favor of the resolutions in so far as they proposed resistance to coercion, but was opposed to so long a delay of action.

The resolutions were referred to the Committee on Federal Relations.

Mr. Bouldin offered the following:

Resolved, by this Convention, That any attempt on the part of the Federal Government to reclaim, by military force, the forts and arsenals now held by the seceded States, or to collect, by force, the Federal revenue from those States, must inevitably lead to war; and in such war Virginia, with all her military strength, will sustain the seceded States.

Mr. Wise spoke in favor of the resolution, and in the course of his remarks said that he had received three letters from gentlemen in Boston relating to certain mysterious movements of the military of Massachusetts. A system of purgation had been adopted, and a test oath was administered to the military, excluding those who had any sympathy with Southern rights. He also alluded to the vote on the force bill in the House of Representatives, at Washington, to show that the whole military arm, as well as the standing army, was to be employed to suppress an insurrection — not of slaves — but an insurrection of States.

The resolution was referred to the Committee on Federal Relations.

Mr. Wise made some remarks for the purpose of correcting an erroneous report in the Richmond Enquirer, of his speech on Saturday, the subject having been brought to his notice by the gentleman from Portsmouth, (Mr. Holladay,) as conveying a possible reflection upon the people of that section. He then repeated what he did say, and Mr. Holladay remarked that it accorded precisely with his recollection.

the vote for Reference.

Mr. Haymond, from the Committee on Elections, submitted a report showing the vote on the question of referring the action of the Convention back to the people. The committee were unable to make a final report, as sixteen counties were unheard from ; but they could at present give an approximate of what would be the final result. They report that in all, except the following counties, to wit: Barbour, Boone, Braxton, Buchanan, Cabell, Elizabeth City, Greene, Logan, McDowell, Prince William, Putnam, Upshur, Wayne, Wise, Wyoming and York, from which returns have not been received, the whole number of votes cast was 140,511; of which 96, 684 were cast for referring to the people, and 43,827 against referring to the people; showing a majority, as far as heard from, of 52,857 for referring.

On motion of Mr. Patrick, the report was laid on the table and ordered to be printed.

Mr. Johnson, of Richmond, offered the following resolution, which was adopted:

Resolved, That a committee of five be appointed to inquire what compensation the officers of this Convention shall receive, and to report the same to this Convention.

’ On motion, the Convention adjourned.

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