{"1": {"fulltext": "", "height": "4361", "width": "2874", "jp2-path": "formationofstate00park_0_0001.jp2"}, "2": {"fulltext": "Class F a41\\nBookP S\\nGoEyrigtel?\\nCfiPXRIGHT DEPOSIT!", "height": "4096", "width": "2648", "jp2-path": "formationofstate00park_0_0002.jp2"}, "3": {"fulltext": "", "height": "4156", "width": "2564", "jp2-path": "formationofstate00park_0_0003.jp2"}, "4": {"fulltext": "", "height": "4136", "width": "2644", "jp2-path": "formationofstate00park_0_0004.jp2"}, "5": {"fulltext": "THE FORMATION\\nOF THE\\nS T T E O F\\nWEST VIRGINIA,\\nAND OTHER\\nINCIDENTS OF THE LATE OIVIL WAR\\nWITH REMARKS ON SUM KITS OF\\npublic; inteeest,\\nARISING SINCE THE WAR CLOSED,\\nGRANVILLE PARKER,\\nWELLSBURG, VV. V A.\\n.I VSS SON, BOOK AND [OB PRINTERS\\nt 8 7 5", "height": "4152", "width": "2584", "jp2-path": "formationofstate00park_0_0005.jp2"}, "6": {"fulltext": "Entered according to Act of Congress, in the year 1875, by\\nGRANVILLE PARKER,\\nMtfhe Office of the Librarian of Congress, at Washington.", "height": "4104", "width": "2608", "jp2-path": "formationofstate00park_0_0006.jp2"}, "7": {"fulltext": "PRE F ACE.\\n1 submit the following pages to my countrymen. They aim to\\nstate some facts connected with the Formation of the State of West\\nVirginia, and other Incidents of our late Civil War, not, I tliink, gen-\\nerally known and explain others. So far as they relate to my per-\\nzonal experiences they give in the main, my feelings, views and ac-\\ntion as expressed at or near the time the events occurred, as will\\nappear from the date and place, which are generally affixed..\\nI have thought a pretty free interchange by the members of ouf\\nQreat Political Family, of persona/ experiences during the War, would\\nbest enable ns to realize that amount of Political Wisdom which the\\nmagnitude of the Sacriij.ee made, pugjir. to yield. In this belief I\\nhave ventured to contribute my mite hoping others equally inter-\\nested, will approve tl)e suggestion, and contribute of their abundance.\\nSincerity and Truth, on all subjects, rather than the graces of style,\\ns,eem to me to be the characteristics most needed. Also some re-\\nmarks on subjects Political, Financial, Educational and Religious, as\\nfliey arose, since the \\\\Var closed. We have got to get back, or down,\\nto the Principles on which our Government rests, and Conform our\\nLives to them else we are Falsities\u00e2\u0080\u0094 politically so, at least. So Unique\\nand Conspicuous a Government as we possess, cannot be long suc-\\ncessfully run, unless its citizens be Honest, Intelligent, Level-headed,\\nIndustrious men, and Discreet, Frugal and Virtuous women.\\nWellsburg, W. Va., August, 1875.", "height": "4148", "width": "2564", "jp2-path": "formationofstate00park_0_0007.jp2"}, "8": {"fulltext": "ERRATA\\nI note here material errors discovered on perusal, and give the\\ncorrection. On page 45, paragraph 3\u00e2\u0080\u0094 the practice with the Virginia\\nLegislature prior to 1861 was to first take the sense of the voters on\\ncalling a Convention to alter or amend her Constitution. It was done\\nprior to those of 1829 a,nd 1850-r-though at no time was it required\\nby her existing Constitution prior to that date. On page 194, para-\\ngraph i, for Ephraim B. Hall, read A. Bolton Caldwell At-\\ntorney General; and for Judge Brown read Judge Berkshire\\nbecame, its first President. Both Mr. Hall and Judge Brown\\nwere second, I think, in succession to these offices under the New\\nState. I find no typographical errors which the context will not\\nreadily correct.", "height": "4132", "width": "2664", "jp2-path": "formationofstate00park_0_0008.jp2"}, "9": {"fulltext": "C O N T E N T S\\nResolutions in Regard to. th,e John Brown Raid o,n Harper s\\nFerry, 18,59 1\\nAppeal of the. Citizens of Cabell County and Vicinity to the\\nRichmond Legislature, January, i860 3\\nRemarks of the Editor of the N. Y. Courier Enquirer, with\\nMass. Personal Liberty Lavys, I^ov. 20. i860 5\\nQur Father s Bond My reply through the Boston Courier\\nthree letters\\nOur National Constitution AVhat is It? Reply to Judges Al-\\nlen and McComas, on the Right o;f States to Secede 25\\nLetter to Hon. Thurlow Weed, January 15, 1861 34\\nThe Condition of the People of Cabell and adjoining; Counties\\nafter the Richmond Secession Ordinance passed, and\\nWise s Army advanced to the Kanawha Valley 36\\nSome Facts which the Progress of the War has Developed,\\ntwo Letters, July 2.4, and 27, 1861 (to Cincinnati Com.) 38\\nProceedings Inaugurated by the Loyal Citizens of the Pan\\nHandle\u00e2\u0080\u0094 The Meeting at the Court House at Wfellsburg\\n\u00e2\u0080\u0094The Procurement of Arms and Ammunition from the\\nGovernment, by the citizens of Brooke County\u00e2\u0080\u0094 A Mass\\nmeeting at Wheeling, May 14, 1861, and Resultant Con-\\nvention at same place, June 11, which Re-organized the\\nState Government, and Inaugurated Measures for Erect-\\ning the New State 41\\ny. S. Attorney General Bates Letter to Mr. Ritchie, A^ust\\n12, 1 861, declaring the New State measure a new act of\\nRevolution, c. 48\\nMy Reply to Attorney General Bates, through the Wheeling\\nIntelligencer and N. Y. Evening Post two Letters, Aug.\\n29, and Sept. 7, 1861 50", "height": "4152", "width": "2664", "jp2-path": "formationofstate00park_0_0009.jp2"}, "10": {"fulltext": "vi\\nCONTENTS.\\nl. AGE.\\nThe Election, the 4th Thursday in October following and the\\nResult The Rebel Raid on Guyandotte November 10\\nand Retaliatory Burning of the town next day 57\\nMeeting and Organization, the 26th November of the Conven-\\ntion, to form a Constitution\u00e2\u0080\u0094 its members 58\\nRemarks Submitted by the Writer to the Convention on the\\nfollowing subjects, viz On Its Power to Remove Bound-\\naries the former Convention had fixed 59\\nCan Treason be Committed against a State, under our System\\nof Gqyernrrient 62\\nQn the Size of the FJouse, and Mode of Apportioning f)ele-\\ngates among the Counties an4 Relegate Districts 66\\nQn the question of allowing tfye Legislature to give the State s\\nAid to \\\\yorks of Internal Improvements 70\\nOn a Proposition to Prohibit Ministers, Priests, and Salaried\\nOfficers of Banking Companies, holding seats in either\\nHouse of the Legislature 72\\nPn Gradual Abolishment of Slavery 73\\nMr. Battelle s Resolutions on this Subject, and What became\\nof them 76.\\nThe Writer s Form of Instruction for the Taking the sense of\\nthe Voters on this Subject, when they should vote on the\\nConstitution, and What was done with it 78\\nThe Writer s Address to his Constituents 79\\nWhat the Wheeling Intelligencer said of it 8^\\nTouching the Powers of the Legislature when it should be\\nConvened .87\\nThe Grand Response of Upshur County 92\\nThe Effect, and what followed in other Counties, where the\\nPeople had a chance to Express themselves 94\\nWhat the Wellsburg Herald said of this Informal Vote of\\nInstruction 95\\nWhat the Wheeling Intelligencer said of the same 96\\nThe Friends endeavor to have the Legislature annex a Gradual\\nEmancipation Clause to its Consent, if given 98\\nThe Writer s Letters with that View to the Wheeling Intelli-\\ngencer 98\\ngol. Lightburn s Letter to the Intelligencer, April 30, 1862 105", "height": "4148", "width": "2652", "jp2-path": "formationofstate00park_0_0010.jp2"}, "11": {"fulltext": "CONTENTS.\\nTil\\nPAGE.\\nTrie Writer s Letters to the Intelligencer, May i, 3, and io,\\n1862, giving reasons and Authorities for the Legis-\\nlature giving such a Consent io6\\nOur Failure before the Legislature 116\\nThe Writer s Letter to ttfe Wheeling Press, May 15, 1862 116\\nTo the Wheeling Intelligencer of May 17, 1862 117\\nGeneral Kenton Harper s (of Augusta County, Va.,) Appeal\\nfor Free Fighters 126\\nA Noble and Inspiring Letter from a Citizen of Monongalia\\nCounty, signed M 121\\nAn Appeal in Behalf of the Loyai people of W\u00c2\u00a3st Virginia, to\\nCongress,. May 22, 1862, and h s o w it Was disposed of 123\\nWhat the Commissioners appointed by the Convention had\\nhitherto accomplished towards gettin g Congress, to ad-\\nmit the New State 135\\nThe Course taken by the Waiter\u00e2\u0080\u0094 with the Results 140\\nThe Condition in which the measure wa s found on arriving at\\nWashington June 28, 1862 141\\nTwo Letters in Behalf of the Loyal people of West Virginian-\\nthrough the National Republican to Congress, July 8 and\\n10 143\\nWhat took place in the Senate Rem arks of Senators\u00e2\u0080\u0094 Clos-\\ning Remarks of Senator Wade, and Votes on Intermedi-\\nate; and the Final Question 147\\nWho were our Active Friends in the Senate\u00e2\u0080\u0094 Tribute of Re-\\nspect through the Wheeling Intelligencer, to Mr/ Wade 157\\nHow the Friends Felt\u00e2\u0080\u0094 The Rebellion to be Crushed, or all\\nwould be ashes -Proposed New State expected to raise\\nher quota of the 300,000 fresh recruits called for 158\\nThe Writer s Remarks at a Recruiting Meeting from both\\nsides of the Ohio River 158\\nThe Aspiring New State, no less than Ohio/ raised her quota 16?\\nJoint Resolutions passed by the Wheelings Legislature; in extra\\nSession,- Dec. 9-, r862, asking the House to pass the Sen-\\nate Bill admitting West Virginia without Amendment 167\\nThe Proceedings of the House the 9th and roth of December,\\n1862 Mr. Bingham s Closing Speech, and final v o!e on\\nthe Bill 1\\nIts Consideration by the President and Cabinet, and Approv-\\nal, December 31 r862 tSc", "height": "4156", "width": "2620", "jp2-path": "formationofstate00park_0_0011.jp2"}, "12": {"fulltext": "viii\\nCONTENTS.\\nMr. Carlisle s Supplemental Bill, February 14, 1863, and how-\\nDisposed Of v 186\\nThe Re-assembling of the Convention, Feb. 18, 1S63, and its\\nAction, with some Remarks by the Writer favoring Com-\\npensation to Loyal Slaveholders 187\\nThe Convention and People unanimously Ratify the Congres-\\nsidnatl Airieudnient .193\\nThe Organization of the New Government, June 20, 1863 Its\\nPriricipaLl Officers and Election of U. S. Senators 194\\nThe Union Victories at Gettysburg and Vicksburg The Reb-\\nels, through their Allies throughout the Loyal States make\\ndesperate efforts to divide, and dishearten the Loyal Peo-\\nple at home Vallandighanl Smuggled from Dixie,\\n(whence he had been banished) into Ohio, and Proclaim-\\ned their Candidate for trie Governorship of that State\u00e2\u0080\u0094\\nHon. John Brough became the Lo yal peoples Candidate 195\\nRemarks submitted by the Writer, on the Nature and Excel-\\nlence of our Political System\u00e2\u0080\u0094 The Disturbing Cause,\\nJuly, 1863 .196\\nHis reply through the fronton (O.) Register, to the letter of Hon.\\nReverdy Johnson, to the N. Y. Committee, touching Po-\\nlitical Arrests, the Freedom of Speech and the Press, c 212\\nThrough the same Journal, October 8, 1863, the Loyal People\\nof West Virginia to their friends in Ohio 221\\nResult of the Election 1 Oct. 13, iri the State, Lawrence county\\natrid Union township the latter having cast its entire, vote\\nfor Brough became^ the banner township of the State, and\\nwas presented with a beautiful flag, bearing this motto,\\n^All hail the township where Treason finds no resting\\nplace .223\\nThe Proceedings at the Presentation 224\\nThe Presidential Canvass in 1864 226\\nThe Chicago Convention\u00e2\u0080\u0094 Its Platform What it is Three\\nLetters,- September 6, 9, and 12, 1864 227\\nThe Approaching Presidential Flection Three^ letters, Octo-\\nber 7, to atad ri, 1864 236\\nThe Result of the Presidential Flection, November 8 The\\ndesperate Mea snres resorted to by the Confederates after-\\nWards, atari th l err ritaal Surrender 247", "height": "4140", "width": "2644", "jp2-path": "formationofstate00park_0_0012.jp2"}, "13": {"fulltext": "CONTENTS.\\ntx\\nj;ai;k.\\nRemarks touching matters of Public Interest, that have occur-\\nred since\u00e2\u0080\u0094 What West Virginia Did 253\\nThe Political status of the Rebels of this State-\u00e2\u0080\u0094 Have they\\nthe right to yQt@\\n1 he Result qf our State Election in October, 1865 259\\nRemarks on Judge Loomis Instruction to the Grand Jury of\\nRoane County, upon the Voters Test Oath T-aw, Decem-\\nber 1865 6c\\nRemarks oq the Legal status of Berkeley and Jefferson Coun-\\nties, throng}] the Wheeling Intelligencer, September, 1865,\\ntwo letters 266\\nRemarks on the State s Interest in Public Improvements with-\\nin her Boundaries\u00e2\u0080\u0094 AVhat to do with It 273\\nJudge Thomas W. liarrison-^The Registration Law-^Arm-\\nstrong Case, ^c 276\\nThe Debt of Virginia-^Who Should pay It Two Letters,\\nDecember 24-26, 1866 289\\nWest Virginia Land Titles Their Confusion and the Depres-\\nsing Effect\u00e2\u0080\u0094 A Remedy Rroposed-^-Three Letters, Dec.\\n31, 186^, and January 1 and 3, 1867 293\\nOught the Baltimore Ohio Railroad Co. to be assessed and\\nmade to pay its just share qf Taxes Two letters 308\\nOur Insane Hospital\u00e2\u0080\u0094 Three Letters 313\\nThe Chesapeake Qhio Railroad Company\u00e2\u0080\u0094 ^The Danger to\\nbe Apprehended\u00e2\u0080\u0094 The Duty of quj Commissioners 323\\nWest Virginia Penitentiary\u00e2\u0080\u0094 Two Letters 327\\nHorace Greeley and Jefferson Davis\u00e2\u0080\u0094 The Representative men\\nof the Irrepressible ConflictWTwo Letters 331\\nThe proposed Railroad and the Water Line to connect the\\nOhio River with Tide water, c. 336\\nr Lhe Covington Ohio Railroad Can the Virginia Central.\\nBuild It 342\\nAgricultural College of West Virginia--- Two Letters 346\\nOur System of Government\u00e2\u0080\u0094 Wha^t is It? Three Letters. 352\\nThe Impeachment of the President .What is it for 4 Letters 370\\nThe Chicago Platform in }868 and its Candidates 382\\nThe Crisis\u00e2\u0080\u0094 What should honest men do to save the Government? 387\\nAmendments proposed to our National Constitution, by the\\nWriter 300", "height": "4148", "width": "2572", "jp2-path": "formationofstate00park_0_0013.jp2"}, "14": {"fulltext": "X\\nCONTENTS.\\nTroo Loilty It is too Expensive for us to Keep 3 Letters #0$\\nEnforcement Act passed by Congress Its Construction and\\neffect Four Letters 411\\nFlick Amendment, Enfranchising ex-Rebels Two Letters 418\\nHow our Peculiar form of Government requires its Youth to\\nbe Educated 432\\nHow Important it is that we have Correct ideas of God 425\\nThe Bible in our Free Schools 428\\nThe Amendment to our National Constitution proposed by the\\nEvangelical Churches of the Country Lour Letters 432\\nThe Proposed State Constitutional Convention Should it be\\nCalled The Address of the Democratic State Executive\\nCommittee to the People Three Letters 443\\nThe Proposed Constitution to be voted on the Fourth Thurs-\\nday of August, 1872 Four Letters 457\\nThe final vote of the People, as proclaimed by the Governor,\\nwith the Editor of the Wheeling Intelligencer s remarks\\non the Subject .471\\nPlan for a Free School System in this State Two Letters 473\\nThe Plymouth Church Scandal Its Great Preacher Speaks\\nat Last (Letter to the Wheeling Intelligencer, June 10/73) 47^\\nWhat occurred afterwards in my relation with that Journal on\\nthe Subject The recent judicial uncovering of that\\nChurch, its Great Preacher, c. with what seems to be\\nthe lesson it ought to teach the male heads of American\\nfamilies .481\\nThe Death of ex-President Johnson 482", "height": "4140", "width": "2664", "jp2-path": "formationofstate00park_0_0014.jp2"}, "15": {"fulltext": "RESOLUTIONS IN REGARD TO THE JOHN BROWN RAID\\nON HARPER S FERRY, UNANIMOUSLY ADOPTED AT\\nA MEETING OF THE CITIZENS OF GUYANDOTTE\\nAND VICINITY, DECEMBER 12, 1859.\\nWhereas The recent atrocities committed at Harper s Ferry,\\nthe conduct of our authorities, both civil and military, relating there-\\nto, and the move made in other States demand it) our judgment, a\\ncalm, full, and earnest expression of the. sentiments of our people:\\nTherefore Resolved,-^\u00e2\u0080\u0094\\nFirst That the recen^ a^dacipus andi unprovoked aggression of\\nJohn Brown and his .associates upon the laws and dignity of out-\\nState, and the rjgft^s guar^ntee-fj.to its hjy the Federal Constitution\\nmerits the unqualified Reprobation o( all men, wherever resident,\\nwho believe in the common rights of Humanity, or, that the Constitu-\\ntion and .Union are worth preserving and that the existence of an\\noppqsite sentiment on this subject, whether expressly, avowed, or\\nnecessarily implied, denotes the greatest perversion of tjae moral, or\\nderangement of the intellectual faculty.\\nSecond: That as citizens of the State thus assailed^ and enter-\\ntaining these views, whether living upon the banks of the Ohio, 01\\nthe shores of the Chesapeake\u00e2\u0080\u0094 we know of but one course to pur-\\nsue, and, that is, to repel at all hazards.\\nThird: That the conduct in this emergency of Governor Wise\\nand other officers, Judicial, Executive and Military, has our unquali-\\nfied approval\u00e2\u0080\u0094 they having represented faithfully throughout, the\\nprudence and calm determination, the high respect for law, and hu-\\nmanity, of our people.", "height": "4144", "width": "2644", "jp2-path": "formationofstate00park_0_0015.jp2"}, "16": {"fulltext": "Fourth That while we have witnessed with feelings of the\\ndeepest sorrow, manifestations in some of our sister States, approv-\\ning the treasonable and murderous attack, which unrebuked, would\\nimply general acquiescence-^we hail with corresponding joy every\\ninstance of its condemnation:\\nFifth That we in dbmmbn with the slave and non-slaveholding\\nportions of the people of onr State, solemnly protest against any\\nforeign, or outside interference with the slaves of Virginia and con-\\njure our fellow citizens of other States, by all that is sacred in the\\nties of country and kindred, worth our* re4iiembr ance-* in the past,\\nvaluable to us in the present, or worthy 6uf s hope irV trie future, to\\nle*ave this subject rb J Our own management\u00e2\u0080\u0094 believing, as we relig-\\niously dcythat all foreign j\u00c2\u00bb outside interference tends only to the per-\\nmanent injury of both Bond and Free, and to bias and 1 becloud with\\npassioir and prejudice that arbiter, to whose- decision alone the Fed-\\neral Constitution; the voice of mankind,- and- the will of the Almighty,\\nhave committed^ it\u00e2\u0080\u0094 d- clear perception of our ditfri best Me f est.\\nSixth: That as Virginians, every irtCrTof her 1 soil is dear and\\nsacred to us and- while we partake of heV preseYit blessings, and\\npast glory, we pledge our all to her defence\u00e2\u0080\u0094 with unshaken confi-\\ndence, that by a seasonable removal of unjust discrimination now\\nexisting among her great interest, a libe r al, enlightened and active\\npolicy in completing her works of Internal Improvement, increasing\\nher Home Manufacture, fostering her Commerce, and encouraging,\\nwith her Military, the Mechanic Arts our beloved Commonwealth\\nwill yet become, as she has ever been in the Cabinet and the Field,\\nfirst also in point of Wealth and Material greatness.\\nSsVenth That we-beheve^ there is no natural, or necessary an-\\ntagonism in-our vast; and asVet but partially developed and sparsely\\nsettled cbuntfv^-^between f^ee and slave labor but that the two sys-\\ntems, if let alone, will long continue to adjust themselves to the wants\\nof the country, with entire harmony, and the happy effects to our\\nNational prosperity and happiness, heretofore experienced That\\nwhat is termed the^Trrepressible^ Conflict can have no existence in\\nf ct, while- our country needs, as it does now, a hundred laborers\\nwhere it has one, free and slave included; but has been gotten up\\nand promulgated by unpatriotic men, North and South, in order to\\nex-eite-and divide the people, and serve their own selfish ends.", "height": "4148", "width": "2620", "jp2-path": "formationofstate00park_0_0016.jp2"}, "17": {"fulltext": "3\\nLAST APPEAL OF THE PEOPLE OF CABELL COUNTY\\nAND VICINITY, TO THE RIC^^QND LEGISLATURE,\\nJANUARY, i860.\\nTo the General Assembly of Virginia\\nWhereas The undersigned, being legal voters, residing along the\\nwestern, and in the present alarinipg crisis\u00e2\u0080\u0094 the frontier border of\\nthe State, and seperated at present (unless the unfrozen and suffi-\\nciently deep waters of the Ohio shall admit our going round by the\\nimprovements of other States) about six days journey from our Cap-\\nitol the only proper place to look fp,r succor in time of need and\\nwhereas the recent audacious assault uppn Harper s Ferry appeals\\nto our people to fortify and strengthen, by all the means in their\\npower we would respectfully, but earnestly urge upqn your Honora-\\nble body, the imperative necessity of conjpletipg at once the Coving-\\nton and Ohio Railroad to the Kentucky line for the following\\nreasons\\nFirst It will bring that portion of the cis- Alleghany\\nbranch of the family, now so alien by position, b,uf: not as yet in affec-\\ntion, in close and easy communication with the paternal head to\\npromptly give and receive succor, and exchange daily congratulations\\nand favors which tend so much to make a Great People in heart\\nand in purpose, one.\\nSecond While we regard all the great interests of the State, and\\nevery section thereof, entitled to equal protection and favor from the\\nLegislature and reflect that our broad, and as yet for want of ad-\\nequate outlets very imperfectly developed section of country has\\nfor many years been subjected to heavy, and. in some instances, un-\\nequal and unjust taxation to help build up Railroads and Canals in-\\nother parts of the State we feel it to be our just right, arising from\\nadequate consideration already rendered, to have the Covington and\\nOhio Railroad promptly completed.\\nThird: But rising above sectional and personal considerations,\\nwe, say the sound policy of the State, and whole South, repeat the de-\\nmand. The State, because it will unite more closely to the Maternal\\nhead, by bonds of interest and affection, a large and growing section,\\nnow the most exposed, and yet beyond the rear], of giving, Or re\\nceiving seasonable aid and thereby increase her Military strength.", "height": "4156", "width": "2632", "jp2-path": "formationofstate00park_0_0017.jp2"}, "18": {"fulltext": "4\\nIt will place hei Commercial and Manufacturing cities in direct, ex-\\npeditious and cheap communication with the great West the produce\\nand trade of which Have mainly built up, land now sustain in all their\\npride and greatness, the cities on our North. It will materially help\\nto make Norfolk a great depot, and when this takes place, direct\\ntrade with the ports of Europe will spontaneously and at once spring\\nup as that city Will then be able with riecessary despatch to collect\\narid load, arid discharge and distribute, the cargoes of Ocean-going\\nships*. It will open both East and West, cheap and expeditious out-\\nlets, and thereby help to develop! and turn into money, her vast min-\\neral stores, and greatly enhance her Agricultural wealth. The pow-\\ner of the thousand waterfalls; along the line will become a most\\neffective auxilliary in building tip Home manufacture so neces-\\nsary to her independence 1 and in fine it will be ^6 her present un-\\nfinished system of Improvements, and to her people, a quickening\\nspirit\u00e2\u0080\u0094 -infusing inio them new life; and inspire her^people with that\\nlove of Industry, arid the Practical Industrial Arts, which has made\\nEngland, the progenitor of us all\u00e2\u0080\u0094 what kriglarid is\\nIts speedy completion will greatly strengthen and enhance the\\ninterest, independence and convenience Of the whole South, by es-\\ntablishing mr Southern soil 1 up6nth\u00c2\u00a3 -Atlantic, great Commercial and\\nManufacturing depots, with a crieap, quick and safe access thereto,\\nand to our Springs and Watering places\u00e2\u0080\u0094 for every Species of propctiy.\\n1 Fourth The completion of this road will give to itself and the\\nentire 1 system of Improvements, including the water l line, with which\\nit is to connect, and form the maiii trunk arid teeder-^some now in\\ndecay, and all a languishing burden a Vital and highly remunerative\\nexistence that sha lF sobiV extinguish the Public Debt* To delay,\\ntherefore, seems to L us in this point of view merely, as unwise and\\nsuicidalV as rt wo did be for an individual to delay the opening of the\\nmain Sluice to the Reservoir, after having dug all the ramifications\\nto irrigate his extensive Farm or to complete the last rod of an ex-\\ntensive Toll Bridge, which should connect it with the opposite\\nshore.\\nFifth It is equally as necessary in our mind, that the appro-\\npriation should be expended simultaneously, and in equal propor-\\ntions at least, at the East and West ends. For an additional million\\nexpended during the next two years in tunnelling the Alleghanies, will\\nscarcely be perceptible to anybody, while that sum expended on the\\nWestern end, will save the half million now fast going to decay, open", "height": "4148", "width": "2632", "jp2-path": "formationofstate00park_0_0018.jp2"}, "19": {"fulltext": "a cheap outlet to the Ohio to a large portion of our people, for their\\nMineral and Agricultural products, and from the easy grade of this\\nsection, will overcome to some extent the obstacles that now seper-\\nate us.\\nThese are our firm convictions on this vitally important subject,\\nformed upon careful and mature consideration and having express-\\ned them earnestly and in respectful terms to your Honorable Body,\\nwhich alone has the power to act our duty ends for the present\\nthe rest is with you.\\nThis Memorial was numerously signed and forwarded to Rich-\\nmond, but the prayer was unheeded. The entire appropriation\\nmade, was ordered to be expended on the East end. I think this\\nwas our last appeal to the Richmond Legislature.\\nIn reply to a long and labored article that appealed in the New\\nYork Courier and Enquirer, of the 20th of November, i860, with\\nMassachusetts Personal Liberty Laws annexed\u00e2\u0080\u0094 -assuming to\\nshow the same were not in violation of the United States Constitution\\nor Laws, I sent to the Boston Courier the following fetters, which\\nare preceded by the Massachusetts Laws, and the Ector s prefatory\\nremarks. For the laws of Congress on the same subject in force\\nat the time, reference is made to Brightly s Digest, page 294.\\nFrom the New York Courier and Enquirer, November 20, i860.\\nFUGITIVE SLAVE ACT AND PERSONAL LIBERTY LAWS.\\nWe have said that there is no law in any Northern State nullifying\\nthe Fugitive Slave Law. We proceed to prove it. We will give the;\\nMassachusetts law, which is known as a Personal Liberty Law, in", "height": "4156", "width": "2572", "jp2-path": "formationofstate00park_0_0019.jp2"}, "20": {"fulltext": "6\\nfull, as it contains the pith and substance of all the laws of a similar\\ncharacter in other States. We will give abstracts of like laws in\\nother States, and then show that not one of them nullifies the Fugi-\\ntive Slave Law.\\nWe copy from the Revised Code of Massachusetts\\nREVISED CODE OF MASSACHUSETTS. CHAPTER 144.\\n57. The Governor, by and with the advice and consent of the\\nCouncil, shall appoint in every county one or more commissioners,\\n(earned in the law, who shall, in their respective counties, when any\\nperson is arrested or seized, or in danger of being arrested or seized,\\nas a fugitive from service or labor, on being informed thereof, dili-\\ngently and faithfully use all lawful means to protect and defend such\\nalleged fugitive, and secure to him a fair and impartial trial by jury,\\nand the benefits of the provisions of this chapter and any attorney\\nwhose services are desired by the alleged fugitive may also act as\\ncounsel. (Act 1855, 489, 17.)\\n58. The commissioners shall defray all expenses of witnesses,\\nclerks fees, and officers fees, and other expenses which may be in-\\ncurred in the protection and defence of any person so seized or ar-\\nrested and the same, together with the reasonable charges of the\\ncommissioners for their services as attorneys and counsel, shall be\\npaid from the treasury of the Commonwealth on a warrant to be\\nissued by the Governor. (Act of 1855, 18, p. 489.)\\n59. No person while holding any office of honor, trust, or\\nemolument, under the laws of this State, shall in any capacity take\\ncognizance of any case, issue any warrant or other process, or grant\\nany certificate, under or by virtue of an act of Congress approved\\nthe twelfth day of February, in the year 1793, entitled An act re-\\nspecting fugitives from justice and persons escaping from the service\\nof their masters, or under or by virtue of an act of Congress ap-\\nproved the eighteenth day of September, 1850, entitled An act to\\namend, and supplementary to An act respecting fugitives from jus-\\ntice and persons escaping from the service of their masters, or\\nshall, in any capacity, serve such warrant or other process. Any\\njustice of the peace who shall offend against the provisions of this\\nsection, by directly or indirectly acting in such cases, shall forfeit a\\nsum not exceeding one thousand dollars, or be imprisoned in jail not\\nexceeding one year, for each offence. (Acts of 1843, page 69, 3?\\nand 1855, page 489, 1, 9.)", "height": "4148", "width": "2624", "jp2-path": "formationofstate00park_0_0020.jp2"}, "21": {"fulltext": "60. No jail, prison, or other place of confinement belonging\\nto or used by the State, or any county therein, shall be used for the\\ndetention or imprisonment of any person accused or convicted of an\\noffence created by either of the acts of Congress mentioned in the\\npreceding section, or accused or convicted of obstructing or resisting\\nany process, warrant, or order issued under either of said acts, or\\nof rescuing, or attempting to rescue, any person arrested or detained\\nunder any of the provisions of either of said acts, nor for the im-\\nprisonment of a person arrested on mesne process or execution in a\\nsuit for damages or penalties accruing, or claimed to accrue/ in con-\\nsequence of aid rendered to any fugitive escaping from service or\\nlabor. (Acts of 1843, page 69, and 1855, page 489, 19.)\\n61. Whoever shall remove from the limits of this State, or as-\\nsist in removing therefrom, or come into the State with the intention\\nof removing or assisting in the removing therefrom, or procure or as-\\nsist in procuring to be so removed, any peYson being in the peace\\nthereof, who is not held to service or labor by the party making\\nclaim, or who has not escaped* from 5 th\u00c2\u00a3 party making claim.\\nor whose service or labor is not due to the party making claim\\nwithin the meaning of th ose words in the Constitution of the riited\\nStates, on the pretence that such person is so held or tias so escap-\\ned, or that his service or labor is so due, or with the intent to\\nsubject him to such service or labor, shall be punished by fine not\\nless than one thousand nor more than five thousand dollars, and by\\nimprisonment in the State prison not less than one nor more than five\\nyears. And any person sustaining wrong or injury by any proceed-\\ning punishable as aforesaid, may also maintain ah action aricT recover\\ndamages therefor. (Act 1B55, 489, sections 7, S.)\\n62. Any sheriff, deputy sheriff, jailor, coroner constable, or\\nother officer of this State, or of the police of any city or town, or\\nany district, county, city, or* town officer, or any officer or other mem-\\nber of the volunteer militia of this State, who shall hereafter arrest,\\nimprison, detain, or return, or aid in arresting, imprisoning, detain-\\ning, or returning, any person for the reason that he is claimed or ad-\\njudged to be a fugitive from service or labor, shall be punished by\\nfine not less than one thousand and not exceeding two thousand dol-\\nlars, and by imprisonment in the State Prison for not less than one\\nnor more than two years. (Acts 1843, 69, sec. 33 1855, 489, sees.\\n63. The volunteer militia shall not act in any manner in the", "height": "4160", "width": "2620", "jp2-path": "formationofstate00park_0_0021.jp2"}, "22": {"fulltext": "8\\nseizure, detention, or rendition of a person for the reason that he is\\nclaimed or adjudged to be a fugitive from service or labor. Any\\nmember thereof who shall offend against the provisions of this sec-\\ntion shall be punished by jine not less than one thousand and not ex-\\nceeding two thousand dollars, and by imprisonment in the State Prison\\nfor not less than one nor mote than two years. (Act of 1855, 489,\\nsection 16.)\\n64. The penalties prescribed by the two preceding sections\\nshall not apply to any act of military obedience and subordination\\nperformed by any officer or private of the militia. (Act of 1858,\\n175, section 2.)\\n65. Nothing in the eight preceding sections, nor in sections\\nnineteen, twenty, and twenty-one, shall be construed to apply to so\\nmuch of the act of Congress of the twelfth of February, 1793, as\\nrelates to fugitives from justice. (Act of 1855, 489, 21.)\\n66. No person holding a judicial office under the laws of the\\nUnited States, or the office of Commissioner of the Circuit Court of\\nthe United States, shall hold any judicial office under the Constitu-\\ntion and laws of this State, except that of Justice of the Peace. No\\nJustice of the Peace, while holding the office of Commissioner of\\nthe United States Circuit Court, sliall have authority to grant any\\nwarrant, or to issue any process, civil or criniinal, other than sum-\\nmonses to witnesses, or hear and try any cause, civil or criminal, un-\\nder the laws of this State. (Act of 185$, 175, set. 1.)\\nOUR FATHERS BOND.^No.\\nMy Friends and Fallow Citizens of Massachusetts,:\\nIt is natural for the dearest memories of life to cluster around the\\nplace of our birth, and graves of our Ancestors. For here upon the\\nunsoiled tablets of our vouthful minds are indelibly daguerreotyped\\nthe pleasantest impressions, by the rays of Love from Parents whose\\nashes sanctify their graves.\\nIf the spot happens to be known to fame, or to be hallowed in the\\nannals of our country by the heroic and patriotic deeds of these\\nAncestors, a just pride naturally adds strength to the attachment.\\nNo Massachusetts boy needs to be reminded how prominent and", "height": "4156", "width": "2652", "jp2-path": "formationofstate00park_0_0022.jp2"}, "23": {"fulltext": "9\\nglorious in those annals are Boston, Lexington, Concord, and Bunker\\nHill, or the Actors in those scenes. The world knows them by\\nheart and hence it is, that however long or remotely separated I am\\nfrom my native State, my anxious solicitude for her glory and welfare\\ndoes not abate. And while I claim with pride, as a just inheritance,\\na share in her past glory, I deplore, with the deepest filial sorrow,\\nher present standing in the Union, and in relation to our Fathers\\nBond, the Constitution, that forms that Union.\\nTo establish and perfect this Union for themselves and posterity,\\nthe Fathers, (the brightest constellation of great men that ever lived)\\nsacrificed their treasure, ease, comfort, and in fact their whole lives.\\nLook now for a moment to the fruits this Union has produced in\\nthe short space of eighty-four years. From the thirteen feeble and\\ndiscordant Colonies, it has swelled to thirty-three States each an\\nEmpire, or containing the elements of one, within itself; each with a\\nRepublican form of Government, self-acting and independent, except\\nso far as restrained by our Fathers Bond, the Federal Constitution.\\nThis, Bond also established a Republican form of Government for\\nImperial and( General purposes, resting for support immediately upon\\nthe People of all trie States, from whom it derived its powers and\\nis also self-acting and entirely Supreme, within the scope of the pow-\\ners granted it.\\nThis Federal Government is charged with the care of the People\\nof the United ^States as a unit, to be the impartial Guardian and\\nProtector of all the People of each State being left free to conduct\\nand manage through their respective State Governmehts, all their\\nlocal and domestic matters, as the soil, climate, and resources of\\ntheir particular State shall in their judgment require; provided al-\\nways they do not encroach upon, or obstruct the due execution of\\nthe Federal powers, whicfy are in all cases within the scope of pow-\\ners granted it, Supreme.\\nUnder the workings of this transcendantly wise System, our Terri-\\ntory has expanded from narrow strips along the Eastern and Western\\nSlopes of the Alleghanies, to the Pacific our People from three to\\nabout thirty millions our Cities, from, one, Philadelphia then num-\\nbering 40,000 inhabitants, to about one hundred and thirty with\\nNew York, now the third, and soon, if the Union is preserved, to be-\\ncome the first in the World. Our Commerce is second only to that\\nof Great Britain. Our Tonnage, increased from a few inferior ves-\\nB", "height": "4156", "width": "2588", "jp2-path": "formationofstate00park_0_0023.jp2"}, "24": {"fulltext": "10\\nsels, to over 5,000,000. Our annual Exports from comparatively\\nnothing to about $300,000,000 and in fact the increase of every-\\nthing else, which makes a People great, independent and happy, has\\nbeen equally wonderful and hitherto unexampled in the World. Our\\nflag known and honored by all Nations and even the isolated and\\nheretolore sealed up people of the *East, have been recently\\nallured to our shores asking our friendship and alliance.\\nNor has the rapid extension of our Government over new Coun-\\ntries and new peoples, occasioned any injurious competition or an-\\ntagonism, in the working of the Great and vastly diversified Indus-\\ntrial interests, under its wonderful System but the whole have been\\ncharacterized by that perfect harmony and reciprocity shown in the\\nworkings of the vital functions of a healthy animal body no where\\ntoo much, and every where enough each part receiving and impart-\\ning vigor and nourishment (save only here and there the grating jar\\nof obstruction to the due execution of the Fugitive Slave Law.)\\nBlessed with plentiful harvests, and general health at honorable\\nPeace with all nations; and until within a few short weeks, every\\ndepartment of business prosperous, and our people full of hope and\\nhappiness.\\nNW* a Crisis is upon us Secession is attempted Revolution\\nis invoked the whole Industrial and Commercial interests of the\\nCountry* are fast sinking into distrust and bankruptcy. Alarm is be-\\ncoming depicted on every countenance and all this National great-\\nness, happiness and hope, are threatened with desolation and ruin\\nThese apparently violent and startling phenomena must have an\\ndHequate caiise somewhere. For this we should diligently seek, if we\\nI~fope c to effect a cure. Is it the recent election of Messrs. Lincoln\\narid Hamlin by Constitutional majorities By no means for this\\nfact itself, cannot weigh a feather in any rational mind. It is the\\nsectional character of these votes, with the well known causes that\\nproduced them, and the foreshadowed future, that have alarmed and\\nroused the South.\\nSound reason naturally infers the future from the present and past.\\nWhat then is the Present, and what has been the Past in relation to\\nthe all absorbing subject of African Slavery, which now embraces\\nabout 4,000,000 of African extraction, happily intermingling in the\\ncapacity of servants with the whites of fifteen States\\njapan.", "height": "4148", "width": "2668", "jp2-path": "formationofstate00park_0_0024.jp2"}, "25": {"fulltext": "11\\nAt the formation of our Federal Constitution, the thirteen original\\nColonies, I think, held slaves but few along the Northern Border\\nand thickening Southward. Interest and a sound political economy\\nsoon induced the Northern States to get rid of Slavery, either by\\nselling South, or emancipation. An ancestor of mine had some sixty\\nemancipated by a Court s decision of Massachusetts. I can well rer\\nmember, (as many of you must,) the fate of the emancipated negroes\\nof your State. There was a time when Nigger Hill in Boston was\\nas famous in that vicinity as Bunker Hill in Charleston, but for a\\nvery different cause. And the ridiculous caricatures of their Aboli-\\ntion Day, derisively called Bobolition Day by the whites, too\\nclearly show with what esteem the freed blacks were held by\\nthe people of Massachusetts, at that day. They soon vanished\\naway like the Indian before a superior race. The census of 1850\\nshows the increase of free blacks from 1840 to 1850, to have been\\nonly ten per cent while the increase of Slaves, during the same\\nperiod, was thirty per cent. This is a very material and significant\\nfact in determining which is the true normal condition pf the race.\\nAt the formation of the Constitution, Cotton, Rice and Sjugar, now\\nthe great staples of the South, were comparatively unknown in this\\ncountry. My cotemporaries can remember when India Cotton\\nwas all we heard of. Our Southern Statesmen at that thne saw lit-\\ntle chance in their States for future profitable employment of Slaves,\\nand hence their recommendation of gradual emancipation, and hence\\nas one reason their failure to make more ample and explicit provis-\\nions in the Constitution for this species of property.\\nThe great Cotton, Sugar, and Rice interests have all grown up\\nsince. The climate and soil suited to their successful culture, re-\\nquired negro labor and hence their increase in value and numbers,\\nfrom $100 to $1,500 in value, and from comparatively few in number,\\nto about 4,000,000 Virginia and other States, whose soil and climate\\nwere not fitted to raise these products, found it profitable to grow\\nSlaves for Southern Markets, particularly after 1809, when Foreign\\nimportation was prohibited. Cotton has now become the clothing of the\\nWorld. The Gulf States have hitherto proved its only successful produc-\\ners. Hence it has become Lord Paramount of the World, and Thrones\\nand Principalities, it may be almost said, rest upon it. To this im-\\nforeseen growth and demand for Cotton, and corresponding importance\\nof African Slave Labor, the primary cause of our present troubles\\nand dangers can mainly be traced for the Free States soon began", "height": "4152", "width": "2584", "jp2-path": "formationofstate00park_0_0025.jp2"}, "26": {"fulltext": "12\\nto question whether the Federal Constitution afforded, or contem-\\nplated room for it while the constantly increasing stimulus of pow-\\nerful interest urged the South to ?nake room for it. Here began\\nkoine for^ years since the Conflict, which has continued to wax\\nwarmer aricj Warmer, till the fearful Present!\\nBoth Free and Slave States continued to view the subject as one\\npurely of Political Economy, until some twenty-five years since.\\nWhen rriy conscience and education were formed and built up in\\nMassachusetts, the subject of African Slavery had no place in any\\ncode of morals; in any Sermons, or Prayers of Pulpits, or lessons\\nand teachings of the School-house, or under the Paternal rBof.\\nIt was a question then to be settled by profit and loss merely,\\nthere, as in the South. But since my day the subject Has been\\nelevatect to the forum of Conscience first in the Free States by\\nweak, or designing men, and took the name of Abolitionism; which\\nwas at first very bdidus, often rotten-egged^ and shunned by Political\\nDemagogues, as a pestilence. But as the subject was peculiarly\\nfitted to arouse and enlist the feelings, and as ail the facts connected\\nWith the aefiial working of the Institution were too remote to admit\\nof practical Correction\u00e2\u0080\u0094 Utopian moralist s, and stormy preachers, too\\ndesirous bt hotonety, esf3bused the subject as a hobby. It entered\\nthe Schooi-house, a rid ascended the Pulpit, and began to become an\\nelement in forming and building up the conscience and education of\\nthe filing generation 1 Its progress was slow, however, until the\\nname 1 1 was chahged to Free Soilism about 1848, soon after the\\nacquisition of the Mexican Territory. The subject then became\\nrespectable, and entered most of the Pulpits and School-houses, was\\ncourted 1 by political demagogues, and soon began to ascend to the\\nhighest offices.\\nIt has entered so largely into the formation and building up of the\\nconsciences and education of the present generation, that I really\\nbelieve very many in the Free States conscientiously look upon Afri-\\ncan Slavery as the greatest of moral evils, without any accessable\\nmeans of becoming undeceived.\\nThis I look upon as the most alarming feature of the disease by\\nfar for the delusion has entered as a reality into the conscience,\\nwhich is being daily worked upon by so large an array of interested\\nand unscrupulous men, without the accessable means of correction.\\nMeanwhile, on the other hand, the South in a spirit of retaliation,", "height": "4148", "width": "2620", "jp2-path": "formationofstate00park_0_0026.jp2"}, "27": {"fulltext": "13\\nand stimulated by great and increasing pecuniary interest, have form-\\ned and built up a directly opposite conscience, viz That African\\nSlavery is a great moral and political good to the blacks, at least\\nand here we come to the fearful issue, now to be either compromised,\\nor triecj by force of arms\\nThe South, holding in their hands the Cotton King, something of\\nWhich the North must have and the 4,000,000 blacks to be sup-\\nported and taken care of by somebody\u00e2\u0080\u0094 will agree to abide by our\\nFathers Bond, the Constitution, as their rights have been, or shall\\nbe, decided by the Supreme Court, provided the Free States will do\\nthe same.\\nTo nothing short of this will the South ever submit. They will\\nencounter disunion and death, rather than submit to injustice or\\ndishonor.\\nNow is it not right that the Free States should come to these\\nterms What sacrifice will they have to uiake I am unable to see\\nany. Fiorn my stand point the vital interest of every Free State lies\\nin preserving the integrity of the Union. The South will still be\\ncontent to confine herself to raising the raw material, (always the\\npoorest paying part in the producing process) and exchange with\\nthe North for her manufactured articles, or pay the customary duties\\non whatever she imports, rather than forego the blessings of Union\\nand open a Free Trade Alliance with England and France. All she\\nasks is to be let alone, and secured in her Rights to the extent the\\nConstitution guarantees.\\nWhat substantial sacrifice, I repeat, does she ask the Free States\\nto make Nothing, I affirm, but to keep inviolate our Fathers\\nBond. To do that you will only have to abjure that false, artificial,\\nand abnormal conscience, which cunning and designing men have\\nstudiously built up among you, upon a subject you can know but\\nlittle of, and have no concern with, except faithfully to perform the\\nrequirements of the Bond as our Fathers intended. That is all.\\nThe acts of the Free States flatly contradict their professed humanity\\nfor the negroes. There exists too long and too strong an array of\\nactual facts and conduct, towards that unfortunate race, to hang a\\ndoubt on, of the entire heartlessness of all such professions.\\nWould true humanity for the blacks dictate the walling in of the\\npresent 4,000,000, that increase thirty per cent, every ten years,", "height": "4160", "width": "2584", "jp2-path": "formationofstate00park_0_0027.jp2"}, "28": {"fulltext": "14\\nto die out; or permit them to accompany their Masters, to enjoy\\nfresh, virgin lands, in a congenial climate Mine would certainly\\ndictate the latter.\\nI have read in the New York Courier and Enquirer of the 20th\\nult., extracts from the so called Personal Liberty Laws now stand-\\ning on the Statute Books of Massachusetts and other Free States,\\nand a long and labored article by the Editor, attempting to prove\\ntheir entire consistency with the Federal Constitution and Fugitive\\nSlave Laws passed by Congress in pursuance thereof though he\\ndistinctly admits they amount to Unfriendly Legislation.\\nI never witnessed a more unsuccessful attempt. Nor did I know\\nbefore that such rank nullification, not only in spirit and meaning,\\nbut in letter, existed on her Statute books. I learn also from the\\nsame source that Massachusetts was the first to pass these nullifica-\\ntion laws, and that the other nullifying States only followed her exam-\\nple. It is her laws therefore I propose to test by the provisions of\\nthe Constitution in my next.\\nCabell County, Western Va., December 1, i860.\\nOUR FATHERS BOND.\u00e2\u0080\u0094 NO. 2.\\nMy Friends and Fellow, Citizens of Massachusetts\\nIn my former number I endeavored to give you what seemed to\\nme to be the true diagnosis of our present National disease, from\\nwhich our present imminent danger springs. I will now endeavor to\\nconvince you of some of the errors at least, you have been led to\\ncommit by reason thereof, with the hope you may correct them be-\\nfore it shall be too late.\\nThe only clause in our Federal Constitution which relates to the\\nRendition of Fugitive Slaves is the following\\nNo person held to service or labor in one State under the Laws\\nthereof, escapiug into another, shall, in consequence of any law or\\nregulation therein be discharged from such services or labor, but\\nshall be delivered up, on claim of the party to whom such service\\nor labor may be due.", "height": "4172", "width": "2624", "jp2-path": "formationofstate00park_0_0028.jp2"}, "29": {"fulltext": "15\\nArticle 6, Section 2, of the Federal Constitution is as follows\\nThis Constitution and the Laws of the United States, which shall\\nbe made in pursuance thereof, and all Treaties made, or which shall\\nbe made under the authority of the United States, shall be the\\nsupreme law of the land and the jfudges in every Stale shall be\\nbound thereby, anything in the Constitution or Laws of any State to\\nthe contrary nohvithslanding.\\nThese clauses are characterized by the same simplicity, compre-\\nhensiveness and precision of language that mark the other parts of\\nthat Instrument, as well as the other productions of Washington,\\nFranklin, Hamilton, Madison, Pinckney, and their associates\\nall eminently practical -and accustomed to say and write just what\\nthey meant in plain English/ so that to be misunderstood, or miscon-\\nstrued, requires the labor arid pains.\\nNow if my servant, owing me service or labor for life, or my ap-\\nprentice, owing me service or labor for a term of years, should es-\\ncape to Massachusetts, what in fhe fair meaning and spirit of these\\nProvisions of the Federal Constitution, would be the duty of the peo-\\nple of Massachusetts to do and What to abstain from doing?\\nThe clauses themselves answer botn branches of the inquiry First,\\nhe shall not be discharged by reason of any Law or regulation of\\nMassachusetts. Hence any attempt tb^etfecf His discharge, directly\\nor indirectly, openly or covertly, by any act of her Legislature, her\\nofficers, or citizens, would violate this clause of the v Constitution, and\\ninvolve all parties participating therein, in a breach of their oaths to\\nsupport the Federal Constitution, the Supreme Law of the Land.\\nHaving seen what it is their duty to abstain front doings the next in-\\nquiry is, what does it enjoin on them to do The clause itself also\\nanswers this branch of the inquiry in equally Explicit terms, viz he\\nshall be delivered vp on claim of the person to whom such\\nservice or labor may be due. It is unquestionably the duty of the\\nclaimant to first prove his title^to such Fugitive\u00e2\u0080\u0094 but he can only be\\nrequired to prove it in the manner the title to other property was re-\\nquired to be proved by the rules of the Common Law as it existed\\nat the adoption of the Constitution; at which time the testimony of one\\nunimpeached witness wonlcl be sufficient, and depositions of absent\\nwitnesses were admissable. This would clearly be the rule for proof\\nof title until such time as Congress, whose duty it is to see all rights\\nsecured by the Federal Constitution fully sustained and carried out\\nshould prescribe other rules.", "height": "4160", "width": "2572", "jp2-path": "formationofstate00park_0_0029.jp2"}, "30": {"fulltext": "16\\nWhat is meant by the words deliver up They certainly imply\\naction and not merely permission for the claimant to come and take\\nhis slave,, if he can find and catch him. What does Bail or Surety,\\nin common cases, have co do in order to deliver up his principal\\nHe certainly has to catch his principal, and actually deliver him over\\nto the officer or Court and alike positive duty would be required on\\nthe part of the people of a State, to satisfy this clause of the Con-\\nstitution according to its fair intendment and meaning^\\nBut whose duty is it thus to deliver up It seems to me very\\nclear, that this duty to deliver up rests upon the State in its cor-\\nporate capacity as well as on every citizen thereof he being bound\\nto assist in faithfully discharging a Constitutional duty resting on his\\nState and being also a citizen of the United States, and bound by\\nparamount obligation to support its Constitution he may be ^awfully\\nrequired, at all times, by either Sheriff or United States Marshal,\\nto help form a posse to assist in such delivering up.\\nAny attempt therefore, on the part of any State to prevent or deter\\nits citizens by the impositions of heavy fines, and infamous impris-\\nonments, from faithfully and fully discharging this plain Constitution-\\nal duty, would be atrocious indeed As it would thereby impose on\\nits own citizens, the awful and justly abfyorent alterative of submitting\\nto these heavy fines and infanwus imprisonments, or a violation of\\ntheir Oaths to support the Federal Constitution And it seems to me\\nto be equally clear that it is the duty of the State in its corporate\\ncapacity, acting by, and through ifs Officers, to deliver up such\\nfugitive for the same sentence, wtych forbids a State making any law\\nor regulation, to discharge (which would be clearly a corporate\\nact,) continues the same corporate duty, to deliver up, which can\\nbe done only by and through its Officers. This seems to me to be\\nthe fair meaning and intendment of the Fugitive Slave clause in the\\nFederal Constitutiqn, wfyen taken in connection with the othei clause\\nbefore quoted.\\nBut it is stated by the Editor of the Courier and Enquirer in the\\narticle before referred to, that when Congress passed the Fugitive\\nSlave laws and assumed to enforce and carry out the rights secured\\nby the Federal Constitution, it thereby ousted and displaced the State\\njurisdiction, of the subject, and thereby absolved the State and all\\nits citizens from further obligation to deliver up, or to allow\\nFederal authorities the use of State jails, Court Houses, c, in con-\\nnection with the subject and cites the case of Prigg, vs. Pennsyl-", "height": "4180", "width": "2588", "jp2-path": "formationofstate00park_0_0030.jp2"}, "31": {"fulltext": "17\\nvania. I have not seen this case, nor have I at hand the book con-\\ntaining it and cannot therefore say what the case undertakes to de-\\ncide. There are doubtless cases, where legislation by Congress\\nwould oust the.. State jurisdiction on the same subject but I am\\nwholly unable to see how any Act of Congress, whose powers are\\nalways subject to and limited by the Federal Constitution, can absolve\\na State, or its citizens from a positive duty, unconditionally imposed\\nby the Federal Constitution itself unless the creature be above its\\ncreator the inferior, above the superior.\\nThere can be no cloubt but that this positive duty so imposed on\\nthe State, and its citizens, to deliver up, by the Federal Constitu-\\ntion the Supreme Law does continue until removed by the same\\nhigh authority that imposed it, any law of Congress, or Constitution\\nor laws of States to the contrary notwithstanding. And hence it is\\nthe duty of the State, in its corporate capacity, and all its citizens, to\\ncordially co-operate with the Federal authorities in faithfully carrying\\nout the Fugitive Slave Law, as our Fathers intended and to extend\\nthe use of State Jails, c, for the purpose.\\nBut where no such positive constitutional duty exists on a State, or\\nits citizens, it seems to me equally clear, the Federal Government has\\nno better right to State Jails, c, than any one else nor any right\\nto call on State officers as such but only as citizens of the United\\nStates, to which the citizens of every State owe a paramount allegi-\\nance.\\nOne word now as to the way the Editor says they contrive\\nto work these Personal Liberty Laws, so as to attain their end,\\nwithout violating the Federal Constitution Which is as follows\\nFirst, The Legislation by Congress, that is the passage of the Fugi-\\ntive Slave Laws of 1793 and 1850 ousted and displaced the State ju 7\\nrisdiction, and absolved the State and all its citizens from further ob-\\nligation tq ^deliver up. That is, the field is cleared for the Federal\\nofficers to come and take the fugitive, if they can find and catch\\nhim. The State enforces the withdrawal of all her citizens, and\\nofficers of every description, from Governor down to Town Constable,\\nwith her volunteer militia, by pecuniary fines not l^ss than one, nor\\nmore than two thousand dollars, and confinement in the State Prison\\nfrom one to five years, and closes all her jails, c. But as soon as\\nthe claimant gets his warrant from the United States Commissioner,\\nand places it in the hands of the United States Marshal, and enters\\nthe field thus to all appearance cleared of obstruction Lo from\\nC", "height": "4160", "width": "2588", "jp2-path": "formationofstate00park_0_0031.jp2"}, "32": {"fulltext": "18\\nan unexpected quarter, a corps of Commissioners, Learned in the\\nLaw, one or two from each County appointed by the Governor, and\\nwhose duty it is made to protect and defend all fugitives arrested,\\nor in danger of being arrested, and if caught, to secure to them\\na fair and impartial trial by a jury (The laws of Congress which\\nthese Commissioners so learned in the law claim to have displaced\\nState jurisdiction and absolved all State duties, provide that all\\ntrials should be had before a United States Commissioner.) Still if\\nin spite of the protecting care of these Commissioners, so learned\\nin the law, the United States Marshal happens to nab the fugitive,\\nand have him in legal custody, these Commissioners, by some trans-\\ncendental art, known only to the higher-law people, restore, in-\\nstantaneously, the State jurisdiction but not the duty and obliga-\\ntion, to deliver up and one of their number applies at once to a\\nState Judge makes oath that the fugitive is illegally held and\\nprocures a writ of habeas corpus and places it in the hands of a\\nSheriff, who brings the claimant, supposed Fugitive, and Marshal,\\nbefore the State Judge by virtue, as they say, of this other provision\\nof the Federal Constitution, viz The privileges of the writ of\\nhabeas corpus shall not be suspended, unless in cases of Rebellion\\nor Invasion, the public safety shall require it. Overlooking the\\nfact, that their invasion of, and resistence to, the Federal authority\\nby arresting the United States Marshal, fugitive and claimant, create\\nthe very exigency which suspends the right to writ of habeas corpus.\\n(Webster defines Rebellion, A resistance to Lawful Authority.\\nBy their higher-law however, they are enabled to get over these\\nthings. Having thus superseded the Federal proceedings, and Unit-\\ned States Commissioner, and gotten all hands before a State Judge,\\nthey encounter this other obstacle, viz that this State Judge is a man\\nwho has a reputation and conscience to look out for, and has taken\\nan oath to support the Federal Constitution They fear to trust\\nhim. Though from the earliest history of the Common Law, to the\\npresent time, in England and this Country, the writ of habeas corpus\\nhas always been tried and decided by the Judges, and never by a\\njury. But their higher law soon enables them to surmount this\\ndifficulty, by this other Clause of the Federal Constitution, viz Suits\\nat Common Law, where the value in controversy shall exceed $20.00,\\nthe right of trial by jury, shall be preserved. The value in contro-\\nversy I This makes its necessary to give a value to the fugitive ex-\\nceeding $20.00, which would imply property in man Which all", "height": "4160", "width": "2640", "jp2-path": "formationofstate00park_0_0032.jp2"}, "33": {"fulltext": "19\\nhigher law people deny. Nor can I be expected to tell how they\\nget over this also, for their thoughts and ways are above ours but a\\nhigher law jury is always summoned, who discharge the fugitive^\\nand then follows inevitably the dead-fail to the unfortunate clai-\\nmant For this verdict of the Jury and judgment upon it, becomes\\nconclusive evidence against such claimant, that the supposed fugitive\\ndid not escape, or did not owe him service or labor, and that the\\nclaimant came into the State under pretence, the Fugitive did.\\nThese facts established, and the claimant is inevitably subject to the\\nheavy pecuniary fines and infamous penalties prescribed in the 6ist\\nSection of the Personal Liberty Laws and these Commissioners,\\nso learned in the law are ready to say to another unfortunate clai-\\nmant, Come walk into my parlor, little fly In many of these\\nPersonal Liberty Laws, two witnesses are required to establish the\\nclaimant s title, though one has always been held sufficient in trials of\\nother property and by the Common Law, depositions of absent wit^\\nnesses have always been admissible in trials of title to property but\\nare denied by the Personal Liberty Laws\\nWith all these embarrassments the claimant must fail, and become\\nsubject to the awful penalties. It renders the Fugitive Slave Law tQ\\nall intents and purposes inoperative. It u nullification to all intents\\nand purposes, and in a most treacherous and sneaking form, for it\\nseeks to attain the object fully, and shirk a just, though awful respon-\\nsibility.\\nThe Editor of the Courier and Enquirer states that the whole ob-\\nject and purpose of these laws were to prevent Kidnapping That\\nthere were men of wealth in New York and Boston, who are engaged\\nin the Slave trade, and would not hesitate to kidnap and sell a free\\nnegro into Southern bondage I cannot tell what other moral mon-\\nsters have been generated by this higher law conscience of late\\nyears, but I do know, that while I was acquainted with those cities, a\\nKidnapper was as rare as a South Sea Islander and there would\\nhave been as much necessity for Such Legislation to prevent depre-\\ndations by one, as the other. So grave and heinous a charge against\\na large class of citizens, only shows to what an extremity an Editor\\nmay be pushed.\\nDepend upon it my friends, there is a storm coming on. It is for\\nyour highest interest and honor to wipe, at once, this rank nullifica-\\ntion from your Statute Book; and have your own hands clean and", "height": "4160", "width": "2588", "jp2-path": "formationofstate00park_0_0033.jp2"}, "34": {"fulltext": "20\\nyour house in order. The recent victory of your party enables yott\\nto do it without any sacrifice of pride, but purely as an act of patriot-\\nism and magnanimity. Besides, it should be the pleasure, as well as\\nduty, of a worthy Leader to lead out at once, those her example has\\nled into danger and error. The principles and platform laid down by\\nthe Hon. A. H. Stephens, in his great speech of advice to the Leg-\\nislature of Georgia of the 14th ult., will, on one contingency, unite the\\nentire South. The platform contains as one of its immovable planks,\\nthat the nullifying States, they having been the first to aggress, shall\\nfirst recede. These principles are fast permeating all classes of our\\npeople, satisfying the understanding and conscience, and uniting the\\nhearts of all. Should the nullifying States set about repealing at\\nonce their justly obnoxious and odious laws, a settlement may be\\neffected and the Union preserved but if not\u00e2\u0080\u0094 a settlement will be re-\\ngarded unattainable, and redress sought in some form, by Revolution if\\nno gentler means will serve. I can further say\u00e2\u0080\u0094 speaking from no\\nlimited knowledge of her people\u00e2\u0080\u0094 that the United South upon Mr.\\nStephen s platform notwithstanding her supposed inherent weak-\\nness will prove invincible; as she will have Right, the approbation\\nof good men, and our Fathers God, on her side.\\nIf I find time I will endeavor to show in another number, the\\nruinous effects such a withdrawal and loss of 12,000,000 consumers\\nwill have on all New England interests.\\nCabell County, Western Va., December 6, i860.\\nOUR FATHERS BOND.\u00e2\u0080\u0094 NO. 3.\\nMy Friends and Fellow Citizens of Massachusetts\\nAs it has been in my former, it will be my purpose in this num-\\nber, to address myself to the business and laboring classes, whose\\ngreat purpose of life is, to make a good living for themselves and\\nfamilies, by honest means, and not to your present leading politicians,\\nwho are standing on tip-toe in large places once filled by Webster,\\nDavis, Choate and their like, as mere indices, showing in their con-\\nstituency either an extreme elevation above, or depression below,\\nthat standard of sound, practical common sense, which so peculiarly", "height": "4152", "width": "2628", "jp2-path": "formationofstate00park_0_0034.jp2"}, "35": {"fulltext": "21\\ndistinguished those great men, as well as the Fathers who formed the\\nConstitution nor your Utopian Moralists, nor one-ideaed Sensational\\nPreachers, who, neglecting to feed the hungry at their own doors, are\\nleading you captive after an abstract perfection in human institutions\\nand affairs, which the Almighty has denied us in this world. Nor to\\nsubsidized Editors, nor six-penny Lawyers, who so framed your\\nPersonal Liberty Laws as to nullify completely the Federal Con-\\nstitution, and laws of Congress made in pursuance thereof without\\nviolating either\\nI have lived too long and seen too much of the world to hope to\\neffect any change in that quarter, for their bread and personal ag-\\ngrandisement lie there. It is the honest and industrious Capitalists,\\nthe Merchant and Mechanic, the owners of Real Estate in Cities\\nand Towns, the Farmers, and owners of Stocks in Railroads and\\nFactories, the Ship-owners, arid the great laboring classes, engaged in\\nvarious departments of Manufacture, that I wish to address upon\\nthe inevitable results that will follow the withdrawal of the fifteen\\nSlave States^ the 12,000,000, which are now the consumers of your\\nmanufactured articles, and the formation of a separate Confederacy,\\nwith a Free Trade Alliance with England and France.\\nThe withdrawal of two or three Cotton States will not effect this.\\nIt will require a withdrawal of all the Slave States. The Border\\nSlave States, Missouri, Kentucky, Virginia, Maryland and Delaware\\nwill go with the Southern Confederacy. Their interest will be to do\\nso, and so will be their feelings. The result will be to these Border\\nStates, they will become the great Manufacturing States of the South.\\nThey will retain the Slave Institution, but have in fact but few slaves.\\nThey will form thereby the bulwark between the Free and great raw\\nmaterial producing States South, in which slave labor will be almost\\nexclusively employed. The raw material producing States will sym-\\npathise with and help all they can, these Border Manufacturing\\nStates and what they cannot supply, they will get from England\\nand France, but nothing from New England; for there will exist\\nfor a long time at least a great Gulf between them, and prohibitory\\nand retaliative Legislation will widen and deepen that Gulf. English\\nships and English sailors will do the carrying instead of yours. Di-\\nrect trade will be at once established between Baltimore, Norfolk,\\nCharleston, Savannah and New Orleans, with the ports of Europe.\\nThere will be no more going round by New York or Boston. New\\nEngland will have to purchase her Cotton, c, at an advanced", "height": "4156", "width": "2572", "jp2-path": "formationofstate00park_0_0035.jp2"}, "36": {"fulltext": "22\\nprice, and pay cash. It is proposed to raise revenue to support the\\nnew Government by imposing an export duty on Cotton and other\\narticles, the monopoly of which will warrant.\\nI recently read an article from the London Chrofticle, stating that\\nthe withdrawal of American Cotton from their Markets for the space\\nof three months would create Revolution\\n\u00e2\u0080\u00a2But if New England can still purchase Cotton at an advanced\\nprice, and pay cash\u00e2\u0080\u0094 where ca^n s^ie Jfjind Markets for her surplus of\\nmanufactured goods, and all riianiifactured articles She can still\\ngo to China, Japan, ^Mexico and South America, in competition with\\nEngland and France and for a while she would have the North\\nWestern States. But how soon a Free State becomes a Manufactur-\\ning State, at least to the extent of her own consumption. Look at\\nOhio, Indiana and Illinois, already competing with New England in a\\nvariety of manufactured articles. And how long will it be before the\\nother Free States will be in the same condition. Besides, these\\nWestern and North Western States have rich soil and genial climate,\\nanal can raise abundance of provisions* But how will it be with New\\nEnglano!, where ice and gfanite are the natural staples, and the soil is\\ncapable of producing but a small proportion of what the present in-\\nhabitants consume.\\nWhen a Market for her Manufactured articles ceases, how can her\\npeople Live All experience shows that where Slavery exists to any\\ngreat extent, Manufactures do not flourish. This labor can only be\\nprofitably employed in Agriculture, in raising the raw material, and\\nhas to depend upon others to furnish them with nearly all Manufact-\\nured articles, Clothing, Shoes, Agricultural Implements, Carriages,\\nHousehold Furniture, c, c. 1 have only attempted to give you\\nan outline of the picture your own particular knowledge can fill it up\\nas you know better than I can, who it is that consumes your Sur-\\nplus of Manufactured articles, and furnishes Cargoes for your Ships,\\nc.\\nIt may be answered that Labor and Capital will remove to the\\nBorder States of Missouri, Kentucky, Virginia, Maryland and Dela-\\nware, and manufacture in those States. This will be done to a great\\nextent, I have no doubt. But they will have to leave behind their\\nhigher law notions, acknowledge the necessary imperfections of all\\nhuman institutions, submit to make an honest endeavor to produce the\\ngreatest amount of real, practical happiness to all, with the least pos-", "height": "4156", "width": "2620", "jp2-path": "formationofstate00park_0_0036.jp2"}, "37": {"fulltext": "23\\nsible injury to any. This would all be done I have no doubt by these\\nclasses but what will become of the fixed properly of New England\\nThe Land, the Wharves, the Ware-houses, the Stores, the Dwellings,\\nthe Palaces, and even the Ships of her Commercial Cities, the Facto-\\nries and immense property of every description, dependant upon\\nthem, the Farming interests, Railroads, c.\\nIt may also be answered that this discrimination against the Free\\nStates would soon give way to interest and convenience. But where\\nthe interest and convenience England and France have not the power\\nto give, and will not give most gladly in exchange for Cotton aWd the\\nmonopoly of supplying them with all manufactured articles It is\\nhard to find in these days, whole peoples that are content to be mere\\nhewers of wood and drawers of water, as the mere producers of\\nraw material are, when compared with the Manufacturer, Merchant\\nand Carrier; The fifteen Slave States have hitherto been Such con-\\ntented peoples; owing entirely to African Slavery which? necessitates\\nit, and at the same time improves, or at least satisfies both Master\\nand Slave while thW Fi*ee States by the aid of a protective tariff,\\nhave been made hitherto the exclusive recipients of the cream part\\nof the great industrial jbMducing processes of the pountry. All the\\nSouth demanded in return, \\\\#as simply to be let alpne in the enjoy-\\nments of that peculiar system 1 of rabbrV which produced this rare\\nharmony of interest, so e riYichirig to the North. This the North has\\ndenied them An infatuation and blindness to interest that has no\\nparallel\\nBesides, this unconstitutional and infatuated interiHedling with\\ntheir peculiar system of labor: by the Free States, has now begotten\\na deep seated enmity in the People of the South. This feeling per-\\nvades the non-Slave holding, as Well as Slave holding portions of our\\nPeople. Neither can conceive of any other motive but to insult and\\nwantonly annoy. Hence it has become contmon cause. And although in\\nour State west of the Alleghanies, we have comparatively but little\\ninterest in Slaves, still a blow struck by the Free States upon any\\nportion of the Slave holding States, would vibrate on every nerve,\\nand rouse at once to arms. Nor do I think I can be mistaken as to\\nthe universality of this feeling. I think I know the People well.\\nThey are naturally generous, hospitable and confiding to those they\\nesteem friends, but are the quickest anctanost resolute I ever knew, to\\nresent injustice or insult. The whole People of the South feel such\\ninsult and aggression have been done to them by the People of the", "height": "4156", "width": "2596", "jp2-path": "formationofstate00park_0_0037.jp2"}, "38": {"fulltext": "24\\nFree States. Before this wanton intermedling with their Slaves, the\\nPeople of the Slave States were never heard of ill-treating any man\\nfrom the Free States. Their kindness and hospitality on the con-\\ntrary were universally known and acknowledged. I can recollect of\\nglowing accounts of these qualities, given by a brother forty years\\nago, who had lived among them, and my own experience has con-\\nfirmed the truth and justice of his remarks. Ask yourselves then,\\nwhat has produced this great change in the feelings of this People\\nI have no doubt there are a small portion of the People of the Gulf\\nStates, following in the path long since marked out by Mr. Calhoun,\\nthe most captivating sophists this country ever produced, who desire\\nseparation at all hazards, but the great mass of the South are for the\\nUnion, if it can be preserved with justice and honor otherwise they\\nare for separation.\\nThese few Separatists per se, are making every effort to unite the\\nwhole South with them. This is the great game that is now being\\nplayed and it is for you to decide into whose hands, long disserta-\\ntions on the barbarism of Slavery, or the fiendish* and exultant ex-\\nclamation of grinding the Slave power with the heel of his boot,\\nwill play the cards.\\nI have been intimately acquainted for nearly three years with the\\nPeople along both sides of .the Ohio. These People are always on\\nthe very best of terms. They have a practical knowledge of the\\nPeculiar Institution, and a dissertation on its Barbarism, I have no\\nidea, would be listened to by the People on either side of the River.\\nThey ask for the dissertations of no Utopian Moralists. I am re-\\njoiced to see by a late number of the New York Courier and En^\\nquirer, that its Editor has been touched by the fire of his worthy\\nancestor, and is retracing his steps. My heart is with him in all he\\nsays of the blessings and glory of the Union. But I can say to him,\\nno such glowing eulogy of the Union will satisfy in these times. A\\ntotal repeal of the nullifying laws is what is now required, and a\\nfaithful discharge by the People, both North and South, of the great\\nduties imposed on them by the federal Constitution, from which\\nneither Congress, nor State Legislatures, nor Conventions can ab-\\nsolve; but only the People of the United States, the sovereign pow-\\ner, that created the Supreme Law of the Land, the Federal\\nConstitution. Let the Editor effect this repeal and teach the People\\nto respect their oaths and cordially discharge these important duties", "height": "4156", "width": "2624", "jp2-path": "formationofstate00park_0_0038.jp2"}, "39": {"fulltext": "25\\nto all their fellow citizens, and he may do much good. And when\\nthe People shall have learned to do this, like honest and earnest\\nmen, who love their country and appreciate the blessings of Union\\nall will be well. But 1 fear they will never learn this lesson from\\ntheir subsidized and venal presses, nor wrangling demagogues, in or\\nout of Congress nor Utopian Moralists, nor one-ideaed Sensational\\nPreachers, whose leader s Family, while attempting to drive Catholicism\\nfrom the Mississippi Valley, established the first underground Rail-\\nroad between Kentucky and Ohio, and received a wound, from the\\nsmart of which both male and female have ever since poured ana-\\nthamas in prayer and sermon, in Essay and Romance, with all the\\nembellishment and charms, the most gifted genius could bestow but\\nby reading the Constitution for themselves, with the like earnest and\\nhonest hearts and hard common sense, of the Fathers that made it.\\nWestern Virginia, December 10, i860.\\nIt was soon after these letters, the solid men of Boston and\\nvicinity held a large meeting, at which the sentiments 1 had express-\\ned were approved, and Massachusetts Personal Liberty Laws\\nwere denounced as being in violation of the National Constitution,\\nand ought therefore, to be at once repealed. But the higher law\\npeople had control of the Legislature, and its action was too hesi-\\ntating and slow, as appeared to me. These letters, though failing to\\nsecure all the concessions hoped for, served I think in some degree,\\nto make her people more determined when the trial at arms come.\\nA reply, through the Kanawha Republican, to the published\\nresolutions and speeches of the late Hon. John J..* Allen, then Pres-\\nident of Virginia Court of Appeals, and the late. Hon. David Mc-\\n1)", "height": "4156", "width": "2584", "jp2-path": "formationofstate00park_0_0039.jp2"}, "40": {"fulltext": "26\\nComas, Judge of the Kanawha Circuit, who affirmed the Constitu-\\ntional right of a State to secede from the Union. This reply I in-\\nclosed to the late Hon. George W. Summers, with permission to\\nhand it to the editor of the Republican, if he thought its publication\\nwould do any good. Judge Summers approved, and it appeared in\\nthat paper.\\nOUR NATIONAL CONSTITUTION\u00e2\u0080\u0094 WHAT IS IT?\\nEditor of Kanawha Republican I have just read the Resolu-\\ntions and Speeches of the Hon. John J. Allen, and the Hon.\\nDavid McComas. My respect for their personal and high judicial\\ncharacters, raised at once the hope of getting much trite light upon\\nthe great question, which forms rri y caption, and is so vitally inter-\\nesting at this time to the American people; and upon the most care-\\nful perusal I must say, I am disappointed. In the present Crisis the\\nAmerican People the true and only source of power, who make and\\nunmake Governments and Rulers require to be put in possession of\\nour Fathers* true ideal when they formed the Constitution or in oth-\\ner words, of just what the Framers of that Instrument intended and\\nmeant at the time they made it. When fhey are fully possessed of\\nthis, they will be prepared to see wriat alteration if any, is required\\nto meet the present Crisis, and to execute aright, the Sovereign\\npower which they alone possess.\\nTrue light therefore, is what the people need at this time from\\ntheir Representative men. The occasion is too solemn and\\nmomentous for sophistry, however subtile and ingenious, or whether\\nspringing from deluded minds in the North, or in the South.\\nIn order to interpret this instrument aright, the people should be\\nplaced at the stand point of our Fathers, with all their surroundings,\\nas far as practicable and standing in that position should with earn-\\nest and honest hearts and the hard practical common sense which so\\neminently characterized the Fathers, read for themselves the clear and\\nunambiguous provisions of that Constitution. The almost superhu-\\nman labor through which these Fathers had just passed, to achieve\\ntheir independence, had fashioned and accustomed their whole beings\\nto actual facts and stern realities; and they were pressed by the same\\nstern necessities when they framed and established the great Charter,\\nwhich was to make secure to themselves and posterity, the just fruits", "height": "4152", "width": "2580", "jp2-path": "formationofstate00park_0_0040.jp2"}, "41": {"fulltext": "27\\nand blessings of that victory. Every link in the great Chain of Union\\nthey thus formed, shows such to have been their character.\\nFrom their stand point then, let us examine the Constitution and\\nget it possible their true ideal their true intention and meaning. It\\nis undoubtedly true that prior to the Declaration of Independence,\\nthe thirteen Colonies were independent of each other, though all\\nwere united to one head the Crown of Great Britain. To sever\\nthis common allegiance and accomplish and establish their Independ-\\nence, they united against the Mother Country. A common cause\\nand great pressure from without, held them together at first. In\\n1777- however, a Confederated written Union took place, entitled\\nArticles of Confederation and perpetual Union. These articles\\nwere assented to and ratified by delegates in Congress, appointed by\\nthe Legislatures of the several States, These delegates in closing\\nthe Articles of Confederation/ used this language: And whereas\\nit hath pleased the Great Governor of the World, to incline the hearts\\nof the Legislatures we respectively represent in Congress, to approve\\nof, and to authorize us to ratify., said articles, c. These represenat-\\ntives, agents, or whatever other name they were called by, and not\\nthe people themselves, the Sovereign power assented to, and rat-\\nified them.\\nThe leading and fundamental idea of the Declaration of Independ-\\nence, and all political organizations since, has been, that in the peo-\\nple atetu resides, originally, all .sovereign power. When the allegiance\\nof the thirteen different Colonies was absolved from the British\\nCrown, the people thereof became thirteen distinct and independent\\nbodies. Each of these distinct and independent bodies set to work\\nat once to erect for themselves, separate and independent Govern-\\nments, then and now called State Governments, Each of the thirteen\\nindependent bodies shaped and formed its respective State Govern-\\nment as it pleased. These State Governments when formed, were\\nonly the creatures and agents of the respective bodies of people,\\nwho formed, and who could at any time, alter or abolish the creatures\\nso formed. These creatures or agents, it was, that assented to and\\nratified the Articles which was only a compact or league between\\nthe thirteen State Legislatures.\\nThe central governmental power created thereby, the Congress,\\nhad power to act only on these Legislatures, and not on the\\nPeople themselves. This central power, the Congress, could make\\nand enact laws, and the Articles of Confederation provided that the", "height": "4160", "width": "2588", "jp2-path": "formationofstate00park_0_0041.jp2"}, "42": {"fulltext": "2fl\\nStates should obey them and still there was no way provided to en-\\nforce these laws against a refractory State, except by the other States\\ndeclaring war against her. All the central government, the Congress,\\ncould do, was to recommend to the thirteen separate Legislatures for\\nthem to make their respective people observe its laws. The well\\nknown result was, that the greater part of these Legislatures refused\\nto act, and the central government, the Confederation, became pow-\\nerless. No money could be raised to pay the debt the late war had\\ncreated, or defray the current expenses of government rivalries and\\ndisputes were daily springing up between the different States in rela-\\ntion to commerce and other subjects, and the whole fruits of their\\nlong and glorious struggle with the Mother Country, were threatened\\nwith immediate dissolution and ruin.\\nIt was at this crisis that Mr. Madison wrote, I hold it for a fun-\\ndamental point that an individual sovereignty of the States is utterly\\nirreconcileable with the idea of an aggregate sovereignty. I think at\\nthe same time that the consolidation of the States into one single\\nsovereignty is not less unattainable, than it would be inexpedient.\\nLet it be tried, then, whether any middle ground may be taken\\nwhich will at once support a due superiority of the national authority,\\nand leave in force the local authorities so far as they can be subordi-\\nriately useful Mr. Edmund Randolph wrote Government should\\nbe able to defend itself against encroachments, and that it should be\\nparamount to State Constitutions and have power to call forth the\\nforce of the Union against any member thereof failing\\nto fulfil its duty. Mr. Pinckney of South Carolina, wrote,\\nThat the States must be kept in due subordination to the Nation.\\nThat if the States were left to act of themselves in any case, it\\nwould be impossible to defend the National prerogatives.\\nAmid these stern necessities it was that the Convention met at\\nPhiladelphia in 1787, and with George Washington in the Chair,\\nthey drafted and signed our present Constitution. The President in\\nthis wise, George Washington, President and Deputy from Virgin-\\nia. The others signed their names merely, without stating in whose\\nbehalf they acted.\\nIn whose behalf, then, did these Deputies act The preamble of\\nthe Constitution itself answers conclusively, viz\\nWe, the people of the United States, in order to form a mo?e per-\\nfect Union, establish Justice, ensure domestic tranquility, provide for", "height": "4156", "width": "2572", "jp2-path": "formationofstate00park_0_0042.jp2"}, "43": {"fulltext": "29\\nthe common defense, promote the general welfare and secure the\\nblessings of Liberty to ourselves and posterity, do ordain and estab-\\nlish this Constitution for the United States of America.\\nThen follows the Constitution with all its various provisions. If\\nthe work had stopped here even, the explicit language of the Pream-\\nble before recited would have required the necessary conclusion, that,\\nWe, the People of the United States, in their individual capacity,\\nand not the thirteen Bodies of People in their corporate capacity,\\nwere the real parties to the Instrument, acting through and by their\\ndeputies or agents. It would require a most violent and unnatural\\nconstruction, to have held it a mere compact between the thirteen\\nStates, instead of a Constitution established by all the people of the\\nUnited States. But at the time of the Deputies signing their names,\\nthey manifestly considered the Instrument as merely an escrow, or\\ndraft, without any force until assented to, and ratified by, the People\\nthemselves. And hence they passed a resolution to submit the same\\nto Conventions of Delegates to be chosen in each State by the People\\nthereof, and that as soon as the People of nine States should have as-\\nsented to and ratified the same, it should take effect as to these Peo-\\nple, and steps should be taken to organize under it.\\nGen. Washington in his letter of the same date to Congress uses\\nthis language It is obviously impracticable iti the Federal Gov-\\nernment of these States to secure all rights of independent sovereign-\\nty in each, and yet provide for the interest and safety of all. Individ-\\nuals entering into society must give up a share of Liberty to secure\\nthe rest. In all our deliberation on this subject we kept\\nsteadily in our view, that which appears to us the great interest of\\nevery true American The consolidation of our Union.\\nIn pursuance thereof, the people of the thirteen States in Conven-\\ntions held in their respective States, assented to and ratified this\\nConstitution in the following order: Delaware, December 7th, 1787\\nPennsylvania, 12th December 1787; New Jersey, 18th December\\n1787; Georgia, 2d January, 1788 Connecticut, 9th January, 1788;\\nMassachusetts, 6th February, 1788; Maryland, 28th April, 1788;\\nSouth Carolina, 23d May, 1788; New Hampshire, ist June, 1788;\\nVirginia, 25th June, 1788; New York, 26th July, 1788; North Caro-\\nlina, 21st November, 1789; Rhode Island, 29th May, 1790. Thus,\\nthe Legislatures of the thirteen States, that had comprised the Con-\\nfederation, consented to the change in the form of government, when\\nthey ordered Conventions of their respective peoples to ratify the", "height": "4156", "width": "2572", "jp2-path": "formationofstate00park_0_0043.jp2"}, "44": {"fulltext": "30\\nConstitution proposed. The Congress had before consented. This\\nwas all the Articles required. Besides, the people in their sovereign\\ncapacity were competent to make any change they chose, without\\nthe consent of their Legislatures.\\nNow can there be the slightest doubt but that it was the purpose\\nand meaning of this transaction to unite all the people of the thirteen\\nStates so fast as they assented to and ratified the Constitution, as\\none People, consolidated in one and the same Government, to the\\nextent of the powers granted in the Constitution The people,\\nwhen they met in their several Conventions, certainly held, or had\\nthe contrbl of, all the Sovereign power, whether residing in themselves,\\nor previously delegated to their respective State Governments. It\\nwas competent for them, then, acting in these Conventions, to trans-\\nfer to the Federal Government any portion of the Sovereignty they\\nchose, and in doing so, if it became necessary for them to resume\\nany portion before that delegated to their respective State Govern-\\nments, they unquestionably had the power to do it. They possessed\\nor controlled all Sovereign power, and it was in this case distributed\\nby them according to the established forms. The People became\\nthereby citizens of two distinct Governments their respective State,\\nand the Federal Government, owing allegiance according to the rank\\nor supremacy of their respective powers. The fact that the whole\\nPeople of the thirteen States constituted thirteen distinct and inde-\\npendent Governments at the time the Deputies drafted the Constitu-\\ntion, could not prevent, in any sense, their consolidating into one\\nPeople to the extent of the Federal Powers granted, as fast as they\\nratified the Constitution. The process of consolidation proceeded\\npari passu with ratification, on the familiar principle of a subscrip-\\ntion paper, headed, We, the undersigned. The obligation attaches\\nto the parties as they adopt and ratify by subscribing their names.\\nThe fact that the People of the United States ratified the Constitu-\\ntion by convening in thirteen separate Conventions, called and regu-\\nlated by their respective State Legislatures, instead of all meeting\\nin one general Convention, or in Conventions got up irrespective of\\nState lines, cannot alter the legal effect. The plan they adopted was\\nthe natural and most convenient mode, and any departure from it at\\nthat time, must have occasioned much inconvenience and confusion.\\nThe Federal as well as State Governments then are alike original\\nand legitimate, and rest upon the people, who have expressly de-\\nclared in their sovereign capacity that the Federal Constitution and", "height": "4152", "width": "2604", "jp2-path": "formationofstate00park_0_0044.jp2"}, "45": {"fulltext": "31\\nLaws and Treaties of the United States, made in pursuance thereof, shall\\nbe the Supreme Law of the Land, the Constitution or laws of any\\nState to the contrary notwithstanding, which constitutes a perfectly\\nharmonious whole. The Federal Constitution established a perfect\\nand complete Government, with its Legislative, Executive and Judi-\\ncial Departments self-acting, independent and supreme, within the\\nscope of its Constitutional powers. These high powers were indis-\\npensably necessary for the proper discharge of the high and impe-\\nrial duties with which it is charged and was intended to be the faith-\\nful guardian and protector of all the people in whatever State resi-\\ndent, as it was the creature and agent of all. Its Judiciary has juris-\\ndiction of all cases in law and equity arising under the Constitution\\nand the Laws and Treaties of the United States.\\nIts Judges are the Judges of all the people, and they are sworn to\\nsupport the Federal (Constitution. All State officers, before entering\\non the duties of their office, are required to take a similar oath;\\nThe peculiar nature and character of the provision s contained in\\nthe Constitution, can shed no light upon the present inquiry, which is,\\nto ascertain who were the real parties to the instrimieiit. Arid if it\\nhad provided that th, President and Vice-President should, have\\nbeen appointed by the State Legislatures as the Senators how are,\\nit would not have altered the (base, 1 so far as the present inquiry is\\nconcerned.\\nBut in the face of all these facts, it is gravely cqntencjed that this\\ngreat work of Washington and his co-patriots, amounts to no more\\nthan the placing together in juxtaposition/ the thirteen independent\\nbodies of people, then comprising the thirteen States, with no other\\nbond of tjnion than their concurring wills at the moment, liable to be\\nchanged by the first movement of the Government, and each and all\\npossessing the Constitutional power to fly off at pleasure, and resume\\nall their former powers And is this the thing that the Father of\\nhis Country and his compeers got up with the express purpose of cur-\\ning the evils of the old Confederation, to form a more perfect Union,\\nto establish justice, ensure domestic tranquility, provide for the com-\\nmon defense, promote the general welfare and secure the blessings\\nof liberty to themselves and posterity Is this the thing the people\\nsought when they ordained and established a Constitution for the\\npurpose above stated No. Their idea was what Washington said\\nit was in his coteinporancous letter, to form a consolidated Govern", "height": "4160", "width": "2572", "jp2-path": "formationofstate00park_0_0045.jp2"}, "46": {"fulltext": "ment of the whole people to the extent of the powers granted by\\nthe Constitution.\\nAs well may the mice undertake to undermine Bunker Hill Monu-\\nment, as the refined sophistry of the higher law pigmies of the North,\\nor Secessionists of the South, undertake to change or efface this\\ngreat and true Ideal, in the hearts of a hard sense people. Fortu-\\nnate for such that the great arms now mouldering at Mt. Vernon,\\nthe Hermitage, at Ashland and Marshfield are not weilded by the\\nwill and fires of their former possessors. How sickly sentimental it\\nis to see people purchase the Farm and Tomb of Washington to\\nsecure his ashes, while they fhijs labor to reduce to ruin the Consti-\\ntution, the great work of his life\\nAnd is there any thing in the peculiar form of ratification by the\\npeople of Virginia, June 26th, 1788, to vary their relation to the\\nGovernment, or qualify the clear and explicit language of the Pre-\\namble of the Instrument. We, the people of the United States in\\norder, c. The following are the words of their ratification:\\nWith these impressions, with a solemn appeal to the Teacher of\\nHearts, for the purity of our intentions, and under the conviction\\nthat whatever imperfections may exist in the Constitutions ought\\nrather to be examined in the mode prescribed therein, than to bring\\nthe Union into danger by delay with a hope of obtaining amend-\\nments previous to the ratification. We, the said Delegates, in the\\nname and behalf of the People of Virginia, do by these presents\\nassent to, and ratify the Constitution recommended on the 17th day\\nof September, one thousand seven hundred and eighty-seven, by the\\nFederal Convention for the Government of the Uniied States, hereby\\nannouncing to all those whom it may concern that the said Constitu-\\ntion is binding upon said People according to an authentic copy\\nhereto annexed.\\nIt is true that in the recital preceding the ratification, this language\\nis used Do in the name and behalf of the People of Virginia,\\ndeclare and make known that the powers granted under the Consti-\\ntution, being derived from the People of the United States, may be\\nresumed by them whenever the same shall be perverted to their\\ninjury or oppression; and that every power not granted thereby, re-\\nmains with them and at their will.\\nWill it be contended that the People of Virginia meant anything\\nmore by this language than to re-affirm and reiterate, on entering into\\na new Government, the inherent right of Revolution in the people to", "height": "4152", "width": "2612", "jp2-path": "formationofstate00park_0_0046.jp2"}, "47": {"fulltext": "33\\nthrow off a Government whose power shall become perverted to\\ntheir injury and oppression which was the great idea on which the\\nDeclaration of Independence was based Can it be supposed for a\\nmoment that they meant thereby to qualify their ratification, and re-\\nserve a constitutional right to secede, or withdraw, at any time they\\nchose, without the consent of the People of the other States And is\\nit to be supposed the people of New York, North Carolina, and\\nRhode Island would have ratified afterwards and unconditionally as\\nthey did) if they had so understood it The question oi conditional\\nratification came up in the Virginia Convention, and was rejected, as\\nworse than no ratification at all.\\nIn July, 1788, while the question of ratification was pending before\\nthe people of New York, Alexander Hamilton wrote Mr. Madi-\\nson, if a conditional ratification, with power peaceably to withdraw\\non a certain contingency, was admissable in his reply, Mr.\\nMadison used this language The idea of reserving the right to\\nwithdraw was started at Richmond and considered as a conditional\\nratification, which was itself abandoned, as worse than rejection\\nthe Constitution requires an adoption in toto and. forever.\\nAVill it comport with the accustomed fairness and honor of the\\nPeople of Virginia to now say to the People of New York, that they\\nmeant, when they used in the connection and for the purpose before\\nstated, the language, The People of the United States can resume\\nthe powers granted, they in fact meant that the People of Virginia\\nreserved a. Constitutional right to resume and peaceably withdraw\\nwithout, or against the consent of the others This Constitutional Se-\\ncession doctrine is a solvent that .will disintegrate any Government,\\nthough it should possess the cohesive qualities of a rock and must\\nlead the People to consequences they do not foresee.\\nShould not a just and brave People, that have a just cause of com-\\nplaint, place themselves in the present emergency upon firmer and\\nmore tenable ground Let the Proviso introduced by the Hon.\\nGeorge W. Summers in the Kanawha Convention, to submit any or-\\nganic change in the Government which shall be proposed, to the\\nfinal decision of the People, be faithfully observed by the State Con-\\nvention.\\nCabell County, Western Virginia, January 14th, 1861.", "height": "4156", "width": "2596", "jp2-path": "formationofstate00park_0_0047.jp2"}, "48": {"fulltext": "34\\nThe appearance of this letter determined, I think, in the minds of\\nSecessionists, what my future status would be. Still, I labored to\\nconvince them that since we had kept the Bond, whilst others had\\nbroken it, both the Government and Flag belonged to us and that\\nit was the height of folly to abandon either.\\nA LETTER TO THE HO\\\\ T THURLOW WEED, OF THE\\nALBANY EVENING JOURNAL, JANUARY 15, 1861.\\nGuYandotte, Cabell Co., Western V a., Jan. 15, 1861.\\nThurlo# WiiD, Esq,\\nDear Sirr\u00e2\u0080\u0094^l have just read to a gathering of anxious people, the\\nlate speech of MV. Seward, in the United Slates Senate, on the\\nstate of the country, and the Crittenden Resolutions. All had\\nconfidently expected that Mr. Seward would at once consent to\\nthese Resolutions bein\u00c2\u00a3 submitted to the vote of the People, who,\\nwe have no doubt, will approve them by the requisite majorities.\\nWe all saw the difficulty hi the w ay of the Representative men of\\nthe Republican party making the concession, justice and the integrity\\nof the Union imperatively demand but we did not suppose for a\\nmoment, that any one would oppose the submission 1 of them to their\\nConstitutional masters, the People The idea of mere servants\\nwithholding the subject, at a time like this, from their masters (be-\\ncause they were too excited to be trusted) is extraordinary indeed\\nit shows how far men reputed great, may fall below the* present\\nfearful exigency!\\nAt the same time I read a statement of the reasons and purpose\\nstated by yourself for concessions on the part of the Repuolickn^\\nparty, viz Not to conciliate South Carolina, nor other Disunionists^\\nbut to conciliate and give strength and courage to the Union merrof\\nthe Border States. This, next to putting yourselves right, is unques-", "height": "4148", "width": "2636", "jp2-path": "formationofstate00park_0_0048.jp2"}, "49": {"fulltext": "tionably the true reason. We of the Border States are for the\\nUnion. We have witnessed the outrages upon the Flag and dignity\\not the Federal Government, with as much pain and indignation as\\nyou. But what can we do, while from our stand point, the\\nprovocation on your side who desire the preservation of the\\nUnion, justifies, to a great extent at least, the conduct of\\nthe other side, who wish to destroy it. Many of us of Western\\nVirginia have had considerable experience of the practical working\\nof both Free and Slave Institutions, and are therefore qualified to\\njudge of the relative merits, and demerits, of the two sections, better\\nthan those who have seen but one side. That great principle of\\nhuman nature and municipal law which requires of every one who\\nasks justice, first to do justice\u00e2\u0080\u0094 asks the same of your party now.\\nThe Border States equally as anxious as yourselves to preserve the\\nUnion\u00e2\u0080\u0094 ask it of your party mow, by submitting the Crittenden Res-\\nolutions to the People, whose Decision we will abide. When this is\\ndone, you will find ten of the Slave States at least, as ready as your-\\nselves, to maintain the integrity and dignity of the Union, and punish\\nall arrogant aggressors\u00e2\u0080\u0094 but not till theft. This is no more than the\\nUnion men of the Border States feel they have a right to ask of\\nyour party.\\nWhat is done should be done quickly. I wrote to friends in\\nMassachusetts six weeks ago, warning them of the coming danger,\\nand the necessity for their at once putting themselves right on their\\nStatute Book, in order to secure the cordial co-operation of the\\nBorder States. That State has moved too slowly. Of all the repre-\\nsentative men of the Republican party, you, in our judgment, have\\ncome the nearest to a correct comprehension of the true necessity of\\nthe present crisis.\\n4\\nWhen it was known the Convention at Richmond had passed an\\nOrdinance of Secession, though by fraud and violence, the 17th of\\nApril, 186 1, the Secessionists became intolerant towards Union men,", "height": "4156", "width": "2588", "jp2-path": "formationofstate00park_0_0049.jp2"}, "50": {"fulltext": "m\\ninsisting it would be treason both to Virginia and the Southern Con-\\nfederacy (of which the Convention had then made her a part)\\nto vote against its ratification the fourth Thursday of May then next.\\nThe Old Line Whigs and Douglass Democrats did not so regard\\nit; but stood firm. Our delegates were put under an oath of secrecy\\nthat many observed after returning to their constituents, and refused\\nto divulge anything that had transpired in the Convention. Albert\\nG. Jenkins, a citizen of Cabell County, theretofore a member of\\nCongress from that District, commenced raising a Regiment of\\nCavalry under the authority of Governor Letcher. The Secession-\\nists of Cabell County either joined his regiment, or formed them-\\nselves into Home Guards under the pretence of preserving the\\npeace. The pomp and circumstance of glorious war was every-\\nwhere about us. A very large majority of the politicians an4 large\\nproperty owners were Secessionists. The Hon. H. J. Samuels,\\nwhose birth, education, and social relations, would naturally have\\nallied him to that party, boldly opposed from the outset and stumped\\nhis County against its ratification. Similar proceedings took place\\nin the other Counties in West ern Virginia, and when the 4ay of elec-\\ntion came the Ordinance was rejected in this section by a very large\\nmajority. The arrogant assumption of the Secessionists had wound-\\ned the Virginia pride, and aroused a patriotism and heroism, hitherto\\ndormant, in the humble, inexperienced masses.\\nSoon after the election the Richmond Government proclaimed, as\\nmatter of course, a ratification of the Ordinance by the people and\\nGeneral Wise was sent with an army to the Kanawha Valley, and\\nPegram and others with similar forces into other parts of Western\\nVirginia for the purpose of subjecting the Union men, or driving\\nthem from the State. The situation of the latter was perilous in-\\ndeed, until Union forces appeared under the command of General\\nMcClellan, when* Wise and his army skedaddled to the other side\\nof the Alleghany Mountains most of their adherents and sympa-\\nthizers followed. During their stay, Secessionists had it pretty\\nmuch their own way, especially in the lower end of the State. Gen-\\neral Wise had his headquarters at Charleston, where Jenkins and\\nsimilar bands joined, and from thence overrun the whole country-\\narresting and taking to Wise s camp incorrigible Unionists, and such\\nas he failed to convert and subdue, he forwarded to Richmond.\\nJudge Samuels left the State with his family in June, 1861. I left\\nthe 3d of July following, about one hour before a squad of Jenkins", "height": "4156", "width": "2556", "jp2-path": "formationofstate00park_0_0050.jp2"}, "51": {"fulltext": "37\\nCavalry came to arrest and take me to Wise s headquarters. Many\\nother Unionists took the same course, and afterwards, in both civil\\nand military capacity, faithfully served the Union cause. Judge\\nSamuels served as Adjutant General during the Re-organized Gov-\\nernment, and when the New State was formed, was elected Judge of\\nhis native Circuit, which office he held with honor and satisfaction to\\nall parties, until he resigned in 1868\u00e2\u0080\u0094 after having organized and\\ngotten in harmonious operation his Court in the six Counties com-\\nprising his Circuit, and many of them had been the most intensely\\nrebel, in the State.\\nGeneral John H. Witcher, recently a Representative in Congress\\nfrom the Third District, and now United States Collector of Internal\\nRevenue for the same District, was among the refugees from Cabell\\nCounty to Ohio, where he obtained a lieutenant s Commission,\\nauthorizing him to organize a Company, which he soon did, mostly\\nof his fellow refugees. He served through the war with signal dis-\\ntinction for bravery and skill, had the honor to accompany General\\nGrant when he received the surrender of Lee s army, and returned\\nhome a General.\\nI mention these gentlemen as examples of the kind of stuff Union-\\nism in Cabell County was composed, when kindled and aroused\\nas it was on that occasion. All its soldiers and citizens as a general\\nthing proved equally brave and true. And what I have said of\\nUnionism in Cabell County, I believe may be justly said of it in the\\nother Counties comprising West Virginia, as the public records, both\\ncivil and military, show.\\nIt was soon after General McClellan s army had driven the\\nrebels from Western Virginia, and upon learning the shameful defeat\\nof the Union army at Bull Run filling all loyal hearts with mortifi-\\ncation and despondency I felt impelled to address the following\\nto the Cincinnati Commercial", "height": "4156", "width": "2572", "jp2-path": "formationofstate00park_0_0051.jp2"}, "52": {"fulltext": "38\\nLetter No. i. July 24, 1861.\\nSOME FACTS WHICH THE PROGRESS OF THE WAR\\nHAS DEVELOPED.\\nMessrs. Editors It is now clear that the rebel portion of the\\nAmerican people having long contemplated the present conflict, are\\nmuch better organized, drilled and prepared to put forth their full\\nstrength, than the loyal portion. For the last five or six years at\\nleast, the former have been practicing the Military art, with express\\nreference to the actual state of war which now exists, and selecting\\nofficers of all grades, as the development of their fitness warranted\\nand finally crowned their preparatory work by robbing the Govern-\\nment of many of its most cherished officers, and the best and greater\\npart of its arms and munitions of war whilst the loyal portion,\\nuntil the last three months wholly unconscious of the gathering\\nstorm\u00e2\u0080\u0094 were absorbed in their civil pursuits, and made no war prep-\\narations whatever.\\nThe war has also disclosed on the part of the enemy, a despera-\\ntion and hatred with an unscrupulous choice of instruments and\\nmeans, which have no parallel in modern warfare. Secret Poisons,\\nConcealed Mines, Masked Batteries, Ambuscades, Guerrilla War-\\nfare, Punic Faith, and Fiendish Atrocities, allying them with a\\nBarbarous and Savage age\u00e2\u0080\u0094 the Parthian and his poisoned arrows,\\nthe American savage with his stealthy strategy and malicious\\nslaughter His Slave population hitherto reckoned by us as an ele-\\nment of weakness in such an emergency, has so far proved one of\\nstrength rather.\\nThe Government has done wonders to maintain itself against this\\nunnatural and parricidal blow. In the short space of three months\\nit lias raised and equipped an army of about 300,000 true and loyal\\nmen, who at the call of their beloved country, volunteered to ex-\\nchange their various occupations, and comforts in civil life, for the\\nuntried and severe discipline of the camp. This change, so sudden\\nand radical to American citizens, accustomed as they have always\\nbeen to the enjoyment of large individuality and self-control, requires\\ngreat sacrifice, and merits a corresponding consideration and reward.\\nTo make such sacrifice upon the altar of their country, and God,\\nthough deeply inspiring to noble minds, is not enough. They should", "height": "4148", "width": "2552", "jp2-path": "formationofstate00park_0_0052.jp2"}, "53": {"fulltext": "39\\nreceive all the comforts and care the rules of war permit, in prompt\\npay, good food, clothing, medical attention, arms, and prudent and\\ncompetent officers to lead them, and their families the consideration\\nand fostering care of all. Nothing short of these will maintain, the\\nmorale of our Citizen Army, and render it invincible.\\nWith these, while it will cheerfully submit to the strict discipline\\nand inexorable rules and hardships of war, it cannot fail to exhibit\\non every battle field, a self-reliance and invincibility, which a large\\nindividuality and self-control while in civil life, always give to the;\\nCitizen Soldier.\\nUnlike the hireling automatons which constitute the rank and file\\nof Imperial armies, whose only aspiration is the approving smile of\\ntheir Sovereign and Superiors, our rank and file are themselves the\\nSovereigns; and although submitting temporarily to the rigorous ex-\\nactions of war, they sit in judgment daily upon the conduct of all 1\\nSuperiors, whether Civil or Military.\\nFinally, it is now manifest that all the stern realities of a mighty\\nwar are upon us, and the sooner we come to a full and perfect reali-\\nzation of the fact, and that the preservation of the best Govern-\\nment the sun ever shone on is the stake, the better. Superior\\nfitness for the place, Whether Civil or Military, can alone give claim\\nat this time. All factitious and accidental distinctions must give\\nplace to true merit\u00e2\u0080\u0094 to God s great men\u00e2\u0080\u0094 whether found in the\\ncabin, or 1 rhanor-house. This the occasion and people demand.\\nLetter No. 2. July 27, j86i.\\nSOME FACTS WHICH THE PROGRESS OF THE WAR\\nHAS DEVELOPED.\\nMessrs. Editors It would be unreasonable to expect that a\\ngreat army like ours, which has been constituted so suddenly out of\\ncivilians unacquainted with the Military art, should not disclose in its\\nfirst actual service many deficiencies. The great and essential fact\\nto be looked for at this early stage, is courage and endurance in the\\nrank and file. If these qualities are wanting in the common soldier,\\nwe might despair of perfecting such an army as the great exigency\\nrequires.", "height": "4160", "width": "2588", "jp2-path": "formationofstate00park_0_0053.jp2"}, "54": {"fulltext": "40\\nThe war so far has demonstrated that our rank and file possess\\nthese qualities in a very extraordinary degree so great indeed,\\nthat when fired with the righteousness of our cause, and indignation\\ntowards ungrateful parricides, they can scarcely be controlled. In\\nevery battle they have shown themselves vastly superior to the\\nenemy in all the essential qualities of good soldiers. And hitherto\\nthe enemy has studiously avoided all equal and open combat, but\\nhas sought to overcome by such cruelties and strategy as the rules of\\ncivilized warfare condemn. Our hardy soldiers have rushed upon and\\nsilenced their nests of masked batteries, concealed like coiled rattle-\\nsnakes among the woods and bushes, with a determined energy and\\ncourage hitherto unexampled. These certainly have proved them-\\nselves equal to the task of vindicating the government against all\\nassailants.\\nBut the mighty energies of the rank and file must have military\\nscience, skill and genius to guide and direct. Of these we already\\nhave, or can soon find, an abundance among such a vast army of\\nbrave and hardy soldiers. There are plenty of good Generals and\\nSubordinate Officers. To Lieutenant General Scott the people look\\nas their great Captain with the patriotism and skill to plan and direct,\\nwhile junior officers should faithfully and vigorously execute. The;\\npeople look to him as their Lieutenant General in this matter, and not\\nto President or Congress and to the people he will be held respon-\\nsible. They will never consent that their Lieutenant General shall\\nagain defer his own judgment in this matter, to any other power\\nwhatever, upon pain of dismissal. All tried Military Skill and genius\\nare now imperatively demanded for counsel, or action, or both. The\\nveterans Wool, Anderson, c. are on every lip. They are needed\\nto aid the Lieutenant General in selecting and qualifying competent\\nOfficers. There is plenty of material existing among the present rank\\nand file, and citizens. We want only the master spirits to detect, and\\nbring it out. The tried genius and skill of foreigners, whose fidelity\\nto our cause is beyond question, can be employed at this juncture\\nwith great advantages.\\nThe circumstances under which our present army has been enlisted\\nand organized, were not such as to secure the fittest men for Officers.\\nIt was thought by many that the war would be short, and only a\\npleasant pastime.\\nHence many, and we have legions, desirous only of a little notorie-\\nty, and whose only claims consisted of a little money, political infiu-", "height": "4160", "width": "2620", "jp2-path": "formationofstate00park_0_0054.jp2"}, "55": {"fulltext": "41\\nence, or relationship to such as might have them, became the officers\\nto the great detriment of the army and country. But as the aspect\\nof things have so much changed, and the stern realities of a great\\nand bloody war are before them, and the searching ordeal recently\\nestablished at Washington, these fancy officers will soon disappear,\\ngiving place to men that are made of sterner stuff/ For no incom-\\npetent man, unless a very fool, will wish to obtain a place in these\\ntimes, when his unfitness will be made manifest to every soldier\\ntinder hirn^ and a great and earnest people struggling to uphold their\\ndeafest earthly object-=-whose censure and rebuke no man can\\nwithstand;\\nThe face of public affairs, both political and military* has become\\ntoo rough and tempestuous for any other than crafts of sound bottoms,\\ndeep draught, and steady keels, to venture out all others are earn-\\nestly requested to keep near the shore until the storm subsides* when\\nthey cart again enjoy their pastime.\\nThis,- the class last minted,- have been enjoying since the war closed\\nwith a vengeance,- to the great depletion of the public Treasury,\\nand disgrace of the Nation.\\nVf to* this tim e I ha c^ a very limited acquaintance with the People\\nof the other sections of Western Virginia, having lived but about three\\nyears in that part of the State, and been absorbed in strictly private\\nmatters, coYrfined to Cabell and adjoining Counties. I scarcely had a\\npersonal acquaintance in either of the four Counties that comprise the\\nPan Handle r a territory whose geographical and commercial relations\\nclosely alty it to Pennsylvania\u00e2\u0080\u0094 and still there were many violent\\nSecessionists and Rebel Sympathizers, especially in the city of Wheel-\\ning and principal towns. What these could have expected if the pre-\\ntended Confederacy had been established, with themselves as part of\\nit, I never could conceive almost surrounded, as they were, bj the\\nF", "height": "4156", "width": "2588", "jp2-path": "formationofstate00park_0_0055.jp2"}, "56": {"fulltext": "42\\ngreat Free States of Pennsylvania and Ohio. The same was true in\\na degree at least, with all Secessionists who owned land or Slaves\\nalong the Ohio River, as their Slaves must vanish, and their bottom-\\nfarms become battle-fields, a line of blood facts not likely to appreci-\\nate their pecuniary value.\\nThe Union men of these Pan Handle Counties, who were largely\\nin the majority, early saw the predicament they would be placed in, if\\nthe Rebellion succeeded, and became aroused. What to do was the\\nquestion a most solemn and embarrassing one at that time not as\\nto where they were to look for aid, but the manner y or mode of pro-\\ncedure. I am informed the first consultation was had at the Court\\nHouse in Wellsburg, Brooke County, where a large number of the\\ncitizens of Brooke and Hancock Counties assembled to hear the\\nReport of their Delegate to the Richmond Convention, Campbell\\nTarr, Esq., who had barely escaped with his life from the city of\\nRichmond. The Hon. John S. Carlisle, a Delegate from Harrison\\nCounty, who had a similar escape, accompanied Mr. Tarr to Wells-\\nburg, and related,, in. his usually impressive manner,, his experience\\nand views, corroborating the earnest and Mthful Repo r t of Mr.\\nTarr both urging immediate preparation^ to iresist. The result\\nwas, that a Committee was appointed, consisting of Messrs. Campbell\\nTarr, the late Adam Kjjbn,, Joseph Applegate, and David Flem-\\ning, who were at the time among Brooke County s staunchest men,\\nto proceed to Washington and procure arms and ammunition. This\\nCommittee N at once proceeded to* Washington, calling on Governor\\nCurtin at Harrisburg on their way r who expressed deep sympathy,\\nand promised aid, if necessary. On, arriving at Washington, they\\ncalled on the late Hon. E, M. Stanton, then, or soon after, United\\nStates Attorney General, who was a native of the neighboring town\\nof Steubenville, and the warm personal friend of members of the\\nCommittee. He at once introduced them to Mr. Cameron, the\\nSecretary of War, and requested that arms and ammunition be\\nfurnished. Upon Mr. Cameron s hesitating as to his legal right, Mr.\\nStanton replied with the emphasis of his great war nature so con-\\nspicuous afterwards the law of 7iecessiiy gives the right, let them\\nhave the arms and ammunition; we will look for the book law after-\\nwards, and tendered his own name as security for their proper use\\n2,000 minnie rifles with suitable ammunition were furnished, and the:\\nCommittee returned with joyful, encouraged hearts, which they com-\\nmunicated to the Unionists at home, and at once prepared themselves", "height": "4148", "width": "2612", "jp2-path": "formationofstate00park_0_0056.jp2"}, "57": {"fulltext": "43\\nto resist at all hazards. Soon after, it was reported that Rebel Cav-\\nalry were on their way for the purpose of seizing these arms and\\nammunition, and robbing the Bank at that place, and the town of\\nWellsburg assumed the aspect of a military camp, bristling with\\nbayonets in the hands of aroused and determined Unionists.\\nThe Rebel Cavalry however did not make their appearance. They\\nwould have met a warm reception if they had, for in the town and\\nvicinity there were at that time many wh\u00c2\u00a9 afterwards served with\\nsignal distinction and honor in the Union army among them Gen-\\neral L H. Duval. The arms and ammunition with the exception of\\neighty rifles and proper accompaniments,, were sent to Wheeling after-\\nwards, for distribution.\\nThe 14th of May following, there was a spontaneous gathering of\\nthousands at Wheeling, from the Western and other parts of the\\nState, who disapproved the action of the Convention at Richmond,\\nand disposed to resist. They regularly organized at Washington\\nHall, choosing a Chairman and Secretary. 1 never saw a record of\\ntheir proceedings, if any was preserved. I can only speak there-\\nfore, from what I recollect of seeing in the papers at the time, and\\nstatements of individuals who were present The proper mode to\\n\u00e2\u0082\u00ac-rgamze resistance was the great question. The situation was anom-\\nalous under our system of Government at least, and without preced-\\nent, any further, than the Dorr Rebellion case in Rhode Island\\nafforded. In ikat case the Federal authorities at Washington\\nassumed to decide which of two opposing Governments in the same\\nState was legitimate and entitled to Federal protection and the\\nSupreme Court of the United States affirmed their right. The way\\nto produce such a -State Government as the Federal authorities would\\nrecognize and protect, was the question. On this question J am\\ninformed there was^reat diversity of opinion. I am informed by\\nCol. J. D. Nicholls that in a private consultation by the citizens of\\nBrooke County, who attended the meeting, viz: the late Adam\\nKuhn, Joseph Gist, Campbell Tarr, Na thaniel Wells, himself\\nand Daniel Polsley, late of Brooke, but then and now ot Mason\\nCounty he made the following suggestion: That since Letcher\\nand other State officers adhering to the pretended Secession Ordi-\\nnance, had forfeited their powers, and the existing Constitution made\\nno provision for such a case, the only way was to ask the People, the\\nonly source of power, to send delegates to a Convention with power\\nto supply their places with loyal men. That the suggestion was", "height": "4160", "width": "2596", "jp2-path": "formationofstate00park_0_0057.jp2"}, "58": {"fulltext": "44\\napproved by the others present, and Mr. Polsley put it in shape and\\npresented it to the meeting, and it was adopted with great unarrtmity\\nand in pursuance thereof, delegates were sent to the Convention that\\nmet in Wheeling the nth of June, 1861.\\nThis meeting appointed a General State Committee, with power to\\nappoint sub-committees in ail the Counties where practicable, and\\nissued an able and stirring address, stating the facts and purpose, and\\nurging the loyal people to send delegates to a Convention to be held\\nat Wheeling, the 11th of June, 1861. Copies of this address with\\ntwo boxes of the minnie rifles with ammunition, were afterwards sent\\nto rnyself and Judge Samuels. We prevailed on Albert Laidley,\\nEsq., the delegate elect to the Legislature of Virginia, for Cabell\\nCounty, and as such entitled to a seat in the Wheeling Convention,\\nto attend the same, and furnished him $50 -myself advancing $25.\\nHe went, but declined to take the oath required, and returned under\\npretense of obtaining further instruction, and finally, after refunding\\nthe money he had not expended, left for Wise s camp at Charleston,\\nand thence to the Richmond Legislature. It was reported, that\\nwhile at Wheeling, he receive^ a letter from relatives in Charleston,\\nadvising to this course. The proceedings of this Convention have\\nbecome matter of history, and need not be repeated here. Its work,\\nwith the work of the Mass Meeting at Wheeling, strikingly illustrates\\nthe capacity of the American people in great emergencies and\\nforms a bright and instructive page in our J^atiqn s history, at that\\neventful period.\\nThere were ablegates there, representing the Union people throughout\\nthe State, where not prevented by the rebel forces. The following\\nare their names Arthur I. Boreman, J. H. Shuttlesworth, Nathan\\nH. Taft, Joseph Gist, W. I. Boreman, Chapman J. Stewart, Daniel\\nL). Johnson, James A. Foley, George McC. Porter, J. H. Atkinson,\\nW. L. Crawfoad, John Carlisle, Solomon S. Fleming, Lot Bowen,\\nB. F. Shuttlesworth, Daniel Frost, J. F. Scott, A. Flesher, P. M. Hale,\\nJ. A. J. Lightburn, Richard Fast, F f Smith, Francis H. Peirpoint,\\nJohn S. liarnes, A. F. Ritchie, James O. Watson, Remembrance\\nSwan, E. H. Caldwell, Thornas Morris, Lewis Wetzel, Charles B,\\nWaggoner, D. Polsley, Leroy Krarner, Joseph Snider, R. L. Berk-\\nshire, William Price, James Evans, D. B. Dorsey, Thomas H. Logan,\\nAndrew Wilson, Daniel Lamb, J. W. Paxton, George Harrison, C.\\nD. Hubbard, James W. Williamson, C. W. Smith, William H.\\nPouglas, Charles Hooten, W B. Zinn, W. B. Cra^ie, John Howard,", "height": "4152", "width": "2596", "jp2-path": "formationofstate00park_0_0058.jp2"}, "59": {"fulltext": "H. Hagans, John J. Brown, S. Parsons, Samuel Crane, T. A. Rob-\\nerts, L. E. Davidson, John S. Burdett, Samuel B. Todd, D. D. T.\\nFarnsworth, William W. Brumfield, William H. Copley, James G.\\nWest, Sr., Reuben Martin, James P. Ferrell, Henry Newman, E. T.\\nGraham, J. W. Moss, P. G. Van Winkle, H. S. Martin, James Titus\\nClose, John Hawxhurst, Evan E, Mason, James Carskadon, O. D.\\nDowney, George W. Broski, J. H. Trout, James J. Barrack, H. W.\\nCrothers, John D. Nicholls, Campbell Tarr, John Love, Henry H.\\nWithers, Henry C. Moore, Lewis Ruffner, Greenbury Slack, Dudley\\nS. Montague, John Hall, William Radcliffe, David M. Myers, James\\nBurley, Thomas Cather, Andrew Jackson, George Koonce, Black-\\nwood Jackson, James A. Smith, Charles S. Lewis, and Ephraim\\nB. Hall.\\nThe Convention organized by choosing the Hon. Arthur I.\\nBoreman, a delegate from Wood County, President, and G. L.\\nCranmer, Esq., of Ohio County, Secretary. All took an oath to\\nsupport the Federal Constitution and the laws made in pursuance\\nthereof, anything in the Constitution and laws of any State to the\\ncontrary notwithstanding.\\nAmong its first acts was to make with entire unanimity the Decla-\\nration of Rights printed in the West Virginia Code of 1869. From\\nthe first clause of which where is stated what was considered to be the\\nlegal and Constitutional ground for its proceedings, it would seem,\\nthe true legal principle was not apprehended. For they make the\\nwrong and usurpation of the Richmond proceedings to consist in\\nthe fact, that the Legislature called the Richmond Convention with-\\nout first taking the sense of the people, when neither the then exist-\\ning Constitution of 185-1, nor the practice theretofore in Virginia re-\\nquired a previous submission of the question to the people. They\\nhad only voted on the ratification or rejection of the final work of\\nprior similar Conventions, convened by the Legislature. The Rich-\\nmond proceedings had been in conformity with the Constitution and\\npractice, in form at least and Letcher, still ostensibly the rightful\\nGovernor, had in legal form proclaimed that the Richmond pro-\\nceedings had been ratified by a majority of the people of Virginia.\\nThis was probably true at the date of the Declaration, however it\\nmight have been at an earlier stage. So far then, there was no error\\nin their form of procedure. It was the palpable conflict of their\\nwork with our system of National polity, including National and\\nState Governments, that rendered its acts treasonable and void, and", "height": "4156", "width": "2588", "jp2-path": "formationofstate00park_0_0059.jp2"}, "60": {"fulltext": "46\\nthe actors and all their adherents and supporters, abdicated and de-\\ncitizenized traitors leaving the right to re-organize and officer the\\nexisting State Government anew, solely in the hands of the loyal\\npeople of Virginia though a minority. The wrongs and usurpa-\\ntions subsequently charged in the Declaration, with the effects\\nascribed, would necessarily follow such a conflict of the work of the\\nRichmond Convention with the National polity. The subsequent\\nproceedings of the Wheeling Convention were substantially in har-\\nmony with this theory; still its grave error in., this respect, in stating\\nthe legal and Constitutional principle on which its proceedings rest-\\ned, gave rise, I think, to much misunderstanding and hesitancy as to\\nthe legitimacy of the Re-organization of the old, and formation of\\nthe New State, on the part of some of the Federal authorities, and\\nthe Press, afterwards.\\nThis Convention re-organized the Government by declaring all\\noffices held by adherents to the Richmond proceedings, vacant, and\\nfilled them with loyal citizens convened at Wheeling a Legislature\\ncomposed of like citizens, elected the May before, and ordering new\\nelections where vacancies occurred after modifying in one or two\\nparticulars, the then existing Constitution to meet the emergency\\nprescribed an oath to support the Federal Constitution and the Re-\\norganized Government of Virginia, notwithstanding the proceedings\\nat Richmond, which oath all its members took, and all other officers\\nwere required to take and on the 25th of June adjourned to the\\n6th of August, 1861, subject to be re-convened meantime by the\\nGovernor and Council, if deemed necessary. Hons. Francis H.\\nPeirpoint was created Governor Daniel Polsley, Lieutenant Gov-\\nernor James S. Wheat, Attorney General Peter G. Van Winkle,\\nDaniel Lamb, James W. Paxton, W. A. Harrison and William\\nLazear composed the Governor s Council. The other Executive\\nOfficers were subsequently filled by L. A. Hagans, Secretary of\\nState Campbell Tarr, Treasurer Samuel Crane, Auditor of\\nPublic Accounts, and H. J. Samuels, Adjutant General.\\nIn the meantime the Re-organized Legislature had elected two\\nUnited States Senators, the Hon. John S. Carlisle, hitherto one of\\nthe most zealous and efficient Unionists, and the Hon. Waitman T.\\nWilley, who hitherto had been inactive, and his Unionism doubtful\\nas he was reported to have made a disloyal speech on his way home\\nfrom the Richmond Convention, of which he was a member exhort-\\ning the people to repel any invasion of Virginia s soil by the Yankees.", "height": "4148", "width": "2552", "jp2-path": "formationofstate00park_0_0060.jp2"}, "61": {"fulltext": "47\\nThe United States Senate admitted these members, and other de-\\npartments at Washington recognized the legitimacy of the Re-or-\\nganized Government by acts equally unequivocal, as will appear in\\nthe sequel.\\nThe Convention re-convened the 6th of August, and continued\\nin session until the 25th of the same month, when it adjourned, sub-\\nject to be re-convened by its President or the Governor, at any time\\nprior to January 1, 1862. In all matters touching the Re-organiza-\\ntion of the old State, there had been great unanimity but when the\\nmembers returned from their respective constituencies the 6th of\\nAugust, they were cognizant at least, of the firm determination of\\ntheir respective constituents to have a new State a subject that had\\nbeen introduced by Mr. Farnsworth from Upshur County, prior to*\\nthe adjournment. This advance and determination on the past of\\ntheir constituents troubled many of the delegates seriously, as it did\\nthose of a subsequent Convention, that framed the Constitution,\\nPolitical aspirations, so common to Virginians, had become awaken-\\ned, and many had enjoyed the sweets of the humbler offices undes\\nthe mother State. It was then confidently expected that the Uniom\\nforces would soon crush out the Rebellion in Virginia,, and the Re-\\norganized Government would be acquiesed in and accepted by their\\nrecent persecutors, throughout the State, with themselves at the head.\\nIncomparably grander this would be than, to stand at the head of a.\\ncomparatively small State on the Western border of the gloiious-\\nOld Dominion. Besides, it was calculated to wound Virginia State\\npride, and some shuddered at the thought of disturbing her territo-\\nrial integrity. Visions and feelings like these had began to possess*\\nthe minds of the delegates when they returned. Moreover, the\\nmove to form a new State at that juncture of our National convul-\\nsion and peril, and when the Re-organized Government had been\\nbarely recognized, would naturally look premature and unwise.\\nNotwithstanding there was great diversity of opinion, the Conven-\\ntion passed an Ordinance by a vote of fifty to twenty-three, author-\\nizing the erection of a new State, to include thirty-nine specified con-\\ntiguous Counties, lying this side the Alleghanies, and other Counties\\ncontiguous on certain prescribed conditions, provided the people\\nthereof should at an election to be held on the October following,\\nexpress their wish to have a new State. The Ordinance also pro-\\nvided for an election of delegates at the same time, to meet at\\nWl.ee.rmg; the 26th of November following, and form a Constitution", "height": "4148", "width": "2604", "jp2-path": "formationofstate00park_0_0061.jp2"}, "62": {"fulltext": "1\\n48\\nin case, the vote should be for a new State. The following are the\\nyeas and nays on this question\\nYeas Messrs. Berkshire, Brown, Burdett, Brumfield, Cather^\\nCrawford, Carlisle, Crane of Preston, Crane of Randolph, Caldwell*\\nCopley, Davidson, Douglas, Downey, Davis, Evans, Ferrell, Farns-\\nworth, Foley, Fast, Fleming, Hale, Hagans, Howard, Jackson,- Kra-\\nmer, Lamb, Lewis, Love, Martin ot Welzel, Myers, Price, Paxton,\\nParsons, Ruffner, Smith of Marion, Slack, Smith of Pleasants, Scott,\\nSmith of Upshur, Swan, Taft, Vance, Van Winkle, West, Withers,-\\nWilliamson, Wilson, Zinn. 50.\\nNays Messrs. Boreman (President), Atkinson, Borerftany Barnes,-\\nBowyer, Burley, Broski,- Crotbers, Close,, Carskadon,- Gist, Graham,\\nHarrison, Hubbard, Hall of Marion, Hawxhurst,- Johnson, Koonce,-\\nMason, Montague, Nicholk, Polsley, Ritchie, Stewart,. Tarr, Trout,\\nWetzel, Watson. 28.\\nHon. John S. Carlisle, though he- ha*d becomte Unitetf States\\nSenator, occupied his seat in the Convention during the adjourned\\nSession, and zealously advocated, and voted for the New Sfate\\nwhile his colleague, Mr. Willey, 1 am informed, denounced the\\nmeasure as one of tripple treasons-treason to the United States\\nGovernment, Letcher s Government,- and the Re-organized Govern-\\nment of Virginia.\\nAbout the time the Convention adjourned, viz the 26th of August,-\\nthe Hon. A. F. Ritchie, a member from Marion County, who had\\nvoted in the negative, published the following opinion of United\\nStates Attorney Gen. Bates, which was widely copied and favorably\\ncommented g*i by the press\\nOIPNION OF ATTORNEY GENERAL BATES.\\nAttorney General s Office, August 12, r86r.\\nHon. A. F. Ritchie, Virginia Convention, Wheeling\\nSir. Your letter of the 9th instant was received within the hour\\nand as you ask an immediate answer, you of course, will not ex-\\npect me to go elaborately into the subject.\\nI have thought a great deal upon the question of dividing the", "height": "4156", "width": "2612", "jp2-path": "formationofstate00park_0_0062.jp2"}, "63": {"fulltext": "49\\nState of Virginia into two States and since I came here, as a mem-\\nber of the Government, I have conversed with a good many and\\ncorresponded with some of the good men of Western Virginia in\\nregard to that matter. In all this intercourse, my constant and\\nearnest effort has been to impress upon the minds of those gentle-\\nmen the vast importance not to say necessity in this terrible crisis\\nof our national affairs, to abstain from the introduction of any new\\nelements of revolution, to avoid, as far as possible, all new and orig-\\ninal theories of government but, on the contrary, in all the insur-\\ngent commonwealths to adhere, as closely as circumstances will\\nallow, to the bid constitutional standard of principle, and to the tra-\\nditional habits and thoughts of the people. And I still think that\\ncourse is dictated by the plainest teachings of prudence.\\nThe formation of a new State out of Western Virginia is an orig-\\ninal, independent act of revolution. I do not deny the power of\\nrevolution (I do not call it right, for it is never prescribed, it exists in\\nforce only, and has and can have no law but the will of the revolu-\\ntionists. Any attempt to carry it out involves a plain breach of both\\nthe Constitutions of Virginia and of the Nation. And hence it is\\nplain that you cannot take such a course without weakening, if not\\ndestroying your claims upon the sympathy and support of the Gen-\\neral Government, and without disconcerting the plan already adopted\\nby both Virginia arid the General Government for the re-organization\\nof the revolted States and the restoration of the integrity of the\\nUnion.\\nThat plan I understand to be this When a State, by its perverted\\nfunctionaries, has declared itself out of the Union, we avail ourselves\\nof all the sound and loyal elements of the States all who own alleg-\\niance to and claim protection of the Constitution to form a State\\nGovernment as nearly as may be up\u00c2\u00aen the former model, and claim-\\ning to be the very State which has been in part overthrown by the\\nsuccessful rebellion. In this way we establish a Constitutional nu-\\ncleus, around which all the shattered elements of the Commonwealth\\nmay meet and combine, and thus restore the old State in its original\\nintegrity.\\nThis I verily thought was the plan adopted at Wheeling, and rec-\\nognized and acted upon by the General Government here. Your\\nConvention annulled the revolutionary proceedings at Richmond,\\nboth in the Convention and the General Assembly, and your new\\nGovernor formally demanded of the President the fulfillment of the\\nG", "height": "4160", "width": "2588", "jp2-path": "formationofstate00park_0_0063.jp2"}, "64": {"fulltext": "50\\nConstitutional guaranty in favor of Virginia Virginia as known to\\nour fathers. The President admitted the obligation, and promised\\nhis best efforts to fulfill it. And the Senate admits your Senators,\\nnot as representing a new and nameless State, now for the first time\\nheard of in our history, but as representing the good old Common-\\nwealth.\\nMust all this be undone, and a new and hazardous experiment be\\nventured upon, at the moment when dangers and difficulties are\\nthickening around us I hope not\u00e2\u0080\u0094 for the sake of the Nation and\\nthe State I hope not. I had repiced in the movement in Western\\nVirginia, as a legal, Constitutional and safe refuge from revolution\\nand anarchy as- at once an example and fit instrument for the res-\\ntoration of all the revolted- States.\\nI have not time now to discuss the subject in it s various bearings.\\nWhat I have written is written- with a running pen,- and will need\\nyour charitable criticism.\\nIf I had time: to* think, I could give- persuasive reasons for declin-\\ning the attempt to* create a new State at this perilous time. At\\nanother time I might be willing to go fully into- the question, but now\\nI can say no more.\\nMost respectfully, your obedient servant.\\nEdward Bates.\\nMy reply through the Wheeling Intelligencer and New York\\nEvening Post, to the letter of Attorney General B^tes and Tripple\\nTreason.\\n[letter no. i. J\\nTHE NEW STATE OF *KANAWHA, AND ATTORNEY\\nGENERAL BATES LETTER TO MR. RITCHIE.\\nGentlemen We have carefully read your remarks, as also the\\nletter of the Attorney General to Mr. Ritchie, the 12th instant,\\ntouching the subject of the new State, and must say, that we differ\\nwith you, both as to the Constitutionality of the proposed measure,\\nas well as its expediency at this time. We affirm that the measure-\\n*Afterwarcls-- changed to West Virginia.", "height": "4156", "width": "2620", "jp2-path": "formationofstate00park_0_0064.jp2"}, "65": {"fulltext": "51\\nconforms in letter and spirit to both Federal and State Constitutions.\\nThe Attorney General admits in his letter, he had scarcely any time\\nto investigate the subject, and that his views were only first im-\\npressions.\\nThe fourteenth section of the Bill of Rights adopted by the People\\nof Virginia, the 12th of June, 1776, is as follows: That the people\\nhave a right to uniform Government and therefore that no Govern-\\nment separate from, or independent of the Government of Virginia,\\nought to be erected or established within the limits thereof.\\nThis clause is all there is in the Bill of Rights, or Constitution of\\nVirginia, directly bearing upou the subject and taken in its broad\\nand literal sense would seem to prohibit the erection of any new\\nState within its then existing boundaries, which at that time included\\nall the North-western Territory, out of which the North-western\\nStates have since been erected, and Kentucky, which was erected\\ninto a State about 1792. Besides, by the adoption of the Federal Con-\\nstitution by the People of Virginia, in Convention the 26th of June,\\n1788,, they thereby erected the Federal Government to the extent of\\nthe powers granted, within and over its then existing territory. The\\nPeople of Virginia by their ratification of the Federal Constitution,\\nadopted with the rest of that instrument, the third Section of the\\nseventh Article, which reads thus New States may be admitted\\nby the Congress into this Union but no new State shall be formed\\nor erected within the jurisdiction of any other State, nor any other\\nState be formed by the junction of two or more States, or parts of\\nStates, without the consent of the Legislatures of the States con-\\ncerned, as well as of the Congress. Section second, Article sixth,\\nof the Federal Constitution reads thus This Constitution and the\\nlaws of the United States, which shall be made in pursuance thereof,\\nTreaties, :c, shall be the Supreme Law of the Land\\nHowever exclusive and indivisable therefore, the good people of\\nVirginia in 1776, intended to make their then existing Government\\nand Territory, their adoption of the Federal Constitution in 17 88, as\\nthe Supreme Law of the Land, and the erection of new States after-\\nward in pursuance thereof, clearly modified and restricted the original\\nclause in their Bill of Rights. Nor have they by any alteration of\\ntheir State Constitution since increased the pre-requisites for forming\\nor erecting a new State.\\nTo the Federal Constitution therefore, all loyal citizens must kok", "height": "4160", "width": "2588", "jp2-path": "formationofstate00park_0_0065.jp2"}, "66": {"fulltext": "52\\nfor the requisite steps to be taken to form a new State out of an oTcT\\none and this requires the consent of the State concerned, and of the\\nCongress.\\nThe only remaining question touching the legitimacy of the measure\\nthen, is this Is the Legislature of the re-organized Government at\\nWheeling the Constitutional Legislature of the State of Virginia If\\nso, then its consent satisfies the letter and spirit of the Federal Con-\\nstitution.\\nre-organization of the Government has proceeded on the\\nground that all previous officers, adhering to the so-called Confederate\\nStates, have violated their oaths both to the Federal and State Gov-,\\nernments, committed Treason against both, and forfeited their powers,\\nwhich they held only in trust for and which immediately reverted to\\nthe People, and their seats became vacant, agreeably to Sec. 2d, Vir-\\nginia Bill of Rights, namely, That all power is vested in, and conse-\\nquently derived from the People That Magistrates are their Trustees\\nand Servants, and at all times amenable to them. The disloyal por-\\ntion of their constituents being a participes erimmis and often equally\\nguilty, cannot take advantage of such forfeiture, as it would be\\ntaking advantage of their own wrong, which is inadmissable in the\\nforum of conscience, or law. The loyal portion alone can take ad-\\nvantage of the forfeiture and re-organize the Government and to\\nthese alone does the legitimate Government belong.\\nThe call for the Convention at Wheeling was addressed to all\\nloyal citizens throughout the State, and it must be accounted their\\nown fault or misfortune if they were not represented. The election\\nof State Officers was equally open and general, and it was the like\\nfault or misfortune if all loyal citizens were not represented in the\\nLegislature. If the qualified voters of any County or Senatorial\\nDistrict neglect or refuse to send delegates to the Legislature, there\\nis no power to compel them. A majority of those duly elected con-\\nstitute a quorum for doing business, and the Federal Constitution\\nrequires no increased majority to give the consent for erecting a new\\nState.\\nThe Legislature at Wheeling then was the Constitutional Legisla-\\nture of Virginia, and as such was fully competent to pass laws legally\\nbinding on the whole State. As competent to consent to the erec-\\ntion of a new State, within the meaning of the Federal Constitution,\\nas to elect Senators to the United States Senate, or to accept the\\nState s quota of the surplus Revenue, and other acts which the Fed-", "height": "4152", "width": "2612", "jp2-path": "formationofstate00park_0_0066.jp2"}, "67": {"fulltext": "eral Government has recognized and acted upon, in the most solemn\\nand unequivocal manner. And in fact, the Federal Government\\nwould be estopped in a Court of Law or Equity, to impeach the\\nLegislative action, which its highest law officer in the letter\\nbefore mentioned states, would be a violation of both State and Federal\\nConstitutions.\\nThe distinction taken by Mr. Pqlsley in his opposition to the\\nmeasure, that although the Qovernment at Wheeling was the Gov-\\nernment de jure, it could not be considered so, de facto throughout\\nthe State, as the Eastern portion was not represented. There can\\nbe no ground for this distinction. For if it is the Government de jure\\nas Mr. P. admits it to be, then it is all the Federal Constitution re-\\nquires to give the necessary consent. Anc| if not the Government\\nde facto, we should like to have Mr. Pqlsley fix the number of\\nCounties in the East or other portions of the State, short of the\\nwhole, he would require to be represented, in order to raise it to\\nthat dignity. If the reply be a majority of the loyal voters of Vir-\\nginia, we answer, that majority we already have.\\nAbove all, when we consider the deep gulf of Revolution and\\nRuin the rebels have plunged the State into, regardless of our warn-\\nings and entreaties, as well as Constitutions and Laws, both human\\nand divine, the great law of self-preservation would of itself justify\\nalmost any measure to rescue and save True Union, men.\\nAnd whoever would in these times, interpose exception to the\\nmanner the seats of rebel officers are declared vacant, or others of a\\nlike technical character, would indict and punish the loyal passengers\\nof a ship for culling; instead of untying, the lashings of the life\\nboat, whilst the officers and crew, having turned pirates, and in mad\\nrevelry, were steering the ship to the certain destruction of all on\\nboard.\\nWe shall speak of the expediency of the measure in our next.\\nCabell County, W. Va., August 29, 186 1.", "height": "4160", "width": "2572", "jp2-path": "formationofstate00park_0_0067.jp2"}, "68": {"fulltext": "54\\n[LETTER NO. 2.]\\nTHE NEW STATE QF KANAWHA\u00e2\u0080\u0094 THE EXPEDIENCY\\nOF ITS EJECTION AT THIS TIME.\\nGentlemen We endeavored to show in a former number that\\nthere existed no constitutional objection to the erection of the new\\nState now. We propose in this number to show the expediency and\\nimperative necessity of doing it at once, or as soon as practicable.\\nThe radical and irreconcilable difference, which has fgr a long\\ntime existed between the people East and West of the Alleghanies,\\nin their geographical position, Commercial necessities, social habits\\nand relations, as well as National affinities, is generally known and\\nadmitted. This dividing line in their moral and social condition has\\nbecome as fixed and permanent, as the Alleghanies themselves in the\\nphysical features of the State. And for a long time past upon issues,\\nMoral, Religious and Political\u00e2\u0080\u0094 -whilst the Ea.st has always gravitated\\ntowards the peculiar institution now represented by the so-called\\nSouthern Confederacy the West has as uniformly gravitated\\ntowards the Free States now represented by an unshaken adherence\\nto the Federal Union. All the recent votes upon the revolutionary\\nand rebellious measures, have only served to show with more clear-\\nness the depth and prominence of the antagonism, which exists be-\\ntween the two sections of the State.\\nThe recent campaign of General Wise, who was selected to subdue\\nand crush out tfye Union sentiment of Western Virginia, by the\\nprestige of his name and persuasive eloquence, rather than by arms,\\nhas been forced to return without any success showing thereby that\\nthe Union men have only bent, not broken by the shock giving\\nthereby fresh proof of their fidelity to the Union whilst the chagrin,\\nmortification, and sectional hate of this redoubtable General marked\\nhis retreat with indiscriminate plunder and devastation. The East,\\nwhich has always held the power, has manifested the strength of\\nopposition on her part, by perpetuating a system of unjust and op-\\npressive Legislation towards the West in unequal taxation, more\\nodious and more unjust, than that which separated the Colonies\\nfrom Great Britain. The East have with great unanimity exerted\\nevery nerve to throw the entire State into the vortex of Secession,\\nand to destroy the Government of Washington, and the glory and", "height": "4156", "width": "2624", "jp2-path": "formationofstate00park_0_0068.jp2"}, "69": {"fulltext": "55\\nprosperity of their Country; whilst the West have with equal\\nunanimity and vigor labored to preserve both in their integrity and\\nhealth. The present war, devastation, bankruptcy and ruin, which\\nnow spread over the entire East, belong exclusively to the madness\\nand folly of its own people, aided by a few deluded sympathizers in\\nthe West. The great mass of the people in the West are guiltless,\\nand have seasonably and at all times, warned and entreated their\\nbrethren of the East to desist. But it has been in vain.\\nWould not the policy that shall longer bind the destinies of the\\nyoung and loyal West to the self-immolated and disloyal East, equal\\nin barbarity and horror that which binds the living Hindoo widow to\\nthe corpse of her deceased husband But it is useless to\\nadduce further reasons to show that the West merits immediate and\\neternal separation from 1 the East. This fact must be manifest to all\\nand if separation is to be longer deferred, it must be for causes\\ndisconnected with the real merits and demerits of the two sections\\nand the only remaining inquiry is,* are there really any such- existing\\nWe think not.-\\nIt has been suggested that the Re-orgaWized Government forms a\\nnucleus around which all the scattered Union 1 fragments of the State\\ncan be gathered 1 and a reconstruction 1 effected and that the erec-\\ntion of a new State noiiv, would destroy this nucleus-, a? it would ab-\\nsorb the Re-organized Government entirely. We do* not understand\\nthat such would be the legal result. The erection of the new Gov-\\nernment would only absorb or displace- the present Re-organized\\nGovernment to the extent of the new Stated Beyond that it would\\nstill exist in all its vigor; and the- present Governor and other officers\\nhaving general jurisdiction- over the State,- would still continue to\\nhold their powers outside- of the boundaries of the new State. It\\nwould become necessary for them to* remove their residence beyond\\nthe new State, or to resign- their present seats and take the chance of\\nan election- under the new Constitution-. In either case, the Re-or-\\nganized- Government would still remain- at all points outside the\\nboundaries of the new State^ around which the scattered Union ele-\\nments of the old- State could at any time rally.\\nIt has also been- objected-, that the Federal Government by giving\\nits consent to the erection of the new State at this time, would thereby\\ngive its sanction to the monstrous Secession heresy, with which it is\\nnow battling. This is a mistake, arising from a supposed resem-\\nblance between the two cases, when in fact if we are right in our", "height": "4160", "width": "2588", "jp2-path": "formationofstate00park_0_0069.jp2"}, "70": {"fulltext": "56\\nConstitutional views of the matter, not the remotest resemblance\\nexists. For whilst the erection of a new State will conform in all re-\\nspects to the requirements of both State and Federal Constitutions,\\nSecession is in direct contravention of both. And to pretend that\\nthe separation and erection into a new State, of a people that have\\nalways remained loyal, as well to their State as Federal Government,\\nagainst all the traitorous and revolutionary assaults of the enemies\\nto both shall stand in no better plight than these very enemies\\nwould be monstrous indeed The one is law, order, and tried loy-\\nalty, cutting itself loose by Constitutional means from Revolution,\\nAnarchy and Treason whilst the other is an attempt by Unconstitu-\\ntional and Revolutionary means, td drag us with themselves into\\ncertain ruin.\\nIt has also been objected that the present Congress could not\\nconsent to the erection and admission of the new State, in case the\\npeople should elect to retain the Slave feature, without violating the\\nChicago Platform If we recollect rightly that Platform only forbids\\nthe extension of Slavery or Slave Territory. The proposed measure\\nwill extend ?ieither. And the present Slave interest within the limits-\\nof the proposed State\u00e2\u0080\u0094 being only about one slave to thirty-three\\nwhites, can exert little, if any, influence in the choice of the two\\nadditional United States Senators, who Would increase, instead of\\ndiminishing, the Free States power in the United States Senate. We\\ndo not see therefore as it would infringe the Chicago Platform. But\\nsuppose it should, what weight has that platform in times like the\\npresent Not much, we trust.\\nThere are true loyal men within the boundaries of the new State,\\nwho own Slaves and their property ought not to be sacrificed without\\nadequate compensation. And while we feel that the present times\\nrequire of the Government an exhibition of a mighty and terrible\\npower, that shall make traitors quake, they also require in a corres-\\nponding degree, the exhibition of a lofty sense of justice.\\nBut what shall we lose by postponing the measure until the whole\\nState shall be brought to acknowledge the Re-organized Govern-\\nment Why, as sooir as that is done, all the hostile Secession ele-\\nment of the East tendered more hostile by defeat will again meet\\nus in the General Assembly, ready to co-operate with the Traitors\\nthat live amongst us, and together form a controlling majority. The\\nFederal arm will then have been withdrawn. It will possess no Con-\\nstitutional power to interfere turther. Think a Legislature so con-", "height": "4152", "width": "2624", "jp2-path": "formationofstate00park_0_0070.jp2"}, "71": {"fulltext": "57\\nstituted would consent to let the cis- Alleghany people go? Would\\nthey not rather hold us as Pharaoh did the Israelites, in order to\\nharrass and oppress, as he did them They will tax us to replenish\\na treasury their own folly and madness have emptied to rebuild\\npublic structures their own traitorous hands have demolished; and to\\npay debts their parricidal war has created. They would require\\ninflictions equal to the plagues of Egypt before they would let us\\ngo and Western Virginia would be forever doomed.\\nBut oil the contrary, let the new State be created now let Con-\\ngress Whett it convenes admit her to the immortal Sisterhood, and\\nShe Will at once be able to take good care of such traitors as reside\\namong us, and spring forth into newness of life with joy and freedom\\nin her wings.\\nCabell County, W. Va., September 7, 1861.\\nAt the election Held on* trie Fourth Thursday of October following,\\nthe people of the several Counties riarrled in the Ordinance, accepted\\nthe proposition to efect theiiiselves into a new State, by a vote of\\n18,408 in favor, to 78 f against and at the saute time elected dele-\\ngates to form! a Constitution: The writer had the honor to be elect-\\ned a delegate fforh 1 Cabell Co iint^.\\nOf course this presumptuous move on the part of the poor\\nwhites the chivalry a few months before held under military rule,\\nreached therrt through the grape vine telegraph 1 in their Eldorado,\\nand incensed them, together with all Rebeldorrt, very much. Various\\nefforts were ntade td get back td their quotidanl homes, and put a\\nstop to such audacious Treason but in general they found too\\nmany loyal bayonets in the Way. They have not, I think, forgiven\\nthe poor whites to th is day, for so behaving, while they themselves\\nwere making so great sacrifice td regain the lost rights of all, in\\nthe land of Dixie:\\nOn the evening of the ioth of November, however, a regiment of\\nRebel Cavalry, under command of Cols. Clark.son and Jenkins,\\nmade a raid upon the town of Guyandotte, captured a small Union\\nforce stationed there under the command of Major Whaley, and re-\\ntreated next day at the approach of the Fifth Virginia Infantry,\\nthen stationed a t Ceredo, under the command of the brave Colonel\\nZkiclekV takin g with thcul to Richmond, not only the Union soldiers,\\nM 1", "height": "4160", "width": "2584", "jp2-path": "formationofstate00park_0_0071.jp2"}, "72": {"fulltext": "58\\nbut several citizens, whose only offence was their Union sentiments\u00e2\u0080\u0094\\namong these several aged and most respected citizens, some of\\nwhom perished in their imprisonment, rather than acknowledge\\nthemselves in error. William Hinchman, Esq., of Cabell, and\\nDaniel Witcher, of Wayne County, uncle of General John H.\\nWitcher, were illustrious examples. Colonel Zeigler, justly in-\\ncensed at this cruel and unmilitary conduct, invited and aided by\\nthe local rebel element, burned the town on the nth of November\\nsome thought, without sufficient cause. I never could think so,\\nalthough about one thousand dollars worth of my property was de-\\nstroyed, for which I have received no compensation. It taught the\\nRebel marauders, and their stay-at-home sympathizing and aiding\\nfriends a salutary lesson\u00e2\u0080\u0094 not disregarded anywhere along the\\nborder, afterwards.\\nThe Convention for framing a Constitution, met at Wheeling, the\\n26th of November, composed of the following gentlemen, who ap-\\npeared on that day, or subsequently, and took their seats\\nRobert Irvine, R. W. Lauck, Stephen M. Hansley, Benjamin L.\\nStephenson, Thomas W. Harrison, John M.- Powell, Dudley S. Mon-\\ntague, Richard L. Brooks, A. J. Wilson, G. F. Taylor, W. W. Bvum-\\nrield, Josiah Simmons, Joseph Hubbs, William W. Warder, H. D.\\nChapman, John Hall, James Hervey, Robert Hagar, W. T. Willey,\\nHenry Dering, P. G. Van Winkle, W. E. Stevenson, E. B. Hall, Hiram\\nHaymond, J. W. Paxton, Daniel Lamb, G. Battelle, Joseph S. Pome-\\nroy, Abraham D. Soper, James W. Parsons, Chapman J. Stewart,\\nGranville Parker, Emmet J. O Brien, Harmon Sinsel, John J. Brown,\\nJohn A. Dille, E. S. Mahon, Benjamin F. Stewart, T. R. Carskadon,\\nGeorge Sheets, E. H. Caldwell, T. H. Trainer, Abijah Dolly, Jas. H.\\nBrown, Lewis Ruffner, James Cassady, William Walker, Job Robin-\\nson, Benjamin H. Smith, John R. McCutchen, J. P. Hoback, Richard\\nM. Cooke, E. W. Ryan. r J\\nThe Hon. John Hall, delegate from Mason County, was chosen\\nPresident, and the late Ellery R. Hall, Esq., of Tfbylor, was chosen\\nSecretary. The main features of its work have now become History\\nstill the interior workings are but partially known. The task of\\nforming a Constitution that should secure the approval of the three\\nparties required our own People, the Legislature of the Re-organiz-\\ned Government of Virginia, and Congress, was great and difficult\\nindeed, at that period of National Convulsion especially, after the", "height": "4152", "width": "2620", "jp2-path": "formationofstate00park_0_0072.jp2"}, "73": {"fulltext": "United States Attorney General, the highest law officer in the Gov-\\nernment, had pronounced the measure revolutionary, and without\\nwarrant in either National or State Constitution. The task of the\\npreceding Convention, though requiring eminent courage and patriot-\\nism, was simple and easy compared with this. It soon appeared that\\na considerable portion of the members, especially those that had enjoy-\\ned office under the old regime, wished the task off their hands. It was\\ntheir heroic and determined constituences behind, that held them to\\nthe work. The brave and patriotic Van Winkle, early accused some\\nof hankering after the flesh pots of Egypt and his courage sub-\\nsequently failed.\\nA Special Committee was early appointed, for the purpose of de-\\ntermining suitable boundaries for the New State. This Committee\\nreported, and recommended a change of boundaries, so as to include\\nthe entire Shenandoah Valley to the top of the Blue Ridge, The\\npeople of that Valley were as intensely pro-slavery and rebellious, as\\nany section of the State and of course, if the Report had been\\nadopted, must have ended all hope of a New State. The report\\nwas warmly discussed for about a week. Among others, the writer\\nsubmitted the following remarks\\nTOUCHING THE LOWERS OF THE CON V ENTI ON\u00e2\u0080\u0094HAS\\nTHIS CONVENTION THE POWER TO CHANGE THE\\nBOUNDARIES\\nIt is a familiar principle of Law and Equity that when a thing is\\nto be divided, or existing sub-divisions changed, all parties interested\\nmust be represented.\\nIf three persons are the joint owners of a field, all must be repre-\\nsented and assent in order to make a valid division.\\nIf after the division is made and the bounds fixed, one should at\\ntempt to change these bounds, without the consent of the other two,\\nit would be an act which Human and Divine law condemn.\\nIf in making the Division, however, two of the joint owners should\\nundertake to impose on the portion allotted to the third, a particular\\nname, as White Acre, or Black Acre, or to prescribe the manner he", "height": "4152", "width": "2600", "jp2-path": "formationofstate00park_0_0073.jp2"}, "74": {"fulltext": "GO\\nshould cultivate his portion, these would be restrictions inconsistent\\nwith his sole ownership and absolute right to use, and therefore not\\nbinding. Such, in principle, I take to be the case now before the\\nConvention.\\nIn the State of Virginia, the subject to be divided, all the loyal\\nPeople of the State are the parties interested and these People eith-\\ner through a Convention or Legislature, which constitutionally repre-\\nsents them all, can alone make a division so far as the State is con-\\ncerned.\\nThe Convention that convened at Wheeling the nth of June last\\nconstitutionally represented the loyal People of the whale State. By\\nthe Treason of her officers, Letcher and Company abdicated, and\\ntheir powers became forfeited and returned to the People, the Source\\nof all power. As the disloyal portion were confederate with the\\nTraitor officers, participes criminis, and equally guilty, they could not\\ntake advantage of the forfeiture, as it would be taking advantage of\\ntheir own wrong.\\nThe loyal People of the State could alone take advantage of the\\nforfeiture, and re-organize the Government. The call for the Con-\\nvention was general to all loyal citizens throughout the State, and it\\nwas their fault or misfortune if all such were not represented. If a\\nCounty or Senatorial District refuse or neglect to send a Delegate or\\nSenator to the General Assembly, there is no power to compel them\\nto do it. Those elected and qualifying constitute a Constitutional\\nLegislature, whose Acts bind all.\\nSuch were the Convention and Legislature which met last Summer\\nat Wheeling, and the Legislature now in session.\\nNow such a Convention or Legislature with consent of Congress\\ncan make any division they choose and so far as the State is concern-\\ned are like the three men that jointly owned the field.\\nThat Convention did authorize a division including the thirty-nine\\nCounties absolutely, fixing the boundaries and by the third Section\\nof the Ordinance authorized other Counties to come in on certain\\nconditions, which conditions have not been complied with except by\\nthe Counties of Hardy and Hampshire, whose Delegates have been\\nadmitted to this Convention. The same Section also authorized the\\nthirty-nine Counties and such others as should comply with the con-\\nditions prescribed, to choose Delegates to meet in Convention and\\nform a Constitution for the Government of the proposed new State\\nwhich Convention representing the forty-one Counties, we are.", "height": "4156", "width": "2628", "jp2-path": "formationofstate00park_0_0074.jp2"}, "75": {"fulltext": "Now can this Convention of ours, which represents but a part of\\nthe loyal People, move or alter the boundaries which the whole loyal\\nPeople, the owners of the thing to be divided, have fixed It is in\\nprinciple, the third man altering the bounds which the three have\\nfixed, without the consent of the other two. The peculiar structure of\\nthe new State and its name, this Convention has full control over, for\\nthese belong exclusively to our constituents and in these the other\\nloyal People of the State have no interest whatever; but in the\\nboundaries they have a direct and most vital interest. Another Con-\\nvention representing the whole loyal People of the State, or the pres-\\nent Legislature, which also represents all, can change the boundaries.\\nThe gentleman from Wood inquired yesterday, if force had made it\\nimpossible for certain Counties to comply with the conditions, whether\\nthat fact would not waive the conditions, an4 authorize this Conven-\\ntion to admit the proposed additional Counties. I answer emphati-\\ncally, No. It would not enlarge the powers of the present Conven-\\ntion. The Convention of last Summer that imposed these conditions\\nand which represented the whole loyal People of Virginia, or some\\nother body, possessing equally extensive powers, can waive the con-\\nditions and admit them.\\nIt is competent and proper, I submit, for this Convention to agree\\non what we think our constituents ne^d, and recommend the same \\\\o\\nthe proper power. The present Legislature or a Convention of the\\nwhole loyal People of Virginia has that power. What this Convention\\ndoes, in this regard, can only be recommendatory.\\nSome gentlemen have suggested that as the whole work of re-organ-\\nizing the old, and forming the new State, is Revolutionary, this Con-\\nvention can do what it pleases, even to the moving of a neighbor s\\nlandmarks.\\nI deny the premises in toto. The re-organization of the old and\\nour proceedings thus far in forming the new State, are in all respects\\nConstitutional and Legitimate. When the old Government by the\\nTreason of its officers abdicated, its powers, being incapable of anni-\\nhilation, returned to the People, the source from which such powers\\nwere derived and it became the right and duty of the loyal portion\\nthereof to re-organize and re-officer, with loyal men, the Govern-\\nment. It is Letcher and Company s train, locomotive, tender, passen-\\nger cars and all, that lie piled in ruins down the bank not ours.\\nOurs is on the Constitutional track, with Steam up, with Engineers,", "height": "4160", "width": "2564", "jp2-path": "formationofstate00park_0_0075.jp2"}, "76": {"fulltext": "Firemen., Conductors, and Brakemen, all equal to the emergency and\\nat their posts^ and we must go through.\\nThe fronds succeeded in limiting the boundary to the summit of\\nthe AUeghanies, until they struck the influence of the Baltimore\\nOhio Railroad, which* for the purpose of getting its entire line out of\\nOld Virginia, created what is known as the Eastern Pan Handle.\\nI also had the honor to submit to the Convention some remarks on\\nother subjects, among them the following;\\nCAN TREASON BE COMMITTED AGAINST A STATE UN-\\nDER OUR SYSTEM OF GOVERNMENT\\nTo determine this question we should look to the origin of our\\nSystem, the Source of power, and distribution which the People have\\nmade of that power.\\nPrevious to the separation of the thirteen Colonies from Great\\nBritain by the establishment of their Independence, these Colonies\\nowed allegiance to the British Crown. By that Independence this\\nallegiance was dissolved, and the Sovereign Power became vested in\\nthe people of the several Colonies. Each of these Colonies formed\\nfor itself a State Government Virginia hers in 1776; and the other\\nColonies soon after. These thirteen Peoples became then thirteen\\nIndependent Governments. In 1777 and 1778, during the war, the\\nLegislatures of these thirteen Independent State Governments entered\\ninto a league or compact called Articles of Confederation. The\\npowers of this Confederation were vested in a Congress solely, com-\\nposed of Delegates elected by the Legislatures of the States. There\\nwas no Executive, nor Judicial Departments then. No President,\\nFederal Courts, nor Marshals then. The Congress could enact laws,\\nbut had no co-ordinate branches to interpret or carry its laws into\\nexecution. It could only recommend to the thirteen State Govern-\\nments to carry its laws into effect. The State Governments, as a\\ngeneral thing, did this, while pressed by the arms of Great Britain.\\nBut when this outside pressure was removed by the peace of 1783,\\nthey ceased to comply with the requests of this Congress. No money\\ncould be raised to pay the debt created by the war, or to pay current", "height": "4136", "width": "2572", "jp2-path": "formationofstate00park_0_0076.jp2"}, "77": {"fulltext": "63\\nexpenses. Its laws were set at defiance. Rivalries and disputes\\nsprung up between the several States, in relation to Commerce, im-\\nposts and the like, and the whole fruits of the great struggle were\\nthreatened with immediate ruin.\\nAmid these stern necessities it was, in 1787, the delegates, chosen*\\ngenerally, I think, by the Legislatures of tlie several States, with\\nGeneral Washington at their head-\u00e2\u0080\u0094 --met in Philadelphia, and drafted\\nour Federal Constitution. It begins We, the People of the United\\nStates, in order to form a more perfect Union, c.\\nArticle Six reads thus This Constitution and the laws of the\\nUni ted States which shall be made m pursuance thereof; and all treaties\\nmade, or that shall be made under the authority of the United States,\\nshall be the Supreme Law of the Land and the Judges in every\\nState shall be bound thereby,- anything in the Constitution or Laws\\nof any State to the contrary notwithstanding.\\nArticle Nine (Amendments) thus The enumeration in the Con-\\nstitution of certain rights shall not be construed to deny, or dispar-\\nage others retained by the people.\\nArticle Ten (Amendments) thus The powers not delegated to\\nthe United States by the Constitution, not prohibited by it to the\\nStates, are reserved to the States respectively, of to the people.\\nArticle Four, Section Three, provides That new States may be\\nadmitted by Congress into the Union, c.\\nSection Four The United States shall guarantee to every State\\nin this Union, a Republican form of Government,- and shall protect\\neach of them against invasion, and on application of the Legislature,\\nor of the Executive, (when the Legislature cannot be convened)\\nagainst domestic violence.\\nThis Constitution was submitted to the people,- (convened through\\ntheir delegates in each State) who ratified the same,- and thereby be-\\ncame consolidated into one people and Government,- to the extent of\\nthe powers granted in the Constitution, but no farther. The pow-\\ners reserved to the States respectively, or people, remained in the\\nrespective States,- and in the people, the same as before the adoption\\nof the United States Constitution. Before the adoption of the latter,\\neach State was Sovereign and Supreme, and the adoption of that\\ninstrument by the people, only abridged the State Sovereignty to the\\nextent of the Sovereignty so transferred to the Federal Govern-\\nment by the Federal Constitution.", "height": "4160", "width": "2588", "jp2-path": "formationofstate00park_0_0077.jp2"}, "78": {"fulltext": "Now that residuum of Sovereignty which remained in the States,\\nafter the people had resumed sufficient with which to construct the\\nFederal Government, is the Sovereign power to which the people\\nowe an allegiance, separate and distinct from their allegiance to\\nthe Federal Government and against this residuum of State 1 Sov-\\nereignty, Treason may be committed. The State is as Supreme\\noutside the bounds of the Federal powers as it ever was. As seen!\\nthrough the Federal Government, it is true, the peo ple of the thirty-four\\nStates, are but one people, making one great Nation, and the powers\\nconferred on the Federal Government were with this view. It has\\nthe exclusive management of our foreign relations, with the outside\\nworld, and with such internal interests as are general; arid require\\nuniformity as the Postal department, amd Commerce. Co-e xteusive\\nwith the Constitution in the exercise of its delegated powers, it is\\nSupreme and if the due exercise of these powers is obstructed\\nanywhere, in any State, it has the unquestionable right to m arch its\\narmies and remove the obstru6tion and this is no inva sion of the\\nrights of the States. It is an exercise of its Constitutional rights\\nonly. But if it transcends the powers granted, it becomes invasion\\nand aggression upon the rights reserved to the States and people.\\nTo the State attcf people are reserved all powers of a local nature,\\nto be exercised as the people and peculiar wants of each State may\\nrequire. Here, the rights of persons and of property are mainly\\ndefined, enforced, and protected, with the modes of acquiring and\\ndisposing of property. In these local matters the State is Sovereign\\nand Supreme. If a murder should be committed in the County of\\nOhio to-day, the Federal Government would have no jurisdiction in\\nthe case, no more than the Queen s Bench of England. The indict-\\nment would conclude against the peace and dignity of the State of\\nVirginia. If convicted and sentenced to be executed, and ten,\\ntwenty or a hundred men, citizens owing allegiance to the State of\\nVirginia should organize and arm themselves for the purpose of\\nrescuing the culprit, it would be levying war against the lawful au-\\nthority of the State, and treason against the same. Resistance to\\nlawful authority is rebellion. But it requires organized and armed\\nresistance to lawful authority, or an organizing and arming with intent\\nto such resistance, to constitute levying of war within the meaning\\nof the Constitution. Tis not necessary the armed conspirators\\nshould contemplate the destruction of the entire Government. For\\ntheir example if carried out, would soon destroy it by piece-meal.", "height": "4152", "width": "2620", "jp2-path": "formationofstate00park_0_0078.jp2"}, "79": {"fulltext": "65\\nIf upon application from the proper State authority the\\nFederal Government should interpose to assist the State\\nGovernment, and should meet with this organized and armed\\nresistance, it would then become treason against both Governments\\nas it would be an organized and armed resistance to the lawful au-\\nthority of both. Whether in such case that against the State would\\nbecome merged in that against the United States, is not material here.\\nWe are citizens of, and owing allegiance to two Governments, the\\nFederal arid State. Each equally original and springing from, and\\nresting upon, the people. Each is self-executing and supreme within\\nthe scope of powers granted. The constituency of the Federal Gov-\\nernment are the citizens of the thirty-four. States. The constituency\\nof the State Government are the citizens of the State. The Federal\\nConstitution is the Supreme Law of the Land and wherever there\\nis a conflict the State must yield to the Federal power. To deckle\\nthe questions of conflict that may arise is the province of the Supreme\\nCourt of the United States, which represents all the citizens of the\\nUnited States; arid this is the key-stone of the arch, without which\\nthe whole must sink into anarchy. It is a system that seems to have\\nbeen generated arid produced by the circumstances that surrounded\\nand influenced the great Founders, who were fit instruments in a\\nDivine hand.\\nI was surprised at the widely different opinions entertained by\\nmembers in relation to the structure of our National polity. The\\nappalling results at the time of extreme State Rights doctrine had\\nimpelled some of the ablest minds in the Convention to an opposite\\nextreme absorption of all State Sovereignty in the National.\\nHence, I think, my remarks were of use then, though they may ap-\\npear trite truisms now- Several of the ablest members strenuously\\ncontended that a State Government could possess no sovereign pow-\\ner, against which treason could be committed.\\nI", "height": "4160", "width": "2584", "jp2-path": "formationofstate00park_0_0079.jp2"}, "80": {"fulltext": "66\\nON THE SIZE OF THE HOUSE OF DELEGATES. AND\\nMODE OF APPORTIONING THEM AMONG THE SEV-\\nERAL COUNTIES AND DELEGATE DISTRICTS.\\nThe proposition I understand is, to substitute fifty^sk Delegates in\\nplace of forty-six, as reported by the Committee the 17th of Decem-\\nber. My purpose has been to adhere to forty-six, as the number\\ngiving in the aggregate the smallest amount of unrepresented frac-\\ntions and these most equally and equitably distributed.\\nMy vote on Saturday, in favor of the amendment to the substitute\\nproposed by the gentleman from Doddridge, to give the additional\\nnumber if any increase should be made, to the small, instead of the\\nlarge Counties, as being the most just. If the great principle we\\nhave adopted, with entire unanimity, was to be departed from, my\\nsympathy would give to the weak rather than to the strong not that\\nI for a moment intended to be understood as favoring any departure\\nat all. The conduct of gentlemen since, on both sides, had inspired\\na hope that log rolling was to be abandoned, and principle ad-\\nhered to hence,- yesterday, upon a motion for reconsideration, I\\nvoted to reject that amendment, which now brings us to the main\\nquestion, the substitute proposed.\\nNow, what will be the result if eight delegates be added, and dis-\\ntributed according to our adopted principle and method Will the\\nproposed increase secure a more desirable and efficient legislative\\nbody Will it diminish the aggregate of unrepresented fractions\\nWill it more equally and equitably compensate for the unrepresented\\nfractions? If all, or either of these results are to be attained, then\\nadherence to principle will warrant it. But if neither is to be attain-\\ned by the change, then an adherence to principle as clearly\\nforbids it.\\nAll agree that forty-six will make a House sufficiently large, and\\nthat fifty-four, with a corresponding representation from the seven\\nCounties that may elect to become part of the new State, will make\\nthe House too large. There is to be no improvement, then, in the\\nsize of the House to warrant the change.\\nWill it diminish the aggregate of unrepresented fractions Fifty-\\nfour gives a ratio or divisor of 5,637, instead of 6,618, and produces\\nthirty-eight, instead of twenty-five delegates, as by the Report and", "height": "4160", "width": "2608", "jp2-path": "formationofstate00park_0_0080.jp2"}, "81": {"fulltext": "67\\nan aggregate of fractions of 90,226, while the Report gives 138,083.\\nBut the material question is, which divisor or ratio and distribution\\naccording to the principle which we have adopted, will leave the\\nsmallest aggregate of unrepresented fractions. The 138,083 fractions\\nby the Report, includes the sixteen fractions to which stars are an-\\nnexed, also the five having a cross attached, making twenty-one of\\nthe thirty-seven Counties and Districts, to which Delegates are as-\\nsigned and these twenty-one Districts and Counties are represented\\nby an excess equalling the unrepresettted fractions of the remaining\\nsixteen Counties and Delegate Districts, which have neither stars nor\\ncrosses attached, and reduces the aggregate of unrepresented frac-\\ntions in these last named sixteen Counties and Districts to 20,649.\\nIf we give an additional Delegate to Greenbrier and Monroe, as we\\nshould do, as they have the largest unrepresented fractions it reduces\\nthe unrepresented tractions to 13,852\u00e2\u0080\u0094 that being all the persons in\\nall the Counties that will be unrepresented according to the Report\\nof the Committee.\\nNow, how will it be with the 90,226 aggregate fractions pro-\\nduced by the fifty-four, as a ratio it will be seen that only eight of\\nthe Counties and Districts fall below the divisor or ratio, namely,\\nBoone, Brooke, Doddridge, Hancock, Logan, Pocahontas, Roane and\\nWirt, each of which has a Delegate assigned to it, though their ag-\\ngregate population is only 37,335, and consequently represented by\\nan excess of 7,761. Substract this 37,335 from the 90,226, the\\naforesaid aggregate fractions of the fifty-four ratio, and there re-\\nmains 52,891 unrepresented fractions in the twenty-nine Districts\\nand Counties, which are entitled to, and allotted one or more dele-\\ngates. There are eight delegates to be allotted, and they must be\\ndistributed as follows: First to Ohio, for the substitute s fraction of\\n5,025, (but by the Report 2,342,) one making to that County four\\ndelegates. Second- to Greenbrier, for the substitute s fraction of\\n4,862 (by Report 3,881) one making two to that County. Tftird\\nto Monroe, for the substitute s fraction of 3,887 (by Report 2,908)\\none making two to that County. Fourth to Mason, for the substi-\\ntute s fraction of 3,115 (by Report 2,134) one making two to that\\nCounty. Fifth\u00e2\u0080\u0094 -to Barbour, for the substitute s fraction of 3,092 (by\\nReport 2,111) one making two to that County. Sixth to Jackson,\\nfor the substitute s fraction of 2,583 (by Report 1,622) one making\\ntwo to that County. Seventh to Kanawha, for the substitute s frac-\\ntion of 2,513 (by Report 551) one making three delegates for that", "height": "4160", "width": "2588", "jp2-path": "formationofstate00park_0_0081.jp2"}, "82": {"fulltext": "68\\nCounty. Eighth to the District of Wood and Pleasants, for sub-\\nstitute s fraction of 2,443 (by Report 481) one making three to that\\nDistrict.\\nThis will be the distribution, the principle and method we have\\nadopted, will require, and the aggregate fractions to which they will\\nbe allotted, amount to 27,722 17,294 less than the full number,\\nnamely 45,096 and 27,722 substracted from the 52,991 of remain-\\ning fractions as before stated, leaves 25,289 unrepresented fractions,\\nas against 13,852 by the Report. It is clear, then, that the change\\nproposed, will largely increase the aggregate of unrepresented\\nfractions.\\nNow the next question is, who is to lose by this It is said that\\nCabell County, which I have the honor to represent, will not, for she\\nis entitled to one delegate in either case. I answer, that by the Re-\\nport, Cabell will enjoy one forty-sixth part of the power of the House\\nof Delegates but by the proposed substitute she will have but a fifty-\\nfourth part of that power. And wherever there is a gain by an ex-\\ncess of representation, there must be somewhere else, a correspond-\\ning loss in unrepresented fractions. By the substitute the unrepre-\\nsented fraction of Cabell County is increased from 1,073 to 2 \u00c2\u00b0J 4\\nloss, 981 Lewis County, from 1,118 to 2,099; Taylor County, from\\n682 to 1,663 j Upshur, from 446 to 1,427 Wetzel, from 93 to 1,054;\\nWayne, changed from 14 minus to 967 excess Tyler, from 130\\nminus, to 841 excess; Ritchie, from 195 to 1,172; Putnam, from\\n910 minus, to 71 excess; Preston, from 53 minus to 1,909 excess;\\nMonongahela, from 329 minus to 1,732 excess; Mercer, from 190\\nminus to 791 excess Marshall, from 580 minus, to 1,662 excess\\nMarion, from 180 minus to 1,382 excess Harrison, from 51 minus\\nto 1,913 excess; First Delegate District, Calhoun and Gilmer, from\\n441 minus, to 544 excess Second District, Clay and Braxton, from\\n28, to 1009 excess Fourth District, McDowell, Raleigh and Wyom-\\ning, from 1005, to 1,996 Fifth District, Tucker aud Randolph, from\\n429 minus, to 522 excess, Sixth District, Webster and Nicholas,\\nfrom 596 minus, to 384 excess.\\nSuch is to be the result of the change proposed. And have the\\ngentlemen, whose Counties, nine in number, are to be the exclusive\\ngainers, the effrontery to ask those, representing the remaining thirty-\\nfive, which are to sustain such loss to vote for the substitute. For\\ntheir own sakes, and the character of this body, I trust not. Can\\nthe gentlemen from Kanawha, whose County has 13,787 population,", "height": "4160", "width": "2636", "jp2-path": "formationofstate00park_0_0082.jp2"}, "83": {"fulltext": "69\\nand onlv 6,096 more than Cabell, expect me to vote for a proposition,\\nthat gives their County three delegates, while Cabell has but one\\nI trust not.\\nGentlemen seem to forget the high purpose, for which we were\\nsent here. We have been sent here to frame a Constitution, contain-\\ning general and just principles, which are to govern Legislatures, and\\nthe other co-ordinate branches of the Government in future time-\u00e2\u0080\u0094\\nnot to try our hands at that contemptible, petty log rolling, which\\nhas disgraced and ruined the mother State The fifth fundamental\\nprinciple which we have unanimously adopted, reads thus Every\\ncitizen of the State shall be entitled to equal Representation in the\\nGovernment, and in all apportionments of Representation, equality\\nof numbers in those entitled thereto, shall be preserved as far as\\npossible. Nor have we been content to enunciate this great princi-\\nple of equal Representation as a guide to future Legislatures, and\\nleave it to their discretion to apply, as successive decades shall roll\\nround with all the. changes that will occur, but in the sixth section of\\nthe Legislative Report, which we have unanimously adopted, we\\nhave prescribed an exact method, with minute details, by which all\\nfuture Legislatures shall preserve this equality of Representation.\\nThus we have preached and theorized for others to practice by.\\nBut it devolves upon us now to put our preaching and theory into\\npractice and suppose in our practice, we adopt the substitute pro-\\nposed, with all its flagrant violations of these principles, and gross\\ninjustice what will those who come after think of us May they\\nnot reasonably conclude that the madness, which seems to rule the\\nminds of men at the present day, extended alike to Constitution\\nmakers, and Constitution breakers And what will our present con-\\nstituents, to whose decisions we have to submit our important work\\nsay Are not they the descendants of men, who pledged their\\nlives, fortunes, and sacred honor, for the maintenance of just Prin-\\nciples and are not they themselves at this very hour hazarding\\neverything for upholding the great principles so established by the\\nFathers, and many baring their bosoms to the storms of a most re-\\nlentless Civil War Present to them for their approval such mental,\\nnay moral apostacy, as the adoption of the substitute contemplates,\\nand they will reject it with scorn and indignation.\\nLet us be rational and honest, and reject this substitute, and adopt\\none that shall give to the Counties of Greenbrier and Monroe con-\\njointly, they having the largest unrepresented fractions, and having", "height": "4160", "width": "2584", "jp2-path": "formationofstate00park_0_0083.jp2"}, "84": {"fulltext": "70\\nnever been represented in this Convention, an additional member,\\nmaking forty-seven in all, unless the seven conditional Counties, or\\nsome of them, elect to come in.\\nThe substitute was rejected, and the Report of the Committee\\nmodified in the manner proposed, was adopted. [See Journal of\\nConvention, 2d and 3d Reports of the Committee on the Legislative\\nDepartment.]\\nPN THE QUESTION OF ALLOWING THE LEGISLATURE\\nTO GIVE THE STATE S AID TO WORKS OF INTERNAL\\nIMPROVEMENTS.\\nThis is an important question. Is it better for the Convention to\\nprohibit for all coming time, the aid of the State to Works of Inter-\\nnal Improvements, however general they may be in their beneficial\\nresults to the State, or permit the Legislature, under proper restric-\\ntions, to extend its aid from time to time to such Works as its\\nwisdom shall deem to be of general State concern. As the National\\nGovernment confines its aid to Works of Nati onal concern only, so\\na State ought to extend its aid to such works only as concern the\\nwhole \u00c2\u00a7tate, and where individual capital and enterprise are inade-\\nquate. When any State descends from matters that are of general\\nState concern, to works that are merely private and local in their na-\\nture, it becomes the sport and victim of individual and local compe-\\ntition, to log rolling, and indiscriminate plunder. This has been\\nthe peculiar misfortune of Virginia.\\nWashington, and his cotemporaries, stood upon high State policy,\\nwhen in 1790 they projected the great work of connecting the James\\nwith the Ohio river. But they passed away, and their successors\\nwent to log rolling, and have continued it until a debt of $35,000,-\\n000 to $40,000,000 has been created, and instead of any system of\\nPublic Works, only partial disconnected lines are scattered over the\\nEastern portion beginning, as Governor Wise said in 1854,\\neverywhere, and ending nowhere.", "height": "4156", "width": "2628", "jp2-path": "formationofstate00park_0_0084.jp2"}, "85": {"fulltext": "71\\nDe Witt Clinton, in about 1817, projected the great work of the\\nErie Canal, connecting the Hudson River with the great Lakes, and\\nthe inexhaustible West which he adhered to amidst persecution and\\nobliquy, until the great work was completed in 1825, and his name\\nmade immortal.\\nAll of Western New York was then a wilderness, but now the\\nrichest, and most populous section of the country, with its fertile\\nfields and flourishing towns and cities. The State then numbering\\nabout 1,200,000, which in i860 numbered nearly 4,000,000. The city\\nof New York, then numbering about 250,000, in i860, numbered ris-\\ning one million more white population than the entire State of Vir-\\nginia. The States of Massachusetts, Pennsylvania, Maryland, Ohio,\\nIndiana and Illinois, followed her example with less marked, but\\nextraordinary success. Most of their canals, except the Erie, have\\nbeen superseded by Railroads but those States owe mainly their\\npresent greatness to their early perfected systems of Internal Im-\\nprovements.\\nNow, where would these great States have been if their Constitu-\\ntions had contained the prohibitory clause now proposed to be inserted\\nin ours They would still have been, to a great extent, like Western\\nVirginia a wilderness\\nWestern Virginia has received but little benefit from the log roll-\\ning business of the State. She has helped the East to roll their logs,\\nbut has received little assistance in rolling her own. The meagre\\nimprovements of the Kanawha, Coal, a.n Guyandotte rivers, and\\nthe half million expended on the west end of the Covington and\\nOhio Railroad\u00e2\u0080\u0094 now in a state of decay with here and there a mud\\nturnpike, are all she can show for the forty million of debt.\\nWestern Virginia is rich beyond measure, in variety and fertility of\\nsoil, boundless forests of valuable timber, and inexhaustible mineral\\nWealth. But these are to be developed, and brought into use. Indi-\\nvidual capital, aided by the State, and the sinews of free and earnest\\nmen can alone accomplish it.\\nI do not believe in the policy of the State becoming a stockholder\\nin any Company, but in her endorsing or guaranteeing Company s\\nbonds where absolutely necessary, and where it shall be demonstrated\\nto be safe to do so, taking a lien on the whole work for security.\\nThere need be no risk whatever and we should commit this power\\nto the wisdom and sound discretion of future Legislatures.", "height": "4160", "width": "2548", "jp2-path": "formationofstate00park_0_0085.jp2"}, "86": {"fulltext": "12\\nOur new State, it is true, -will require no long lines of Improve-\\nments to connect her with markets. The Ohio River, and Baltimore\\nOhio Railroad open to her the best markets of the country and\\nthe same liberal and enterprising Company stands ready to do more.\\nIt is her beautiful rivers that require to be improved; her almost,\\nainccessible interior, filled with every variety of wealth, now locked up\\nand valueless, must be furnished with suitable outlets, which* will im-\\npart to the Agricultural and every other great interest, ,a quickening\\nspirit. It has not the individual capital and enterprise to do it. The\\nState can aid without incurring any risk, in the manner I propose:\\nThe Legislature of Virginia, it is to be remembered^ has been con-\\ntrolled the last forty years by men whose policy has at length culmi-\\nnated in treason and attempted parricide. The legislation of tit-\\nginia, therefore, on this subject, imder such guidance; should not be\\ntaken as an earnest for what future legislation of the new State is to\\nbe, controlled, as We may hope it will be, by honest and earnest men,\\nchastened and made wise an d prudent by the solemn lessons of the\\npast. It is the abuie, not the legitimate use, of the power, that has\\nproduced the evil. Commit it, then, with unshaken confidence in\\nthe virtue and intelligence of the people, into the hands of their fu-\\nture representatives. Let the genius of the new State remain un-\\nshackled and disenthrolled of a slave oligarchy, and clothed in the\\nnew, easy, and well-fitting garment we are preparing for her, and she\\nwill normally and rapidly develope, and at no distant day stand forth,\\nin her indigenous beauty and strength.\\nON A PROPOSITION TO INSERT THIS CLAUSE OF THE\\nVIRGINIA CONSTITUTION NO MINISTER OF THE\\nGOSPEL OR PRIEST, OF ANY RELIGIOUS DENOMINA-\\nTION, NOR SALARIED OFFICER OF ANY BANKING\\nCORPORATION, OR COMPANY, SHALL BE CAPABLE\\nOF BEING ELECTED TO EITHER HOUSE OF THE\\nLEGISLATURE.\\nWhy should not these classes of our fellow-citizens, who bear\\nK equally the burden of Government, in the form of taxes, c, and\\nenjoy no peculiar privilege or emolument from it, be denied the", "height": "4156", "width": "2564", "jp2-path": "formationofstate00park_0_0086.jp2"}, "87": {"fulltext": "73\\nhonor and profit of a seat in the Legislature, whenever their fellow-\\ncitizens chose to give it There is no inherent incompatibility in\\neither case, that should not be left to the citizens to determine,\\nwhether candidates, or voters. These classes equally with farmers,\\nmechanics and merchants, the Government leaves to support them-\\nselves and families to earn their livelihood as best they can. And\\nfor examples of their competency, faithfulness and patriotism in de-\\nliberative bodies, I need only refer to 1 the Chairman of the Legisla-\\ntive Committee, Mr. Lamb, the Cashier of one of our principal\\nBanks, who, we all feel, is the James Madison of this body\\nand the Clergymen, representing the principal religious sects,- who\\nare also, conspicuous, faithful and useful members.\\nThe proposition was rejected.\\nI ALSO PREPARED THE FOLLOWING REM ARKS ON THE\\nQUESTION OF GRADUAL EMANCIPATION OF SLAV-\\nERY, ANL ITS SUBMISSION BY A SEPARATE POLL\\nTO THE PEOPLE\u00e2\u0080\u0094 TO BE SUBMITTED WHEN IT CAME\\nUP. THE SEQUEL SHOWS HOW THE QUESTION WAS\\nDISPOSED^OF.\\nIs it best to ignore, insert unconditionally, or insert as the resolu-\\ntion offered by the gentleman from Ohio, Mr. Battelle, proposes,\\nand refer the question to our constituents Though we are only the\\ndevisers and draftsmen of provisions that can have no life until rat-\\nified by the people, the Legislature of the Re-organized Govern-\\nment, and Congress, yet we give the substance and form, which\\nneither party has power to alter Or change. They can only accept,\\nor reject, though the last two may accept absolutely, or with speci-\\nfied conditions annexed, to be approved afterwards by the people.\\nHence the delicacy and responsibility of our task. If we omit a\\nright provision, or insert a wrong one, and the Constitution shall be\\nrejected bv cither of the three parties, the new State fails, and the\\nK", "height": "4160", "width": "2564", "jp2-path": "formationofstate00park_0_0087.jp2"}, "88": {"fulltext": "74\\nblame falls \u00c2\u00a9n us and the new State becomes, after so much labor,\\nso much expense, so much talk, and so much hope a stupendous\\nabortion, a disgraceful humbug, without a parallel and its projectors\\nand conductors, including ourselves, Sir, will become objects of\\nuniversal derision. West Virginia will have again to bend her neck\\nto the iron yoke of the slave oligarchy of East Virginia, (as they will\\nhave two votes to our one) to be held with tightened chains and mul-\\ntiplied burdens, to drag out a famishing and miserable existence.\\nBut gentlemen say ignore that is, be entirely silent upon the\\nsubject. This will be a negative pregnant. I ask, them, how\\nCongress, whose approval we must have, and the outside world,\\nwhose emigration and capital we must also have, will interpret this\\nsilence I answer, they will say the people of West Virginia are\\nunanimously pro-slavery. They can, and will give no other, for it is\\nthe only natural and legitimate interpretation at this time.\\nNow, does any member believe that Congress, both Houses of\\nwhich, have such large republican majorities, whose chart and com-\\npass are the Chicago platform no extension of slave territory, and\\nno increase of slave power in the Senate/ or Electoral College,\\nwho believe slavery to be the prime cause of the present rebellion\\nthat has prostrated all business, caused to be raised an army of\\n700,000 men, now costing from one to two million dollars per day a\\nrebellion that shakes, not only this country, but the civilized world\\nare going at this time, voluntarily, and as a mere act of grace, to en-\\nlarge a power, both in Congress, and the Electoral College, that is\\nso prolific of evil, by giving the Old Dominion, the acknowledged\\nmother and guardian of the slave power two additional slave Sena-\\ntors, and Presidential electors, and at the same time establish a pre-\\ncedent for multiplying the same power ad infinitum If personally\\ndisposed, they dare not thus abjure all antecedents, apostatize all\\npolitical principle, and betray all confidence We must insert in\\nthe Constitution some certain, though gradual extinction of slavery\\nto secure success.\\nBut gentlemen say they shall be able to satisfy Congress that it\\nwill soon die out of itself. Congress will reply then why don t you\\nsay so in the bond They will say point us to any State where- it\\nhas died out of its own accord, and without positive enactment.\\nThey will point to Delaware, with only 2,289 slaves in 1850, and\\nabout the same now and what is her status Our forty-four Count-\\nies had in 1850, 11,320 slaves, and in i860, 10,347, decrease, 973.;", "height": "4152", "width": "2580", "jp2-path": "formationofstate00park_0_0088.jp2"}, "89": {"fulltext": "but Greenbrier had increased 631. And when gentlemen say our\\nSenators will be practically free State men, Congress will point to\\nSalsbury and Bavard, of Delaware, and perhaps to our own Vir-\\nginia Senators. But I dare not ask the indulgence of this body\\nlonger, on a proposition so self-evident.\\nBut what will it do for the new State, besides securing its timely\\ndeliverance and independent existence Will it harm any body\\nNot one. About one-third of the slaves are already gone about\\ntwo-thirds of what remain are the property of rebels, and will be\\nconfiscated not more than two thousand remain the property of\\nloyal men. I would not vote for the measure if it was to deprive\\nany loyal citizen of his property without due compensation. I would\\nimpose a tax on the realty and personalty of the State, and compen-\\nsate the owners. This body, and its constituents, have no limit in\\nthe exercise of power to secure the greatest good to the greatest\\nnumber^ except the Federal Constitution, and ordinance of the\\nWheeling Convention, the 20th of August last This provision inter-\\nferes with no present vested right. Partus sequitur ventrem, does\\nnot apply. Children begotten and born eighteen years hence, no\\nperson can have a vested right in. The 9th Section of said Ordi-\\nnance, protects only private rights and interest in land. Massa-\\nchusetts, Connecticut, Rhode Island, New Yoik, New Jersey and\\nPennsylvania, have all done it. All political parties concede the\\nright to a people, when forming their organic law, to establish or\\nabolish slavery. The dispute has been as to the power of Territorial\\nLegislatures. No man is to lose. All slaves now in being, and all\\nborn for eighteen years, are to be sacredly protected as long as they\\nlive. No man wants slaves to be imported.\\nBut what shall we gain besides a deliverance from such bondage,\\nwith an independent and happy existence I answer, the status of a\\nFree, in the place of a Slave State in the eyes of the whole outside\\nworld, and capital and people will immediately flow in, and the ad-\\nvance in value of our now comparatively valueless lands, will com-\\npensate many fold any sacrifice the riddance of slavery shall occa-\\nsion. Neither the Anglo Saxon, nor Celtic race will settle in a State\\nwhile it bears the semblance of Slavery.\\nLet us, then, submit the question, by a separate poll to our con-\\nstituents, from whose eyes the rebellion has already shaken t)ie\\nscales, and broken forever, I trust, the spell of corrupt men, which\\nhas so long controlled their minds, and manacled their energies.", "height": "4160", "width": "2528", "jp2-path": "formationofstate00park_0_0089.jp2"}, "90": {"fulltext": "76\\nThey are already far in advance of us. They are ready to subor-\\ndinate everything to establish the new State. And woe be to that\\nmember, who, preferring a delusive silence, shall, by his vote, con-\\ntribute to withhold from his constituents and masters, a question on\\nwhich their all depends, and the affirmative of which they stand\\nready to approve by an overwhelming vote.\\nI have seen much of the institution of African Slavery. I do not\\nregard it a sin per se.- It may be the normal condition of that^race.\\nClimate and soil/ in many sections, may necessitate it. I have view-\\ned the subject in the light of expediency, merely, in regard to West\\nVirginia, whose every hope of future prosperity and happiness, de-\\nmands its gradual, though certain extinction, within her borders.\\nAll parties were disposed to postpone, the exciting subject until\\nthe other irnportant provisions were settled and still each party ex-\\npected ij: |to come up, and were silently preparing their forces to meet\\nit. The opposition professed to receive frequently letters from\\nWashington, stating it was the wish of Congress, the President and\\nCabinet, that the subject should, be ignored in our Constitution. The\\nfriends distrusting their statements, addressed letters to leading Re-\\npublicans in both Houses of, Congress, who affirmed, emphatically,\\nwe should have rio chance for admission, unless a gradual emancipa-\\ntion clause was inserted. The members, whose personal feelings\\nwere opposed to a new State in any form, having failed in their\\nprevious attempts to defeat, without forfeiting the confidence of their\\nconstituents, counted, confidently, I think, on this subject to accom-\\nplish the end. A few days before the time fixed for adjournment,\\nMr. Battelle, a delegate from Ohio County, offered the following\\nresolutions,* making a few pertinent remarks\\ni. Resolved, That at the same time when this Constitution is sub-\\nmitted to the qualified voters of the proposed new State, to be voted\\nfor or against, an additional Section to Article in the words fol-\\nlowing\\nNo slave shall be brought, or free person of color come into this\\nState for permanent residence after this Constitution goes into oper-\\nation and all children born of slave mothers after the year eighteen\\nhundred and seventy, shall be free the males at the age of twenty-\\neight, and the females at the age of eighteen and the children of\\nsuch females shall be free at birth.", "height": "4152", "width": "2644", "jp2-path": "formationofstate00park_0_0090.jp2"}, "91": {"fulltext": "77\\nShall be separately submitted to the qualified voters of the new\\nState for their adoption or rejection and if a majority of the votes\\ncast for and against said additional section, are in favor of its adop-\\ntion, shall be made a part of Article of this Constitution, and\\nnot otherwise.\\n2. Resolved, That the Committee on the Schedule be, and they\\nare hereby instructed to report the necessary provisions for carrying\\nthe foregoing resolutions iuto effect.\\nMr. Sinsel moved to lay the resolutions on the table, and make\\nthem the order of the day for to-morrow, at iq o clock in the morning.\\nMr. Hall, of Marion, moved to lay the resolutions on the table\\nwithout day; and upon this question the yeas and nays were de-\\nmanded, and the demand being sustained, the motion was adopted\\nyeas, 24 nays, 23. Two of the friends being absent.\\nYeas Messrs. John Hall (President), Brown of Kanawha, Brum-\\nfield, Chapman, Carskadon, Dering, Dolly, Hall of Marion, Hay-\\nmond, Harrison, Hubbs, Irvine, Lamb, Montague, McCutchen, Rob-\\ninson, Ruffner, Sinsel, Stephenson of Clay, Stuart of Doddridge,\\nSheets, Smith, Van Winkle, Warder 24.\\nNays Messrs. Brown of Preston, Brooks, Battelle, Caldwell, Dille,\\nHervey, Hagar, Hoback, Lauck, Mahon, O Brien, Parsons, Powell,\\nParker, Paxton, Pomeroy, Ryan, Simmons, Stevenson of Wood,\\nStewart of Wirt, Soper, Trainer, Wilson 23.\\nThe Convention soon after adjourned. The opposition became\\nalarmed at the strength of the friends, as shown by this vote, and\\nthat night were hard at work with what success appeared the next\\nmorning. The friends met that evening, arranged to have all pres-\\nent at the opening next morning, and felt confident of their power to\\ntake up the resolutions and pass them.\\nSoon after the meeting of the Convention, next morning, Mr.\\nDille, a delegate from Preston County, reckoned theretofore a\\nstaunch friend, and was present at the meeting of the friends the\\nevening before, rose, and after making some sentimental, and gratu-\\nlatory remarks, said he was happy to announce that the exciting\\nquestion, in relation to Slavery, had been compromised and pro-\\nceeded to relate what the compromise was. The opposition respond-\\ned with honeyed commendation, and in this, to my painful con-\\nfusion and surprise, Mr. Battelle, who had offered the resolutions,\\nappeared to acquiesce, or became bewildered, as he put forth none of", "height": "4160", "width": "2560", "jp2-path": "formationofstate00park_0_0091.jp2"}, "92": {"fulltext": "78\\nhis acknowledged powers, in support of his resolutions, and moved\\nthat what Mr. Dille had proposed as a compromise, after its adop-\\ntion, be referred to the Committee on Revision, to be inserted in its\\nproper place, in the Constitution. The friends had regarded him as\\namong its ablest supporters, having always acted as such, and about\\nthat time had published and widely circulated a pamphlet in favor\\nof gradual emancipation. Many others theretofore acting with us,\\nioined the stampede, openly approving or silently acquiescing in Mr.\\nDille s proposition, I saw at a glance that all hope was at an\\nend in that body. I expressed my dissent to any compromise, and\\nfirm conviction it would not satisfy Congress. The first branch of\\nthe resolution was passed, with but one dissenting vote Mr. Brum-\\nfield regarded it as too hostile to the peculiar institu-\\ntion. I voted for it, believing it would do no harm as the measure\\nstood, and ifj perchance, revived, would prevent the importation of\\nslaves, and shut out no free negroes, as none would wish to come.\\nBesides, it is my nature, under such circumstances to gratify as many\\nof my fellow-citizens as possible. Soon after f withdrew from the\\nConvention, resolved to have an expression of the people upon the\\nsubject at the time the Constitution was voted on, though in an in-\\nformal manner.\\nI discovered on that occasion, as I had never before, the myster-\\nious and over-powering influence the peculiar institution had on men\\notherwise sane and reliable. Why, when Mr. Battelle submitted\\nhis resolutions, a kind of tremor a holy horror, was visible throughout\\nthe house 1\\nOn my way home, on the steamboat, I drew up the following form\\nof instructions to Delegates in the Convention, and members of the\\nLegislature, went to Ironton, Ohio, and got a sufficient quantity\\nprinted, and sent them to reliable persons in all the Counties, inter-\\nested in the matter, explaining the necessity, and suggesting that\\nseparate polls be opened at all the voting precincts when the Con-\\nstitution was voted on, and also at the military camps.", "height": "4152", "width": "2560", "jp2-path": "formationofstate00park_0_0092.jp2"}, "93": {"fulltext": "7U\\nINSTRUCTIONS.\\nTo our Senators, and Delegates to the Convention\\nand Legislature, upon the question of Gradual\\nEmancipation, viz\\nAll children born of slave mothers in this State,\\nafter the Constitution goes into operation, shall be\\nfree, males at the age of twenty-eight years, and fe-\\nmales at the age of eighteen years, and the children of\\nsuch females to be free at birth.\\nThe Senators and Delegates are authorized and in-\\nstructed to make the foregoing provision a part of the\\nConstitution, if the speedy admission of the new State\\ninto the Union shall require it.\\nAbout the same time 1 issued the following Circular to my con-\\nstituents\\nTO THE LOYAL PEOPLE OF CABELL COUNTY, VA.\\nFellow-Citizens The Convention in which I had the honor to 1\\nrepresent you, having closed its principal labors, I propose to give\\nyou an account of my stewardship. It would have been agreeable to\\nhave met you in person and delivered it, if circumstances would allow\\nbut as things are at the present time in our County, I hope the mode\\nI have adopted will not be unacceptable.\\nAlthough my residence among you has been comparatively short,\\nour relations and intercourse have been of a character to give pretty\\nthorough knowledge of each other, and the common hopes and inter-\\nests that should animate us all and I can say with truth, that with\\nfew exceptions, this intercourse has been kind, courteous and agree-\\nable.\\nBut when the political storm burst upon our heads, nearly a year\\nago like a thunderbolt irom a clear sky what a change took place\\nKind and obliging neighbors and friends found themselves, all at\\nOnce, entirely estranged and deadly enemies thirsting for each other s", "height": "4160", "width": "2572", "jp2-path": "formationofstate00park_0_0093.jp2"}, "94": {"fulltext": "80\\nblood In the place of the warm and cheerful benevolence we had\\nbeen wont to meet in the countenances of friends, there radiated a\\ncondensed, cold and malignant venom, which benumbed the heart\\nand congealed all sympathy. The moral and social sun hid his face\\nbehind thick clouds, and the desolation and suffering that have en-\\nsued since, all have felt, and they can describe.\\nThe occasion does not call upon me to arraign the motives or cen-\\nsure the conduct of any of my former friends and fellow-citizens,\\nwho in my judgment have been so fatally misled, and to whom the\\nseasonable warning of a friend was not wanting nor to extol the\\nmerits of such as have proven loyal and true amidst all trials, to the\\nold flag and the best Government in the world. The merits and de-\\nmerits of both parties belong to the lawful authorities and future\\nhistory to decide.\\nThe bolt had struck, the tornado had passed, and nothing but des-\\nolation and suffering lay in the track, when the Convention was call-\\ned upon to save what it could from the wreck. It labored with zeal\\nand a sincere desire to rescue and make safe the great interests of\\nthe people of West Virginia, and the Constitution proposed for ybWr\\nratification is the result of its labors.\\nIt is not perfect; time and experience will disclose defects^ for the\\ncorrection of which the instrument itself provides a plain and easy\\nmethod.\\nJohn Letcher and Company abjured and set at naught, without\\ncause, their solemn oaths to support the Constitution of the United\\nStates, which is the Supreme Law of the Land attempted to trans-\\nfer the State to the so-called Southern Confederacy, and thereby\\nabdicated the Government of Virginia, and the powers thereof being\\nincapable of annihilation, returned to the people the source from\\nwhich all power is derived. But as the disloyal portion, who adhered\\nto Letcher and Company, were participes criminis, equally guilty,\\nthey could not take advantage of the forfeiture, as it would be taking\\nadvantage of their own wrong, which the law of the civilized world\\nforbids.\\nThe loyal portion only could take advantage of the forfeiture, and\\nrestore and re-organize the Government of Virginia. This the loyal\\npeople did by their delegates who assembled in Convention at\\nWheeling, on the nth day of June last. This Convention, constitu-\\ntionally and legally represented the whole loyal people of Virginia,", "height": "4148", "width": "2636", "jp2-path": "formationofstate00park_0_0094.jp2"}, "95": {"fulltext": "Si\\nwho were tlie dwriers of the subject matter proposed to be divided,\\nand that Convention gave its consent to the division, and ordered\\nthe present Convention to form a Constitution for the proposed new\\nState,\\nThere can be no question, therefore, as to the legitimacy of the\\ntfheasure.\\nNor is the expediency of the measure at this tinie less clear:\\nEastern Virginia has, or must soon become, a heap of bankruptcy\\nand ruin, which her own folly and wickedness will have produced. She\\nhad not the slightest claiiri or right to drag West Virginia down to\\nruin with hefself. The West had long been the object of unmerited\\noppression and plunder; and it became the imperative duty of the\\nWest to cdt loose and save herself if possible. It would have been\\nfl act of sheer madness not to have done so: For more than thirty\\nyears, it has been conceded by all, that the people West of the\\nAllegharties had no commercial b r business connection, nor congeni-\\nality, with the people east of that natural barrier: The whole inter-\\nests of the West are with the Ohio River, into which all its rivers\\nflow, and with the great States and cities which lie upon that river.\\nWhy, then, continue longer this unnatural connection with the self-\\nruined and immolated people of the East, who will have no ability or\\ndisposition to help us, but only the power and will to demand arid\\ntake by fdrce- y ah we possess for they can Out vote us, and oblige us\\nto help pay the immense State debt their treason, has created and\\nmuch of which they will hold, and at some future time, will log roll\\nand cajole our representatives, as in time past, to help pay.\\nIt was the opinion of a very large majority of the Convention, that\\nthe true interests and future well-being of West Virginia required a\\nConstitution and form of Government resembling, in its main features\\nat least, the Governments of those great States which have grown up\\nas if by magic at the North and West of us, that the name and re-\\npulsive phantom of the little remnant of slavery should be gotten rid\\nof as soon as practicable, without the sacrifice of rights of loyal\\nmen, and induce capital and free labor to flow iri from abroad, as the\\nonly means of developing the wealth of the fiew State. You will\\nfind the Constitution is framed to meet and foster the great interests\\nof the masses the many, and not a favored few and that there\\nare to be no superfluous and sinecure officers none but what are\\nabsolutely needed, and these paid no more than a reasonable com-\\npensation, and held at all times strictly accountable to the people.\\nJ,", "height": "4160", "width": "2560", "jp2-path": "formationofstate00park_0_0095.jp2"}, "96": {"fulltext": "It will be among the most economical State Governments m the\\ncountry. Nor can the State squander the peoples money by enter-\\ning into private schemes of speculation and log-rolling, which had\\nbrought upon the old State, prior to the rebellion, a debt of about\\nforty million dollars, without any adequate return.\\nA liberal system of free schools is provided, which are to be open and\\naccessible to all children, the rich and poor alike, and free of charge.\\nI know this will gladden the hearts of the parents living along the\\ncreeks, the generous hospitality of whose cabins I have often shared,\\nand noticed with interest the embryo genius and native talent of\\ntheir unschooled children. The hopes of these parents will no longer\\nbe blighted. The faculties with which God endows their children,\\nhowever humble, the free school will quicken and bring out, to ele-\\nvate and bless the children, and repay with joy and just pride the\\nparents, and add glory and strength to our country.\\nThe new Constitution makes a radical change in the County or-\\nganization. The County Court is abolished. There will be four\\nterms of the Circuit Court a year. The Counties are to be divided\\ninto Townships, to contain not less than 400 inhabitants each. Each\\nTownship is to choose a Supervisor, Clerk, Surveyor of Roads, one\\nJustice of the Peace, and one Constable^ and when the Township\\ncontains 1200 inhabitants,, or more r they may choose two Justices\\nand two Constables. The Justice will have jurisdiction in civil cases\\nto the amount of $ioo y and either party can demand a jury of six\\nmen.\\nThese Townships will constitute so many separate communities,\\nwho will meet in town-meetings and discuss and transact their busi-\\nness. They will constitute the peoples primary school in politics,\\nand the great science of selfgovermjfe?ii. Somewhere near the cen-\\ntre, or at the most accessible point of each Township, should be or-\\ndinarily a School-house, Town-house, Store, and center of business.\\nThe people will transact their business at this center, instead of\\ngoing to the County seat. Our County will admit of seven or eight\\nTownships. The Supervisors of the several Townships of the Coun-\\nty constitute the County Board, which has charge of the affairs of\\nthe County. With the Constitution in your hands, you can run out\\nthe details and make the figures. If properly managed, the system,\\ncannot fail to distribute and equalize political and social power, and;\\nmake every man a free?nafi, and every freeman, a freetnan indeed.\\nAll will depend upon our own management.", "height": "4156", "width": "2644", "jp2-path": "formationofstate00park_0_0096.jp2"}, "97": {"fulltext": "By referring to the Article on Taxation and Finance, you will find\\nthat a very important change has been made. By the new Constitu-\\ntion, all taxes are to be uniform and equaP on all property accord-\\ning to its value. Your negro and my horse are both taxed according\\nto their market value. By the law of Virginia, your slave, though\\nworth $i,8oo, can be taxed for only $300 and if the slave be twelve\\nyears of age, or under, and worth $600 or $700, he is not taxed at\\nall while my yearling calf, colt, lamb, axe, plough, and every other\\nspecies of property, are taxed to their full value. Every species of\\nindustry, earnings and income are taxed by the law of Virginia. No\\ncitizen can open a store for the convenience of his neighborhood, or\\nact as commission merchant to sell his neighbor s produce, without\\nfirst obtaining a license and paying from $10 to $100. The daily\\nearnings of clerks, engineers, and even day laborers all of which\\ngo as fast as earned to support their families are, or are liable to be,\\ntaxed under the head of Income Tax, to replenish the Treasury at\\nRichmond while not less than two hundred million dollars ivottk of\\nslave property, owned mostly in Eastern Virginia, has never been taxed\\nat all. What unparalleled injustice Nothing in the past or pres-\\nent, in any country, equals it and all in favor \u00c2\u00a7f slave-ow?iers\\nWho have been your leading men, and represented your interests at\\nRichmond in times past, and tamely submitted y@ur necks to such\\nunjust and disgraceful burdens Some of these leaders still remain\\namong you\u00e2\u0080\u0094 but by their fruits ye shall know them. All this\\niniquity the new Constitution cuts up, root and branch. All property\\nis to be taxed according to its market value, and the skill, energy and\\nsinews of freemen are left untaxed.\\nThere is one other subject to which it is my duty to call your atten-\\ntion. I shall approach it with the same freedom and boldness as\\nany other subject which I think may lie in the way of the ultimate\\nsuccess of the new State in Congress. My antecedents and political\\nopinions I have frankly avowed, and most, if not all of you, know\\nwhat they are. I was raised amid the free institutions of the North,\\nbut have spent the last fourteen years amidst the peculiar institu-\\ntion, and have probably seen and had as much to do with that insti-\\ntution as any other man in West Virginia, and am qualified to judge\\nof its benefits and evils. I do not believe the relation of master and\\nservant necessarily implies a sin, but in many cases it is a positive\\nblessing to the black race. It is the white race that suffers from the\\ncontact, as a general thing. I believe that we have in some parts of", "height": "4160", "width": "2508", "jp2-path": "formationofstate00park_0_0097.jp2"}, "98": {"fulltext": "*4\\nour country, climate, soil and productions that necessitate this species\\nof labor but none of these exist in West Virginia any more than in\\nOhio and Pennsylvania. I went to the Convention resolved to .look\\nV as at any other, in the light of expediency only, and\\nto subordinate this as any other, when necessary in my judgment to\\nobtain the great object in view\u00e2\u0080\u0094 the establishment of the new State,\\nand secure the greatest good to the greatest number of rny constit-\\nuents.\\nBy the census, of i860, there were in the forty-four Counties com-\\nprising the ne w State, only 10,147 slaves, and 336,107 whites\u00e2\u0080\u0094 about;\\nthree per cent., qr three slaves to one hundred whites. Probably\\none-third qf these have disappeared since the rebellion commenced,\\nand two-thirds of the remainder belong to rebels and are liable to\\nconfiscation\u00e2\u0080\u0094 cleaving at present about 2,000, the property of loyal\\nmen. And while I regard this property of loyal men as sacred and\\ninviolable as any other^ I consider the interest too inconsiderable to\\nbe permitted to st^nd in the way of a speedy admission by Congress\\nof the new State a^d its future well-qeing and if its removal re-r\\nquires, I stand ready for rnyself and the Companies I represent, tq\\nlevy a tax to remunerate loyal owners.\\nIt becarne apparent to my mind more than a month ago, that Con-\\ngress would not admit the new State if the Constitution was simply\\nsilent on the subject but that it would require some positive declara-\\ntion to secure admission, as Congress would never consent to make\\ntwo slave States out of the Old Dominion, and increase the slave\\npower in the Senate by adding two slave Senators. Besides, it\\nwould be setting a precedent that would oblige Congress to consent\\nto the division of other slave States, and so increase the slave power\\nin the Senate ad infinitum.\\nI wrote to several conservative members of Congress for their\\nopinion, which was adverse to admission unless some positive declara-\\ntion of a gradual emancipation was, made in the Constitution. I felt\\nall along the vital importance of getting admitted by Congress at the\\npresent session. The establishment of our new State requires the\\nconsent of our Legislature, and also of Congress. As soon as the\\nrebellion shall be crushed in East Virginia, they may send in their\\nDelegates to the Wheeling Legislature and secure a majority ad-\\nverse to letting us go. I brought these facts to the notice of the\\nmembers, and urged the imperative necessity of making some posi-", "height": "4160", "width": "2652", "jp2-path": "formationofstate00park_0_0098.jp2"}, "99": {"fulltext": "tive declaration upon the subject. I found many viewed the necess-\\nity as I did, but shrunk from taking the responsibility of acting be-\\nfore consulting their constituents. I then proposed to submit the\\nsubstance of the provisions, proposed by Mr. Battelle, first, That\\nno slave shall be brought, or free person of color come, into this\\nState for permanent residence, and second, That all children born\\nof slave mothers in this State after 1870, shall be free, males at the\\nage of twenty-eight, females at the age of eighteen, and all children\\nborn of such females to be free at birth, by a separate poll to the\\nvote of our constituents, at the same time the Constitution was vot-\\ned on and if a majority of those voting on the question said so,\\nthese provisions should become parts of the Constitution, otherwise\\nnot. But a timidity in some, and honest, I presume, but inscrutable\\npolicy in others, refused to submit the question to the people, assign-\\ning as a reason that it was not safe to trust the people with the sub-\\nject in these exciting times. After much talk about mutual conces-\\nsion, and considerable labor to give it the dignity of a compromise,\\nto which I dissented, it was voted with but one dissenting vote, to\\nput the first clause in the Constitution. I voted for inserting the\\nfirst provision as likely to do some good, and expressed my decided\\nbelief that this would not be sufficient to secure an admission by\\nCongress. I entertain the same opinion now. The Convention is\\nnot dissolved, but will be called together again if found necessary.\\nWhen you vote upon the Constitution the first Thursday in April,\\nyou will do well to instruct your Delegates, both in the Convention\\nand Legislature, and our Senator, to insert the second provision, or\\nsome other, if found necessary, to secure the consent and admission\\nby Congress at its present session. The. people of the other Counties\\nintend to take this course, and if you view the matter in the light\\nthat I do, you will not hesitate to do it.\\nThe only hope of the new State, on which so much depends, now\\nrests with the loyal people. Their prompt, firm and independent\\naction will save it. I was satisfied that some of the members of the\\nConvention would not, if they could. Such do not realize the great\\nchange that the present rebellion is daily working. They forget that\\ntreason has destroyed all that was great, good, and valuable, in old\\nVirginia. They do not appreciate that the rebellion is shaking the\\nscales from the peoples eyes, and has already broken the spell of\\ncorrupt men which has so long controlled the minds and manacled\\nthe energies of the masses otherwise they would not have withheld", "height": "4160", "width": "2520", "jp2-path": "formationofstate00park_0_0099.jp2"}, "100": {"fulltext": "86\\nthis question from their constituents. The responsibility of so un-\\nwise a course rests with them.\\nYour friend and fellow-citizen,\\nMarch 4, 1862. G. PARKER.\\nThe Ironton journal that printed the Circular inserted it in its\\npaper I think and my impression is, I enclosed a copy to the\\nWheeling I?itelligenccr. The Editor of the latter journal was so\\nkind as to give it the following notice, which appeared in his Daily\\nthe 24th of March, 1862\\nTHE MISTAKE OF THE CONVENTION\u00e2\u0080\u0094 WHEREIN THE\\nREMEDY LIES.\\nGranville Parker, member of the Convention from Cabell\\nCounty, has issued an address to his constituents from which we ex-\\ntract the following\\nI wrote to several conservative members of Congress for their\\nopinion, which was adverse to admission unless some positive decla-\\nration of a gradual emancipation was made in the Constitution. I felt\\nall along the vital importance of getting admitted by Congress at the\\npresent session. The establishment of our new State requires the\\nconsent of our Legislature, and also of Congress. As soon as the\\nrebellion shall be crushed in East Virginia, they may send in their\\nDelegates to the Wheeling Legislature and secure a majority adverse\\nto letting us go. I brought these facts to the notice of the members,\\nand urged the imperative necessity of making some positive declara-\\ntion upon the subject. I found many viewed the necessity as I did,\\nbut shrunk from taking the responsibility of acting before consulting\\ntheir constituents.\\nI then proposed to submit the substance of the provisions, propos-\\ned by Mr. Battelle, first, That no slave shall be brought or free per-\\nson of color come into this State for permanent residence, and sec-\\nond, That all children born of slave mothers in this State after 1870,\\nshall be free, males at the age of 28, females at the age of 18, and all\\nchildren born of such females to be free at birth, by a separate poll\\nto the vote of our constituents, at the same time the Constitution was\\nvoted on and if a majority of those voting on the question said so,\\nthese provisions should become parts of the Constitution, otherwise", "height": "4160", "width": "2588", "jp2-path": "formationofstate00park_0_0100.jp2"}, "101": {"fulltext": "87\\nnot. But a timidity, in some, and honest, I presume, but inscrutable\\npolicy in others, refused to submit the question to the people, as-\\nsigning as a reason that it was not safe to trust the people with the\\nsubject in these exciting times. After much talk about mutual con-\\ncession, and considerable labor to give it the dignity of a compro-\\nmise, to which I dissented, it was voted with but one dissenting vote,\\nto put the first clause m the Constitution. I voted for inserting the\\nfirst provision as likely to do some good, and expressed my decided\\nbelief that this would not be sufficient to secure an admission by\\nCongress. I entertain the same opinion now.\\nThe Convention is not dissolved, but will be called together again\\nif found necessary. When you vote upon the Constitution the first\\nThursday in April, you will do well to instruct your Delegates, both\\nin the Convention and Legislature, and our Senator, to insert the sec-\\nond provision, or some other, if found necessary, to secure the con-\\nsent and admission by Congress at its present session. The people\\nof the other counties intend to take this course, and if you view the\\nmatter in the light that I do, you will not hesitate to do it.\\nThe only hope of the new State, on which so much depends, now\\nrests with the loyal people. Their prompt, firm and independent action\\nwill save it. I was satisfied that some of the members of the Con-\\nvention would not, if they could. Such do not realize the great\\nchange that the present rebellion is daily working. They forget that\\ntreason has destroyed all that was great, good and valuable in Old\\nVirginia. They do not appreciate that this rebellion is shaking the\\nscales Irom the peoples eyes, and has already broken the spell of\\ncorrupt men which has so long controlled the minds and manacled\\nthe energies of the masses otherwise they would not have withheld\\nthis question from their constituents. The responsibility of so un-\\nwise a course rests with them.\\n[Letter to Wheeling Intelligencer, March 17, 1862.]\\nWHAT POWERS WILL THE LEGISLATURE HAVE OVER\\nTHE NEW STATE WHEN IT CONVENES\\nEditors Intelligencer\\nThis question, in the present posture of things, has become one of\\nvital importance to the success of the new State. Our experience", "height": "4160", "width": "2516", "jp2-path": "formationofstate00park_0_0101.jp2"}, "102": {"fulltext": "88\\nwith men has taught us when their acts and professions differ, to take\\nthe former as the surer index of their real intentions. This rule\\nconstrains us to believe that many members of the Convention^ not-\\nwithstanding their talk, do not desire a new State hut prefer that\\nthe Old Dominion remain as it is. Others desire a new State, pro-\\nvided it shall extend to the Blue Ridge and embrace about 60,000\\nslaves enough to secure the perpetuity of this institution in its\\nformer vigor. Nor are we alone in this conclusion the public gen-\\nerally concur with us.\\nIt is the right of the people that all repre^senfa-fcrve men should be\\nunmasked, cost what it may. The times are too eventful and se-\\nvere to indulge in plaij-acting arid* individuals, however high they\\nmay have stood heretofore must expect to fall, if they are not what\\nthey profess, and stand in the way of the people, who are about to\\ntake the reins into their own hands. And the saddest of all is that\\na majority of the five special Commissioners to whom the Conven-\\ntion intrusted so much, is believed to be of this class. With the\\nloyal people then, the success of the new State rests. If they have\\nnerve and courage enough to carry the measure through in spite of\\ntheir former leaders we shall have a new State, and that a free o^e\\notherwise, not. It was in this connection that we proposed in a\\nformer number the necessity of the people giving to their Senators\\nand Delegates, both to the Convention and Legislature, explicit in-\\nstructions which will at once test the sincerity of the Representatives\\nand whoever objects or opposes such instructions being given, or re-\\nfuses to obey them afterwards, the people may safely set down as\\namong the class we have indicated. We speak thus plainly, because\\nthe occasion and the greatness of the stake demand it.\\nWhatever difference of opinion may have formerly existed, we\\ntake it now to be conceded by all that the Convention, which as-\\nsembled at Wheeling on the nth of June last, and the Legislature\\nthat was assembled, by its order, at the same place on\\nthe 1st of July following, represented, legally and constitutionally, all\\nthe loyal people of the State of Virginia, the subject matter proposed\\nto be divided and that the Convention which assembled at Wheel-\\ning on the 26th of November last, represented constitutionally and\\nlegally only a portion of that 7vkole that is, the loyal people resid-\\ning within the original thirty-nine Counties which were included ab-\\nsolutely in the proposed new State, and the Counties of Hampshire\\nand Hardy, which had complied with the conditions prescribed by", "height": "4156", "width": "2580", "jp2-path": "formationofstate00park_0_0102.jp2"}, "103": {"fulltext": "80\\nihe ordinance of the first named Convention, passed the 20th of\\nAugust last making forty-one Counties. That ordinance ordered\\nthe last named Convention, and prescribed specifically its powers\\nand duties, viz To form a Constitution for the government of\\nthe proposed new State that is, for the forty-one Counties, and no\\nmore. By this ordinance the last named Convention was absolutely\\nbound. It had no power, of itself, to extend the bounds one inch\\nbeyond the forty-one Counties. All that has been done by that Con-\\nvention in relation to including the Counties of McDowell, Mercer,\\nMonroe, Gieenbrier and Pocahontas, absolutely; or Pendleton,\\nHardy, Hampshire, Morgan, Berkeley, Jefferson and Frederick, con-\\nditionally, (for Hardy and Hampshire elected to take this position,)\\nis nothing more than an expression of the wish of the Convention to\\nthe Legislature, and has no other force. The Legislature represents\\nin a subordinate capacity, the loyal people of all Virginia and the\\nquestion arises can this Legislature change the boundaries\\nThere is serious doubt in our mind s whether any body short of a\\nConvention representing the whole people of Virginia, in their sov-\\nereign capacity, h as the power to ch ange them under the present or-\\nder of things. It is true that the 3d Sec. of the 7th Art. of the U.\\nS. Constitution requires only the consent of the Legislature of the\\nState proposed to be divided, and of Congress, in order to erect a\\nnew State within the bounds of an old one. Yet, as the Convention\\nwhich assembled on the nth of June last represented all the loyal\\npeople of Virginia, in whom was vested the sovereign power, and\\nrepresenting the people in their sovereign capacity, restored and re-\\norganized the Government by causing to be convened on the 1st of\\nJuly a Legislature and at the same session; and in the exercise of\\nthe same sovereign power, passed the ordinance of the 20th of\\nAugust last, consenting to a division, and establishing the boundaries,\\nwithout delegating to that Legislature any power to Change them is\\nit competent for the Legislature, whose powers must be taken to be\\nsubordinate to the powers of such a Convention, now to change them\\nCertainly not, unless the powers of the Legislature are superior to\\nor co-ordinate with the powers of such a Convention, unless the\\ncreature s, are superior to, or co-ordinate with, the pow er sof the creator,\\nwhich cannot be. Nor can the fact that the Federal Constitution\\n(though the supreme law of the land within the scope of its powers)\\nmakes the consent of the Legislature sufficient to such a new State\\nwithin the bounds of the old one, change the relative powers of the\\nM", "height": "4160", "width": "2516", "jp2-path": "formationofstate00park_0_0103.jp2"}, "104": {"fulltext": "90\\ntwo bodies, at least so far as the people of Virginia and the fixing of\\nthe boundaries are concerned. As to these, the people have spoken\\nin their sovereign capacity, and the Legislature and all other inferiors\\nmust obey. In order, however, to conform to the letter of the Con-\\nstitution, and especially to the requirements of the 8th Section of the\\nOrdinance passed on the 20th of August last, the Legislature should\\nbe convened, and give its consent to said division, conformably to\\nthe bounds fixed by said ordinance, excluding, however, the counties\\nof Hardy and Hampshire, agreeably to their express election.\\nThe counties of McDowell, Mercer, Greenbrier, Monroe and Poca-\\nhontas lie on this side of the ridge of the Alleghanies, and there exists\\na commercial and military necessity for including them within the\\nnew State and upon this ground, and as then advised, we advocated\\nand voted for recommending to the Legislature to include them,\\nwhich it should do, if it concludes it has the power. But we oppos-\\ned by advocacy and vote, any recommendation to the Legislature, to\\ninclude the other seven Counties, which lie on the other side of the\\nAlleghanies, that natural barrier First/ because they lie on the other\\nside of that natural boundary, and have little or no commercial or\\nbusiness connection with us second, because their inclusion would\\nmore than double the number of slaves, include a people whose in-\\nterests and feelings are not homogenous with our own, and who had\\ngiven no evidence whatever of a desire to be included and third,\\nbecause in a military point of view, it would give a frontier along Old\\nVirginia and Maryland, both slave States, of about 700 miles, in the\\nplace of only about 35 or 50 miles, from the southwest corner of\\nPendleton, straight up the Alleghany ridge, to the Fairfax Store.\\nBut we were out-voted by reason of the interest and influence of the\\nBaltimore and Ohio Railroad, and had to submit. Our conviction\\nwas then that the success and prosperity of the new State depended\\nupon stopping at the ridge of the Alleghanies, and of making ours\\na free State and the votes of the delegates from Hampshire and\\nHardy afterwards, upon the emancipation clause, confirmed that\\nconviction.\\nWe believed then, and are confident now, that that was the only\\nway to harmonize the views of our own people and Congress so as\\nto insure success and the failure in this is the very rock on which\\nthe enemies have hoped all along, to wreck the entire new State\\nproject.", "height": "4160", "width": "2656", "jp2-path": "formationofstate00park_0_0104.jp2"}, "105": {"fulltext": "91\\nThe instructions by the people, as proposed, and the fidelity and\\ncourage on the part of the members of the Legislature that reside on\\nthis side of the Alleghanies, can alone save it from such a wreck.\\nOne word more, and we say it with profound deference and re-\\nspect, touching the important duties it will impose upon these mem-\\nbers of the Legislature. Whilst they are members of a Legislature\\nwhich represents all the loyal people of Virginia, they will be under\\nthe instruction of their immediate constituents the loyal voters of\\nthe Cis-Alleghany. We should scorn to ask or expect them to do\\nany act that is not just and honorable to the whole State. But if\\nthe instructions shall be such as to evince a conviction in the minds\\nof a majority of their loyal constituents that the gradual emancipa-\\ntion proposed is necessary to secure the success of the new State in\\nCongress, they will not shrink from the responsibility of adding it\\nabsolutely, as the authorized agents of such constituents, or subject\\nto a subsequent ratification by the people,\\nThe idea that the people on this side the Alleghanies ought to\\nshape the internal structure of their government to suit the tastes,\\nprejudice or whims of outsiders except so far as shall be necessary\\nto insure the approval of the Legislature and Congress, and not their\\nown best interest is simply absurd and will only excite the deris-\\nion of the old and other border States, thus sought to be conciliated.\\nLet the people simply be true to themselves and their own best in-\\nterests, and they will secure the esteem and respect of the loyal and\\ngood everywhere.\\nWe perceive that the Schedule makes it the duty of the Commis-\\nsioners to submit the Constitution to the qualified voters of fifty-one,\\ninstead of the forty-one Counties which comprise, according to the\\nordinance, the proposed new State, and also the nth Section of\\nthe Schedule commands the Commissioners in case the Convention\\nshall be re-convened, to take the necessary steps to secure a repre-\\nsentation from the fifty-one Counties in the Convention, all of which\\nis in direct violation of the Ordinance passed the 20th of August\\nlast, and therefore void and, if our reasoning is correct, the Legisla-\\nture has no power to give it validity. These provisions were insert-\\ned in the Schedule after we left the Convention.\\nWhat a pity, that after rearing so goodly a structure the friends\\nand the foes should have united in keeping out the key stone of the\\narch, on which the whole depends. The Legislature, in obedience to", "height": "4144", "width": "2516", "jp2-path": "formationofstate00park_0_0105.jp2"}, "106": {"fulltext": "92\\ninstructions we confidently hope and expect to see given, \\\\vill }iave\\nthe high honor of putting in its place the stone which the builders\\nrejected, and thus averj: the impending fall of a structure that has\\ncost so much and on which so much depends.\\nLet the people then rise in the majesty and strength with which\\nGod and the wise and good Fathers have clothed them vote, one\\nand all, for the Constitution and the proposed Instructions, and if\\nenemies oppose, remove them. Cabell.\\nI think the loyal people of Upshur County, to whom copies of\\nthe Instructions had been forwarded, were first to respond, which\\nthey did with the downright earnestness, so characteristic of them at\\nthat period, at a large mass meeting, held at Buchanan the 17th of\\nMarch, of which the Intelligence? of the 24th of same month gave\\nthe following account, with its approval and earnest recommendation.\\nUPSHUR COUNTY ON THE CRISIS\u00e2\u0080\u0094 SHE COIVfES BRAVE-\\nLY UP TO THE WORK, AND TALKS RIGHT OUT IN\\nMEETIN \u00e2\u0080\u0094PATRIOTIC RESOLUTIONS/\\nPursuant to previous notice there was a grand turnout of the peo-\\nple of Upshur County, at Buchanan, their County seat, on Mon-\\nday, the 17th of March, 1862, (that being the first day of the quar-\\nterly Court,) to take into consideration w 7 hat should be their action\\nin regard to the adoption of the Constitution, recently adopted by\\nthe Convention at Wheeling, for the new State of West Virginia. At\\nnoon, the Court having taken a recess, the people assembled at the\\nCourt House. Whereupon, on motion of F. Berlin, Esq., Dr.\\nDavid S. Pinnell, was unanimously elected President of the meet-\\ning, who upon taking the Chair delivered an able address to the\\nmeeting fully explaining the objects and purposes of the meeting,\\nand urged the people to speak out fully and freely their sentiments\\nupon all subjects under consideration, either pro or con, without fear,\\nfavor or affection. On motion, C. P. Rohrbaugh, Esq., was unani-\\nmously elected Secretary. D. D. T. Farnsworth, Esq., moved a\\nCommittee of twelve, consisting of three from each magisterial dis-\\ntrict be appointed by the Chair to report business for the meeting,", "height": "4156", "width": "2588", "jp2-path": "formationofstate00park_0_0106.jp2"}, "107": {"fulltext": "93\\nwhich motion was adopted. Whereupon the President appointed the\\nfollowing gentlemen on said Committee, namely\\nFirst District R. Fretwell, N. B. Warmsly and Lair. Dean.\\nSecond District C. B. Loudin, Lewis Karickhoff and Job\\nHinkle.\\nThifd District F.Berlin, D. D. T. Farnsworth and N. C.\\nLoudin.\\nFourth District Samuel Wilson, C. S. Haynes and Ashley\\nGould.\\nThe Committee then retired to perform its duties, and during its\\nabsence Spencer Dayton, Esq., of Barbour County entertained the\\nmeeting with an able address upon the various topics under con-\\nsideration.\\nThe Committee after having been absent some time returned and\\nreported the following preamble and resolutions\\nWhereas, It is the desire of the people of West Virginia to or-\\nganize themselves into a new State as a loyal State of this Union,\\nwith a view of securing to themselves the largest amount of liberty,\\nsecurity and prosperity. And whereas it is the further desire of the\\npeople to aid the General Government in suppressing the present\\niniquitous rebellion in the Southern States of this Union, therefore,\\ni st Resolved, That we do most heartily endorse the pplicy adopted\\nand pursued by the Administration at Washington, to suppress and\\ncrush out the present unrighteous and wicked rebellion, and to re-\\nstore our national Union.\\n2d. That we, the citizens of Upshur County, do endorse and ac-\\ncept the policy recommended by the present Chief Magistrate of the\\nUnited States, (Abraham Lincoln,) in his message of the 6th of\\nMarch, 1862, to Congress, in regard to the emancipation of the\\nslaves of the Border States, as the policy that should be adopted by\\nthe people of West Virginia; and we do now pledge ourselves to\\nadvocate, defend and carry out the said policy, as most promotive of\\nour liberty, safety and prosperity in the Union.\\n3d. That we had hoped and expected that the late Convention to\\nframe a Constitution for the new State, would have given the people\\na chance to express their sentiments upon the subject of slavery in\\nthe proposed new State. And believing as we do, that a decided", "height": "4160", "width": "2512", "jp2-path": "formationofstate00park_0_0107.jp2"}, "108": {"fulltext": "94\\nmajority of the people are in favor of gradual emancipation, we there-\\nfore regard the action of the said Convention as not reflecting the\\nWill of the people.\\n4th. That we will open a separate poll book for this County, in\\norder to enable the people to express their preferences for or against\\nslavery within the proposed new State, when called upon to vote upon\\nthe proposed Constitution and we earnestly invite our fellow-citizens\\nthroughout the proposed new State to open poll books for a like\\npurpose.\\n5th. That we deprecate and detest the insulting efforts of those\\nwho are now striving to intimidate our purpose by denouncing as\\nabolitionists those who, to promote the prosperity of West Virginia\\nand develop its natural resources, advocate the exclusion of the in-\\nstitution of slavery from the proposed new State.\\n6th. That we regret the course of some of our newspapers that\\nare daily agitating the question of slavery with as much zeal as do\\nJthe rebel papers of the South, or the extreme abolition papers of the\\nNorth. And this, too, by a set of cowardly newspaper writers and\\neditors, who would not risk a hair of their heads in defence of the\\nUnion.\\nThe resolutions were then read to the meeting and were unani-\\nmously adopted with the greatest enthusiasm.\\nOn motion of R. Fretwell, Esq., it was\\nResolved, That the President and Secretary sign the proceedings\\nof this meeting, and that the newspapers of Wheeling, Parkersburg,\\nClarksburg, Fairmont, and the National Intelligencer be requested to\\npublish the same.\\nAfter the adoption of the foregoing resolutions, D. D. T. Farns-\\nworth, Esq., being loudly called for, appeared upon the stand and\\ndelivered a most able and telling speech upon the various topics be-\\nfore the meeting, which was cheered by a hearty roar of applause\\nfrom the entire house, and produced the greatest enthusiasm among\\nthe people.\\nD. S. Pinnell, President.\\nC. P. Rohrbaugh, Secretary.\\nThis set the ball in motion. The loyal people of other Counties\\nsoon after followed, together with several of the loyal papers, either", "height": "4156", "width": "2560", "jp2-path": "formationofstate00park_0_0108.jp2"}, "109": {"fulltext": "by copying the Instructions/ with commendation, or, approving\\nand recommending the measure proposed. Though it appears Ohio\\nCounty made no arrangement for the informal vote of instruction till\\na day or two before the election, April 3d.\\nThe opposition became alarmed, and spared no pains to prevent\\nsuch an expression being made. They made every effort to squelch\\nit altogether. Notwithstanding, on the day of election, April 3, 1862,\\nthe informal poll was opened in about twenty Counties, and the\\nvote for gradual emancipation was nearly equal to that for the Con-\\nstitution as proposed, both being nearly unanimous.\\nI give the following returns as samples of the way the vote stood\\nin Counties where separate polls were opened, in all, or some precincts:\\nPreston, for the Constitution, 1493, against, 11 for Emancipation,\\n1320, against, 93. Upshur, for the Constitution, 719, against, 2 for 1\\nEmancipation, 594, against, 13. Monongalia, (Senator Willey s*\\nCounty,) for Constitution, 1148, against, 17 for Emancipation, 649/\\nagainst, 185. Marshall, for Constitution, 1053, against, 34 for Eman-\\ncipation, 795, against, 71. Ohio, for Constitution, 1023, against, 31\\nfor Emancipation, 875, against, 54. Brooke, for Constitution, 292,\\nagainst, 45 for Emancipation, 248, against, 43. Hancock, for\\nConstitution, 225, against, 73 for Emancipation, 217, against, 44.\\nCabell, for Constitution, 269, against, 1 for Emancipation, 244,\\nagainst, 26.\\nThe following from the Wellsbufg Hej-cild arid Wheeling Intelli-\\ngencer^ show how this informal vote was regarded by these papers\\nand the public\\nFrom the Wellsbufg Herald, April 25, 1862.\\nTHE VOTE ON EMANCIPATION IN WEST VIRGINIA.\\nThe vote seems to have taken everybody by surprise, those friend-\\nly to gradual emancipation as well as those opposed to it. It has, in\\nthe eyes of the public outside of Western Virginia, completely over-\\nslaughed the vote on the adoption of the Constitution itself, though\\nthis latter was the thing regularly voted upon! The article printed in\\nthe Herald^ immediately after the election, commenting on the edu-\\ncationary effect of the war as displayed in the unlooked for majority\\nfor emancipation, has attained a wide publicity solely by the singu-\\nlarity of the facts and the importance of the result foreshadowed.", "height": "4160", "width": "2508", "jp2-path": "formationofstate00park_0_0109.jp2"}, "110": {"fulltext": "The attention of the loyal United States, and doubtless of the disloy-\\nal, has been turned by this vote, upon Western Virginia, and it is felt\\nto be a blow at slavery, and through it at rebellion, from the right\\nquarter, that cripples the rebellion more than the defeat of an army;\\nand at the same time indicates its suppression with a certainty, as to\\nthe manner, that is understood to be inevitable.\\nThe vote, be it always borne in mind, was taken under most ad-\\nverse conditions. In many counties, no vote was taken, for the rea-\\nson that parties high in authority did all they could to discountenance\\nit, in others it was not known that such a thing was contemplated, in\\nothers the conductors of the election did not see fit to trouble them-\\nselves with the matter, and no one else conveniently could, at many\\nprecincts where numbers of votes were cast for emancipation they\\nwere not returned through neglect, so that under the circumstances\\nthe aggregate of 6,052 to 610\u00e2\u0080\u0094 to to r, is fully as large as could be\\nreasonably expected. The vote for the Constitution itself was a\\nmeagre one 16,981 to 441, but the proportions in the different\\ncounties correspond sufficiently to indicate what would have been the\\nresult, had there been a full and regularly takeir poll:\\nThe vote will undoubtedly have a decided influence in Congress,\\nthough we do not think it will influence the majority in that body to\\nvote for the. admission of the new State with the Constitution as\\nadopted. It will, however, lead to the adoption of a free State\\nclause, pure and simple, in the Constitution, should the Convention\\nagain assemble, and will be regarded by the Legislature, which meets\\non the 6th, in the light of instruction as to its course in the matter.\\nIt will also satisfy Eastern Virginia, th at if the State maintains its in-\\ntegrity, slavery is doomed, and probably lead them to reflect whether\\nthe prospect of its perpetuity after the war is over, will justify a lon-\\nger continuance of a hopeless struggle.\\nFrom the Wheeling Ai teiligerncer, April 28, 1862\\nTHE POSITION OF THE NEW STATE QUESTION.\\nWe print this morning a communication signed by many citizens of\\nMarshal *County, which is chiefly interesting, as showing the temper\\nof the public mind on the question of a free State in West Virginia.\\n*This was one of the printed Instructions signed by 108 of Marshal s best riien.", "height": "4152", "width": "2564", "jp2-path": "formationofstate00park_0_0110.jp2"}, "111": {"fulltext": "97\\nPractically, the document can avail nothing with those to whom it is\\naddressed, viz the delegates from that County in the Legislature.\\nThe Legislature will assemble in this city on the 6th of May coming,\\nand their sole and only business can be, when they get here, to as-\\nsent or dissent to a division. That body can have nothing to do with\\nthe Constitution or any of its provisions or shortcomings, further\\nthan the Constitution bears upon the merits and demerits of the di-\\nvision question. The Legislature that meets will be the Legislature\\nof the whole State of Virginia, and it is called simply in pursuance\\nof that article of the Constitution of the United States, which re-\\nquires the consent of the Legislature of any State previous to a new\\nState being formed out of such State.\\nIt is a mistake, therefore, tcv suppose that the omission of the Con-\\nvention the great and serious omission which that body made, when\\nit refused to submit the free State clause to a vote of the people\\ncan be remedied by any power short of that Convention, or one sim-\\nilarly constituted. The Constitution as it is, without addition or sub-\\nstraction, must go to Congress, and it will be for that body to say\\nwhether or no they, will take, the will of the people of West Virginia\\nas informally expressed at the recent election, for. the deed, and in\\nconsideration of it, receive the new State into the L^nion.\\nThis is the way the whole question now stands, and we are sorry\\nfor it. We did our best to forwarn all whom it could concern, of\\nthe predicament in which we now find ourselves. We affirmed what\\nhas overwhelmingly proved true, that the new State people of West\\nVirginia were a free State people that they meant a free State when\\nthey voted for a division, and that nothing short of a free State\\nwould ever satisfy them, because nothing else would be of any use to\\nthem. But we had all sorts of higher and lower influence to fight on\\nthis belief, and in an evil hour our free State members of the Con-\\nvention suffered themselves to be drawn into a blind that completely\\noverslaughed the whole effort.\\nThe only thing that remains for us now to do, is to seek an admit-\\ntance from Congress as we stand. We are not entirely without hope\\nthat something can be done in that direction. The prospects are not\\nflattering, but we trust that the temper of debate in the Legislature\\nwill be such, when it comes together, as to brighten them. Much at\\nthis crisis in our affairs will depend on the way in which that body\\nacts with reference to the free State question. The members have it\\nN", "height": "4160", "width": "2508", "jp2-path": "formationofstate00park_0_0111.jp2"}, "112": {"fulltext": "98\\nin their power to rivet the good effects which the vote of the people\\nhas undoubtedly produced on Congress and the loyal States, and\\nthey also have it in their power to neutralize that effect by a resurrec-\\ntion in debate of all the old stale pro-slavery cant that was used by\\nsuch anti-new State and anti-free State people as the Wheeling Press\\nbefore the recent election.\\nWe hope for the best from the meeting of the Legislature. We\\nhope for a short session and a harmonious one. Brevity and unan-\\nimity are what are wanted. Let us go to Congress with all the pro-\\npitiating influence we can. We will need it all.\\nThe question wssy how to use this informal expression of\\nthe popular will, so as to satisfy Congress, The Legislature of the\\nre-organized Government of Virginia vjsas- summoned by the Governor\\nto meet the 6th of May, in extra session,, to give, or withhold its con-\\nsent to the proposed Constitution. The Mends proposed, in view of\\nthe recent popular expression, to ask the Legislature that was person-\\nally cognizant of this informal vote, while Congress was not to give\\nits consent, if given, upon the condition, the people should subse-\\nquently accept a gradual emancipation clause,, substantially, as Con-\\ngress afterwards did y and that body would follow^ It was feared the\\nLegislature might be as chary and timid on the subject, as the Con-\\nvention had proved, if not more so and known, the opposition was\\neverywhere on the alert. Still r we ventured to make the effort, and I\\nwrote and published the following articles ii the Wheeling papers,\\ngiving our views, and answering objections raised by the opposition.\\n[Letter to the Intelligencer.]\\nWHAT THE PEOPLE OF WEST VIRGINIA WISH AND\\nEXPECT THEIR REPRESENTATIVE SERVANTS, COM-\\nPOSING THE GENERAL ASSEMBLY, TO DO WHEN THE\\nGOVERNOR SHALL CONVENE THEM\u00e2\u0080\u0094 VIZ PASS, IN\\nSUBSTANCE, THE FOLLOWING RESOLUTIONS\\nW hereas, It has long been the desire of the people inhabiting the\\nportion of the State lying west of the Alleghany mountains to erect\\nthemselves into a separate State, and on the 20th of August last a", "height": "4148", "width": "2592", "jp2-path": "formationofstate00park_0_0112.jp2"}, "113": {"fulltext": "99\\nConvention of the people of Virginia assembled at the city of Wheel-\\ning, assented to a separation upon the terms and conditions set forth in\\nan ordinance passed on that da} 7 and authorized a Convention to be\\ncalled for the purpose of framing a Constitution for the proposed new\\nState, which has been done, and the Constitution having been appro-\\nved by a majority of the people voting thereon, is now submitted to\\nthis body for its consent and approval, agreeably to the Federal Con-\\nstitution and the provisions of said ordinance. But, it having now\\nbecome apparent that it is the unanimous desire of the loyal people\\nof the proposed new State that a clause for the gradual extinction of\\nslavery within its boundaries shall be incorporated, and also that the\\nCongress of the United States will not consent to a division and ad-\\nmission of the proposed State unless the Constitution contains some\\nprovision for the gradual and certain extinction of slavery within its\\nboundaries, and that without such provision an object so dear to our\\ncis-Alleghany people and beneficial to all, must fail this body, rep-\\nresenting the loyal people of Virginia, desire to consult and promote\\nthe best interests of every section Therefore,\\nResolved, That the consent of the General Assembly be given to\\nthe division proposed, upon the condition that the following provision\\nbe made a part of the Constitution (which it shall .become as soon as\\nratified by a majority of the qualified voters in the proposed State that\\nshall vote thereon), viz\\nAll children born of slave mothers in this State, after the Constitu-\\ntion shall go into operation, shall be free, males at the age of 28 years\\nand females at the age of 18 years, and the children of such females\\nto be free at birth.\\n2. Resvlmedv That a copy of these resolmtions, with the Constitution,\\nbe forthwith transmitted to the Congress of the United States, with\\nthe request that that body giv\u00c2\u00a3 its consent to proposed division, and\\nadmit the new State ufian the terms and conditions above stated*\\n3. Resolved, That as soon as Congress shall so consent and admit\\nthe proposed State, it shall be the duty of the Governor to appoint a\\nday and make suitable provisions for taking the vote of the qualified\\nvoters of the proposed State upon the question the cost thereof to\\nbe charged to the new State.\\nI said in a former communication, that the nigger fogy leaders in-\\ntended to wreck the new State project upon a failure to harmonize\\nthe views of our people with the views of Congress upon the subject", "height": "4160", "width": "2516", "jp2-path": "formationofstate00park_0_0113.jp2"}, "114": {"fulltext": "ioo\\nof slavery. These fogy leaders have always, in their hedfft, opposed,\\na new State. They opposed it at the commencement, when Mr. Car-\\nLisle and a few other bold men pushed through the ordinance of the\\n20th of August last, against an opposing host of these old fogies, who\\nthen were openly opposed to the new State. These then looked for-\\nward to a time when the Wheeling Government should be recognized\\nover the entire State, and they (Wise, Hunter, Mason Co. being\\ncrushed out by the Federal power) would enter Richmond as. the\\nleaders of the entire State. This is what they desire now. But as\\nsoon as they found a large and earnest majority of the people were\\nfor a new State, what were they to do openly oppose Certainly\\nnot for by so doing they would go under. They meant to do just\\nwhat they are now attempting to do, viz Profess and pretend to be\\nfor the new State, and by such false pretences retain the confidence\\nof the people and the leadership of the measure, until they should be\\nable to wreck the whole project upon the breaker I have before men-\\ntioned. If they really desired a new State, why did they contend in\\nthe Convention for taking in the whole Valley, with 60,000 slaves,\\n\u00e2\u0096\u00a0with which Congress could never have been reconciled Why refuse\\nto submit the gradual emancipation clause to the decision of the peo-\\nple Why combine their whole efforts and go wandering about the\\nState, to prevent the people expressing their wishes in regard to the\\ngradual emancipation clause Why were James H. Brown and\\nJohn Laidly, while holding Courts in Wayne and Cabell Counties,\\nall the time warning the people against having anything to do with\\nthe subject reiterating anew what every sane man knows to be false\\nthat such an expression was unnecessary to secure admission by\\nCongress Why should John Hall, President of the Wheeling\\nConvention, visit Ceredo during that Court, and hold consultation\\nwith Brown and Laidly Why should James H. Brown advise\\nCol. Lightburn to suppress all expression in his Regiment on th\u00c2\u00a9\\nsubject Why did Colonel Lightburn withhold the instructions from\\nthe legal voters under his military charge on the day of election, when\\nthe Colonel had been furnished, two weeks previous, with a printed\\ninstruction and letter explaining the necessity of taking the sense of\\nthe people on the question Why did James H. Brown advise the\\npeople of Barboursville that it would do much hurt and that it Was\\nonly a scheme of ambitious demagogues Why did John Laidly\\ncome before the Commissioners while holding the election at Guyari-\\ndotte, pale and shaking with rage, while the people were voting in fa-", "height": "4152", "width": "2572", "jp2-path": "formationofstate00park_0_0114.jp2"}, "115": {"fulltext": "iul\\nVor of the clause, and declare the instruction to be unauthorized and\\nimproper, and use all the means in his power to suppress their ex-\\npression on the subject All these things I stand ready to prove by-\\nunimpeachable witnesses. Was it the fear on their part that the ex-\\npression of the people would be adverse to gradual emancipation, and\\nso injure our case before Congress Or was it exactly the reverse\\nWhy was it that wherever any of these old fogies lived or exercised\\ntheir influence the people had no chance to express their minds on\\nthe subject; while at every point throughout the entire State, where\\nthe people had a chance to express their minds, their votes were\\nnearly or quite as unanimous for gradual emancipation as for the Con-\\nstituton. Look at Mason, Kanawha, Wood and their other nestling\\nplaces Jackson, Roane, Wayne, and other counties that come within\\ntheir benumbing influence.\\nBut the election has demonstrated two great facts which now stand\\nOut as clear and prominent as the cloudless sun at noon day, viz that\\nnine-tenths of the loyal people desire gradual emancipation and the\\nnew State and 2nd, that these nigger fogy leaders don t mean to let\\nthem have either, but mean to wreck the whole project by keeping the\\nConstitution in such shape that Congress will not approve it.\\nHow vain and shallow their efforts for the thunder tones in which\\nthe people have spoken at all their various points throughout the\\nState where they had a chance, affords conclusive evidence that all\\nthe loyal people of the State are of the same mind and will so express\\nthemselves as soon as removed from under the shadow of the raven\\nwings of the fogy leaders and at the same time they have unmasked\\nthemselves and revealed their nefarious purposes, viz to place the\\nneck of West Virginia again under the yoke of a slave oligarchy.\\nThey know that if the Constitution goes to Congress as it is, it will\\nbe rejected, and the Convention will have to be called together again\\nfor the purpose of inserting the Gradual Emancipation clause then\\nit will have to be again submitted to the people, agreeably to the 6th\\nsection of the ordinance of the 20th of August last; and then again\\nlaid before the Legislature, which will have to be again convened for\\nthe purpose and before all this can be accomplished, Congress will\\ncertainly have adjourned without having acted upon the subject, ex\\ncept to reject it in the first instance. Congress and the Virginia\\nLegislature will convene again on the first Monday of December next.\\nIn that Legislature the whole of East Virginia will probably be represent-\\ned, and all the plagues that we^e heaped upon Pharoah will not make", "height": "4156", "width": "2508", "jp2-path": "formationofstate00park_0_0115.jp2"}, "116": {"fulltext": "102\\nthem let West Virginia go. And if a previous Legislature shall have\\nconsented, (Congress not having approved,) this new Legislature will\\nhave the power, and the will too, to repeal and annul such consent.\\nAnd the new State will be forever lost, (except the ordinance of\\nthe 20th of August, and the unanimous ratification by the people,\\nwith the action of Congress, can still save it.) I stand ready to prove,\\nby unimpeachable witnesses, that these leaders have admitted that\\nthey do not expect nor believe that Congress will admit the new\\nState for the present, and I have shown what must be the inevitable\\nconsequences.\\nNow the way I propose to obviate all the difficulties and secure the\\nnew State, is for the Governor to convene the present Legislature at\\nonce let that Legislature give its consent, with the condition that\\nthe gradual emancipation clause shall become a part of the Constitu-\\ntion,, as soon as ratified by the people let Congress, at its present\\n.\u00e2\u0080\u00a2session, give its consent and admit the new State, on the same condi-\\ntion, and the people ratify afterwards. As soon as Congress shall\\ngive its consent, (though with the condition,) it places the subject be-\\nyond the repealing power of any subsequent unfriendly State Legis-\\nlature.\\nThe 3rd Section of the 4th Article, Federal Constitution, requires\\nthe consent of the Legislature. The conditional consent, I propose,\\nanswers this requirement and if any of the fogy leaders deny it, I\\nchallenge their reasons.\\nWhat, then, do these leaders really desire To procure the admis-\\nsion of the new State into the Union, under the guise of a lamb, when\\nthey really believe it to be a wolf\u00e2\u0080\u0094 a free State people, when they be-\\nlieve it to be a slave State, and that, if permitted to speak, the people\\nwill so declare themselves This would imply a fraud on the part of\\nthe leaders. Do they believe it will throw the people into a tempest\\nof excitement, as they contended in the Convention it would or is\\ntheir real motive what many have admitted it to be in their declara-\\ntion, that they do not expect or believe Congress will admit the new\\nState for the present No new State, if they can prevent it, is their\\nreal purpose^\\nThe valuation of the real estate in the proposed new State is about\\nninety million dollars. All admit that the erection of the new State\\nwill double its value. Do the fogy leaders suppose the future increase\\npi 2,000 slaves is to be permitted to stand in the way of a gain of", "height": "4160", "width": "2564", "jp2-path": "formationofstate00park_0_0116.jp2"}, "117": {"fulltext": "103\\nninety million dollars to the landholders, especially after the Federal\\nGovernment has offered to pay the loyal owners of the slaves, and the\\nenhancement of their oivn lands will indemnify a hundred fold for\\nevery possible loss.\\nWhile representing the largest tax-paying real estate in the propos-\\ned new State, I, for one, answer never and I say to my fellow-land-\\nholders throughout the proposed State that if we succumb, the Federal\\nGovernment ought to look upon us as incapable of self-government,\\nand ought at once to establish a Provisional government over West\\nVirginia; and take care of a people who have shown an entire inability\\nto take care of themselves.\\nI dislike to be personal, or say anything to injure the feelings of\\nindividuals, but the present occasion, and the necessity of unmasking\\nindividuals who are laboring to crush out the last and only hope for\\nthe loyal people of West Virginia, demand it.\\nG. PARKER.\\nGuyandotte, April ii, 1862*\\n[Letter to the Intelligencer, April 26th, 1862.]\\nTHE NEW STATE\u00e2\u0080\u0094 AND NEXT STEP TO BE TAKEN.\\nIt is now clear that a large majority of the votes east upon the\\nConstitution question, within the forty-four counties, is in favor of its*\\nadoption.\\nSection 5th of the Schedule make-s it the duty of the officers con-\\nducting the election in any precinct to ascertain as early as practica-\\nble after the election, the vote in their respective precincts, and cer-\\ntify and return the same, as soon as practicable,, to the persons con-\\nducting the election, at the Court House precincts, who shall ascer-\\ntain and certify the result to the ComimissioneFS appointed by the\\nConvention. This, I presume, has all been done before this time.\\nThe next step to be taken, then, is for these Commissioners to as-\\ncertain the aggregate vote, and if a majority be found to be in favor\\n\u00c2\u00a9f the Constitution, to certify the result to the Governor, and request\\nhim to convene the Legislature, and lay the result before that body\\nfor its consent..", "height": "4152", "width": "2500", "jp2-path": "formationofstate00park_0_0117.jp2"}, "118": {"fulltext": "104\\nThe 8th Section of the Schedule reads thus\\nThe Commissioners hereby appointed shall take such steps, and\\ndo all such things as they shall deem expedient to procure, as soon\\nas possible, the consent of the General Assembly and Congress to\\nthe formation and erection of the State of West Virginia.\\nIn view of the manifest meaning and spirit of this clause, no one\\ncan doubt what the duty of these Commissioners requires them to do\\nin order to make safe the new State. How will some members of this\\nCommission reconcile with this clause their efforts to suppress the\\nvoice of the people upon the gradual emancipation question at the\\nlate election Did they really believe that such a course would se-\\ncure the most speedy success of the new State If they did, they\\ncertainly differ from nearly everybody else.\\nThere is nothing contained in the 4th Section of the Schedule that\\nwill justify further delay on their part, whatever their private inclina-\\ntions may be.\\nOur Governor will need no other suggestion on this subject, but to\\nrely upon himself in this and other matters, and not upon the advice\\nof interested demagogues, civil or military. He must comprehend\\nthe necessity for speedy action on the subject, (as everything he and\\nall, that will, must ^\u00e2\u0080\u0094depends upon securing the favorable action\\nof Congress at the present session and that his friends, for the pres-\\nent at least, are Cis-Alleghanians and new State men.\\nI perceive the papers, and yours among the rest, seem to think that\\nthe very unanimous vote of the people in favor of the gradual eman-\\ncipation clause (wherever they were permitted to speak at the last\\nelection is all that will be required to insure a speedy admission by\\nCongress. Never was there a greater mistake. Congress will never\\ntrust a people (one half of whom are rebels, open or covert) that have\\nshown themselves so liable to be duped and misrepresented on the\\nsubject of slavery, as our people were in the choice of delegates to\\nthe late Convention. The total want of confidence in, and respect\\nfor, the intelligence and wishes of their constituents, manifested by\\nsuch membeis as opposed the reference of the gradual emancipation\\nclause to the decision of their masters, the people, Congress will not\\noverlook or ignore. They will naturally and properly infer that the\\nsame people will sutler themselves to be duped and misrepresented\\non this question in future, by the negro fogy leaders, and thereby the\\nelement of slavery will be made perpetual in the new State, and pro-\\nslavery Senators represent it in Congress.", "height": "4160", "width": "2564", "jp2-path": "formationofstate00park_0_0118.jp2"}, "119": {"fulltext": "105\\nNothing short of the incorporation of the gradual emancipation\\nclause by the Legislature in the Constitution itself\u00e2\u0080\u0094 either absolutely\\nor upon condition that the people shall ratify afterwards, will secure\\nfor the new State a hearing before Congress. Let us not be lulled or\\ndeceived, but keep our eyes constantly on the straight and narrow\\npath which can alone lead our new State into the Federal Union, viz\\ninstruct our servants in the Legislature when it shall convene, to give\\nits consent on condition that the gradual emancipation clause shall\\nbecome a part of the Constitution as soon as ratified by the people\\nand Congress will consent and admit at once upon the same condition,\\nand the people will ratify after, and the new State will be saved\\notherwise lost Respectfully,\\nG. PARKER.\\nP. S. Every Senatorial and Delegate vacancy throughout the new\\nState, should be filled at once by the right men, and all our Cis- Alle-\\nghany representatives thoroughly instructed. G. P.\\nCOL. LIGHTBURN S LETTER TO THE INTELLIGENCER.\\nCeredo, Va., April 30, 1862.\\nEditors Intelligencer I saw a communication in your paper, a\\nshort time since, in which one G. Parker has taken the liberty to\\nuse my name in connection with the late election for the Constitution\\nof the new State, known as West Virginia. He seems to charge me\\nwith suppressing some instructions sent me by him. Now I would\\njust say that, so far as instructions upon that question is concerned,\\nI was not aware, at that time, neither am I now, that the Convention\\nauthorized such instructions. I had not been notified by any of the\\nofficers of the Convention, that such instructions should be obeyed.\\nAnd, furthermore, I conceive it to be no part of my duty, as an officer\\nof the army, to dabble with political questions.\\nIt should be the object of all to use their best endeavors to sup-\\npress this rebellion, to restore that peace we once enjoyed as a Na-\\ntion. This is an object, to me, paramount to all things else, and as\\nfar as Mr. Parker is concerned, I have no further notice to take of\\nwhat he has, or what he may say upon that subject.\\nI. A. J. LIGHTBURN,\\nCol. 4th Va. Vol. Infy., U. S. A.\\nO", "height": "4156", "width": "2516", "jp2-path": "formationofstate00park_0_0119.jp2"}, "120": {"fulltext": "106\\n[Letter to the Intelligencer.]\\nTHE VIEWS OF THE CONVENTION ON THE RIGHT OF\\nTHE LEGISLATURE TO GIVE A CONDITIONAL COX-\\nSENT.\\nI would remind the members of the Legislature about to convene,\\nand the people, of the resolutions drawn up and presented to the\\nConvention on the ioth day of February last. The first resolution\\nreads thus\\nResolved, as the opinion of this Convention, That, if the Legisla-\\nture of Virginia shall, at its present session, pass an act giving the\\nconsent of the Legislature to the formation and erection of the pro-\\nposed new State within the present jurisdiction of the State of Vir-\\nginia, but suspending the- operation- of the- said act until the Governor\\nof the. said State shall, by proclamation,- declare that the people re-\\nsiding withim the limits of the proposed new State have adopted the\\nConstitution, to be proposed by the Convention in the^manner there-\\nin set forth, such consent would, upon the issuing of the said procla-\\nmation,. be- to all intents and purposes, the consent of the Legislature\\nrequired by the 3d Section of the Article of the Constitution of the\\nUnited States.\\nThe Legislature is here asked as it was about adjourning, and ten\\ndays before the Constitution was finished,- to give its consent to the\\nproposed division* but that consent was to have depended upon the-\\nhappening of the following events.\\nFit st, That the Convention should complete a Constitution to be*\\nsubmitted to the people, and second, that the people should adopt the\\nsame, and the result of their vote be proclaimed by the Governor,,\\nand still this consent in the sense-of that resolution would be, to alL\\nintents and purposes such a consent as the Federal Constitution re-\\nquires.\\nI agree with the resolution that such consent would satisfy the*\\nclause in the Federal Constitution, but not the 8th Section of the or-\\ndinance of the Convention, passed the 20th of August last, for that\\nrequires that the result of the people s vote upon the Constitution, if\\nin tavor of it, shall be laid before the Legislature, thereby clearly im-\\nplying that the Legislature should not act upon the question until the\\npeople should have expressed their sense upon it. It was for the", "height": "4156", "width": "2576", "jp2-path": "formationofstate00park_0_0120.jp2"}, "121": {"fulltext": "107\\nreason that the iresolutioii violated this provision of the ordinance\\nthat I voted against it and for the same reason, if I have been\\nrightly informed, the Legislature refused thus prematurely to give its\\nconsent and not far the reason -that it would not satisfy the letter and\\nspirit of the Federal Constitutive. Mr. Ruffner moved an amend-\\nment which was agreed to, not affecting however, the substance of\\nJhe resolution, and it the a passed the Convention by a vote of 39 to\\n7, the .following named members voting in its favor:\\nJohn Hall, (President,) Brown, of Preston Brumfield, Bat-\\ntelle, Caldwell, Carskad@n, C@\u00c2\u00aek, Bering, Dilley, Dolly,\\nHaxsley*, Hall-, of Marion Haymond, Hubbs, Hervey, Hager,\\nHobacki, Irving, Lamb, Lauck, Mahgn, O Brien, Parsons, Pow-\\nell, Pomr\u00c2\u00aey, Ruffner, Ryan, Sinsil, Simm@ns, Stevenson, of\\nWood Stewart, of Wirt Stuart, of Doddridge Sheets, Soper,\\nSmiih, Taylor, Van Winkle, Warden, Wilson.\\nNow the members of the Convention, who voted in favor of this\\nresolution, will not, I trust, object to the Legislature now having the\\nright under the Federal Cdftsiitution to give fits consent on the terms\\nnow proposed, which is, in substance, simply this.; For the Legisla-\\nture to give its consent to take effect as soon as the qualified voters\\nof the proposed State, shall, by their ratification, make the gradual\\nemancipation clause (as proposed and defined,,) a part of the Consti-\\ntution. Congress will, at once, endorse the same, as it secures, with\\nmathematical certainty, a free State. If the people afterwards com-\\nply wktt the condition and ratify the clause (to be submitted as the\\nGovernor shall provide) the new State becomes to all intents and\\npurposes formed and erected and a member of the Federal Union.\\nBut if the people shall fail to add the clause to their Constitution by\\nratifying the same then the consent both of the Legislature and of\\nCongress goes for nothing and the State of Virginia remains unchang-\\ned, except the ruins of rebellion in the East, and the disgrace of a\\nmost stupendous farce played out in the West,\\nNone of the objections exist now to the Legislature s adopting the\\ncourse proposed, which existed last Winter. Then the character and\\nnature of the Constitution to be assented to were in a great measure\\nunknown, as the instrument had not been completed or published,\\nexcept by piece meals in the Daily Press, and that still subject to\\nrevision by the Convention.\\nNow the instrument with the proposed addition is definite, certain,", "height": "4160", "width": "2508", "jp2-path": "formationofstate00park_0_0121.jp2"}, "122": {"fulltext": "108\\nincapable of future change and understood by all. The Legislature^\\nnow sees exactly what it has to consent to, and what is the earnest\\nand express desire of the people to have done in the premises. For\\nthe people have spoken as emphatically in favor of the additional\\nclause as of the Constitution. They want the two combined. The\\nLegislature was urged to act thus prematurely last winter, for the sake\\nof avoiding the expense of having to be convened over again. The\\nsame body is now urged to act upon a full knowledge and under-\\nstanding of the whole matter, including the wish of the people, the\\nPresident and Congress, so emphatically expressed, for the sake of\\navoiding the expense of convening both the Convention and Legisla*\\nture again, the total loss of the new State, and the immense amount\\nof time, labor and money which have been expended about it.\\nG. PARKER,\\nGuyandotte, May i st, i 86 2.\\n[Letter to the Intelligencer, May J, 1862.]\\nHOW CAN THE NEW STATE BE SAVED A CONDI-\\nTIONAL CONSENT BY THE LEGISLATURE PROPOSED,\\nI had supposed no friend of the new State could of\\nWould question the right of the Legislature to give its consent\\nconditionally, however he might view the exercise of that right at this\\ntime, until I read the remarks in your paper of Monday. That the\\nfogy leaders would covertly start all sorts of objections, hobgoblins,\\nand chimeras dire, to frighten weak-kneed legislators as they had\\ndone weak-kneed delegates in the Convention, none of us doubted.\\nBut when a paper as respectable and influential as yours intimates a\\ndoubt, it demands a seasonable and candid reply.\\nI propose to consider, 1st, the question of right, and 2d, the exped-\\niency of the Legislature exercising that right at this time.\\nSection 3d, article 4 of the Constitution of the United States, reads\\nthus New States may be admitted by the Congress into this Un-\\nion but no new State shall be formed by the junction of one or more\\nStates or parts of States, without the consent of the Legislatures of the\\nStates concerned, as well as of the Congress. The ordinance passed\\nthe 20th of August, by the people of the whole State, assembled in", "height": "4152", "width": "2652", "jp2-path": "formationofstate00park_0_0122.jp2"}, "123": {"fulltext": "their sovereign capacity in Convention at Wheeling by their delegates,\\nmade the division and fixed the boundaries, which the people of the\\nproposed new State ratified, the 24th day of October, by a vote of\\n18,408 for, and 781 against. This ordinance presented no prerequis-\\nites, supplemental to the before mentioned clause of the Federal\\nConstitution, except that the new Constitution and the vote of the\\npeople thereon, should be laid before the Legislature at the time its\\nconsent was asked, in conformity to the Federal Constitution.\\nThe before quoted clause of this Constitution is all we have to look\\nto. What then is the meaning of this clause in relation to erecting\\nnew States out of old ones. At the time the Federal Constitution\\nwas formed, the Union consisted of thirteen States, Virginia being the\\noldest. Each of these States had its State-government, its boundaries\\ndefined, and each to be entitled to two Senators in the U. S. Senate\\nand Congress was clothed with the power of districting each State for\\nrepresentatives to the United States House of Representatives, and\\napportioning the same. It was manifest that the rights of the Federal\\nGovernment required that no more new States should be erected out\\nof the original thirteen without the consent of Congress. Hence to\\nthis body, as the faithful guardian of the rights of all the States, was\\nconfided the power to give or withhold its consent to the formation of\\nany new State out of old ones. It has the perfect right to give or\\nwithhold its consent to give it absolutely or conditionally, as the pe-\\nculiar circumstances or merits of each case, and what in its judgment\\nthe best interests of all who are under its guardian care, may re-\\nquire. To deny this body the right to annex a condition to its consent\\nwhich the true interests of all require, would be inconsistent with the\\ngeneral terms used in the clause and the duties devolved thereby on\\nthat body.\\nThe same is true in regard to the State Legislature, within the\\nboundaries of the State proposed to be changed. The same word\\nconsent, in the clause, is applied to both the State and Federal\\nLegislatures. The State Legislature is the guardian of the entire\\nState. It should give, withhold, or modify its consent, just as the best\\ninterests of the whole State should seem in each case to require. To\\nrestrict the State Legislature in the exercise of its discretion to a sim-\\nple absolute giving or withholding of its consent, would therefore do\\nviolence to the general terms used, and be incompatible with the\\nfaithful exercise of the powers granted and the high duties to be per-\\nformed.", "height": "4160", "width": "2500", "jp2-path": "formationofstate00park_0_0123.jp2"}, "124": {"fulltext": "110\\nThis brings us to the second question. Will the case West Virginia\\npresents to the Legislature., justify its giving the conditional consent as\\nproposed 1 It seems to me very clear that it does because survey-\\ning from its high position the whole State, it must come to the con-\\nclusion that the new State merits, and is justly entitled to, all she\\nasks, and that the East has no .claim whatever to drag her down into\\nthe gulf of bankruptcy and rum, its own treason and wickedness has\\nvoluntarily nd against every warning dug for itself. To deny it\\nwould surpass the inhumanity of that custom which binds indissolubly\\nthe Hying Hindoo widow to the loathsome and putrid corpse of her\\ndeceased husband, to languish and die. The figure is not too strong.\\nBut, say my friends, there is a more formal and better looking\\ncourse to pursue, which will as well or better secure the new State.\\nI deny it, and defy any one to point out any other course, that can\\npossibly secure success. As for the farm, or looks, these all sensible\\nmen disregard in times like the present, \\\\i the substance canke seemed.\\nThat substance with the people of West Virginia is the new State\\nand with Congress it will be a mathematical certainty that slavery shall\\nat some future day become extinct in West Virginia. Congress, sur-\\nrounded as it has been during the past year with startling facts and\\nstern realities, will not heed the form or mode in which the mathemat-\\nical certainty is produced^whether inserted absolutely in the Consti-\\ntution, or secured as Mr. Battelle proposed, by submitting by a\\nseparate poll to the people (which was the wisest and best way to\\nJiave done,) only the Legislature and Congress making their consent\\nto depend on the people ratifying the clause afterwards. I say the\\nonly thing Congress will look at will be the fact that that mathe?natical\\nCertainty is there.\\nBut my friend thinks if our special commissioners take the Consti-\\ntution as it is with the mere absolute consent of the Legislature in one\\nhand and the informal vote of a portion of our people on the free\\n$tate question in the other, and present them to Congress, it will con-\\nsent and admit. Never For this reason the mathematical cer-\\ntainty is wanting, and the natural inference to be drawn from the facts\\nwould be, either that the people did not want it, or else they did not\\nhave the power and spirit to obtain it against the scheming and man-\\nagement of their fogy leaders. Else why has the question been before\\nthe people, the Convention and our own Legislature, and all the\\nprogress the people have made toward the mathematical certainty is\\nthe informal vote This is the way it will be looked at by Congress,", "height": "4156", "width": "2688", "jp2-path": "formationofstate00park_0_0124.jp2"}, "125": {"fulltext": "Ill\\nWith such a show, can any one hope that the present Congress\\n(which was elected while standing on the Chicago platform and be-\\ncause they stood there,) will consent to place on the journal a consent\\nto make two slave States out of one four slave Senators in place of\\ntwo and record a precedent to justify any other slave State cutting\\nitself into ten (instead of two) slave States and thereby increasing its\\nslave power in the Senate ten fold. When we talk to them about\\nwhat we are going to do and be in future, they will remind us of what\\nwe are. They will point us to Delaware which during the last forty\\nyears has had a less remnant of slavery than we have, and to 1 the\\npower that controls its Legislature and abortive attempt by that body-\\nto institute a gradual extinction last winter. They will point to\\nSaulsbury and Bayard, as samples of the Senators, and to the pres-\\nent Senators of Virginia elected solely by our people. Besides, is it\\nto be supposed for a moment, that Messrs. Hall and Van Win-kle-\\nof the present commission, who are opposed to a new State in any-\\nform for the present at least, will ever make such a presentation And\\nwhat can Messrs. Paxton and Caldwell however willing and able J\\ndo in such a predicament Nothing.\\nBut I need not pursue this further. It is not only morally but\\nmathematically certain that Congress will reject. What then Why\\nthe Convention will have to be convened and as mere draftsmen, for\\nits members are nothing more from 50 to 60 in order to append\\nthe gradual- emancipation clause. This will take at least a month-\\nafter the- rejection by Congress, and cost thousands of dollars. It-\\nwill then- have to go before the people, which will take another month 1\\nand cost thousands more.- Then the Legislature will have to be con-\\nvened (as all the parties must consent to the alteration) which will-\\ntake another month and cost thousands more and by. this time Con-\\ngress will certainly have adjourned not to meet again till the first-\\nMonday of December next. The same day the new Legislature will\\nconvene, with representatives from nearly all the counties in the East-\\nThis Legislature will at once repeal and revoke the consent given by-\\nthe present Legislature. What then-? Why our fogy leaders wilt\\nproceed in triumph to Richmond, carrying poor crushed and ruined-\\nWestern Virginia, as the trophy of their labor, expecting to receive\\nthe benediction from counterfeit loyalty in that section, of well done-\\ngood and faithful servants, c. This is no fancy sketch, it is the\\nreality that awaits us if we take that course. But if we can get the\\noonse-nt of Congress to the division and admission, at its present ses-", "height": "4160", "width": "2500", "jp2-path": "formationofstate00park_0_0125.jp2"}, "126": {"fulltext": "112\\nsion, subject to the condition that the people shall ratify the clause\\nafterwards the whole subject is at once placed beyond the reach of\\nany unfriendly Legislature, because another party has become inter-\\nested. But my friends say, it will be improper for the Legislature to\\ntake the initiatory step by giving its consent, subject to the condition\\nproposed, because that body has no power to add to the instrument.\\nI aver that the people have the unquestionable right to appoint any\\nbody of men, or individuals they choose, to be their draftsmen. The\\nwish and approval of the people is the only thing that can give vital-\\nity. The members of the Legislature now know what the desire of\\nthe people is, and that it is the wish of nine-tenths to have the clause\\ninserted. Congress does not know this fact, and if the Legislature\\nimmediately representing our people shall take the initiatory step,\\nCongress will at once follow. And to say that Congress will be im-\\nproperly dictatory by so doing, in thus securing that mathematical\\ncertainty which can alone justify and which will go on the journal\\nwith its consent, is too absurd to merit notice. The consent of neither\\nLegislature nor Congress is absolute until the people, the life giving\\nparty, shall have ratified. Nor does the Legislature or Congress make\\nany addition to the Constitution, though either would be competent to\\ndo so if properly authorized by the people.\\nThese simply give a consent, which they have the right to give, or\\nwithhold, at discretion, upon the condition that the people themselves\\nshall make a certain specified addition afterwards, which nine-tenths\\nof these very people have already declared they desire to have added.\\nI fear I have already extended my remarks too far. I hope I have\\nmade myself intelligible to all minds. My heart, yea, my whole being\\nis filled with the importance and magnitude of the subject, as relates\\nto the present and future of West Virginia, and if her loyal people,\\nthrough a want of manly spirit and heart, let her sink into the gulf of\\nruin her enemies have opened and seem eager to plunge her, I shall\\nhave the consolation of having used my feeble efforts to save her.\\nThe people should instruct in every County, and if need be, come up\\nto Wheeling in grand mass meeting, and thunder at the door of the\\nCapital. Respectfully,\\nG. PARKER.\\nP. S. I need not remind my fellow-citizens that every argument\\nused by the fogy leaders, the past winter, on this question, has been\\nrefuted by actual facts. They contended that the Government at", "height": "4156", "width": "2652", "jp2-path": "formationofstate00park_0_0126.jp2"}, "127": {"fulltext": "113\\nWashington desired that the question of slavery should be tgnorcd by\\nthe Convention. The Message of the President, the 6th of March,-\\nand action of Congress upon it, proved the exact reverse to have\\nbeen true. They contended that a majority of our people desired the\\nquestion to be ignored, and that it was unsafe to trust the people with\\nthe subject in these exciting times* The vote on the 3rd of April has\\ndemonstrated both propositions to be false. What confidence can we\\nput in the judgment or honesty of such men\\nOne thing more, be sure to make every candidate for any office at\\nthe May election define his position on the new and ffee State ques-^\\ntion, and have that definition in writing before you give him your vote*\\nBy this means we shall secure for our Cis-Alleghany people a new\\nand free State representation in the Legislature that convenes the 4th\\nof December next, and in the executive department also; by this\\nmeans too, we shall unmask counterfeits and teach them that there is\\nto be no more false pretences, or sailing under false colors in Western\\nVirginia, and that the sentiments of every loyal citizen is what Homer\\nascribed to one of his heroes, viz\\nWho dares think one thing and another tell,\\nMy soul detests him as the gates of fldl/ 1\\nG. P,\\n[Letter to the Intelligencer.]\\nSOME AUTHORITIES FOR GIVING A CONDTIONAL CON-\\nSENT BY CONGRESS AND THE LEGISLATURE.\\nIt will be observed that the same word consent is used in section\\n3d, 4th Article of the Federal Constitution (and used but once) to\\nprescribe the powers of both Congress and the State Legislature in\\nrelation to erecting a new State out of an old one. Any interpreta-\\ntion, therefore, which Congress has given of the true import and\\nmeaning of this word in this connection is direct authority as well for\\nState as subsequent national Legislatures, and its relative weight\\nwould be as the weight of the nation when compared with a single\\nState. The section reads thus New States may be admitted by\\nthe Congress into this Union but no new State shall be formed by\\nthe junction of one or more States or parts of States without the com\\nSent of the Leg.is4afc$r s eoneerned an-df of the Congress.", "height": "4160", "width": "2500", "jp2-path": "formationofstate00park_0_0127.jp2"}, "128": {"fulltext": "114\\nIf the Congress, by virtue of this clause, has the power to give its\\nconsent conditionally to the erection and admission of any new State,\\nit has the power to give the like consent to the admission of all,\\nwhere its discretion dictates, whether formed of Federal territory or\\nthe territory of an existing State.\\nCongress gave its consent to the erection and admission of Mis-\\nsouri, March 2d, 182 1, 011 co?idition its Legislature should thereafter\\nconsent to the Compromise measure proposed by Congress. Its\\nLegislature having afterwards consented and complied with the con-\\ndition annexed, its formation and admission became complete and\\nperfect, August 10th, 1821, upon the announcement of the facts by\\nproclamation, as the act of Congress provided,, and without further\\naction by Congress. Volume 3, page 797, Statutes at Large.\\nCongress consented to the erection and admission of Michigan up-\\non the express condition that the State should thereafter consent to\\ncertain boundaries prescribed by Congress and the State having af-\\nterwards- assented and complied- with the condition its erection and\\nadmission became thereby complete. lb. Volume 5, page 49.\\nWisconsin was erected and admitted into the Union on condition\\nher qualified voters should thereafter consent to a boundary propos-\\ned by Congress, Her qualified voters having, thereafter complied\\nwith the condition the erection and admission of the State became\\nthereby perfected. Volume 9, page 233, lb.\\nSo with lozw, Congress consented to its erection and admission\\non condition its qualified voters should afterwards consent to a certain\\nproposition submitted by Congress which having been complied\\nwith, she became a. member of the Union. Volume 9,, page 177, lb.\\nSo Congress annexed conditions to the erection and admission of\\nKansas. These repeated enactments during the last forty years by\\nCongress have established an interpretation of the section, and the\\nword consent, which no declaration however boisterous, nor rant\\nand denunciation however bitter, can change,\\nKentucky, Maine and Vermont were the only States, I think, that\\nhave been created out of the existing territory of other States and\\nin the case of Kentucky, Maine and Vermont also, if I remember\\nrightly, the Legislatures of the mother States annexed conditions,\\nboth precedent and subsequent, to their consent. In nearly or quite\\nall the cessions of territory made, by any of the original thirteen\\nStates since the Revolution the grantors annexed conditions. The", "height": "4156", "width": "2652", "jp2-path": "formationofstate00park_0_0128.jp2"}, "129": {"fulltext": "115\\nLegislature of Virginia annexed among others the condition of Free-\\ndom to the cession of the Northwest Territory. North Carolina an-\\nnexed conditions of another character when she ceded Tennessee\\nand so with Georgia and other States,\\nA majority of our present Legislature, however, seem to think it\\nincompatible with their duties, while representing the whole State, to\\nannex any condition to the consent they shall give to the erection of\\nWest Virginia; and some few because it would be altering the Consti-\\ntution, which the people of the new State framed and adopted The\\nanind that can confound, or view as identical, propositions so to-\\ntally unlike, I have no desire to say anything about; while I admit\\nthe propriety and expediency of annexing the condition to their con-\\nsent, at this time, may be considered a debateable question. And if\\nthe Legislature shall feel themselves constrained to decide adversely\\nto annexing the condition proposed, on account of an appearance of\\nimproper suggestion or dictation it may give (though the very thing\\nbe desired by a large majority of our people), I sincerely hope, and\\nI know it is the wish of the people, that the Legislature shall so\\nframe their consent to the division as to permit the people immediate-\\nly interested to modify their Constitution as they may desire, or as\\nthey may find necessary to secure the admission of the new State by\\nCongress, without having to resort again to the Legislature. This\\ncourse I believe the Legislature will feel themselves justified in adopt-\\ning, as it will relieve that body of further trouble about the matter,\\nand the people of expense.\\nFor the uniform good will, frequent and important aid the Legisla-\\nture and Executive officers of Virginia have shown to the people of\\nthe New State, during tli^ir long and arduous efforts, I know I utter\\nthe sentiment of our people, no less than my own, when I say we\\nare profoundly grateful. And the prompt and almost unanimous\\nconsent though unconditional, if it must so be of the Legislature\\nto the proposed division is calculated to deepen that sentiment.\\nRespectfully,\\nG. PARKER.\\nMay toth, 1862.\\nP, S. When the recipient \u00c2\u00aef Divine grace can rightfully ascribe\\ndictation or improper interference to the Power that conditions his\\nheatt and mind for receiving the precious favor, then will the people\\nof West Virginia make similar ascriptions to any power that shall", "height": "4160", "width": "2508", "jp2-path": "formationofstate00park_0_0129.jp2"}, "130": {"fulltext": "116\\nsuggest or help in any way to shape her internal structure so as to\\nsecure the consummation of the new State. Not till then.\\nG. P.\\nThe Legislature convened on the 6th of May, and on the 13th\\npassed an Act, giving its consent to the formation of the new State\\nabsolutely, and without annexing the conditions prayed for. Many\\nof the friends were present, and we did what we could, but without\\nsuccess. There were some members, however, who had the courage\\nto advocate the proposition. Fontain Smith, Joseph Snyder, the\\nlate Geo. Mc C, Porter, and others of the House of Delegates were\\namong them. Our only remaining hope was with Congress, and, to\\nsay the least, it was anything but cheering. Such a petition, in the\\nshape it was, intrusted exclusively to five Commissioners, three of\\nwhom were against a new State in any form to be presented to a\\nCongress of its political sentiments, at such a crisis Still, all its\\nfriends did not despair,\\nLETTER TO THE WHEELING DAILY PRESS, MAY 15, 1862.\\nPermit me through your valuable paper to say a few words in re-\\nply to the remarks in yesterday morning s paper headed False\\nPremises.\\nYour error seems to me to consist in an entire misconception of the\\nlegal status or relation of the segregating portion\u00e2\u0080\u0094 after the Legisla-\\nture of the Mother State has. given its consent to the division, fixed\\nthe boundaries and laid down such fundamental provisions as is\\ndeemed just to the whole State, which such Legislature represents.\\nSubject to these, the people proposing to leave are as free and inde-\\npendent to construct a Constitution as they please make the best\\nterms they can to obtain the consent of the other party viz Con-\\ngress to the division and admission to the Union and to make and\\nreceive propositions to and from the party they are negotiating with\\nand if Congress shall consent to the division and admission, all former\\nrelations with the Mother State cease. But if they fail to consummate\\nthey remain as before. This seems to me to be the true status and\\nrelation, after the Legislature has consented to the division, fixed the", "height": "4160", "width": "2656", "jp2-path": "formationofstate00park_0_0130.jp2"}, "131": {"fulltext": "117\\nboundaries and prescribed the fundamentals of the division and I\\nam unable to see how their relations to Congress, so far as negotiating\\nfor its consent to the division and admission is concerned, can mate-\\nrially vary from the residents of Federal territory. There is a re-\\npublican necessity that both should be equally free and untrammeled\\nin this respect, for in both cases the people are negotiating a matter\\npeculiarly their own, and in the former case the Mother State certain-\\nly can have no concern. Respectfully,\\nG. PARKER.\\nP. S. My object and purpose from the beginning, has been to\\nget a new State, and to use all legitimate and honorable means to\\nsecure it\\n[Letter to the Wheeling Intelligencer, May 17TH, 1862.]\\nTHE POSITION OF THE NEW STATE NOW, AND THE\\nNEXT STEP TO BE TAKEN.\\nThe Legislature has given its consent to the division and erection\\nof the new State, fixed the boundaries as was deemed right, and left\\nthe promising daughter free to arrange her household and domestic\\naffairs as her best interests may dictate, subject only to the obligation,\\ncontained in the 8th section of the 8th article of the new Constitu-\\ntion to assume and pay an equitable proportion of the State debt\\nprior to the 1st day of January, 1861, and the condition or compact,\\ncontained in section 1st 9th article of the same Constitution relating\\nto the titles of land. Subject to these restrictions the new State is\\nleft free to make the best terms she can with Congress to secure its\\nconsent and thereby secure admission to the sisterhood of States.\\nUntil this happy consummation, however, the mother s care and pro-\\ntection will continue, but not her control or restraint to interfere or\\nprevent the new State s modifying her Constitution, subject always to\\nthe limits above stated, to suit the wishes of the people and secure\\nthe speedy action of Congress.\\nEeing released to this extent from the former power and control of\\nthe mother, and allotted an outfit of $100,000 if her majority be at-\\ntained, the people of the new State are at full liberty to place them-\\nselves in immediate communication with Congress and ascertain at\\nonce on what terms Congress will give its consent to the proposed", "height": "4160", "width": "2500", "jp2-path": "formationofstate00park_0_0131.jp2"}, "132": {"fulltext": "118\\ndivision and admission of the new State. This should be done at\\nonce. There is not a moment to lose. The Commissioners appoint-\\ned by the Convention are the properly authorized agents of our peo-\\nple for that purpose and they should be at Washington as soon as\\nthe Constitution and action of the Legislature reach there. Our\\nprompt and faithful Governor will lose no time in transmitting them,\\nand before this, the documents are probably on the way.\\nThe vote to be taken in the District, comprised of Berkley, Jeffer-\\nson and Fredrick, will neither necessitate nor justify delay. The\\nconsent of Congress can be given subject to that provision and the\\nvote taken after as well as before the action of Congress.\\nIt seems to be now the almost universal desire of our people to\\naccept at once the proposition of Congress made in pursuance of the\\nPresident s recommendation the 6th of March last, proposing to pay\\nfor the slaves owned in any State, that shall adopt a system of gradual\\nemancipation.\\nOur Commissioners ought at once to arrange with Congress the\\ndetails of a plan, re-convene the Convention, and if satisfactory, that\\nbody can modify the Constitution so as to conform to the terms\\nagreed on by the Commissioners and Congress, and Congress will at\\nonce give its consent to the division and admission to take effect\\nwhenever the people of the new State shall ratify the change so made\\nin their Constitution. This will place the subject, for a certainty, be-\\nyond the repealing power of any unfriendly Legislature, and our\\npeople can ratify and consummate the establishment of the new\\nState at any time thereafter, that Congress may determine, the\\ncountry and re-organized government of the mother State shall re-\\nquire. Or Congress can give its consent without the further action\\nof the Convention, but subject to the people ratifying afterwards the\\nterms that shall be agreed on between the Commissioners and\\nCongress.\\nEither is a practical and feasible course to save the new State, and\\nought to be satisfactory to our people and Congress. And the man\\nthat raises the cry of dictation or improper interference by Congress\\nor other party, -for taking either of the courses indicated, can be re-\\ngarded in no other light than an enemy to the new State, and conse-\\nquently to the best and highest interests of the cis-Alleghany peo-\\nple. But if the Constitution and action of the Legislature are per-\\nmitted to go before Congress in the condition they are without our", "height": "4160", "width": "2684", "jp2-path": "formationofstate00park_0_0132.jp2"}, "133": {"fulltext": "119\\nCommissioners opening at once the negotiation with Congress before\\nindicated the subject will either not be acted on at all by that body\\nat its present session, or it will be unconditionally rejected. Nothing\\ncan be more certain. And before Congress shall convene again, an\\nunfriendly State Legislature will revoke (if they have the power) the\\nconsent just given by the State Legislature, and the new State lost\\nbeyond hope.\\nThe idea that our loyal friends in the East when they shall become\\nrepresented in the Legislature, will consent to let us go has been al-\\nready demonstrated to be utterly false and delusive. The Delegates\\nin the present Legislature representing the loyal people East of the\\nAlleghany, though personally liberal and noble minded men, that\\nappreciate and acknowledge the merits of the West to all she asks,\\nfelt themselves nevertheless constrained by the known sense of their\\nconstituents to vote against the division. No one esteems our loyal\\nfriends in the East higher than I do, or is more ready to- assist them,\\nwhere it can be done without sacrificing all that is valuable to the\\nWest. We cannot but remember that, during the last forty years of\\nworse than Egyptian oppression to the West by the East, these now\\nloyal friends of the East never raised a voice, nor lifted a finger to\\nalleviate our grievous burden, and the presumption, nay, the fact is,\\nthey helped to impose and continue the burden. Let us not be de-\\nceived, therefore, Let us be just to ourselves and to our fellow-citi-\\nzens everywhere but let us not be deceived further. They will in-\\nsist that they love us too much to spare us, and that the co-operatioa\\nof the loyal people of the West is indispensable to them, in order to\\ncontrol the conquered, but still unconverted traitors of the East.\\nWhen our loyal friends that are incarcerated in the loathsome\\nprisons at Richmond, can be rightly blamed for effecting their es-\\ncape, when the torch of the traitorous oppressors have burned down\\nthe doors of the prison, then can the loyal people of West Virginia\\nbe justly blamed by Congress, or other persons, for cutting loose at\\nonce and forever.\\nThere is devolved a very great responsibility upon our Commis-\\nsioners in this juncture, which I hope they will fully appreciate and\\nmeet in a manner that will reflect honor on themselves, and secure\\nthe approbation and gratitude of the people, whose highest and dear-\\nest earthly interests are now in a great measure committed to their\\nhands. Respectfully,\\nG. PARKER,", "height": "4160", "width": "2492", "jp2-path": "formationofstate00park_0_0133.jp2"}, "134": {"fulltext": "120\\nAs showing the feeling of the people of the Valley at this time, I\\ninsert the following from the Wheeling Intelligencer of the 13th of\\nMay, 1862\\nGeneral Kenton Harper, of Augusta, Virginia, prints in the\\nRegister 3. call for\\nFREE FIGHTERS.\\nPeople of the Valley Your homes are threatened with ruthless\\ninvasion. Wait not until the enemy is upon you, but meet him on\\nthe threshold. There are thousands of us not subject to a draft,\\nwho have arms, or who can get arms, and who know how to use\\nthem. None but the craven can hesitate in such a crisis. Better\\nfight the battle on the borders than at your own door. Your families\\nwill then be secure behind you, and you will be able to put forth all\\nyour energies. If you delay, the sad fate of our fellow-citizens of\\nthe lower valley may soon be yours, and will you deserve it for your\\npusillanimity.\\nLet neighborhood meetings be called, then, at once, and see that\\nevery efficient man and every efficient gun is brought into service.\\nNone should withhold their arms who are not able to use them, and\\nthose who cannot endure the march may be organized into mounted\\ncorps.\\nThe service proposed is a brief one, for who can doubt if the\\nwhole valley would pour forth her whole strength, the insolent invad-\\ner could be driven across the Potomac in less than thirty days\\nThen, shall we sit still and allow ourselves to be paralyzed and sub-\\ndued by gradual approaches.\\nI shall be glad to confer with citizens of Augusta and other\\nCounties in furtherance of this movement. It interferes with none\\nof the arrangements of government. It is simply for the defence of\\nour homes and our firesides against a cruel foe, who r under the ab-\\nsurd pretence of restoring fraternity, marks his- advance with desola-\\ntion, outrage and ruin. This is not less our duty than our right.\\nWe propose to be governed by our own rules eat our own bread\\nand meat, if necessary and to ask nothing but to be assigned a\\nplace in the line of battle, KENTON HARPER.", "height": "4148", "width": "2684", "jp2-path": "formationofstate00park_0_0134.jp2"}, "135": {"fulltext": "121\\nI admire the pluck of General Kenton Harper, situated as he\\nwas but I cannot think either he, or the sympathizing friends in the\\nValley he addressed, were in a mood to aid us much in getting the\\nnew State at that time.\\nAs an illustration of the sentiments of our new State people, this\\nside the Alleghanies, I insert the following, which appeared in the\\nIntelligencer of May 9th, 1862\\nTHE NEW STATE.\\nMonongalia Co., Va., May 8, 1862.\\nBeing a very humble citizen of Monongalia, I wish to say through\\nyour paper a few words in relation to our new State organization, to\\nthe members of our Convention, and also to the members of our\\nLegislature now in session, which I hope they will take into serious\\nconsideration. Now, in the first place, I will tell the members of the\\nConvention that they disappointed the hopes and expectations of at\\nleast three-fourths of the real friends of the new State, by not pro-\\nviding for gradual emancipation in the Constitution they made.\\nDoes any sane man suppose that Congress will make two slave States\\nout of one, when we all know that a large majority of Congress and\\nabout nine-tenths of every body else, believe that slavery is the\\ncause of this cursed rebellion that is now covering our country with\\ndebt and mourning If the members of our Convention don t know\\nthese facts now they will learn them to their sorrow before long.\\nPolitical death will be the fate of every member of the Convention,\\nwho has and does hereafter oppose having a gradual emancipation\\nprovision engrafted in the Constitution.\\nHave the members of our Convention ever reflected and consid-\\nered what would be the consequences to the people of Western Vir-\\nginia should our new State organization fail and we have to be put\\nunder the rule and dominion of the rebel traitors of old Virginia\\nThey must know that the traitor part of Virginia would have a ma-\\njority in the State and could and would rule us with a rod of iron.\\nDon t they know that the traitors both East and West hate the Union\\nmen of Virginia worse than they do the devil and would delight in\\ntyrannizing over them. And they must know further that the debt\\nof Virginia before this rebellion was near fifty millions of dollars,,\\nQ", "height": "4160", "width": "2492", "jp2-path": "formationofstate00park_0_0135.jp2"}, "136": {"fulltext": "122\\nand that we of Northwestern Virginia got but very little of what that\\ndebt was made for, and further, there can be no doubt but what,\\nsince the rebellion, Eastern Virginia has made a debt of an enor-\\nmous amount. Now suppose we fail in our new State organization\\nand have to come under the control of the traitors, what is to hinder\\nthem from making us bear the burden of the most of these debts\\nIt is a well known fact that a large portion of Virginia is now devas-\\ntated and impoverished, and there is not much doubt but before this\\nrebellion is put down a great deal more of it will be in the same sit-\\nuation. And the niggers, the boasted wealth of Eastern Virginia,\\nwhere are they now There is no doubt but a large portion of them\\nhave been sent South, and as little doubt that a large number of\\nthem have found their way North. Now, with a knowledge of all\\nthese facts, who can suppose that Virginia can pay her debts Does\\nnot repudiation stare her in the face Is it not inevitable Do the\\nmembers of our Convention want Northwestern Virginia to be a part\\nof a State that will have to repudiate her debts, and be under the\\nrule of as base a set of tyrants as ever disgraced the earth If not,\\nthen let them assemble as soon as possible, while the Legislature is\\nin session, and add a gradual emancipation provision to the Consti-\\ntution, which will, no doubt, prevent such a dreadful calamity coming\\non us. And there is another consideration about this emancipation\\nbusiness which ought to be considered well by the members of our\\nConvention, and that is the people should have a chance to decide\\nthe nigger question for themselves. The responsibility of deciding\\nall questions that pertain to the State s welfare should be referred to\\nthe people for their decision. Now, if the members of our Conven-\\ntion are so disposed they can assemble soon, and in a few days fix\\nan emancipation clause to the Constitution and let the people take\\nthe responsibility of deciding for themselves then if our new State\\norganization fail they will have the satisfaction to know that it was\\nnot their fault.\\nNow I wish to suggest to the members of the Legislature that\\nthey use their best efforts to get this Convention assembled again as\\nsoon as possible, if they have any hopes of their adding an emanci-\\npation clause to the Constitution, but if they find there is no chance\\nof getting the emancipation clause fixed by the members of the pres-\\nent Convention, I think the Legislature ought to forthwith pass an\\nact calling another Convention to meet soon as possible. The emer-\\ngencies of our situation require it, for all we have will be nearly", "height": "4156", "width": "2660", "jp2-path": "formationofstate00park_0_0136.jp2"}, "137": {"fulltext": "123\\nworthless if we don t get separated from old Virginia and unless we\\nhave an emancipation provision in the Constitution there is no hopes\\nof admission by Congress. You Messrs. Editors know and can in-\\nform the people there is no time for delay. It is almost certain, if\\nwe don t get the consent of the Legislature within a few months we\\nwill never .get it M.\\nSoon after publishing my last letter, I drew up the following Ap-\\npeal and after submitting it to some friends, I went to Ironton,\\nOhio, and had a large number printed in document form, and imme-\\ndiately enclosed a copy to each member of Congress, the President,\\nand each member of his Cabinet, and the leading Republican jour-\\nnals of the country. I ventured to subscribe it in the man-\\nner that appears.\\nAN APPEAL OF THE PEOPLE OF WEST VIRGINIA TO\\nCONGRESS, SUGGESTING FOR THE CONSIDERATION\\nOF MEMBERS MATERIAL FACTS ACCEPTING THE\\nNATION S PROPOSAL FOR THE GRADUAL ABOLISH-\\nMENT OF SLAVELY, AND ASKING THAT BODY TO\\nGIVE ITS CONSENT TO THE ERECTION AND ADMIS-\\nSION OF THE NEW STATE INTO THE UNION AT ITS\\nPRESENT SESSION.\\nGentlemen A Constitution conforming to our wishes in all re-\\nspects but one, the informal spontaneous, and nearly unanimous ex-\\npression of such Counties throughout the proposed State (being\\nabout twenty), as had an opportunity to speak upon the matter, which\\nour Delegates in Convention unwarrantably suppressed, with the al-\\nmost unanimous consent of the Legislature of the mother State, have\\nbeen laid before your honorable body for its consent agreeably to the\\n3d Section, Article 4th, of the Federal Constitution. The action by\\nthe Legislature of the mother State, has, in our judgment, placed the\\npeople of the proposed State in direct communication with your\\nbody, to negotiate for its consent to the erection and admission of\\nWest Virginia into the Union, upon such terms as shall be agreed\\nupon by your body and ourselves, subject only to the fundamental", "height": "4160", "width": "2508", "jp2-path": "formationofstate00park_0_0137.jp2"}, "138": {"fulltext": "124\\ncompacts contained in the 8th Section of the 8th Article of the new\\nConstitution; touching the public debt, and the ist Section of the\\n9th Article of the same, touching titles to land and without further\\nresort to that body. Our Convention still exists, and can be re-con-\\nvened whenever necessary to carry into effect the terras that may be\\nagreed upon.\\nIt is proper for us to say, as mitigating in some measure the wrong\\ndone us by the Convention, in withholding the matter from our de-\\ncision, that the Delegates thereof were elected and the Convention,\\nas it supposed, had completed its labors and adjourned, (though sub-\\nject to be reconvened), before there had been any definite or authen-\\ntic expression of the views of the Nation, or our people, upon the\\nsubject.\\nOUR CLAIM ON CONGRESS FOR PROMPT ACTION AT ITS PRESENT SESSION.\\nWhen we ask Congress to change the oldest State in the Union, so\\nas to make two States instead of one, and four Senators instead of\\ntwo, we expect to make out a case, the justice, equity and propriety\\nof which shall satisfy all loyal and fair minded men, that we merit\\nwhat we ask, and which shall readily evoke the exercise by Congress\\nof a power purely discretionary.\\nIt is now about forty years since the expediency of dividing the\\nState was first discussed, some contending that the Blue Ridge, and\\nothers the Alleghany Mountains, ought to constitute the boundary.\\nThe Seaboard and Piedmont Districts, in order to make sure of the\\nValley, extended internal improvements of all descriptions into that\\nsection, uniting the people commercially and socially with Richmond\\nand after Baltimore had extended a branch of its road to Winchester,\\nour Legislature denied further charters. The growing of slaves for\\nthe Southern markets, served also to attach and assimilate the Valley\\nto the East, and to alienate it from the West. In proportion as the\\nEast has been lavish to the Valley, it has been sparing to the West\\nand of the forty-four millions of State debt, created prior to January\\nist, 1861, and expended in internal improvements, only one and a\\nhalf millions have been expended West of the Alleghanies. And\\nwhen Baltimore proposed to extend branches of its road throughout\\nour territory, at its own expense, the Legislature refused to grant\\ncharters for the purpose being neither willing to improve our coun-\\ntry themselves, nor permit any one else to do it.\\nOf the half million slaves in the State in i860, only about ten", "height": "4148", "width": "2632", "jp2-path": "formationofstate00park_0_0138.jp2"}, "139": {"fulltext": "125\\nthousand were owned West of the Alleghanies. The Valley and the\\nEast have co-operated to enact and continue a system of taxation\\nmore unequal and unjust to the West than anything of the kind be-\\nfore known. By it, no slave, though worth $2,000 in the market, can\\nbe valued over $300 for the purpose of taxation and no slave under\\nthe age of twelve years, though worth $600 to $800, can be taxed at\\nall. this way two hundred million dollars worth of slave property,\\nowned almost exclusively in the Valley and the East, has never been\\ntaxed at all, while every other species of property has been taxed to\\nits full value. And almost every species of income, even to the earn-\\nings of day-laborers, which go daily to support their families, are\\neither taxed, or are liable to be taxed and also nearly every branch\\nof business, except the growing, working and selling of negroes, by\\nrequiring licenses to be taken and paid for at enormous prices. The\\npoor man, who buys a piece of wild land, with a view to clear up\\nand make him a home, has to pay $1,00 tax to the State before his\\ndeed can be recorded this being in addition to the recording fee\\nand so with all forms of legal process, whether relating to the living,\\nor the settlement of estates of the dead. All this startling injustice\\nand oppression exists now throughout the State. Everything pays\\ntribue to the slave power.\\nBesides, the East early adopted a system of land law which has\\nfor eighty years, and does to-day, treat the lands West of the Alle-\\nghanies as waste and unappropriated and has continued to sell them\\nand grant patents of any portions to anybody who will pay, until the\\nwhole country has become shingled over, and some five or six patents\\ndeep. Two, three, and frequently more, have paid taxes on the\\nsame land, at the same ti?ne. The result has been to increase\\nthe revenue drawn from the West, to keep the titles to land un-\\nsettled plenty of work for lawyers, and a defrauded and impover-\\nished people. The Legislature has repeatedly exonerated lands in\\nthe Valley and in the East of taxes justly assessed whilst, by the\\nsame act, it enforced the payment of the like tax against the lands\\nof the West by ordering their sale. There is one statute of limita-\\ntion relating to lands East, and another relating to lands West, of the\\nAlleghany Mountains.\\nThese are some of the wrongs which the people of the Valley and\\nthe East they having had a large majority in both branches of the\\nLegislature, increased in the Senate by a mixed or property basis", "height": "4160", "width": "2500", "jp2-path": "formationofstate00park_0_0139.jp2"}, "140": {"fulltext": "126\\nhave practised on the people West of the mountains. And is it any\\nwonder, that when a year ago, these oppressors the measure of\\nwhose iniquity had become full plunged into treason and rebellion\\nagainst the Government of their choice which had bestowed every\\nblessing, without one single wrong that could be specified, that the\\nloyal and true, though long oppressed and abused people of the\\nWest, should have rallied around the nation s flag, and at the same\\ntime have embraced the first opportunity ever offered for making\\ntheir escape from such bondage As we are human, we could not\\nhave done otherwise and still we had a terrible enemy to battle with\\nin our very midst. The minions and tools of the slave oligarchy in\\nthe East were thick among us. Jenkins, Wise Co. were gather-\\ning their forces and a terrible doom was denounced on all who should\\nhesitate to take up arms and defend the State after a majority had\\nvoted her out, as they contended, against ruthless invaders.\\nMany of our counsellors and guides in matters of constitutional\\nrights and duties, had either openly joined the enemy, or stood silent\\nin trembling suspense. The plan so timely proposed by General\\nMcClellan to give effectual protection to our loyal people was\\nthwarted by the treason or the weakness of former leaders.\\nIt was at this trying crisis that some bold men, from among the\\npeople, struck for re-organizing the State Government, and that ac-\\ncomplished, then for a new State, and eternal deliverance from our\\nworse than Egyptian oppressors in the East. Light broke through\\nthe thick darkness, and we awoke as if from a dream.\\nAbout this time the Stars and Stripes were unfurled by the sons of\\nOhio, Indiana and Kentucky, upon the sacred soil, and our young\\nmen and the middle aged gathered around the Nation s standard.\\nThe spell of years that moment was broken, and our people began to\\nstand up in the majesty and strength of conscious manhood. We\\nhave continued to rally, leaving our wives and children, aged de-\\npendents and property, to the mercy of the guerrilla and bandit, un-\\ntil our people to-day are as largely represented in the loyal army as\\nthe other portions of our country, where no such sacrifices had to be\\nmade.\\nThe effect of the loyalty of West Virginia thus thrown into the\\nscale at a moment when the fate of our country trembled in the\\nbalance, when the mere accidental use of an ex. instead of an abdi-\\ncated, Governor s name to a telegram, could, under the Providence", "height": "4172", "width": "2660", "jp2-path": "formationofstate00park_0_0140.jp2"}, "141": {"fulltext": "127\\nof God, have save I from destruction a Government like ours, no\\nman can calculate. But whatever may have been its weight and\\neffect, we feel that the Federal Government has fully paid us by its\\nliberal and timely aid. We only claim to have done our duty faith-\\nfully in this great crisis. Meantime, our people have pressed for-\\nward the New State project with equal vigor. We felt that the Al-\\nmighty had opened a way for our deliverance, and we were resolved\\nto improve it. The minions of the power of the East were every-\\nwhere busy among us. They affected to be friendly leaders and\\nguides still. They at first openly opposed the measure, but finding\\nthe people were resolved they changed tactics, and pretended to\\nfavor it. But, with a view to retain the leadership of the measure\\nand wreck the whole project upon a fail lire as they confidently ex-\\npected, to harmonize the views of our people, which were supposed\\nto be pro-Slavery, with the views of the Republican Congress on the\\nsubject of Slavery, and receive ti eir reward, when they should return\\nto Richmond with West Virginia, foiled in her purpose, and still in\\nchains.\\nSome of the wolves in sheep s clothing, managed to get them-\\nselves chosen Delegates to the Convention to frame the Constitu-\\ntion, and it was through their influence and misrepresentation that\\nthe question of gradual emancipation was not permitted to go to the\\ndecision of the people, and through their influence the clause is now\\nwanting in the instrument. And the same persons used every effort\\nto prevent the spontaneous and informal vote, which, in spite of them,\\nwas given in favor of emancipation. They are too well known now\\nto be able to deceive the people again. They boldly contended that\\nit was the wish of the Federal Government that the Convention\\nshould be silent and ignore the question of slavery and, if it were\\notherwise, it would be unsafe to refer the question of emancipation\\nto the people at this time that they would get mad with excitement\\nand tear things to pieces Fortunately, neither of these assertions\\nor predictions has proven true. The Nation s proposal we now\\nhave, and the people, have of their own accord, and in defiance of\\nthe commands and warnings of these men, given their votes without\\nundue excitement, and without having torn anything to pieces.\\nTHE NECESSITY OF IMMEDIATE ACTION BY CONGRESS.\\nIf Congress shall defer its action upon the subject until the next\\nsession, there is imminent danger that the accession of new members", "height": "4156", "width": "2500", "jp2-path": "formationofstate00park_0_0141.jp2"}, "142": {"fulltext": "128\\nfrom the Counties of the Valley and East, that will be elected and\\nsent into the Legislature as soon as the rebellion shall be crushed in\\nthat section, and the East and Valley secure thereby a majority of.\\nboth branches of the Legislature adverse to a separation, and as the\\nLegislature will be convened in extra session before Congress shall\\nmeet again, such Legislature will repeal the act already passed, giv-\\ning consent, and the consent of that body cannot be obtained after-\\nwards. There is no doubt such will be the disposition and action of\\nthe Legislature as soon as it gets the power.\\nThere were members from the Valley and East of the Blue Ridge,\\nin the Legislature at its recent session, and although they personally\\nacknowledged the merits and just claims of West Virginia, yet, out\\nof regard to the known sentiment of their constituents, they felt\\nthemselves constrained to vote against it. This is actual demonstra-\\ntion, if any be needed, that the loyal portion of the people East of\\nthe Alleghanies will never consent to let Western Virginia go. They\\nwill say that they love us too well to think of a separation, and that\\nour co-operation is indispensable to enable them to hold in check the\\ngreat number of unregenerate traitors that shall continue among\\nthem. But it is quite uncertain whether the loyal people of the\\nwhole State combined will be able, for some time at least, to out-vote\\nthe disloyal portion (unless the latter shall be disfranchised) and so\\nsubject the whole State to loyal rule; whereas, taking the cis-\\nAlleghany people, separate by themselves, and there can be no doubt\\nas to their power to control the disloyal. The disloyal portion of\\nthe Valley and East will desire to hold on if they can control, op-\\npress and torture us otherwise, they will be for letting us go.\\nCERTAIN OBJECTIONS ANSWERED.\\nFirst. That Congress ought not to regard the consent of the\\npresent Legislature which has been given, as satisfying the require-\\nment of the 3d Section, 4th Article, of the Federal Constitution, be-\\ncause all the Counties of the mother State, though invited, were not\\nin fact represented. Such objectors would therefore have us simply\\ndecline the way of escape, now providentially opened, from unpar-\\nalled oppression, and wait until our oppressors shall have regained\\ntheir former power, bound us hand and foot, and remanded us to\\nour former bondage. Whatever loyal West Virginians might have\\ndone a year ago, they are now prepared to strike down the unholy\\noppressor whenever and wherever opportunity siiiay offer.,", "height": "4152", "width": "2656", "jp2-path": "formationofstate00park_0_0142.jp2"}, "143": {"fulltext": "We deem it unnecessary to say anything in support of the legal\\ncompetency of the present Legislature to give the required consent to\\nthe separation. Letcher and his co-conspirators through their trea-\\nson, committed against both State and Federal Government, abdicat-\\ned and the powers of the State, incapable of annihilation returned\\nto the people. The disloyal portion could not take advantage of\\nthis forfeiture for they were confederate with Letcher, partkipes\\ntriminiS) equally guilty, and to allow it would be to allow a party to\\ntake advantage of his own wrong. The loyal people alone had the\\nright to take advantage of the forfeiture, and re-produce and re-or-\\nganize the Government. Full notice was given to all loyal people\\nthroughout the State, and all who would and could be, were repre-\\nsented in the Convention which, convened at Wheeling, the nth of\\nJune, i86t, and re-organized the Government, and caused to be\\nelected and convened at Wheeling, the present Legislature. If ali\\nloyal people were not represented, it was their own fault or misfor-\\nture, and on account ofeither^ it would have been wrong to have per-\\nmitted the whole machinery of Government to remain suspended,\\nespecially as there exists no power to compel an election and return\\nof Delegates. If a County or Senatorial District, neglect or refuse\\nto elect and return Senators or Delegates, there is no power to com-\\npel, and those elected and returned, must ex necessitate rei, constitute\\nthe legal body, and its acts bind all,\\nBut it is unnecessary to elaborate this point, as every branch of\\nthe Federal Government has now for nearly a year been recognizing\\nits legitimacy in various forms, and by the most solemn and deliber-\\nate acts. It is, therefore, too late to take exception, even if any\\nvalid ground had existed, which we deny.\\nThe Legislature, and the Governor during vacation, have granted\\nWrits of Election, whenever applied for by the people in any County\\nor District of the State, and elections have been held, and Delegates\\nand Senators returned, and admitted into their respective branches,\\nwithout hindrance from any quarter. Northampton, Accomac, Fair-\\nfax, Loudon, Berkeley, Hampshire and Hardy, were all represented\\nat the late session.\\nOthers who admit the strict legality of the consent given by the\\nLegislature, object that it is morally wrong wrong in the forum of\\nconscience, to effect a division of the State, until every section shall\\nbe represented in the Legislature. This objection we have already\\nR", "height": "4160", "width": "2492", "jp2-path": "formationofstate00park_0_0143.jp2"}, "144": {"fulltext": "130\\nanswered, and need only add that no loyal mind will hesitate to sar\\nwhere such objectors sympathies lie.\\nOthers object that it is unjust and unfair in the loyal people of\\nWest Virginia, to separate themselves from the loyal people in the\\nValley and in the East, at this time of their trouble. We would ask\\nwho, and where, are those loyal people of the Valley and the East\\nWhere have they been during the fearful struggle of life or death, to\\nour glorious Government Have they rallied around the old flag in\\nthis their country r s peril Have they become voluntary exiles from\\nhome, family and all that is dear, rather than submit to and affiliate\\nwith fiendish traitors Have they abandoned all to the mercy of\\nmarauders and bandits as West Virginians have done, to battle for\\ntheir country If they have, we have not heard of it. But are they\\nnot rather, with some bright exceptions, avaricious and no souled\\nloyalists these submit to the powers that be patriots, whether that\\npower be Jeff. Davis, or any other, no matter, if only their persons\\nand property are kept safe In the bold, open, but deluded rebel,\\nthere is something to admire but in the submit to the powers that\\nbe loyalist, in these times, there is nothing.\\nBut the most important inquiry which all loyal Western Virginians\\nhave to make in this respect, is this have not these now professed\\nfriends and loyalists, of the Valley and the East, done as much, and\\nbeen as ready as any others during the past forty years to impose\\nand continue the unjust oppression to the West Have they ever\\nlifted a voice or a finger towards alleviating our unjust burdens\\nWhat possible claim then can they have on us now to remain and\\nhelp them to reconcile their Confederates in our oppression, until\\nthey can again unite to remand us to our former vassalage Will\\nany sane loyal man hold up his head and say we owe them anything\\nbut retaliation were we unchristian enough to acknowledge and pay\\nsuch a debt, which we trust none of us are disposed to do On the\\nscore of true merit the balance is already largely in our favor. And\\nis there any member of Congress who will desire to retain us to help\\nreconcile among themselves, our common oppressors east of the Al-\\nleghanies for the last forty years, so tbey may again jointly resume\\nand exercise that prerogative, rather,, than help us escape If there\\nis we should Ike to see him hold up Ms head also, and assert it.\\nBut there are none. Such thoughts can only exist in minds unhinged\\nby the mania of secession, or other like malady. Nevertheless we", "height": "4160", "width": "2652", "jp2-path": "formationofstate00park_0_0144.jp2"}, "145": {"fulltext": "131\\nwish it understood that to help true and live loyal men anywhere?\\ninone will make greater sacrifices than loyal West Virginians.\\nBut others object that we should not ask for separation at pres-\\nent, because Congress and the re-organized Government of Virginia\\nwill require our aid to help reclaim and restore the rebellious East.\\nIf it is thought by these Governments, or either of them that loyal\\nWest Virginians can serve the cause better, connected than separat-\\ned, in this respect, and after the re-organized Government shall re-\\nmove to Richmond, where we understand it hopes soon to go, we will\\nconsent to do so most cheerfully, and shall respectfully ask Congress\\nto adopt the following course of action, which will enable us to give\\nthat aid without endangering our final deliverance by the establish-\\nment of the new State. It is this For Congress to pass an act at\\nits present session, giving its consent to the division and admission of\\nWest Virginia, to I ke effect when the qualified voters thereof shall ac-\\ncept the u N itio?t s Proposal made by Congress, pursuant to the rec-\\nommendation of the President, on the 6th of March last, in relation\\nto the gradual emancipation of, and compensation for the few slaves\\nof loyal men now remaining among us, not exceeding 2,000 in num-\\nber. Our Convention, or the Commissioners appointed thereby, can\\narrange with vour body the details to be embodied in your act, and\\nour people will accept, and ratify the same, by a vote of at least\\ntwenty to one, at any time thereafter, when the President shall notify\\nthe Commissioners aforesaid, that our services in that respect are no\\nlonger required. The Commissioners, or Convention, will then sub-\\nmit the provisions to the qualified voters, who are sure to ratify the\\nsame with the unanimity before stated, and the separation will there-\\nupon become consummated. This action on the part of your body\\nat its present session, (making itself a party thereto,) will place the\\nmatter for a certainty, beyond the reach of the repealing power of\\nunfriendly State Legislatures, if such shall have the power, and add to\\nthe new Constitution a provision which nearly all the people earnest-\\nly desire, but which our Convention omitted, and denied us an oppor-\\ntunity to insert, for causes already stated. The competency of Con-\\ngress to give such conditional consent is clear on general principles,\\nand has been sanctioned repeatedly by Congress. Missouri was ad-\\nmitted March 2d, 182 1, on condition that its Legislature should there-\\nafter consent to the compromise measures proposed by Congress.\\nIts Legislature having thereafter consented, and complied with the\\ncondition annexed, its formation became complete and perfect,", "height": "4160", "width": "2564", "jp2-path": "formationofstate00park_0_0145.jp2"}, "146": {"fulltext": "132\\nAugust 28th, 182 1, upon announcement of the fact by proclamation,\\nas the act of Congress provided, and without further action by Con-\\ngress. Volume 3d, page 797, Statutes at Large. So with Michigan.\\nIb., Volume 5th, page 49. So with Wisconsin, lb., Volume 9th,\\npage 233. So with Iowa, lb., Volume 9th, page 177, and so with\\nKansas. In these cases it is true the States were formed out of Fed-\\neral Territory. But it is very clear, that after the Legislature of the\\nmother State gives its consent to the division, fixes the boundaries,\\nand prescribes such other fundamental provisions as she judges the\\nbest interest of the whole State requires, the segregating people must-\\nstand subject only to such limitations, in substantially the same rela-\\ntion to Congress as the residents of Federal Territory. The former\\nmust be as free to negotiate with Congress for its consent, and to\\nmake and receive propositions, as the latter are. In the case of\\nMissouri, the condition annexed by Congress, had relation to the\\nslave institution in that State.\\nIn most of the other cases cited, the conditions annexed by Con-\\ngress related to boundaries. There can be no question therefore, as\\nto the entire right and propriety of Congress, annexing the condition\\nproposed, to its consent, and however much dictation, and improper\\ninterference, the minions of the slave power may affect to see in it,\\nnineteen-twentieths of our loyal people earnestly desire the provision,\\nand desire Congress to do for them as a favor, what their unfaithful\\ndelegates failed to do in the Convention. We beg the members of\\nyour honorable body not to suffer your minds to be abused by a class\\nof men among us who are, or have been enemies to the new State in\\ndisguise. They have spared and will spare no pains to defeat it.\\nSome are members of the Convention and perhaps the commission\\nappointed by that Convention, and others of the Legislature. Tis\\nthe outside pressure of an earnest and determined constituency,\\nwhom they have deceived and now attempt to betray, that makes\\nthem assume their present guise. Their highest aspiration is to de-\\nfeat the whole project, and deliver over West Virginia, with tightened\\nchains and a broken spirit, to her former oppressors.\\nCompare West Virginia as she is, with what she might have been, if\\nshe had been free from the oppression and thraldom of an accursed\\nslave oligarchy and its minions. Her salubrious climate, fertile soil\\nand fine streams, attracted the attention of Washington and his co-\\npatriots. Soon after the Revolution, they patented and attempted a\\nsettlement of a large portion of her land. Their great influence and", "height": "4160", "width": "2572", "jp2-path": "formationofstate00park_0_0146.jp2"}, "147": {"fulltext": "133\\ncombined efforts were directed in that end. The great free West\\nwas then, and for a long time afterwards, an unbroken wilderness\\nand still the tide of emigration and capital has flowed from the East\\nto the West, veering around our repulsive border as the mighty river\\nbends its course around the repellant features of the projecting rock,\\nuntil it has filled up the vast valley with States Imperial, reached the\\nbase of the Rocky Mountains, and sent back its refluent wave nay,\\nit has o er-leaped that stern barrier, peopled the land of gold, and is\\nfast filing up the whole Pacific slope. And where is West Virginia\\nComparatively a wilderness still Look on either side of our beauti-\\nful Ohio. On the one hand is a thrifty, happy and loyal people.\\nTheir hills covered with green pastures, and waving grain, are worth\\nfrom $15 to $30 per acre; on the other side, we find similar hills,\\nbut they are still, in a great measure, covered with primeval forests,\\nand worth from 50 cts. to $1 per acre and a large portion of her\\npeople, roaming bands of marauding guerrillas, mad with treason, and\\nseeking whom they may devour. Your own minds can run out the\\ncontrast and assign the cause.\\nWe have just read the proclamation of our good and sagacious\\nChief Magistrate, restating the standing proposal of the Federal\\nGovernment and using the following significant language\\nIt now stands an authentic, definite and solemn proposal of the\\nNation, to the States and people most immediately interested in the\\nsubject matter. To the people of these States I now earnestly ap-\\npeal I do not argue. I do beseech you to make the argument for\\nyourselves. You cannot, if you would, be blind to the signs of the\\ntimes. I beg of you a calm and honest consideration of them, rang-\\ning, if it may be, far above partisan and personal politics.\\nAll this the people of West Virginia have calmly and deliberately\\ndone, and desire to be the first to accept and carry the same into\\npractical operation, as we have been the first to reclaim and re-or-\\nganize a loyal State Government and we entreat your honorable\\nbody to help us in the manner before indicated or in any other your\\nsuperior wisdom may suggest. And we entreat you not to let our\\nenemies, in whatever form or guise they may appear, misrepresent\\nus. We know our present position is awkward and embarrassing,\\nand hence we stand in greater need of your aid. You know the\\ncauses that have placed us in this predicament. Our sentiment and\\nthat of the Nation are now fully known on the subject. In these\\ntimes of great and sudden changes, startling facts and stern realities,", "height": "4160", "width": "2560", "jp2-path": "formationofstate00park_0_0147.jp2"}, "148": {"fulltext": "134\\nthe known character of your body leads us to hope that no matter of\\nmere form or technicality will be permitted to stand between us and the\\ngreat object which both of the negotiating parties are so desirous to\\nattain. Nor will you let the fallacious, though specious argument it\\nmay be, of our enemies, that the whole State is soon to be reclaimed\\nto loyalty, accept the National proposal, and a millenial harmony\\nis to exist between the East and the West, and that the lion and the\\nlamb, the oppressor and oppressed, are to lie down in love together.\\nLet us not be deceived but remember that the same physical, com-\\nmercial and geographical necessities, the same political, moral and\\nsocial antagonism, will stiH exist as they always have between the\\nsections East and West of the Alleghanies and the line of their\\nseparation is, and will remain, as marked and permanent as the Alle-\\nghanies themselves, absolutely necessitating, now and always, separ-\\nate peoples.\\nConfiding in the justice of your honorable body we have frankly\\ndisclosed our present condition with our hopes, fears and desires,\\nand what seems to us to be our just merits, and appealing from\\nFestus unto Oesar, we commit our Destiny into your hands. If\\ndisenthralled and permitted to set up for herself, West Virginia will\\nat once spring forth into newness of life, with joy and freedom in\\nher wings to bless and be blessed but if remanded to her worse\\nthan former bondage and chains, the young and loyal West, bound\\nindissolubly to the disloyal and now self -immolated East, the living\\nHindoo widow bound to the corpse of her deceased husband, she\\nwill become lost to the country, and no pen can adequately depict\\nthe anguish and utter dispair that will settle with crushing weight\\nupon the hearts of her loyal people. But we know that some timely\\naction of your body will save us from such a fate.\\nThe Loyal People of West Virginia.\\nMay 22, 1862.\\nThe Lawrence County Clipper, at whose office it was printed, pub-\\nlished it in full, in its issue of June 3, 1862. The Wheeling Intelli-\\ngencer, of June 7, 1862, also published it in full. The editor of the\\nlatter, A. W. Campbell, Esq., as I was afterwards informed, visited\\nmany of the editors of the leading Republican journals, explaining", "height": "4160", "width": "2560", "jp2-path": "formationofstate00park_0_0148.jp2"}, "149": {"fulltext": "the vital importance of th\u00c2\u00ab measure, to the loyal people of West\\nVirginia, securing their advocacy, as well as furnishing articles him-\\nself. This effort, on the part of Mr. Campbell, was of great ser-\\nvice, and helped to bring the subject prominently before the public.\\nMany of the journals gave the substance of the Appeal, and all ex-\\npressed sympathy, though some thought the time inauspicious.\\nWhile at Ironton, I accompanied the copy sent to the Hon. Benja-\\nmin F. Wade with an explanatory note, and not having the honor of\\nhis personal acquaintance, the Hon. Ralph Leete and John Camp-\\nbell, Esq., our warm sympathizers, and efficient helpers, on all oc-\\ncasions, were so kind as to vouch for me.\\nLet us now glance, for a moment, to the condition of our case at\\nWashington. The Commissioners having the matter in charge, pro-\\nceeded to Washington soon after they were furnished with copies of\\nthe Constitution, and action of the Legislature, hichw were pre-\\nsented to the Senate by Mr. Willey, one of the Virginia Senators,\\nchosen by the Re-organized Government, accompanied by an appro-\\npriate speech, had there not been a nigger in the wood pile. He\\nurged, with consent of the Commissioners, I presume, that Congress\\nshould admit, with the Constitution as presented, which he declared\\nexpressed the will of the people, and made no allusion, whatever, to\\nthat will, as simultaneously expressed, on. the Emancipation clause, by\\nthe informal vote. This was entirely ignored. The matter was re-\\nferred to the Territorial Committee, of which Mr. Wade, of Ohio,\\nwas Chairman, and Mr.. Carlisle, the other Virginia Senator under\\nthe Re-organized Government, was a member, and then a determin-\\ned enemy in disguise, of a new State, as would seem from the sequel;\\nthough he had been foremost in inaugurating it in the first Conven-\\ntion, as before stated. The matter was referred to this Committee\\non the 25th of May, which did not report till the 23d of June, nearly\\na month, and then reported as Senate Bill No. 365, which was read ai\\nfirst and second time. As this Bill reveals, with so much distinct-\\nness, the cutimus of the home enemy in disguise, that the measure\\nwas cursed with, including Senator Carlisle, whose brain shaped\\nand fashioned, while others inspired I copy its substance, as stated\\nin the Congressional Globe, of that session, page 2942.\\nThe motion was agreed to and the bill (S. No. 365) providing;\\nfor the admission of the State of West Virginia into the Union,, was.", "height": "4160", "width": "2560", "jp2-path": "formationofstate00park_0_0149.jp2"}, "150": {"fulltext": "136\\nread a second time, and considered as in Committee of the Whole.\\nBy an act of the State of Virginia, passed May 13, T862, entitled\\nAn act giving the consent of the Legislature of Virginia to the for-\\nmation and erection of a new State within the jurisdiction of this\\nState, the people of that part of the State of Virginia including the\\ncounties of Hancock, Brooke, Ohio, Marshall, Wetzel, Marion, Mon-\\nongalia, Preston, Taylor, Tyler, Pleasants, Ritchie, Doddridge, Har-\\nrison, Wood, Jackson, Wirt, Roane, Calhoun, Gilmer, Barbour, Tuck-\\ner, Lewis, Braxton, Upshur, Randolph, Mason, Putnam, Kanawha,\\nClay, Nicholas, Cabell, Wayne, Boone, Logan, Wyoming, Mercer,\\nMcDowell, Webster, Pocahontas, Fayette, Raleigh, Greenbrier, Mon-\\nroe, Pendleton, Hardy, Hampshire, and Morgan, did, with the con-\\nsent of the Legislature of the State of Virginia, form themselves into\\nan independent State, and did establish a constitution for the govern-\\nment of the same. The bill therefore proposes to admit the State of\\nWest Virginia into the Union on an equal footing with the original\\nStates in all respects whatever, upon the following conditions that\\nthere shall be included within the State of West Virginia, in addition\\nto the counties already enumerated in the preamble, the following\\ncounties, as laid off and defined by the Legislature of the State of\\nVirginia: Berkeley, Jefferson, Clark, Frederick, Warren, Page, She-\\nnandoah, Rockingham, Augusta, Highland, Bath, Rockbridge, Bote-\\ntourt, Craig, and Alleghany that the convention thereinafter pro-\\nvided for, shall, in the constitution to be framed by it, make provision\\nthat from and after the 4th day of July, 1863, the children of all\\nslaves born within the limits of the State shall be free.\\nThe second section authorizes and empowers the people of the\\ncounties thereinbefore enumerated, qualified under the constitution of\\nVirginia as electors, to vote for and choose representative? to form a\\nconvention for framing and adopting a constitution for a State by the\\nname of West Virginia, or any other name the convention may\\nadopt, in accordance with the provisions of this act and all persons\\nqualified for representatives to the Legislature of Virginia under the\\nConstitution thereof are to be qualified to be elected to the Conven-\\ntion. The election for the representatives is to be held at such time\\nat the usual places of voting in the several counties as the Governor\\nof Virginia may direct and prescribe, and as soon as may be after the\\npeople thereof may be relieved from the presence of armed insur-\\ngents and the representatives to the Convention are to be appor-\\ntioned among the several counties as follows Hancock, 1 Brooke,.", "height": "4160", "width": "2564", "jp2-path": "formationofstate00park_0_0150.jp2"}, "151": {"fulltext": "137\\ni Ohio, 3 Marshall) 2 Wetzel, i Marion, 2 Monongalia, a\\nPreston, 2 Taylor, 1 Tyler, 1 Pleasants, 1 Ritchie, t Dod-\\ndridge, 1 Harrison, 2 Wood, 2 Jackson, 1 Wirt, 1 Roane, 1\\nCalhoun, 1 Gilmer, 1 Barbour, r Tucker, 1 Lewis, 1 Braxton,\\nt Upshur, 1 Randolph, r Mason, 1 Putnam, t Kanawha, 2\\nClay, 1 Nicholas, 1 Cabell, 1 Wayne, 1 Boone, 1 Logan, 1\\nWyoming, 1 Mercer, 1 McDowell, t Webster, 1 Pocahontas, 1 j\\nFayette, t Raleigh, 1 Greenbrier, 2 Monrde, 2 Pendleton, 1\\nHardy, 1 Hampshire, 2 Morgan, t Berkeley, 2 Jefferson, 2\\nClafk, t Frederick, 2 Warren, 1 Page, 1 Shenandoah, 2 j Rock-\\ningham, 3 Augusta, 3 Highland, 1 Bath, t Rockbridge, 2\\nBotetourt, t Craig, 1; Alleghany, i,\\nThe third section enacts that the members of the Convention\\nelected under the provisions of this act shall meet at such places as\\nthe Governor of the State of Virginia shall designate, at as early a\\nday after their election as may be practicable, and shall have power\\nand authority to form a Constitution and State Government upon the\\nconditions prescribed in this act. and not repugnant to the Constitu-^\\ntion of the United States, which Constitution so adopted by the Con-\\nvention shall be submitted to the people of the State of West Vir-\\nginia for their adoption and ratification.\\nThe fourth section enacts that upon the ratification of the Con-\\nstitution framed by the Convention, and the public declaration by\\nthe Legislature of the State of Virginia assenting to the formation of\\nthe State of West Virginia under the provisions and conditions im-\\nposed by this act, it shall be the duty of the Governor thereof to\\ntransmit official evidence of the same to the President of the United\\nStates on or before the day of next, upon receipt whereof\\nthe President, by proclamation, shall announce the fact Whereupon,\\nand without any further proceeding on the part of Congress, the ad-\\nmission of the State into the Union shall be considered as complete.\\nThe fifth section declares that the State of West Virginia shall be\\nentitled, until the next general census, to as many Representatives\\nin the House of Representatives as the population thereof will au-\\nthorize under the present apportionment.\\nIt abrogated, as will be obsei v ed* mil that had been done required", "height": "4148", "width": "2572", "jp2-path": "formationofstate00park_0_0151.jp2"}, "152": {"fulltext": "138\\nthe whole thing to be gone over again y admitted the State, whether\\nits form of government was republican or not, upon these conditions,\\nviz that it should include nearly or quite all the Counties of the\\nShenandoah Valley, to the top of the Blue Ridge, (the same scheme\\nthat was attempted in the Convention; should contain a clause that\\nall children born of slaves after July 4, 1863, should be free that\\nsuch Constitution should be submitted to the people of all the\\nCounties named, after all military force had been removed, and re-\\nceive a majority of. votes, be consented to by the Legislature of\\nVirginia, and then to becomes member of the Union upon the Presi-\\ndent issuing his proclamation without Congress having had the\\nopportunity of deciding whether the form of government was repub-\\nlican or not. The scheme was as shallow and suicidal, as it was\\nspecious and treacherous. Who of the Territorial Committee was\\nthe deviser and getter-up of the scheme, Mr. Wade tells in the\\nsequel. That member of the Committee had the matter in his hands\\nfor nearly a month, and while copies of our printed Appeal aforesaid,\\nwere in the hands of the members of Congress, the Territorial Com-\\nmittee, as well as the friends and enemies out of Congress. Of\\ncourse, during that time, the particular member of the Territorial\\nCommittee, had the counsel and advise of its opponents living in\\nand out of the proposed State, including a majority at least, I believe,\\nof the Commissioners, especially charged to see the measure carried\\nthrough.\\nTheir object was to meet the gradual emancipation offered to Con-\\ngress by the Appeal, by adopting a gradual emancipation clause, and\\nat the same time to effectually kill the measure by introducing other\\nfeatures, as the taking in of the fifteen additional Valley Counties,\\npostponing the popular vote until peace should be restored through-\\nout the whole oi Virginia, which meant country. Of course it meant\\ncertain death to the new State, in any form.\\nThe Report of the Territorial Committee the 23d of June, at first\\nstaggered and bewildered everybody, editors included hence, all\\nsorts of interpretations were put upon their Report by the press,\\nwhich the enemy everywhere regarded, and pronounced to be, certain\\ndeath to the new State.\\nAbout this time I had occasion to go to Parkersburg on private\\nbusiness, where I learned, for the first time, from conflicting state-\\nments in the papers, that the Committee had reported, and the gener-", "height": "4152", "width": "2572", "jp2-path": "formationofstate00park_0_0152.jp2"}, "153": {"fulltext": "139\\nal features of the bill. Dropping my private matters, I immediately\\nwent to Wheeling, where I was informed some of our Commissioners,\\nwith other opponents, had just passed through Wheeling on their re-\\nturn from Washington, to their homes, and had pronounced the\\nmeasure dead. The Wheeling papers, including the Intelligencer,\\nalso said as much.\\n[From the Wheeling Intelligencer of June 27, 1862.]\\nTHE SENATE BILL FOR THE FORMATION OF A NEW\\nSTATE.\\nWe print on our first page this morning the report of the U. S.\\nSenate Committee on Territories, providing for the foimation and ad-\\nmission of a new State, to which reference was made yesterday. We\\ndo not know that anything can be profitably added to the much that\\nhas already been said on this subject. We confess that in view of\\nthis report, and the poor prospect that seemingly exists for its rejec-\\ntion, the whole matter of a new State begins to pall upon our taste.\\nWe begin to feel as if we had been doing the work of Sysiphus as\\nif all the labor, all the anxiety, and all of the troublous watching and\\nwaiting and hoping of our people had gone for nothing.\\nThere is very little to be said further of an argumentative kind\\nagainst this report. The whole ground has been traveled and re-\\ntraveled again and again, and our people are grown familiar and per-\\nhaps weary with the details. And yet notwithstanding all that has\\nbeen said and written this very report evinces how little the gist of\\nthe whole effort for a new State is understood and appreciated outside\\nof our midst. Either the Senate do or do not desire us to have a new\\nState. If they do desire it the report of their Committee on Territo-\\nries will be promptly rejected, for that body must realize the force of\\nthe assertions that its adoption will never in the world give the people\\nof West Virginia what they have been so long wanting, viz a new\\nand free State. To say that the boundaries prescribed shall be adhe-\\nred to is to say that the State of Virginia shall remain whole and in-\\ntact, for just as sure as to-morrow s sun shall rise they will never be\\nthe boundaries of a new State that will include this section. The\\nstubborn fact that neither our people nor the people of the new\\ncounties proposed to be added will vote for any such State ought to", "height": "4160", "width": "2556", "jp2-path": "formationofstate00park_0_0153.jp2"}, "154": {"fulltext": "140\\ndispel the delusion of the Senate, if in reality they are deluded and\\nare honestly endeavoring to give us a new State. And the additional\\nstubborn fact that our next Legislature is to meet at Richmond, and\\nthat it will consist of a preponderance of those deadly hostile not on-\\nly to us for the part we have taken on behalf of the Union, but to\\nthe very idea of a division of the State, ought to insure the rejection\\nof the report without so much as a division on the vote. The people\\nof the Valley, of the Southwest, of the Eastern shore, and of the\\nRichmond country scout at the very thought of such a thing as a new\\nState. Granting that the Legislature may be ever so loyal, which no\\nintelligent man. believes for a moment, their hostility to the project\\nwill be just as fatal to us as if they were disloyal. The proof of this\\nis that every member from the East to our Legislature was opposed\\nto the new State. Does any one suppose their minds will change\\nwhen they get to Richmond Never\\nThe whole thing, then, now to be done, and the only thing, is for\\nthe Senate to reject this report. We hope to see our Senators moving\\nto amend it by substituting the boundaries laid down at Wheeling.\\nAs to the provision concerning slavery, our people would have no\\nobjections to that. Let the Senate tack on the emancipation clause,\\nand our voters will give them an earnest of how much they are en-\\nlisted in this matter of a new State, by promptly adopting it. We\\nappeal, then, to the intelligent and sincere men of the; United States\\nSenate, who are the friends of West Virginia, and who do not desire\\nto see her put back under the domination of ichmond when she\\nhas so nearly escaped from the hated oppression of that slavery rule,\\nto come promptly to our rescue and save the new State. Now is\\ntheir only opportunity. If this session goes over, and we are not\\nadmitted, then, indeed, is the harvest past and the summer ended for\\nus through all time to come,\\nStrange as it may seem to some now, though greatly depressed, I\\ncould not so regard it, but felt, by proper efforts, the new State might\\nyet be saved. I called on the Governor and told him, if he would\\narrange to pay my personal expenses, and notify the Commissioners\\nto meet me in Washington, I would at once go on, and we would\\nmake a trial. He said he would notify the Commissioners, and re-\\nferred me to Daniel Lamb, Esq., a member of the Convention, and", "height": "4160", "width": "2572", "jp2-path": "formationofstate00park_0_0154.jp2"}, "155": {"fulltext": "141\\nCashier of the Bank, in which the .State Treasurer deposited its\\nland.-. J called on Mr. Lamb, stated my conference widi the (tov-\\nernor, that he referred me to him, as havirrg charge of the funds ap-\\npropriated by the Legislature for the purpose, for sufficient to defray\\nmy personal expenses to Washington and back. He told me as i\\nnow recollect, the amount appropriated for the purpose had already\\nbeen expended, and he had no authority to make the advance. I\\ngave him my check on the Ironton Bank for seventy-five dollars,\\nwhich he cashed, and which was duly honored. I asked him if he\\nwould come to Washington he said his engagements would not\\npermit, and expressed, I think, a belief, that the measure was dead.\\nI shall never forget how surprised Mr. Lamb looked, on that occasion,\\nwhen I told him I thought there was still hope, and should make an\\neffort. I reported to the Governor the result, and proposed to de-\\nfray my own expenses, if he would have as many of the Commis-\\nsioners and friends come to Washington as possible. I at once left\\nfor Washington, and on arriving at the National Hotel met (provi-\\ndentially, it would seem) the Hon. Ralph Leete and John Camp-\\nbell, Esq., of Ironton, Ohio, who were there on private business.\\nThis was the 28th of June, 1862, and I remained there until the 17th\\nof July following after the bill, in its present form, for the admis-\\nsion of West Virginia, had passed the Senate (the 14th of July) by a\\nvote of 23 to 17 and the House, the 16th of same July the Hon.\\nJohn A. Bingham, having charge of the bill kad refused to lay it\\nupon the table, by a vote of 70 to 44 but, postponed its further con-\\nsideration till the second Tuesday of December then next, by a vote\\nof 63 to 53 Congress adjourned the next day. After the postpone-\\nment, several of the members were so kind as to come to the few of\\nus that remained, expressing their personal sympathy, and giving\\nassurance that a large majority of the House were for us, and that\\nthe Bill would certainly be passed early the next Session. Among\\nthem, the Hon. Owen Lovejoy, since gone to his reward. The Bill\\npassed the House without amendment the 10th of December follow-\\ning, by a vote of 96 to 55 was approved by the President December\\n31st, and unanimously ratified by the Convention that was afterwards\\nre-convened, and by the people, to whom it was submitted, and the\\nnew State became consummate, and a member of the Union the 20th\\nof June, 1863.\\nFidelity to truth, and justice to individuals, requires I should state\\nthe condition, in which I found things, on arriving at Washington the", "height": "4160", "width": "2572", "jp2-path": "formationofstate00park_0_0155.jp2"}, "156": {"fulltext": "142\\n28th of June, 1862, and what transpired, relating to the subject while\\nthere. My friends, Messrs. Leete and Campbell, informed me,\\nthat from what they could learn, the new State was dead, but propos-\\ned to go that evening and introduce me to Senator Wade, Chairman\\nof the Territorial Committee, that reported the Bill to whom I had\\naddressed a letter, after gathering, as near as I could, from the\\npapers, the substance of the Report stating briefly our objections.\\nWe went to his room and they introduced me. I inquired if he had\\nreceived the printed Appeal and my letters. He said he had, and\\ncarefully read them, and believed we were right, and merited all we\\nasked but the Committee had intrusted to Mr. Carlisle the shap-\\ning of the Bill he being from that section, having personal knowl-\\nedge, and professed to be zealous Tor the new State. I explained\\nthe matter fully he agreed to our plan and promised his aid to carry\\nit out\u00e2\u0080\u0094 remarking that some of the Committee had began to distrust\\nthe sincerity of Mr. Carlisle. He requested we should see Mr.\\nWilley, and ask him to call at his room next morning. Mr. Leete\\nand myself called on Mr. Willey in the morning, and delivered the\\nmessage. His manner was grave and reticent, but said, I think, he\\nhad prepared an amendment he intended to offer, when the Bill\\ncame up again. We then called on the Virginia Representatives that\\nhad been elected by the new State people, Messrs. Blair, Brown\\nand Whaley. They were more communicative, but had faint hopes\\nof success the last named having said, as we afterwards learned,\\nthe measure would not get a vote in the lower House. But before\\nCongress adjourned, he got permission to print a speech, in its favor,\\nwhich he had circulated among his constituents, for which we were\\nthankful. We felt there was little hope of resuscitating aid, save\\nfrom heroic Ben Wade, whose intellect, we felt, we had convinced,\\nand sympathy aroused, and his like that lived outside of Virginia\\nthough the Hon. Wm. G. Brown, one of our Representatives, had\\non the 25 th of June introduced a Bill in the House, the nature of\\nwhich will appear in the sequel.\\nThat day, Commissioners Caldwell, Paxton, and E. B. Hall,\\nwith several earnest new State friends, arrived from West Virginia.\\nThe late Mr. Van Winkle, another Commissioner, having accom-\\npanied them as far as the Relay Junction, continued on to New York\\nto enjoy a summer recreation. Commissioner Hall stayed but a\\nday or so and left. The rest, being in dead earnest for a new State,\\naroused Mr. Willey and the three Virginia Representatives to a", "height": "4160", "width": "2572", "jp2-path": "formationofstate00park_0_0156.jp2"}, "157": {"fulltext": "143\\ncomprehension of the situation, and what our people were expecting\\nof them. The same day this party arrived I was introduced to the\\nRev. Dr. R. McMurdy, of Kentucky, who had studied the facts of\\nour case, and became an enthusiast in our cause. I think him the\\nmost untiring, versatile gentleman I ever met. He enjoyed the per-\\nsonal acquaintance and respect of the members generally, and had\\nthe address to command their attention. Through him and Mr.\\nLeete, who had many acquaintances, we were introduced to most of\\nthe leading members of both Houses.\\nAmong the friends that came on, was the late Harrison Hagans,\\nEsq., of Preston County, a man full of energy and downright earn-\\nestness. It was him that approached with success, the most fastidious\\nand inaccessible members. These friends stayed some three or four\\ndays, impressed the members of both Houses with their weight of\\ncharacter and earnestness of purpose. They were then obliged to\\nreturn home, leaving Messrs. Leete, Campbell, McMurdy and my-\\nself to keep the ball in motion, which they had so well started. Mr..\\nCampbell was obliged to leave in a few days, depriving us of his\\nwise counsel and large influence.\\nThe friends had now resuscitated and energised the measure, and\\nsecured the attention of Congress, and imparted to the measure,,\\nsomething of the importance it merited. Heroic Ben Wade had\\nbecome thoroughly aroused. Senator Willey had partially emerged\\nfrom his shell, and began to realize that the measure had friends, as.\\nwell as the enemies, who, it would seem, had hitherto monopolized\\nhis attention as well as sympathy at the head of the latter was Mr.\\nCarlisle, in disguise, and only slightly suspected by his fellows on,\\nthe Territorial Committee. They put in circulation all sorts of. ob-\\njections and bugbears. It was to meet these, I published in, the\\nNational Republican, the following letters, of which the editor spoke\\nkindly, and commended the measure in an able editorial\\n[Letter to the National Republican\\nWEST VIRGINIA\u00e2\u0080\u0094 CONGRESS SHOULD ADMIT HER AT\\nONCE.\\nWhile we acknowledge with gratitude the favorable consideration\\nof our application by Congress, the press, and loyal people every-", "height": "4160", "width": "2580", "jp2-path": "formationofstate00park_0_0157.jp2"}, "158": {"fulltext": "144\\nwhere, we fear that our friends in Congress do not justly appreciate\\nthe importance of definite action by that body upon the subject at the\\npresent session.\\nThe boundaries described in the Constitution which has been pre-\\nsented,, were carefully considered and unanimously adopted by the\\nConvention, and subsequently ratified by the people and Legislature\\nof the mother State. These, in the opinion of the parties that have\\nalready acted, require no change, and will not admit of the change\\nproposed by the report, without defeating the entire measure.\\nA provision for the gradual, but certain, extinction of slavery our\\npeople desire, and will, very unanimously, adopt. We ask, however,\\nthat while this provision shall be of such a character as to deprive\\nthe expiring slave element of all political power in the new State, it\\nshall admit of such disposition of the slaves in being, at the time. the\\npost naii clause shall take effect, as humanity and the best interests\\nof the parties immediately interested may dictate. Nor have we any\\nobjection to this provision being made a condition precedent, to be\\ncomplied with before the State shall become established for we wish\\nCongress to give us nothing in this respect on trust. We desire it to\\nbe named in the bond, no less than they.\\nBut we have very serious fears that if Congress shall defer definite\\naction on the subject until the next session, the State Legislature\\nwill, in the meantime, repeal the act of the 13th May last, giving its\\nconsent to the division. We fully understand our enemy, and with\\nwhat alacrity and reckless desperation they are accustomed to exe-\\ncute their favorite plans. To defeat the new State no7u and forever\\nIs one of these plans. By existing laws they have the right to elect\\nand send in delegates to the State Legislature, and secure thereby a\\nmajority in that body adverse to letting West Virginia go. To their\\naccustomed cupidity has~now become added insatiate revenge. The\\nState Legislature will be convened before Congress shall meet again,\\nand the irreparable mischief be done, if Congress fail to become a\\nparty to the measure the present session. It need consume but little\\ntime. It will transfer, for certainty nearly half the territory of the\\nOld Dominion from slavery to freedom, with the whites and black?\\nliving thereon. It will dispel, to this extent at least, the dark .cloud\\nand let in the sun.\\nBut how important, in a political and national point of riew, that", "height": "4156", "width": "2580", "jp2-path": "formationofstate00park_0_0158.jp2"}, "159": {"fulltext": "145\\nCongress should act now, and make our deliverance certain. If\\nCongress fails to act now, it will be accounted by many a total defeat.\\nWith what heart, then, can our people go about raising the fresh\\nquota of troops now called for by the President With what heart,\\ncan our sons already in the field, or to be sent there, help to bear the\\nNation s flag on to victory, while they and all of us shall feel that that\\nvictory must certainly consign us back to a vassalage aggravated\\nby every enormity that enmity and the spirit of revenge can invent\\nBut let it be certai?i that our deliverance from the Valley and East\\nis secure, and our people will respond most willingly to every call, and\\nshoulder to shoulder help bear the Nation s flag to certain and com-\\nplete victory over a common enemy to all loyal Americans, if not to\\nmankind.\\nBesides, the immediate establishment of the new State will do much\\ntowards extinguishing the last hope of the rebels residing within the\\nbounds. They have been taught, and many religiously believe, that\\ntheir first duty is to serve their State. Let Congress, then, at once\\ngive them a State government, attachment to which shall be attach-\\nment to the Federal Government at the same time. It will do much\\nto bring back the deluded, and crush the last hope of premeditate d\\ntreason within our bounds. For these reasons we respectfully ask of\\nCongress inunediate action.\\nLoyal People of West Virginia.\\nJuly 8, 1862.\\n[Letter to the National Republican\\nWEST VIRGINIA\u00e2\u0080\u0094 OBJECTIONS TO ITS ADMISSION\\nANSWERED.\\nSome of our friends say they have scruples, whether, acting upon\\nthe consent of the Legislature of the mother State, given before all\\nthe Counties thereof were in fact represented, would be* Constitu-\\ntional. We would remind such that the existing laws of Virginia\\nmake a majority of members, duly elected and qualified, a Constitu-\\ntional legislative quorum for doing business. That all the Counties\\nwere invited to elect and return members; and all duly elected and\\nqualified, whether coming from the East, the Valley, or the trans-\\nAlleghany, have been admitted to seats. That there exists no power\\nT", "height": "4160", "width": "2572", "jp2-path": "formationofstate00park_0_0159.jp2"}, "160": {"fulltext": "UG\\nto compel the election and return of members. That the Legislative,\\nExecutive and Judicial branches of the re-organized government rest\\nupon the same basis. The present Congress have admitted Senators\\nelected by this Legislature have paid $41,000 of the surplus revenue\\nto this government. That the Federal Government has accepted,\\nnow commands and pays fourteen regiments, enlisted, organized and\\ncommissioned by Governor Peirpoint, and has for a whole year rec-\\nognized this re-organized government as the legitimate authority of\\nVirginia for all purposes. And still, if after all this there is any friend\\nin Congress who doubts the power of this State Legislature to give\\nconsent to the proposed division required by the Federal Constitu-\\ntion, we should feel constrained, perhaps, to respect him for the\\ngoodness of his heart, but not for his understanding.\\nOthers object, that they entertain doubts as to the propriety of\\nCongress annexing to its consent a condition precedent, which must be\\ncomplied with by the party asking the favor, before that party can\\ntake anything by his petition.\\nNow, all will concede that it is a pure matter of discretion with\\nCongress to grant or refuse the petition of West Virginia, The real\\nmerits of the case, she makes out, constitute her only ground of\\nclaim, and should be such, we admit, as will readily evoke the exer-\\ncise of this discretionary power by Congress, while looking to the\\nadvantages to be derived, as well to the new State as- the whole\\ncountry. Can it be contended for a moment that Congress, in the\\nexercise of this high discretionary power, shall be confined to the\\ngiving of an absolutely affirmative or negative answer May it not,\\nwith the strictest propriety, say to the applicants, We grant your\\npetition* on this or that condition or provided you will adopt this or\\nthat specified amendment And in the present case, the amend-\\nment proposed is what our people have for a long time desired and\\nwished to have incorporated in the Constitution at the time it was\\nframed and unanimously wish it done now in the manner proposed,\\nas saving time, expense, and, very likely, the new State itself. It\\nseems to us that such objections are more nice than wise, and ill\\nfitted to grapple with facts and the great realities of the clay.\\nOthers object that we are too hasty unwilling to bide our time.\\nThat we ought to wait till the rebellion shall be crushed out in every\\npart of the State, and peace and harmony restored. Restored to\\nwhom, and in what manner T he same old vassalage, only aggravat-", "height": "4160", "width": "2560", "jp2-path": "formationofstate00park_0_0160.jp2"}, "161": {"fulltext": "147\\ned five fold, restored to us But, say our friends, Oh, we will help\\nyou then. How help Has Congress or the Federal Government\\nany power to make one vote weigh down twv at the ballot box The\\nFederal Government will have no right to interfere there and then.\\nWest Virginia will be crushed beneath accumulated burdens, and thus\\nshe must remain till Providence shall repeat its benign interposition,\\nor a brave people shall cut their way out by the sword against their\\noppressors, and the Federal arm which the oppressors can in such\\ncase Constitutionally invoke.\\nThe past year of desolating civil war in our midst and at our doors,\\nhas taught us to be active and vigilant and we hope all loyal men\\nhave profited from the last year s experience in this respect. Wheth-\\ner, then, the speedy transference of 34,000 square miles, bordering\\nfrom 200 to 300 miles upon the Ohio river\u00e2\u0080\u0094the great highway of the\\nNation, both civil and military\u00e2\u0080\u0094 and reaching back to the impassible\\nsummit of the Alleghanies, with 300,000 to 400,000 people, white and\\nblack, from slavery to freedom and a speedy restoration of this peo-\\nple to a settled and unwavering loyalty to a sense of security be-\\nneath the old flag to an army of determined and resolute soldiers,\\nready to guard that river and the rights of a Government that they\\nshall feel has done them justice, be worthy, in a military, political,\\nor moral point of view, a short time of Congress at its present\\nsession, is for that body and the people to decide bearing in mind\\nthat delay may defeat all.\\nLoyal People of West Virginia.\\nJuly 10, 1862,\\nWhen Mr. Wade first called up the Bill, June 26, and before the\\nfriends had arrived., Mr. Sumner objected to its Gradual Emancipa-\\ntion ^feature, and proposed to amend by substituting therefor, the\\nJeffersonian clause in the organization of the North Western Terr-\\nitory, in 1787, namely Within the State there shall be neither\\nslavery nor involuntary servitude, other than in punishment of crime\\nwhereof the party be convicted. It was probably this blow between\\nthe eyes of their fraudulent, shallow subterfuge, by Mr. Sumner, that\\npleased its originators, and encouraged the remnant passing through\\nWheeling shortly after, on their way home, to pronounce the new\\nState dead.", "height": "4160", "width": "2572", "jp2-path": "formationofstate00park_0_0161.jp2"}, "162": {"fulltext": "148\\nMr. Willey, thinking probably, that the death was too sudden, to\\nlook well, moved an amendment to Mr. Sumner s amendment, which\\nthe President pro. tern, decided was to the bill itself, and ruled it\\nout of order. Thus the matter stood when I arrived, June 28.\\nJuly 1, Mr. Willey, with Mr. Wade s consent, I presume, called\\nup the Bill again, and Mr. Sumner urged the adoption of his amend-\\nment, with his usual force, to which Mr. Hale, of New Hampshire,\\nhappily replied. Judge Collamer, among the ablest lawyers in the\\nSenate, next struck the feature that proposed to permit a new State\\nto be formed, and admitted to the Union, without Congress having\\nthe privilege of seeing the Constitution, when formed, and deciding,\\nas was its duty, whether it was republican or not. This was a stun-\\nning objection, and admitted of no answer. Mr. Collamer, at the\\nsame time, expressed his entire conviction that Congress had the\\nright to annex conditions to its assent and other leading members\\nconcurred with him.\\nMr. Willey then offered a substitute, leaving out the additional\\nValley Counties, included in the Bill, providing, that children born of\\nslaves after the fourth of July, 1863, should be free; but referred the\\nratification to the Convention to be re-convened, and not to the people,\\nnor did he allude, in any form, to the informal vote in favor of Grad-\\nual Emancipation. I copy from the Globe Senator Willey s substi-\\ntute, page 3036.\\nWhereas, by an act of the State of Virginia, passed May 13,\\n1862, entitled An act giving the consent of the Legislature of Vir-\\nginia to the formation and erection of a new State within the juris-\\ndiction of this State, the people of that part of the State of Vir-\\nginia, including the Counties of Hancock, Brooke, Ohio, Marshall,\\nWetzel, Marion, Monongalia, Preston, Taylor, Tyler, Pleasants,\\nRitchie, Doddridge, Harrison, Wood, Jackson, Wirt, Roane, Calhoun,\\nGilmer, Barbour, Tucker, Lewis, Braxton, Upshur, Randolph, Mason,\\nPutnam, Kanawha, Clay, Nicholas, Cabell, Wayne, Boone, Logan,\\nWyoming, Mercer, McDowell, Webster, Pocahontas, Fayette, Raleigh,\\nGreenbrier, Monroe, Pendleton, Hardy, Hampshire, and Morgan,\\ndid, with the consent of the Legislature of said State of Virginia,\\nform themselves into an independent State, and did establish a Con-\\nstitution for the government of the same.", "height": "4160", "width": "2560", "jp2-path": "formationofstate00park_0_0162.jp2"}, "163": {"fulltext": "141)\\nWest Virginia is hereby admitted into the Union on an equal\\nfooting with the original States in all respects whatever, and upon the\\nfundamental condition that from and after the 4th day of July, 1863,\\nthe children of all slaves born within the limits of said State shall be\\nfree, and that no law shall be passed by said State by which any citi-\\nzen of either of the States in this Union shall be excluded from the\\nenjoyment of any of the privileges and immunities to which such\\ncitizen is entitled under the Constitution of the United States.\\nProvided, That the Convention that ordained the Constitution as\\naforesaid, to be re-convened in the manner prescribed in the schedule\\nthereto annexed, shall by a solemn public ordinance declare the\\nassent of the said State to the said fundamental condition, and shall\\ntransmit to the President of the United States on or before the 15th\\nday of November, 1862, an authentic copy of said ordinance, upon\\nthe receipt whereof the President by proclamation shall announce\\nthe fact; whereupon, and without any further proceeding on the part\\nof Congress, the admission of said State into this Union shall be\\nconsidered as complete.\\nMr. Wade admitted there was insuperable objections to the Bill as\\nreported said it did not receive the formal assent of the Commit-\\ntee, though they thought it sufficient to bring the subject before the\\nSenate. He accepted the substitute offered by Mr. Willey, and\\nproposed this amendment that all slaves under twenty-one years\\nof age, the 4th of July, 1863, shall be free on arriving at that age.\\nMr. Willey said he greatly preferred, if the State of West Fir-\\nginia is to be admitted, that it should be according to the Constitution,\\nexactly as it had been approved by that portion of the people of Vir-\\nginia, without any condition, and without any amendment; but, sir,\\nfeeling that the views, sentiments, and opinions of others in this body\\nare entitled to all respect, I have viewed it but right to make conces-\\nsions beyond what are personally agreeable to myself, and to accept\\nthe proposition by way of amendment, c.\\nMr. Carlisle, at this point, became alarmed, and began to un-\\nmask. He opposed the substitute, contending the matter should be\\nreferred back for ratification, not only to the Convention, but to\\nthe people also and charged upon his colleague that his motive for\\nwithholding from the people was that he knew they would reject it\\nand that the majority of the people did not want a new State, unless\\nin the form proposed by the Constitution, or Bill, as reported and", "height": "4160", "width": "2560", "jp2-path": "formationofstate00park_0_0163.jp2"}, "164": {"fulltext": "150\\nthat his colleague was afraid to submit the question to the people.\\nMr. Carlisle presented this point with great force and eloquence,\\n.and made, apparently, a decided impression upon the Senate so\\nmuch so, that the friends in the gallery sent one of their number to\\ncall Mr. Willey out, and urge him to so amend, as to refer the rati-\\nfication to the people as well as to the Convention. This was done,\\nand Mr. Willey consented to accept and substitute the Bill drawn\\nby the Hon. Wm. G. Brown, of the House, with the advice of\\nfriends, and presented in the House as before stated. This was the\\nBill that became a law, amended in one particular only, on motion of\\n.Senator Lane, of Kansas, namely, that slaves under ten, when the\\nConstitution takes effect, shall be free at the age of twenty-one, and\\n.all over ten, and under twenty-one, shall become free at twenty-five.\\nThe amendment proposed, was assented to by Messrs. Wade and\\nWilley. The amendment proposed by Mr. Sumner before stated,\\nfrad before this, been voted down by twenty-four to eleven and\\nafterwards, on motion of Mr. Carlisle, to amend, so as to admit the\\n.State, under the Constitution, as it came from the Convention, with-\\nout any condition, it was rejected by a vote of twenty -five to eleven.\\nThis decided which of the parties had been right in their judgment\\nin the Convention, and subsequently. For the discussion that after-\\nwards occurred in the Senate, the reader is referred to the Congres-\\nsional Globe, of j86i and 1862, pages 3307 to 3320\u00e2\u0080\u0094 -with this one\\nremark in regard to Senator Willey, and an extract from Senator\\nWade s remarks, showing his opinion of Mr. Carlisle, and how\\nsuch a Bill came to be reported by the Territorial Committee.\\nMr. Willey, before giving his vote for the rejection of the last\\nmotion of Mr. Carlisle, to substitute the Constitution as it came\\nfrom the Convention, thus remarked Although, as I have already\\nstated, that would be more acceptable to me, yet having proposed\\nthe substitute in good faith, to meet my friends on the other side, I\\nshall vote against the motion to strike out.\\nThe vote on these two questions disclosed our strength in the Sen-\\nate, when met by either of the extremes. Of course, the friends be-\\ncame confident of success in that body. Mr. Carlisle, however, as\\nhis last effort to defeat, made a vehement speech in favor of post-\\nponing the matter till the first Monday of the next December. Mr.\\nW illey, in his reply, seemed to have at last caught up with the ideas\\nand sentiments, the loyal people of West Virginia entertained upon", "height": "4160", "width": "2564", "jp2-path": "formationofstate00park_0_0164.jp2"}, "165": {"fulltext": "151\\nthe subject of gradual emancipation ideas and sentiments that they\\nhad been, for nearly a year, expressing in all forms, and sought to\\nhave the Convention, of which he was a member, express in the\\nConstitution; but were debarred by himself and confederates. But\\nthey did express themselves almost unanimously, on this subject by\\nthat separate poll, which, neither he nor his confederates had there-\\ntofore deigned to notice, or allude to. Nor would Mr. Willey prob-\\nably have alluded to it, at this time, had he not found it expressly re-\\nferred to in the Bill Mr. Brown, of the House, had drawn and pre-\\nsented, and which he had borrowed and used in place of his sub-\\nstitute-; and thereby as appeared to friends in the gallery, saved\\nhimself from certain defeat in the Senate. I here insert Mr.\\nBrown s Bill amended, as before stated, that became a law.\\nAN ACT FOR THE ADMISSION OF THE STATE Of WEST\\nVIRGINIA INTO THE UNION, AND FOR OTHER PUR-\\nPOSES.\\nWhereas the people inhabiting that portion of Virginia known as\\nWest Virginia, did, by a Convention assembled in the city of Wheel-\\ning on the twenty-sixth of November, eighteen hundred and sixty-\\none, frame for themselves a Constitution with a view of becoming a\\nseparate and independent State and whereas at a general election\\nheld in the Counties composing the territory aforesaid on the third\\nday of May last,- the said Constitution was approved and adopted by\\nthe qualified voters of the proposed State and whereas the Legisla-\\nture of Virginia* by an act passed on the thirteenth clay of May,\\neighteen- hundred and sixty-two, did give its consent to the formation\\nof a new State within the jurisdiction of the said State of Virginia,\\nto be known by the name of West Virginia, and to embrace the fol-\\nlowing named Counties, to-wit Hancock, Brooke, Ohio, Marshall,\\nWetzel, Marion, Monongalia, Preston, Taylor, Tyler, Pleasants,\\nRitchie, Doddridge, Harrison, Wood, Jackson, Wirt, Roane, Calhoun,\\nGilmer, Barbour, Tucker, Lewis, Braxton, Upshur, Randolph, r Mason,\\nPutnam, Kanawha, Clay, Nicholas, Cabell, Wayne, Boone, Logan,\\nWyoming, Mercer, McDowell, Webster, Pocahontas, Fayette,\\nRaleigh, Greenbrier, Monroe, Pendleton, Hardy, Hampshire and\\nMorgan; and whereas both the Convention and the Legislature-", "height": "4160", "width": "2564", "jp2-path": "formationofstate00park_0_0165.jp2"}, "166": {"fulltext": "aforesaid have requested that the new Sta e should be admitted into\\nthe Union, and the Constitution aforesaid being republican in form,\\nCongress doth hereby consent that the said forty-eight Counties may\\nbe formed into a separate and independent State Therefore,\\nBe it enacted by the- Senate and House of Representatives of the\\nUnited States of America in Congress assembled, That the State of\\nWest Virginia be, and is hereby, declared to be one of the United\\nStates of America, and admitted into the Union on an equal footing\\nwith the original States in all respects whatever, and until the next\\ngeneral census shall be enticed to three members in the House of\\nRepresentatives of the United States Provided always, That this\\nact shall not take effect until after the proclamation of the President\\nof the United States hereinafter provided for.\\nIt being represented to Congress that since the Convention of the\\ntwenty-sixth of November, eighteen hundred and sixty-one, that fram-\\ned and proposed the Constitution for the said State of West Virginia,\\nthe people thereof have expressed a wish to change the seventh sec-\\ntion of the eleventh article of said Constitution by striking out the\\nsame and inserting the following in its place, namely The children\\nof slaves born within the limits of this State after the fourth day of\\nJuly, eighteen hundred and sixty-three, shall be free and that all\\nslaves within the said State who shall, at the time aforesaid, be under\\nthe age of ten years, shall be free when they arrive at the age of\\ntwenty-one years and all slaves over ten and under twenty one\\nyears shall be free when they arrive at the age of twenty-five years\\nand no slave shall be permitted to come into the State for permanent\\nresidence therein Therefore,\\nSec. 2. Be it further enacted, That whenever the people of West\\nVirginia shall, through their said Convention, and by a vote to be\\ntaken at an election to be held within the limits of the said State, at\\nsuch time as the Convention may provide, make, and ratify the\\nchange aforesaid, and properly certify the same under the hand of\\nthe president of the Convention, it shall be lawful for the President\\nof the United States to issue his proclamation stating the fact, and\\nthereupon this act shall take effect and be in force from and after\\nsixty days from the date of said proclamation.\\nApproved, December 31, 1862.", "height": "4160", "width": "2560", "jp2-path": "formationofstate00park_0_0166.jp2"}, "167": {"fulltext": "153\\nEXTRACT FROM THE CLOSING REMARKS OF MR. WADE,\\nIN REPLY TO MR. CARLISLE S SPEECH FOR POST-\\nPONEMENT.\\nI want to say one word, and only one word, because I understand\\na motion has been made to postpone this bill until the next session.\\nThere is no gentleman who knows exactly when human nature is\\nweak, just exactly the time to strike, like my friend from Illinois. He\\nunderstands the weakness of human naturej and the persuasive ar-\\ngument towards dinner time of a motion for delay and how argu-\\nments, otherwise without weight and without much reason, press upon\\nmen when they are pretty sure that they do no harm to anybody,\\nwhen they have done no positive act* In accordance with our nat-\\nural indolence, such an argument is very apt to have weight, and yet\\nit is the most dangerous in a legislative assembly that is \u00e2\u0082\u00acver made.\\nNobody knows it better than my friend from Illinois.\\nGentlemen say that I have said enough, I suppose I have, and\\nam not going to say much more. Gentlemen ought not to admonish\\nme much, for I believe I never make long speeches. This is a very\\neasy way for us to rid ourselves of this question, but it will not be\\nso satisfactory to those who feel such a vital interest in it as the peo-\\nple of West Virginia, who have sent their population here almost en\\nmasse to urge it upon this Congress to pass this measure and relieve\\nthem from the alarm that they are under in consequence of the un-\\ncertainty that they may be left in the hands of their enemies. That\\nthere is to be a separation is a foregone conclusion? and no man has\\nurged it upon the Committee more strongly than the Senator who\\nnow opposes immediate action, [Mr. Carlisle.] He, of all the men\\nin the Committee, is the man who penned all these bills and drew\\nthem up. He is the man who has investigated all the precedents to\\nsee how far you could go in this direction. It was to his lucid mind\\nthat we were indebted for the fact that there were no legaFor Consti-\\ntutional barriers in the way of this proposition. He submitted to the\\nlabor j he did it cheerfully he did it backed by the best men of his\\nState and section, and what did they say They said, we cannot\\nlive any longer with Eastern Virginia. Independent of the great con-\\ntroversy that has sprung up in the nation, we have a controversy of\\nold standing that renders our connection with Eastern Virginia abso-\\nlutely impossible. Fie is the gentleman who impressed their opin\\nU", "height": "4160", "width": "2500", "jp2-path": "formationofstate00park_0_0167.jp2"}, "168": {"fulltext": "154\\nions upon the committee as strongly as anybody else, and what change\\nhas come over the spirit of his dream I know not. His conversion is\\ngreater than that of St. Paul. He has persuaded us that the measure\\nwas right he has appeared side by side with his able Governor, who\\nurged this upon us as a measure vital to the interests of the State\\nthat he represents. All at once, after persuading us to bring the\\nquestion before Congress, and when we expected bis powerful aid to\\nhelp us to push it through, we are brought up all standing by his\\npowerful opposition. Why did he write, why did he investigate, why-\\ndid he persuade the committee that all was right Why did he per-\\nsuade us that there was scarcely a dissenting voice in all that part of\\nVirginia, if now he has discovered that k is all wrong Why did he\\nresort to books, why did he go back to the old Missouri compromise,,\\nand discover there the steps that were taken to initiate that State\\nWhy did he go back to the Rhode Island case, and to other cases,,\\nand point them out to us No gentleman urged the measure upon\\nits more strongly than he, in connection with his distinguished asso-\\nciates, he acting as their chief and their spokesman, and yet all at\\nonce,, when we become earnest and see that the people want this\\ndone, we have to encounter his violent, determined, persistent oppo-\\nsition. Sir, it is sheer trifling.\\nThere is no reason on God s earth why, if Western Virginia is\\never to be a State, she should not be admitted now. The Senator\\nfrom Illinois spoke of the present confused and turbulent state of af-\\nfairs. Sir, amidst that turbulence is the very time to organize it.\\nWhen we have lost State after State going out from the Union, and\\nmaking war upon it, is it not good policy for us to seize upon the first\\nState that offers her friendly hand to come back to us into the Union\\nDoes he want them still to go, and never to hold out encouragement\\nthat they shall return Is that good policy He says many States\\nhave gone out, and, therefore, be argues, that when they want to come\\nin, we should keep the rest of them out. That is about the argument\\nhe has made use of.\\nIf there is anything in such an argument as that, it is that this\\npeople, believing with us, being with us in sentiment, being with us in\\nprinciple, being a powerful barrier between our enemies and our\\nfriends, should not be erected into a noble free State as a breakwater\\nbetween the secessionists of the South and the great Northwest. Is\\nthere any time more favorable than this for the measure If all was\\ncalm, if all was peace, if all was just as it should be, then to tear old", "height": "4160", "width": "2572", "jp2-path": "formationofstate00park_0_0168.jp2"}, "169": {"fulltext": "Virginia asunder might cause a commotion that would induce men to\\nhesitate. Now it is one of those things that the exigencies of the\\ntimes most eminently demand, and it does not make a ripple upon\\nthe waters. You can do justice now easier than you can begin to\\ncontemplate it in other times. Now is the time for great events, when\\nyou see that a commotion in the land has brought it within the com-\\npass of your power to do a great and mighty good, to perform it To\\ntreat the fact of that commotion as a reason why you should not do\\nit, is the narrowest statesmanship in the world. Sir, this is the time\\nwhen you can do it without exciting passion. It is a time when you\\ncan do ample justice to this people, for which they have been labor-\\ning for years. They have been almost the slaves of their Eastern\\noppressors, and in ordinary times we should not have the hardihood\\nto do them justice. They could not appeal to us then, because there\\nstood powerful Eastern Virginia with her heel upon their necks, and\\nwe were without the courage to help them to rectify and to adjust\\ntheir grievances. Now things are reversed. Their long-crying griev-\\nances are at our doors, aasy to be redressed. Let us not postpone\\nthat redress. The task will be no lighter at the next session than\\nnow. Those who oppose it now will oppose it then. The whole\\nsubject is understood. After going as far as we have gone, to yield\\nnow to the argument of the Senator from Illinois would be trifling\\nwith the feelings and the cause of these Union men, who have sacri-\\nficed everything to maintain the integrity of the Union and maintain\\nthe principles which we all avow. Let us stand by them let us not\\nbe carried away by this argument and deterred from coming up to the\\nwork of doing justice, and doing it boldly not shrinking in a cow-\\nardly manner, and saying although I see it is just, I would a little\\nrather postpone it to some more convenient season. Sir, that is not\\nthe way for a statesman to act. That meed of justice which the exi-\\ngencies of the times demand should be done here now. We are able\\nto do it now. What time may bring forth we know not. It is wis-\\ndom for a Legislature, when they have the justice of the case before\\nthem, when they have the facts before them, when they see that\\nnothing but good can result, to act promptly. Nothing but mere\\ncowardice will drive a man from the exercise of the godlike principle\\nof justice. Let us do it now and at once let us reject this motion to\\npostpone.\\nMr. Ten Eyck, of New Jersey, remarked as follows\\n4 1 shall not say that I want to say only a word, but I", "height": "4160", "width": "2556", "jp2-path": "formationofstate00park_0_0169.jp2"}, "170": {"fulltext": "ir 6\\nam sure I shall not utter more than twenty words I just wish\\nto give my reasons. This question presents two aspects, one a mat-\\nter of law, and the other a matter of policy. A year ago I voted\\nwith joy to admit the two Senators from Virginia to seats upon this\\nfloor. They had been appointed by the Legislature of Virginia, and\\nthis Senate recognized the legality of their appointment. The same\\npower has agreed to the division of the State. I apprehend the\\nSenate by the vote which it gave on that occasion has fixed the legal-\\nity of the action of the Legislature of Virginia. That settles the\\nlegal question.\\nNow, with regard to the policy. I understand and believe that a\\nvast majority of the people of Western Virginia are looking here\\nwith tears in their eyes, if men shed tears, anxiously hoping that\\nWestern Virginia will be admitted as a State. I am not willing to\\npostpone, and run the risk of having the whole oi Virginia, by their\\nLegislature, when this rebellion shall have been .crushed out, repeaL\\nthis act, and subjecting the free people, the freedom-disposed people\\nof Western Virginia, to any further dictation and tyranny exercised\\nover them by the people of Eastern Virginia. Having said thus\\nmuch, I shall vote against the proposition to postpone.\\nThe Presiding Officer. The question is on the motion of the\\nSenator from Virginia, to postpone the further consideration of the\\nbill until the first Monday of December next.\\nThe question being taken by yeas and nays, resulted yeas, 17,\\nnays, 23 as follows\\nYEAS Messrs. Bayard, Browning, Carlisle, Chandler, Cowan,\\nDavis, Doolittle, Howard, Kennedy, King, Powell, Saulsbury, Stark,\\nSumner, Trumbull, Wilson, of Missouri, and Wright 17.\\nNAYS Messrs. Clark, Collamer, Fessenden, Foot, Foster, Grimes,\\nHale, Harlan, Harris, Henderson, Howe, Lane, of Indiana, Lane, of\\nKansas, McDougall, Morrill, Pomeroy, Sherman, Simmons, Ten\\nEyck, Wade, Wilkinson, Willey, and Wilson, of Massachusetts 23.\\nSo the motion to postpone did not prevail.\\nThe following were the yeas and nays on the final passage of the\\nBill by the Senate. (July 14.)\\nYEAS Messrs. Anthony, Clark, Collamer, Fessenden, Foot, Fos-\\nter, Grimes, Hale, Harlan, Harris, Howe, Lane, of Indiana, Lane, of\\nKansas, Morrill, Pomeroy, Rice, Sherman, Simmons, Ten Eyck,\\nWade, Wilkinson, Willey, and Wilson, of Massachusetts 23.", "height": "4160", "width": "2564", "jp2-path": "formationofstate00park_0_0170.jp2"}, "171": {"fulltext": "157\\nNAYS Messrs. Bayard, Browning, Carlisle, Chandler, Cowan,\\nDavis, Howard,, Kennedy, King, McDougall, Powell, Saulsbury,\\nStark, Sumner, Trumbull, Wilson, of Missouri, and Wright 17.\\nSo the Bill was passed.\\nIt was a Triumph, considering all the untoward circumstances\\nwith Messrs. Sumner and Trumbull, among the recognized leaders\\nof the Republican party in the Senate the most active and uncom-\\npromising opposers.\\nIt is proper here to mention who were our active and efficient\\nfriends in the Senate. First and foremost was Mr. Wade, the\\nchampion of the measure in the Senate. His most efficient co-work-\\ners were Senators Collamer, of Vermont, Hale, of New Hampshire,\\nFessenden, of Maine, Ten Eyck, of New Jersey, Pomeroy and\\nLane, of Kansas, and Wilkinson, of Minnesota. What were the\\npersonal feelings and the aid the two Virginia Senators gave the\\nmeasure, 1 shall leave the reader to infer from the facts before stated\\nwhether they really, in this matter, worked for the Rebel portion of\\nthe State, or the Loyal portion, whose votes elected them whether\\nthe Amendment finally adopted should not be called the Wm. G.\\nBrown, or some other, rather than the Willey Amendment 1\\nas subsequently christened by his friends, and by himself, with the\\nhonors and emoluments, unblushingly appropriated. Tke true ex-\\nplanation, I think, to be this Mr. Willey was a prominent Class\\nLeader in the Methodist Episcopal Church, North, which, at that\\ntime, had, and I think deserredly, great influence in the State of West\\nVirginia.\\nThe following just tribute of gratitude and respect to Senator Wade\\nfor his invaluable services in behalf of the new State, appeared in the\\nWheeling Intelligencer, of the 21st July, 1862\\nThe Hon. Benjamin F. Wade and his lady passed via the Balti-\\nmore and Ohio Railroad on their way home Saturday morning. He\\nchose this route for the purpose of seeing something of the scenery,\\nland and people of West Virginia, whose cause he advocated with so\\nmuch ability and zeal in Congress. We hope he found and will\\nhereafter find them worthy of his noble and patriotic exertions in\\ntheir behalf. He had promised, if time permitted, to pass by, and\\nstop a short time in, Wheeling, where the people were prepared and", "height": "4156", "width": "2572", "jp2-path": "formationofstate00park_0_0171.jp2"}, "172": {"fulltext": "158\\nanxious to award the gratitude and honor he so richly merits at their\\nhands. He, however, crossed the river at Ben wood and proceeded\\nhomeward. To merit the approval and gratitude of a just and loyal\\npeople seems to content him.\\nThe friends, though filled with despondency when they went to\\nWashington, returned with hearts full of gratitude and hope and\\nstill all hope for a new State depended upon the National Govern-\\nment subduing the Rebellion. Congress, at that session, had called\\nfor 300,000 additional volunteers. West Virginia, no less than Ohio\\nand other loyal States, was expected to raise her quota. In this work\\nthe loyal people, both sides of the river, acted in concert, as they had\\nbeen doing before. It was about this time, that General M Clellan s\\narmy returned from the Chicahominy, and the second Bull Run de-\\nfeat, under General Pope, occurred, and General Lee was marching\\nhis victorious army into Maryland and Pennsylvania but whom,\\nsubsequently, our army, under General M Clellan, repulsed and\\nsent back, at the battle of Antietam. Union men were desponding\\nand depressed, and the disloyal were correspondingly exultant. It\\nwas at this juncture I had the honor to submit the following remarks,\\nat a meeting of Union people, from both sides of the Ohio River,\\nAugust 5, 1862\\nFellow Citizens The Government, our great and good mother,\\nis stretching out her arms for the aid, in some form, of all her loyal\\nchildren, to rescue her from the bloody grasp of most cruel and\\nunnatural parricides.\\nIt is natural for our people, before engaging in any work, however\\nurgent, to wish to understand the nature and extent of it whether\\nthere are adequate means to carry it through, and the chance of\\nfinal success.\\nThis is right, and speaks well for our people for whatever is un-\\ndertaken with deliberation is most likely to be prosecuted with vigor\\nand success. Before responding to this call therefore though made\\nby one whose beneficent and maternal care all have enjoyed, and\\nmust acknowledge, it is well to understand the present condition of\\nthe Rebellion we are called upon to suppress, the relative strength\\nof the contending parties, the progress that has already been made", "height": "4160", "width": "2572", "jp2-path": "formationofstate00park_0_0172.jp2"}, "173": {"fulltext": "159\\nin the work, and the chance of final success. These enquiries I\\nwill endeavor to answer\\nThe raising of 75,000 volunteers for three months, and the signal!\\nservice they rendered the country, are known to all. Five hundred\\nthousand were then called upon to enlist for the term of three years,,\\nor during the war. These were promptly obtained, armed and\\nequipped. The Government up to this day has issued its bonds to\\nthe amount of about $500,000,000, which are now above par in the\\nmarket.\\nThe eleven Rebel States, Virginia East of the Alleghanies, North\\nCarolina, South Carolina, Georgia, Alabama, Florida, Mississippi,\\nLouisiana, Texas, Arkansas, and Tennessee, according to the census\\nof i860, contained 5,240,250 white, and 3,500,658 slave population.\\nThe border slave States, Delaware, Maryland, Kentucky, Missouri,\\nand West Virginia, contained at the same time 3,043,449 white, and\\n437,841 slave population. More than half as many white population\\nas the eleven rebel States.\\nThese five border slave States have heretofore furnished more\\nsoldiers to the loyal than the disloyal army, and have now almost\\nentirely ceased to furnish soldiers to the latter, while they respond\\nwith alacrity to the recent call of the President, and promise their\\nrespective quotas as soon as the free States. Tennessee, North\\nCarolina, and others of the eleven rebel States, have responded to\\nthe call, and are in a fair way to furnish the quotas demanded. So\\nstands the strength of the Government in the Slave States to-day.\\nThe nineteen Free States had by the census of i860, 19,169,147.\\nOver nineteen million of white population. One-fifth at least are\\nable bodied fighting men or four millio7i and the 16,000,000 of\\nmen, Women and children that will form the reserve at home, after\\nthe 4,000,000 men have gone to the field, will be efficient producers*\\nall accustomed to work with their own hands, and can produce enough\\nto support themselves and supply this immense army in the field with\\nall that may be needed, and feed all the want-of-cotton-starving\\npeople of the old world at the same time. And this without taking\\ninto consideration the five Border States, which may safely be consid-\\nered as unalterably attached to the loyal side.\\nAllowing to the enemy the same proportion of able-bodied fighting\\nmen, he will be able to bring into the field but one million, or one\\nfourth our number, and have a reserve of white people at home of", "height": "4160", "width": "2560", "jp2-path": "formationofstate00park_0_0173.jp2"}, "174": {"fulltext": "160\\nonly four million, men, women, and children and these unused io\\nwork with their own hands, but educated to regard all manual labor\\nas dishonorable, and accustomed from childhood to depend upon the\\nslaves. What a reserve of producers If deprived of their slaves,\\nhow can they support themselves, and much less their army in the\\nfield Why, the other day one of the F. F. V. s in making a last\\nand irresistable appeal, as she supposed, to General Veile at Nor-\\nfolk, for the return of her slave, exhibited to him her delicate hands,\\nroughened and soiled somewhat by household labor -but it was with-\\nout success. Such casualties must serve to dampen the zeal of the\\nwould-be Dutch esses of the South.\\nBy the recent Act of Congress the President is authorized, and it\\nis made his duty, to seize ail slaves of Rebels when it shall weaken\\nthe enemy, or strengthen the Government, and employ them in arms,\\nin cultivating the fields, in digging entrenchments, in menial service\\nabout the camp, or otherwise, as the exigencies of the war may re-\\nquire; and as an encouragement to fidelity and industry, all such with\\ntheir mothers, wives and children, are to become at once and forever\\nfree, and receive compensation for their labor. This Law if faithfully\\ncarried out by the President and his Generals, will very soon deprive\\nthe enemy of all his Slave labor, of any value, and transfer it to our\\nside. What a difference this will make in the military strength of the\\ncontending parties, if wisely managed by the Administration And\\nif not so managed by the present servants of the people, the people\\nwill find other servants who will faithfully execute their will. The\\ncapabilities of our loyal people have, as yet, been but slightly tested\\nnor will it be prudent for any man, the President himself, to create the\\nexigency that shall demand a full exercise of these capabilities.\\nRecent acts of Congress have also authorized the President to en-\\nlist for three years, or during the war, 300,000 additional volunteers\\nalso to fill up the old Regiments, and accept, if required, 100,000\\nadditional volunteer infantry for nine months and, if found necessary\\nto crush the Rebellion, to call out the entire militia of the country\\nmaking in all an army of four million men by far the largest army\\never known, and capable, under the management of competent com-\\nmanders, of crushing the present Rebellion to powder, and repelling\\nfrom our shores, both England and France combined.\\nBut how for money -you will ask which is the sinew of war.\\nThe same Congress has appropriated $800,000,000 eight hundred\\nmillion doHars to defray the expenses.", "height": "4156", "width": "2572", "jp2-path": "formationofstate00park_0_0174.jp2"}, "175": {"fulltext": "161\\nWe have a powerful Navy; we have the Government of Washington\\nof 86 years standing, known and respected throughout the world, and\\nenjoying to-day friendly relations with all nations. The head of no\\nGovernment before, whether Republican or Monarchial, possessed\\nsuch ample and complete war means and powers. Our own work-\\nshops and the work-shops and ports of all nations are open to us\\nand our bills of credit are commanding a premium throughout the\\nFree States, Europe, and lately in Richmond, the Capital of the\\nbogus Government\\nHow stands the enemy His bastard Government is not\\nacknowledged by any power on earth. He possesses no Navy but\\nvery few artisans or work-shops, and is cut off from all communica-\\ntion and succor with the world by our powerful blockade without\\nmoney and without credit. Thus stands the contending parties\\nto-day.\\nHow stood they when the enemy commenced the war by fifing on\\nSumpter He assumed to tear off more than half of our entire\\nterritory, to rend asunder, as suited himself, what the hand of the\\nAlmighty had woven into one indissoluble w f eb, by its Rivers, Moun-\\ntains, Marts, climate and productions by all its geographical and\\nphysical features. He seized all arms, munitions of war and money,\\nwhich were, or had been transferred by Buchanan, Floyd k Co.,\\nwhile in possession of the Government, to within the limits of their\\nanticipated Eldorado all Forts and Arsenals; all Vessels, public\\nand private, and all public property of whatever kind confiscated\\ndebts due to northern men to the amount of $150,000,000, and all\\nproperty of loyal men, whether living within or without the limits of\\nDixie, and without excepting the fee simple I Also the most ex-\\nperienced Army and Navy Officers\u00e2\u0080\u0094 and then quite complaisantly\\nsaid let us alone. This reminds one of that other personage,\\nwho having plundered the houses of the living, and desecrated the\\nsepulchres of the dead, adjured our blessed Savior to let him\\nalone, what have we to do with thee? For it was the Devils that\\nspoke, and they were legion. But our Savior cast them- out, and\\nsent them into the herd of swine, which ran down a steep place into\\nthe Sea, and perished by the waves that is the swine, vnd not the\\nDevils, for they are alive now, and as busy at work in the Rebels as\\nthey were 1800 years ago in that man, or the swine. Let us give\\nthem another cooling off in the Gulf of Mexico, not through so-\\nV", "height": "4160", "width": "2572", "jp2-path": "formationofstate00park_0_0175.jp2"}, "176": {"fulltext": "1(32\\nworthy a medium as swine, but their more congenial media, rattle-\\nsnakes and copperheads.\\nBreckenridge, Bright, and a host of other traitors retained their\\nseats in Congress to watch, spy, and throw off the line, whenever\\ntheir bullrush bottom would float, with its cargo of human bondage,\\nbedecked with stars, garters, and diadems. But the new Officers of\\nGovernment detected the character and intent of the craft, withheld\\nthe papers, and lashed it with chains to its moorings. BreckenrI DGE\\nand Company were sent to Dixie but left others who are perform-\\ning the same duty. Those also will have to take their departure be-\\nfore long, and the entire cargo as above described will most likely\\nperish.\\nWhat has Mr. Lincoln done since he came into power? He has\\nraised and equipped an army of 600,000 or 700,000 men. Created\\na powerful Navy, suited both for Sea and Rivers, established a legal\\nblockade from the Delaware Bay to the mouth of the Rio^ Grande\\nmore than 2,500 miles of Sea coast 5-6 of our entire Atlantic coast,\\nwhich the enemy modestly propose to take, leaving to the 20,000,000\\nFree State people the remaining one-sixth\\nWe have effectually blockaded about as many miles as the entire-\\nAtlantic Coast of all Europe combined retaken nearly all the Forts-\\nand Arsenals along this extent of Coast, and all the. cities and ports\\nof entry, including Norfolk, Portsmouth, and New Orleans re-open-\\ned the great highways of the Mississippi River and its tributaries,\\nand retaken the principal cities thereon repossessed Missouri, Ken-\\ntucky, and West Virginia; silenced forever the copperheads of\\nMaryland; repossessed large portions of North Carolina, South Car-\\nolina, Georgia, Alabama, Louisiana, Arkansas and Tennessee; now\\ncommand most of his great lines of Railroads replaced the glorious\\nold Flag on the soil of every State, and are slowly but surely con-\\ntracting around Richmond with an anaconda s gripe.\\nAll this has been done in sixteen months. It is herculean work I\\nUnexampled progress considering the total unpreparedness of the\\nGovernment when Mr. Lincoln took hold.\\nBut there have been some reverses and because of these our peo-\\nple seem to lose heart, and complain. This is weak and querulous,,\\nnot to say impious showing not only a want of proper appreciations\\nof the vastly superior means placed in our power, but a want of\\nproper confidence in Him our Fathers looked to, when they founded", "height": "4160", "width": "2564", "jp2-path": "formationofstate00park_0_0176.jp2"}, "177": {"fulltext": "the Republic amidst the greatest deprivations and sufferings and\\nupon resigning the things of this world, piously commended the great\\ntrust with ourselves to His benign care. We have no right to expect\\nourselves, or our agents to be exempt from the imperfections of our\\nnature. Reverses have always been incident to human warfare.\\nLook at the world s greatest captains\u00e2\u0080\u0094 to Alexander, Hannibal,\\nCesar, and Napoleon the First, The Conqueror of Italy and half\\nthe world marches his victorious army of 350,000 men to the con-\\nquest of Russia. He thinks of nothing but success. He enters\\nMoscow expecting to spend a comfortable winter, and commence a\\nvictorious campaign in the Spring. Nor are his hopes shaken until\\nwith utter surprise and dismay* he sees the whole city one vast\\nocean of flame J kindled and spread by its own inhabitants. Such\\npersonal sacrifice had not entered into his calculations, and all his\\nbright hopes were in a moment dashed to the ground.\\nNothing has occured with us that should, for a moment, discourage\\na brave people, engaged in so holy a cause, and possessed of such\\nsuperior means only arouse ourselves to the great exigency, and\\nmake the proper use of those means, and our Father s God will be\\nwith us, and speedy and complete success is as mathematically cer-\\ntain as it is in His economy, that Right shall triumph over Wrong,\\nTruth over Error, or that ten pounds will outweigh one.\\nIt cannot be disguised, however, that in one particular the policy\\non which the war has been conducted during the last six months, has\\nbeen wrong, and at variance with all experience and the obvious laws\\nwhich govern our nature. Everybody of ordinary intelligence must\\nhave understood the nature of this Rebellion, and the fixed purpose\\nof a large majority of those engaged in it, more than six months\\nago and if the object of the administration has been to subdue it\\nand vindicate the Government, it has employed some means obvious-\\nly calculated to produce the opposite result There has been no\\nroom to doubt, during the last six months, but that the present Re-\\nbellion is the consummation of a conspiracy, that has existed for\\nthirty years or more, to break up the Government and establish a\\nmonarchy on its ruins or, failing to establish an independent mon-\\narchy, to transfer all the slave territory, to the rule, and protection,\\nas Colonies or Provinces, of England and France; and as a condition\\nfor their gracious protection, the leaders have voluntarily offered to\\nabolish slavery within their borders. Sixteen months ago these\\nconspirators threw off the mask threw down the Gauntlet by com-", "height": "4160", "width": "2572", "jp2-path": "formationofstate00park_0_0177.jp2"}, "178": {"fulltext": "164\\nmencing war in the most savage manner and defiant tone Was there\\nany excuse for the administration withholding its deadliest blows any\\nlonger than to gather sufficient power, learn the position and pur-\\npose of the monster, and his vulnerable points There was none.\\nSympathy with the enemy, or extreme imbecility, could alone longer\\nhave withheld the blow, and to one or the other of these causes every\\nloyal mind will ascribe all attempts afterwards to conciliate these pre-\\nmeditated traitors of thirty years standing. To crush an enemy and\\nsustain one s self, is the first and universally recognized rule of all\\nearnest warfare. Whoever annexes a condition of any kind to the\\nmaintenance and full vindication of the Government, be that condi-\\ntion the perpetuity or abolishment of Slavery, or any other thing, is\\ndisloyal, and disloyalty in any degree, at this time, is treason. We\\ncannot serve heaven and hell at the same time. Whoever counsels\\npeace, or dissuades enlistsments of volunteers, or proposes the or-\\nganization of an anti-war party, or proposals for compromise, so\\nlong as the enemy is unrelentant and defiant is a traitor, whatever he\\nprofesses, and should be promptly dealt with as such.\\nI have always been a democrat, first voted for General Jackson at\\nhis second election was the supporter of Judge Douglass, have al-\\nways been for letting Slavery alone in the States, and for faithfully\\nexecuting the fugitive slave law, as our Fathers intended. I went as\\nfar as the farthest to effect an honorable compromise, and would then\\nhave accepted the Crittenden resolutions for the sake of peace, fore-\\nseeing as I thought I did, the terrible conflict that would ensue, in\\ncase of a resort to arms. New facts have since developed which\\nhave entirely changed my mind. I am now for war in its sternest\\nand most terrible aspect so terrible that before it all ordinary ter-\\nrors shall tremble and quake. Motives of true humanity dictate this\\nseverity. The enemies of the Government can only be subdued by\\nterror, and the quicker, and more overwhelming that terror, the soon-\\ner the Government will be vindicated, and the war cease.\\nThe Administration has changed its policy. The President mvst\\ncome up to the full exercise of the powers the recemt Congress has\\nplaced in his hands. If he fails or falters, the people who are the\\nlegitimate owners of this Government, will put some one in his place,\\nwho will execute their will. We must dash to pieces the Slave Olig-\\narchs, with face of brass and feet of clay, and strip them of all\\ntheir possessions, and show their utter nothingness to the minds of\\ntheir ignorant and deluded followers, and thereby break forever the", "height": "4160", "width": "2564", "jp2-path": "formationofstate00park_0_0178.jp2"}, "179": {"fulltext": "165\\nspell that has bound them and these deluded followers will soon\\ncome to regard our government as omnipotent, grand, and dazzling,\\nand seek shelter beneath its Flag. Such will necessarily be the ef-\\nfect of that sort of action, upon their ignorant and deluded minds\\nwhilst the opposite course, the course heretofore pursued by the ad-\\nministration, only confirms the leading traitors in their own conceits\\nand assumed superiority, establishes more firmly their infallibility in\\nthe minds of their deluded followers, and brings the Government and\\nloyal army into universal contempt.\\nThe people have decreed that the future policy shall be no protec-\\ntion, but death and utter destruction to all premeditated traitors,\\nwhether open or disguised. Seize and confiscate everything belong-\\ning to them, to support the Government and army, and remunerate\\nloyal men.\\nThus stands the work you are called upon to help finish, the vast-\\nly superior means and resources of the Government, and the policy\\nthat is to govern future action.\\nNor has our great and good mother as yet commanded you to come\\nto her aid, although she might with justice demand it of all her\\nchildren, considering how much she has done for them. But with\\nher accustomed benevolence she entreats you to come, and at the\\nsame time offers to pay your board and travelling expenses from the\\ntime of enlistment, $13 with $3,50 for clothing -$16,50 per month;\\n$100 bounty, $25 of which with $13 of first month s wages $38\\nshe pays in advance; and the balance of the cash bounty, $75 and\\n160 acres of land at $1,25 per acre the Government price $200,\\nyou will receive when honorably discharged, and in case of death\\nthese bounties, and any wages in arrear, go to your family or legal\\nrepresentatives. This is equal to $500 a year, or forty-one dollars\\nand 66 2-3 cents a month, and found in everything except clothing\\nassuming the Rebellion to be crushed in one year from the time of\\nyour enlistment.\\nBesides, our soldiers are better clothed and equipped, better fed\\nand housed, better doctored and nursed, and better cared for in every\\nrespect, than the soldiers of any other government in ancient or mod-\\nern times. Not only our own citizens but foreigners attest to this\\nfact.\\nBut you must bear in mind that if you disregard her magnificent\\nbounties, she can be as terrible in the exercise of her mighty power", "height": "4156", "width": "2516", "jp2-path": "formationofstate00park_0_0179.jp2"}, "180": {"fulltext": "166\\nas she is mild and beneficent in her entreaties. She will draft. She\\nwill compel and how will he feel who shall hold back until drafted\\n.and compelled to go, without any bounty of either money or land\\nwithout any credit for patriotism, gratitude, or manly courage with-\\nout the sympathy or respect of his government, townsman or neigh-\\nbors or woman, who always loves and adores patriotic devotion and\\nnoble daring or of your gallant volunteer comrades upon the tented\\nfield Sad and desolate indeed must be his heart, if he can be\\nsupposed to possess any. 1 entreat you, my young countrymen, for\\nthe sake of your own peace of mind, honor, and happiness, not to\\nsuffer it. No man with an American heart will suffer it\\nYou should also remember that it is to sustain our brave country-\\nmen who have volunteered before you, and to guard and hold the\\nvast tracts of country, cities, towns, forts, and arsenals that their\\nvalor has already conquered from the enemy, you are wanted mainly\\nfor now.\\nYou should also remember that the land, which we have been\\naccustomed in former days derisively to call sacred, has now be-\\ncome so indeed by the graves of those we loved. Shall their deaths\\ngo unavenged Shall the land that holds their cherished forms, and\\nwhich has drank, and become fattened with their precious blood, pass\\nforever under the rule of Traitors, who will desecrate their graves,\\nmock and jeer, as has been their savage custom, over their sacred\\nrelics The spirits of the recent heroic dead, the spirits of the\\ngreat Founders and former Defenders of the Republic, oppressed\\nhumanity everywhere, and God himself all watching our every\\nthought and action in this great crisis\u00e2\u0080\u0094 forbid it and the Goddess of\\nLiberty, hunted from every other spot by accursed tyrants, if we\\nsuffer her to be driven from this, the last of her earthly temples\\nwill take flight to heaven, and bid farewell forever, to earth and to\\nman\\nThe Almighty has placed the amplest means in our power to ac-\\ncomplish these great ends. Shall we prove craven and recreant\\nThe enemy, having conceived his immense scheme of rebellion, like\\nhis great prototype, the Archfiend, in ambition, in a spirit to rule or\\nruin, must end in a like fate. He has practised every crime and\\nviolated every law, human and divine, in sustaining so far his great\\nantagonism and has reached his highest point of strength. He\\ncan never become stronger, except through our dastardly in-\\naction. One more such wave from the Fiee States, as the", "height": "4160", "width": "2560", "jp2-path": "formationofstate00park_0_0180.jp2"}, "181": {"fulltext": "167\\ngallant three hundred thousand will give him, and he is -swept\\nfrom, the earth. He foresees the consequence, and is now laboring\\nthroughout the Free States, by such emissaries as Vallandigham,\\nOlds, Carlisle and. their like to prevent it Shall he succeed?\\nThe 15th of this month the chance for volunteering ceases, and\\nDrafting must supply the deficiency. Be quick then my valiant\\ncountrymen to enroll your names among the brave and gallant volun-\\nteers for the defense, of the American Union. That great Roll of Un-\\nion Volunteers, which will also bear your names, will be deposited\\namong the Archives of the nation, and cherished as sacredly by a\\ngrateful country, as the Declaration of Independence and the names-\\nit bears will become as immortal. Those on the one as the Foun-\\nders, and those on the other as the Preservers, of American Liberty\\nThe desire, then, of large pecuniary gain with true Glory and Hon-\\nor, instead .-of shame and disgrace; of a speedy and complete vindica-\\ntion of the best government the sun ever shone on; of inflicting\\ncondign punishment upon the blackest of traitors, and avenging the\\nblood of fallen brothers and heroes, with the perpetuation of civ I\\nand religious liberty to man on earth\u00e2\u0080\u0094 invite you to enroll your names\\nnow. You cannot be deaf to all these appeals.\\nWest Virginia, no less than Ohio, furnished promptly the quota\\nassigned for her, of the 300,000 additional troops.\\nThe second Tuesday of December following (being the 9th)) the\\nSenate Bill that passed that Body the July previous, became the or-\\nder of the day in the House at Washington. On that same day the\\nLegislature of the re-organized Government of Virginia at Wheeling,,\\nthat was so averse to annexing a gradual Emancipation clause to its\\nconsent the May before, being convened in extra session, passed the\\nfollowing joint resolution, copies of which were sent to our Represen-\\ntatives in Congress\\nJoint Resolution requesting the House of Representatives of the-\\nUnited States to take up and pass without amendment, the bill for\\nthe 1 admission^ of the State of West Virginia, passed by the United\\nStates Senate on the 10th of July last. Passed December 9, 1862.\\nResolved, That feeling the greatest anxiety and interest in the\\nsuccessful issue of the movement for a, new State in West Virginia,.", "height": "4160", "width": "2580", "jp2-path": "formationofstate00park_0_0181.jp2"}, "182": {"fulltext": "168\\nwe earnestly request the House of Representatives of the United\\nStates to take up and pass, without alteration or amendments, the\\nbill which passed the Senate of the United States on the ioth of\\nJuly last.\\nIt was a new cause of gratulation to the friends to see this Body,\\nthough at the eleventh hour, like some Virginia Congressmen, wak-\\ning up to a just sense of the situation, and importance of the measure.\\nThe Hon. William G. Brown opened the Debate by an accurate\\nand lucid statement of the material facts. A lively discussion en-\\nsued, in which Messrs. Conway of Kansas, Dawes of Massachusetts,\\nSegar of Virginia, and Crittenden of Kentucky, were the principal\\nspeakers, in opposition. The main objection urged by the first, who\\nat that early day with Mr. Stevens and a few others, had espoused\\nthe theory of State annihilation was, that all State Government in\\nVirginia had ceased, and she had become simply Federal territory.\\nThe others contended that the Legislature at Wheeling that had con-\\nsented to the erection of a New State, was not the constitutional Leg-\\nislature of Virginia as only a minority of her People had a voice in\\nre-organizing the Government and that the glorious Old Dominion\\nought not to be divided under such circumstances.\\nThe principal speakers in favor* besides Mr. Brown, were Messrs.\\nBlair of Virginia, Colfax of Indiana, Stevens of Pennsylvania, Ed-\\nwards of New Hampshire, Olin of New York, Sheffield of Rhode\\nIsland, Noel of Missouri, Maynard of Tennessee, Hutchins and\\nBingham of Ohio the latter having charge of the Bill.\\nThe Debate continued for two days but as I have given only the\\npoints of objection by the opposition, I shall give only the remarks\\nof Mr. Bingham, who closed the debate, with the result and refer\\nthe reader to the Congressional Globe of 1862-3 from page 37 to\\npage 59, for the arguments pro and con, Whoever will take the\\ntrouble to read the arguments and facts adduced on that occasion,\\nwill not I think wonder at the result.\\nMR. BINGHAM S SPEECH, CLOSING THE DEBATE.\\nIt seems to me, Mr. Speaker, that if the House were to adopt the\\nposition which has been assumed by some of the gentlemen of this\\nbody who have opposed this bill with great earnestness, that all", "height": "4160", "width": "2572", "jp2-path": "formationofstate00park_0_0182.jp2"}, "183": {"fulltext": "169\\nseeming and alleged constitutional difficulty to the admission of this\\nState of West Virginia would vanish at once. The position, which\\nhas more than once been assumed in this debate, that there is no\\nState there, but that what was once the State of Virginia is now only\\na Territory of the United States, within the limits of a former State\\norganization, relieves this House of all constitutional difficulties upon\\nthe question of the admission of a new State organized therein. Sir,\\nit is too late for any man in the American Congress to rise in his\\nplace and say that before the people of any Territory of the United\\nStates can organize and establish a Constitution and form of govern-\\nment, preparatory to admission into the Union as a State, an enab-\\nling act of Congress is necessary. There are too many States rep-\\nresented upon this floor, and in the Union to-day, which were organ-\\nized into States and admitted as such by Congress without the author-\\nity of any enabling act, to admit of any such position being maintain-\\ned in this House. If no State formed or organized within the Terri-\\ntory of the United States, could be admitted into the Union without\\nthe previous authority of an enabling act, what becomes to-day of\\nthe Representatives upon this floor, and upon the floor of the Senate,\\nfrom the State of Michigan There was no enabling act there. The\\npeople, in the exercise of their inherent power to form their own\\nlocal government, organized for themselves within that Territory a\\nform of State government, by the adoption of a written Constitution,\\nsent it to the Congress of the United States for their approval, and\\nwhich approval was all that was needful to give full and legal effect\\nto their act.\\nThe whole question which has been brought into this debate touch-\\ning the necessity of an enabling act was, upon the application of\\nMichigan for admission into the Union as a new State, ably discussed\\nand fully and carefully considered in the Twenty-Fourth Congress.\\nThere was first on that occasion, if I recollect aright, the opinion of\\nthe Attorney General that no such act was needful, and which recited\\nthe precedent of Tennessee, which had been admitted as a new State\\nwithout such an enabling act. The question was brought to the\\nconsideration of the House and the Senate, and, after an exhaustive\\ndebate, a direct vote was taken upon it whether the new State could\\nbe organized and admitted into the Union without a previous enab-\\nling act. If any one will consult the record of that vote in the\\nTwenty-Fourth Congress upon the admission of Michigan, he will\\nfind that it was decided by a very strong majority in favor of the\\nvv", "height": "4156", "width": "2524", "jp2-path": "formationofstate00park_0_0183.jp2"}, "184": {"fulltext": "right of the people to frame for themselves a State Constitution and\\nGovernment preparatory to admission as a State into the Union\\nwithout a previous enabling act. This right of the people can no\\nmore be taken from them by Congress than can the right ol petition^\\nIt was because this right is inherent in the people of every national\\nTerritory that Michigan was admitted as a new State into the Unions\\nagainst the objection that there was no enabling act.\\nI might go further in this connection, and remark that in the in-\\nstance of the State of Michigan, while it was yet a Territory of the\\nUnited States, and before admission by Congress into the Union as\\na State, the Constitution which the people had adopted was pwt into\\noperation the people under it organized their courts of justice, and\\nassumed to exercise, and did exercise, the highest powers of sover-\\neignty the powers of legislation. Congress, by the act of admis-\\nsion, gave effect not only to their Constitution, but, by relation, gave\\nlegal effect and validity to all that had been clone by that people\\nunder their new Constitution. With such a precedent unchallenged\\nto this day no further word need be said in support of the proposi-\\ntion for which I contend, that the people of any Territory of the\\nUnited States may, without an enabling act of Congress, frame for\\nthemselves a Constitution and State Government, and be thereby,\\nwith the consent of Congress, admitted as a State into the Union.\\nWhat, then, becomes of the objection to the admission \u00c2\u00a9f the new\\nState of West Virginia, because there was no enabling act,, if, as the\\nobjector asserts, Virginia is to-day only a Territory? Why, sir, if\\nVirginia is only a United States Territory, it results that the people\\nof that Territory, who apply for admission into the Union under a\\nConstitution adopted by themselves, are exercising only the right of\\npetition a right which no man can question. If the fact be as as-\\nserted, then the only question for this House to determine is, not\\nwhether it is Constitutional, but is it expedient to grant the prayer of\\nthe petition, and thereby give effect and validity to their Constitution.\\nThere is the end of the argument, so far as the Constitutionality of\\nthat question is involved, if we adopt the assumption that Virginia is\\nbut a Territory of the United States.\\nI think it proper, before proceeding to consider the weightier\\nquestions which have been raised here, to notice the objections made\\nby the Representative from the Accomac district, (Mr. Segar,; who\\nhas just taken his seat. His argument, in my judgment, was a felo\\nde se a self-destroyer. In one breath he says that the Convention", "height": "4152", "width": "2588", "jp2-path": "formationofstate00park_0_0184.jp2"}, "185": {"fulltext": "171\\nwhich met at Wheeling was a Constitutional Convention, and the\\nLegislature there assembled a Constitutional Legislature in the\\nnext breath he denies that these bodies are Constitutional or legal\\nbodies. If it be the Constitutional Legislature of the State of Vir-\\nginia which assembled at Wheeling, then it had the power to provide,\\nas it did provide, for the action of the people touching the adoption\\nor rejection of this Constitution, and the organization of this propos-\\ned new State within the limits of Virginia. And yet the gentleman,\\nfurther on in his speech, came to the conclusion that this legislative\\nbody at Wheeling was informal; that it was unconstitutional that it\\nwas tyrannical and oppressive and he asks this House to interpose\\nits shield between the outraged people of Virginia and this tyranny.\\nA Constitutional Legislature who, by a Constitutional act, authorized\\nthe people to vote for or against a Constitution framed by their own\\ndelegates to enable them, if they see fit, to organize for themselves\\na new State, and to petition the Congress of the United States for its\\nadmission into the Union, a tyrannical body\\nIt is the first time I have ever heard a Representative upon this\\nfloor venture so far as to say that an act authorized by the Federal\\nConstitution, and within the express reserved rights of the people of\\nevery State, is an act of tyranny. The gentleman says that in the\\nConvention which convened the Legislature of Virginia, eleven of\\nthe Counties within the proposed State were not represented. What\\nof that Does the gentleman mean to say that it makes invalid all\\nthat has been done under that Convention Let him remember, if\\nhe pleases, when he makes an argument of that sort, that that Con-\\nvention, which was an original act of sovereignty of the people them-\\nselves in Virginia, appointed the very Governor of Virginia under\\nwhose proclamation he ventured to become a candidate for a seat in\\nthis House, and under whose certificate he ventured to present him-\\nself here for admission. He cannot be allowed to blow hot and cold\\nin this way upon a question of this sort. If the Convention was in-\\nvalid, then their appointment of a Governor was invalid, and his\\nproclamation for the election, under which the gentleman claimed his\\nseat, was also invalid. The election proclamation of Governor Pier-\\npont, if I recollect the record aright, was issued before the people\\nof Virginia were permitted to speak by ballot on the question wheth-\\ner Governor Pierpont should be their executive or not. It was the\\nact of the Convention itself that appointed the Governor of Virginia\\nunder whose proclamation the gentleman was elected of that very", "height": "4160", "width": "2560", "jp2-path": "formationofstate00park_0_0185.jp2"}, "186": {"fulltext": "172\\nConvention which the gentleman from Virginia (Mr. Segar) stands\\nhere this day to repudiate.\\nThere was one other objection in the gentleman s argument if\\nit may be called an argument which I desire to notice, and that\\nwas that there was not a sufficient number of votes given at the elec-\\ntion to justify the House in concluding that this Constitution is the\\nact of the people. It is the first time, I may be permitted to say,\\nthat I have heard any man say that the neglect or refusal to vote of\\npart of those duly qualified to vote invalidates an election which in\\nother respects is legal. If that were so, then it would be impossible\\nfor the people in the State of Virginia, as long as these rebels choose\\nto remain rebels, to reassert their rights. As to the way in which\\nthe minority may assert their rights against a majority of rebels, I\\nshall have something to say hereafter.\\nIf the gentleman honestly entertains the view of the subject which\\nhe has expressed, and to which I have just referred, that an election\\nlegally held is made invalid because the great majority of the voters\\nchoose not to attend and vote, then with what propriety did the\\ngentleman come here from a district in which there are fifteen or\\ntwenty thousand voters, backed by the pitiful vote of only twenty-\\nfive citizens, and ask a seat upon this floor (Laughter.) ,,A man\\ncapable of playing that role might be capable of betraying in his\\nplace, after he is admitted, the reserved rights of the people whom\\nhe represents.\\nMr. Speaker, I come now to the other question that has been\\nraised in this debate. No one could be more surprised than I was\\nto see the venerable gentleman from Kentucky, (Mr. Crittenden,)\\nupon whose head time, with its frosty fingers, has scattered the snows\\nof more than seventy winters, and who, for nearly half a century of\\npublic service, has had so much of opportunity to learn the true\\ntheory of our Government, come here and ignore its very first prin-\\nciples altogether and that, too, in the teeth of his own manly utter-\\nances made no longer ago than at the last session of this House.\\nHe uttered a great truth at the last session, in speaking of the reserv-\\ned rights of the people of Virginia, when he said that the Conven-\\ntion of that people to re-organize their State government was an or-\\niginal act of sovereignty. It has always been so held. The very\\nConstitution under which the American Union exists this day the\\nvery Constitution under which every Representative upon this floor", "height": "4160", "width": "2572", "jp2-path": "formationofstate00park_0_0186.jp2"}, "187": {"fulltext": "173\\nholds his seat this day, came to be by virtue of that original sover-\\neignty in the people which they have not surrendered, which they\\ncould not surrender if they would, and which they should not surren-\\nder if they could. There is not a man familiar with the history of\\nthis Government but knows the fact that the Constitution of the\\nUnited States was formed and ratified by the people, and put into\\nfull operation and effect in direct violation of the written compact\\nbetween the several States of the Confederacy. By what authority\\nLet him who is called the father of the Constitution answer that\\nquestion himself.\\nWhen the Constitution was on trial for its deliverance before the\\nAmerican people, the enemies of that great instrument pointed to the\\nfact that if it were adopted, it would be adopted in direct contraven-\\ntion of the written compact of perpetual union between the thirteen\\nStates because it was provided in the instrument itself that the rati-\\nfication of nine States, no matter if every man in the four remaining\\nStates protested against it, should give effect to the instrument, and\\nmake it the supreme law, to the entire exclusion of every provision\\nof the Confederation within the limits of the States adopting it. The\\nquestion was asked, how can you abrogate the compact without the\\nconsent of all the parties to it What was the answer to this ques-\\ntion given by Madison, and addressed to the listening people of all\\nthe States of the Confederacy who were about to pronounce judg-\\nment upon the Constitution He said\\nThe question is answered at once by recurring to the absolute ne-\\ncessity of the case, to the great principle of self-preservation, to the\\ntranscendent law of nature and cf nature s God, which declares that\\nthe safety and happiness of society are the objects at which all political\\ninstitutions aim, and to which all such institutions must be sacrificed.\\nAnd thus was the question raised by the enemies of the Constitu-\\ntion answered and by acting upon the great principle of self-pres-\\nervation, the people ordained the Constitution and superseded the\\nConfederation.\\nThere is nothing in the Federal Constitution to take away or limit\\nthis right of self-preservation in the people nor is there anything in\\nthat instrument that is contravened by this action of the people of\\nVirginia. Need I stand here to argue that there is not one line or\\nletter in the Federal Constitution that pretends to grant any power\\nto the people of any State to organize a State government for them-", "height": "4160", "width": "2572", "jp2-path": "formationofstate00park_0_0187.jp2"}, "188": {"fulltext": "174\\nselves, especially the original States Their State governments ex-\\nisted before the Constitution was made they continued after the\\nConstitution was made not by the grant of the Constitution, but by\\nthe inherent power of the people themselves, a power which they\\nhave never surrendered, and which they can never surrender. No\\ntruer utterance was ever made on the floor of the American Senate\\nthan that of the late Mr. Benton, when he said that the people of\\nany State might alter and amend their Constitution at their pleasure,\\nwithout consulting anybody outside of the State.\\nMr. Dawes. Provided it be republican.\\nMr. Bingham. Certainly, provided it be republican. There is\\nthat limitation. And provided further, if you please, that it does not\\ncontravene any of the guarantees of the American Constitution to\\nthe citizens of the United States, or any of the restrictions upon the\\nStates. I agree that there are limitations imposed by the Constitu-\\ntion beyond which the people of a State may not go but I am\\nspeaking of the power of the people in the States to re-organize their\\nState governments at pleasure, always in subordination to, but not by\\ngrant of, the Federal Constitution. My position is, this power is in-\\nherent in the people, and does not exist by virtue of grants of the\\nConstitution. It is a right in the people themselves. We come now\\nto the great point in discussion here. Who constitute the State of\\nVirginia? I beg leave here to thank my friend from Massachusetts\\n(Mr. Dawes) for suggesting what was essential to the line of my ar-\\ngument. The gentleman from Pennsylvania (Mr. Stevens) said the\\nmajority of the citizens of the United States within any State are the\\nState. I agree to that, sir, subject to this limitation, that the majori-\\nity act in subordination to the Federal Constitution, and to the rights\\nof every citizen of the United States guaranteed thereby.\\nBut, sir, the majority of the people of any State are not the State\\nwhen they organize treason against the Government, and conspiracy\\nagainst the rights of its citizens. The people of a State have the\\nright to local Government. It is essential to their existence. To-\\nday, as the law stands in this country, and by the uniform construc-\\ntion of the powers of this Government, there is no law by which\\nthe midnight assassin of a mere private citizen can be brought to\\njudicial trial, to conviction, and to judgment, within any State of this\\nUnion, save the law of the State. Your Federal tribunals under ex-\\nisting laws have no cognizance of the crime if committed within a", "height": "4152", "width": "2592", "jp2-path": "formationofstate00park_0_0188.jp2"}, "189": {"fulltext": "175\\nState on a private citizen, and can do nothing in the punishment of\\nit judicially.\\nNow, sir, I beg leave to askj can the minority of the people of a\\nState, by the act of the majority committing treason, and taking up\\narms against the Federal Government, be stripped of their right\\nwithin the State of protection, under State laws, in their homes and\\nin their persons, even against the hand of the assassin? Am i to\\nstand here to argue such a question as that with intelligent represen-\\ntatives I say, that if the majority of the people of Virginia have\\nturned rebels, as I believe they have, the State is in the loyal minor-\\nity, and I am not alone in that opinion. I repeat, where the major-\\nity become rebels in arms, the minority are the State that the\\nminority, in that event, have a right to administer the laws, and main-\\ntain the authority of the State Government, and to that end to elect\\na State Legislature and Executive, by which they may call upon the\\nFederal Government for protection against domestic violence,\\naccording to the express guarantee of the Constitution. To deny\\nthis proposition is to say that when the majority in any State revolt\\nagainst the laws, both State and Federal, and deny and violate all\\nrights of the minority, that however numerous the minority may be,\\nthe State Government can never be re-organized, nor the rights of\\nthe minority protected thereby so long as a majority are in the re-\\nvolt. In such an event, the majority, being rebels, must submit to\\nthe law of the minority, if enforced by the whole power of the Na-\\ntional Government. That is no new idea, even. It is as old as the\\nConstitution. I ask gentlemen to refer to that remarkable letter of\\nthe Federalist, addressed by Mr. Madison to the American people,\\nwherein he discusses the fourth section of the fourth article of the\\nConstitution of the United States, to wit:\\nThe United States shall guarantee to every State in the Union a\\nrepublican form of government, and shall protect each of them\\nagainst invasion and on application of the Legislature, (or of the\\nExecutive, when the Legislature cannot be convened,) against do-\\nmestic violence.\\nAs if that great man had been gifted with the vision of a seer,\\nstanding amidst his own native hills of Virginia, he foretold that it\\nmight come to pass that a majority of the people of a State might\\nconspire together to sweep away the rights of the minority, and\\nbreak down their privileges as citizens of the United States. In\\nthat paper Mr. Madison says:", "height": "4160", "width": "2624", "jp2-path": "formationofstate00park_0_0189.jp2"}, "190": {"fulltext": "176\\nWhy may not illicit combinations, for purposes of violence, be\\nformed as well by a majority of a State as by a majority of a County\\nor a District of the same State And if the authority of the State\\nought, in the latter case, to protect the local magistracy, ought not\\nthe Federal authority, in the former, to support the State authority\\nThat is precisely the question here to-day. That is precisely the\\ncondition of things in Virginia. The majority have become traitors.\\nWhen the Representatives whom they had elected, who were required\\nby the existing Constitution of Virginia, as well as by the Federal\\nConstitution, to take an oath to support the Constitution of the\\nUnited States, went to Richmond, joined in this conspiracy, lifted up\\nthe hand of treason and rebellion against the Government, foreswore\\nthemselves, and, in short, entered into a deliberate article of bargain\\nand sale with Alexander H. Stephens, Vice President of the South-\\nern Confederacy, transferring the State of Virginia to that Confed-\\neracy, they surrendered all right to represent any part of the people\\nof Virginia; as a Legislature they utterly disqualified themselves to\\nexecute that trust. But, sir, what are we told According to the\\nlogic of some gentlemen, it would seem that because the Legislature\\nat Richmond turned traitors, because every man of them, except\\nthose few who escaped for their lives from that doomed city as I\\ntrust it is a doomed city joined in this red-handed rebellion, there-\\nfore the people could have no legislation. I appeal to the immortal\\nwords of the Declaration in refutation of that conclusion. The\\nlegislative powers, incapable of annihilation, have returned to the\\npeople at large for their exercise. No matter, sir, who turns traitor,\\nthe legislative powers are incapable of annihilation. Now, what but\\nthis power remained to the people of Virginia Their Governor and\\nLegislature had turned traitor. You say that no special election\\ncould be had under the Constitution of Virginia without a proclama-\\ntion from the Governor, in vacation, or without a writ of election is-\\nsued by the Legislature. What was to be done I say that the\\npower remained with the loyal people: of that State to call a Conven-\\ntion and create a provisional government, which they did. On the\\n23d day of May, 1861, the people of the State of Virginia, invited\\nby an original Convention of the people themselves, met at the time\\nand place specified in the existing law of that Commonwealth, and\\nelected a Legislature.\\nIs it said that a majority of those chosen on that day, including,\\nthose chosen by the rebels, took the road to Richmond, and took the", "height": "4136", "width": "2588", "jp2-path": "formationofstate00park_0_0190.jp2"}, "191": {"fulltext": "177\\noath of treason against the Government of the country Then I tell\\ngentlemen who make that remark that these members elect never be-\\ncame part of the Legislature at all. The original Convention of the\\npeople declared, in i86r, that only those who were elected, and who\\nqualified, should be the Legislature of the State. I might go some-\\nwhat further with this argument. I say that the ultimate power to\\ndecide that question, which of these bodies is the Legislature of\\nVirginia is in the Congress of the United States. What is the law-\\nful Legislature of the State Although they were literally chosen\\nunder the amended Constitution of Virginia, (adopted in 185 1,) and\\nthe statute of the State, nevertheless I say that it is competent for\\nCongress to say and it is not only competent, but it is the impera-\\ntive duty of Congress to say that not a man of them who refused to\\ntake the oath prescribed by the Federal Constitution, and who took\\nthe oath of that treasonable conspiracy at Richmond, ever became\\na member of the Legislature of the State of Virginia. Who then\\nare the Legislature, of Virginia Only those who qualify in pur-\\nsuance of the requirements of the ordinance of the people them-\\nselves, by taking the oath prescribed by the Federal Constitution, and\\nby the Virginia Constitution. If those gentlemen had chosen to ob-\\nserve that form they might have constituted a majority of the Legis-\\nlature but they did not do it, either at Wheeling or at Richmond.\\nThey violated the Constitution of their own State, as well as the\\nFederal Constitution, when they went to Richmond and took the\\noath of treason.\\nNow, who are the judges of this matter I intend, if I can, to\\nstrip from every member of this House all attempts to disguise his\\nresponsibility here. I am not going to quarrel with good friends if\\nthey differ with me as to final conclusions, but I am not going to\\nstand here and allow the Representatives of the people, on a ques-\\ntion of this magnitude, to shirk their responsibility. I say it without\\nthe fear of contradiction, because it has been affirmed by every\\nbranch of this Government, Legislative, P^xecutive and Judicial, more\\nthan once, that when the storm of revolution shakes the civil fabric\\nof a State of the Union, the ultimate and final arbiter to determine\\nwho constitute the Legislative and Executive Government of that\\nState, and hold its great trust of sovereignty, is the Congress of the\\nUnited States, or the President acting by authority of an act of Con-\\ngress. The great case of Luther and Borden must be fresh in the\\nmind of every Representative of the people, and that was the very\\nX", "height": "4160", "width": "2564", "jp2-path": "formationofstate00park_0_0191.jp2"}, "192": {"fulltext": "178\\nquestion which was then and there decided. What did the court\\ndecide in that case Luther brought his action for trespass to his\\ndomicile in the Circuit Court of the United States for the district of\\nRhode Island. He charged the defendant in that ease with having\\nbroken open his residence, which every man knows is, under our\\nlaws, his castle. He charged in his declaration that defendant not\\nonly broke into and entered his house, but .went through all his\\nrooms, from garret to cellar, in search of his person; that he had\\nviolated, if you please, his sacred right of domicile.\\nNow, I may be pardoned for reminding gentleman here that there\\nis no right known to the citizen, under the American law, or under\\nthe law of any country beneath the sun where the principles of the\\ncommon law obtain, which is looked upon as more sacred than the\\nright of domicile. You know that by the common law it is held so\\nsacred that he who invades it without the leave of the owner, and\\nespecially menacingly, is not entitled to the benefit of the rule that\\nthe party whom he assails must flee to the wall, but he may suffer\\ninstant death, and the owner is justified before the law, because his\\nhearth-stone is not to be violated by a malicious intruder against his\\nprotest and against his consent. There was a strong case against\\ndefendant on that record if he had not justified the act. But he did\\njustify and how Rhode Island had been in revolution. Two op-\\nposing governments had been in operation. Who was to decide\\nwhich was the lawful government They first said that the Courts\\nwere to decide. They asked the Courts of Rhode Island to sit in\\njudgment upon the question whether the government under which\\nthey held their commission was a government at all. The Chief\\njustice of the United States, with bitter irony and sarcasm, remarked\\nthat he did not see how the question could be tried and decided in\\na State court; for that, whenever they arrived at the conclusion that\\nthe government to which they owed their existence was no govern-\\nment at all, the court itself ceased to be a court, and could not pro-\\nnounce the judgment. The breath of life would go out of its body\\ninstantly. This action, however, for trespass, was instituted in the\\nUnited States Circuit Court for the district of Rhode Island.\\nThe defendants, by their plea, justified the trespass on the ground\\nthat plaintiff was engaged in insurrection, together with others,\\nagainst the State that the State was, by competent authority, de-\\nclared under martial law; and that defendants, being in the military\\nservice of the State, by command of their superior officer, broke and", "height": "4156", "width": "2572", "jp2-path": "formationofstate00park_0_0192.jp2"}, "193": {"fulltext": "179\\nentered plaintiffs house. The plaintiff denied the authority, and\\nreplied it was defendants own proper wrong. In other words, was\\nthe government against which the plaintiff was in insurrection the\\ngovernment of Rhode Island\\nThe case finally came up to the Supreme Court of the United\\nStates, The Chief Justice (Taney) in delivering his opinion, said\\nthat it was a political question, and that the decision of it by the\\nFederal Executive, under the authority of Congress, was binding on\\nthe judiciary. He also said the power to decide the question which\\nof two governments in a State is the true government is in Congress.\\nThat decision amounts to just this, and that is what gives import-\\nance to it in the discussion of this question if the Congress of the\\nUnited States solemnly decide, as they are the ultimate arbiter of\\nthis political question, that the people of Western Virginia have no\\nright to maintain the government which they have established, and\\nunder which they have made this new Constitution, and apply here\\nfor admission, they thereby decide that it is void. All that remains\\nis for the Executive to follow your example, and leave that people to\\ntheir fate.\\nWhat is the effect of such a decision by Congress and the Ex-\\necutive It is to bind your own judiciary to hold the legislation of\\nthat people for the protection of their lives and property void. You\\nbind the judiciary of the State itself. You bind everybody\\nwho is appointed to execute the laws within that State.\\nWhile you pretend to be for the Constitution as it is, you sav\\nto this people, that inasmuch as they are in a minority, and inasmuch\\nas the majority have taken up arms against the Government of the\\nUnited States and of the State of Virginia, they are without the pro-\\ntection of local State law; that their representatives duly elected are\\nnot and cannot be called the Legislature of Virginia.\\nI think I have said enough to satisfy the gentlemen who have\\ndone me the kindness to attend to what I have said, that the Legis-\\nlature which assembled at Wheeling, Virginia, was the Legislature of\\nthe State of Virginia; and that it remains with you alone to deter-\\nmine whether it shall be or not. If you affirm that it is, there is no\\nappeal from your decision I am ready, for one, to affirm it, and\\nupon the distinct ground that I do recognize, in the language of Mr.\\nMadison, even the rights of a minority in a revolted State to be pro-\\ntected, under the Federal Constitution, both by Federal law and by\\nState law. I hold, sir, that the Legislature assembled at Wheeling,", "height": "4160", "width": "2560", "jp2-path": "formationofstate00park_0_0193.jp2"}, "194": {"fulltext": "180\\nthen, is the legal Legislature of the State that it had power to assent\\nto this division of the State of Virginia and that it is wholly imma-\\nterial to me. whether a majority of the counties of that State refused,\\nby reason of their treason, to co-operate in the election of Delegates\\nand Senators to that Legislature. On the subject of granting the\\nadmission of the proposed State, to which that body has assented, it\\nis enough for me to know there is a sufficient number of loyal men\\nwithin the limits of the proposed State to maintain the machinery of\\na State government, and entitle them to Federal representation.\\nThat is the only rule heretofore recognized by Congress in the matter\\nof admitting new States duly organized.\\nIt may be urged here that this Legislature, before assenting to\\nthe division of the State, should have met at Richmond. It is hard-\\nly worth while to follow out such an argument. Gentlemen might as\\nwell allege that if the forces of the rebellion took possession of this\\ncapital, the American Congress could not meet and lawfully exercise\\nits functions in Philadelphia. I do not expect to argue any such\\nquestion, I undertake to assert that the power exists that there is\\nnothing either in the Constitution of the United States, or\\nin the laws of the United States, to make invalid the\\nmeeting of Congress elsewhere within the limits of the Re-\\npublic than the city of Washington. If you assert the contrary con-\\nclusion, then all Jefferson Davis has to do in order to annihilate\\nthe legislative power of the Government is to take possession of this\\ncapital. I am not ready so to stultify myself.\\nNow. this Legislature of Virginia has passed an act, in due form of\\nlaw, assenting to the erection of a new State within the limits of that\\nState that is all which is required by the Constitution of the L T nited\\nStates on the part of the State of Virginia. It remains to be deter-\\nmined then whether Congress will grant its consent.\\nThis State, which it is proposed to admit into the Union, is three\\ntimes as large in territorial extent as the State of Massachusetts. It\\nhas an area of 24,000 square miles, and a free population of 340,000.\\nThe question then comes up whether the Congress of the United\\nStates ought to grant the prayer of the people of Virginia. Will\\nCongress admit the new State upon the Constitution as framed and\\nproposed by the bill to be amended\\nThe gentleman on the other side who professes to represent Vir-\\nginia in this matter, (Mr. Segar,) says that we should not admit this\\nnew State because there were eleven counties in which there was not", "height": "4156", "width": "2572", "jp2-path": "formationofstate00park_0_0194.jp2"}, "195": {"fulltext": "LSI\\na single vote for the Constitution. Well, there were fifty-two counties\\nwhich voted. But he has not informed us how many votes were cast\\nagainst it. It so happens that there is a return of some 19,300 on\\nthe adoption of the Constitution in the form as it originated in the\\nConvention, and only 500, in round numbers, cast against it. You\\nmust consider that at the time this vote was taken a large portion of\\nthe male population were in arms, protecting the frontiers against the\\ninroads of this armed rebellion. Yes, sir, my friend tells me not less\\nthan seventeen regiments, in other words, 17,000 men, were in the\\nfield.\\nThat objection is easily answered, however for it is expressly\\nprovided in the Senate bill, which is now before the House for con-\\nsideration, that the new State shall not be organized nor the Consti-\\ntution adopted until there shall be another election by the people.\\nThey will have an opportunity then to vote it down. You give it the\\nsanction of law by passing the Senate bill, which provides that it\\nshall not take effect until an election be held, and that the Constitu-\\ntion as amended by this bill shall be ratified by the people. They\\nwill then have an opportunity to determine, by ballot, whether they\\nwill come into the Union as a free State, or whether they will remain\\nin the State ot Virginia as now organized. I submit that I am jus-\\ntified in saying that the objection raised by the gentleman from Vir-\\nginia falls to the ground, unless he is indeed unwilling to trust the\\npeople. That is precisely the difference between him and myself.\\nI have an abiding confidence in the people, and that confidence shall\\nremain unshaken until that sad day comes, which I trust never will\\ncome, when a majority of the people in every State shall imitate the\\nbad example of a majority of the people of the State of Virginia.\\nThat would indeed be a calamity for which our matchless Constitu-\\ntion provides no remedy, and for which no possible Constitution can\\nprovide a cure. The people will then have consented simply to\\nnational suicide and self-destruction.\\nIt is because I have confidence in the people that I am willing to\\nsend this bill to them. I want to see them vote on it, from the base\\nof the Alleghanies to the beautiful waters of the Ohio. I have been\\namong that people. I know something of their character. I have\\nseen eight or ten thousand of them in Convention assembled, for the\\nlaudable purpose of holding up the arm of the Government against\\nthis unmatched treason and rebellion. 1 believe that they are loyal.\\nI believe that they are the friends of free institutions. We have", "height": "4148", "width": "2588", "jp2-path": "formationofstate00park_0_0195.jp2"}, "196": {"fulltext": "182\\nsome evidence of it in the Constitution now before us and we will\\nhave additional evidence in that instrument as they will amend it, if\\nyou pass this bill. If it be urged that this bill, because it imposes\\nconditions on the State, is without a precedent, I beg leave to say\\nthat it is not without a precedent There is scarcely a single bill\\nwhich has passed the Congress of the United States for the admis-\\nsion of a new State without conditions annexed, and without the fu-\\nture acceptance of which by the people of the proposed new State\\nthe State could not come into the Union.\\nThe question has been asked, is it expedient to admit his new\\nState Is it expedient to unite the people of that Valley as one\\nman in support of the Government Is it expedient to give validity\\nand legality to the acts of her lawful Legislature That is an im-\\nportant question for us to consider. I trust that all men in favor of\\nliberty regulated by law, will say that it is expedient for the American\\nCongress, if possible, to sanction their action and give force to their\\nlaws. I fear that the chief objection, at last, to the organization of\\nthis new State, and to its admission into the Union, however gentle-\\nmen may disguise their thoughts, and shrink from a manly avowal of\\nthem, is not that there is any Constitutional objection to it that there\\nis anything inexpedient in it, when you take into consideration the\\nwhole interests of the whole people of the Republic but simply that\\nit is an inroad, which will become permanent and enduring if you\\npass this bill, into that ancient Bastile of slavery out of which has\\ncome this wild, horrid conflict of arms which stains this distracted\\nland of ours this day with the blood of her children.\\nI have no doubt I have no authority from any of their repre-\\nsentatives to say it but I have no doubt from what I know of that\\npeople, that if you give them the authority by passing this bill, that\\nthey will not only ratify this Constitution, but that they will be glad to\\naccept the terms of the President s emancipation proclamation. I\\nbelieve that many moons will not come and go before the Common-\\nwealth of West Virginia will stand amongst the free Commonwealths\\nof the Union.\\nI have no doubt about the general sense of the people of West-\\nern Virginia, and that if this bill passes in its present shape there\\nwill be no slave born there after the 4th day of July next. I am not\\nashamed to say that I esteem liberty as above all price, and that I\\ncount it a great privilege to be able to secure to any man who is\\nguiltless of crime his liberty, though he be a slave. I would con-", "height": "4160", "width": "2588", "jp2-path": "formationofstate00park_0_0196.jp2"}, "197": {"fulltext": "183\\ntribute to that great end of our free institutions freedom to all, and\\npersonal security to each. Without this men, may as well not be.\\nUnder this bill, it is provided that no person born in that State\\nafter the 4th of July next shall be a slave that all persons held in\\nslavery within the limits of that State under the age of ten years\\nshall be free at the age of twenty-one, and all over ten and under\\ntwenty-one at the age of twenty-five years. God knows, I would\\nhave preferred that this House had the courage to have said that\\nevery human being should be free now and forevermore within the\\nproposed State, upon the adoption of the Constitution. I intended,\\nat one time, to have offered an amendment to the bill, but I had not\\nthe opportunity given me. I choose to follow the express will of a\\nmajority in that respect.\\nIf I could not give liberty to-day to all the slaves in Virginia, I\\nconsider it my duty to give liberty ultimately, as this bill does, to\\nnine tenths of the slaves within that State, and to forbid the increase\\nof slavery therein in the great hereafter. I think he would be a poor\\nRepresentative of free men and free institutions who would stand\\nhere and say, upon an occasion like this, that because he could not\\nsecure liberty to every slave within the State, therefore he would re-\\nfuse liberty to nine tenths of them, especially when he has the oppor-\\ntunity at the same moment to declare that no person born within the\\nlimits of that State after the next anniversary of our independence\\nshall be held as a slave.\\nI trust, then, the bill will pass I trust it will pass, as I said be-\\nfore, because I have an abiding confidence in the people themselves,\\nthat they not only will ratify what you will do, but speedily avail\\nthemselves in their legislation of the opportunity presented to them\\nby the President s proclamation to inaugurate immediate or ultimate\\nemancipation for every slave within the State.\\nRefuse to pass this bill, and if they attempt, by their present\\nLegislature, to adopt the emancipation policy of the President, you\\nwill have the argument thrown back into your faces that that is not\\nthe Legislature of the State, and has no power to consent to the\\nproclamation of the President of the United States and therefore\\nyou will be required to repudiate it. Pledge yourself to this. De-\\nclare that the Legislature ot the State, and upon that hypothesis\\nadmit the State, and, of course, once admitted, its own Legislative\\nAssembly will be beyond question and when the new Legislature", "height": "4156", "width": "2560", "jp2-path": "formationofstate00park_0_0197.jp2"}, "198": {"fulltext": "184\\nunder the new State of Virginia shall accept the President s proposi-\\ntion, as stated in his proclamation of the 22c\\\\ of September, all\\ndoubters about the Constitutionality of the act will be silenced and\\nwhether they be silenced or not, there will stand the record of the\\nmajority of this House to give validity to their act, and from which\\nthere can be no appeal.\\nThe Speaker. The hour of two o clock having arrived, debate\\nis closed by order of the House, and the question recurs upon the\\nthird reading of the bill.\\nThe bill was ordered to be read a third time and it was accord-\\ningly read the third time.\\nMr. Wickliffe. I call for the yeas and nays upon the passage\\nof the bill.\\nThe yeas and nays were ordered.\\nThe question was put and it was decided in the affirmative\\nyeas 96, nays 55 as follows\\nYeas Messrs. Aldrich, Arnold, Babbitt, Baker, Baxter, Beaman,\\nBingham, Jacob B. Blair, S. S. Blair, Blake, Wm. G. Brown, Buffing-\\nton, Burnham, Campbell, Casey, Chamberlain, Clark, Clements, Col-\\nfax, Frederick A. Conkling, Covode, Cutler, Davis, Duell, Dunn,\\nEdgerton, Edwards, Eliot, Ely, Fenton, Samuel C. Fessenden, Thom-\\nas A. D. Fessenden, Franchot, Frank, Goodwin, Gurley, Haight,\\nHale, Harrison, Hickman, Hooper, Horton, Hutchins, Julian, Kelley,\\nFrancis W. Kellogg, William Kellogg, Killinger, Lansing, Lehman,\\nLoomis, Lovejoy, Low, McKnight, McPherson, Maynard, Mitchell,\\nMoorhead, Anson P. Morrill, Justin S. Morrill, Nixon, Noell, Olin,\\nPatton, Timothy G. Phelps, Pike, Pomeroy, Porter, Potter, John H.\\nRice, Riddle, Edward H. Rollins, Sargent, Sedgwick, Shanks, Shef-\\nfield, Shellabarger, Sherman, Sloan, Spaulding, Stevens, Stratton,\\nTrimble, Trowbridge, Van Horn, Van Valkenburgh, Van Wyck, Ver-\\nree, Walker, Wall, Washburne, Whaley, Albert S. White, Wilson,\\nWindom, and Worcester 96.\\nNays Messrs. William J. Allen, Alley, Ancona, Ashley, Bailey,\\nBiddle, Cobb, Roscoe Conkling, Conway, Cox, Cravens, Crisfield,\\nCrittenden, Delano, Delaplaine, Diven, Dunlap, Gooch, Granger,\\nGrider, Hall, Harding, Holman, Johnson, Kerrigan, Knapp, Law,\\nMallory, Menzies, Morris, Noble, Norton, Odell, Pendleton, Price,\\nAlexander H. Rice, Richardson, Robinson, James S. Rollins, Segar,", "height": "4156", "width": "2572", "jp2-path": "formationofstate00park_0_0198.jp2"}, "199": {"fulltext": "185\\nShiel, Smith, John B. Steele, William G. Steele, Stiles, Benjamin F.\\nThomas, Francis Thomas, Train, Vallandigham, Voorhees, Ward,\\nChilton A. White, Wickliffe, Wright, and Yeaman 55.\\nSo the bill was passed.\\nDuring the call of the roll, Mr. Dawes stated that he had paired\\noff upon this vote with Mr. Walton, who would have voted in the\\naffirmative, while he should have voted in the negative.\\nMr. Franchot stated that his colleague, Mr. Wheeler, was ab-\\nsent on account of sickness in his family.\\nMr. Bingham moved to reconsider the vote by which the bill was\\npassed and also moved to lay the motion to reconsider on the table.\\nThe latter motion was agreed to.\\nWe received little active aid from Massachusetts in either\\nHouse. They seemed to be sore at the remarks published in the\\nBoston Courier, in December, i860. Senator Wilson rudely re-\\npulsed myself and friends, though he subsequently voted in our favor.\\nMany of her papers, however, especially the Worcester Spy, spoke\\nvery kindly and decidedly in our favor. There was no General\\nButler representing her in Congress at that time.\\nThe bill then went into the President s hands for approval or\\nveto. The opponents followed it there with unabated zeal. Many\\nof the papers said Mr. Lincoln would veto it. He required the\\nviews of each of his Cabinet, then in Washington, to be given in\\nwriting. Messrs. Seward, Chase and Stanton, the brains of the\\nCabinet, expressed themselves strongly in our favor while Messrs.\\nWelles, Blair and Bates, (the latter still adhering to the views ex-\\npressed in his letter to Mr. Ritchie, in 1861) expressed themselves\\nopposed Mr. Harlan being absent.;/ Numerically, therefore, the\\nPresident received no aid from his Constitutional advisers, but he\\ncould justly appreciate the arguments and reasons given. It may be\\nthen, to the honest, hard sense, and wisdom of Abraham Lincoln,\\nthat we are indebted for the new State for if he had vetoed, we\\ncould not have hoped to command a two-thirds vote of Congress.\\nThe Hon. Jacob B. Blair seems to have been most alive to the\\ncritical situation at this time, and his efforts were untiring; and his\\nhonesty and earnestness had effect, I have no doubt. 1 happened\\nto be in New York on private business, at this time, and gathering", "height": "4156", "width": "2564", "jp2-path": "formationofstate00park_0_0199.jp2"}, "200": {"fulltext": "18 6\\nfrom the papers the critical situation, I went to Washington the 31st\\nof December, called on Mr. Blair that evening, who informed me\\nthat he had just come from the President, who had told him to call\\nnext morning and receive a New Year s gift. We both slept well\\nthat night. In the morning, Mr. Blair, as he afterwards told me,\\ncalled at the Presidential mansion before the doors were opened,\\nwent in at a window, met the President, who had just got up he\\nwent immediately to a drawer, took out, and showed him the Bill,\\nwith his signature affixed as the New Year s gift he had promised\\nmanifesting the simplicity and joyousness of a child, when it feels it\\nhas done its duty, and gratified a friend. I soon after left for home.\\nThe 14th of February following Mr. Carlisle introduced the fol-\\nlowing in the Senate 1\\nAN ACT\\nSupplemental to the act entitled An Act for the admission of the\\nState of West Virginia into the Union and for other purposes;\\napproved December 31st, 1862.\\nBe it enacted by ike Senate and House of Representatives of the\\nUnited States of America, in Congress Assembled, That the procla\\nmation authorized by the second section of the act entitled An Act\\nfor the admission of the State of West Virginia into the Union and\\nfor other purposes, approved December 31st, 1862, shall not be\\nissued by the President, until after the following counties in said act,\\nviz Boone, Logan, Wyoming, Mercer, McDowell, Pocahontas,\\nRaleigh, Greenbrier, Monroe, Pendleton, Fayette, Nicholas and Clay,\\nnow in the possession of the so called Confederate Government, and\\nover which the restored Government of the State of Virginia has not\\nbeen extended or expressed,, have voted on and ratified the condi-\\ntions contained in said act.\\nSec. 2. And be it further enacted 7 That said Proclamation shall\\nnot be issued unless the conditions of said act shall have been rat-\\nified by the people, after an opportunity to vote upon the same has\\nbeen afforded to the voters in each of the counties named in the said\\nact nor shall it be issued if it shall be made to appear to the Presi-\\ndent by satisfactory evidence that the people have been prevented\\nfrom having the same freely canvassed before them, or that they have", "height": "4148", "width": "2572", "jp2-path": "formationofstate00park_0_0200.jp2"}, "201": {"fulltext": "187\\nbeen deterred from toting by the presence of military force, it being\\nthe intention of Congress to secure to the voters of every county\\nnamed therein the free exercise of the right of suffrage thereon.\\nIt was read twice by its title and referred to the Judiciary Com-\\nmittee, who reported adversely, February 26 Mr. Carlisle moved\\nthat his supplementary bill be taken up and considered, which mo-\\ntion the Senate refused by the following vote\\nMr. Sherman. Before the vote is taken I desire to say that my\\ncolleague (Mr. Wade) is detained at his lodgings by illness. That\\nwill explain his absence on several votes.\\nThe question being taken by yeas and nays, resulted yeas 12,\\nnays 28; as follows\\nYeas Messrs. Bayard, Carlisle, Davis, Kennedy, Latham,\\nNesmith, Powell, Rice, Richardson, Saulsbury, Turpie, and Wilson\\nof Missouri 12.\\nNays Messrs. Anthony, Arnold, Chandler, Clark, Collamer,\\nDixon Doolittle, Fessenden, Foot, Foster, Grimes, Harding, Harris,\\nHicks, Howard, Howe, King, Lane of Kansas, Morrill, Pomeroy,\\nSherman, Sumner, Ten Eyck, Trumbull, Wilkinson, Willey, Wilmot,\\nand Wilson of Massachusetts 28.\\nSo the Senate refused to consider the bill.\\nMr. Carlisle and his confederates continued to push their\\nopposition to the new State, until he stood in the Senate supported\\nonly by eleven rebel sympathizers, it would seem.\\nIn pursuance of previous summons by the Commissioners, the\\nConvention re-assembled the 18th of February, 1863, to approve, or\\nreject the gradual emancipation clause. The opposition had become\\ngreatly softened, in view of the unanimous expression of their con-\\nstituents for a gradual emancipation clause, by their informal vote in\\nthe Spring of 1862, and the action of Congress and President, and\\nconcluded there was to be a new State in spite of their opposition.\\nStill some contended that the assent of the Legislature to the Amend-\\nment was indispensable. But after referring to the Acts touching", "height": "4156", "width": "2556", "jp2-path": "formationofstate00park_0_0201.jp2"}, "202": {"fulltext": "188\\nthe subject, which the recently adjourned Legislature had passed be-\\nfore and after Congress had passed and published its action, they\\nconcluded that Legislature had already consented to the Amend-\\nment, and so the United States Supreme Court afterwards decided\\nin the case of Berkeley and Jefferson counties, I think. To put\\nthemselves in shape, to monopolize the offices in the new 7 State, be-\\ncame the absorbing question with them, then. The Hon. John Hall,\\nbeing necessarily absent, the Hon. A. D. Soper, of Tyler County,\\nwas elected President. Senator Willey appeared in his seat, and\\nopened the proceedings by a long speech, containing a re-hash, in-\\ndorsement and recommendation of the ideas and sentiments the\\nfriends had been proclaiming and contending for during the past\\nyear; but which he and his confederates had persistently opposed\\nand ignored, both in, and out of the Convention, and Congress. To\\nthese sentiments, I think, none dissented; though some, I know, who\\nwere conversant with antecedent facts, gauged, and weighed, the\\nman. This speech was printed and widely circulated, at the State s\\nexpense, I think, and helped much, to secure to him the honor and\\nemoluments of the Willey Amendment The opposition moved\\nthat the Convention had the power, and should ratify only, upon\\ncondition loyal slave owners were compensated for the pecuniary\\nsacrifice it would occasion, or that the Convention should simultan-\\neously pass a Resolution declaring it the duty of the Legislature to\\nmake such compensation. The motion was warmly discussed. In\\nthe course of which I submitted the following remarks:\\nThe repeated definition by members of their position, in relation\\nto the measure under consideration, admonish me to define mine\\nwhich I will briefly do. In answer to the suggestion of the gentle-\\nman from Kanawha, Mr. Ruffner, that he considered the matter\\ncompromised and settled last winter by the clause already in the\\nConstitution, I would say, that I voted for that clause then, but at the\\nsame time expressed my firm conviction it would not satisfy Con-\\ngress, and secure our admission. That that body would not consent\\nto make two slave States out of one. From the commencement I\\nhave been for a new State, and have been willing to use all necessary\\nand honorable means to get it. No man in his senses could have\\nexpected to attain the end without using the necessary means and\\nhowever loud any one may have been in his professions for a new", "height": "4160", "width": "2572", "jp2-path": "formationofstate00park_0_0202.jp2"}, "203": {"fulltext": "18?\\nState, if he was unwilling to use the obviously necessary means to\\nsecure it, I am bound to regard the acts of such a person rather than\\nhis professions, and set him clown as an anti-new State man. It is\\nnow obvious a majority of the Convention erred in judgment, to say\\nthe least, as to the sufficiency of the clause. But we are all liable to\\nerr, and I am the last to remind others of failings I am obnoxious to\\nmyself believing a consciousness of having been in the wrong a\\nsufficient punishment to all honorable minds, without being told of it.\\nBut as the gentleman had seen fit to revive what its friends charac-\\nterized at the time as a compromise in a manner to imply, if silent,\\nmy acquiescence, I have felt it my duty to say this much upon that\\npoint.\\nIn regard to the subject now under consideration the Act of\\nCongress provides that West Virginia shall become a State, and\\nmember of the Union under the present Constitution upon the fulfil-\\nment of a certain condition, viz that the Convention shall make,\\nand the people ratify a certain prescribed Amendment to that Con-\\nstitution. If less than this be clone, the condition will not be com-\\nplied with if more be done, if other amendments than the one\\nspecified be made, then a simultaneous ratification by the people,\\nwill give life to the specified amendment, and also such additional\\nones, which Congress must afterwards see and assent to, before the\\nPresident will issue his Proclamation. All agree this should not be\\ndone.\\nBut this Convention being the only organized body of West Vir-\\nginia, is not precluded from doing any other act which shall neither\\nadd to, nor take from, the Constitution with the amendment pre-\\nscribed, but which shall aid in giving practical effect to the amend-\\nment specified, and in accomplishing its object the getting of a\\nnew, and Free State. The object sought to be attained by the\\namendment specified, requires a sacrifice of certain property in\\nSlaves, owned by some of our loyal people, securing thereby a new\\nand free State with the immense public benefits which all agree are\\nto follow as the doubling of the value of real estate thereby in-\\ncreasing its valuation from ninety-three millions, its present valuation\\nto one hundred and eighty-six mi//ions as one item, and other things\\nin proportion. This creates the public exigency, or necessity for\\ntaking private property for public use, contemplated in the Federal\\nand new State Constitutions, namely that private property shall\\nnot be taken for public use without just compensation. A public", "height": "4160", "width": "2556", "jp2-path": "formationofstate00park_0_0203.jp2"}, "204": {"fulltext": "190\\nexigency must exist to justify by this provision the State taking pri-\\nvate property otherwise the State could approoriate the property\\nof all its citizens, as the caprice or ambition of rival political parties\\nmight dictate which would be obviously inadmissable in a Repub-\\nlican Government. But I conceive it to be immaterial to what use\\nthis private property is to be applied, provided it be clearly of public\\nuse, and for the public good. Private property may be taken for a\\npublic road, public navigation, for a bridge, or a mill, of public util-\\nity and buildings may be torn down in cities to stop the spread of\\nfire. Whether there be an actual user, or sacrifice, of such private\\nproperty, is immaterial, I conceive, if it be clearly for the public\\ngood.\\nBut I submit that it has never been judicially settled that the right\\nto, or in slaves, or that the abolition of such right as is proposed in\\nthe present case, is such private property, constitutes such public\\nexigency, or is such public use as the Constitutional provision\\ncontemplates, as entitling the owners to just compensation. These\\nare still debatable questions. Those who hold to what is called the\\nhigher law, deny that property can exist in a human being. The\\ngentleman from Taylor denies that the abolition proposed is such\\npublic use as will entitle the owner to just compensation. These,\\ntherefore, are cpen and debatable questions in this country as neither\\nhas been judicially settled by a competent Court the only tribunal\\nthat can authoritatively settle the question with us. But it is\\ntrue, nevertheless, that the action of the Executive and Legislative\\nbranches of the Government, in similar cases, is entitled to great\\nweight, and the action of other enlightened nations, in similar cases,\\nas England, France and Russia, are important. Every member\\nknows what Congress did last year, when it abolished slavery in the\\nDistrict of Columbia what the Chief Magistrate s views are as\\nwell as what England, France and Russia have done and still all\\nwill admit the public mind, in its present excited state, in relation to\\nthe subject of slavery, will differ on these points. Fortunately, every\\nmember of this Convention, except the gentleman from Taylor, who,\\nI hope, will become converted, agrees that it is such property, such\\npublic exigency, and such public use as will entitle the loyal\\nowner to just compensation, within the meaning of the Constitutional\\nclause, before stated.\\nNow, our loyal slaveholders, being a small minority in the State,\\nbefore they vote in favor of the proposed amendment, ask a public", "height": "4156", "width": "2572", "jp2-path": "formationofstate00park_0_0204.jp2"}, "205": {"fulltext": "191\\nand solemn declaration by this body that has made the Constitution,\\nthat in its judgment it is such property, that the public exigency ex-\\nists, that the sacrifice proposed is such public use, as is contempla-\\nted by the Constitution, and entitles the loyal owneis to just com-\\npensation. And they ask it, as I understand, for these reasons\\nFirst. Because it will place upon record the deliberate judgment\\nof this body upon these disputable points carrying home to the\\nminds of our constituents, slave-holding and non-slave-hokling, what\\nwe all agree to be the truth, and the legal rights and duties of all. So\\nthat our constituents shall have, when they vote on the important\\nmeasure, all the light which true and faithful representatives can give\\non the subject. Will this be anything more than doing our duty to\\nour constituents Shall we do our whole duty if we withhold it\\nShall we withhold, because rebel demagogues may try to abuse and\\nprevent it\\nSecond. Because it will enable every loyal slave-holder to vote\\nfor the amended Constitution, without any apprehension that by a\\nsilent vote, without protest, he may waive his right to claim pay.\\nThird. Because it will satisfy all slave-holders that have continued\\nloyal in spite of this interest, and at the same time afford no just\\nground for complaint to honest non-slave-holders and secure the\\nlargest vote, and serve thereby to remove existing differences from\\namong our loyal people upon this subject.\\nFourth. Because it will be a cotemporaneous and solemn decla-\\nration of the intention of the makers of the Constitution, and serve\\nin some measure to guide the action of future Legislatures.\\nFifth. Because it will show to the world that we have been hon-\\nest in our professed desire to have a new and Free State, by showing\\na readiness to use the necessary means, and make any necessary\\nsacrifice, to attain it.\\nLastly. Because it will place the new State upon that high, moral\\nground, where our friends everywhere expect her to stand where the\\nMother stood, so long and so gloriously till from herself she fell\\nand entitle the new State, not only to the maternal motto Sic\\nSemper Tyrannis but that far grander motto: Justice and Equity\\nto All\\nI believe our constituents are prepared to sustain us in doing\\nwhatever is honest, just and right, though it shall involve a small ad-\\nditional tax and also in declaring whenever, and wherever, the oc-", "height": "4156", "width": "2556", "jp2-path": "formationofstate00park_0_0205.jp2"}, "206": {"fulltext": "192\\ncasion shall demand, that such is the fixed purpose of this body. I\\nam sure that mine will. I believe the present occasion calls on us\\npublicly to declare that the amended Constitution secures to loyal\\nslave-holders just compensation for any sacrifice required to be made\\nby the prescribed amendment. Let us be just and fear not, leaving\\nwith God the consequences.\\nThe motion in both aspects was rejected, and the amendment as\\nproposed by Congress was unanimously adopted. The Convention,\\nhowever, passed a resolution commending such claims to the consid-\\neration of Congress, and moreover recommending it should make an\\nappropriation of $2,000,000 for the purpose which recommendation\\nhas not as yet, I think, been acted on by Congress the ratification\\nof the Thirteenth Amendment to the Federal Constitution having\\nannulled the claim.\\nThe only thing thar remained for the Convention to do, was to ar-\\nrange for taking the sense of the people, who, nearly a year before,\\nhad unanimously declared, by the informal vote, in favor of gradual\\nemancipation, and instructed their Representatives accordingly.\\nThis, therefore, became merely a matter of form, in order to comply\\nwith the requirement of the Bill, as passed by Congress, and as soon\\nas the people had approved, and the President of the Convention\\ncertified to the President oi the United States, it was made his duty\\nto issue his Proclamation, stating the fact, and sixty days thereafter\\nthe new State became consummated, and a member of the Union;\\nnot the bastard child of a political rape, as the redoubtable Gen-\\neral Wise called her (unless he and his confederates were the politi-\\ncal rapers.) but by a procedure as legitimate in all respects as any\\nState in the Union.\\nThe opposition, led at this time by the late Mr. Van Winkle,\\nwhose health had become invigorated by his summer recreation in\\nNew York the year previous had become furious to monopolize\\nthe offices under the new State and in the schedule for taking the\\nsense of the people, the 26th of May, then next, they proposed to\\nelect the officers at the same time. I submitted this question\\nwhether citizens of the State of Virginia, as our people clearly were\\nuntil the new State became consummated, could legally elect officers\\nfor another State, as distinct in law as the State of Ohio was. The", "height": "4156", "width": "2572", "jp2-path": "formationofstate00park_0_0206.jp2"}, "207": {"fulltext": "193\\ngreed for office, however, readily disposed of the question in the\\naffirmative. Mr. Van Winkle prepared an Address of some\\nsixteen pages, to our constituents, which, like Mr. Willey s speech,\\nwas a rehash of the ideas and sentiments our constituents had enter-\\ntained, and instructed their Delegates upon, about a year before. It\\nwas quite amusing to the friends to witness the buncomb efforts on\\nthe part of these recent converts. The Address was voted, and large\\nquantities printed and circulated. In the Convention as re-con-\\nvened, were Prof. W. R. White, in place of Rev. Gordon Battelle,\\ndelegate from Ohio county, deceased and Rev. Samuel Young,\\ndelegate from Pocahontas county.\\nThe Constitution as amended was, of course, ratified by the peo-\\nple, by a vote nearly unanimous, and officers elected the recent\\nzealous converts taking care to secure the most lucrative to them-\\nselves, as is usually the case. I was requested by my constituents\\nto become their Representative, in the first Legislature, but declined.\\nNor have I ever sought, or held, any office under the State of West\\nVirginia since and four dollars per day, while in the Convention,\\nand mileage there and back, is all I have received, in any form, for\\nmy time, services, personal expenses and disbursements, about the\\nnew State. My brother, Dr. Willard Parker, of New York,\\nwas my only pecuniary aider. I did cast my bread, such as it was,\\nupon the waters, and I have not a single regret. My only desire is\\nthat her people will make of the new State what she merits. To do this,\\nthey have to go to work, atad develop her resources, and not calculate\\non supporting themselves and families by sucking the poor thing dry\\nin the form of fees derived from petty offices, while they impart, by\\npersonal production, no reparative aliment, or she will become as\\njuiceless as a forest leaf in December. The Government and its\\nofficers, in our system of polity, are only the agents and servants of\\nthe individual citize?is, who alone are the sovereigns, the rulers, and\\nshould be the producers. From them, as individuals, the political\\nbody requires not the will only, but a contribution of produced and\\ncreated increment, indispensable to its existence and growth. Suppose\\nall citizens were to become officers or servants, which means suckers\\nupon the dear people with us the body politic how long, think,\\nbefore she would be sucked dry This cacoethcs for office is at pres-\\nent, the bane in both the Virginias, and other recently slave Suites.\\nProductive slave lafivr has ceased to supply the indispensable aliment\\nfor a prosperous State.\\nZ", "height": "4156", "width": "2572", "jp2-path": "formationofstate00park_0_0207.jp2"}, "208": {"fulltext": "194\\nArthur I. Boreman, of Wood county, a zealous Southern Metho-\\ndist when elected to the Richmond Convention in 1861 after his\\nreturn from that body, an equally zealous Northern Methodist, and.\\nPresident of the first Wheeling Convention, was elected Governor,,\\nand J. Edgar Boyers, Secretary of State, Campbell Tarr, Treasu-\\nrer, Samuel Crane, Auditor, and Efhraim B. Hall, Attorney Gen\\nJames H. Brown, R. L. Berkshire and Wm. A. Harrison, judges\\nof the Supreme Court of Appeals of which Judge Brown became\\nthe first President and for Circuit judges, E. H. Caldwell for the\\nFirst s John A. Dille for the Second Thomas W. Harrison for\\nthe Third; Chapman A. Stuart for the Fourth; Robert Ervine,\\nfor the Fifth James Loomis for the Sixth Daniel Polsley for the\\nSeventh Henry J. Samuels for the Eighth, of the Judicial Circuits,\\nGov. Peirpoint and some other Executive officers, at the time, of the\\nre-organized Government of Virginia, preferring to retain their pres-\\nent offices, and when the establishment of the new State superseded\\ntheir jurisdiction to the extent of its boundary, they withdrew the\\nVirginia archives, and removed to Alexandria, which became the\\nCapital of Virginia, and luudeus around which Unionism rallied, until\\nthe Rebellion was crushed, when they removed to Richmond, and the-\\nre-organized Government was submitted to throughout the State,\\nAnd let me say here, that, in my opinion, the re-organized Govern-\\nment of Virginia had in Francis H. Peirpoint, one of its boldest,,\\nmost self-sacrificing, and patriotic supporters, and in that way the\\nNation also though averse to a new State, especially in the form the\\nBill finally passed, as I have always thought.\\nThe officers elect met and organized the Government of the new\\nState, June 20, 1863, Mr. Van Winkle and Mr. Lamb were mem-\\nbers of the House of Delegates, and their services, in moulding the\\nexisting, laws of Virginia to conform to the new Constitution, were\\ninvaluable. The Virginia greed for office was everywhere rife, from\\nlowest to highest. The United States Senatorships overtopped all\\nothers two Senators were to be chosen by that Legislature. Messrs.\\nWilley, Van Winkle, Lamb, and A. W. Campbell were the princi-\\npal aspirants. The Methodist Episcopal Church, then dominant and\\naspiring, secured for its great Class leader, Mr. Willey,.. one of the\\nSenatorships with little opposition and then, or theretofore, substi-\\ntuted his for Mr. Carlisle s name wherever the latter existed. The\\ncamp upon Wheeling Island, where the brave and patriotic Kelley,\\nThoburn and Duval recruited and rendezvoused the First Virginia", "height": "4160", "width": "2572", "jp2-path": "formationofstate00park_0_0208.jp2"}, "209": {"fulltext": "195\\nUnion Infantry, while the genius of Carlisle inspired and Mr.\\nWillev was where was changed from Camp Carlisle to Camp\\nWillkv. The other Senatorship lie between Van Winkle, Lamb\\nand Campbell. Neither, I think, were ostensibly allied with the then\\ndominant Church, though it was thought to be its influence, that\\nenabled superiority of physique and brass to triumph over superior\\nmerit, in the choice of the other United States Senator. It was\\nabout the same time, I think, the Legislature appointed Mr. Lamb a\\nCommissioner to codify the laws.\\nIt was about this time when Grant and Sherman promised soon\\nto take Vicksburg, and repossess the entire Mississippi and its\\ntributaries, the rebels commenced another invasion of the loyal\\nStates- John Morgan, with his marauding band, advanced into\\nKentucky, and thence into Ohio while Lee s army advanced into\\nMaryland, making for Philadelphia, Washington and New York, by\\nway of Gettysburg. With what results, history shows. The sur-\\nrender of Vicksburg, the defeat of Lee at Gettysburg, and the fate\\nof Morgan and his band, changed the future policy of the rebels.\\nThey had got to divide the people of the loyal States, or ultimately\\nbe conquered. To accomplish this end, all the Copperheads and\\nRebel sympathizers throughout the loyal States and Canada were\\nsummonsed to act with promptness and vigor but entire secrecy\\nthrough all their secret organizations, of whatever name. Vallan-\\ndigham, whom the Government theretofore, had banished to Dixie,\\nstealthily returned through Canada to Ohio, and announced himself\\nas candidate for the Governorship -of that State an election was to\\ntake place that fall. The Copperheads and Rebel sympathizers made\\nhim their candidate, and rallied around his standard. His platform\\nwas the Constitutioual right of States to secede, the impossibility of\\never conquering the Rebel people, however much of blood and money\\nshould be expended, and that the only thing left was to cease hostili-\\nties, and either let them go, or settle on the best terms we could.\\nThis was a taking argument with the people of Ohio the key-stone\\nof the loyal arch, both civil and military as her people, generally,\\nwere getting tired of war. It was a critical hour. The loyal people\\nof Ohio nominated for their standard bearer the brave and patriotic\\nJohn Brough. I was at that time, residing temporally at Proctors-\\nville, Union township, Lawrence county, of that State, and felt keen-\\nly the supreme importance of the issue, and submitted to my fellow-", "height": "4160", "width": "2556", "jp2-path": "formationofstate00park_0_0209.jp2"}, "210": {"fulltext": "196\\ncitizens, orally and through the press, the following remarks in\\nanswer to treasonable statements put forth in our midst, and through-\\nout the loyal States, at the time.\\nTHE NATURE AND EXCELLENCE OF OUR POLITICAL\\nSYSTEM\u00e2\u0080\u0094THE DISTURBING ELEMENT.\\nFellow Citizens It is well for us to be here. In Council there\\nis wisdom and safety. What can we do to help restore our distract-\\ned Government, and remove the disturbing causes and thereby\\ninsure for it future health, peace, prosperity and happiness, is the ab-\\nsorbing question that ought to occupy all loyal and earnest minds,\\nthe citizen and citizen soldier, alike The man that is not prepared\\nto sacrifice himself, and all mere personal considerations to this par-\\namount object, is unworthy the era and country in which he lives,\\nand more especially, the confidence and suffrage of loyal men.\\nIt may be well to consider the nature and value of our Institutions,\\nwhich are imperilled by the apparently causeless and unnatural re-\\nbellion the results these Institutions had produced before the break-\\ning out of the war, the causes that produced the terrible strife, and\\nwhat are our present and future duties.\\nAnd first, as regards the origin and nature of our Institutions,\\nabout which there has been, and is now, a wide difference of opin-\\nion one party contending for the supremacy of the Federal, within\\nthe scope of its delegated powers, over the State Governments and\\nthe other party, the reverse, with a right in each State to secede, and\\nleave the Union, at pleasure. This matter, in issue, I will endeavor\\nto explain.\\nPrior to the 4th of July, 1776, the Thirteen Colonies, afterwards\\nthe Thirteen original States, were united by a common allegiance to\\nthe British Crown. On that day, for causes publicly declared to the\\nworld, this allegiance was forever dissolved. These Thirteen Colo-\\nnies thereupon became Thirteen separate and Independent peoples\\nthough practically acting together in resisting the Mother Country.\\nVery soon these Thirteen separate peoples, formed for themselves\\nrespectively, State Governments. In 1777-8 written Articles of\\nConfederation were entered into by and between these Thirteen\\nIndependent State sovereignties. The Federal, or Central Govern-", "height": "4160", "width": "2572", "jp2-path": "formationofstate00park_0_0210.jp2"}, "211": {"fulltext": "197\\nment formed thereby, called the Congress, was composed of Com-\\nmittees, or Delegates, elected by the Legislatures of the Thirteen\\nState Governments, which were the parties to this compact or league,\\nand not the people themselves. This Congress could pass laws, but\\nhad no power within itself to enforce them but was obliged to sup-\\nplicate the Thirteen State Governments to have them compel their\\nrespective citizens to obey its laws and if any State refused, the\\nother States had to compel by declaring war against her. This was\\nexactly the structure and powers of the old Confederation we have\\nheard so much talk about. And the results were what might be ex-\\npected. During the war, and pressure of the arms of the Mother\\nCountry, the States generally obliged their citizens to obey the laws\\nof Congress.\\nBut as soon as peace took place in 1783, and the outside pressure\\nwas removed, the States generally refused to obey the laws of the\\nCongress. No money could be raised to pay the debt the war had\\ncreated nor even the interest nor could money be raised to pay\\nthe current expenses of the Government. Disputes, rivalries, and\\njealousies sprung up among the several States in regard to Trade,\\nCommerce, and other subjects and the whole fruits of the Revolu-\\ntionary struggle were threatened with immediate ruin.\\nIt was at this crisis that Mr. Madison wrote I hold it for a\\nfundamental point that an individual sovereignty of the States is utter-\\nly irreconcilable with the idea of an aggregate sovereignty. I think,\\nat the same time, that the consolidation of the States into one single\\nsovereignty is not less unattainable than it would be inexpedient.\\nLet it be tried, then, whether any middle ground may be taken which\\nwill at once support a due Superiority of the National authority, and\\nleave in force the local authorities so far as they can be subordinately\\nuseful. Mr. Edmond Randolph wrote: Government should be\\nable to defend itself against incroachments, and that it should be\\nparamount to State Constitutions, and have power to call forth the\\nforce of the Union against any member of the Union failing to fulfil\\nits duty. Mr. Pinckney, of South Carolina, wrote That the\\nStates must be kept in due subordination to the Nation. That if\\nStates were left to act for themselves, in any case, it would be im\\npossible, to defend the National prerogatives.\\nThese were the views entertained by the first minds in the South of\\nthe insufficiency of the Confederation, as well as of the kind of\\nGovernment required.", "height": "4160", "width": "2572", "jp2-path": "formationofstate00park_0_0211.jp2"}, "212": {"fulltext": "198\\nThe giants of the Revolution aroused anew to make secure forever\\nthe precious boon their valor had won. The 25th of May, 1787, the\\nDelegates representing the people of the several States, met in Con-\\nvention at^Philadelphia, and with George Washington in the Chair,\\nmatured, and drafted our present Constitution. There were in that\\nConvention the first intellects of the country, and of the age. Men\\nthat had cleared a place in the wilderness for a great Nation, expelled\\nthe red men, resisted the murderous attack of the French and In-\\ndians, and finally, after wrestling for seven years with the British lion,\\nhad expelled, and brought him to acknowledge their Independence.\\nThink these men did not know what they were doing Think they\\n\u00e2\u0080\u00a2would not cure by their new form of Government the fatal evils they\\nhad found during eleven years .trial to exist in the Confederation?\\nThink they came together, and after deliberating for months, made\\nno material change to remedy the manifest radical defects Well,\\nthe present position of the Rebels and Copperheads assume they\\ndid not. They assume the great Fathers left the States altogether\\nsovereign, with power and right to secede from the Union whenever\\nthey please\\nLet us see for a moment what the Fathers did do. They drafted,\\nand the people afterward ordained and established a Constitution and\\nGovernment, self-acting, self- executing, and complete with its\\nLegislative, Executive and Judicial departments placing its founda-\\ntion on the people in their individual capacity not a mere compact\\n\u00e2\u0080\u00a2or league between the Thirteen States sovereignties, as the old Con-\\nfederation confessedly was. It begins thus We the PEOPLE of\\nthe United States, in order to form a more perfect union, establish\\njustice, insure domestic tranquility, provide for the common defence,\\npromote the general welfare, and secure the blessings of liberty for\\nourselves and posterity, do ordain and establish this Constitution for\\nthe United States of America. Then follows the various provisions\\nand it was afterward submitted to the people of the Thirteen States,\\nand was by them ratified. Article sixth reads thus: This Consti-\\ntution, and the Laws made in pursuance thereof, and treaties made,\\nor which shall be made, under the authority of the United States,\\nshall be the Supreme Law of the land and the Judges of every State\\nshall be bound thereby, anything in the Constitution, or laws of any\\nState, to the contrary notwithstanding.\\nGen. Washington, in his letter accompanying the draft of the\\nConstitution to Congress, wrote thus In all our deliberations on\\n1", "height": "4160", "width": "2572", "jp2-path": "formationofstate00park_0_0212.jp2"}, "213": {"fulltext": "199\\nthe subject, we have kept steadily in our view that which seemed to\\nus the greatest interest to every true American the Consolidation of\\nthe Union in which is involved our prosperity, felicity, and, perhaps,\\nour National existence.\\nNow, this Instrument discloses four great facts, intended by the\\ndrafters, first, that it is to be a Government second, that the People\\nof the Thirteen States are to ordain and establish it; third, that\\nthereby all the People are to become Consolidated and become one\\nPeople to the extent of powers granted fourth, and when established\\nwas, with the laws and treaties made in accordance therewith,, to be-\\ncome the Supreme Law of the Land; and all Constitutions and laws\\nof the States were to become subordinate thereto.\\nThe Convention requested the Congress then in session, under the\\nArticles of Confederation, to submit this Instrument to the peopt^.\\nof all the States, to be convened through their delegates m each Stale\\nto ratify the Instrument, which was done and the people of the sev-\\neral States ratified it in the following order, viz Delaware, the 7th\\nDecember, 1787 Pennsylvania, 12th December, 1787 New Jersey,\\n17th December, 1787; Georgia, 2d January, 1783 Connecticut, 9th\\nJanuary, 1788; Massachusetts, 6th February, 1788; Maryland, 28th.\\nApril, 1788; South Carolina, 23d May, 1788 New Hampshire, 21st.\\nJune, 1788 Virginia, 25th June, 1788 New York, 26th July, 1788\\nNorth Carolina, 21st November, 1789; Rhode Island, 29th May,\\n1790. The Instrument provided, that as soon as the people of nine\\nStates had ratified, it should take effect as to them, and authorized\\nthem to proceed to organize. The people convened in their respect-\\nive States for the purpose of ratifying because it was more convenient\\nthan for all to meet in one general Convention.\\nNow, can there be any doubt that the Instrument was intended to\\nbe the act and deed of the people of the Thirteen States If we/\\ntake up a newspaper to-morrow, and find a Proclamation reading,\\nthus I, Abraham Lincoln, lc, and bearing his signature at the\\nbottom, should we hesitate in saying it was Mr. Lincoln s proclama-\\ntion No more can we hesitate to say our present Constitution is the.\\nact and deed of the people of the United States, acting in their in-\\ndividual capacity. The people of e,ach State became consolidated,\\nand bound, as fast as they ratified, in the manner the signers to m\\nsubscription paper, headed yve the undersigned, c. the obliga-\\ntion attaches as the parties adopt by subscribing their names.", "height": "4156", "width": "2572", "jp2-path": "formationofstate00park_0_0213.jp2"}, "214": {"fulltext": "200\\nThere being no question that such was the intention of the transac-\\ntion, the only remaining question is, had the people power to establish\\nsuch a Government? Of this, there can be no doubt. They at the\\ntime possessed or controlled all sovereign power, and could apportion\\nthis power between their State and Federal Government as they\\nchose and if, in erecting the Federal Government it became neces-\\nsary to resume or take back powers previously conferred on their re-\\nspective State Governments, they had the unquestionable right to do\\nso, and thereby place their State Governments as Washington, Mad-\\nison, Randolph, and Pinckney had proposed in subordination to\\nthe Federal Government to the extent of its delegated powers.\\nI have been thus particular, on this point, because secession starts\\nhere. The Rebels say the present Constitution, like the Articles of\\nConfederation, is only a compact, or league between the State\\nGovernments, and does not subordinate or abridge the State sover-\\neignty or its right to secede which, as stated before, contradicts the\\nplain language of the Instrument, and stultifies its Framers.\\nThe next inquiry is, how did the people in fact apportion or distri-\\nbute the powers (Article 9th and 10th Amendments) clearly defines\\nthis. Article 9th The Enumeration in the Constitution of certain\\nrights shall not be construed to deny or disparage others retained by\\nthe people. Article 10th The powers not delegated to the United\\nStates by this Constitution, nor prohibited by it to the States, are re-\\nserved to the States respectively, or to the people.\\nTo determine our Governmental duties and rights, therefore, we\\nhave first to look to the Federal Constitution and see what powers\\nhave been granted to that Government and to these, and the laws\\nand treaties made in accordance therewith, we owe our first and high-\\nest duty and allegiance. Next, we should see what rights and powers\\nthat Instrument has prohibited to State Governments; and if our re-\\nspective State Government undertakes to exercise any of these pro-\\nhibited powers our paramoufit duty to the Federal Government re-\\nquires us to keep our State Government to its sphere and place. We\\nwill then examine our respective State Constitution and Bill of\\nRights, and whatever powers we find conferred on it which have not\\nbeen conferred on the Federal Government, nor prohibited by its\\nConstitution to the States, and State laws made in accordance with\\nthis lawful State authority we are also bound to obey all other pow-\\ners by the Amendments before quoted are reserved and belong to the", "height": "4160", "width": "2572", "jp2-path": "formationofstate00park_0_0214.jp2"}, "215": {"fulltext": "SOI\\npeople, the rightful owners and controllers of all sovereign power\\nwhether delegated to their Governmental agencies, or not. Questions\\nof conflict that arise between the powers of the two Governments it\\nis the duty of the Supreme Court of the United States to decide\\nwhich forms the key-stone of the arch, without which the whole\\nstructure would sink into anarchy. It is a system which seems to\\nhave been generated and formed by the circumstances which sur-\\nrounded its great Founders,- who were but fit instruments in the\\nAlmighty s hand.\\nWe are then, citizens of two distinct Governments, the Federal\\nand our respective State Government and owing allegiance to each\\nto the extent of the powers each possesses. Both of these Govern-\\nments are equally original, springing from, and resting upon, the\\npeople. Each is self-acting, independent.- and mandatory within the\\nsphere of its powers\u00e2\u0080\u0094 having its Legislative, Executive^ and Judicial\\nbranches.- The constituency of each State Government are the citi-\\nzens of the United States residing within such Stare the constit-\\nuency of the Federal Government are the citizeris of the thirty-five\\nStates, united as one people to the extent of the Federal powers\\ngranted. The Judges of the Supreme Court of the United States,\\nCongress, and the President, represent all the people in their aggre-\\ngate National character. It is made the express duty of the Presi-\\ndent to preserve, protect and defend this Government to the best\\nof his ability and take care that the laws are faithfully executed\\nall which he is bound by solemn oath to perform.\\nTo enable the President to perform these, the highest of earthly\\nduties, he is made Commander-in-Chief of the Army and Navy of\\nthe United States, and the Militia of the several States when called\\ninto the actual service of the United States. It is made the express\\nduty of Congress to make taws for calling out the Militia to execute\\nthe laws of the Union, suppress Insurrections, and repel Invasions.\\nIt is also made the doty of Congress to make all other laws necessary\\nand proper for carrying into effect the powers granted to the rov-\\nernm ent, skid to any Department or Officer thereof, which includes\\nthe President. Congress declares war and concludes peace. But\\nwhen war is once declared, the President, as C mmander-in- Chief, is\\nbound to conduct it subject only to the established Articles of War,\\nas his judgment and oath -bound conscience shall direct, in order to\\nbest preserve, protect and defend the divine Edifice. As Cbm-\\nmander-in-Chief he is subject only to tfec established Articles of\\nA*", "height": "4156", "width": "2560", "jp2-path": "formationofstate00park_0_0215.jp2"}, "216": {"fulltext": "202\\nWar beyond that, in conducting a war he is absolute. He\\ncan suspend the writ of habeas corpus, whenever in his judgment the\\npublic safety requires, and thereby declare martial law, and shut alt\\nCivil Courts. The powers of the Government are self- adjusting, and\\nflow to the military head, in propoition to the emineney of the\\ndanger to the Government. As the storms rise and press, he rises\\nm power, until he becomes another flaming sword/ 5 turning every-\\nway to gsaard this new tree of lite; and as these subside he must\\nalso. Botla Rebels and Copperheads will find before they get\\nthrough the present war that the Fathers were not fools, but had\\nsense enough to construct a Government,, able to defend itself, against\\nall enemies even monsters as unnatural and God-forsaken as the\\nRebels, themselves.\\nBest what fruits and results had these Institutions produced up to-\\nthe; breaking out of the present rebellion during seventy-two years\\nPolitical institutions, like men, are best judged of by the results pro-\\nduced.\\nOur Territory had expanded from narrow strips along the Eastern\\nand Western, slopes of the Alleghanies to the Pacific, and the River\\nDel Norte; from thirteen feeble Colonies to thirty-three States our\\npeople from three to thirty-one million.; our Cities from. one, Philadel-\\nphia,, (then numbering 40,000 inhabitants) t one hundred and thirty,\\nwith New York the third, and soon to become the fast in. the World\\nour Commerce has become second only to Great Britain; the ton-\\nnage of our Vessels horn a few inferior Coasters and Merchantmen.,,\\nto over 5,000,000 tons measurement our Exports had reached the\\nenormous aggregate of $300,000,000 annually and in fact the increase\\nof everything else that makes a People great, prosperous and happy,\\nhad been equally wonderful, and hitherto- unexampled in the world\\nquy Flag known and honored by all Nations and even the isolated\\nand hitherto sealed up People of the East had been recently allured\\nto- our shores, asking our friendship and alliance I\\nNor bad the rapid extension of our Government, over new Countries\\nand new Peoples, created any injurious coin petition in the working\\nof the great and vastly diversified Industrial Interests under this won-\\nderful System; but the whole had been characterized by the perfect\\nharmony and reciprocity shown in the working of the vital functions\\nof a healthy animal body no where too much, and everywhere\\nenough each part giving and receiving vigor and nour ishment; blest\\nwith plentiful harvests and general health at honorable peace with.", "height": "4156", "width": "2572", "jp2-path": "formationofstate00park_0_0216.jp2"}, "217": {"fulltext": "203\\n:it r ll Nations, and our People everywhere apparently full of hope S|nd\\nliappiness. Such was our National aspect in i860. How like the\\nGarden of Eden on the morning of the Fall, while the Archfiend\\nremained masked in the wily serpent, or squatting toad J\\nI will now introduce to you the testimony of Mr. A. H. Stephens,\\nof Georgia, the brightest and clearest intellect by far of the whole\\nSouth; and had he possessed the courage and strength, would to this\\nday, I believe, have -remained unchanged; but he long since swooned\\nwe all know, and fell into the chair of the Vice Presidency of the\\nso-called Southern Confederacy,\\nHe opposed the going out of Georgia the 14th of November, i86o T\\nbefore the Legislature in a masterly speech and again in the Con-\\nvention that passed the ordinance. In his speech before the Legis-\\nlature he said: Our model Republic is the best the history of the\\nworld gives any account of. That this Government of our\\nFathers comes nearer the objects of all Good Government than any\\nother on the face of the Earth is my settled conviction.\\nCompare our Government with Spain, Mexico, the South American\\nRepublics, Germany, Ireland, Prussia, Turkey, China, and wherever\\nyou go following the sun in his track around the globe, to find a Gov-\\nernment that better protects the liberties of the People, and secures\\nto them the blessings we enjoy. And in his subsequent speech be-\\nfore the Convention he said, inquiring for their motives for wishing\\nto overthrow the Government Is it for the overthrow of the\\nAmerican Government, established by our common Ancestry, cement-\\ned and built up by their sweat and blood, and founded on the broad\\nprinciples of Right, Justice and Humanity and as such I must de-\\nclare here as I have often done before, and which has been repeated\\nby the greatest and wisest Statesmen and Patriots in this and other\\nlands that it is the best and freest Government, the most equal in\\nits laws, the most just in its decisions, the most lenient in its\\n\u00e2\u0080\u00a2measures, and the most inspiring in its principles to elevate the race\\nof man that the sun of Heaven ever shown upon\\nNo motive could have induced Mr. Stephens to have thus stated,\\nbut the deep conviction of his entire nature that it was true and\\nhis great intelligence and long and large experience as a\\npublic man, had eminently qualified him to know and judge. I have\\ndwelt thus long on this branch because I have felt that the\\nexcellence, the inestimable value and blessings of our Institutions are", "height": "4156", "width": "2572", "jp2-path": "formationofstate00park_0_0217.jp2"}, "218": {"fulltext": "204\\nnot correctly understood by many, and are adequately appreciated\\nbut by few. Their blessings have been so constant and so bountiful\\nthat like the pure atmosphere we breathe, they have lost hold on our\\nattention, and ceaseed to interest.\\nI fear we do not my of us sufficiently estimate the importance of\\nthe right kind of Political Institutions to the growth, development,\\nand happiness of a People. Look at Greece the same fertile soil,\\nblue sky, inlets and harbors the same 4^ga?an and Olympus the\\nsame lane} where Homer sung, and Pericles and Demosthenes-\\nspoke and Socrates, Plato and Aristotle, unaided by direct\\nRevelation, pierced the arcana of nature, and looked through it up\\nto nature s God. The same Salamis and Thermopylae. It is in\\nnature the same old Greece, ^but living Greece no more and why\\nBecause its Political Institutions, the divinely moulding matrix, have\\ndeparted. So with Rome, the Eternal City and so long the mistress\\nof the world, and all other ancient cities and States we read of.\\nMen grow and develop like the plant, according to the circumstances\\nand the nature of the aliments that surround them. Individuals at\\nfirst give shape to the Institutions, and by Divine aid as our Fathers\\ndid, impart to them a developing form and quickening spirit and\\nafterwards the Institutions will for a long time act upon a People with\\nmost happy and marked results -the action becomes reciprocal.\\nAll Governments heretofore have had their youth, their maturity\\nand decline, like individuals. Ours is in its youth and is it to die\\nthus prematurely Humanity, nature and God 3 the spirits of the\\ngreat Founders, and of the recent heroic dead, the spontaneous impulse\\nof every true and loyal American heart\u00e2\u0080\u0094 answer, No 1 The present\\ndisease is abnormal^ superinduced by excess of health, growth and\\nprosperity, both in the North a.nd South. Our unexampled prosper-\\nity was greater than we could bear. We in a measure forgot God a\\nand have departed from the counsels and wisdom of our Fathers,\\nWe had become ambitious, vain, and proud. But the same benefi-\\ncent Being that bids the foul pool and tainted atmosphere, be puri-\\nfied bids this young nation purge itself and it will do it, and not\\ndie but come out cleansed and possessed of sounder health than it\\nhas ever enjoyed, and yet fulfill the high mission Heaven has\\nallotted it.\\nWe will now inquire for the principal and immediate cause of the\\npresent seemingly unnatural and causeless Rebellion against this best\\np,f Governments, as has been abundantly proved by such an array", "height": "4160", "width": "2572", "jp2-path": "formationofstate00park_0_0218.jp2"}, "219": {"fulltext": "205\\nof facts, and the clear and repeated admissions of the first intelli-\\ngence, and one holding the second office in this unique political\\nmonstrosity which could have had its origin and growth only from\\nthe .coming together of the greatest contrarieties in nature; and\\nnothing short of that system of absolute, legalized servitude, which\\nhas been cankering and festering at the very core of a Government,\\nwhose corner stone and political starting point was that all men are\\nborn free and equal The great law of nature that like begets\\nlike, forbids that anything short of such an antagonism could have\\nproduced it.\\nBut it is not left to inference alone there exists positive evidence\\nthat establishes the facts beyond question. The Fathers would never\\nhave left this disturbing element in the system had they not firmly\\nbelieved the causes then at work would soon eradicate the evil.\\nBut the discovery by Whitney of the cotton gin soon after the Con-\\nstitution was formed, gave an enlarged merchantable value to the\\narticle of Cotton, and rapidly increased the consumption and demand\\nfor it. This consumption and demand continued constantly to in-\\ncrease until in i860 it had become the clothing of the world, and as\\nthe slave oligarchs vainlv thought its lord paramount, and that\\nthrones and principalities rested upon it. The Slave States through\\ntheir peculiar system of labor, and perhaps peculiar fitness of soil\\nand climate, had mainly monopolized its growth. The value of slaves\\nand slave labor rapidly advanced, till in i860 their value had increas-\\ned fifteen or twenty fold. The Fathers, counting its existence to be\\nonly temporary, and thinking it would soon die out of itself, made\\nlittle room for Slavery in the Constitution. But as the value and\\nimportance of this property increased, Southern Statesmen early\\nsaw their straitened condition in this particular, became sensitive\\nand nervous, and began to make room for it. Here as early as 18 19\\nthe conflict began, which has continued to wax warmer and warmer,\\ntill it culminated in the present terrible Rebellion.\\nMr, Calhotjn, the most subtle Statesman and captivating sophist\\nthe country ever produced, early foresaw the embarrassments and\\ndifficulties that would likely attend so immense an interest as the\\nslave interest was fast becoming in a Government, whose genius was\\nFreedom, and whose Framers had never contemplated or provided a\\nplace for so large and hostile interest therein. He early saw that to\\nelevate and give undue prominence to State Rights over Federal\\npr National, was the only means to guard and foster the growing", "height": "4160", "width": "2560", "jp2-path": "formationofstate00park_0_0219.jp2"}, "220": {"fulltext": "206\\ninterest; he also saw the necessity for consolidating the entire slave\\ninterest into a political unit and then, by securing the co-operation\\nof Northern dough-faces, by the emoluments of office, to take, hold attd\\ncontrol the Federal Government, and use it for the advancement of\\nthe slave interest and power. His plan was by these appliances to\\ngive full scope to the extension of the slave interest within the\\nUnion, and whenever checked in this to have the Southern mind\\neducated and prepared to withdraw from the Union, and establish a\\nmonarchy with Slavery for its basis. The State Rights doctrine was\\neverywhere inculcated in the South. The Resolutions of 1798 and\\n1799, which Jefferson and Madison had originated as a basis, for\\ntheir strict construction doctrine of the Constitution in opposition\\nto the Alien and Sedition Laws of John Adams administration,\\nand for establishing the Republican party, as opposed to the Federal\\nand on which Jefferson became President in 1801, and he, Madi-\\nson and Monroe continued to hold the office until 1824, when\\nJohn Q. Adams succeeded. I say Calhoun dug up these old Reso-\\nlutions, and making additions to suit his purpose, set the whole South\\nto committing them to memory. In 1830 Robert Y. Haynes, his\\npupil, broached his State Rights doctrine in the United States\\nSenate, on Foote s resolution, assailing the North, and Mr. Webster\\nanswered in his celebrated speech and demolished him. Calhoun\\nsoon after resigned the Vice Presidency, and was returned to the\\nSenate to defend South Carolina against the iniquitous Tariff, as he\\ntermed it, and try the strength of his State Rights doctrine by nulli-\\nfying the laws of Congress. General Jackson happened then to be\\nabout, and by the great eternal John C. Calhoun had to back out,\\nor he would have hung as high as Haman\\nThis was in 1832-3. Mr. Clay brought about a compromise of the\\nTariff question, which settled that for some time. In 1835 Mr. Cal-\\nhoun applied all his power for forcing the slave issue on the North.\\nIn 1837 Van Buren succeeded to the Presidency by assuming,\\nreverentially and circumspectly, to walk in the foot steps of his\\nillustrious predecessor. This was the era of loco-focoism. In\\n1840 the Whig party out-demagogued Van Buren by their log\\ncabins, hard cider, and coon skins, and Harrison and Tyler were\\nelected. In 1841 Harrison died, and Tyler became a nondescript\\nin politics. In 1844 Van Buren broke upon the Texas annexation\\nquestion, and Polk was elected. Texas, the Mexican war, and the\\nacquisition of the Mexican territory followed in 1848. In all these", "height": "4152", "width": "2572", "jp2-path": "formationofstate00park_0_0220.jp2"}, "221": {"fulltext": "207\\nmeasures Calhoun and the Slave power ruled. The South took the\\nlead in all these measures with a view to acquire territory over which\\nto spread Slavery, either in, or out of the Union, as circumstances\\nmight dictate. The newly acquired territory happened to be free by\\nthe laws of Mexico and the conflict became fierce. Calhoun went\\nfor forcing the slave issue, as he termed it, on the North. General\\nTaylor was elected President. The Free Soil party was organized.\\nVan Buren aided by his son John, out of spite to General Cass,.\\nwho worked against him in 1844, became its candidate, and Cass\\nwas defeated. The famous Wilmot proviso arose gold was dis-\\ncovered in California, and that State rapidly settled; and in 1850\\napplied for admission to the Union as a free State one-third of its\\nterritory lying South of 36 30, the line fixftd by the Missouri com-\\npromise in 1820. The compromise of 1850 took place. California\\nwas admitted as a free State, and the Fugitive Slave law passed, as a\\npart of the compromise. The rebel Mason exulted at the stinging\\npoints he had got in the Fugitive Slave law, as it would force the\\nslave issue on the North more rapidly. In the Spring of 1850 Cal-\\nhoun died in June 1852 Clay, and in October 1852 Webster, died.\\nTheir mantles fell upon smaller men. In 1852 Frank Pierce was\\nelected President, (a perfect tool of the slave power) and took\\nCaleb Cushing and Jeff. Davis as his controlling advisers. In\\n1854 the Kansas-Nebraska act passed, and the Missouri compromise\\nwas openly abrogated, and the squatter sovereignty adopted.\\nPierce makes efforts to purchase Cuba. In 1856 Buchanan and\\nBreckenridge were elected on the squatter sovereignty platform.\\nFremont gets a large vote. The Personal Liberty Bills are passed\\nin the free States. Bleeding Kansas becomes the field of conflict\\nbetween the border ruffians and the emigrant aid societies.\\nThe latter in spite of all the efforts of the administration, prevailed\\nand the forepart of i860 the slave oligarchs conclude the Southern\\nmind had become sufficiently moulded, and the Southern heart fired,\\nto strike for separation, and the setting up of an independent mon-\\narchy. The plan was to split the Democratic party, secure the elec-\\ntion of Mr. Lincoln, and then strike for a separation. The facts\\nthat have taken place since are familiar to all.\\nSubsequent facts have developed the most extensive and extraor-\\ndinary conspiracy that the world ever witnessed. It had been in\\nexistence for thirty years, ever since General Jackson demolished\\nCalhoun in 1832-3. The rapid increase in the number and value", "height": "4152", "width": "2560", "jp2-path": "formationofstate00park_0_0221.jp2"}, "222": {"fulltext": "208\\nof slaves and the wealth, consequence and luxury they brought fo\\ntheir masters, early changed entirely their moral and religious views\\nof the Institution. Instead of regarding the subject as the Fathers\\ndid, a moral, religious and political evil, they had come to regard it\\nas a Divine Institution, enjoined by both natural and revealed law\\nand the only safe and sure foundation on which human government\\ncould rest. When all other parts of Christendom were fast emerg-\\ning from it into a higher civilization and purer christian light, they\\nwere descending to its darkest and most revolting depths. What in\\nthe beginning was only a nervous instability at the peculiar and em-\\nbarrassing condition of this antagonistic element, increasing instead of\\ndying out on their hands, they had become arrogant, insolent, and\\nbullying\u00e2\u0080\u0094 exhibiting the qualities of the gladiator, or brigand, rather\\nthan the amenities of the gentleman. Being reared from infancy to\\nspit on and beat at pleasure the African, they have naturally come to\\nthink they can treat the white man in the same way. The influence\\nof the Institution tends to destroy their purity, and corrupt through-\\nout their moral and relsgious character and on the whole, make very\\nuncomfortable members in a Republican family.\\nThe means used to bring fo maturity this gigantic conspiracy have\\nbeen various. One was with Calhoun and his disciples since his\\ndeath, to force the slave issue on the North\u00e2\u0080\u0094that is, to insult, taunt,\\nirritate, shake the red flag, and thereby provoke the North to do\\nand say imprudent things, which they would at once snatch up, pa-\\nrade, distort, and magnify before their deluded followers at home, and\\nthereby fire the Southern heart. And too many of the Northerners\\nsuffered themselves fo be betrayed into saying and doing imprudent\\nand some unconstitutional things, as passing the Personal Liberty\\nLaws in particular. Their Southern Commercial Conventions were\\nanother means. But the Southern Rights League, which merged\\nin 1858 info that mystic, secret, thoroughly organized, wide spread\\nand powerful order known as the Knights of the Golden Circle.\\nThis was the last and crowning form the conspiracy took before the\\nRebellion began, and is to-day in full blast. As to the existence of\\nthis order, its nature, and purpose, its magnitude, and terrible wide\\nspread influence at this hour throughout, the Free States, none can\\ndoubt; and which clearly explains the conduct of men among us\\notherwise inexplicable. Nearly all the Copperhead and Butternut\\nleaders belong to one of the three degrees of this order. Their\\nKnightly allies in the Free States had promised their Southern", "height": "4148", "width": "2580", "jp2-path": "formationofstate00park_0_0222.jp2"}, "223": {"fulltext": "209\\nbrothers large aid in holding the Free States still, while they of the\\nSouth broke the South off, and they were then to join the South, and\\nshare the plunder the stars, garters and diadems Their conduct\\nadmits of no other explanation.\\nThe Southern leaders thought these political Judases controlled\\nthe People of the Free, as they did the poor whites of the South.\\nThey expected a coup d etat without much fuss. But when their\\nguns opened on Sumpter, and the masses of the Free States awaken-\\ned, the Southern knights became undeceived and their Northern\\nallies became terribly frightened some renounced their knight-\\nhood and went for the Government but more ran into their holes\\nand hid. The Southrons became disgusted at their cowardly con-\\nduct, and have placed no confidence, or shown respect for them\\nsince but only let them do any dirty work that may aid their getting\\noff their bulrush bottom, freighted with human bondage, and bedeck-\\ned with all the insignia of royalty. The third, or governing order,\\nconsist of about forty. The leaders of the Rebellion are of them.\\nSo are Breckenridge, Bright, and probably Frank Pierce, Caleb\\nGushing, Fernando Wood, and brother, Vallandigham and others\\nin this country, and abroad.\\nBreckenridge stayed as long as he could at Washington, and\\ndriven from thence where did he go Their business is to paralyze\\nthe Government in the Free States. There are hosts of lesser lights\\nall round among us, that belong to the lower orders, who are not\\npermitted to enter the inner temple.\\nNow these disguised rebels can have no hope of compromising\\nthe South back into the Union after what Jeff. Davis and the Rich-\\nmond Inquirer have said. Hear it. Jeff. Davis in a speech at\\nRichmond, January last said He would rather combine with\\nhyenas than with the people of the North. And in a speech at\\nJackson, Mississippi, soon after That under no circumstances\\nwould he ever consent to re-union. And the Richmond Inquirer,\\nthe official organ, said recently On no terms whatever will the\\nSouth consent to political association with the North we would not\\nconsent to hold the Northern States as provinces. This then, is the\\nsolemn and deliberate declaration of the fixed purpose and wish ot\\nthe Rebels in arms, made by the President and official organ of their\\nRebel Government. Can we have any higher or better evidence of\\ntheir purpose to adhere to the scheme they have been thirty years\\nmaturing and getting ready\\nB2", "height": "4160", "width": "2560", "jp2-path": "formationofstate00park_0_0223.jp2"}, "224": {"fulltext": "210\\nHowever culpably slow our authorities may have been to take the\\nRebels at their word, our brave volunteer soldiers early understood\\ntheir purpose, and accepted the issue, Victory or Death and a\\nmillion by a common impulse of patriotic devotion resigned the com-\\nforts and duties of civil lite, and rallied around the Nation s Flag..\\nThey have understood all along that there was to be no compro-\\nmise that to conquer or be conquered was the fixed and unalterable\\nissue the South had made up, and tendered and they had accepted\\nit. And down to the present moment these noble Patriots that are\\ndaily baring their bosoms to the storm, to war, and death are con-\\njuring all at home, by all that is sacred and valuable in country,, in\\nkindred, in liberty, to stand firm, and the Victory will be outs.\\nCannot these soldiers judge bstter than the knights gallant at\\nhome, these traitors in disguise These are the greetings and assur-\\nances sent us by our noble bFothers without exception, from the\\ncamp, and battle-field. If further evidence be asked of our steady\\namd certain advance to Victory, hear the wail of the Richmond Whig\\nm a recent article beaded, Belt of Desolation/\\nDay by day the tract of the Destroyer becomes broader. Two-\\nthirds of Virginia, two-thirds of Tennessee, the coast of North and\\nSouth Carolina, part of Georgia, nearly all of Florida, Northern\\nMississippi, Western and Southern Louisiana, a great part of Ar-\\nkansas and Missouri have already been laid waste and every hour\\nbrings news of fresh destruction. The Belt of Desolation\\nwidens hourly nor is there much prospect of aus abatement of the\\nevil. Citizens complain of the Government, while in turn, the Gov-\\nernment complains of the citizens; and every day the enemy remains\\nin our territory will add to the width of the Belt of Desolation; and\\nthey who now fancy themselves safe, will soon discover their mistake.\\nAs the months wane, and the years roll on, the South unless\\nsomething can be done, will become in the language of scripture,,\\nthe abomination of Desolation/\\nThis gives us a good insight to the interior of Rebel dom. It tells\\nclearly they are getting huFt but their brother Knights among us,\\nsay it is too bad and gross violation of the Constitution. It\\nshows they are caving in that they are human and can be con-\\nquered, just as other bedevilled human beings during the last six\\nthousand years, have been whipped soundly, and made to behave\\nthemselves still the Knights gallant insist that this can never be\\ndone to the Southern Chivalry. I hope this evidence will dispel", "height": "4152", "width": "2580", "jp2-path": "formationofstate00park_0_0224.jp2"}, "225": {"fulltext": "211\\nnil doubts in loyal men s minds at least, as to what is to be the final\\nes alt of this conflict and that our cause is as certain to triumph\\nultimately, as Right is to triumph over Wrong, or Truth over Error.\\nBut how hold out the relatives and friends our brave soldiers, that\\nSiave gone to the field, have left at home? Do we not see parents\\nbending beneath the weight of years, that have sent their young and\\npromising sons, the pride, hope and joy of their declining years, to\\ndie if need be, for their country and still the countenances of these\\nparents are beaming with hope and that joy, which lofty patriotism\\nand conscious right alone can give The aged widow, cheerfully\\ntoiling on alone, having given up her noble sons to the cause, and\\nsighing only that she has no more to give The wives, the young\\nand anxious, and the middle-aged amidst their children, and\\nprattling infants, toiling on uncomplainingly consoled by the\\nthought that there is such a country to be saved^ and that they have\\ngiven their natural supporters, guardians and protectors their best\\ngifts with their strong arms and manly courage to help save it? The\\nloving and trusting sister, who has without a murmur, given up that\\nbrother whose society she so much enjoyed, and whose gallant and\\nmanly form she used to gaze upon with pride and delight? Nor do\\nthe tidings of the sacrifice of these loved ones at any time upon the\\naltar of their country, overwhelm them but the hope of a country,\\nand of rewards promised to all that shall continue faithful to the\\nend, still bears them in triumph onward So stands our brave\\nsoldiers in the field, and our loyal people at home and so stands\\nRebeldom.\\nBut lo this grand, solemn, steady and determined advance of the\\nloyal Armies in the field, and People at home, is marred and some-\\nwhat disturbed by Peace Patriots or Democrats, among us By\\nthe Knights Gallant and their few deluded followers. I am unable\\nto see that the leaders have at present any standing or place at all,\\neither North or South. The North has already ejected some of them\\ninto Rebeldom, which is making efforts to cast them back in order to\\navoid their personal proximity, and have them resume the part and\\nwork allotted for them to act in the Rebellion, when it commenced.\\nI shall not insult your understanding by offering additional evidence\\nor argument, to prove that these Leaders are Rebels, confederate\\nwith Jeff. Davis and Company, and aiming to accomplish under\\ndisguise, what cannot well be done openly. They are as much worse", "height": "4160", "width": "2588", "jp2-path": "formationofstate00park_0_0225.jp2"}, "226": {"fulltext": "212\\nthan Jeff. Davis, as the spy is worse than the open enemy and\\nwhile the laws of civilized Nations treat the one as prisoner of war\\nwhen captured, they hang the other as a Felon. They have professed\\nto be m favor of saving the Government when all their acts and\\nmeasures proposed if allowed to have effect, must inevitably destroy\\nit. To all the acts and conduct of the Rebels, and repeated state-\\nments of their head officers, generals and papers, that in no event\\nwhatever, will they consent to any compromise or re-union they\\nhave opposed what Why, no coercion, no Army, no Navy, no\\nWar but Peace and Compromise which is acknowledgment of\\ntheir Bogus Confederacy.\\nAnd still they have the brazen impudence to stay among us, and\\nsay they are for the Union as it was And still the Government\\ntolerates them and we have men among us who are at large, and\\nwithout legal guardians as yet, who adhere to, and follow these Lead-\\ners. This, to my mind, is the strangest thing in all the broad field of\\nthe Rebellion. The motives of the Leaders I can understand, but\\ntheir followers, now the guise and mask of their Leaders have be-\\ncome so transparent, is what astonishes me. I began and continue\\na Jacksonian Democrat, and cast my first vote for that old hero (in\\nMassachusetts where he was unpopular), and gave him my feeble\\nsupport when he vindicated the Government so triumphantly, by\\ndemolishing Calhoun and his nullification in 1833. I am now as I\\nwas then, though I did not vote for Mr. Lincoln for sustaining the\\nPresident by all the means in our power, and through him, our\\ntranscendantly wise and beneficent Government.\\nJuly, 1863.\\n[Letter to the Ironton (O:) Register.]\\nHON. REVERDY JOHNSON S LETTER TO THE NEW YORK\\nCOMMITTEE\u00e2\u0080\u0094 POLITICAL ARRESTS\u00e2\u0080\u0094 -THE FREEDOM\\nOF SPEECH AND THE PRESS.\\nI find going the rounds of some of the copperhead journals the\\nfollowing, with other extracts from the letter of Reverdy Johnson,\\nof Baltimore, to a committee in New York City, dated July 2d,\\n1863 the time when it was expected by the enemy that General", "height": "4160", "width": "2572", "jp2-path": "formationofstate00park_0_0226.jp2"}, "227": {"fulltext": "213\\nLee was to take Baltimore, Washington, and Philadelphia Governor\\nSeymour, Fernando Wood and Company, the city of New York;\\nand John Morgan and Company, the rest of the United States; viz\\nOur rulers should consider another subject. The public senti-\\nment respecting it is too strongly exhibited to be mistaken, To defy\\nit will be madness. Arrests on mere suspicion in the loyal States,\\nwhere the course of justice is unimpeached, must cease. Their very\\nsafety and the success of our arms demand this. And arrests for\\nalleged specific causes, of civilians not under military rule, must be\\ndisposed of as provided by the legislation of the last Congress.\\nWhatever differences of opinion as to the extent of the executive\\npower of the President, no one can doubt that it is within the scope\\nof the authority of the legislative department of the Government to\\npass the laws referred to. It is, of course, the duty of the President\\nto obey them. To disregard them himself, or to permit his subordi-\\nnates to do so, (as has been done,) is a clear violation of that duty.\\nEven if the power of Congress was questionable, a decent respect,\\nfor Congress, and for public opinion, requires that this conduct should\\nnot be repeated. Freedom of speech, and of the press, too, must\\nnot be abridged. This is provided for by an express constitutional\\nprovision, which it is an impeachable offense to disregard\\nI have not seen the entire letter but, in view of this and other\\nextracts that I have read, decrying the character of certain officers\\nin the army, and imputing to Mr. Lincoln partisan motives for\\nappointing and employing them, to the exclusion of others of differ-\\nent political views and also the lime, the occasion, and the charac-\\nters of the persons to whom the letter was addressed, and the facts\\nthat have since transpired in the city of New York no loyal man\\ncan hesitate where to place Reverdy Johnson. His high reputation\\nas a lawyer, his former employment by, and confidential relations\\nwith the Administration, made his opinion of great value to his cop-\\nperhead friends in New York, at that time. No one can doubt he\\nhad his part assigned in the great tragedy to be enacted about that\\ntime, any more than that Lee, Morgan, Seymour, Wood, Andrews,\\nVallandigham and Jeff. Davis had theirs. The signal failure lias\\nprobably admonished him to wrap close about him his loyal guise,\\nhoping to escape detection, and perhaps enjoy again the confidence\\nand patronage of the Administration. This facility of change is\\namong the chief merits of the Knights. Such men differ from", "height": "4156", "width": "2556", "jp2-path": "formationofstate00park_0_0227.jp2"}, "228": {"fulltext": "214\\nDavis and Lee, as the spy differs from the armed enemy. The sen-\\ntiment of the civilized world treats one as a prisoner of war when\\ncaptured, while it hangs the other as a felon.\\nMr. Johnson s charge against Mr. Lincoln is a grave one.\\nWhether true or false, it is our highest interest to know.\\nI will endeavor to demonstrate that Mr. Lincoln has full warrant\\nin, without going outside, the Constitution for every thing he has\\ndone, as well in his civil capacity, as President, as in his military, as\\nCommander-in-Chief of the Army and Navy of the United States.\\nThese are distinct capacities as distinct as though the powers per-\\ntaining to each were vested in separate individuals as for instance\\nin A. B., who acts as President, and discharges the civil duties\\napproving or vetoing the action of the two houses of Congress and\\nas sole executive of the civil side of our Government, discharges ali\\nthe duties appertaining to that side; and in C. D., as Commander-in-\\nChief of the Army and Navy of the United States, who administers\\nand directs the military side of our Government, which must of\\nnecessity be administered according to the laws of war, which are not\\nmunicipal, but public, or international for parties at war are always\\nalien to each other, in respect to the war at least, be these parties at\\nthe commencement distinct and independent Governments, or part of\\none and the same Government, as is the case in our present war.\\nIn case the belligerents are separate and independent Governments,\\nneither has the right to require of the other that the war shall be\\nconducted in conformity to the municipal law of either, but only in\\nconformity to international law, the public law by which all civilized\\nwarfare is conducted. Nor have the Rebels any more right to require\\nthe Federal Government to conduct the present war with any regard\\nto its municipal law, but only in conformity to the public law of\\nwar for by their Rebellion they have abjured the government, and\\nbecome completely alien, so far as the war is concerned so in effect\\nhas every person who has so far connected himself with the open\\nRebels, or their cause, as to become what the Constitution and\\npublic law of war regard a public enemy. Our own Constitution and\\ninternational law make the levying of war, or adhering to the enemy,\\ngiving him aid and comfort, the overt acts which constitute a public\\nenemy. Neither say anything about where the persons shall reside,\\nwhether within the lines of one or the other of the belligerents. Are\\nthey public enemies, within the definition before stated, is the question\\nto be ascertained. And if they are such, and not belonging to the", "height": "4160", "width": "2572", "jp2-path": "formationofstate00park_0_0228.jp2"}, "229": {"fulltext": "215\\norganized army, they become liable to be arrested by the civil or\\nmilitary power of the Government they are hostile to according to\\nthe necessities and exigencies of which, the assailed Government is\\nthe judge, to be guided by public law and if it violates this law, in\\nits decision, the injured party must seek redress through the Govern-\\nment he then adheres to, regardless of former relations.\\nHave Mr. Vallandigham and his confederates, by speech, writing\\nor other action, become, in the sense of the above definition, adher-\\nents to the rebel side, giving them aid and comfort If they have\\nnot, then they are in the right, as neither the Constitution nor public\\nlaw interfere with a person for opinion s sake, unless such opinion be\\nexpressed by word or action. Mr. Johnson, their apologist and de-\\nfender, contends that the Constitution expressly guarantees the free-\\ndom of speech and of the press to all living within its limit, regard-\\nless of the fact, whether such speech or writing be friendly or inimi-\\ncal, or the authors adherents to the Government, or the enemy.\\nThis construction would allow the enemy to send and quarter in our\\nmidst as many of its emissaries and adherents as it might choose, to\\nslander and traduce the Government, its officers, and cause, through\\nnewspapers and upoti the stump, without restraint and with entire\\nimpunity. This is too absurd to be believed for a moment by any\\nsane man; much less by so eminent a lawyer as Mr. Johnson. He\\nknows full well that it has uniformly been held by the Courts oi our\\nown and all civilized nations, that mental adherence to a power at\\nwar with our Government, and publicly advocating by speaking or\\nwriting under any guise or form, the enemy s cause, constitutes such\\nperson our public enemy, and gives to our authorities the unques-\\ntionable right to treat him as such, without regard to his antecedent\\nrelations, or present place of residence.\\nNow, why has not the war power of our Government as much\\nright to crush this public enemy, operating in our very midst, as one\\noperating beyond our lines Is a former member of my household,\\nthat has turned assassin, and, seeking my life, conceals himself in\\nmy bed-chamber, the better to effect his purpose, to be preferred to\\nthe bold highwayman, against whom are my strongly bolted doors,\\nand a watchful patrol? And what right have these self-constituted public\\nenemies in our midst to complain of the effectual action of the mili-\\ntary power upon them, and to claim a slow, and as they know, inef-\\nfectual trial by our civil courts, when their plottings and machinations", "height": "4160", "width": "2588", "jp2-path": "formationofstate00park_0_0229.jp2"}, "230": {"fulltext": "216\\ndemand as prompt and summary suppression, as other spies, found\\nwithin our lines It is preposterous.\\nBut the same eminent jurist contends that it would be madness\\nfor the military power of the Government to arrest, in the loyal\\nStates, upon mere suspicion, when the civil courts are open, and that\\nsuch must cease f and that arrests for alleged specific causes, of\\ncivilians not ttnder military rule, (by which he must mean not in the\\nregular service,) must be disposed of as provided by the legislation\\nof the last Congress, which it is the duty of the President to obey/\\nIt is the duty of the President, as the civil executive head of the\\nGovernment, to see such laws of Congress as are Constitutional,\\nfaithfully executed, and to obey them himself. But I deny that any\\nsuch legislation unless the established Articles of War, is absolutely\\nbinding upon him when acting in his military capacity as Command-\\ner-in-Chief of the Army and Navy, in the midst of the present civil\\nwar. It would be utterly impracticable for Congress, which meets\\nbut once a year, to foresee and provide for the great and sudden\\nchanges that are daily occurring in such a war. The Commander-in-\\nChief will of course be guided by any legislation of Congress, in\\nthe conduct of the war, as far as practicable but by following it\\nstrictly, regardless of the events daily occurring, would most likely\\nresult in defeat, the overthrow of the Government, and violation of\\nhis solemn oath\u00e2\u0080\u0094 which is to the best of his ability to preserve, pro-\\ntect and defend the Constitution of the United States and not that\\nhe shall do this according to the laws which Congress may see fit to\\npass but absolutely according to the best of his ability, which indeed\\nmakes him, as the head of the military power, absolute, subject only to\\nthe Articles of War, so far as the conduct of the war is concerned,\\nthough there are many limitations in other respects. The framers\\nmeant, doubtless, to apply this portion of the oath to him as Com-\\nmander-inChief of the Army and Navy, and the portion preceding,\\nviz I do solemnly swear (or affirm) to faithfully execute the office\\nof President, of the United States, was meant to apply to his civil\\nduties, in the discharge of which, I admit he is bound to conform to\\nthe legislation of Congress, when Constitutional. The provision that\\nconstitutes him the military head of the Nation is this The Pres-\\nident shall be the Commander-in-Chief of the Army and Navy of\\nthe United States, and of the militia of the several States, when\\ncalled into the actual service of the United States. There is this\\nfurther clause, also The President shall take care that the laws", "height": "4160", "width": "2572", "jp2-path": "formationofstate00park_0_0230.jp2"}, "231": {"fulltext": "217\\nare faithfully executed which means constitutional laws of Con-\\ngress throughout the entire nation, including the portion in rebellion\\nthus showing more clearly the high and important duties imposed on\\nhim\u00e2\u0080\u0094 and not unconstitutional laws which cripple, if not destroy, his\\nmilitary power, which is essential for discharging these high duties,\\nby removing all obstructions to the due execution of the civil law.\\nThere is this further provision in article i The privilege of the\\nwrit of habeas corpus shall not be suspended, unless when, in cases\\nof rebellion of invasion, the public safety may require it. Of course\\nthe framers intended to confide the decision of the question\u00e2\u0080\u0094 when\\nthe public safety may require its suspension, and the power of sus-\\npending the writ, to the President, acting as Commander-in Chief, as\\n?ieces$arily ificident to that office. The high and constant duty the\\nConstitution devolves on the President, as Commander-in-Chief, to\\nuphold the Constitution and laws during the recess of Congress, no\\nless than when that body is in session, necessitates that he should pos-\\nsess these powers, and if the framers had meant to confer the exclu-\\nsive power of deciding and suspending this writ on Congress, they\\nwould have said so.\\nThese are the high and essential powers the framers meant to con-\\nfer on the President, when acting in his capacity of Commander-in-\\nChief of the military power of the nation, and the forces necessary\\nto execute them. Nor have they failed to provide for supplying all\\nother necessary means. Article i, Section S, Clause 18, provides\\nthat Congress shall make all laws which shall be necessary and\\nproper for carrying into execution the foregoing powers, and all other\\npowers vested by this Constitution in the Government of the United\\nStates, or in any Department or Officer thereof. This obliges Congress\\nto sustain, by necessary and proper legislation, the President in the\\ndischarge of his high duties as Commander-in-Chief.\\nA careful survey of the foregoing provisions cannot fail to vindi-\\ncate the wise framers against the supreme folly imputed to them by\\nrebel sympathizers, that these framers, after having spent their whole\\nlives amidst foreign and domestic wars, and learned from experience\\nthe vicissitudes of Governments, they should have erected one with-\\nout lodging somewhere the power necessary for self preservation\\nand defence, both in time of peace, and war, whether foreign or do-\\nmestic. Every day s experience proves the body politic they framed\\nand bequeathed to us possesses self-adjusting powers, which How to\\nthe military head in exact proportion to the eminencv of the danger,\\n0,2", "height": "4160", "width": "2564", "jp2-path": "formationofstate00park_0_0231.jp2"}, "232": {"fulltext": "218\\nmaking that bead, if the other Departments do their duty, equal ijp\\nall emergencies, and more omnipotent in self-defence, s^lf-preserva-\\ntion, and public good, than any monarch of Europe while the mo-\\nment he attempts to use the power for evil, be is made to become,,\\ninvoluntarily, as weak and harmless as a child. As the storms rise\\nand press, he rises in power, until he becomes another naming;\\nsword, turning every way to guard this new tree of life f but as they*\\nsubside, he must also. How different it would be if obliged, as Mr..\\nJohnson thinks he is, to go before Congress once a year and get a-\\ncopy of its laws to govern his military operations during the ensuing,\\nyear 1\\nI hope I have succeeded in demonstrating that Mi. Lincoln has\\nwarrant within the Constitution for all he has done, without resorting;\\nto powers resulting ex necessitate ret, from the necessity of the case, out-\\nside of the instrument; that our wise Fathers foresaw the evils that\\nmust befall us* in eorrMnon with other nations,, and amply provided for\\nevery emergency that the President, in his military capacity as Com-\\nmander-in-Chief, is- clothed with the amplest powers for successfully\\nconducting foreign wars, and suppressing, rebellion and insurrection\\nat home;, that whoever, within the limits the Republic,, becomes in\\nthe sense of international law and the Constitution a public enemy,,\\nthat moment forfeits all part and lot in the Government he has turned\\ntraitor to, and to its protection, and is liable to be seized by the iron\\nhand of military power,, and. dealt with accordingly that he is liable\\nto be arrested- anywhere in the country on just suspicion, and his\\nguilt established or disproved before a court martial,, or in the civil\\ncourts-, as the military power, in view of the public exigency, shall\\ndetermine. Mr. Johnson doubtless bases his conclusion that free-\\ndom of speech and of the press cannot be Constitutionally abridged,,\\neither by the civil or military power of the Government, on this clause\\nin Article (of the amendments) viz Congress shall make no\\nlaw abridging the freedom of speech or of the press. This cannot\\nby any. possibility be construed to deny the military head the right of\\nabridging or suppressing both, in time of civil war r if the public\\nsafety requires it and his conclusion that military arrests on mere\\nsuspicion in the loyal States where the course of justice is unim-\\npeached must cease, and that arrests for alleged specific causes\\n(meaning acts of disloyalty of course; of civilians not under military,\\nrule must be disposed of agreeably to the legislation of Congress,\\nupon this clause of the Fifth Article, (amendment three,) viz: No", "height": "4152", "width": "2572", "jp2-path": "formationofstate00park_0_0232.jp2"}, "233": {"fulltext": "219\\npeTson shall be held to answer for a capital or otherwise infamous\\n\u00e2\u0080\u00a2crime, unless on presentation or indictment of a grand jury, except\\nin cases occurring in the land and naval forces, or in the militia when\\nin actual service in tinae of war or public danger.\\nIt is clear .the framers meant this provision should apply to the\\n\u00e2\u0096\u00a0civil and not to the military proceedings of the Government. And\\nthe inference that might at first sight seem to arise that the pro-\\nvision extends to all who are not embraced in the exception is con-\\ntrolled in this case by the unqualified right .given to the war power\\n.by the clause before quoted to suspend the writ of Habeas Corpus,\\n(which is the only process known to the law wliereby the civil can take\\nout of the hands of the military power any person arrested^) whenever\\nin case of rebellion or insurrection the public safety may require it.\\nThe war power, then, clearly has the right, on the before named exi-\\ngency occurring, to withdraw the privilege of this writ from all the\\npeople whether in or out of the military service, or from any portion\\nof them as the public safety in its judgment may require. This in\\neffect substitutes martial law for the civil and it is not to be pre-\\nsumed that the framers meant to give an absolute civil right without\\na corresponding civil remedy. Beside, the inherent necessities of\\ndomestic war, like the present rebellion, require it Traitors are\\neverywhere, in the Slave and Free States, co-operating in all forms to\\neffect a common end, the overthrow of the Government some in\\norganized armies, others in giving aid and comfort by fermenting\\nmobs, as recently in New York city, others in secretly furnishing pro-\\nvisions and munitions others, information others, like Vallandig-\\nham, Seymour, Wood and their like, too numerous to mention, are\\nlaboring with equal zeal by speaking and writing, and the use of\\nevery secret machination and appliance that treason can invent, in-\\ncluding the order of the Knights of the Golden Circle, in order\\nto detach the loyal army and people from and turn them against the\\nGovernment, and thereby help to accomplish its overthrow. And\\nstill Mr. Johnson would have Mr. Lincoln, the head of the military\\npower, and bound by -his oath before God, to the best of his ability,\\nto defend and uphold the Government, not by any line of conduct\\nCongress shall prescribe, but as his own judgment and oath bound\\nconscience shall direct commit all these confederate traitors in the\\nStates that have not passed the secession ordinance to the slow, fee-\\nble and uncertain action of the Civil Courts The same men who\\nclaim this to be Mr. Lincoln s duty, claim that all the Courts in the", "height": "4156", "width": "2572", "jp2-path": "formationofstate00park_0_0233.jp2"}, "234": {"fulltext": "220\\ncountry, State and Federal, have the right to. hear and discharge or*\\nwrit of habeas corpus every soldier in the army Concede this, and\\nwho doubts but that Judge Paddock and his like would fill the ah\\nwith their writs of habeas corpus, the army become paralyzed, and\\nthe soldiers when wanted to fight the enemy, would be where? Why,\\nattending court Such may find adherents among copperheads\\nand a slave besotted people, but none I trust among live and uncon-\\nditional loyal men, anywhere. The other clause in the Fifth Article\\nnor be deprived of life, liberty or property without due process of\\nlaw -Courts martial have their due process of law no less than\\ncivil courts and the clause applies equally to both. The Sixth Ar-\\nticle (amendment) applies in times of peace, and can have no appli-\\ncation to limit the military power in a time of rebellion like the pres-\\nent, which seeks the overthrow of the Government. No, the errors\\nof the Administration, if errors there are, consist in excess of len-\\niency, not severity -in not coming up to the line of Constitutional\\nright and duty, not in going beyond it. And if other copperhead\\nleaders had been seasonably arrested and dealt with, even with no\\nmore severity than Vallandigham, the New York riots would not\\nhave taken place. G. PARKER.\\nProctorsville, September 19, 1863.\\nThe editor of the Register made the following remarks in notic-\\ning the above letter\\nA CONSTITUTIONAL ARGUMENT.\\nEspecial attention is called to the article on our first page, from\\nthe pen of Mr. G. Parker, of Proctorsville, relative to arbitrary\\narrests, and the powers of the President in times of civil war. Cer-\\ntain disappointed, self-vaunted Constitutional lawyers hereabouts\\nhave been doing their utmost to mislead the people in relation to\\nthese matters and we are happy to be able to have them set forth\\nso correctly and ably, by a man fresh from among themselves, who\\nhas no animosities towards the Government on account of political\\ndisappointments and jealousies. We can add nothing to the argu-\\nment of Mr. Parker, but advise all our readers to give it an atten-\\ntive perusal. t", "height": "4160", "width": "2572", "jp2-path": "formationofstate00park_0_0234.jp2"}, "235": {"fulltext": "221\\n[Letter to the Ironton Register, October S. 1863.]\\nTHE LOYAL PEOPLE OF WEST VIRGINIA TO THEIR\\nFRIENDS IN OHIO.\\nFriends and Fellow Citizens The importance we attach to\\nyour approaching election, and the vast influence its results will be\\nlikely to exert upon yourselves and us, the country, and through that,\\nupon civil and religious liberty throughout the world, is our reason\\nfor asking your attention at this time.\\nYou, being of the elder and stronger offspring of a common moth-\\ner, whose past glory is equaled, in degree, only by her present self-\\nabasement, while we approach with respect, it is with the confidence\\nand lively interest a common origin and common destiny naturally\\ninspire.\\nWe are in the midst of the greatest rebellion the world has ever\\nwitnessed. The loyalty of West Virginia, you all know, has already\\npassed through terrible ordeals, and expects and is prepared to pass\\nthrough more. Meanwhile, true loyalty in Ohio has watched and\\nguided our infant steps with more than a sister s care and sympathy;\\nand seconded by that of the country, who have regarded our efforts,\\nthough comparatively small, as the first signs of recuperative loyalty\\nand life in a rebellious and paralyzed member; and by the world, as\\nthe re-illummation of liberty s last hope on earth that the young\\nRepublican Nation was to purge itself, and not prematurely die.\\nIt has become your turn now to pass through a somewhat similar\\nordeal, but with results vastly more important, as it is to solve, in no\\nsmall degree, man s capacity for self-government We have gained\\nexperience which you lack. We have wrestled with the archfiend in\\nhis own den, where he has unmasked and appeared himself. You,\\nas yet, have seen him comparatively but in blandishments and smiles.\\nHe now appears before you in the guise and dress of Democracy,\\nwhose name and principles, he well knows, a Jackson, Douglas, and\\nother apostles of liberty, have enshrined in our hearts; and promises\\nconciliation and peace with the very enemy for whom the great Jack-\\nson prescribed powder, lead and hemp, as the only effectual remedy.\\nHe at first appeared before us in the form and dress of States\\nRights, State Pride, and promised us a most glorious and happy\\nfuture, if we would follow him. Behold how many were seduced, be-", "height": "4160", "width": "2564", "jp2-path": "formationofstate00park_0_0235.jp2"}, "236": {"fulltext": "-222\\n\u00e2\u0096\u00a0trayed, and ruined The wail of his victims, famishing and repent-\\nant, already come to us from .every part of iiis ruined abodes. Be-\\nhold his ragged, lousy and God-forsaken soldiers, as they come, as\\nprisoners or deserters, within our lines, and listen to the story of\\ntheir sufferings. Listen, we beseech you, to the letters, the entrea-\\nties, of your own sons and brothers, as they daily come to you from\\nthe glorious band of heroes who are bearding the monster in his den.\\nDo they not, to a man, tell you that the issue is unalterably made up\\nbetween them and the arch-enemy, and that it is, to conquer, or be\\nconquered and which they accept; and if the friends at home but\\nstand firm, united and true, the victory is certain. And do they not\\ntell you that conciliation and compromise are entirely out of the\\nquestion. Will you disregard their voice, who are bone of your\\nbone, and who are daily baring their bosoms to the storm, and\\npouring out their generous blood like water, and follow Valland-\\nigham Co., whose acts and confessions, and the admission of ev-\\nery rebel journal, have shown to the satisfaction of all minds, that\\nthey are but confederate co-workers with the archfiend himself,\\nwhose only remaining hope is to divide the people of the Free States\\nEvery just sentiment of our nature, the spirits of the great Founders\\nof the Republic, the spirits of the recent heroic dead, oppressed hu-\\nmanity everywhere, and God himself all watching our every thought\\nand action in this great ^crisis forbid it\\nBehold the vaunting enemy, that in the beginning claimed that one\\nof his chivalry could whip Jim of the mud-sills in equal combat\\ninstead of invading the Free States, daily contracting his lines at\\nhome before our victorious armies, and seeking to accomplish his\\nhellish purpose through confederate co-workers in the Free States\\nBehold the enemy, that at first vaunted his superior humanity, now\\nplundering unarmed citizens of everything, even to dirty shirts and\\nbaby clothes, to relieve his destitute and famishing followers and their\\nchildren! Behold him who in the commencement claimed, through\\nKing Cotton, to have the nations of Europe paying him homage\\nnow a cringing supplicant at every despot s feet, offering to give up\\nhis kingdom and ruined people for a bare recognition\\nRemember, moreover, we beseech you, that the land we have been\\naccustomed; derisively, to call sacred, has now become so indeed,\\nby the graves of those we loved. And shall the soil which holds their\\ncherished forms, and has become fattened with their precious blood,\\npass forever to the desolating rule of this arch-enemy, who will dese-", "height": "4160", "width": "2572", "jp2-path": "formationofstate00park_0_0236.jp2"}, "237": {"fulltext": "229\\ncrate their graves,, and mock and jeer,- as has been his savage custom-,-\\nover their sacred relics God, nature, and country forbid it\\nBut now the charms and exciting novelty of the war have passed,\\nthere are those who incline to listen to the copperhead s pleasing\\nsong of Denrocracy and promises of peace Did sot the same arch-\\nenemy make the like pleasing promises to our first parents in the\\ngarden? to our Saviour on the mount? to his present victims,\\nwhose wails already firr our land But how do they propose to ac-\\ncomplish this purpose Why, by withdrawing and disbanding our\\narmies and then, they say, Jeff. I avis Co.- will at once lay down\\ntheir arms, and come back into the Union, prepared to behave them-\\nselves What folly As well might the crew of a boat,, when neap-\\ning the suction of Niagara Falls, expect deliverance by laying down\\ntheir oars and folding their arms L\\nThe proud State of Ohio,, hitherto so peerless among a glorious-\\nsisterhood voting for a convicted and banished traitor for her Gov-\\nernor This State, that has one hundred and fifteen thousand of her\\nnoble sons in the loyal army, who, to a man, will vote against the\\ntraitor, and; who are warning and entreating their fatness and brothers*\\nat home to shun him as their deadliest enemy and still, it is believed,,\\nsome of these fathers and brothers will vote for Vallandigham I\\nWhat inconsistency A father sending his son to meet and fight a\u00c2\u00bb\\nprofessed enemy, and then himself opening fire on- that son from the rear!-\\nPosterity will never credit,, but will believe,, as we- and all truly loyal\\nmen must now,, that such- a father loved his country s enemy far more-\\nthan his own loyal son-! That Heaven may avert so sad a spectacle-\\nis our fervent prayer; and that every Ohioan may stand up, in this\\ngreat crisis, to duty, to his country, humanity,- and God and if there-\\nshall be others,, then\u00e2\u0080\u0094\\n,v Who would be a traitor knave\\nWho would fill a coward s grave\\nWho so base as be a slave\\nLet HIM TURN M D FLEE\\nWEST VIRGINIA.\\nThe election in Ohio took place the 13th of October. The Water-\\nloo defeat of Vallandigham and his party, throughout the State, is-\\nknown. Vallandigham was defeated by over 100,000 majority,,", "height": "4160", "width": "2572", "jp2-path": "formationofstate00park_0_0237.jp2"}, "238": {"fulltext": "224\\nwhen the year preceding, the Democrats carried the State. The vote\\nof Lawrence county was 3,095 for Brough, and 863 for Valla ndig-\\nham. Included, was the vote of the soldiers from Lawrence county,\\nmembers of various regiments stationed at different points. Their\\nvote was 827 for Brough, and 7 for Vallandighaivi. The vote in\\nUnion township was 238 for Brough, and none for Vallandigham.\\nNo other township having done as well, she was regarded as the\\nbanner township of the State, and on the day of November fol-\\nlowing was presented with a beautiful Flag, bearing this motto All\\nhail the township where treason finds no resting place.\\nA Commission, comprised of gentlemen of Ironton, viz Dr. B. F.\\nGorey, John Campbell, H. S. Neal, Adjutant Gillen, S. G. John-\\nston, C. T. McKnight, and J. Veasey, met the Trustees, a Commit-\\ntee with Charles Wilgus, Esq., as its Chairman, and the citizens\\not the township and surrounding country assembled, and organized:\\nwith Col. A. C. Kouns in the Chair and their Chairman,. Dr.\\nCorey, presented the Flag, with an eloquent and complimentary\\nspeech to which, by kind invitation of the Trustees and Committee,.\\nI had the honor to* submit the following remarks in reply\\nMr. Chairman, and Gentlemen In behalf of the Trustees,\\nCommittee and citizens of Union Township, I tender to you, and\\nthrough you, to the donors generally, our profound thanks for the\\ngift this beautiful Emblem of our Country. It is not the elegant\\nand costly material of which it is composed,, nor the delicate taste\\nand skill displayed in the workmanship both indeed admirable but\\nthe high merit you have been pleased to ascribe to us in the motto:\\nAll hail the Township where Treason finds no resting place, that\\nawakens in us feelings of gratitude and honest pride. To have per-\\nformed a work, at once so consonant with our own feelings and sense\\nof duty, and so approved by a people as patriotic and appreciative\\nas the citizens of Ironton is gratifying indeed. Nor is this the first\\nevidence of the kind regards of your People. For the last two\\nyears, ever since the war began, their strong arms, together with those\\nof brave and patriotic men from adjoining townships have been\\nseasonably and repeatedly extended, to shield us from every threaten-\\ned danger. For this too, we would tender to you and to them all r\\nour grateful acknowledgments.", "height": "4160", "width": "2572", "jp2-path": "formationofstate00park_0_0238.jp2"}, "239": {"fulltext": "We cannot think it is any peculiar merit of ou r own that elicits the\\npresent gift. True, we were fully aroused to the transcendant im-\\nportance of the issue in the recent election, and that the eyes of the\\nworld were upon the People of Ohio still we feel we only did our\\nduty, and that our fellow citizens elsewhere, would have done as\\nwell, had they been situated, and witnessed what we have. In com-\\nmon with many others, we live upon a border that becomes a line of\\nblood, if the Rebellion should succeed and in addition to this cir-\\ncumstance we have had experiences which others have not, We\\nwere aroused on that quiet Sunday evening (November 10, 1S61) by\\nthe murderous yells of Clarkson s and Jenkin s Raiders, by the\\nshrieks of butchered Loyalists, and the din of battle. We witnessed\\nthe retaliatory burning the next day. A year ago we confronted for\\nsix weeks the left wing of the rebel Loring s army, stretching through\\nGuyandotte, to the mouth of Sandy and for one week of the time,\\nguarded 12,000 bushels of oats which the Government wished kept\\nsafely, and so moored at our bank at Proctorsville and during the\\nsix weeks there was only a loot of water on the bar or ford of the\\nriver, that separated us from the enemy, then in great need of oats,\\nas well as other things, we had in abundance, on our side of the\\nriver. To- have thus seen and felt what we have of the Rebellion,\\nand not to have voted to a man against Vallandigham, would have\\nbeen extraordinary indeed\\nYes ^it was our proximity to, and practical knowledge of the\\nmonster, that made our vote imanimom against one of his sneaking\\nand whining whelps\\nYou gentlemen, by presenting this token to us, attest your high re-\\ngard for unwavering fidelity, everywhere, and under all eireu/u stances\\nto Duty, to Country, and Truth! And in this sentiment the People\\nof Union Township, join you with one accord.\\nGentlemen, I need not remind you that our People have been\\nequally responsive to Duty, in promptly furnishing her quotas of\\nSoldiers to the Army. Her chosen sons have mingled with nearly\\nevery corps of the loyal army since the war commenced and have\\nparticipated with untarnished honor, and signal courage, in many\\na well fought field and some, alas have attested their devotion to\\nthis sacred Emblem, by yielding up their lives. These, gentlemen,\\nwith the ever cherished and honored memories of her heroic dead,\\nwill constitute her jewels\\n1)2", "height": "4160", "width": "2572", "jp2-path": "formationofstate00park_0_0239.jp2"}, "240": {"fulltext": "226\\nWe observe with peculiar pleasure, that you have given to West\\nVirginia, the youngest born, the child of the storm/ which the ene-\\nmy disowns her star in the Nation s Galaxy. Its brightness may-\\nshe never lesson, but continue to* add to it, new lustre.\\nAssuring you, gentlemen, that we fully appreciate the vail ue and\\nsacredness of the trust committed to our charge we will guard; and\\npreserve it unsullied, and transmit it, together with.- its histoiry and a\\nsimilar injunction to our children.\\nSeveral gentlemen, among them Major Davidson^ of Buriiogtom,-\\nwho was at home on. furlough, Hon, H. S: Neal, and Rev. Mr.\\nDillon contributed much to edify, encourage and amuse the\\nassembly while the bountiful tables prepared by the daughters of\\nthe Banner Township were, in all respects, in. keeping with the valor:\\nand patriotism- of her sons*\\nThe progress made by our army under Generals Grant, Shisr-\\nman, and Sheridan, towards crushing the Rebellion, destroyed 1 the\\nlast hope of the Rebels, unless they could divide the loyal people at?\\nthe approaching Presidential election, and thereby get control of the\\nloyal government. In- concert with their friends in France, England,\\nCanada., and in the loyal States, they arranged for the Chicago Con-\\nvention, (to be held on the 4th of July, but subsequently postponed\\nto the 29th of August,, in order to avail themselves of intervening\\nevents,} formed the platform it adopted, and fixed on the candidates\\nfor President and Vice President that it nominated.\\nIt was, indeed,, an alarming crisis. The Rebel leaders, through\\ntheir sympathizing friends, headed by Vallandigham, strained every\\nnerve, and employed every means that desperation and the worst\\npassions of our nature could suggest while then armies appeared\\nto be holding ours, at a deadlock.\\nThe first marked defection to the proceedings of the Baltimore\\nUnion Convention, its re-nomination of Mr. Lincoln and his policy,\\nappeared among prominent political leaders of our party. Secreta-\\nries Seward and Chase, Senator Wade, Horace Greeley, Henry\\nWinter Davis, John C. Fremont, and some others, who I think,\\nhad been equally original Abolitionists. The cause assigned, and", "height": "4160", "width": "2572", "jp2-path": "formationofstate00park_0_0240.jp2"}, "241": {"fulltext": "227\\ndoings of each, are matters of history. The popular strength of\\nMr. Lincoln, shown by the State elections that occurred soon after,\\nand the success of our arms, wheeled them back into line, before the\\nday of election came, the 8th of November and in season, fortu-\\nnately- for them to give the Union ticket their aid and influence. It\\nsignally showed however, the littleness of individuals, of whatever\\nanticedents, when opposing the popular current in a crisis like\\nthat, under our Institutions, Fidelity to truth, requires me to say,\\nthat in my judgment, the conduct of the war theretofore, furnished\\nmuch to justify defection in the most patriotic minds. And still,\\nMr, Lincoln s entire honesty, which none disputed, his sympathetic\\nnature, earnestness, and simplicity of manners, had endeared him to\\nthe people, as no other. His seeming mistakes and short comings,\\nhad but allied him the closer, making sure that he was one of them,\\nand the fittest person to be the leader in such a storm. The simple\\nanecdote he told of the Irishman s advice not to swap horses while\\ncrossing the river, went home to the popular heart.\\nAs touching the Chicago Convention, its platform and candidates,\\nI published the following, remarks in the Wheeling Intelligencer\\n[Letter to the Intelligencer, September 6, 1864.]\\nTHE CHICAGO PLATFORM OF 1864 WHAT IT IS,\\nWe have read it carefully, and taken in connection with the known\\n^characters and sentiments of its makers and their cotemporaneous\\nacts all being legitimate aids .to a true interpretation it is nothing-\\nmore nor less than the Rebel heresy, a Constitutional right of Se-\\ncession.\\nResolution First expresses an unswerving adherence to the Union\\nas a framework of government equally conducive to the welfare and\\nprosperity of all the States, Northern and Southern/ Now this we\\nagree to, provided it be such a Union as our Fathers intended, viz\\nA Union of all the people of the United States in one Government\\nto the extent of the powers granted by the National Constitution to\\npur National Government and not a mere confederation or compact\\nbetween the several States as independent sovereign powers. Now\\nv", "height": "4160", "width": "2572", "jp2-path": "formationofstate00park_0_0241.jp2"}, "242": {"fulltext": "228\\nit is this latter union that is contemplated in this resolution, as is\\nmanifest from what follows.\\nResolution Second declares that it is not only the sense of the\\nConvention, but the sense of the American People, (a pretty bold\\nassumption,) that by the war so far, the Constitution itself has been\\ndisregarded in every part, and that immediate efforts should be made\\nfor a cessation of hostilities, with a view to an ultimate Conven-\\ntion of all the States-\u00e2\u0080\u0094 (pot the people of the States or other\\npeaceable means to the end that at the earliest practicable moment\\nPeace may be restored on the basis of the Federal Union of these\\nStates. Now if they had said on the basis of a new Federal or\\nConfederate Union of the States they would have expressed their\\nexact meaning and wish, viz that our armies should at once be\\nwithdrawn, which would be a virtual acknowledgment of the South-\\nern Confederacy by our Government, to be immediately followed\\nby acknowledgment by other powers, and then the offer on our part\\nof such terms as should induce the seceded States to enter into a\\nTreaty or League similar to the Articles of Confederation. But let\\nus examine further\\nJn Resolution Third they declare the direct interference of the\\nmilitary authorities of the United States in the elections held in\\nMaryland, Kentucky, Missouri and Delaware shameful violations of\\nthe Constitution, and that a repetition will be resisted by force. Now\\nit is well known that the only interference of the military in elections\\nheld in these States has been at the express request of loyal voters\\nand the Executives of these States to protect them from the violence\\nof open and armed rebels. And this they pronounce to be such a\\nshameful violation of the Constitution as will justify resistance by\\nall the means and power under their control.\\nIn Resolution Fourth they expressly declare the aim and object of\\ntheir party to be to preserve the Federal Union and the Rights of\\nthe States unimpaired that is the Rights of the sovereign and in-\\ndependent States united only by a league or confederation from\\nwhich each will haye the right to secede at pleasure and with that\\nview they proceed to declare the acts of the administration usurpa-\\ntions of extraordinary and dangerous powers not granted by the Con-\\nstitution. And instance the exercise of military power within the\\nlimits of States not in insurrection by arresting, trying, sentencing\\nand imprisoning American citizens in States where civil law exists in", "height": "4160", "width": "2572", "jp2-path": "formationofstate00park_0_0242.jp2"}, "243": {"fulltext": "229\\nfull force the suppression of freedom of speech and the press the\\ndenial of an asylum the open, avowed disregard of State Rights^\\nand denial of the right of the people to bear arms. These they re-\\ngard as calculated to prevent a restoration of the Union and the\\nperpetuation of the Government, deriving its powers from the con-\\nsent o.f the governed. This of course refers to the arrest of Val-\\nlandigham and other Knights of the Golden Gircle, American\\nKnights, and Sons of Liberty, who reside and work for the South-\\nern Confederacy in the loyal States, because they can effect more\\n.here than elsewhere, and at the same time keep out of the reach of\\nFederal bullets, and, as they contend they have the right, without\\ninterference or molestation from the general Government.\\nBut it cannot be supposed for a moment that men of their intelli-\\ngence would deny the same power in the Government to stop Jeff.\\nDavis co-workers and confederates while working in Ohio or Indi-\\nana, as it has those working in Virginia or Georgia. The only differ-\\nence is, the former are far more dangerous to the Government, for\\nthey act secretly and under disguise. It can therefore be reconciled\\nonly with their theory that the States are sovereign and independent,\\nand the armies of the National Government have no authority in any\\ncase to invade the soil of a sovereign State, and in this view they are\\nprobably right in saying that the interference of the Government in\\narresting the Knights and seizing their arms and ammunition has\\ndelayed and helped to prevent the Government of Washington be-\\ning converted into a mere confederation of thirty-five independent\\nStates, all at war with each other.\\nIn Resolution Fifth, they denounce the Administration for disre-\\ngarding our soldiers now languishing in rebel prisons. While we\\nbelieve the loyal people generally think the Administration has not\\ndone all it might to relieve these sufferers, we cannot but observe\\nwith what ill grace the complaint comes from these men to Mr. Lin-\\ncoln s Administration. He can do nothing but retaliate upon the\\nrebel prisoners in our hands, and this the Knights most vehemently\\ncondemn. They even go so far as to admit these rebel prisoners\\ninto their Orders of Knighthood, 400 from one prison. Certainly,\\nthe Knights would not suffer any retaliation to be practiced on them.\\nThe members of that Convention would have attested their sincerity\\nfar better if they had addressed their complaints to their confeder-\\nates at Richmond, who alone have the power to give immediate and\\ndirect relief.", "height": "4160", "width": "2572", "jp2-path": "formationofstate00park_0_0243.jp2"}, "244": {"fulltext": "230\\nIn the Sixth and last Resolution, they profess to extend their sym-\\npathy and regards to our soldiers in the field, assuring them that if\\ntheir party can only get the control of the government, they shall be\\nvery kindly treated. Their chance of getting this control is too re-\\nmote to influence any one and their past conduct toward these\\nsoldiers who have volunteered to fight, suffer, and die in aid of what\\nttfie Convention is pleased to call an administrative usurpation of\\n.extraordinary and dangerous powers, not granted by the Constitu-\\ntion, will not be likely to be soon forgotten. General McClellan\\nvolunteered for and fought for the same alleged usurpation.\\nMr. Long of unenviable notoriety thinking doubtless, the cat\\nto be too much concealed by meal, moved to amend the first resolu-\\ntion by adding the famous Resolutions of 98, which is the univer-\\nsally acknowledged foundation and authority upon, and out of which\\n\u00e2\u0096\u00a0Calhoun and his followers constructed their entire secession doc-\\n,lrine. Mr. Long desired to give the text as well as the commentary.\\nMr. Cox seeing that this would wipe off the meal which they had\\nworked ingeniously to put upon the cat, applied the gag by moving\\nithe previous question.\\nMore daring and impious than all was the resolution offered by\\nMr. Lawrence, of Rhode Island, to the memory of the lamented\\nDouglas, stating that their devotion to his memory was the cause of\\nthe Convention being held in Chicago. And that the helief that had\\nhe survived he would long since have restored the power of the\\nFederal Compact. He certainly could not have forgotten that\\nMr. Douglas always regarded our present as a Federal or JVaJional\\nGovernment and always spoke of and treated it as such. The term\\nFederal Compact belongs exclusively to the Calhoun and Jeff.\\nDavis school. If the great statesman and patriot whose last words\\n(after the firing upon Sumter) were, There can be but two parties,\\nopen friends to the Government and traitors, had been living, does\\n.any one believe such a Convention would have been held in Chicago?\\nNow arttully disguised treason concocts its schemes with impunity in\\nsight of his grave! And if further or higher evidence were wanting\\nof Mr. Lincoln s too great leniency and moderation in the exercise\\nof the powers confided to him, the holding of such a Convention\\nunmolested, certainly supplies it. And if George B. McClellan,\\nof whom we once had a very good opinion, covets the fate of Ben-\\nedict Arnold, he will secure it by accepting the nomination.\\nNeither the prestige of his name nor that of the Democratic party", "height": "4160", "width": "2572", "jp2-path": "formationofstate00park_0_0244.jp2"}, "245": {"fulltext": "231\\ncan rescue from obloquy and execration a political heresy that has\\nhad so much to do in inaugurating and continuing the present rebel-\\nlion. It will sink them and whatever else touches it, to the bottom\\nof its own loathsome pit.\\nLoyal State of West Virginia,.\\nWhich has the singular honor and gratification of having been ignor-\\ned by this Convention.\\nP. S. We see the New York Herald and its like are laboring to\\nfix the impression that Vallandigham, the Woods, and other known\\nKnights had no influence in framing the platform. It is such an one\\nas Jeff. Davis will accept without the dot of an i or crossing a t\\nthen why not suit his employees It concedes the right of seces-\\nsion, which is all Davis ever asked. By cessation of hostilities we\\nyield all. They mean an unconditional surrender on our part noth-\\ning less, and a change of our National Government to a mere con-\\nfederation of sovereign, independent States, with a right in each to\\nsecede at pleasure. It was upon this theory the Convention ignored\\nthe State of West Virginia, to wit Because f he ordinance of seces-\\nsion passed at Richmond legally transferred in their view the entire\\nState from the National Union to the Southern Confederacy and to\\nhave erected a new State we should have got the consent of the\\nLegislature and Congress sitting at Richmond. They ignored or re-\\njected the delegates from Louisiana and other States where secession\\nordinances had been passed solely on the ground that they regarded\\nthese ordinances as legal and valid. The theory and purpose we\\nhave ascribed to them, reconcile all their acts and doings, and wipe-\\nthe meal from their cat. No other will.", "height": "4160", "width": "2572", "jp2-path": "formationofstate00park_0_0245.jp2"}, "246": {"fulltext": "232\\nLetter t o the Intelligencer, September 9, 1864.]\\nTHE CHICAGO PLATFORM OF 1864\u00e2\u0080\u0094 FURTHER EVI-\\nDENCE THAT THE PLATFORM MEANS JUST WHAT\\nWE STATED IN OUR FORMER COMMUNICATION, A\\nRIGHT IN THE STATES TO SECEDE AT PLEASURE\u00e2\u0080\u0094\\nWITH GEN. JACKSON S VIEWS UPON THE SUBJECT.\\nNo one who has read the proceedings of this Convention can\\ndoubt but that Vallandigham was its master spirit, though studious-\\nly kept out of sight, around and to whom all revolved and conformed\\ntheir views. He stated before going into the Convention he would\\nhave a peace or unconditional surrender platform,- or he would have\\nnone. He* was first as the leading man on the committee to frame\\nit. A disagreement was expected by the public, and no one\\nattributes the want of disagreement to any surrender or yielding of\\nVallandigham 1 0$ his known satellites. It mav be affirmed then,\\nthat the platform is meant to conform to his views, whatever may be\\nits outward guise, else would he have acquiesced in silence Nay,\\nmore, would he have given it his express sanction by moving that\\nthe nomination of McClellan be declared unanimous None can\\ndoubt on this point. Now what are his views on the great political\\nheresy of Secession, that has caused already so great a sacrifice of\\nblood and treasure\\nIn his speech in Congress February 20, 1861, he said: It is vain\\nto tell me States cannot secede\u00e2\u0080\u0094 seven States have seceded. In three\\nmonths their agents and commissioners will return from Europe with\\nthe recognition of Great Britain and France, and of the other pow-\\ners of the Continent. Record, page 76.\\nAgain Secession has-been tried, and has proved a speedy and\\nterrible success. The practicability of doing it and the way to do it-\\nhave been established. Record, page 87.-\\nAgain If any one or more of the States of this Unions should\\nsecede for reason of the sufficiency of which before God and the\\ngreat tribunal of history alone 7iiay jiidge-^xi\\\\x\\\\o as I should\\ndeplore it\u00e2\u0080\u0094 I never would, as a Representative in the Congress of\\nthe United- States, vote one dollar of money whereby one drop of\\nAmerican blood should- be shed in civil war. Record, page 91.", "height": "4156", "width": "2572", "jp2-path": "formationofstate00park_0_0246.jp2"}, "247": {"fulltext": "233\\nAgain There is not a man in the House fit to be a Representa-\\ntive here who does not know that the South cannot be forced to\\nyield obedience to your laws and authority again.\\nAgain Accordingly I have not voted for any army or navy bill,\\nnor any army or navy appropriation bill, since the meeting of Con-\\ngress on the 4th of July, 186 r. Record, page 147.\\nAgain Stop fighting, make an armistice ?w formal treaty\\nwithdraw your armies from the seceded States, recall your fleets, break\\nup your blockades. Record, page 200.\\nAnd what then, but to abandon the Union altogether, or reunite\\non such terms as Jeff. Davis Co. should be pleased to propose\\nThese were Vallandigham s views in 1861, and we know they\\nare the same now. He has preserved his consistency, and has em-\\nbodied the same views in the Chicago platform. Horatio Seymour,\\nand the Woods, who raised the mobs in New York just at the fearful\\ncrisis of Gettysburg; and Marshal Kane, who headed the mob that\\nmade the first resistance on behalf of Jeff. Davis and the independ-\\nent sovereignty of States, to the Federal army in the streets of Bal-\\ntimore, were the next prominent members in this Convention and\\nthey also continue unchanged in their views.\\nCompare the views of this Convention, which professes to repre-\\nsent the Democratic party, with the views of General Jackson, the\\nfounder of that party, expressed in his memorable proclamation\\nissued against Calhoun and nullification in 1832, and none can\\ndoubt but that the members of the Convention have stolen the livery\\nof Heaven to serve the Devil under. I consider, says the old\\nhero and patriot, a power to annul a law of the United States, as-\\nsumed by one State to be incompatible with the existence of the\\nUnion, contradicted expressly by the letter of the Constitution, un-\\nauthorized by its spirit, inconsistent with every principle on which it\\nis founded, and destructive of the first object for which it was\\nformed.\\nAgain To say that any State may at pleasure secede from the\\nUnion is to say that the United States is not a Nation because it\\nwould be a solecism to contend that any part of a Nation might dis-\\nsolve its connection with the other parts to their injury and ruin,\\nwithout committing an offense.\\nIn speaking of the right and duty of the other States to use force\\nE2", "height": "4160", "width": "2572", "jp2-path": "formationofstate00park_0_0247.jp2"}, "248": {"fulltext": "234\\nto crush every attempt at secession, be makes use of this language:\\nEvery one must see that the other States in self defense musi oppose\\nit at all hazards\\nWe would recommend a careful perusal of this proclamation and\\nhis message of January 17th, 1833, to this new Jeff. Davis school of\\nDemocracy.\\nLo^ kl State of West Virginia,\\nWhich has the singular honor and gratification to have been ignored\\nby this Convention.\\nWells burg.,, W. Ya\\n[Letter to the Intel! gerrcer, September 12, 1864.\\nTHE CHICAGO PLATFORM OF 1864 AN UNCONDITION-\\nAL ADOPTION OF IT BY GEORGE B. McCLELLAN.\\nSo another cat, hitherto the most wily of them all, in wearing the\\ndisguise, stands revealed to all in his true character. He has adopted\\nthe secession platform in each and every part. It is vain to suppose\\nthat he really means by the sweet sounding generalities and frequent\\nprofessions of devotion to the national government and other stale\\nand threadbare expressions of bunkum, contained in his letter of ac-\\nceptance that he intends or desires to change it. Me no where inti-\\nmates such a tuish. But in the summing up paragraph and the clos-\\ning, except the expression of his realization of the responsibilities\\nthat await him, if elected, and his appeal to the Ruler of the universe\\nto help him a very remote contingency for Divine help he uses\\nthis language Believing that the views I have expressed are those,\\nof the Convention 7 (to- wit Vallandigham, Wood, Seymour, Mar-\\nshal Kane, Pendleton, Cox, Voorhees and Company) -and the\\npeople you represent (that is, all armed rebels and their aiders and\\nsympathizers in this country and in Europe,) I accept the nomina-\\ntion. The Committee presented him the platform with the notice of\\nnomination, so of course he had just read that, and must have known\\nit to be the embodiment of the views of the Convention. We observe\\non the same day he was waited on by August Belmonte, (a name that\\nsmacks of dignities and titles; who is the agent of the Rothschilds\\nand Louis Napoleon in this country, and charged with accomplishing", "height": "4160", "width": "2572", "jp2-path": "formationofstate00park_0_0248.jp2"}, "249": {"fulltext": "235\\nwith their money, what the rebels have failed to do by arms. Dean\\nRichmond, his (Belmont s) chief of staff, and a Peter Caggar, who\\nif the one we once knew, cheats the Penitentiary, if not a worse\\nplace, out of its dues every hour he is at large. There is no safer\\nrule, especially in these times, than to judge men by the company\\nthey keep.\\nThis is the denouement of little Mac, so long suspected by\\nhis countrymen. It establishes the truth of reports of his repeated\\nIntercourse with rebel leaders before and since the war commenced,\\nas well as a complete justification to the administration for laying\\nhim on the shelf.\\nAnd this is the Democratic party of 1864, its platform and candi-\\ndates McClellan and Pendleton, who has been the open and\\navowed c -worker with Vallandigham in the service of the Rebellion\\nsince it began.\\nSuppose the old hero and patriot who founded the party should\\nwake and come forth from the Hermitage, would he not exclaim, with\\nall the energy and patriotic indignation which used to characterize\\nhim when traitors menaced the Government, Ye have made my\\nhouse a den of Traitors, and by the great Eternal if you don t leave\\nthe country I ll hang you as high as Haman! Aye, he would do it,\\ntoo, and very soon vanish from little Mac s dreams the nervous re-\\nsponsibilities he sees awaiting him, and make him invoke Heaven to\\nforgive and save his own traitorous soul, rather than help him to de-\\nstroy the Government! Would to God we had a General Jackson\\nBut the damnable scheme has become too much exposed to meet\\nwith support from our loyal people. The severe experience and sac-\\nrifice they have undergone the last four years has too much awakened\\nthem to bold and independent thought and action to be now cajoled,\\nor seduced by such transparent folly and knavery, as a cessation of\\nhostilities and withdrawal of our army and navy just as a complete\\nvictory is at hand, over a defiant and unrepentant foe. The land of\\nEthan Allen has spoken and soon the people of the other States\\nwill speak in like manner, only louder. Sherman and Atlanta have\\nspoken, and Grant, Petersburg and Richmond will soon speak in\\nstill bolder tones; and in November, loyal hearts every where will speak\\nin a voice more discomfiting to little Mac and his pandemonium, than\\neven the ghost of the old hero and founder of the party would be.\\nLet the loyal people stick fast to honest Old Abe, and let him", "height": "4160", "width": "2572", "jp2-path": "formationofstate00park_0_0249.jp2"}, "250": {"fulltext": "236*\\nonly put in the blows heavier and faster save and protect the friends\\nof the Government, though it has to be done at the sacrifice of Its\\nenemies, and all will be well, and he will be re-elected by the largest\\nmajority ever known.\\nMore men are wanted in the field now. If the draft be necessary\\nto bring them, the Administration should at once apply it, without\\nfear or favor, regardless of all threats, and meet the consequences.\\nThis, the true genius and safety of the government and true loyalty\\neverywhere, demand at its hands. If it fails or falters, all may be lost.\\nLoyal State of. West Virginia.\\nP. S. We believe the leading rebels have given up all hopes of\\nestablishing a separate Confederacy by the present efforts, and are\\ndirecting their energies to secure the next best thing in their view,\\nto-wit A Confederatio?i of all the States, which will carry with it a\\nright in each State to secede at pleasure. And under this new ar-\\nrangement, Jeff. Davis is to be the Captain, or he will secede and set\\nup for himself. This is the kind of Union Tattle Mac, the Con-\\nvention, and rebel leaders are at work for now.\\nI also published, in the same paper, during the campaign, the fol-\\nlowing, touching the approaching Presidential election.\\n[Letter to the Intelligencer.]\\nTHE APPROACHING PRESIDENTIAL ELECTION.\\nFellow Citizens And by the term I mean to include all that\\nstill maintain to me and to .each other that dearest and tenderest of\\nearthly ties which an unwavering attachment to a common country\\nand flag implies. No matter in what State you may live, whether na-\\ntive born or naturalized, or what guise or external appearance you\\nmay be constrained by external circumstances temporarily to wear, if\\nat heart you are now unconditionally loyal. It behooves all such, in\\nview of the momentous issues now at hand, to confer freely together,\\nin order to adopt the measures most likely to advance a common in-\\nterest, and that no less important than the maintenance and preserva-\\ntion of the Government which our Fathers purchased at so great a\\nsacrifice of blood and treasure, aud bequeathed to us in trust, to be", "height": "4160", "width": "2572", "jp2-path": "formationofstate00park_0_0250.jp2"}, "251": {"fulltext": "237\\ntransmitted unimpaired to our children. I wish it were practicable\\nto meet all of you in person and confer together before the election\\nbut this being impossible, I propose to confer with you through the\\nPress as the next best mode. I trust our common interest in so im-\\nportant a matter will furnish for me a sufficient apology.\\nTaking it for granted that all earnest and patriotic people regard\\nthe excellence and value of our Government as A. H. Stephens,\\nVice-President of the Southern Confederacy, did, in 1861, when he\\npronounced it the best Government the sun of Heaven ever shone\\non, I shall proceed at once to consider the following propositions\\nFirst That the Government can be maintained and preserved only\\nby vanquishing the rebel armies through a vigorous prosecution of\\nthe war.\\nSecond That the people of the loyal States, if they act unitedly,\\nare as competent and certain to do it as a three pound weight is cer-\\ntain to weigh down one.\\nThird That the only way to accomplish it is to elect Lincoln and\\nJohnson, and that we have no choice left as affairs now stand.\\nI shall proceed to discuss these propositions with that candor and\\nscrupulous regard for truth which a just sense of the importance of\\nthe subject naturally inspires. If I err it shall be an error of the\\nhead and not the heart. Then censure me in your judgment, that\\nyou may the better judge.\\nI assume as a fact now conceded by all earnest and patriotic men,\\nthat the rebel leaders, who govern and control their armies, aim either\\nat breaking up the Government and establishing a new one within its\\ndomains, or, failing in this, to reconstruct what, in their minds is\\nalready a broken and disrupted Government in such manner as to\\nembody therein the right in each State to secede at pleasure. That\\nthe hope and determination in them to accomplish the former has\\nexisted for more than thirty years. Mr. Calhoun first conceived\\nthe scheme as early as 1828 and in 1830, while presiding over the\\nSenate as Vice President of the United States, he induced Robert\\nY. Haynes, then regarded as his ablest disciple, to broach the doc-\\ntrine of secession in that body, in the celebrated discussion on the\\nFoote resolutions, whom Mr. Webster answered, demolishing\\nHaynes and his secession doctrine, as honest men supposed, forever.\\nMr. Haynes died soon after, but not the secession doctrine. Mr.\\nCalhoun, mortified and not a little enraged at this defeat, resigned", "height": "4160", "width": "2572", "jp2-path": "formationofstate00park_0_0251.jp2"}, "252": {"fulltext": "238\\nhis office of Vice President in order to be returned a member to the\\nSenate, where he could in person take charge of the new bantling.\\nHe continued to advocate and push its pretentions till it culminated\\nin 1832 in Nullification by South Carolina and a total demolition of it\\nagain by General Jackson, and the near escape of Calhoun s neck\\nfrom the halter. This second signal defeat, while it suppressed in\\nCalhoun further overt acts of treason, only served to increase his\\nanger and strengthen his determination. Soon after this he substi-\\ntuted the Slave for the Tariff question as the fittest subject for unit-\\ning the entire South and firing the Southern heart. At this time\\nthe present lenders of the rebellion were his young disciples, sitting\\nlike Paul at Gamaliel s feet, and imbibed the maddening draughts\\nof treason. They dug up the now famous resolutions of 98-9,\\nand grossly perverting their meaning from what their authors declared\\nthey intended, they succeeded by thirty years constant labor in edu-\\ncating the Southern mind, as well as many of the Northern demo-\\ncrats into the belief of the secession doctrine, and all the while were\\nfiring the Southern heart by preaching to the Southern people the\\ninsecurity of their slave property under the National Government.\\nJefferson Davis imbibed not only Calpioun s poison, but his inor-\\ndinate love of power and ambitious aspirations. Calhoun s sun set\\nwhile giants yet stood on our country s watchtowers, and without\\nconsummating the great scheme of his life the breaking up of the\\ngovernment and establishment of a monarchy on its ruins. He took\\ncare to bequeath the consummation of his scheme with the avenge-\\nment of his personal griefs with minute instructions to his disciples\\nthe most trusted of whom and principal executor of the trust was\\nJefferson Davis. What has occurred since Calhoun s death in\\n1850 is too painfully familiar to all to justify repeating. It may be\\nsafely said that the disciple has far excelled his master in boldness\\nof execution, if nothing more. Amid all the changes and terrible\\nthreatenings that have taken place during the present war, and as\\nlate as his interview with Colonel Jacques and Mr. Gilmore, Davis\\nhas declared his purpose to be absolute independence for the\\nSouthern Confederacy, and that it was useless for the government or\\nany one else to approach him with any other purpose. He still\\nholds in his hands the shattered remnant of an immense army, he\\nhas worked incessantly ever since his master s death to organize, dis-\\ncipline and make ready. So stands our armed enemy to-day, and\\nthe man whose will and power governs and controls it.", "height": "4160", "width": "2572", "jp2-path": "formationofstate00park_0_0252.jp2"}, "253": {"fulltext": "2311\\nNow how is this enemy to be gotten ricl of? This is the question.\\nThe Chicago Convention informs us that the only way it can be done\\nis for the Government to declare at once a cessation of hostilities,\\nwhich necessarily implies a withdrawal of our armies from the terri-\\ntory he claims call in our navy, raise the blackade, and then pro-\\npose to Jeff. Davis that a Convention of delegates, to be chosen in\\nall the States, to whom the settlement of the matters shall be re-\\nferred. Now, knowing what we do of J eff. Davis and his constantly\\navowed determination, can any man in his senses believe he would\\naccept the offer at all, or if so, with any other view but to accomplish\\nby diplomacy and fraud what he despairs of obtaining by arms, if\\nthe Government continues vigorously to prosecute the war-? And\\nsuppose he should accept the offer with the view mentioned, and it\\nwould certainly be with no other, it would place the Government\\ncompletely in his power. To elect the delegates and get them to-\\ngether from Oregon, California and other distant parts would require\\nfive or six months at least. And after the Convention should assem-\\nble, the Southern delegates would have it in their power to prolong\\nthe session twelve months more, making eighteen months, and then\\nbreak up in a row. This would give to Davis time to repair his\\nlosses. His army would not be disbanded, but go to work in all\\nforms, strengthening and repairing, still preserving .their organization,\\nso as to be placed in line of battle at any time at the mere tap of\\nthe drum or sound of the bugle. The blockade being raised and\\nCommerce restored, with the Government of the Southern Confed-\\neracy in full operation all the while with the implied consent at\\nleast of the old Government can any one doubt that in such a case-\\nEngland and France would acknowledge their independence, form\\nan alliance, offensive and defensive, and if not openly so, the rebels*\\nfriends and confederates abroad would supply them with everything\\nneeded, including men. So they would, at the end of twelve or\\neighteen months, be as strong as at the commencement of the war.\\nNow how would it be with the old Government Our armies\\nwould have to be withdrawn from the Southern soil, all territory that\\nwe have re-possessed during the war relinquished, most of our soldiers\\ntimes would have expired, ?.nd until then the whole to be allowed their\\npay and rations, at the expense of a million or two a day, and all\\nsuch as remained would become hopelessly demoralized.\\nThis is the exact state of things that must occur if the plan pro-", "height": "4160", "width": "2584", "jp2-path": "formationofstate00park_0_0253.jp2"}, "254": {"fulltext": "240\\nposed by the Chicago Convention and endorsed by McClellan and\\nPendleton, should be carried into practice and I challenge any\\nrebel or copperhead to show that the plan they propose can be car-\\nried into practice with any different results. The Convention pro-\\nposes this plan, because the war so far has been in violation of the\\nConstitution in every part, and an Administrative, usurpation of\\nextraordinary and dangerous powers not granted by the Constitution,\\nin all of which McClellan volunteered to participate for over two\\nyears as Commander-in-Chief, or as Corps Commander, until shelved\\ncontrary to his wish, and still retains his commission and accepts his\\npay and in his letter of acceptance he avows that he believes his\\nviews agree with the views of the Convention in every particular\\nTaken as a whole, I am brought to the painful conclusion that it is no\\nmore nor less than a branch of Jeff Davis great scheme of fraud,\\nviolence and treason, and that all connected with it are as guilty as\\nDavis himself, with all the meanest passions of our nature super-\\nadded.\\nWo uld Jeff Davis, think you, consent to lay down his arms on such\\na surrender on our side and go into Convention with men he rates\\nworse than hyenas for the purpose of arranging terms on which he\\nis passively to surrender up the great work of his life and sole object\\nof his ambition Did Calhoun, his great prototype and master, act\\nin that manner Do you think Gen. Jackson could have been con-\\nciliated out of his opposition to the United States Bank, or to John\\nC. Calhoun and his nullification Or do you think Calhoun would\\nhave knocked under if he had had the army and people Jeff. Davis\\nnow has, and General Jackson had been as powerless as the Gov-\\nernment would be with the Chicago Platform carried into practice\\nGrim terror alone ever turns such men from a great and cherished\\npurpose. But to bring it nearer home, can you hope to conciliate\\nor persuade your neighbor passively to surrender to you the fruits\\nand hope of his whole life s labor No, fellow-citizens, it is contrary\\nto every principle of our nature trust it not, it will prove a snare\\nto your feet.\\nI aver, therefore, without fear of contradiction from any loyal\\nman, that the only way left for getting rid of the rebellion and sav-\\ning the Government is to crush and scatter its army by a vigorous\\nprosecution of the war, which Lieutenant General Grant. and his\\ngallant army are now doing most effectually. The heaviest blows", "height": "4160", "width": "2572", "jp2-path": "formationofstate00park_0_0254.jp2"}, "255": {"fulltext": "241\\nby our army upon the leaders, and all who adhere to them with\\nPresident Lincoln s Amnesty standing wide open for the full for-\\ngiveness and pardon of all below the rank of Colonel, is the true\\nand only way to get rid of the rebellion and its leaders, and in this\\nway it is soon to be accomplished. A CITIZEN.\\nWellsburg, W. Va., October 7, 1864.\\n[Letter to the Intelligencer.]\\nTHE APPROACHING PRESIDENTIAL ELECTION.\\nFellow Citizens The people of the loyal States possess the\\namplest ability and power to wipe out the last vestige of rebellion,\\nand that speedily. That the enemy has got to the end of his tether,\\nboth as regards men and money, is a conceded fact by all, even the\\nenemy himself. His armies, under Hood and Early, are either\\nkilled, captured, scattered or demoralized. The army of Lee is all\\nthat remains of importance, and that is far inferior to our forces\\nabout Richmond and our army under Sherman was never in better\\ncondition. Besides, we have not yet called more than one-third of\\nour fighting men to the field. Visit our cities and villages, and travel\\nupon our railroads, and we are scarcely able to miss any. Our\\nmoney, the sinews of war, advanced in the last few days 100 per\\ncent. the last sale being $1.85 and the price of goods have\\nalready begun to fall in the market correspondingly which is owing\\nsolely to the recent brilliant success of our arms. Compare our s\\nwith the enemy s currency, which has become nearly or quite worth-\\nless. A common calico dress costs in their money at Richmond\\n$175; a pair of women s shoes of ordinary quality $125, and a pair\\nof children s $105, and other necessaries of life in like proportion.\\nThis we know from unimpeachable evidence. Behold the swarms\\nof deserters and refugees naked, famishing and pennyless, flocking to\\nour lines from the land of Dixie, and listen to their story of suffering,\\ndestitution and oppression that hold universal reign there and then\\nbear in mind that this is the bastard Government, the author ot all\\nthis suffering and woe that the Chicago Platform now summons\\ntwenty million of freemen to lav down their arms and make an un-\\nconditional surrender to, and become as deplorable as its present\\n\u00c2\u00a52", "height": "4160", "width": "2584", "jp2-path": "formationofstate00park_0_0255.jp2"}, "256": {"fulltext": "242\\nsubjects are. Here let me ask the attention of the hypocritical par-\\ntisan croakers among us (generally property less and humanityless)\\nthat are constantly whining about the magnitude of our Government\\ndebt, and the shedding of blood. This debt in June last amounted\\nto only $72.91 to a person, when equally distributed among the peo-\\nple of the loyal States, leaving out of account the people in Rebel-\\nlion, who ought to be made to pay the whole when vanquished, as\\nthey began the conflict. Is any one so white-livered as to be fright-\\nened at this If there is and I should appeal to him to get out of\\nsuch a shameful predicament and stop whining, I should expect such\\nan answer as the valorous husband gave to his wife, after she had\\ndriven him with her broom under the bed, and bade him under pain\\nof further brooming not to peek out from under the hanging cover-\\nlid firmly and resolutely declared that he mould peek so k n*g as\\nhe had the spirit of a man in him. All such as stop now to talk\\nabout the magnitude of the debt, I would ask to look and consider\\nthe ways of that man who after getting a charter and having expend-\\ned only one-eighth of his ready means in constructing a toll bridge\\nto within a few feet of the opposite shore should all at once stop\\nfrom fear of the expense, and decline to make the completion which\\nwould render the whole outlay highly remunerative, and save him-\\nself from becoming the laughing stock of all. Such as have all at\\nonce expressed their horror at the further shedding of blood, I\\nwould ask what they think of the humanity of the frontier settler\\nwho had been endeavoring for years to destroy an old she wolf that\\nprowled about his premises,, and had devoured not only his pigs,\\npoultry and sheep, but some of his children, should, upon being,\\nadvised that his neighbors had at last denned the monster, and re-\\nquested that his boy or himself should bring a gun to dispatch it, he\\nshould decline the request and open fire upon his neighbors, instead\\nof the wolf, from the rear. And of those who approve the Chicago\\nPlatform, and sympathize with its candidates I would ask, how they\\nwould regard the inhabitant of a dry and corabustable prairie, who\\non discovering, at the windward of his house, a fire kindled and\\nspreading, summoned his household, and rushed to the spot and\\nafter getting it under control and encompassing it with an impassable\\ngirdle, but leaving open a small space opposite his dwelling, he and\\nhis household folded their arms, retired to their house and passively-\\nsurveyed the approaching and spreading flames until prairie, house\\nand all were consumed Does not the cessation of hostilities as", "height": "4160", "width": "2572", "jp2-path": "formationofstate00park_0_0256.jp2"}, "257": {"fulltext": "243\\nproposed by the Chicago Convention invite Jeff. Davis and his con-\\nsuming hosts to every peaceful house in the loyal States as unmis-\\ntakably as this prairie settler invites the general conflagration in his\\ncase Or, do they really think to extinguish Jf.ff. Davis and all his\\nguerrillas, desperadoes and robbers with coHciliatwu, and their other\\nwarlike water gruels of the same sort.\\nThe people of the loyal States possess then the amplest ability\\n.and j \u00c2\u00a9wer to speedily crush the rebellion and vindicate the govern-\\nment if they will but unite and make the proper use of the means\\nthey have.\\nBut suppose our loyal people fail to unite, and thereby sacrifice our\\nglorious free government, not only to ourselves and posterity, but to\\nthe oppressed lovers of freedom throughout the world, will the broad\\nrecord of our race furnish an example of such self-abasement and\\nvoluntary destruction And before God, I believe the election of\\nLincoln and Johnson, with the defeat of the Chicago Platform and\\nits candidates, is the only event that can save us.\\nA CITIZEN.\\nW-ellsburGj W- Va., October io, 1864.\\n[Letter te the Intelligencer.]\\nTHE APPROACHING PRESIDENTIAL ELECTION REA-\\nSONS WHY WE SHOULD VOTE FOR LINCOLN AND\\nJOHNSON.\\nFellow Citizens In the third place let us consider the reasons\\nwhy we should vote for Lincoln and Johnson. The President, as\\nyou all know, is made by the Constitution the head of the civil gov-\\nernment, and also Commander-in-Chief of the Army and Navy of\\nthe United States, that is, the head of the military side also. In\\ntimes of war like the present, as such military head, he possesses\\nunlimited powers so far as the management and conduct of the\\narmy and navy are concerned, subject only to the established arti-\\ncles of war. He has the power to proclaim a cessation of hostili-\\nties, withdraw our armies from Southern soil, recall our navy, raise\\nthereby the blockade, and open a free Commerce between\\nother Nations and the Southern Confederacy, standing all the while\\n-clothed with the essentials that constitute an independent Nation.", "height": "4156", "width": "2600", "jp2-path": "formationofstate00park_0_0257.jp2"}, "258": {"fulltext": "244\\nThis would be virtual acknowledgment by us. Foreign powers would\\nat once acknowledge, and there would be the end of the matter, and\\nend of us also.\\nThis is exactly what the Chicago Convention promises when it\\nproclaims a cessation of hostilities. Presidents we know are as\\nliable to die as other people, and in that event the Constitution de-\\nvolves all these powers upon the Vice President, that is, upon Mr.\\nPendleton, if their ticket should be elected, who thereby becomes\\nthe President. Now what earnest patriotic man is there, who would\\nnot rather trust Jeff. Davis than Pendleton The record of the\\nlatter establishes as full and clear proof of disloyalty as Davis does.\\nDavis stands open and above board in his true character while\\nPendleton attempts to cloak his no less hostile sentiments with the\\nprofessions of loyalty the one an open public enemy the other an\\nenemy in disguise a spy, which the usages of war hang as a felon,\\nAnd the recent acceptance by McClellan of the Chicago Platform,\\nafter the high trusts and favors he has received, places him in the\\nminds of honest men far below either.\\nNow let me lift the cloak of Democracy and show you the leaders\\nof the Chicago Convention. There is Vallandigham, the martyr,\\nas the faithful style him, but as everybody knows, a convicted traitor.\\nHe agrees to all their doings, and moves that the nomination of Mc-\\nClellan be declared unanimous. There is Fernando Wood and\\nBen., his brother, authors of the new gospel of Peace; and Seymour.\\nThese organized and headed the mobs of New York City to act as\\nCommittee of reception, at that city, of General Lee and his army,\\nhad they not been unexpectedly detained at Gettysburg. There is\\nOlds, and Cox, and Voorhees, and Marshal Kane, who headed\\nthe mobs in Baltimore, and Alex. Long. There is Auguste Bel-\\nmont, the known agent for the Confederate bond holders in Europe,\\nand Chairman of the National Democratic Committee, as the faithful\\nstyle it, but in fact with George Sanders Co., at the Clifton\\nHouse, it is the Northern branch of the great Rebel Conspiracy.\\nThis Belmont is intent on one thing, that is, to fix things so that\\nthese bonds shall be paid the bottoms of the original signers hav-\\ning fallen out. There is Dean Richmond and Peter Caggar and\\nothers of their kind, who, like vultures, are always hovering wherever\\ndesolation, disintegration, and decomposition are threatened. Then\\nthe group yonder, are the post-riders and telegraph operators who\\nconduct the communications between this body and George San-", "height": "4160", "width": "2572", "jp2-path": "formationofstate00park_0_0258.jp2"}, "259": {"fulltext": "245\\nders Co., at the Clifton House. And then that dim outline of a\\nman, sitting yonder, is the shadow of all that remains of Amos Ken-\\ndall, now demented and in utter dotage. He was once, you re-\\nmember, a member of General Jackson s Cabinet Postmaster-Gen-\\neral Fearing such profanation of the name of Democracy might\\nevoke the ghost of its founder, and mindful of the opinion that spirit\\nhad of Calhoun and treason while in the body, they dug up the old\\nfossil and transported him thither with a view to appease and hood-\\nwink the old heme s ghost, and honest and unsuspecting people gener-\\nally. But I perceive you, like myself, are becoming weary ot the\\nsight I drop the curtain.\\nNow, you perceive that every block that enters into their pyramid of\\ntreason, except, perhaps, that nonentity, Amos Kendall, is simon\\npure, with no spot or blemish of loyalty and Little Mac has be-\\ncome the cap-stone. Now of whatever nature this last man is, like\\nevery other cap-stone, he must depend for support on whatever is\\nbeneath him. Be he fish or fowl the rebels have swallowed him, and\\nhe is to be digested and assimilated, if need be, so as to nourish the\\nrebel body.\\nNow let us turn for a moment from this painful spectacle to Lin-\\ncoln and Johnson, scornfully styled by these agents of treason and\\ncollectors of rebel debts already protested, The Rail Splitter and\\nTailor. Their contempt for these noble men shows their contempt\\nfor our glorious institutions, that have enabled them to rise from these\\nhumble, but useful and honorable callings, to the proudest stations\\non earth. They are such Ri-vers and Sew-ers as will cleave down\\nthe Confederacy, and stitch up its winding sheet. They are fit illus-\\ntrations of the inestimable value of our institutions. The humblest\\nboy in the land can attain to the same proud eminence. And well\\ncan these great and good men exclaim to the Chicago renegades as\\nthe celebrated Tristam Burgess did to John Randolph in the\\nUnited States Senate, who taunted him with having been born a\\ncooper. Aye, sir, said that old bald Eagle, and I made the\\nbest barrels in all Rhode Island, and the difference between me and\\nthe gentleman is, if he had been born a cooper, he would have been\\na cooper still. Having cast my first vote for General Jackson at\\nthe time he was demolishing Calhoun and his nullification, having\\nsupported Mr. Douglas at the last election, and having never re-\\nceived nor asked any favors of the present Administration, nor ex-\\npect to, I have nevertheless been brought to the belief that no man", "height": "4160", "width": "2560", "jp2-path": "formationofstate00park_0_0259.jp2"}, "260": {"fulltext": "246\\nliving could have administered the Government, considering the un-\\nexampled difficulties and embarrassments that have surrounded it,\\nmore honestly, more devotedly, and more successfully than Mr. Lin-\\ncoln has done. I have no doubt he will do so in future and if it\\n\u00e2\u0080\u00a2shall please God at any time to call him to a higher sphere of duties,\\nMr. Johnson is the man to supply his place. Besides, every truly\\nloyal man feels that the dignity of the Government requires that since\\nthe rebellion was commenced professedly against Mr. Lincoln, the\\nrebels should be ma.de to ground their arms at his feet. This only\\nwill properly vindicate the government.\\nIf there are any who are charmed and allured by the mere name\\nof Democracy, which our opponents have stolen and got under as\\nthe other animal got under the lion skin, I would beg them to ob-\\nserve where the eminent Democrats, statesmen and heroes of the\\nGeneral Jackson school, stand in this issue Lewis Cass, Daniel S.\\nDickinson, Generals Wool, Grant, Sherman, Sheridan, Meade,\\nHooker, Butler, Rosecrans, Burnside, Logan, Dix, Meagher,\\nSickles, McCall, Com. Farragut, and a host of others, whose\\nnames and deeds will illuminate the history of the country and the\\nworld, when the names of this Chicago junto will be remembered\\nonly for their treason. And if any ask for further avowals of their\\npurpose than cessation of hostilities, c, implies, I answer, they pro-\\npose to wipe out the State of West Virginia and all the re-organized\\ngovernments remand the gallant and loyal men that have participat-\\ned therein back to their former and now infuriated oppressors, to be\\nhung and their property confiscated for treason committed against\\nsovereign States disarm and divest our gallant colored troops, and\\ndeliver them up to their former masters and indemnify the rebels\\nfor the damages and expense of the war! These among other ob-\\njects they openly avow.\\nBefore closing let me speak a word of advice to voters holding a\\njoint and common interest with myself in this best of governments.\\nWe are the sovereigns and hold the power. In times as perilous as\\nthe present we all have a direct and vital interest in each others\\nvotes. While each has the right to cast his vote as he honestly be-\\nlieves the best interest of the country, in which we all have a com-\\nmon interest demands, still our relations to each other in this respect\\nare not unlike those of co-partners in their stock of goods. Each\\nhas a right but he is bound to exercise it so as not to injure his co-", "height": "4160", "width": "2572", "jp2-path": "formationofstate00park_0_0260.jp2"}, "261": {"fulltext": "247\\npartner. If any should vote corruptly under the influence of bribes\\nof drams of liquor, money or other thing or negligently, without first\\ninforming himself by all the means within his reach and freeing his\\nmind of partisan prejudioe as far as possible, or suffer himself to be\\ndictated to by others, be they who they may you will agree with me\\nin saying that such persons commit a graat wrong, which must in the\\nminds of earnest and patriotic men fix a stigma upon them and their\\nchildren. It will be a most apt occasion for our adopted citizens to\\nrefute the charge of disloyalty and want of attachment to our Institu-\\ntions, heretofore urged by the Know Nothing party, by standing firm-\\nly by that Government which has given them an asylum from the\\noppression of their Father-land, and admitted them on such generous\\nand easy terms to all the rights and privileges of citizenship and\\nwhich is still holding out the same precious boon to millions of their\\ncountrymen, groaning under the heels of the old despotisms, the like\\nof which Jeff. Davis and the Chicago Convention are now laboring\\nto establish in this country. Your conduct in the coming election\\nwill not only affect yourselves and children, but the welfare and\\nstanding of your countrymen that shall hereafter immigrate. The trial\\nwill be severe, but the Government will triumph. Mark that. This\\nelection will determine who are its friends and who its enemies. My\\nearnest prayer is that my adopted fellow citizens shall stand to the\\nold flag as nobly and gallantly at the ballot box as they have on the\\nbattle field. I have ventured these remarks not only because I have\\na direct and vital interest in every man s vote, as he has in mine, but\\nbecause I desire to see all my fellow citizens so acquit themselves in\\nthe great crisis as shall secure the approval of their own conscience\\nand all earnest and patriotic men.\\nHearts within and God o erhead, let all loyal men stand unitedly\\nup to the great work\\nPerish party, perish clan;\\nStrike for Freedom while we can\\nLike the arm of one strong man\\nA CITIZEN.\\nWellsburg, W. Va., October n, 1864.\\nNovember 8th, 1864, the Presidential election took place, in the\\ntwenty-five loyal States. The number of Electors chosen was 234\\nof whom 213 were for Lincoln and Johnson, and 21 for McClellan", "height": "4156", "width": "2560", "jp2-path": "formationofstate00park_0_0261.jp2"}, "262": {"fulltext": "248\\nand Pendleton those of Kentucky, New Jersey and Delaware only.\\nThe popular vote for the former, was 2,203,831 for the latter, 1,797,-\\n019. The popular vote of West Virginia was 23,152 for the former;\\nand 10,438 for the latter. Whereas, no man, I think, was more pop-\\nular with loyal West Virginians, than Gen. McClellan, in 1861, when\\nin command of that Department. So much for his subsequent defec-\\ntion and alliance with the rebel cause So the rebel leaders, by this\\ndesperate move, only united and strengthened, instead of dividing and\\nweakening the loyal people.\\nTheir next move was, I think, through Hon. Francis P. Blair, Sr.,\\nto open negotiation with the authorities at Washington, for a settle-\\nment between the two governments as Mr. Davis styled it. After,\\nmuch correspondence, Commissioners Stephens, Hunter and Camp-\\nbell were permitted to pass through our lines, and proceed to\\nHampton Roads, where President Lincoln and Secretary Sbward\\nmet them in friendly conference, the 30th January, 1865, which, of\\ncourse, resulted in nothing, as the Rebel Commissioners were auth-\\norized only to treat and negotiate as representatives of a distinct and\\nindependent government.\\nAs Sherman, with his victorious army, was daily, and almost with-\\nout opposition, subduing the interior of rebeldom, and Grant was\\ncontracting his lines about Richmond, the Rebel leaders felt there\\nwas no time te lose. Their next move was, that the Commanders of\\nthe opposing armies in the field, should agree on the terms of peace.\\nThis, of course, our government declined. The Rebel Congress,\\nabout this time, having lost confidence in Mr. Davis, made Lee their\\nGeneralissimo, who, with their other prominent military men, appre-\\nciated the situation. This exasperated Mr. Davis, and made him\\nmore desperate and unwise. Their treatment of our prisoners of\\nwar, and other measures they resorted to, violative of the rules of\\ncivilized warfare, and some absolutely fiendish, have become matters\\nof history.\\nTheir next move appears to have been to forcibly seize Mr. Lin-\\ncoln, and take him to Richmond, and hold him as a prisoner of war\\nand hostage, when they should surrender. Failing in this, their final\\nand crowning plan seems to have been to decapitate the Government\\nat Washington outright, by assassinating, simultaneously, the Presi-\\ndent and Vice-President, Secretaries Seward and Stanton, and\\nLieutenant General Grant. What took place is known. And if all", "height": "4156", "width": "2584", "jp2-path": "formationofstate00park_0_0262.jp2"}, "263": {"fulltext": "249\\nhad been accomplished that was contemplated, our National Govern-\\nment would have been Constitutionally decapitated without a Presi-\\ndent, or Vice-President, without a President of the Senate, pro. tem.,\\nor Speaker of the House of Representatives the only persons the\\nConstitution and Laws devolved the duties upon. The Thirty-Eighth\\nCongress had expired, and its officers with it the Thirty-Ninth Con-\\ngress elect, had no Constitutional right to convene until the first\\nMonday of the succeeding December, unless earlier convened by the\\nPresident, or Executive head and there would have been no such\\nhead. The then existing law required the Secretary of State, in\\ncase of a vacancy in the offices of both President and Vice-President,\\nto notify the Governors of the several States, whose duty it was made\\nto order electors of President and Vice-President to be chosen or\\nappointed in their respective States, in a specified time. For this\\nreason, probably, they included Secretary Seward in their proscribed\\nlist, while Secretary Stanton s and Gen. Grant s connection and in-\\nfluence with the army and loyal people caused them, also, to be in-\\ncluded Generals Sherman and Sheridan being absent.\\nI never could believe it was feelings of personal malice towards\\nthe proscribed, that prompted so desperate a measure on the part of\\nthe Rebel leaders, who were generally persons of enlarged culture,\\nand still commanded the confidence and respect of their confederate\\nfollowers while the intended victims had certainly borne them-\\nselves during the terrible conflict, in their complete triumph, and gen-\\nerous terms for surrender, in a manner to excite respect and esteem\\nfor them personally, though they had been public enemies. It was a\\nmistaken and unwise policy that prompted the measure a policy\\nconceived in desperation, and utter despair of realizing anything for\\nso great a sacrifice and hope but utter ruin. So I believe, the lead-\\ners viewed it. But -1 believe, they erred greatly, and destroyed their\\ngreatest and truest friend, when Mr. Lincoln fell and in this belief,\\nI think, nearly all the South now, concur.\\nSome of the Radicals, after their break with President Johnson,\\ninsinuated that he was Confederate in the measure. This always\\nseemed to me absurd, and without any foundation. He was the most\\nhated and feared of any by the rebels, who would never have thought of\\nkilling Mr. Lincoln, and leaving Mr. Johnson alive. He had been\\none of them until, as they viewed it, he treacherously deserted their\\ncause and this view, the statement of Mr Davis at Charlotte, N. C,\\nto General Bre k.en ridge, and Mr. Louis P. Bates, confirms.\\nG2", "height": "4160", "width": "2560", "jp2-path": "formationofstate00park_0_0263.jp2"}, "264": {"fulltext": "250\\nIf they had succeeded in decapitating the Government, as con-\\ntemplated, the general anarchy anticipated, would not have lasted\\nlong. The loyal army, and citizens would have resolved themselves\\ninto a Vigilance Committee, and soon supplied all necessary govern-\\nment agents or officers. They were, indeed, as a general thing, in-\\ndividual sovereigns, each competent to set up and manage a govern-\\nment. In that consisted their peculiar excellence and power in any\\nemergency. No permanent decapitation of the Government,, could\\nhave occurred without decapitating the loyal individuals.\\nThus, by surrender of the Rebel army soon after, practically end edl\\nthe slaveholders great Rebellion, whicl had shaken the civilized\\nworld. And if their wisdom and practical sense, had come anywhere\\nnear their valor, perseverance and self-sacrifice, they would never\\nhave gotten into the predicament, but ciung to the Old Government\\nand Flag,, which belonged to them they having been tide to both,,\\nwhile others had violated and sought redress u in the Union, and\\nthrough the Union. In that event, the entire free States portion of\\nthe Democratic party would have cordiallv co-operated, including the\\ncowardly dough-faced leaders, who, after promising as largely as the\\nDevil on the Mount, and thereby inciting their Southern allies to un-\\ndertake the fearful leap slunk into their holes and hid, at the first\\nclash of arms; and became afterwards, what were known as Peace\\nDemocrats, whose chaiacter has already been depicted. And as a\\ngeneral thing, the dyed-in-the-wool Abolitionists of the free States,,\\nand ranting fire-eaters of the South, behaved in about the same way.\\nThe two extremes had raised the whirlwind, and then left it for\\nothers to manage as best they could, the existence of the Government\\nbeing the stake The Confederates taken together, may be said to\\nhave sacrificed all property but their lands, and more than a half\\nmillion of lives.\\nOf the great perils through which the Government passed, none\\nappears to me, on looking back, to have been more eminent than the\\nPresidential election crisis, in the twenty-five loyal States,. November 8,\\n1864, as the results show. For while Lincoln and Johnson got 213\\nof the 234 Electors chosen, they had but 406,812 majority in a popu-\\nlar vote cast, of 4,000,850 while all Rebeldom, of course, stood op-\\nposed.\\nOn this majority of one in every ten voters in the twenty- five loyal\\nStates her life hung; while Rebeldom was plying its arms with des-\\nperate vigor and some success against our armies, and civilians", "height": "4156", "width": "2572", "jp2-path": "formationofstate00park_0_0264.jp2"}, "265": {"fulltext": "251\\nwlserever opportunity offered. Its unprincipled, desperate, and un-\\nscrupulous allies, throughout the twenty-five loyal States, Canada,\\nEngland, France, and Imperial Mexico, were doing, mostly in secret,\\nwhat now stands revealed 1 In such a vote by the inhabitants of the\\ntwenty-five loyal States, on so plain an issue, which involved- the life\\n*G)f the Government, I see little in the achievement, taken as a\\nwhole, that reflects credit for either intelligence or patriotism. It\\nshows on how frail a thread, politically, the life of the Government\\nfoung, after three year.} and a fealfs fighting. How profound should\\nbe our gratitude for the noble friendship exhibited by Russia!\\nThe rebel armies surrendered on terms both noble and generous,\\nproposed by Mr. Lincoln, with the concurrence of his Cabinet and\\nGenerals, These terms, some feared at the time, were too liberal for\\n-safety. But their religious observance, afterwards, by General Lee\\n\u00e2\u0080\u00a2and his army, including even guerrillas, abundantly showed that this\\nspirit of liberality touched the heart, and won a pledge of personal\\nSionor from every Confederate soldier and the fidelity with which\\nthat pledge has been kept, has scarcely a parallel in ancient or mod-\\nern times.\\nThus all armed resists/race to the Government ceased, leaving our\\nsystem of civil polity, including State and National Governments, un-\\nchanged, save tihe wear m.d tear of the war and its incidents the\\nprincipal of which was the emancipation of about 4,000,000 slaves of\\nAfrican descent. It then devolved on the Victors, who were in full\\npossession of the Government, with Mr. Johnson installed as Presi-\\ndent, to restore and rehabilitate the States, provide for the Freedmen\\nin their new relation to the Government, and dispose of the leaders\\nof the Rebellion as .true State policy and future peace and safet}\\n\u00e2\u0096\u00a0required. This was a difficult and delicate task, requiring enlightened\\nstatesmanship, profound political wisdom, and exalted patriotism.\\nWhat the victors and vanquished have done, and are doing, belongs\\nto general history.\\nAll armed resistance to the Government .having ceased, and the\\nestablishment of the new -State thereby made certain and sure, my\\ninterest in party politics in a great measure ceased but not my solic-\\nitude for the future welfare, prosperity and happiness of my country,\\n\u00e2\u0080\u00a2and every part thereof. I have published some through the Press,\\n-and written more touching various questions as they have arisen\\nsince some of which I propose to insert for what they are worth,\\nwith necessary explanations,", "height": "4160", "width": "2584", "jp2-path": "formationofstate00park_0_0265.jp2"}, "266": {"fulltext": "", "height": "4160", "width": "2572", "jp2-path": "formationofstate00park_0_0266.jp2"}, "267": {"fulltext": "253\\nWHAT WEST VIRGINIA DID.\\nThe West Virginia Legislature at its session in 1865, in contem-\\nplation of an early collapse of the Confederacy, and return of We^t\\nVirginia Rebels to their former homes, with feelings inimical to the\\nnew State and its laws, passed the 25th of February, 1865, as a pro-\\ntective and prudential measure, a law of which the following is an\\nextract. Theretofore the disguised Rebels among us, as a general\\nthing, had not deigned to participate in what they styled a Bogus\\nConcern.\\n2. If the vote of any person offering to vote at any election shall\\nbe challenged by any voter present, the supervisor and the inspectors\\nof the election shall refuse to allow such person to vote until he shall\\nproduce to them an affidavit as follows\\nTownship o f county, to-wit:\\nI, A. B., (name of affiant,) do solemnly swear that I have never\\nvoluntarily borne arms against the United States, the re-organized\\ngovernment of Virginia, or the State of West Virginia that I have\\nnever voluntarily given aid, comfort or assistance to persons engaged\\nin armed hostility against the United States, the re-organized govern-\\nment of Virginia, or the State of West Virginia that I have not at\\nany time sought, accepted, exercised, or attempted to exercise any\\noffice or appointment whatever, under any authority or pretended au-\\nthority hostile or inimical to the United States, the re -organized gov-\\nernment of Virginia, or the State of West Virginia that I have not\\nat any time yielded a voluntary support to any government, or pre-\\ntended government, power or Constitution within the United States,\\nhostile or inimical thereto, or hostile or inimical to the re-organized\\ngovernment of Virginia, or the State of West Virginia that 1 mil\\nsupport the Constitution of the United States, and the Constitution\\nof the State of W r est Virginia; and that I take this oath freely, with-\\nout any mental reservation or purpose of evasion.\\nSuch affidavit shall be subscribed by the party making the same,\\nand may be sworn to before the supervisor or one of the inspectors\\nof the election at which he offers to vote, or before any person au-", "height": "4160", "width": "2572", "jp2-path": "formationofstate00park_0_0267.jp2"}, "268": {"fulltext": "254\\nthorized to administer oaths and the taking of any such affidavit\\nfalsely shall be perjury, of which the party may be convicted in any\\ncourt having jurisdiction of the offence. Every affidavit so taken as\\naforesaid, shall be delivered to the inspectors of the election, and\\nshall be by them returned to the office of the recorder of their\\nCounty, whose duty it shall be to file and preserve the same in his\\noffice. But this section shall not apply to any person who has here-\\ntofore volunteered in the military service of the United States, and\\nwho has been or may hereafter be honorably discharged therefrom.\\nThe i st of March following it passed a joint resolution, proposing\\nto amend the State Constitution by incorporating the following\\nResolved by the Legislature of West Virginia, The following is\\nproposed as an amendment to the Constitution of this State, to be\\nadded at the end of the first section of the third article thereof, to\\nbecome part of the said Constitution when ratified according to the\\nprovisions thereof, namely\\nNo person who, since the first day of June, i86i, has given or\\nshall give voluntary aid or assistance to the rebellion against the\\nUnited States, shall be a citizen of this State, or be allowed to vote\\nat any election held therein, unless he has volunteered into the mili-\\ntary or naval service of the United States, and has been or shall be\\nhonorably discharged therefrom.\\nAdopted, March i, 1865.\\nThe same Legislature abolished absolutely, the small remnant of\\nSlavery within the State, and instructed its Senators, and requested\\nits Representatives in Congress, to vote in favor of the Thirteenth\\nAmendment to the National Constitution as proposed, and then\\npending. The same and subsequent Legislature made the taking of\\na. similar expurgatory and citizenizing oath, a prerequisite for hold-\\ning any office of trust under the State, of sueing in its Courts, or\\npracticing law at their bar. These became known as the Test\\nOaths about which much has been said and written.\\nAfter the surrender of the Confederate Armies, its members from", "height": "4160", "width": "2572", "jp2-path": "formationofstate00park_0_0268.jp2"}, "269": {"fulltext": "255\\nWest Virginia, especially such as had been to the front, returned to\\ntheir former homes with thankful hearts for the generous terms on\\nwhich they had been permitted to surrender, These, with scarcely\\nan exception, accepted and submitted to the New State and its laws\\nas they found them, and as the terms of their surrender required.\\nIt was the stay-at-home rebel sympathizers, whose past conduct\\nin regard to the war, and New State, had rendered unpopular, con-\\nspicuously aided by the returned Virginia Politicians who had spent\\nfour years in Dixie, seeking for their lost rights elsewhere than in\\nthe Confederate army, or within the smell of gunpowder, that created\\nthe fuss and contention afterwards experienced aided I think, in\\nsome degree, by the unwisdom of the party in power.\\nThe natural and unbroken affiliation of these two classes (whose\\naim and aspiration were to possess the offices with the emoluments) at\\nonce coalesced and formed what was known as the Conservative\\nparty.\\nTheir first move was to possess themselves of the offices of the\\nNew State through the votes of disfranchised ex-rebels. To accom-\\nplish this they had got to get rid of the law passed the 25th of Feb-\\nruary, 1865, before quoted. Their programme was to procure that\\nlaw to be disregarded by the officers having charge of the elections\\nthroughout the State. Daniel Lamb, Esq., of Wheeling, was applied\\nto by their confederates, the Supervisors of Ohio County, as to the\\nconstitutionality of the law. He gave in September, 1865, a long^\\nwritten opinion, declaring the law unconstitutional and void, and\\nshould therefore be disregarded by all officers superintending the\\nelections.\\nThe then Attorney General, the Hon. E. B. Hall, at the instance\\nof Government officers, gave his written opinion, asserting the law to\\nbe constitutional and obligatory upon all Superintendents of Elec-\\ntions. The Hon. Nathaniel Harrison, then Judge of the Ninth\\nJudicial Circuit, gave his written opinion to the same effect. The\\nConservative leaders were then everywhere at w r ork, filling the press\\nwith sentiments opposed to the validity of the law. As a loyal citi-\\nzen and candidate for no office, I published the following letter in\\nthe Wheeling Intelligencer touching the question", "height": "4160", "width": "2548", "jp2-path": "formationofstate00park_0_0269.jp2"}, "270": {"fulltext": "250\\nTHE POLITICAL STATUS OF THE REBELS OF THIS\\nSTATE\u00e2\u0080\u0094 HAVE THEY THE RIGHT TO VOTE?\\nGentleme?i I read in your paper of yesterday the letters of\\nDaniel Lamb, Esq., and Judge Harrison, of Greenbrier, touching\\nthis deeply interesting subject. I think Judge Harrison takes the\\ncorrect view, and one that should govern the action of Supervisors\\nand Inspectors in the election. I think Mr. Lamb is radically wrong\\nin his position regarding, as he does, the test oath, as containing\\nsomething the Constitution does not authorize, when it is intended to\\nbe a means or mode merely of determining the pre-requisite of citi-\\nzenship. The object of the law was to keep traitors who have for-\\nfeited all civil rights under the loyal government, from doing, through\\nthe ballot-box, what they have failed to do by arms, until such times\\nas they shall have shown fruits meet for repentance. It can de-\\nprive no loyal man of his vote, but only furnishes him the means to\\nprotect himself and government against an unrepentant foe, whose\\nmalicious venom is now being disclosed in the Wirtz trial, at Wash-\\nington, and which every act of their rebellion illustrates and within\\na day or two in South Carolina, by electing the notorious Wade\\nHampton a delegate, and then exulting over the defeat of loyal men.\\nThis is the real animus everywhere, as well in West Virginia as in\\nSouth Carolina, and he is either a sympathizer or blind, who does\\nnot see it. It requires time, and that self-respect and dignified de-\\nportment on our part, that shall cor.vi ice them that we know our\\nrights, and are fully determined to maintain them and the Govern-,\\nmeht in peace as we have in war that we have upheld the Govern-\\nment against their armed assaults, and that we can do it against their\\nwily machinations. Let this be done with kindness, and at the same\\ntime with proper assurance and self-respect. Such a course will in\\ntime fit them to become good citizens, and as soon as fitted, admit\\nthem cheerfully to full rights, but not before. We have been fooled\\nenough, bullied enough, damaged enough, and now are taxed enough,\\nto pay for their malicious devilment, not to submit to more in any\\nform. The loyal voters will challenge, as a general thing, only such\\nas the public good requires to be challenged and as fast as they\\ncome to deserve, they will be restored. This is exactly the course\\nthe Government is now pursuing with the rebels. It treats them as", "height": "4160", "width": "2572", "jp2-path": "formationofstate00park_0_0270.jp2"}, "271": {"fulltext": "257\\nconquered public enemies everywhere, without any other rights than\\nwere conceded in the terms of surrender without citizenship, incapable\\nof voting, or being elected to office, until the Government wills it.\\nIt was on this ground the Government set aside the recent election\\nat Richmond. Now, these rebels have the same political status in\\nwhatever State they may reside only, President Johnson expressly\\nexcludes from the benefit of his proposed amnesty all that left our\\nlines and went over and joined the rebels; and to this class belong\\nmost of the returned West Virginia rebels that Mr. Lamb and his like\\nseem so desirous to have restored and try their hand at voting.\\nBut he says the law is unconstitutional, and seriously advises the\\nSupervisors and Inspectors throughout the State generally gen tie\\ntlemen not learned in the law to disregard it, and thereby set them-\\nselves above the Legislature, which is supposed to contain the best\\nlegal talent and wisdom of the State. Why, it is very seldom that a\\nCircuit Judge will undertake to declare a law passed by the Legisla-\\nture Unconstitutional, but obeys and refers the question of its Con-\\nstitutionality to the decision of the Court of Appeals.\\nI deny thai this law is Unconstitutional. The Rebels whom it is\\ndesigned to exclude from voting until they have repented, ceased to\\nbe citizens of this State and the United States, and forfeited all po-\\nlitical and civil rights when they joined the Rebellion, and have nev-\\ner regained them as the present dealings of the Government with\\nthem everywhere fully demonstrate. On this principle of public\\nlaw that citizens when they turn traitors and public enemies forfeit\\ncitizenship and all civil and political rights the Government oi Vir-\\nginia was re-organized, and upon that re organization the New State\\nitself rests. And now these sympathizing lawyers, hoping doubtless\\nto gain the Rebel votes, welcome all such as have survived the terri-\\nble struggle at arms back to the full enjoyment of their former rights,\\nwhile their hands are still red with patriots blood. The moral sense\\nof the community will never submit to it. Sympathizing and inter-\\nested lawyers may spin their threads of sophistry, but an insulted,\\noutraged and indignant people will never submit. And they would\\nbe unworthy of their State and her heroes, living and dead, if they\\nshould do it. The loyal voters should challenge every Rebel who\\nthey believe has not repented, and let all others vote. All loyal vot-\\ners will cheerfully submit to take the Oath, but skulking Copperheads\\nand Rebel Sympathizers may have qualms of conscience.\\nWest Virginia rebels have committed triple treason against the\\nH2", "height": "4160", "width": "2556", "jp2-path": "formationofstate00park_0_0271.jp2"}, "272": {"fulltext": "258\\nUnited States against the re-organized Government, and the Gov-\\nernment of West Virginia. Who has washed them of this triple-\\nguilt The President can only remit for the United States. The\\nState of West Virginia can only remit for the re-organized Govern-\\nment, and itself. Has either done it If so, when, how and where\\nAs they are not citizens of the United States, but conquered public\\nenemies, they are not citizens of the State of West Virginia, and,,\\ntherefore, not voters. The Convention that re-organized the Gov-\\nernment in 1 86 1, by solemn ordinance declared all such as adhered\\nto, and supported the Convention at Richmond or the so-called Con-\\nfederate States, or professed to owe allegiance or obedience to either,\\nbecame thereby subjects or citizens of a foreign State or pewer\\nat war with the United States, and authorized the Government tc*\\narrest and compel their* to depart from, the State and this was an,\\naffirmation, of a law of Virginia as old as the State itself. And evert)\\nif the President had the power, and had, since the war ended, made\\nthem citizens of the United States, still they would have to reside in\\nthis State a year thereafter, before they would be entitled to vote.\\nNow it is made the express duty of the Supervisors and Inspectors\\nto ascertain, and decide who are qualified voters, amd to determine\\nthe fact,. a$e authorized to examine the person offering to vote upon\\nhis oath in respect to his citizenship,, residence, age, and other facts\\nconnected with his qualification. See acts of the legislature 1863,.\\npage 1 19,. chapter 100, sections 23-24. Nobody will doubt but this\\nlaw is Constitutional. Nor would there be any donate* if the Legisla-\\nture had prescribed certain questions to be propounded and answer-\\ned, instead of leaving the framing of these questions to the Super-\\nvisors and Inspectors, Nor would there be any doubt if the Legisla-\\nture had prescribed the form of an oath to be taken before voting,\\nwhich embraced the pre requisite facts of citizenship, residence,\\nage, c.\\nNow the test oath which Mr.. Lamb says is Unconstitutional, and\\nso palpably so as to justify Supervisors and Inspectors disregarding,\\nit, notwithstanding their oaths to uphold the la t w r is such a form\\nonly it is confined to the question of citizenship whether the person,\\nhas the requisite citizenship, or whether he has forfeited it by com-\\nmitting well defined acts of treason against the United States, the\\nre-organized Government or the State of West Virginia. See acts of\\nthe Legislature, 1865, page 47. Where then is the unconstitutionality?", "height": "4156", "width": "2572", "jp2-path": "formationofstate00park_0_0272.jp2"}, "273": {"fulltext": "\u00e2\u0080\u00a2259\\nThe moment a citizen committed one of the acts of treason he ceas-\\ned to be a citizen of the State of West Virginia, and of course a\\n\u00e2\u0080\u00a2voter.\\nArticle n, Section 6, of the Constitution of West Virginia, reads\\nthus The citizens of the State are the citLaesns rf the United\\n^States, residing therein.\\nArticle 3, Section r, reads thus The white m \\\\e citizens of the.\\n\u00e2\u0096\u00a0State shall be entitled to vote at all elections held within the election\\n\u00e2\u0096\u00a0districts in which they respectively reside. But no person -who is a\\nminor, or of unsound mind, or a pauper, or who is tinder conviction\\nof treason, felony or bribery in any election, or who has not been a\\nresident of the State for one year 5 or of the County in which he\\n\u00e2\u0080\u00a2offers to vote for thirty days next .preceding such offer, shall be per-\\nmitted to vote while such disability continues.\\nIt will hardly be contended that the rebels wTao left their homes in\\nWest Virginia to participate in the rebellion, have continued their\\nresidence in this State? especially when the acts of our Legislature\\nhave uniformly recognized them as rwn residents^ and authorized legal\\nproceedings against their property as being nan residents. How\\nthen can such be said to have been residents of this State for the\\nyear next preceding the. election J This also is a sufficient ground for\\nexcluding their votes at the coming election.\\n-No one would be more gratified than myself if all the rebels were\\nsnow so purged of their venom as to be entitled to vote but it must\\ntake time to accomplish this desirable object and I believe all hon-\\nest and sensible men, even including the rebels, will secretly, if not\\nopenly, acknowledge that the measures I have suggested are best\\nadapted to work a speedy and thorough regeneration.\\nG. PARKER,\\nWellsburg, September 13, 1865.\\nAt -the October .election, 1-865, t he law in question was very gen-\\nerally enforced throughout the State, by the firm hand of Governor\\n\u00e2\u0080\u00a2Boreman, and the conductors of the election.\\nThe Conservative Party/ then headed by Colonel Benjamin H.\\nSmith\u00e2\u0080\u0094 -probably their ablest constitutional lawyer, and aspirant for\\n-the gubernatorial chair at the first opportunity\u00e2\u0080\u0094 saw the necessity", "height": "4160", "width": "2556", "jp2-path": "formationofstate00park_0_0273.jp2"}, "274": {"fulltext": "2 GO\\nthat some Judge of competent power should declare the law Uncon-\\nstitutional. Judge James Loomis, of the Sixth Judicial Circuit, at a\\nsession of his Court in Roane County, held soon after the election,\\nso pronounced it in his instructions to the Grand Jury which their\\npartisan press blazoned wide, denouncing Attorney General Hall for\\nhis official opinion asserting the Constitutionality of the law, with\\nsuch others as had agreed with him. In reply to these I published\\nthe following letters in the Intelligencer\\nJUDGE LOOMIS INSTRUCTIONS TO THE GRAND JURY\\nOF ROANE COUNTY UPON THE TEST OATH LAW.\\nI read in the Weekly Parkersburg Gazette, of the 30th ult., sent\\nme by a friend, a communication headed Judge Loomis and the\\nTest Oath Important Opinion, with some remarks reflecting dis-\\ncourteously, to say the least, upon Attorney General Hall, et id\\nomne genus using the author s language, which means all others of\\nhis description, or that agree with him. At the time of the combined\\ncopperhead attack upon this law prior to the election, though not a\\npartisan, nor seeking any office, but only a voter and one of the\\nloyal people, to whom I had supposed the Government belonged I\\nventured to express my views as fully as my time would then permit,\\nwhich happened to agree with Mr. Hall s. I have since considered\\nthe subject and read most of the remarks of gentlemen for and\\nagainst its Constitutionality, and my views are unchanged. The only\\ndoubt I entertained at the time was, whether any person who had\\nceased to be a citizen of the United States, and, as a consequence, of\\nWest Virginia, by committing overt acts of treason against the United\\nStates, had been restored to his former citizenship and had thereafter\\nresided in the State one year next before the passage of the test oath law,\\nthe 2$th of February, 1865. That every citizen of the United States,\\nwho has during the recent civil war, committed overt acts of treason\\n(and these enumerated in the test oath of which he is to purge him-\\nself, are such) thereby forfeited his political, if not civil rights, under\\nthe Government, and consequently his citizenship of this State, if he\\nwere one before, mnst be clear to all legal as well as common sense\\nminds and has been so settled by the concurrent opinions of the\\nbest writers on International law, and decision of the Supreme Court", "height": "4156", "width": "2572", "jp2-path": "formationofstate00park_0_0274.jp2"}, "275": {"fulltext": "261\\nof the United States in the case of Amy Warwick, decided in 1863,\\nand reported in 2d Black s R., page 667. The moment they com-\\nmitted any of these acts they forfeited at least their political rights,\\nand became public enemies.\\nA civil war, says Vattel, breaks the bands of society and\\nGovernment produces in the nation two independent parties, who\\nconsider each other as enemies, and acknowledge no common judge.\\nBurlamaqui says, by a state of war that of society is abolished.\\nB vxkershoeck and Wheaton take the same view; and Judge Greer\\nin giving the opinion of the court in the case of Amy Warwick, thus\\nlays down the law in the case of our recent civil war The law of\\nnations is also called the law of nature it is founded on the common\\nconsent as well as the common sense of the world. It contains no\\nsuch anomalous doctrine as that which this court is now, for the first\\ntime, desired to pronounce, to -wit That insurgents who have risen\\nin rebellion against their Sovereign, expelled her courts, established\\na Revolutionary Government, organized armies and commenced hos-\\ntilities are not enemies because they are traitors and a war levied\\non the Government by traitors, in order to dismember and destroy it\\nis not a war because it is an insurrection. They have cast off their\\nallegiance to their Government, and are none the less enemies because\\nthey are traitors\\nIt was the moral sense of the copperhead advocates, then, that by\\ntheir treason the rebels had lost no rights, and the same now but\\nthe Supreme Court thought otherwise. Then, as now, the copper-\\nheads saw nothing improper in permitting a rebel to drive his dagger\\nto the heart of the Government and loyal neighbors with one hand,\\nand at the same time put his vote into the ballot box, and help to\\nadminister that Government, with the other\\nI trust that no one will contend that W T est Virginia was bound to\\nretain as her citizens, denuded rebels, after they had become so shorn\\nof all political if not civil rights, by the United States, whose citizen-\\nship our Constitution has adopted and agreed to abide by but not\\nto take traitors as denuded and stripped of all national rights, until\\nthat nation shall have reclothed them with full and complete citizen-\\nship\\nWebster, in his dictionary, defines a citizen of the United States\\nthus A person, native or naturalized, who has the privilege of\\nexercising the elective franchise or the qua I if cations which 01 able him", "height": "4160", "width": "2592", "jp2-path": "formationofstate00park_0_0275.jp2"}, "276": {"fulltext": "262\\nio vote for rulers, and to purchase and hold real estate. Does a\\ndenuded and stripped rebel fill this bill Nor does it make any differ-\\nence what part of the United States one happened to reside, when\\nhe commits the overt act of treason the effect is the same the mo-\\nment he becomes a public enemy, Chief Justice Marshall, in\\nthe trial of Burr, decided that after a civil war had been levied, all\\nwho adhered to the enemy, giving him aid and comfort, were equally\\nguilty, wherever living in the country, or however remote from the\\nscene of actual hostilities.\\nThe next question is, had any of the West Virginia rebels, thus\\ndenuded of their rights by treason, been restored and clothed anew\\nwith full citizenship, and had resided after being so restored in this\\nState for a year next preceding the 25th of February, 1865, when the\\ntest oath was passed If there was none, then it is clear the test\\noath could exclude no one at the time it was passed from voting, who\\nhad the qualifications required by our State Constitution, and was\\ntherefore Constitutional. And if Constitutional when it passed, no\\nsubsequent events could render it unconstitutional, though they might\\nfurnish good ground for modifying the law by subsequent legislation.\\nThe first opportunity the Government gave these denuded rebels\\nto return and reclothe themselves with former rights, was Mr. Lin-\\ncoln s first amnesty proclamation., issued the 8th December, 1863,\\nwhich required them to take the oath therein prescribed, and faith-\\nfully keep it thereafter, or they gained nothing. Now between that\\ndate and the 25th February, 1865, when the test oath was passed, was\\none year, two months and seventeen clays. Where is the denuded\\nWest Virginia rebel who took that oath during the -first two months\\nand seventeen days after that proclamation was issued, and faithfully\\nkept it afterwards I have yet to learn of one such. The Confed-\\nerate stock stood high then those that came in and took the oath, if\\nany, did so to spend the winter at home and steal their loyal neigh-\\nbors horses and rejoin the rebel army in the spring. I have been\\nable to hear of none others* The non-combatant rebels at home\\nwho harbored and gave secret aid and comfort in a thousand ways\\nand became thereby equally guilty, of course did. not avail themselves\\nof the oath, as their plan and policy were all the while, to conceal their\\nguilt. During these two months and seventeen days no Federal\\nCourt was in session in West Virginia wherein these oaths could have\\n.been taken. The various oaths repeatedly taken and broken before", "height": "4160", "width": "2652", "jp2-path": "formationofstate00park_0_0276.jp2"}, "277": {"fulltext": "263\\nthe military authorities, before the amnesty proclamation was issued,\\nthe 8th December, 1863, conferred upon the taker no political rights\\nor citizenship, but only a right to be protected within our lines so\\nlong as they behaved themselves. If any denuded rebel took the\\namnesty oath and kept it after the two months and seventeen days,\\nthat is, after the 25th of February, 1864, he was not entitled to vote\\nat the time the test oath was passed, the 25th of February, 1865, for\\nhe had not been a resident of the State within the meaning of our\\nConstitution for a year after being so restored, Until they took the\\namnesty oath in. good faith and kept it, they were public enemies,\\nwhom our Legislature expressly declared to be non-residents, 7 and\\nauthorized their property to be proceeded against as such, and the\\nlawyers who are now so confident their rights and residency have\\nnever ceased, or been interrupted, sued out processes upon their\\nproperty upon this very ground, and our Judges, including Judge\\nLoomis, sustained the proceedings.\\nThe next question is, does the test oath as called require any other\\nor further qualification of the person offering to vote than our Con-\\nstitution requires If it does, then I admit, it is to that extent un-\\nconstitutional. But if on the contrary, it is only a mode or means of\\nenabling the Supervisors and Inspectors to ascertain whether the\\nperson, in case he shall be challenged, has the qualifications required\\nby the. Constitution, then it is clearly within the discretion of the\\nLegislature to prescribe, and therefore Constitutional. This is the\\nlanguage of the oath\\nI, A. B., (name of affiant,) do solemnly swear that I have never\\nvoluntarily borne arras against the United States, the re-organized\\ngovernment of Virginia, or the State of West Virginia that 1 have\\nnever voluntarily given aid, comfort or assistance to persons engaged\\nin armed hostility against the United States,, the re-organized govern-\\nment of Virginia, or the State of West Virginia j that I have not at\\nany time sought, accepted, exercised, or attempted to exercise any\\noffice or appointment whatever, under any authority or pretended au-\\nthority hostile or inimical to the United States, the re organized gov-\\nernment of Virginia, or the State of West Virginia that 1 have not\\nat any time yielded a voluntary support to any government, or pre-\\ntended government, power or Constitution within the United States,,\\nhostile or inimical thereto, or hostile or inimical to the re-organized", "height": "4160", "width": "2588", "jp2-path": "formationofstate00park_0_0277.jp2"}, "278": {"fulltext": "264\\ngovernment of Virginia, or the State of West Virginia that T will\\nsupport the Constitution of the United States, and the Constitution\\nof the State of West Virginia and that I take this oath freely, with-\\nout any mental reservation or purpose of evasion.\\nNow, I submit that there was no person in West Virginia who had\\ncommitted any of the acts enumerated in this oath (except taking of\\nthe oath of allegiance mentioned at the close) prior to February 26th,\\n1865, that had at that date the qualifications to vote that were re-\\nquired by our Constitution. Both the language and the spirit of the\\noath require that the disqualifying acts therein enumerated, should\\nhave been committed within the limits and when citizens of the\\nUnited States. Each of the acts enumerated would be clearly overt\\nacts of treason against the United States, for if aimed at the re-or-\\nganized Government, or Government of West Virginia, the clear legal\\ninference is, they were done in furtherance of the gigantic rebellion\\nand conspiracy, which aimed at the overthrow of the United States\\nGovernment. Every person therefore that had committed any of\\nthese acts, had thereby made himself a public enemy, and as such,\\nhad forfeited at least his political rights under the United States,\\nand so far lost or impaired his citizenship of the United States as to\\nbe unable to fill the call of our State Constitution, which is for a\\nwhole, perfect citizen of the United States, and not such a shorn and\\nskeleton object as his treason shall have rendered him.\\nIs there anything in the mode or form that can render this act un-\\nconstitutional There is always a strong legal presumption in favor\\nof the constitutionality of a law, passed as it is, by the Legislature, and\\nco-ordinate branch of the government, which is supposed to be com-\\nposed of the best character and talent of the State, and under\\nsolemn oath to protect and support the Constitution, and not to\\nattempt a violation of it by its legislation. At the commencement\\nof the Government the first legal intellects doubted if it was com-\\npetent for the Courts to declare a law unconstitutional which the\\nlegislative branch, upon their oaths, had pronounced to be constitu-\\ntional, and deliberated if the question ought not to be submitted to\\nthe people who are the source of all power. But finally the Supreme\\nCourt of the United States with Chief Justice Marshall at the\\nhead, after considerable hesitancy, decided it would be competent in\\ncases where the law was manifcMjj against the Constitution, but in", "height": "4160", "width": "2656", "jp2-path": "formationofstate00park_0_0278.jp2"}, "279": {"fulltext": "no other cases. So great and grave a question was not then flippantly\\ndisposed of as by the copperhead or interested lawyers, and some\\njudges of our inferior courts at the present day.\\nThe Constitution prescribes no particular mode in which the judges\\nof elections shall ascertain the qualifications of persons offering to\\nvote, but leaves this part wholly to the discretion of the Legislature,\\nas the Constitution of the mother State has ever done. Our first\\nLegislature in the act prescribing the mode of holding elections by\\nthe people, passed November 13th, 1863, section 24 of that act, pro-\\nvides as follows The supervisor or either of the inspectors is here-\\nby authorized to administer said oath, (that is the oath of allegiance)\\nand also to swear any person to answer questions respecting any\\nright to vote which is claimed. As broad an authority has been ex-\\nercised by the superintendents of elections in the mother State since\\nher foundation without any objections. Under these acts it has uni-\\nformly been held competent for the superintending officers to swear\\nany person offering to vote, whether challenged or not, and to inter-\\nrogate him to any length deemed necessary, touching his qualifications\\nor any right to vote, as the language of the statute is, his citizen-\\nship, residence, age, Szc. Now suppose the Legislature had prescrib-\\ned a set of questions, pertinent to the various elements of qualifica-\\ntion, which constitute his right to vote, or had prescribed the form of\\nan affidavit which embraced all the pre-requisite qualifications, as\\ncitizenship, residence, age, c, or any one of them, and required the\\nperson offering to vote, if challenged, to subscribe and make oath to\\nthe same, which could be filed away and preserved. Either of these\\nmodes of ascertaining would certainly be within the power of the\\nLegislature to prescribe, and therefore Constitutional. Is what is\\ntermed the test oath any more than such an affidavit framed by the\\nLegislature for the purpose of ascertaining the pre-requisite qualifi-\\ncation of citizenship in a time of civil war, which her former citizens were\\ndaily forfeiting by committing acts of treason, and when oaths were\\nbroken as soon as taken in a form to be filed and preserved as evi-\\ndence against the person taking it\\nThese are the views I aimed to give in my former letter before the\\nelection, though I had not time then to fully elaborate and explain\\nthem.\\nThe article in the Gazette has served to revive the subject, and the\\nJudge s instructions have shown a peculiar pliability, though a Union\\nI2", "height": "4160", "width": "2524", "jp2-path": "formationofstate00park_0_0279.jp2"}, "280": {"fulltext": "266\\nman, no less than the impregnability of the law. I would simply inr-\\nquire of the learned Judge whether an unrestricted exercise by the\\nsupervisors and inspectors of the right to examine on oath any and!\\nevery person offering to vote, whether challenged or not, in respect\\nto each and all the pre-requisite qualifications of the right to vote r\\nand not as he supposed, whether such person comes within the ex-\\nceptions, and is challenged would not as much tend to exclude any\\nand all persons offering to vote as it would to simply require them\\nto sign and make oath to the form prescribed by the said act in case\\nof challenge And if so, why the former mode which he says is not\\nonly the right, but the duty of supervisors and inspectors to exercise,\\nis not as much a violation of the Constitution, as the latter\\nThe gratulatory effusion of his friends over this quietus of the\\nJudge, as they style it, serves only to remind me of the couplet irv\\nHudibras, which describes so graphically a famous gun, that,\\nWhen discharged at duck or plover,\\nShoots wide, and Jsmocks the owner over.\\nG. PARKER.\\nWellsburg, December 8th, 1865.\\nThe Counties of Berkeley and Jefferson\u00e2\u0080\u0094 their people not having;\\ncomplied with the conditions prescribed in the Constitution and\\nschedule, were not included in the Act of Congress 7 admitting the\\nState of West Virginia. Their people, however r complied soon after-\\nwards, and as they said, as soon as the riddance of the Rebel arms\\nwould allow and the Legislatures, of the Re-organized Government\\nof Virginia,, and West Virginia, consented that they might become\\npart of West Virginia; which thereupon, assumed and exercised juris-\\ndiction, to which the loyal portion submitted. Our authorities and\\nofficers, including members of Congress, regarded this as sufficient^\\nwithout further consent of Congress which consent could have been\\nobtained at any time during the three years, on asking, as Mr. Dawes\\nsaid in the course of the discussion that afterwards occurred; while no-\\none could doubt but that the Legislature of the Re-organized Gov-\\nernment of Virginia, then at Alexandria, would, as soon as the Rebel-", "height": "4160", "width": "2580", "jp2-path": "formationofstate00park_0_0280.jp2"}, "281": {"fulltext": "267\\nlion ceased,. repeal its former consent and retain these Counties, if\\npossible.\\nAt a former session of Congress, the necessity for further consent\\nby Congress arose before the Committee on Elections of the House,\\nin the case of McKendsie vs. Ketchem, of which Committee Mr.\\nDawes, of Massachusetts, was Chairman, and made a unanimous re-\\nport that the consent of Congress was necessary for the transfer of\\nthese Counties to West Virginia and suggested to our members the\\npropriety oi obtaining it without delay. But our members, as well as\\nState officers, continued to regard it unnecessary. And the late Mr.\\nVan Winkle, one of our Senators in Congress at the time, who, as\\nrepresentative of the Baltimore and Ohio Railroad Company, also\\ndesired the transfer undertook, through the press, to impugn the\\n\u00e2\u0080\u00a2decision of Mr. Dawes, his Committee, and the House.\\nA pretty lengthy discussion followed Mr. Dawes maintaining that\\nthe decision, of his Committee was correct, while Mr. Van Winkle\\nand the late Hon. Benjamin Stanton, who had come -to his assist-\\nance, contended for the reverse Mr. Van Winkle, because the\\nnegotiation by which they were acquired, was not such agreement\\nor compact between States as required the consent of Congress;\\nwhile Mr. Stanton contended that if it was such a compact, the\\nConstitution of West Virginia, which Congress had assented to, auth-\\norized the transfer.,; and second, that the conceded powers of adjoin-\\ning States to fix .and -re-mark divisional lines, authorized it without\\nconsent of Congress,\\nAnxious to save the Counties to our State, I .ventured to publish\\nthe following letters:\\nPRESENT LEGAL STATUS OF BERKELEY AND JEFFER-\\nSON COUNTIES.\\nThis is a subject in which our loyal people feel a deep interest,\\nand hence have read with great care the recent correspondence in\\nyour columns between Mr. Dawes on the one side, and Messrs.\\nVan Winkle, Stanton and others,, on the other. For my own part.", "height": "4156", "width": "2532", "jp2-path": "formationofstate00park_0_0281.jp2"}, "282": {"fulltext": "2G8\\nI can say I have never entertained a doubt on the subject, and, if I\\nhad, this correspondence would certainly have removed it. The\\nloyal people thus far, by the aid of friends residing in other States,\\nhave been able to inaugurate, complete and sustain the new State,\\nwithout, and often against, the efforts and machinations of preten-\\ntious political leaders who have talked one way and worked the other\\nnow feel constrained to make an effort to rescue the above Counties\\nfrom the eminent peril they have been purposely or ignorantly, and\\ncertainly unnecessarily, gotten into and secure them as legitimate\\nparts of the new State. That they are not so now must be evident\\nto all those who have read the correspondence. The two letters of\\nMr. Dawes, as well as his Report at the last session of Congress, as\\nChairman of the Committee on Election, in the case of McKendzie\\nvs. Ketchem, where the point came directly in issue, and in which\\nthe Committee was unanimous, affords conclusive evidence, not only\\nof what the law ought to be, but of what it has been settled to be\\nby the Supreme Court of the United States, viz That no compact\\nor agreement between the two States which changes the boundary\\nand jurisdiction between them, is valid unless consented to by Con-\\ngress. The consent of the three powers must be had before the\\nchange is consummated. These consents, too, must concur or co-ex-\\nist at the sa?ne time. If the two States interested agree, and before\\nCongress gives its consent, one of the two States revokes, as it may,\\nthe negotiation fails, and the consent of Congress afterward cannot\\nsave for at no time does the consents of the three parties concur or\\nco-exist. Nor, as a general rule, can the performance of any acts by\\neither State in pursuance of such inchoate agreement estop the other\\nfrom receding before Congress consents, or impose any especial obli-\\ngation on Congress to assent. To admit a power in two States to\\nimpose such an obligation, would impose restrictions on the discretion\\nof Congress not allowed by the Constitution.\\nIt is a well settled principle of law that owners of adjoining lands\\nmay ascertain, and re-establish a dividing line without exchanging any\\ndeeds, which are required to pass title and the reason is, there is no\\npassing of title or changing of boundary, but only a finding, fixing\\nand re-establishing the old boundary line. Of course States may do\\nthe same thing without the consent of Congress, as it does not change\\none title, the true limits of their respective territory or jurisdiction, or\\ninvolve a compact or agreement of the political character contempla-\\nted by the Constitution.", "height": "4160", "width": "2608", "jp2-path": "formationofstate00park_0_0282.jp2"}, "283": {"fulltext": "269\\nBut to infer from this that two States can agree to transfer from\\nthe territory and jurisdiction of one to that of the other, two old,\\nwell defined and regularly organized Counties like Berkeley and Jef-\\nferson, which, together, contain 410 square miles, and in i860, 27,128\\ninhabitants, and change all their existing national relations as parts of\\nthe old State, as military, judicial, congressional and internal revenue\\ndistricts, with the numerous post offices, c, all fixed in the national\\norganism as being parts of Virginia, and instead of straightening the\\nline make it a complete zigzag without the consent of Congress, is\\nsimply absurd. If two Counties can be so transferred, why not ten\\nor twenty and if twenty, why not all the Counties of Virginia? and\\nso the old State, one of the essential members of the national organi-\\nzation, will become merged and disappear, together with its Senators\\nand other Congressional representatives. Nor would the consolida-\\ntion stop here others would follow and our present beautiful system\\nbecome a consolidated Empire, worse by far than secession. This I\\nsubmit is the legitimate consequence of the principle if established.\\nThe only known way of one State acquiring territory and jurisdic-\\ntion from another is by purchase, which implies compact or agree-\\nment, or by conquest, which implies force. The gentlemen will not\\ncontend that they have acquired it by the latter, whatever may be\\ntheir future intention. Of course it can only be done by compact or\\nagreement between the States, contemplated by the Constitution as\\nrequiring the consent of Congress.\\nThe interest which it is essential for the nation to protect and\\nguard, and so entitle it to a voice, cannot, I submit, be confined to\\nland or territory as Mr. Stanton seems to suppose, but must extend\\nto its right of eminent domain, and to the preservation of its political\\norganization.\\nIt is submitted that the cases cited by both parties, establish this\\ndoctrine. The early cases of the Virginia legislation cited by Mr.\\nStanton, import on their face onlv to re-establish and re-affirm\\nboundaries, which had been previously declared and assented to by-\\nCongress merely acceptances and affirmations of reports of sur-\\nveyors or commissioners, who had been appointed to actually run and\\nmark the lines called for in the previously existing compacts of ces-\\nsion, to which Congress had assented.\\nJn the case of Green vs. Biddle, VIII Wheaton, page 1, express-", "height": "4160", "width": "2524", "jp2-path": "formationofstate00park_0_0283.jp2"}, "284": {"fulltext": "270\\n)y affirms the law to be as I have stated, and that It was not neces-\\nsary the compact should be in any particular form The substance\\nonly was to be looked at.\\nIn the case of Poole et als vs. Freegen, et als f XI Peters, p. 185, which\\nis directly in point, and the court say, in speaking of the right of States\\nto fix or alter boundaries, that they have a right, but that its exercise\\nis guarded by a single limitation or restriction, which is the consent of\\nCongress In the last case the jurisdiction of the States of Ken-\\ntucky and Tennessee were in question, and also titles to lands, but to\\nno land in which the United States had any interest as owners. Its\\nonly interest was to preserve and protect its rights of eminent domain\\nand its political organism.\\nThe second position taken by Mr. Stanton that Congress, by ad-\\nmitting the State of West Virginia with a Constitution containing this\\nclause, additional territory may be admitted into and form part of\\nthis State with the consent of the Legislature, did give its consent.\\nI remember distinctly the debate in the Convention that formed the\\nConstitution for West Virginia, upon this clause, and what its intent,\\nobject and purpose were as contemplated by the Convention. The\\nwhole debate was whether the acquisition of new territory should be\\nby the consent of the Legislature, or by direct vote of the people.\\nThe question was considerably discussed, and finally decided to be\\nleft to the Legislature. It was not contemplated by any member at\\nthe time, nor was it any part of its purpose, to get from the Congress\\nthat might admit the new State under the Constitution we were form-\\ning, a (arte blanche for all future time, to swallow up adjoining States,\\nor parts thereof, without further consent of Congress, whether done\\nunder pretense of straightening lines or others equally absurd. Its\\nobject was confined to internal State policy only.\\nBut if the Convention had contemplated the getting of such unpre-\\ncedented authority by such disingenuous means, Congress was careful\\nnot to grant it. For by its act admitting the State, it expressly nega-\\ntives any such intent or inference by enumerating each of the forty-\\neight Counties it consented to have form the new State, and thereby\\nfixed and established conclusively the boundaries. There is not a\\nword in this act to authorize the inference Mr. Stanton attempts to\\ndraw, but its whole letter and spirit is a complete negative of any\\nsuch intent on the part of Congress.\\nThe vital question now is, can the Counties yet be saved and if", "height": "4156", "width": "2608", "jp2-path": "formationofstate00park_0_0284.jp2"}, "285": {"fulltext": "271\\nso,- how Can the required consent be- obtained before the Legisla-\\nture of the mother State shall repeal her acts consenting to the ces-\\nsion passed the 31st January and 4th February, 1863. Both Con-\\ngress and the Legislature of the mother State are to convene the first\\nMonday of December next.\\nG. PARKER.\\nWellsburg, September 13, 1865.\\nTHE LEGAL STATUS OF JEFFERSON AND BERKELEY\\nCOUNTIES, ONCE MORE.\\nI perceive from your remarks in yesterday s paper, that the oppo-\\nsition seem to avail themselves of some suggestions I made through\\nyour paper the 13th of October last, touching the present legal status\\nof Berkeley and Jefferson Counties, from which some may infer it\\nwas these suggestions of mine, that first gave them the idea of re-\\npealing the acts of cession passed by the Legislature of the mother\\nState, January and February, 1863, before Congress could have time\\nto give its consent and consummate the transfer. I did not suppose\\nthere was any respectable lawyer in Old Virginia, who did not already\\nsee this obvious means they possess to attempt, at least, a rescue of\\nthese Counties as soon as their Legislature convened, and that they\\nwere prepared to make the attempt as the first act done. If I had\\nthought otherwise, I certainly should not have made the suggestions.\\nMy object in making the suggestions was to stop, if possible, what\\nappeared to be a blind, dogged and damaging, with our friends, per-\\nsistency by one of our public servants who had assumed the charge\\nof this matter since he has been in Congress, and who had suffered\\ntwo sessions to pass without making an attempt to procure what it\\nseems, from Mr. Dawes statement, Congress has always been ready\\nto grant, and to awaken him to a sense of the danger there was of\\nlosing the Counties altogether, and that we should make, though late,\\na vigorous attempt to save them yet, by securing the consent of Con-\\ngress before the mother State could repeal. This was my object\\nbut it would seem I woke up the wrong passenger, for aught I can\\nlearn, our persistent Senator still persists, with his head against the\\npost, while the opposition appear to be profiting by the suggestions.", "height": "4160", "width": "2532", "jp2-path": "formationofstate00park_0_0285.jp2"}, "286": {"fulltext": "272\\nThe repeal by the mother State will now probably ta ke^placc before\\nCongress can give its consent. But still, Congress can give its con-\\nsent and leave the Courts to decide whether the mother State lias,\\nby her acquiescence in the exercise of jurisdiction by the new State\\nover these Counties for near three years, estopped herself from with-\\ndrawing her consent at so late an hour. The Enquirer may as well\\nhope for a retrocession of what formerly constituted the Northwestern\\nTerritory, with all the great States that have been erected thereon,\\nas for the return of the people of West Virginia to so unfeeling and\\nunnatural a mother. Respectfully,\\nWellsburg, Nov. 21, 1865. G. PARKER.\\nOn the assembling of the Legislature of the re-organized Govern-\\nment of the mother State, at Richmond, the first Monday of Novem-\\nber, 1865, its first act was to pass a law repealing the former Act,\\nceding these Counties to West Virginia. Our members, at, or about\\nthe same time, introduced a bill in Congress, asking for its consent,\\nor conformance of the cession of these Counties to West Virginia.\\nCongress passed an Act doing all then in its power to confirm the\\ncession; but its passage was subsequent to the repealing Act of the\\nmother State.\\nThe suit of Virginia against West Virginia, in the United States\\nSupreme Court, to recover these Counties was. the consequence in\\nwhich, as is known, we ultimately prevailed after large cost and ex-\\npense; but not on any of the grounds our officers, members or friends\\nhad relied on, and argued through the newspapers, but because the\\nCourt stood equally divided, with the affirmative resting on the\\nplaintiff, or because her acts and acquiescence for so long a time had\\nestopped her. I do not recollect on which of the two the Court\\nfinally disposed of the case in our favor.", "height": "4156", "width": "2580", "jp2-path": "formationofstate00park_0_0286.jp2"}, "287": {"fulltext": "273\\nAfter our Legislature had met, in 1866, I published the follow-\\ning, which speaks for itself:\\nTHE STATE S INTEREST IN INTERNAL IMPROVE-\\nMENTS\u00e2\u0080\u0094WHAT SHOULD BE DONE WITH IT?\\nI perceive that during the first four days of its session, our Legis-\\nlature was asked to appropiiite $298,000 to repair turnpikes and\\nbridges, and to build new ones. This startling amount, at so early a\\nstage, is asked by gentlemen from almost every part of the State, to\\nbe expended in their respective neighborhoods. However other\\nthings may have been depressed by the war, the system of log roll-\\ning, so long the curse of the mother State, seems to have accumu-\\nlated vigor and reappears in an enlarged form, as the demands so far\\ngreatly exceed those of i860 for similar purposes. It is undoubtedly\\ntrue that the war has caused these improvements generally to be neg-\\nlected and get out of repair, and in some instances the bridges de-\\nstroyed. Yet the important question now is, it seems to me, what\\nshould be the future policy of the Legislature in relation to the State s\\ninterest in these works\\nIn order to show the utter hopelessness of the State ever realizing\\nany pecuniary return for what has been already expended, or that\\nmay be hereafter expended, I will state some of the facts contained\\nin a report to the Richmond Legislature in March, i860, of a special\\ncommittee appointed to ascertain and report the condition of all\\nworks of internal improvement which the mother State was interested\\nin. It appears from this report that the State s interest in canals and\\nriver navigations was $12,404,671 83, of which $199,500 had been\\nexpended within our State upon the Coal and Guyandotte rivers, be-\\nsides that expended on this end of the James and Kanawha improve-\\nment. That of all these improvements throughout the State the\\nRoanoke navigation, on which the State had expended \u00c2\u00a38o,ooo, was\\nthe only one that paid any revenue into the Treasury, and it paid ne-\\nper cent.\\nIt also appears from the same report that the State had a 3 5 in-\\nterest in 14 bridges, which in the aggregate amounted to 8136,034 66.\\nThat none of these bridges were paying any revenue into the Treas-\\nury except the Virginia ami Maryland Company, which paid in l86o\\nK2", "height": "4160", "width": "2572", "jp2-path": "formationofstate00park_0_0287.jp2"}, "288": {"fulltext": "274\\nS450, and the Elk River $210, equal to $660, as the interest on an or/f-\\nlay oJ\\\\ $136,034 66.\\nThere were 121 Turnpike Companies with roads extending 3,384\\nmiles, in which the State had a 3-5 interest which cost $2,305,177 o9 v\\nonly 11 of which extending in the aggregate 240J miles, and costing\\nthe State $131,053 50, had paid any dividends into the Treasury.\\nThere were also 25 roads constructed, solely by the State which\\ncost $1,765,543 54 none of which were paying any revenue into the\\nTreasury.\\nAlso 10 Plank Roads in which the- State was interested to the\\namount of $410,337 53 none of which were paying an y revenue.\\nThe report then proceeds to state as follows k\u00c2\u00a3 The whole interest\\nof the State in minor improvements,, including Turnpikes, Plank,\\nRoads and Bridges is $4,617,092 82, and the amount, productive is\\n$140,133,50 yielding in. ail an annual revenue of $3,09800, or\\n7 -1000 of i per cent, on the 7uka-/e invasimeut im such works. Your com-\\nmittee have reasons for believing, that in many of the small improve-\\nments conducted, on. what is called the two and three-fifths, principle\\nthere is no investment of private capital whatever. The contractors\\nsometimes- subscribe the 2-5. The 31-5. are then drawn from- the State.\\nThe contractors secure the constructing of the improvement at such\\na figure, that the State s money is sufficient not only to pay for all the\\nwork done, but to pay a handsome profit to those who handle it/ and\\nrecommend the State to sell and get rid. of its entire interest,, refer-\\nring to the course that had been taken by other States to- their great-\\nadvantage.\\nNow in view of these facts r the convention that framed and people\\nthat ratified our State Constitution, intended to put an end to this\\nruinous, policy 7 and forever divorce the State Government from all\\nenterprises of this kind,, and confine its action, to its appropriate du-\\nties of making, and administering wholesome laws; and hence, by the.\\n8th Article, prohibited the Legislature giving the credit of the State\\nto, or assuming any existing liability of any County, city, town, or cor-\\nporation, or subscribing, to the stock of any Internal Improvement\\nCompany, unless it shall pay its subscription in cash down, or provide\\nfor its payment the ensuing year.\\nNow, our people are not willing to be taxed this year, nor next, to-\\nraise money to be thrown away upon these works that have never\\npaid the mother State a cent, but bankrupted her,, as they will the", "height": "4160", "width": "2608", "jp2-path": "formationofstate00park_0_0288.jp2"}, "289": {"fulltext": "275\\n^icw State if she meddles with them for any other purpose but to sell\\nand get rid \u00c2\u00aef all, on some terms, as soon as possible. The 7th Sec-\\ntion, 8tk Article, of the Constitution authorizes the Legislature to di-\\nrect a sate, at any time, of its stocks. In most of the Turnpike Com-\\npanies k is probable, as the report states, that tiie private stockhold-\\ners have paid nothing, and unless the State shall undertake to still\\n\u00e2\u0080\u00a2carry them along, the charters will become forfeited and the Counties\\n-and towns will take and keep them in repair as free roads and at half\\nthe expense it costs the State. They have been built at State ex-\\npense, and done all they ever will in her hands, towards developing\\nand settling the country. Local enterprise alone can make them fur-\\nther serviceable in this respect. The .great lines of travel are, or are\\nto be, railroads, and mud turnpikes have become neighborhood con-\\nveniences, and should be kept up and maintained by the local popu-\\nlation, and this burden of maintaining roads should be general and\\nnot partial. And if any turnpike has not, by this time, induced set-\\ntlers enough along its line to keep it in repair, it never will. There\\n\u00e2\u0080\u00a2may be some exceptional cases where the war destroyed necessary\\npublic .structures which the local population are unable to replace, or\\nsections that have not received a fair share of public favor. If any\\nsuch cases are clearly made out, let the State give.the special aid, and\\nIn the manner contemplated by the Constitution, and not revive an\\n\u00e2\u0096\u00a0effete system that had saddled the old State with a debt of $44,000,-\\n000 in i860, and which every other State in the Union has long since\\ndiscarded.\\nG PARKER.\\nWjellsburg, January 22, 1866.\\n\u00e2\u0080\u00a2I thjnk the facts it contained had some influence with that and\\nsubsequent Legislatures, as no appropriations of consequence were,\\nor have been made for such purposes, and the State, as a general\\nthing, donated and surrendered her interest to the private Stock-\\nholders, or the Counties, requiring them to keep roads, bridges, c,\\nin repair. This Legislature also, in order to protect her loyal people\\nagainst the assaults and machinations of returned rebel politicians,\\nand their stay-at-home co-adjutors, extended somewhat the test oath\\ngave its consent to the Constitutional Amendment proposed by the", "height": "4160", "width": "2572", "jp2-path": "formationofstate00park_0_0289.jp2"}, "290": {"fulltext": "276\\npreceding Legislature as before stated, and made provision for sub-\\nmitting the same to the legal voters for ratification or rejection, the\\n4th Thursday in May then next. It also made provision for a regis-\\ntration of voters as authorized by the 12th Section of the 3d Article\\nof the Constitution, and preparatory to such election allowing none\\nto vote whose names were not registered, except persons absent\\nin the United States or State service and also provided that the\\nAct of February 25, 1865 (voter s test oath) should continue in force\\nuntil such registration should be completed, and govern the same;\\nand when such registration was completed, which was to be done by\\nMay 10, 1866, the same was to stand repealed.\\nThe proposed Amendment to the State Constitution before stated\\nhaving been ratified the 24th of May, 1866, by a large majority of\\nthe legal voters, the Conservative Party, with Col. Benjamin H.\\nSmith, as its standard bearer, and candidate for Governor, found, in\\norder to secure any chance for success at the coming fall election,\\nthat not only the Test Oath law of February 25, 1865, but also the\\nrecently ratified Amendment to the Constitution had to be gotten\\nrid of, so ex-rebels could vote. To accomplish this, the decision of\\nsome Court of competent jurisdiction seemed necessary; and the\\ncase of James D. Armstrong, a returned rebel of Hampshire\\nCounty arose. He claimed the right to be registered and vote in\\nthat County, without taking the so-called Test Oath. The Regis-\\ntrar refused to register, and on appeal to the Board of Registration\\nof that County, it also refused. At the May term of the Circuit\\nCourt of Hampshire County, said Armstrong, who had been a\\npracticing lawyer, applied to Judge Bunker, then the Judge of that\\nCircuit, for a writ of mandamus, commanding said Board to register\\nhis name without his taking the Test Oath. Judge Bunker made an\\norder, citing the members of the Registration Board to appear, and\\nshow cause, if they could, why Armstrong s name should not be\\nregistered as prayed for but escaped the final hearing and decision,\\nby exchanging with Thomas W. Harrison, then Judge of the Third\\nJudicial Circuit, who, as was represented, had two brothers that had\\nbeen in the Confederate Army made the following decision at the\\nSeptember term of Hampshire Circuit Court, 1866\\nJames D. Armstrong, Plaintiff, vs. the Board of Registration of\\nthe County of Hampshire, Defendants.", "height": "4160", "width": "2572", "jp2-path": "formationofstate00park_0_0290.jp2"}, "291": {"fulltext": "277\\nOn an application for a mandamus, requiring the Board of Reg-\\nistration of the County of Hampshire to register the applicant as a\\nvoter in the township of Romney, in said County.\\nThe process issued in this cause, at the last term, having been duly\\nserved on the members of the said Board, and it appearing by the\\nendorsement of the said Board on the application made to them, that\\nthey refused to register said applicant, unless he would take the oath\\nspecified in the third section of the registration act, passed the 23d\\nday of February, 1866, and the court being of opinion, that so much\\nof the registration act, as requires any registrar to administer the oath\\nprescribed in the third section of said law, before registering such\\nperson, is uncofistitutional, null and void being also of the opinion\\nthat the adoption of the amendment to the Constitution on the 24th\\nday of May, 1866, cannot give validity to said registration act, it hav-\\ning been passed before the adoption of said amendment: It is ordered\\nThat a peremptory writ of Mandamus be awarded, directed to the\\nmembers of the Board of Registration of the County of Hampshire,\\ncommanding them to cause the said James D. Armstrong to be reg-\\nistered as a voter in the township of Romney, in the said County, and\\nit is further ordered, that the applicant recover against the defend-\\nants his costs by him herein expended.\\nA copy Teste,\\nChas. M. Taylor, C. C. C. H. C.\\nUpon this decision I published the following remarks\\nJUDGE THOMAS W. HARRISON AND THE REGISTRA-\\nTION LAW.\\nEditors Intelligencer\\nI have read the decision of Judge Thomas W. Harrtson, in the\\nArmstrong case, with Armstrong s and your remarks thereon. The\\ndecision is most extraordinary and justly alarming. It was apparent\\nlast fall and winter that our opponents would attempt to break down\\nthe test oath and others of its kind, by influencing the courts, if pos-\\nsible, to declare them unconstitutional and void. Hence the extraor-\\ndinary decision of Judge Loom is at the Roane court last fall, and\\nhence, doubtless, the decision of Judge Harrison in the case above\\nstated.", "height": "4160", "width": "2572", "jp2-path": "formationofstate00park_0_0291.jp2"}, "292": {"fulltext": "278\\nLet tis examine fox a moment the law and facts of this case. Arm-\\nstrong having been a soldier in the Confederate army, applied, pend-\\ning the first registration of voters last spring in the County of Hamp-\\nshire, to have his name registered as a voter. The Registrar refused\\nunless he would take the test oath passed the 25th day of February,\\n1865, then in force, and which had been copied into the registration\\nlaw. Armstrong refused t\u00c2\u00a9 take the oath, stating that he could not\\nand would not take that oath. He then applied to the Board of\\nRegistration for said county, which also refused to register for the same\\ncause. Armstrong then applied to the Circuit Court of Hampshire\\nCounty, Judge Bunker presiding, at the last May term for a writ of\\nmandamus, as it is called, stating the foregoing facts and asking the\\nCourt to command the Board of Registration to register his name as\\na voter. The application was of course based upon the facts and\\nlaw then existing, and the final decision must have referred and related\\nback to that date, unless a change in the organic law that is in the\\nConstitution\u00e2\u0080\u0094 had intercepted or arrested and rendered void the pro-\\nceedings. At the time of his application, and at the time the facts\\non which it was based occurred, the act of February 25th, 1S65, was\\nin full force, as the first registration under the act of 26th February,\\n1866, had not been completed, (See Section 2.0 of the Registration\\nAct, which expressly provides that the act of the 25th February, 1865,\\nknown as the Test Oath Act, shall be in force until the first registra-\\ntion under the Registration Act shall be completed.) It is clear then\\nthat the act of February 25th, 1865, called the Test Oath Act, was\\nthe only law then in force the Act which had been so violently as-\\nsailed by our opponents last year, so fully discussed in the Courts\\nand before the people, through the press and upon the stump, and its\\nvalidity triumphantly sustained everywhere. Does Judge Harrison\\nmean to pronounce this act unconstitutional and void He certainly\\nmust so mean when he says, so much of the Registration Act as\\nrequires any Registrar to administer the oath prescribed in the third\\nsection of said act (which is in all things identical with the Test\\n\u00e2\u0080\u00a2Oath Act, passed February 25th, 1865, except it substitutes these re-\\nstrictive and mitigating words, since the first day of June, 1861, for\\nnever and thereby declaring* but not abrogating or repealing) be-\\nfore registering such person is unconstitutional, null and void. Does\\nthe Judge mean to say at this late day that a soldier of the Confed-\\nerate army did not commit treason against the United States Does\\nhe mean to gainsay the unanimous opinion of the jurists of the world.", "height": "4160", "width": "2572", "jp2-path": "formationofstate00park_0_0292.jp2"}, "293": {"fulltext": "279\\nincluding the Judges of the Supreme Court of the United States, as\\nwell as President Johnson that he who takes up arms against the\\nUnited States becomes thereby a public enemy, and ceases to be a\\ncitizen of the United States, and consequently of this State Or.\\nthat he who left loyal West Virginia, passed through our lines into\\nDixie and joined the Confederate, army,, was restored to full citizen-\\nship by the general terms of the President s Amnesty Proclamation,\\nwhen it expressly excepts such persons from its operation.\\nOr that the 8ih and 12th Sections of Article 3d of our Constitu-\\ntion does not authorize our Legislature to pass the act as a mode or\\nmeans for ascertaining the fact, whether the person offering to vote,\\nor to have his name registered under the registrations act is, or is\\nnot, a citizen of the State\\nOn the 24th of May last, the Amendment to our Constitution was\\nratified by the people, and become a part of the organic law of the\\nState to which all existing laws and legal proceedings inconsistent,\\nor in conflict therewith, had to give way. Does the Judge deny this\\nproposition This Amendment declares that no person who has\\nvoluntarily participated in the rebellion since June 1, 1861, shall be.\\na citizen of the State, or entitled to vote. Armstrong admits that\\nhe voluntarily participated in the rebellion and still Judge Harri-\\nson has peremptorily commanded the Board of Registration of\\nHampshire County, under the pain of fines and imprisonment, to\\nput Armstrong s name upon the registry and let him vete,, and that\\nthe Board pay him his costs. And Armstrong at once publishes a\\nCard, calling on the other ex-rebels in that Judicial Circuit to come\\nforward and do likewise offering to them his professional aid and\\nservice. Respectfully,\\nG. PARKER.\\nJUDGE THOMAS W. HARRISON AND THE REGISTRA-\\nTION DAW.\\nEditors Intelligencer\\nI perceive on re-perusing your remarks, since writing my first, which\\nI wrote hastily, that Armstrong was a member of the Rebel State\\nSenate at Richmond, instead of the rebel army, which places him\\naltogether outside of the Amnesty Proclamation issued by President", "height": "4160", "width": "2532", "jp2-path": "formationofstate00park_0_0293.jp2"}, "294": {"fulltext": "280\\nLincoln, the 8th of December, 1863, and also President Johnson s,\\nissued May, 1865. A special pardon from Johnson is the only thing\\ntherefore that could in any degree change his status as a public\\nenemy, and much less make him a qualified voter before or since the\\nratification of the Constitutional Amendment, on the 24th May last.\\nNor does it appear he produced any special pardon from Johnson.\\nHe stood there, upon the record, an unpardoned and unrepentant\\nrebel of the deepest dye, as his position in the Richmond Senate\\nmust have been altogether voluntary and without the possibility of\\nany of the coercion which often constrained the rebel soldier.\\nJudge Harrison and his confederates (the case does not admit of\\na milder term) would seem to mean more than his language implies,\\nviz they do not mean to accept the Constitutional amendment rat-\\nified the 24th of May last as valid, but mean to maintain what Col.\\nSmith and his co-workers are now proclaiming upon the stump that\\nit is invalid and of no force because, as they say, its ratification was\\nnot submitted to the vote of all who were at the time legal voters.\\nThis is their ultimate purpose, and this decision of Judge Harrison\\nis but the feeler, the skirmish line the entering wedge. It being-\\nimpolitic, they think, during the present canvass, to reveal their\\nwhole plan, and hence, doubtless, the Judge uses language that may\\nimply an acceptance of the validity of the amendment. Their real\\ntheory is this First That the act passed the 25th of February?\\n1865, called the Test Oath, was unconstitutional and void, as they\\nargued last year. Second But if that was valid when it passed, it\\nwas repealed by the registration act, which copied the\\nTest Oath, modifying it in one particular only to conform to the\\nproposed amendment, viz that the overt act of treason should have\\nbeen committed since June 1, 1861. Third That so much of the\\nregistration act as consisted of the repetition of the Test Oath was\\nunconstitutional null and void, using the Judge s language, for the\\nreason doubtless, though he did not give any, that it excluded rebels,\\nwho had been restored or rehabilitated in some form since the Test\\nOath was passed February 25, 1865. These propositions being\\nestablished, they contend the amendment has never been constitu-\\ntionally ratified, and so is of no force.\\nNow, as I have before said, the Test Oath as a mode or means\\nof ascciiaining citizenship, was clearly constitutional and valid, when\\nit was passed February 25, 1865, as it excluded no one then entitled", "height": "4160", "width": "2616", "jp2-path": "formationofstate00park_0_0294.jp2"}, "295": {"fulltext": "281\\nto vote and that no subsequent restoration to citizenship of rebels\\ncould annul it. The Legislature alone could annul it. The Legis-\\nlature did repeal it, but not until the first registration under the act\\npassed February 26th, 1866, was completed, which was not until the\\n10th day of May last, which fixed and determined constitutionally\\nand legally who were the legally qualified voters in the State, entitled\\nto vote on the ratification the 24th of the same May. See Section\\n20th of^the Registration Law, Session Acts of 1866, page 78, and\\nSection 1st of Supplemental Act, page 121 of the same.\\nAssuming, then, the amendment to be valid, as it unquestionably\\nis, and which the Judge had not the hardihood to deny, how does he\\nstand When ratified by the people it became part and parcel of\\nthe Constitution, and at once annulled all laws and proceedings in-\\nconsistent with it, Armstrong s pending application for a writ of\\nmandamus among the rest and such would have been the case if\\nthe application was well founded in the commencement, for the\\nJudge, after the amendment took effect, had no more authority or\\nright to command the Board of Registration to register Armstrong s\\nname, than a Court of Admiralty would have to command the cap-\\ntain of a merchant ship to run it against the rock of Gibraltar as\\nthe ship would be dashed to pieces in the contact, so were Arm-\\nstrong s application and Judge Harrison s manda?nus issued upon\\nit, dashed to pieces when they came against the amendment. True,\\nas the Judge says, the amendment, when ratified, might not have\\ngiven validity to what was void before, though this would depend on\\ncircumstances but I am unable to see how that argument helps\\nhim. After the amendment was ratified no tribunal in the State had\\nauthority to register a person who had committed overt acts of trea-\\nson since June 1st, 1861, and it is now and always has been the duty\\nof the Registrar and Board of Registration to ascertain and determine\\nthis point, by examining orally the applicant on his oath, or requiring\\nhim to make ah affidavit, purging himself of disloyal acts, before\\nplacing his name on the Register. Did the Judge make, or suffer to\\nbe made, any such examination before issuing his mandate the pres-\\nent month It appears he did not. And in Armstrong s case it\\nwas unnecessary, for he confessed his guilt. In every aspect of the\\ncase, therefore, the Judge stands without a shadow of justification, it\\nseems to me. The loyal people should meet and repel the first in-\\nvasion of their constitutional rights with the resolution and energy\\nthey would the robber who had broken the door and was about cross*\\nL2", "height": "4160", "width": "2560", "jp2-path": "formationofstate00park_0_0295.jp2"}, "296": {"fulltext": "282\\ning the threshold of their castle; and while we are accustomed to\\nregard as a detestable monster the man who stealthily introduces\\narsenic into the well from which ourselves, wives and children drink,\\nhow must we regard him who dares to corrupt the Judicial fount,\\nwhich should not only be pure, but, like Cesar s wife,, above sus-\\npicion.\\nRespectfully?\\nG. P.\\nP. S. Since writing the foregoing I have read the remarks of\\nyour correspondents L and Unus Vox. Unus Vox retracts,- and\\nit seems to me wisely. L is doubtless the particular friend of\\nJudge Harrison, and is anxious to relieve him from bis fearful pre-\\ndicament. While I may respect his. motive, I cannot hope- for his\\nsuccess. The facts disclosed demonstrate such error, either of the\\nheart or head, or both, of Judge Harrison, as in my judgment,\\nrenders it unsafe for the loyal people to trust him further. His real\\nfeelings in respect to the great issues during, the last five years have\\nnot been unknown, Like others of his kind in the State and- country,\\nhe seems, all at once to unmask. Thank heaven*, or its great antag-\\nonist, for this. In view of established facts it will hardly be believed\\nthat Judge Harrison did not know all the facts of the case that\\nArmstrong had been a member of the rebel State Senate at Rich-\\nmond. Nor will it be believed that the order of the Court, purport-\\ning to be signed by the Clerk is not correctly copied in your paper\\nof the 2 1 st instant, nor that it is right or fair for the Judge or his\\nfriends, after securing to their party the advantage of his judicial\\nopinion to sacrifice Armstrong as a scapegoat for the sake of\\nshielding the Judge from the punishment such conduct merits.\\nJUDGE THOMAS W. HARRISON AND THE REGISTRA-\\nTION LAW.\\nEditors Intelligencer\\nSince the amendment to the Constitution, and the laws our loyal\\npeople followed in making its ratification, the Test Oath and Regis-\\ntration law are denounced by our opponents, including Judge Har-\\nrison, as unconstitutional and void, it cannot be thought irrelevant\\nat this time to examine these laws in other aspects than a mode or", "height": "4140", "width": "2592", "jp2-path": "formationofstate00park_0_0296.jp2"}, "297": {"fulltext": "283\\nmeans for ascertaining the required citizenship of persons offering to\\nvote or register, in which respects they seem to have been also justi-\\nfied by the Constitution and pertinent to the inquiry. Our oppon-\\nents read Section 6 of Article ist of the Constitution, viz the citi-\\nzens of the State are the citizens of the United States residing there-\\nin, and then they read Section ist of Article 3d, viz the white\\nmale citizens of the State shall be entitled to vote c, provided they\\nshall have been residejtts of the State one year, and of the County\\nthirty days next before offering to vote, with exception of certain per-\\nsons not necessary to mention here. They then stop, and set to de-\\nnouncing and cursing the Test Oath and Registration law as gross\\nviolations of these pa?ts of the Constitution, because they require,\\nthey say, something more than the Constitution itself requires to\\nconstitute a legal voter, viz that they have not voluntarily partici-\\npated in the recent rebellion. Such of our present opponents as\\nwere members of the Convention that framed the Constitution, I\\nhave always been aware, intended to have it fixed so that their friends\\nin the rebellion should, in case the rebellion proved unsuccessful, re-\\nturn and resume at once the privilege of voting, and for securing\\nthem this privilege they expected their votes to elect themselves to\\noffice, and to the control and management of the government. Their\\ndisappointment in this particular, is the cause of the rage and des-\\nperation they have since exhibited. They did not consider that a\\ncitizen of the United States, whether residing in our State, and\\nthereby a citizen thereof, or elsewhere, the moment he committed an\\novert act of treason became thereby a public enemy, and forfeited\\nhis citizenship of the United States, and, as a consequence, of our\\nState. The legal effect of such overt acts upon their citizenship had\\nnot at that time been considered and defined, as was soon after done\\nby the highest courts of the nation. The test oath passed by the\\nLegislature, the 25th of February, 1865, was intended as a mode or\\nmeans of finding out whether persons offering to vote had in fact\\ncommitted any overt act of treason, and thereby lost their citizen-\\nship, and, as a consequence, their right of voting, by appealing direct-\\nly to their conscience in the form of an affidavit, signed and sworn to\\nin a manner to be filed away and preserved for security in future.\\nThat was all. It neither added to, nor took from, the qualifications,\\nthe Constitution had prescribed, but was only a mode or means of\\ndetermining an important prescribed qualification, viz, citizenship.\\nThis test oath was also material and proper in determining another", "height": "4152", "width": "2560", "jp2-path": "formationofstate00park_0_0297.jp2"}, "298": {"fulltext": "284\\nimportant prescribed qualification of a right to vote, viz a year s\\nresidence in the State next before offering to vote. An act of the Legis-\\nlature of the re-organized Government, passed February ioth, 1862,\\nexpressly declares that all persons in sympathy with the Rebellion\\nwho had or who should thereafter voluntarily leave their usual places\\nof abode and go out of the reach of personal service, of civil process\\nissuing from the Courts of the County in which they last resided and\\nremaining ninety days, should be non-reside?its for all purposes.\\nThis act still remains m full force, as it has never been repealed and\\nis not in conflict with any provisions of our Constitution. The Test\\nOath therefore, was also pertinent and proper, as a mode or means\\nfor ascertaining whether the person offering to vote had in fact\\nanother important qualification prescribed by the Constitution, viz\\na year s residence in the State next before offering to vote. For if\\nhe had committed any act of disloyalty that brought him within the\\ndisqualifying provisions of this act, he became a non-resident of the\\nState, and in contemplation of law remains a non-resident to this day,\\nthough he may now live or sojurn in it.\\nThis then was the constitutional foundation upon which the Test\\nOath was enacted February 25, 1865, and on which it stood unshaken\\nuntil repealed May ioth, 1866, by the 20th Section of the reg-\\nistration law, and supplementary act thereto, and after the first\\nregistration of voters under said act was completed. I trust no one\\nwill be fool-hardy enough to contend that the war, the insurrec-\\ntion, the public danger, had so far ceased as to make unnecessary\\nor unlawful the ordinary oath of allegiance at the close of the Test\\nOath. A mere renouncement, without committing overt acts of trea-\\nson, would require a renewal of this oath before exercising political\\nrights again.\\nThe 2d Section of the 13th Article of the Constitution, provides\\nthat amendments to that instrument may be proposed at any time by\\nthe Legislature, and when published in the manner prescribed, and\\nagreed to, by the succeeding Legislature, this Legislature shall\\nprovide by law for submitting the same to the voters of the State\\nfor ratification or rejection. Our last Legislature agreed to the\\namendment, the 13th of last February, and on the 28th of the same\\nmonth, and day before it adjourned, it provided by law, in obedience\\nto the express command of the Constitution, for submitting it to the\\nvoters of the State for ratification or rejection. February 26th, two\\ndays previous to this act of submission, it passed the Registration", "height": "4132", "width": "2596", "jp2-path": "formationofstate00park_0_0298.jp2"}, "299": {"fulltext": "2*5\\nAct in pursuance of the 12th Section, 3d Article, of the Constitu-\\ntion, viz The Legislature may provide for a registry of voters.\\nThey shall prescribe the manner of making and conducting returns\\nof elections and of determining contested elections and shall pass\\nsuch laws as may be necessary and proper to prevent intimidation,\\ndisorder or violence at the polls and corruption or fraud in voting.\\nSection 8th of the same Article reads thus The Legislature, in\\ncases not provided for in this Constitution, shall prescribe by general\\nlaws the terms of office, powers, duties, and compensation of all\\npublic officers and agents, and the manner in which they shall be\\nelected, appointed and removed. It was in pursuance of these con-\\nstitutional provisions, the Legislature passed the Test Oath law T the\\nregistration and other laws then in force regulating elections. The\\nregistration law especially declared that the Test Oath passed 25th\\nof February, 1865, should remain in force until the first registration\\nwas completed (to-wit the 10th of May last) when it should stand\\nrepealed; and the 3d Section provides as follows Before the reg-\\nistrar shall register the name of any person as a qualified voter, he\\nshall be satisfied of his qualifications as provided by law, and if he\\nhas any doubt of his loyalty, (that is whether he has committed any\\novert act of treason which would destroy his citizenship and probably\\nhis required residence also) he shall administer to him the Test\\nOath, mitigated by limiting the time to since June 1st, 1861. Thus\\nthe law T stood March 1st, 1866, when the Legislature adjourned. The\\nConstitution made it the express duty of this Legislature to provide\\nby law for submitting the amendment to the voters of the State for\\nratification or rejection.\\nWho were these voters Were they the persons who had forfeited\\nby their treason one or more of the essential qualifications the Con-\\nstitution in express terms required, i. e. citizenship and a year s legal\\nresidence Every sane man must answer, no. Would not that Leg-\\nislature have shirked an express constitutional duty and violated their\\noath of office if they had failed to have provided the very means\\nthey did to ferret out and exclude these self-disfranchised persons\\nSuppose they had provided no means to ferret them out and exclude\\nthem, would the submission for ratification have been to the qualified\\nvoters of the State, as the Constitution expressly directs it shall be?\\nWhere then is the unconstitutionality, that Judge Harrison has sent\\nforth from the Bench with the sanction of Judicial authority, to be\\ncaught up by Armstrong and made a rallying cry for the self-dis-", "height": "4148", "width": "2556", "jp2-path": "formationofstate00park_0_0299.jp2"}, "300": {"fulltext": "286\\nfranchisee! throughout the State, to come forth and vote in utter de-\\nfiance of our Constitution and our laws Where the unconstitution-\\nality the Copperhead leaders, lashed into fury by their disappoint-\\nment and defeat, are thundering from every stump, grog shop and\\ncross road, to be echoed and re-echoed by the reconstructed rebels\\nwho manage their Press The Legislature and Executive, backed\\nby the loyal people, have achieved a work which will be approved by\\nthe just, the good, and the wise everywhere, and reflect lasting honor\\non its honest and brave achievers, when the names of their traducers\\nwill have been forgotten, or remembered only with shame. Let us\\nthen stand united and firm, and do what is right, as God gives us to\\nsee the right, and all will be well.\\nRespectfully,\\nG. P.\\nTHE EX POST FACTO QUESTION OF SENATOR VAN\\nWINKLE S MANIFEST ABSURDITIES DISPOSED OF BY\\nA RECENT DECISION BY THE SUPREME COURT OF\\nMARYLAND.\\nEditors Intelligencer\\nWe would thank you to publish the following recent opinion of the\\nSupreme Court of Maryland, which settles that an amendment by a\\nState of its Constitution so as to exclude returned rebels from voting\\nor holding office, is not a violation of the loth Section, Article i, of\\ntke United States Constitution, which prohibits the States passing Ex\\npost facto laws. You will observe the question was whether the clause\\nin the recent amended Constitution of that State, which excludes all\\nthat have taken part in the rebellion from voting and holding office,\\nwas an Ex post facto law within the meaning of that Section of the\\nFederal Constitution. Mr. Van Winkle says in his letter to the\\nWood County Convention thus The amendment of the State\\nConstitution proposed by the last Legislature is also liable to objec-\\ntions and after stating the object of his padlock clause at the\\nend of the ist Section, Article 12, he proceeds to state his second\\nobjection, thus Again, the National Constitution forbids the pass-\\nage by any State of an Ex post facto law, which briefly means a law\\ndenouncing a punishment for an act which was not legally an offense", "height": "4144", "width": "2588", "jp2-path": "formationofstate00park_0_0300.jp2"}, "301": {"fulltext": "287\\nat the time it was committed. It matters not that the punishment is\\ndenounced by a Constitutional provision instead of a Legislative Act,\\nas the former, just as much as the latter, is the law of the land. Had\\nthe amendment simply provided that those who subsequently to its\\nadoption did so and so, should forfeit the right to vote and hold\\noffice, the only question would have been about its expediency but\\nas it also goes back to June, 1861, it is contrary to the Constitution of\\nthe State as retrospective] and to that of the United States as\\nEx post facto.\\nOther decisions will probably be made soon by even higher\\nauthority, that will, we predict, as effectually dispose of the balance\\nof his manifest absurdities, and perhaps deny that the President s-\\npardon restores a full and complete United States citizenship.\\nThe following decision also affirms a right in a Legislature to pre-\\nscribe a mode or means for ascertaining whether a person offering to\\nvote has the required qualifications or not.\\nThe Loyal People of West Virginia.\\nTHE REGISTRY LAW DECLARED CONSTITUTIONAL BY\\nCHIEF JUSTICE BOWIE.\\nChief Justice Bowie in sustaining the constitutionality of the reg-\\nistration law, which excludes from voting those who cannot take the\\nTest Oath prescribed in their new Constitution, says\\nThis Constitution must be recognized as the organic law of the\\nState. Its chief characteristics in contradistinction to the prior arti-\\ncles of the kind are, a declaration of the fundamental principle that\\nevery citizen of the State owes paramount allegiance to the Consti-\\ntution and Government of the United States, and is not bound by\\nany law or ordinance of the State in contravention or subversion\\nthereof; its incorporation with the right of suffrage, and the aboli-\\ntion of involuntary servitude, except for crime. It was designed to\\nrender the Union indissoluble by excluding from the polls and offices\\nof the State all who actively engaged in the rebellion or gave it aid\\nand comfort. If the prevalence of the doctrine of secession is to\\nbe accepted in extenuation of those thus engaged in the rebellion,\\nthe soldiers of Stuart and Early, if the war had continued, might", "height": "4156", "width": "2540", "jp2-path": "formationofstate00park_0_0301.jp2"}, "302": {"fulltext": "288\\nhave claimed the right of suffrage unchallenged. The tenth Section\\nof Article first of the Federal Constitution does not limit the power\\nof a State to fix, change or modify the qualifications of voters. The\\nright of a State to regulate the elective franchise is absolute and un-\\nqualified, under the foundation of State authority. To this power\\nthe right of a people to participate in the Legislature is subordinate.\\nCitizenship and suffrage are not inseparable, the latter not being a\\nuniversal, inalienable right, with which men are endowed by their\\nCreator, but is altogether conventional. It is a question of mere\\ncivil polity, to be arranged on such a basis as the majority may deem\\nexpedient with reference to the moral, physical and intellectual condi-\\ntion of the particular State. A legal voter is certainly he who has\\nthe right to vote, but the law appoints a mea?ts whereby to decide such\\nright. Limitations of this character are in operation in other States.\\nThe jealousy of federal influence excluded those in actual service\\nfrom participating in elections. It would be an anomaly if the sworn\\nenemies of the government should be preferred to its friends in- this\\nState. The same power which disqualified free colored men in 1801,\\nwho prior to that year were entitled to vote, enabled the Convention\\nof 1864 to disqualify all who had been in armed hostility to the\\nUnited States. Every government should contain in itself the means\\nof its own preservation, and for that reason the regulation of the\\nright of suffrage was reserved by the States.\\nBaltimore, December 15, 1865.\\nThe Conservative Party was again overwhelmingly defeated at\\nthe October election, 1866.\\nIf I recollect aright Judge Bunker, while holding Court in Judge\\nHarrison s Circuit, the same Fall, decided substantially the reverse\\nof Judge Harrison, in the case of Fletcher, vs. Board of\\nRegistration.", "height": "4160", "width": "2680", "jp2-path": "formationofstate00park_0_0302.jp2"}, "303": {"fulltext": "289\\nTHE DEBT OF VIRGINIA\u00e2\u0080\u0094 WHO SHOULD PAY IT?\\n.Editors Intelligencer i\\nI read your able and just remarks in Monday s paper upon the\\nabove subject. I agree with you that the only open questions to be\\nsettled, are: First, what portion of the money derived from this\\ndebt as it existed Jan. i, 1861, had been expended upon the territory\\nnow comprising the New State, or otherwise came to her use Sec-\\nvnd, what would be the just proportion for the Counties comprising\\nthe New State to pay, of the ordinary expenses of the Government\\nwhile this debt was accumulating -to be determined by the relative\\nvaluation, or population of these Counties- And, Third, the total\\namount of taxes these Counties paid into the State Treasury during\\nthe same period\u00e2\u0080\u0094 the New State to be credited with the last, and\\ndebited with the two former.\\nIf the whole subject were open and submitted to a Court of Equity,\\nit seems to me it could adopt no other principle of settlement, as be-\\ntween the parties at least, than the one laid down by the ordinance\\n-passed by the Wheeling Convention in 186 r, as and for one of the\\nfundamental conditions of separation which must be regarded as the\\ntrue interpreter of the meaning of equitable proportion of the debt\\nof Virginia as used in our Constitution. On what principle of jjus-\\n.tice and equity can the Old State claim more? Besides, there is this\\nfurther important equitable consideration in favor of the New State\\n.she has no Public Buildings or Institutions, and has these all to build\\nfor herself; notwithstanding she contributed for years before the State\\ndebt began to accumulate, towards erecting the spacious and commo-\\ndious State Buildings, Public Institutions and endowing them^-now\\nall left in the Old State, to be exclusively owned and enjoyed by her\\npeople.\\nAnd what relation tlo the two States sustain to the creditors or\\nbondholders True, they may say, they parted with their money and\\n.took the security, relying upon the whole State, as it then existed, for\\npayment; yet they must be presumed to have done so with a full\\nknowledge of those Constitutional provisions which authorize new\\nStates to be erected out of the territories of old ones, and their do-\\nmains to become therebv abridged. In the present case Less than\\n1M2", "height": "4160", "width": "2516", "jp2-path": "formationofstate00park_0_0303.jp2"}, "304": {"fulltext": "290\\none and a half of the forty odd millions have been expended within\\nour borders, while all the balance was expended much of it with\\ntreasonable aims, as is now manifest in improvements exclusively\\nwithin the Old State, whose people have had the full benefit and are\\nnow the exclusive owners of, and are able to pay for. If the two\\nStates were subject to a Court of Equity, is there any doubt such\\nCourt would apportion the burden so as to do Equity between the\\nStates? There is none. If a co-partnership composed of two in-\\ndividuals, one being a mere nominal partner, should give a note in?\\nthe firm s name for $1,000, and the nominal partner should appro-\\npriate but twenty-five dollars of the sum so borrowed, to his use,,\\nwhile the other should expend the remaining nine hundred and\\nseventy-five, in improving and beautifying his mansion, though stand-\\ning in the firm s name, and afterwards by wicked and outrageous-\\nconduct, should force the nominal partner to withdraw without being;\\npaid for his labor, and the firm should afterwards, by lapse of time,\\nor other cause, become discharged in law, though not in honor, from\\npaying the note, could the holder \u00c2\u00a9f the note, with any show of\\nconscience or equity y ask the expelled and abused nominal debtor to\\npay any part, until the mansion of the other the actual product of\\nthe money loaned with his other means,, had bee\u00c2\u00bb appropriated?\\nAnd if sooner asked, might not the former well say, my former\\npartner forcibly expelled me and appropriated all to himself, and is\\nnow owing me a balance for my labor, alter deducting the twenty-\\nfive dollars I received pray collect the whole note, if possible, from\\nhim, as he is able and ought to pay/ Could be not honestly and\\nhonorably make this reply I It seems to me he could.\\nOr, if two joint owners of a tract of wild land shoukt r upon their joint\\nand several note, borrow five thousand dollars, and expend it in im-\\nproving, building up and beautifying one part of the tract, and after-\\nwards the stronger should, by unjust and treasonable conduct force\\nthe other to withdraw to the uncleared portion of the tuact,. without\\nany compensation, and set to building for himself and family a new\\nhome in the wilderness and the obligation to repay the five thous-\\nand dollars had became, as in the former case, a debt of honor\\nmerely and bis title in the portion so first improved and embellish-\\ned, had become extinguished without compensation would not the\\ncourse to be pursued by the expelled and injured co-tenant, as well\\nas their just and conscientious creditor, be equally plain\\nI submit, the equities of West Virginia, in the present case, are", "height": "4160", "width": "2680", "jp2-path": "formationofstate00park_0_0304.jp2"}, "305": {"fulltext": "201\\nnot unlike the co-partner and co-tenant above supposed. Nor do I\\nbelieve there is a bondholder anywhere, whose conscience will allow\\nhim to ask anything of West Virginia, until he shall have appropriat-\\ned all that remains of the depreciated products of the money loaned\\nto the Old State, with her other property. Does the Wheeling Regis-\\nter, with its happy family, that have made so much ado about high\\ntaxes, ignore the principle here laid down Or do they accept the\\nfigures as made by Auditor Taylor, of Richmond.\\nRespectfully,\\nG. P.\\np. S.\u00e2\u0080\u0094 I have read in your paper to-day, an article from the Rich-\\nmond Dispatch, headed The State Debt and West Virginia, to\\nwhich, with your permission, I will reply in another number.\\nDecember 24, 1866.\\nTHE DEBT OF VIRGINIA\u00e2\u0080\u0094 WHO SHOULD PAY IT\\nEditors Intelligencer\\nI have just read in your paper of yesterday an article from the\\nRichmond Dispatch, headed The State Debt West Virginia. It\\ncannot be without its use to notice at this time some important facts\\nthe editor discloses in his labored effort to fix a third or more of this\\n\u00e2\u0080\u00a2debt upon West Virginia, He recounts, in the tone of injured inno-\\ncence, the losses sustained to the old State by the secession and\\noutrageous dismemberment, as he chooses to term it, of West Vir-\\nginia. Which party is responsible for what has been done Old\\nVirginia seceded and left West Virginia exactly where Washing-\\nton and his associates placed her in 1789, where she has remained\\nhaving done no more than the conduct of the old State compelled\\nher to do in self-preservation while the old State has revelled in car-\\nnivals of treason and blood of her own getting up, until reduced to\\nthe deplorable condition represented yet makes the present strik-\\ning difference in the healthiness and resources of the two States, one\\nof the main reasons why we ought to pay one-third of her debt. She\\nmade cruel war upon us because we refused to go with her. She\\nwent despite our earnest entreaties to stay, and now wants us to pay\\nfor the damage she has sustained He concedes but fifty Counties", "height": "4156", "width": "2508", "jp2-path": "formationofstate00park_0_0305.jp2"}, "306": {"fulltext": "292\\nto our State, and insists we have nearly half \u00c2\u00a9f the territory, one-\\nthird of the people and was paying, in i860, one-fourth of the taxes.\\nIf this were so, we would ask why all the money the debt produced,\\namounting to $43,000,000, except about $1,500,000, was expended on\\ntheir half? Fie makes our territory to have contained in i860, 18,-\\n381 slaves, valued by him at $9,180,500, which is $500 a head while\\nthe old State had 472,647 slaves, valued by him at $236,323,500,\\nwhich is $500 a head; which latter, he says, yielded and paid in\\ni860 a tax of $270,000; while the real estate, comprising the new\\nState, the editor says, was valued in i860 at only $83,803,641 61, and\\npaid into the State treasury in i860, at 40 cents on the hundred dol-\\nlars, a tax amounting to $335,214 56 which, with the tax paid\\non personal property in these Counties for the same year, amount-\\ned to rising of $600,000; and it was about the same amount for many\\nyears previous.\\nNow our people wish to know of the editor why the $236,323,500\\nworth of slave property owned in old Virginia in i860, paid into\\nthe State treasury only $270,000 tax, when the real estate of West\\nVirginia valued at only $83,803,641 61 paid into the treasury the\\nsame year $335,214 56\\nThere was then in i860 in the old State, one hundred and fifty-two\\nmillions, five hundred and twenty thousand, three hundred and fifty-\\nnine dollars and thirty-nine cents worth of slave property, an amount\\nequaling .the whole amount of taxable property in the Counties in\\ni860 which now comprise West Virginia taken at the editor s valua-\\ntion that paid no tax at all and at the same time it was a kind of\\nproperty that commanded cash sooner than any other, and which re-\\nquired a large share of the legislation and large expenditure from the\\ntreasury to regulate, govern and protect. Nor was this monstrous\\niniquity and injustice confined to the year i860; but had certainly\\nexisted during the ten years previous, and probably during the whole\\nperiod the State debt was accruing.\\nDifferent facts from these must be shown before honor, justice or\\nequity will adjudge the payment of any part of the debt by West\\nVirginia. He shows we were as much defrauded in the levying of\\nannual taxes which went to pay the interest on the accumulating debt,\\nand ordinary expenses of the Government, as we were in the appli-\\ncation of the money which the debt produced. Nor need the Old\\nState expect to justify nor even palliate this unparalleled injustice, by\\nshowing that the Counties now composing the New State whose", "height": "4160", "width": "2680", "jp2-path": "formationofstate00park_0_0306.jp2"}, "307": {"fulltext": "293\\npeople were all the while in a powerless and hopeless minority, and\\nrepresented generally by men who were either dominated over, cajol-\\ned, or bought up by the Richmond dynasty enjoyed a like fraudu-\\nlent exemption on the comparatively small pittance of $9,180,500\\nworth of slave property, then owned within the borders of the\\nNew State, by their tools and allies mostly; or that the Representa-\\ntives that this class used to send to Richmond, co?icurred with them in\\nthe nefarious measures; or by pleading a subsequent annihilation of\\nthis species of property, which their causeless and voluntary treason\\nproduced.\\nThe editor shows but little just discrimination when he likens the\\nNew State to an individual retiring from an embarrassed co-partner-\\nship, and refusing to pay his share of its liabilities. The firm was\\nsound and prosperous in the winter of 1860-61, when the people of\\nthe Old State seized all the assets, including the Literary fund, which\\nthe Old Mother had been accumulating for nearly a century, for the\\npurpose of educating her children and plunged into rebellion, leav-\\ning the people of the New State no alternative but to follow, or re\\nmain where they were, and commence business anew for themselves\\nthough stripped of everything as they were. They chose the latter,\\nand, as events have proved wisely.\\nUntil the editor and his friends can satisfactorily explain these\\nthings to the people of West Virginia, and the Bondholders, I should\\nadvise they should make other provisions than the one proposed, for\\nthe payment of the debt especially that part allotted by them for\\nWest Virginia to pay.\\nRespectfully,\\nG. P.\\nDecember 26, 1866.\\n[No. 1.]\\nWEST VIRGINIA LAND TIT L E S THEIR CONFUSION AND\\nUNCERTAINTY IN MANY SECTIONS\u00e2\u0080\u0094 THE DEPRESS-\\nING EFFECT A REMEDY PROPOSED.\\nEditors Intelligencer\\nImpressed, as you appear to be from your bold and appropriate\\nleader in to-day s paper, against our usury laws of the present un-\\nprogressive conditioa of our State\u00e2\u0080\u0094 -having written the following, think-", "height": "4152", "width": "2508", "jp2-path": "formationofstate00park_0_0307.jp2"}, "308": {"fulltext": "294\\ning to lay it before the Legislature in the form of a memorial\\nthe timely and fit introduction you have made of the subject, has de-\\ntermined me to ask for its publication as a continuation.\\nThough the evil, mentioned in the caption, has long existed this\\nside the Alleghany Mountains, it has recently been greatly increased.\\nWhen the war closed, West Virginia with her excellent Constitution,\\nfree institutions and large natural resources, including petroleum oil,\\nthen fast enlightening the world and inflaming all speculative minds,\\nand her central position, attracted more attention from capitalists and\\nimmigrants than any other section of the country. Her lands were\\nsought by persons from every quarter, and often at exaggerated\\nprices. It was supposed that Virginia, like the other States and the\\nGeneral Government, had never granted but one patent for the same\\npiece of land, and had granted as the latter grants, only after a general\\nsurvey and accurate location had been made. And hence it was\\nthought by people abroad that whoever held a patent from the State\\nof Virginia, with her seal and one of her former Governors names\\nattached, or could, by proper deeds, deduce title through such a pat-\\nent must have a perfect right. The numerous squatters holding or\\nderiving mere color of title through junior patents, took advantage of\\nthis excitement and delusion, sold large amounts of land to which\\nthey had no title, at prices often above their value with a good title,\\nto persons from all parts of the loyal States. The numerous pur-\\nchasers at length finding out the gross frauds practiced, have impress-\\ned the whole country with the idea that it is impossible to get a clear\\ntitle to lands in West Virginia and so strong is this conviction in the\\ngreat monetary centers of the country, as New York, Philadelphia\\nand Boston that their real estate brokers refuse to undertake the\\nsale of West Virginia lands, but dismiss with the assertion, there are\\nno valid titles in that State. For the truth of these facts I think I\\nmay appeal to every person who has lately had anything to do in an\\nattempt to sell our lands, in those cities.\\nAssuming the facts to be so, every one must see how vital it is to\\nthe prosperity and advancement of our young State to have this evil\\nremoved in the speediest manner possible, consistently with our organ-\\nic law. For we must introduce capital and labor from abroad in order\\nto attain what the State is capable of becoming. It is neither blatant\\npoliticians, nor demagogues, nor professional men, nor country mer-\\nchants, that have ever built up a State. Capital, combined with free\\nintelligent labor, both wisely directed to the development of its natural", "height": "4160", "width": "2668", "jp2-path": "formationofstate00park_0_0308.jp2"}, "309": {"fulltext": "295\\nresources, and manufacture of its raw material valueless in their\\nnatural condition, as our coal, iron, salt, oil, lumber, c, while under-\\nlying or covering our mountains and valleys so as to fit them to the\\nwants of others, who will purchase and pay us the cash. This pro-\\ncess, with the various agricultural products our lands are capable of\\nyielding, when cleared, including fruit, stock and wool growing, alone\\ncan ever build up our State. Capital and labor must be had to do it\\nwith. Neither of these are coming if they have to buy a lawsuit,\\nand be dragged into the courts to commence with. They will go\\nwhere these banes and annoyances to honest industry can be avoided.\\nThe wants a?id necessities of West Virginia have changed altogether.\\nThe great purpose and business of the people of many of our\\nCounties, while parts of the old State, seemed to have been, to attend\\nand run the Courts, at which all were either parties, jurors or wit-\\nnesses, attend the hustings, support a large corps of lawyers and pol-\\niticians, take out and trade in junior patents, which the old State was\\nalways anxious to grant at two cents per acre, whether covering a\\ngraveyard or a hill, sold a half dozen times before, but sure to tax\\nand collect of each the full value of the land, and leave it to a few\\nnegroes to do the work.\\nThis state of things in Western Virginia suited East Virginia when,,\\nin late years, slavery was She controlling power to which all other\\nthings had to yield. She used it for the purpose of locating junior\\npatents upon, and deriving quadruple revenue from, settling any sur-\\nplus of what she called her poor white trash upon, after fitting\\nthem out with pockets full of junior patents, and quartering decrepifi\\npolitical servants, and rearing and educating young ones, fully school-\\ned in State rights, the resolutions of 98-9, and the divine origin of\\nthe slave institution.\\nBetween the close of the revolutionary war in 1783 and the year\\n1800, all the lands between the Alleghanies and the Ohio river had\\nbeen granted once, and many, twice and thrice, to soldiers and\\npatriots who had participated in that war, or the French and Indian\\nwar preceding, and among them was General Washington, who\\ntook up much of the best agricultural lands. These lands, with the\\nunappropriated portions of what was afterward organized into the\\nNorth Western Territory, belonged before our independence to the\\ncrown of England. Upon the establishment of our independence,\\nthey became technically vested in Virginia., which in [783, in consul-", "height": "4160", "width": "2528", "jp2-path": "formationofstate00park_0_0309.jp2"}, "310": {"fulltext": "296\\neration that the United colonies had helped to wrench these from\\nEngland, ceded the Northwestern Territory to the United States.\\nPrior to that date for a like consideration probably, she put her\\nwaste and unappropriated lands, including what afterward became\\nthe State of Kentucky, into the market at two cents per acre the\\nlocator paying the expense of surveying, patent, c. This price for\\nher waste and unappropriated lands remained unchanged until\\nthe time of our separation in 1863. At the early period spoken of,\\nthe hill lands, now comprising portions of West Virginia sold for 50\\ncents to $1 per acre, But when the General Government had driven\\noff the Indians from the rich lands of Ohio, and put these lands in\\nthe market, and the State of Ohio was formed as a free State, capital\\nand emigration turned its course there and beyond, as they have ever\\nsince, leaving the less fertile lands of West Virginia, cursed with the\\ninstitution of slavery, with all its blighting influences and deleterious\\naccompaniments. These hill lands became comparatively valueless,\\nand the owners, many of whom were residents of other States and\\nforeign countries, neglected to pay the taxes. And here commenced\\na series of legislation on the part of Virginia for the purpose of col-\\nlecting the taxes, the most multiform and complicated on record so\\nmuch so that very few Virginia lawyers at the present day pretend\\nto understand them. This legislation was continued with occasional\\nlulls until 1852. While the men of the revolution lived and directed\\nthe affairs of the State, she practiced a leniency and forbearance\\ntoward the owners of delinquent lands which have no parallel. She\\noccasionally offered them for sale but bid them in herself, or redeem-\\ned them for the owners if purchased by others, and continued the\\nright of redemption, till the 1st of July, 1838, when they became\\nirredeemable; and ordered all not then redeemed or disposed of, to\\nbe sold, and taxes, interest and costs to be paid from the proceeds,\\nand the balance to the former owners, or their representatives, if\\nclaimed within a specified time. These sales passed only the inter-\\nest which the State then held.\\nUntil 1826 she recognized non-residence in the State among the\\ndisabilities against which her Statute of Limitation was not permitted\\nto run. By an act passed in 1827 she recognized for the first time\\nin her legislation, that she had been granting many patents for the\\nsame land, and taxing each of the patentees with the full value\\nthereof, and provided by that, and subsequent acts, for giving\\nthe land forfeited, to the one holding the oldest patent among those", "height": "4160", "width": "2676", "jp2-path": "formationofstate00park_0_0310.jp2"}, "311": {"fulltext": "297\\npaying the taxes within the time prescribed that is, in case three\\nheld patents of different dates upon the same piece of land, and\\neach patentee had been taxed and was delinquent, and the land had\\nbeen declared forfeited to the State, it was redeemable before a cer-\\ntain day. If the one holding the oldest patent paid his taxes, inter-\\nest and costs within the time prescribed, he took the land. But if he\\nfailed, and the one holding the next oldest patent paid within the\\ntime, she gave the land to him and in case neither of the former\\npaid, and the holder of the youngest patent paid within the time, the\\nState gave him the land, rather than sell it again the fourth time,\\nafter having received her just tax, interest and costs. None of the\\nlands which were not redeemed prior to July ist, 1838, and had be-\\ncome absolute in the State, were subject to be lawfully patented\\nagain, until the Code of 1850. Such could only be sold by the Com-\\nmissioners appointed for the purpose. When the Code of 1850 made\\nthem lawfully patentable again, the air became filled with junior pat-\\nents, and everybody s land, no matter whose or where situated, was\\nshingled over again with a coating many patents deep, overlapping\\nand interlocking in all forms and these patents continued to issue\\nuntil the war separated our people from old Virginia, and our\\nConstitution in 1863 came in and cut the pernicious system up, root\\nand branch, and provided that all lands then vested in the State for\\nnon-payment of taxes, c, not released, exonerated or redeemed be-\\nfore June 21st, 1868, should be sold, and the balance of the pro-\\nceeds, after paying the taxes, damage and cost, should be paid to\\nthe former owner, or his legal representatives, if clarified within two\\nyears thereafter. Such taxes and interest, when paid, to go to the\\nSchool Fund.\\nRespectfully,\\nDecember 31, 1866. G. P.\\n[No. 2.]\\nWEST VIRGINIA LAND TITLES\u00e2\u0080\u0094 THEIR CONFUSION AND\\nUNCERTAINTY IN MANY SECTIONS\u00e2\u0080\u0094 THE DEPRESS-\\nING EFFECT\u00e2\u0080\u0094 A REMEDY PROPOSED.\\nEditors Intelligencer\\nMany of the early patentees, their descendants or assigns, have\\nkept their taxes paid up, and still their lands have been shingled over\\nN2", "height": "4160", "width": "2524", "jp2-path": "formationofstate00park_0_0311.jp2"}, "312": {"fulltext": "298\\nwith junior patents, which the squatters have taken out m order to\\nacquire thereby color of title, shield themselves fr om prosecutions for\\ncutting and carrying away timber, and avail themselves of the statute\\nof limitations. This peculiar situation which these squatter or junior\\npatentees have held, has made them as a general thing though there\\nhave been some noble exceptions pliant tools in the hands of the-\\npolitical demagogues, who cursed our section for mai y years be-\\nfore the war broke out, and carried most of the squatters with them 1\\ninto the rebellion in 1861, upon the solemn promise that tbey would!\\nhave all the lands of loyal men confiscated by the Southern Confed-\\neracy, and large farms allotted to each of the squatters. The trait-\\norous leaders and their duped tools are now all back again looking:\\nfor a way to steal what they were unable to confiscate. This element\\nfor political demagoguism has been coeval with sqatterism in many\\n\u00c2\u00a9I the Counties, especially the back and southerly ones. When Vir-\\nginia lost her great men of the Revolution, an entirely different class-\\nof public men succeeded. They were altogether inferior in natural\\nendowments, with souls gangrened by slavery, and filled with inordi-\\nnate pride and ambition, with hatred and contempt for all who are\\nnot to the manor born. Tbey began as early as 1832 to legislate\\nagainst non-residents and in favor of the squatters of Western Vir-\\nginia. By. an act passed thaft year,, all lands lying east of the Alle-\\nghany Mountains were released of all delinquent taxes and damages,,\\nand at the same time, the Legislature released the taxes and damages\\non all tracts west of the Alleghany, where the tax did not exceed\\n$10 00, and on all, where the taxes and damages added together, did\\nnot exceed $20 00. This exemption included nearly every squatter,,\\nbut reached but few non-residents. By an act passed the 27th of\\nFebruary, 1835, forfeiting lands w es\u00c2\u00a3 di the Alleghawies only, then off\\nthe commissioners books, if not entered and taxes paid by a certain\\nday, a similar exemption was made in favor of the occupant. In\\nMarch, 1837, an act was passed which applied only to lands west of\\nthe Alleghanies, making a possession, of seven years sufficient to g ve\\nthe squatter a right to the possession, while it required fifteen years\\neast of the Alleghanies-. The code of 1850 made the statute of limi-\\ntation uniform throughout the State,, making, it fifteen yeans.. By act\\nof 1852, certain omitted lands west of the Alleghany mountains were\\ndeclared forfeited unless the taxes in arrear were paid within a speci-\\nfied time, and made the same subject to re-entry, c, but no land s\\neast of the Alleghany were affected. March the 12th, 1861, the Leg-", "height": "4160", "width": "2680", "jp2-path": "formationofstate00park_0_0312.jp2"}, "313": {"fulltext": "299\\nishvture tfoat organized the Rebellion., reduced the statutes of limita-\\ntion west of the Alleghany mountains from fifteen years as established\\nfey the Code of 1850 to tm years, but left it unchanged east of these\\nmountains, I well recollect how prominent this subject of reducing\\nthe statute of limitation was made by the incipient rebels in the lower\\npart of the State, in their canvass for seats in that Legislature, and\\nwas informed that ii had been the only passport to the Legislature\\nfor many years previous. But the Legislature had repelled the ap-\\npeal until she could conciliate and secure allies in treason. And still\\nthis anomaly in legislation, for I venture to say no other State in the\\nUnion has ever had two distinct statutes of limitation in force at the\\nsame time, in different parts of her domain, and during the last five\\nand half years, with all the legislation that has been had by the reor-\\nganized and aaew State governments, no Legislature has had courage\\nenough to wipe out this sop of treason. But it stands to-day with a\\nstatute of limitation of ten years on this side of the Alleghanies, and\\nfifteen years in the few Counties lying east of those mountains, so\\nthat a Judge of the Eastern Circuit has to apply one rule in one\\nCounty and another in a County adjoining, within his circuit.\\nThus it appears that for a period of upwards of thirty .years, this\\nsquatterism has furnished the material for demagogues to work upon\\nin many of our Counties while parts of the old State and this ele-\\nment was occasionally rotted and stirred up by some descendant of\\nan early patentee who had always paid his taxes, by bringing suit\\nagainst them in the Federal Court, where he generally prevailed,\\nthough it was otherwise before the local tribunals, where the dema-\\ngogue-squatter influence has generally prevailed. This is a brief\\nsketch of the policy and legislation of the old State at different per-\\niods upon the subject\\nWhat has the reorganized government and new State clone The\\nConvention representing the loyal people of Virginia, when it assem-\\nbled at Wheeling, the nth of June, 1861, felt vividly on whom they\\nhad got to rely for aid to successfully carry tliem through the perilous\\nwork they were about to undertake not resident Virginians to the\\nmanor born, for they had gone the other way and taken most of the\\nsquatters, or junior patentees with them, filled with the hope of\\nsweeping confiscation and ample farms, but upon non-residents, the\\npeople of the loyal States. And hence, for the purpose of better se-\\ncuring that aid, they put in the ordinance authorizing the formation\\nof a new State,, the following, as fundamental conditions on which it:", "height": "4160", "width": "2512", "jp2-path": "formationofstate00park_0_0313.jp2"}, "314": {"fulltext": "300\\nshould be erected, viz All private rights and interests in lands\\nwithin the proposed State, derived from the State of Virginia prior to\\nsuch separation, shall remain valid and secure under the laws of the\\nproposed State, and shall be determined by the laws now existing in\\nthe State of Virginia.\\nThe lands, within the proposed State, of fion-resident proprietors\\nshall not in a?iy case be taxed higher than the lands of residents\\ntherein\\nI need not mention how these and the other propositions put forth\\nb\\\\ that Conv ention have been responded to by non resident pro-\\nprietors of its lands, and the loyal people generally throughout the\\nloyal States.\\nHow have the people of West Virginia kept this solemn and sacred\\npledge made in that solemn hour The Convention that framed the\\nConstitution of the New State, complied with the condition so far as\\nit related to taxing non-resident proprietors, by section ist, of the\\n8th article, viz Taxation shall be equal and unifoim throughout\\nthe State, and all property, both real and personal, shall be taxed in\\nproportion to its value, to be ascertained as directed by law. No one\\nspecies of property, from which a tax may be collected, shall be taxed\\nhigher than any other species of property of equal value but prop-\\nerty used for educational, literary, scientific, religious or charitable\\npurposes, and public property, may, by law, be exempted from taxa-\\ntion. And the parts relating to private rights and interests in\\nlands, by Section ist, Article 9th, which adopts substantially the\\nlanguage of the ordinance before cited.\\nNear the close of the work of the Convention, a Special Commit-\\ntee, consisting of legal gentlemen, was appointed, composed of\\nThomas W. Harrison, (now Judge; as Chairman, Col. B. H. Smith,\\nMr. Van Winkle, and others, to consider and report on the subject\\nof forfeited, waste and unappropriated lands, which Committee re-\\nported substantially Article 9th of the Constitution. The 4th Section\\nof the Article is a very singular one for a Committee to report, and a\\nConvention to adopt, that were loyal, sincerely desirous of settling\\nthe land titles, or of imposing the burden of taxation equally and im-\\npartially, as guaranteed by the ordinance of 1861 and section 1, arti-\\ncle 8, of the Constitution before recited. It released all lands from\\ntaxes that had been returned delinquent since 1831, where the tract\\ndid not contain more than 1,000 acres, or the tax exclusive of inter-", "height": "4144", "width": "2668", "jp2-path": "formationofstate00park_0_0314.jp2"}, "315": {"fulltext": "301\\nest or damages did not exceed $20 leaving all lands where the\\nquantity exceeded 1,000 acres or the tax $20, still burdened with the\\ntaxes and interest and if not paid in five years ordered them to be\\nsold. The provision operated in favor of rebel squatters against\\nloyal men living in and out of the State, as the squatters lands gen-\\nerally came within the exemption, and in nearly all cases they had\\nsuffered their lands to be returned delinquent for 1861 and 1862, as\\nthey spurned to pay anything to the Wheeling bogus Government,\\nwhile the loyal men had paid theirs and had not suffered theirs to be\\nreturned delinquent. The lands of non-residents, as a general thing,\\nexceed 1,000 acres, and the tax $20, and so were not within the ex-\\nemption. Besides, the taxes so released in favor of rebels generally,\\nbelong to the old State, and will have to be accounted for to her on\\nthe settlement, which loyal men will be taxed again to pay, if any\\nbalance be found against this State. If the State taxes her citizens,\\nor non-residents equally with lands they own, according to fair valua-\\ntion, and then goes to work and releases the rebel squatter part, or\\nany other portion, leaving the burden still on the other owners, she\\nthereby as palpably and clearly violates the fundamental condition of\\nseparation in the ordinance of 186 1 and the whole spirit of our Con-\\nstitution, as she would by taxing one of two of her citizens who own-\\ned property of equal value, twice as much as the other. Here, then,\\nwas a manifest and unwarranted discrimination in favor of rebels and\\nagainst loyal men, resident and non-resident. But the section goes\\nfurther, and to make confused land titles doubly confused and open\\nPandora s box still wider, it releases all lands that had been forfeit-\\ned to the State of Virginia for taxes delinquent since 183 1, where the\\ntract does not exceed one thousand acres, and all taxes and damages\\nfor which they were forfeited. Nearly or quite all the lands proba-\\nbly, coming within this description, had inured to and vested in hold-\\ners of existing patents, which covered the same lands, or had been\\nresold by the old State for two cents per acre. What had not been\\nso disposed of passed to the new State and is to be accounted for to\\nthe old State on settlement. No one can fail to see it opens much\\nground for litigation which was closed before. I opposed and expo-\\nsed it as well as I could in the Convention, but its friends rushed it\\nthrough near the close of the session, many of the members, I be-\\nlieve, not understanding the intricate subject.\\nRespectfully,\\nJanuary 1, 1867. G. P.", "height": "4160", "width": "2524", "jp2-path": "formationofstate00park_0_0315.jp2"}, "316": {"fulltext": "302\\n[No. 3\\nWEST VIRGINIA LAND TITLES THEIR CONFUSION AND\\nUNCERTAINTY IN MANY SECTIONS THE DEPRESS-\\nING EFFECT\u00e2\u0080\u0094 A REMEDY PROPOSED.\\nEditors Intelligencer\\nThe first marked catering of the new State Legislature to the\\nsquatter influence that I have observed is the ioth section of an act\\npassed March 2d, 1865, entitled An Act to provide for the sale of\\ncertain lands for the benefit of the School Fund. (Session Acts of\\n1865, page 82.) The act proposes to carry into effect sections 5 and\\n6 of Article 9th of the Constitution, viz All lands vested in the\\nState by forfeiture, or by her purchased at the Sheriff s sale, and\\nwhich have not been released, or exonerated, or redeemed before the\\n:21st of June, 1868, shall be sold c, in the manner provided in the\\n3d section of the same article and section 6 of the same article of\\nthe Constitution provides that the balance of the proceeds, after pay-\\ning the taxes and damages, (which are to go to the School Fund,) and\\nthe cost, shall be paid to the former owner, or his legal representa-\\ntives, if claimed in two years. It will be observed that the Constitu-\\ntion expressly directs that all lands that are so vested and not releas-\\ned or redeemed, are to be thus sold and the proceeds thus disposed\\nof. The ioth section of the act of the Legislature, before mention-\\ned, undertakes to divert so much of the lands as squatters may have\\npossessed ten years and paid the taxes assessed to them, from the\\ncourse of disposition thus pointed out by the Constitution, and give\\nthem outright to the squatters. Of course the section is a nullity, as\\nit is in direct conflict with the Constitution but it nevertheless shows\\nto an extraordinary degree, the same old spirit of catering to squat-\\nters, and unjust discrimination against non-resident proprietors as\\nwell as a readiness to defraud both the school fund and honest own-\\ners, for the sake of conciliating and getting the votes of these squat-\\nters. Messrs. Ferguson, Maxwell, Lamb and other lawyers of dis-\\ntinction, were members of the Legislature that passed this law. That\\nsection should be swept from the statute book. True, the political\\ndemagogues, for more than forty years have aimed to justify such\\noutrageous legislation by pretending that their object was to encour-", "height": "4160", "width": "2688", "jp2-path": "formationofstate00park_0_0316.jp2"}, "317": {"fulltext": "303\\nage actual settlers and build up the country. This is false. Their\\nobject has been to conciliate the squatters and get their votes by de\\npriving honest non-resident proprietors of their land. Besides, the\\nunsettled, wilderness condition of so much of our lands at this time,,\\ndemonstrate the entire futilty of such a purpose, if it were true, which\\nshould stop its repetition.\\nThe act passed the 24th of February, 1866, entitled, An Act to\\ndispense with the assessment of back taxes, in certain Counties,\\nsession acts of 1866, page 50, affords another striking illustration of\\nthe same spirit. This act professes to relieve the assessors of all\\nCounties in which taxes were not assessed and returned to the Audi-\\ntor s office for the years r86i, 1862, 1863 and 1864 from their obliga-\\ntion and duty to assess them for those years, with this exception\\nthat the lands of all non-residents, which are situated in such Coun-\\nties, shall be taxed and section 2d releases all persons and prop-\\nerty, both real and personal, from all liabilities to pav taxes for the\\nyears aforesaid, with this proviso: Provided, however, that* the\\nlands owned by non-residents of the State, shall not be exempted\\nfrom taxation. Nearly all the inhabitants of the Counties contem-\\nplated w r ere rebels, and off in Dixie so no assessment could be\\nmade for those years under what they termed the bogus govern-\\nment, and returned to Wheeling. Was it this fact that induced the\\nmembers of the last Legislature to make this unconstitutional dis-\\ncrimination in their favor against loyal non-resident proprietors liv-\\ning in loyal States; and this, too, in direct violation of the fundamen-\\ntal conditions of the ordinance of separation, and the provisions of\\nour Constitution before recited If the Legislature had intended to\\ndiscriminate in favor of loyal men even, it had no constitutional right\\nto do so and such a course of legislation, if persisted in, cannot fail\\nto stamp her character abroad, as being more perfidious than the old\\nState has ever been. This legislation, I submit, should be at once\\nmodified, so as to conform to the fundamental condition of separa-\\ntion laid clown by the mother State, and to the Constitution establish-\\ned by our people; and future repetitions henceforth scrupulously\\navoided by their legislative servants.\\nHaving stated what seemed to me to be the cause and nature of\\nthe evil, I will venture to suggest that the coming Legislature, after\\nrepealing these unconstitutional laws, pass the following bill, or sub-\\nstance of it. as an additional remedy, viz", "height": "4160", "width": "2516", "jp2-path": "formationofstate00park_0_0317.jp2"}, "318": {"fulltext": "304\\nA bill to settle conflicting claims to land and quiet the titles\\nthereto.\\nWhereas, By the practice of granting patents heretofore by the\\nState of Virginia, for lands west of the Alleghany mountains, without\\nfirst ascertaining the fact that they were waste and unappropriated/\\nsuccessive patents were granted for the same land, or part, or parts\\nthereof, by reason whereof claims thereto have become conflicting\\nand interfering, and the title uncertain, thereby depreciating the value\\nand preventing the settlement and improvement thereof; and, where,\\nas, it is of the first importance to the State that the title to land\\nshould be judicially settled, and quieted, and shadows removed as\\nsoon as practicable, and the gross frauds stopped which are being\\npracticed upon the public, by sales of worthless patents that bear the\\nseal and signatures of former Governors of Virginia which can be\\ndone more effectually, expeditiously and economically by proceedings\\nin equity than by suits at law, in the form now in use, which afford\\nbut inadequate relief, for remedy whereof,\\nBe it enacted by the Legislature of West Virgiftia\\ni. Any person having valid title to land, legal or equitable, derived\\nmediately or immediately, through grants from the State of Virginia,\\nto which, or part, or parts thereof, in severalty or otherwise, there are\\nadverse claims derived mediately or immediately, through grant or\\ngrants from the State of Virginia, which are junior to his, may, within\\nfive years from the passage of this act, file his bill in equity in the\\noffice of the Clerk of the Circuit Court, for the County wherein the\\ngreater part may lie, to be sworn to by the complainant, setting forth\\nthe grouuds and chain of his title and the boundaries of his land, or.\\npatent, or patents, under which he claims, with the names of the per-\\nson^ known to him to be residing within such boundaries, who claim\\nadversely to his title, mediately or immediately, through such junior\\ngrants from the State of Virginia any part thereof in severalty or\\notherwise and thereupon it shall be the duty of the Clerk of said\\nCourt to issue summonses to the persons so named as claiming ad-\\nversely as aforesaid, to be made returnable on the first day of the\\nfirst term of the said Court, which shall commence more than forty\\ndays thereafter, directed to the Sheriffs of the Counties in which the\\ndefendants are described as residing, which it shall be the duty of\\nsuch Sheriffs to serve and return in the manner now provided by law", "height": "4152", "width": "2676", "jp2-path": "formationofstate00park_0_0318.jp2"}, "319": {"fulltext": "305\\nfor serving summonses in suits in equity; such service to be made,\\nhowever, thirty clays before the day on which they are made return-\\nable.\\n2. Upon the return of the summonses, duly executed, as to such\\nof the defendants as shall not appear during the term to which such\\nsummonses are made returnable, the complainant s bill shall be taken\\nfor confessed and such as shall appear, shall at the next succeeding\\nterm of the Court, or at such intervening rule day as the Court shall\\norder, file their answers subscribed and sworn to, setting forth the\\nboundaries of their respective claims, with the grounds and claims\\nof their title, and upon their failing so to do, the complainant s bill\\nshall be taken for confessed as to them also, unless the Court shall\\nfor good cause shown, give further time to make and file their\\nanswers.\\n3. The Court in which any such bills shall be pending, shall have\\npower, upon the request of either party, to appoint Commissioners\\nor masters in chancery to take testimony, and to ascertain and report\\nany facts pertinent to the issue, and also to appoint Surveyors to\\nmake any surveys that may become necessary, and that either party\\nshall require and when the testimony is completed, shall proceed to\\nhear and determine, sitting as a Court of Equity, all questions of\\nlaw and fact arising in the case, and to annul and order to be can-\\ncelled, in whole or in part, all patents, so far as they shall be\\nfound to be invalid and its decision shall be conclusive upon the\\nrights of the parties, provided, any party aggrieved may appeal within\\nthe time and upon the terms appeals are now allowed by law, from\\nthe Circuit Courts.\\n4. If any person entitled to bring his bill by the provisions of the\\nfirst section of this act, shall fail to bring and prosecute the same,\\nor his action of ejectment, within the time provided in such first sec-\\ntion, fie shall be forever barred of any right of entry, action or claim,\\nto so much of his land as shall have been cleared and improved,\\n(and to include so much adjoining woodland as may have been used\\nin connection with such improvement for getting necessary fuel, and\\nfencing timber for the same, provided such appertinent wood-lot\\nshall not exceed acres,) by any person claiming bona fide under\\nany grant from the State of Virginia, that is junior to his which,\\nwith the buildings and improvements thereon, shall be confirmed to\\nthe person making or claiming such clearings and improvements so\\nmade under junior grants as aforesaid, but shall stand confirmed in", "height": "4160", "width": "2516", "jp2-path": "formationofstate00park_0_0319.jp2"}, "320": {"fulltext": "306\\nhis title to the remainder so far as such occupant is concerned pro-\\nvided any person who has right to bring his bill by the first section*\\nof this act, shall, when his right first accrues, be an infant, married\\nwoman or insane, such person may bring such bill or action of eject-\\nment, within one year after such disability is removed, but not after-\\nwards.\\n5. When in cases where the defendant shall appear and answer^\\nthe Court shall decide against him, he shall be allowed the value of\\nthe improvements bona fide made by himself, or those under whom\\nhe claims, and he to account to the complainant for the fair rent for\\nthe use of the premises, and just compensation for damage done,\\nand for what has been taken therefrom by himself or those under\\nwhom he claims to be adjusted by the Court according to the rules\\nlaid down in chapters 135 and 136 of the Code of Virginia,, second\\nedition.\\n6\\\\ The complainant, upon filing his bill, shall be enSided to a writ\\nof injunction. upon the terms such writs are now granted, restraining\\nthe defendants from committing strip r or waste, (except by clearing;\\nland for the- purpose of cultivation) or selling, or assigning the junior\\npatents or grants under which they shall claim, or interest theretofore\\nclaimed by them, to- any person without permission from the Court.\\n7. This act shall not be- construed to repeal or impair any other\\nexisting remedy the complainant now has r nor alter the existing stat-\\nutes of limitation, except in the- instance before stated.\\nSuch a law, I submit, will at once place the conflicting claims be-\\ntween the actual occupants under junio? grants and bona tide owners-\\nunder previous valid ones, whether the latter be resident or non-resi-\\ndent, in process for speedy, equitable and just settlement, witfe such\\npatents as are valid, judicially established, and such as are found to-\\nbe invalid, annulled and cancelled so as to be incapable of further\\nfraud or mischief upon the public. This, a Court of equity has the\\npower of doing, as well as to invoke the aid of a jury when deemed\\nj roper for settling any facts before making up its decree. It will en-\\ncourage actual occupants to clear and improve all the land possible,\\nand so help the State, by giving him full assurance that if the real\\nowner fails to come within the five years, he becomes absolute owner\\nof all he has cleared, with his buildings and enough more adjoining,\\nwoodland to furnish his farm with necessary wood and timber. Audi\\nif the owner does sue within the time and establish his title, he is u", "height": "4172", "width": "2688", "jp2-path": "formationofstate00park_0_0320.jp2"}, "321": {"fulltext": "307\\nbe allowed a fair compensation for all the improvements that have\\nbeen made on Che land, deducting what would be fair for rent and\\nwhat had been carried away. This leaves the occupant, if the owner\\nclaims, in as good or better plight than the present law allows him.\\nBesides, I believe the passage of such a law would lead at once to an\\namicable adjustment with most of the occupants. Such a law will\\nalso do full justice to the resident and non-resident owners. As soon\\nas the present \u00c2\u00a9ccupants shall be settled with, the law may be ex-\\ntended to the settlement of conflicting claims under patents to lands\\nremaining in a wilderness state, as both at the same time would prob-\\nably devolve to\u00c2\u00ae much business upon the courts. It will be observed\\nthat the present action of ejectment is retained, but the time for\\nbringing it against y^ctual occupants is reduced to five years, with the\\nusual exceptions m favor of persons under disabilities.\\nThe order and service \u00c2\u00a7f it, to plead in our present ejectment pro-\\nceedings, I submiit, is supediuous and should be abolished. The\\nservice of the declaration upon the defendant is notice enough. The\\nproposed remedy, I submit, is in accordance with the fundamental\\ncondition of separation, prescribed by the Convention of 1861 and\\nour Constitution, and disturbs no vested rights, and will do equal\\njustice to all parties interested.\\nThe idea that a returned rebel squatter or any one else, because\\ntie had taken out a junior patent paying two cents per acre, a short\\ntime before the rebellion, covering wo, 500, or 1,000 acres of a sur-\\nvey patented 70 or 80 years ago by some revolutionary soldier or pa-\\ntriot, who, with his descendants or assignees, has paid all taxes since,\\nand because the rebel squatter had cleared a small patch and built a\\ncabin, before going to the rebellion, he is to obtain, after failing to\\ndestroy the Government and all loyal men, and hold the whole land\\nincluded in his patemt to the exclusion of the first patentee or his as-\\nsigns, who have been all the while loyal and true, would shock the\\nmoral sense of all honest men. The mere act of shortening the\\nstatute of limitations has had, and can have, but little effect in set-\\ntling conflicting claims to our hill and mineral lands, for there has\\nbeen no such possession as to give it application, as a general thing.\\nI am confident it requires some measure like the one suggested to\\nrestore the confidence and good wishes of our former friends, and\\ninduce capital and immigration to come among us. Our State posses-\\nses few, if any, of those extraordinary attractions which induce these", "height": "4156", "width": "2524", "jp2-path": "formationofstate00park_0_0321.jp2"}, "322": {"fulltext": "308\\nto a place regardless of unfriendly legislation and repellaat feelings,\\nas the gold of California has done. May I not hope in common\\nwith our people, from the eminent legal ability and practical common\\nsense, that the members elect, guarantee for our next Legislature, a\\nbody which alone has the power to act in the matter the adoption\\nof the measure proposed, or a better one. Until this is done, a re-\\nnewed squabble for locating the Capital will look like Nero s fiddling\\nwhile Rome burned.\\nRespectfully,\\nG, P.\\nJanuary 3, 1867.\\nOUGHT THE BALTIMORE AND OHIO RAILROAD TO\\nBE ASSESSED AND MADE TO PAY ITS JUST SHARE\\nOF TAXES\\nEditors Intelligencer\\nPaying for myself, and the parties I represent, perhaps the largest\\ntax in the State upon real property, and never having had a dollar\\nreleased as yet by the various releasements by the Convention and\\nLegislature heretofore made, which have operated almost exclusively\\nin favor of rebels and squatters you will pardon me for the interest\\nI feel in the action the Legislature shall take in relation to this mam-\\nmoth corporation. For if rebel squatters are to be the. exclusive re-\\ncipients of its gracious favors, and this mammoth corporation is to\\ndefy successfully its legitimate power, it is time for honest men to be\\ngetting out of the way. Of course, the Baltimore and Ohio Railroad\\nstands upon its legal rights as individuals stand upon theirs. This\\ncompany is seeking its own interest, and has been ever since it was\\ncreated, and not the interest of Virginia, or West Virginia. All its\\nchartered rights, nevertheless, should be cheerfully accorded, and, at\\nthe same time, all the duties and obligations its charter and the law\\nimpose should be rigidly and fearlessly enforced. It is a Baltimore\\ninstitution, and owes its birth to the Legislature of Maryland. The\\ngreat purpose of its projectors was to tap the coal fields about Cum-\\nberland, and the Great West at the Ohio river, and thereby secure\\ntrade to Baltimore imitating in this respect the great cities at the", "height": "4144", "width": "2708", "jp2-path": "formationofstate00park_0_0322.jp2"}, "323": {"fulltext": "309\\nNorth. Unless they coulcl tap the Cumberland coal fields and the\\nOhio river, they could not have found half business enough to have\\nsupported a road. And now they talk largely about the profits of\\nthe east end of the road What would these be if it was not for the\\nwest end that puts them in easy communication with their coal fields\\nand the west After going about eighty miles they found it conven-\\nient, if not absolutely necessary, to leave Maryland at Harper s Fer-\\nry, and from thence nearly all the way to the Ohio river, to use Vir-\\nginia (now West Virginia) soil. For this privilege, without which the\\nroad would have been valueless, the Mother State was careful to im-\\npose certain obligations and duties, all which obligations and duties\\nhave inured and become due to West Virginia and it is her right\\nand duty to fearlessly exact their performance, fairly and justly, in\\norder that she may give to her own citizens the protection she owes.\\nWhat are these obligations and duties These, so far as they re-\\nlate to taxation and the exaction of fare and freight from our citi-\\nzens, are contained in the 6th, 7th (being the one you copied,) and\\n8th sections of an act passed by the Legislature of Virginia, March\\n6th, 1847, Session Acts 1846-7, page 88. These sections contain the\\nsubstance of an act passed February 19th, 1845, which subjects the\\nBaltimore Company to the general rules and regulations established\\nby the Legislature of Virginia, in 1837, for governing her own Rail-\\nroad corporations making them subject to taxation, and requiring\\nuniform fare and freight per mile without regard to person or dis-\\ntance and the act amendatory thereof, passed the 28th February,\\n1846, relieving the Company from taxation until its net income should\\nexceed six per cent, on the capital invested.\\nThe letter and spirit of this legislation shows it to have been the\\nintention of the Mother State, as a consideration for the important\\nprivilege granted, to subject the property of the Company, found or\\naccruing within her jurisdiction, to taxation as soon as its net income\\nshould exceed six per cent, on the capital invested and also to all\\nof her citizens the right of riding and transporting as cheaply per\\nmile, as citizens of Ohio and other States. She would have done\\nher own citizens great injustice if she had not secured them this\\nright. Taking the figures then, as you have given them and, doubt-\\nless, correctly that the average net income of the Company for the\\nlast nine years rising sixteen per cent, on the whole capital invested\\npray tell me where there can be any question at all to be compro-\\nmised Cannot any taxpayer in the State ask for compromise and", "height": "4156", "width": "2516", "jp2-path": "formationofstate00park_0_0323.jp2"}, "324": {"fulltext": "310\\nrelease with as much grace and show of equity as this mammoth\\nCompany presumes to ask it It strikes me he can. The facts as\\nstated by Mr. King, their auditor, for the purpose of raising an\\n\u00e2\u0080\u00a2equity in their favor, seems to me to make the other way. Their road\\nfrom Baltimore to Harper s Ferry would hardly pay for the oil and\\nfuel, if it had stopped there, and had not an extension over our terri-\\ntory to the coal fields and the Ohio river and so will the fact that\\nthe Company have invested $5,744,430 08 in the North Western Vir-\\nginia Railroad a Company organized under a distinct and indepen-\\ndent charter from Virginia, dated February 14, 185 1 four years af-\\nter the act in question was passed and which investment he says, is\\nunproductive. Still, this amount, I infer, forms a part 01 the Com-\\npany s aggregate capital invested, on the whole of which it has re-\\nceived the large net profit before stated, notwithstanding the unpro-\\nductive investment in the North Western Road. Deduct the unpro-\\nductive amount from the aggregate investment and the remainder\\nwhich has been expended on the Baltimore and Ohio Railroad, the\\nonly Company or Road that West Virginia, in view of the legislation\\naforesaid of the mother State, can have any concern with and the\\nnet income would obviously have been much larger. The language\\nof the acts making the grants, with their dates, makes it absolutely\\ncertain that the obligation to pay taxes arose whenever the net in-\\ncome of that Road, taken as a whole, exceeded six per cent., on the\\nmoney invested in that Road. The obligation then to pay taxes is as\\nclearly attached to that Company as to myself or any other citizen\\nand what is to be done Compromise release I ask for the\\npower in the Legislature to do it The Mother State Legislature\\npossessed such a power, and we all know, to our sorrow, how she\\nabused it. If the majority in the Convention that framed the Con-\\nstitution, had any fixed determination, it was to put an end to that\\nenormous evil and fraud, and make taxation equal. The first section\\nof the eighth article of that instrument did the work and the partic-\\nular enumeration of the kind of property in the last clause of that\\nsection, that the Legislature may, in its discretion, exempt from taxa-\\ntion, clearly limits the legislative power to the subjects therein enum-\\nerated which are property used for educational, literary, scientific,\\nreligious or charitable purposes, and public property. I hardly\\nthink this mammoth corporation will attempt to bring itself within\\neither of these and still it would be scarcely less absurd and pre-\\nsumptuous than the grounds they have put forth. The contemptible", "height": "4160", "width": "2692", "jp2-path": "formationofstate00park_0_0324.jp2"}, "325": {"fulltext": "311\\nsubterfuge heretofore practiced, in attempting to avoid the manifest\\nspirit and meaning of this section of the Constitution, by first making\\nan equal and just assessment, and then going to work and releasing\\ncertain favored parties from payment of taxes, leaving the burden\\nstill on others, will not long be tolerated or submitted to by a just\\nand intelligent people. Of course r all errors that occur in making;\\nthe assessment, are correctable. It is difficult to see how the grant-\\ning of any rights, withheld by this Company from citizens living along:\\nthe road, can give the Legislature a power, which the Constitution in\\nexpress terms denies. If any of our citizens are being wronged by\\nthe Company, it is the duty of the State through her Legislature and\\nCourts to provide them relief, by Constitutional means, which she\\nclearly possesses.\\nI don t believe, therefore,, that our Legislature will feel itself called\\nupon, or justified, in giving much of its time to a claim so utterly\\ngroundless and so clearly beyond its power though pressed again,,\\nas I saw it last winter, with all the appliances usual on such occasions,,\\nand by such a Company. The only question, it seems to me is, have\\nthe authorities of West Virginia the courage and nerve to assess and\\ncollect this just tax off this rich corporation If not r our people and\\nthe world should know it.\\nRespectfullv,\\nG. P.\\nJanuary 15, 1867.\\nTHE BESIEGERS OF THE LEGISLATURE\u00e2\u0080\u0094 THEIR NEW\\nMODE OF ATTACK.\\nEditors Intelligencer\\nThe siege of this mammoth Company upon the Legislature is une-\\nqualed. A majority of the Senate has succumbed\u00e2\u0080\u0094 receiving, I pre-\\nsume, only part of what Tarpeia received from the besieging Sabines r\\nbut to receive, I trust, the; other party in crushing weight at least, from*\\na betrayed people.\\nYou state the Company assume to justify their demands under\\nsections 46-7 of chapter 3d, session acts of Virginia, 1859 and i860,,\\npages 69-70, I presume, which imposes on internal improvement\\ncompanies one mill per mile on every passenger transported, and\\nowe-half of one per cent, of all monies received by any company for", "height": "4160", "width": "2512", "jp2-path": "formationofstate00park_0_0325.jp2"}, "326": {"fulltext": "312\\ntransportation of freight; and requiring each company to report un-\\nder oath of its officers, every three months, the number of passengers\\nand gross amount of freight under a penalty of $500 for each neg-\\nlect, and liability to have its property assessed to its full value and\\nsold. And in case any railroad or canal company be only in part in\\nthe State, then to report such proportion of gross passenger and\\nfreight money received, as the part in the State bears to the whole\\nimprovement.\\nNow, if this law were consistent with the Constitution of the old\\nState, which may be well doubted, and not annulled by our Constitu-\\ntion\u00e2\u0080\u0094 -(and there can be no doubt that it was) the company 1 under-\\nstand has never made the quarterly reports required. And, there-\\nfore, if the law were valid now, would be subject to all the penalties\\nit imposes, viz the fines, and to have all its property assessed at its\\nfull value and charged with all taxes in arrears and sold. One two\\nhundredth part of the gross freight money it has received, on the\\nproportion of the works in this State -during the last six years, with\\none mill per mile on each passenger transported in that time, would\\namount to an immense sum. On your statement of their annual in-\\ncome, to fifty or sixty thousand dollars a year and three to four hun-\\ndred thousand dollars for the six years and this to be bartered away\\nfor about $43,000 paid now, and $30,000 annually hereafter, of which\\nthe State is to receive half only\\nAnd a grave question may arise whether the new State may not\\nhave to account to the old State, for some years at least before the\\nseparation, for taxes on passengers, and tonnage due from railroad\\ncompanies, under act of February, 1863, of the re-organized gov-\\nernment.\\nBut section 22; chapter 4, of the Constitution of Virginia, provides\\nthat taxation shall be equal and uniform on all property except\\nslaves. If the word uniform is to have any meaning at all, in this\\nconnection, it must mean that all real estate, whether it be the land,\\nbuildings and tracks of the railroad companies, or my farm, shall be\\nassessed and taxed in one and the same form, and upon an equal\\nand just valuation and the Legislature of the old State had no\\nright, I submit, to assess and tax my farm in this form, and my neigh-\\nbor s by compounding with him for the one-twentieth part of his\\ncrop, or in any other form.\\nBut if the old State violated her Constitution, it is 110 reason why", "height": "4160", "width": "2696", "jp2-path": "formationofstate00park_0_0326.jp2"}, "327": {"fulltext": "O 1 O\\nthe new State should violate her s. The first Section, eighth Article,\\nof her Constitution, admits of no doubt. To place it beyond doubt,\\nafter adopting the old State s provision that taxation shall be equal\\nand uniform, omitting the slave exception; she adds this clause\\nNo one species of property, from which a tax may be collected,\\nshall be taxed higher than other species of property of like value,\\nand then particularly enumerates the kinds of property that the Leg-\\nislature may, in its discretion, exempt. All property, then, is to be\\nvalued and assessed in a uniform manner, according to that value.\\nHow any honest legislator, with an oath to God upon his soul, to\\nuphold and observe the Constitution containing these provisions, can\\nvote for the present bill, or entertain it for a moment, passes my\\ncomprehension.\\nThe excuse some make is, that it is only for five years, and does\\nnot compromise the rights of the State. Do they not know that\\nduring the five years all the extraordinary expenses of erecting our\\npublic buildings are to take place, and have got to be payed from\\ntaxes as fast as incurred, as the Constitution expressly prohibits the\\nState going in debt.\\nI would ask him, who says we are unable to assess and collect a\\njust and equal tax of this Company\u00e2\u0080\u0094 when shall we be stronger\\nNor are all the succeeding questions which that great Virginian put\\nto arouse his drowsy countrymen, less applicable to ourselves at this\\ntime. As then was their time to test, so now is our time to test\\nwhether the State of West Virginia, or the Baltimore and Ohio Rail\\nroad Company, possess the stronger arm.\\nRespectfully,\\nFebruary 26, 1867. *i.\\n[No,r.]\\nOUR INSANE HOSPITAL.\\nEditors Intelligencer 1\\nAnother subject the Governor regards of primary importance, is\\nthe West Virginia Hospital for the Insane, located at Weston, whose\\nHoard of Managers, appointed by himself, he savs are gentlemen ot\\nPa", "height": "4160", "width": "2516", "jp2-path": "formationofstate00park_0_0327.jp2"}, "328": {"fulltext": "\\\\i\\nintegrity and efficiency, and who confidently expect by next f une, to*\\nhave room for one hundred additional patients, and accomplish it\\nwith the appropriations already made. But it also appears, he says,\\nby their report, that there are now pending more than eighty applica-\\ntions of parties who are still waiting for vacant room for their accom-\\nmodation and that it is not probaHe their number will decrease so\\nthat when accommodations are provided for these, there will still be\\nno provision for the one hundred of this unfortunate class of people-\\nwho are yet in Asylums in Virginia, and therefore, he feels it his duty\\nto recommend a liberal appropriation for the purpose of proceeding.\\nHy as possible with the construction of the Institution: and\\nalso that it will be necessary in estimating for the support of the in-\\nsane, to make provisions for those remaining in the Hospital of Vir-\\nginia, being one hundred as before stated. Upon this plausible\\nstatement, I see a Committee of the House have reported a bill for\\nappropriating $150,000 more.\\nI see from the Auditor s report, that the Governor, to make up\\nthe sstirnated ordinary expenses for the current year, (from 1st of\\nOctober last to 1st of October next,) includes $8o 7 ooo, balance re-\\nmaining unpaid of appropriations made last winter for the Peniten-\\ntiary and Hospital which reduces the ordinary expenses proper,,\\nas estimated for the cm rent year, to $271,150. If items like these,\\n$75,000 for a Hospital, to cost near half a million, as is doubtless\\ncontemplated by its managers, and $50,000 towards erecting a Peni-\\ntentiary to cost no one knows how much, are to enter into* our ordi-\\nnary expenses what amounts and what objects will constitute our\\nextraordinary expeftsfcs\\nAs this Hospital is the only important public work our authorities\\nhave had in charge before the Penitentiary was commenced, I pro-\\npose to state some facts in relation to it.\\nThe Legislature by act passed the 22d of- Matfcrli, 1858; Session\\nacts 1857-58, page 117 incorporated the Lunatic Asylum of West-\\nern Virginia, appointed nine Directors and Commissioners to select\\nand purchase a site not to exceed 300 acres, and construct a com-\\nmodious house or houses fit for receiving and acrommocMing per-\\nsons insane, provided the whole expense thereof, site and buildings,\\nshould not exceed $25,000. The Legislature of 1859-60- appropriat-\\ned $1*00,000 more, to be paid in two annual instalments of $50,000*\\nSession acts 1859-60, page 105.", "height": "4160", "width": "2704", "jp2-path": "formationofstate00park_0_0328.jp2"}, "329": {"fulltext": "315\\nThe Legislature of the Re-organized Government by act of Jan-\\nuary 27 th, 1863, Session acts 186.2-3, P a e 2 5? appropriated $40,000\\nto be expended in completing and finishing the south wing and the\\nb dance on the main building. The Legislature of the New State\\nlias appropriated, as follows, toward its construction, viz in 1864,\\n$6,000; in 1865, $16,000; and in 1866, $75,000 making the aggre-\\ngate appropriations for purchasing the site and constructing the\\nbuilding $260,000 which have already been made and it is proposed\\nby the present Legislature to appropriate $150,000 more, making a\\ngrand total of $41 0,00.0. This will be quite an enlargement of the\\noriginal plan contemplated by the Old State which limited all cost to\\n$25,000 m 1858.\\nIt does seem that the Legislature should investigate carefully into\\nthe whole matter before they appropriate more money to this object.\\nNo State of the age, size and ability of ours has appropriated as\\nmuch as we have already for a similar object, while we at the same\\ntime, have all our Public Buildings to erect.\\nI learn from the Governor s Message of January, 1865, that after\\nfeeing delayed in consequence of the rebels stealing blankets, c,\\nthe Hospital was finally opened tor receiving patients the 12th of\\nNovember, 1864, and all those that had been in the Hospital of\\nOhio, and those in the jails of this State were collected and put\\ntherein, leaving the 100 still in the Hospitals of Virginia.\\nLet us next see with what economy a-iad efficiency the affair has\\nsince been managed. There was appropriated by the first Legisla-\\nture of the New State, December ,7, 1863, for those then expected to\\nbe in the hospital $r,8oo in 1864, for the support of the insane,\\n$10,000 in 1865, $16,000 in 1866, the last Legislature appropriat-\\ned as follows For the current expenses of the West Virginia\\nHospital for the fiscal year 1866, $16,000. .For expenses of luna-\\ntics confined in jails and carrying them to hospital, $3,000. For\\nthe support of the lunatics in the Virginia hospitals, $23,000 mak-\\ning $42,000 for their support one year.\\nBy the Auditor s last report, he estimates for the present fiscal\\nyear, which the Governor endorses* $20,000 to meet the current ex-\\npenses of the hospital $23,700 to support the insane in the Vir-\\nginia hospital and $5,000 to support those still remaining in our\\njails, making a total of \u00c2\u00a348,7 00, which is to be drawn from the\\ntreasury the present year to support our insane, besides the profit", "height": "4160", "width": "2500", "jp2-path": "formationofstate00park_0_0329.jp2"}, "330": {"fulltext": "316\\nand income of the hospital farm, and rent of buildings that have\\nalready cost rising $200,000, the interest on which, added to the\\nmoney to be paid out, will amount to over sixty thousand dollars to\\nsupport our insane the present year.\\nI do not know the number of patients in the hospital and jails, but\\nthe Governor has told us that there are one hundred in the Virginia\\nhospitals at Staunton and Williamsburg $23,700 distributed among\\nthat number will give to each $237,00 a year, and $4,55 per week.\\nThe estimate for those at home, in the hospital and jails, is $25,000,\\nand whoever knows their number can readily make the figures as to\\nthem. I happen to have the annual report of the Trustees of the\\nState Lunatic Hospital at Worcester, Massachusetts, for i860, one of\\nthe best conducted in the country, and owned and managed exclu-\\nsively by the State. The trustees fix the price of board, the first of\\neach fiscal year, and it is fixed for i860 at $3,00 per week, for the\\nfirst six months after entering the establishment, and $2,75 per week\\nafterward. The cost of living generally is greater now than then,\\nbut is always much higher in Massachusetts than in West Virginia.\\nNo patients are received into that hospital, except by request of\\nfriends or overseers of the poor in both cases sufficient bonds are\\nrequired to be given to the treasurer to pay all expenses and damage\\ndone or by order of the Courts, in which cases security is required\\non the patient s property, if he has any, and if not, the town in which\\nhe has his legal settlement, is held responsible to pay. By this\\nmeans and proper management otherwise, the institution supports\\nitself. It had at the close of the year i860, 331 patients.\\nChapter 85 of the Code of i860, which remains in force here, ex-\\ncept the 1 6th section, which was repealed in 1863. contains all the\\nnecessary provisions for making secure the pay before receiving the\\npatient, and enforcing the payment. Its provisions in this respect\\napplied to the Staunton and Williamsburg Hospital, as they^were the\\nonly ones then in operation. But when our hospital went into oper-\\nation, in the Fall of 1864, these provisions applied equally to it, un-\\nless altered by our Legislature, which, I think, has not been done.\\nSection 8th of the Chapter aforesaid, provides that all money paid\\nto the Treasurer of the Hospital for support of patients, shall be\\npaid quarterly into the Treasury of the Commonwealth. The one\\nhundred insane now in the hospitals of Virginia were, of course, re-\\nceived into one or the other of these hospitals before the war, and\\nample security was doubtless taken to pay their support, c.", "height": "4160", "width": "2704", "jp2-path": "formationofstate00park_0_0330.jp2"}, "331": {"fulltext": "317\\nNow our State paid out for supporting her lunatics as follows In\\n1863, $1,800; 1864, $10,000; 1865, $16,000; 1866, $42,700; in all,\\n$70,500 all, or certainly the greater part of which was, or ought to\\nhave been made secure when the patients were admitted at Staunton\\nand Williamsburg, before the war, or at Weston since the war, and\\nthe money collected and paid into the State Treasury, according to\\nthe law of 1858, before stated, or offset against Virginia s claim for\\nsupport. The Auditor s estimate for the present year for supporting\\nthe insane is $48,700, which amount is asked to be appropriated by\\nthe present Legislature. I trust there is not a legislator that will ap-\\npropriate another dollar to that concern in any form until this matter\\nis cleared up, and the money paid over. The corporation had no\\nauthority to appropriate the income for patients board to paying cur-\\nrent expenses, if it had been needed, which I trust I have shown\\ncould not have been the case, for the money drawn from the Treas-\\nury of the State has been, of itself, more than ample. If lost by the\\nnegligence or carelessness of officers, be they who they may, make\\nthem respond. Our young State, turned into a great charitable or\\neleemosynary institution, supporting free of charge, without respect\\nof ability to pay, of either patients or relatives, all people who hap-\\npen to fancy they are deranged, or that half crazy doctors may pro-\\nnounce so, at the rate of $4 55 per week, and honest citizens to be\\ntaxed to pay The destitute and friendless lunatic, I will do as much\\nfor as any other man of my means, but suckers, drones and shirks, I\\nwas never made to carry quietly.\\nVery Respectfully,\\nG. P.\\nJanuary 25 th, 1867.\\n[No. 2.]\\nOUR INSANE HOSPITAL.\\nEditors Intelligencer\\nSince the publication of some remarks upon this subject, in a for-\\nmer number of your paper, I have read the last report of those in\\ncharge, furnished me by a neighbor, and have received from Dr.\\nKtrkbride, physician to the Pennsylvania Hospital for the Insane,\\nhis work on the construction, organization and general arrangement\\nof Hospitals for the Insane. Of this work, the compiler of the 8th", "height": "4160", "width": "2516", "jp2-path": "formationofstate00park_0_0331.jp2"}, "332": {"fulltext": "318\\nUnited States census, under the direction of the Secretary of the In-\\nterior, speaks in 1863, thus In 1854 Dr. Thomas L. Kirkbride\\npublished a treatise on the construction, organization and general\\narrangement of Hospitals for the Insane, which has become a stand-\\nard authority. See 8th census United States, page 94. I propose\\nto give some extracts from this work, which cannot fail to be of inter-\\nest to our people at this time. At page 10th, remarking on the size\\nthe building should be, he uses this language: All the best author-\\nities agree that the nnmber of insane confined in one hospital should\\nnot exceed two hundred and fifty and whenever that number is at-\\ntained, instead of the States enlarging, he urgently advises the erec-\\ntion of a separate building in another section of the State. And af-\\nter giving a very minute description of every thing deemed necessary\\nto make the establishment complete and perfect for that number of\\npatients, and giving full diagrams of his plan, which consist of a large\\ncentre building, with wings on either side, the whole to be built of\\nbrick or stone, and each wing consisting of three sections, the whole\\nthree stories high above the ground, with cellar under the whole, and\\ndome on centre building he remarks thus The general features\\n-of the plan proposed in the present essay were originally prepared\\nby the writer at the request of the Commissioners for putting up a\\nState Hospital for the Insane in New Jersey, and the designs for that\\nbuilding were made from the sketches at that time furnished to the\\n.architect. He regrets, however, that the Commissioners varied\\nfrom it in some respect in order to diminish the cost, which impaired\\nits completeness, but which the Commissioners were at that time\\nsupplying. That the same plan was also substantially followed by\\nthe State of Indiana in constructing her Hospital at Indianapolis\\nby Illinois in erecting her s at Jacksonville by Pennsylvania, her s\\nat Harrisburg and by Ohio in erecting her s at Dayton and Cleve-\\n1 Liid, known as her Northern and Southern Hospitals and by\\nAlabama, in the construction of her Hospital, then being erected at\\nTuscaloosa. He also remarks thus: If there was any doubt of\\nthe propriety of putting up the whole building at once, I should have\\nno hesitation in saying that rather than leave off the extreme wings,\\nit would be advisable that the work should be commenced at once at\\nboth extremities, and made gradually to approach the centre. See\\npiges 34, 35 and 11.\\nAt page 30 he remarks thus on the cost The cost of a Hospital\\nlike that described will vary at different sections of country according", "height": "4160", "width": "2692", "jp2-path": "formationofstate00park_0_0332.jp2"}, "333": {"fulltext": "to the price of materials, and labor, and the facilities for mamifactur-\\ning the various fixtures, that may be required for the different pur-\\nposes of the Institution. The estimates for completing such a build-\\ning at Philadelphia, as made by competent architects, is one hundred\\nand fifty-five thousand dollars. To the same I would add for the\\nhealing and ventilating apparatus, for bath and wash rooms, water\\nclosets, sinks, water tanks and pipes, cooking apparatus, washing and\\ndrying fixtures, bake rooms, and steam engine and pumps, $25,000.\\nThe cost of furniture for every part of such a Hospital, when full of\\npatients, would amount to about $15,000, The farm stock, wagons\\nand tools, and the different vehicles required would cost probably\\n$3,000 additional; so that, exclusive of the farm, which of late has\\ngenerally been presented to the State, either as a gift from benevolent\\niudividuals, or by some town, desirous of having the Institution near\\nit, the entire cost of building such a Hospital for the Insane, provid-\\ning all its fixtures and furnishing it in every part, would be in this\\nsection of country (Philadelphia) not far from two hundred thousand\\ndollars.\\nIn making an estimate of the cost of a Hospital for the Insane, I\\nfelt no disposition to underrate it.\\nDr. Kirkbride puts the whole expense of labor and professional\\ncare of his complete hospital with 250 patients, at $12,637 a V ear i anc\\nshows by his annual reports of the institution over which he presides,\\nthat very few patients remain over one year, and that the number of\\nadmissions and discharges are about equal each month and that of\\nthe 3,360 patients that have been in that hospital since 1841 more\\nthan half have been discharged cured, after an average of six months\\ntreatment.\\nNow let us compare the money already expended, the present con-\\ndition and capacity, and the success of our hospital thus far with the\\nfacts before stated. Two hundred and sixty-seven thousand three\\nhundred and sixteen dollars and ninety- eight cents had been appro-\\npriated toward its construction before the present Legislature met\\nand I see the Richmond Legislature in s86i appropriated $25,000\\nfor completing a wing of the Northwestern Hospital so as to accom-\\nmodate the lunatics then in jail, which sum is not included in the sum\\nabove named.\\nNow what has been accomplished 1 see bv their last report that\\nforty three patients are all there is room for or that can be accommo-", "height": "4160", "width": "2508", "jp2-path": "formationofstate00park_0_0333.jp2"}, "334": {"fulltext": "320\\ndated that fifty four patients is the number that had been in the\\nestablishment between January first and October first nine months\\n-that fourteen had been admitted, six discharged, cured, one much\\nimproved, and four had died during this nine months. They make\\nthe current expenses during this nine months, $9,314 37. Of this\\nthere was paid out for salaries and labor $4,994.89\u00e2\u0080\u0094 -about 3-5 as much\\nas Dr. Kirkbride required in 1854 to equip and manage a complete\\nhospital with 250 patients a year, and cure over one-half of these,\\nand discharge nearly all the balance that were living. Superintend-\\nent Hills attempts to account for this difference in the fact that his\\ncases are of long standing and therefore incurable, and seems to\\ncomplain that somebody has not the power to remove these and give\\nroom for such as are curable. I had supposed the Board had this\\npower. He also urges it as a cogent reason why the south wing for\\nthat is all, as I understand, that is as yet commenced\u00e2\u0080\u0094 and even the\\nwhole building should be speedily completed. And to make the\\nnecessity more apparent, he says there are now over forty in the part*\\nof the wing that is finished, over eighty applications already made,\\nand by May or June, when this wing is to be opened, he calculates\\nthere will be fifty or sixty more making a total of one hundred and\\nsixty or one hundred and seventy that the finished capacity cannot\\nthen exceed one hundred and forty to one hundred and fifty patients,\\nand though these may be reduced some by death, recovery and other\\ncauses, there will remain the one hundred in the hospitals of old Vir-\\nginia unprovided for. He further states, as an adept in the business,\\nthat from fifty to one hundred new cases may be annually expected\\nto occur among a population as large as ours, and therefore con-\\ncludes that it is absolutely necessary that the whole building should\\nbe cofnpleted as soon as possible.\\nIf we shall provide suitable accommodations for 118 insane per-\\nsons ctt a time, we do as much as is done on an average throughout\\nthe country. There were in i860, 11,133 insane persons in hospitals\\nin the United States, and our share in proportion to our population,\\nw.U be about the number stated and according to Dr. Hills state-\\nment, approved bv the Board, the $75,000 appropriated by the last\\nLegislature, will accomplish that, and more too and then by the ro-\\ntation practiced in all other hospitals of the kind, ours shall be made\\na place of temporary residence and treatment for such as are curable\\nuntil cured, and then with such as prove to be incurable, removed^", "height": "4156", "width": "2684", "jp2-path": "formationofstate00park_0_0334.jp2"}, "335": {"fulltext": "321\\ngiving place to others, we shall do- as much for this unfortunate class\\nof our people as the rest of our country are doing.\\nBut Dr. Hills, to make out an absolute necessity for the whole\\nbuilding being completed, seems to ignore rotation or discharges, and\\ndwells altogether on making provisions ample enough for all present\\nand future cases as permanent residents; and the Board endorses\\nhis views fully, as will be seen by reference to that report. At page\\n5 they say they convened last spring soon after the Legislature ad-\\njourned and resolved to proceed and finish the first section adjoining\\nthat already occupied, and then apply the remainder of the $75,000\\nto constructing the next adjoining section. At page 6 they say this\\nfirst section will be completed by May or June next, and will ac-\\ncommodate about one hundred additional patients, and that to com-\\nplete it for their reception will take all but $6,000 of the $75,000,\\nand that this $6,000 they propose to expend on the next section as\\nabove mentioned, which will extend to the centre building, which their\\narchitect, and they approve his views, says should be built at the same\\ntime though contrary to Dr. Kirkbride s plan as before stated.\\nOn this statement, I presume, they induced the present Legislature\\nto appropriate $100,000 more, making the entire appropriations for\\nthe purpose of construction merely three hundred and ninety-two\\nthousand three hundred and sixteen dollars and seventy-eight cents, and\\nas it takes $69,000 to finish what they term section first, it will\\nprobably take the remaining $6,000 with the remaining $100,000 to\\nbuild and complete what they term second section, which is to ex-\\ntend to the centre or main building, leaving this and a corresponding\\nwing still to be erected, which at the rate of the cost so far will make\\nthe whole structure, when completed, cost one million at least, and\\nought to accommodate 500 to 600 patients, a number which every-\\nbody says is twice too large for any one establishment. And our\\npresent Legislature appear to have appropriated the $100,000 and\\ncommitted themselves to the magnificent humbug without having\\ncalled those in charge to strict account for the past, and, without de-\\nbate even and with as little concern or forecast apparently, as they\\nwould take a pinch of snuff! This is the language of the Board s\\nReport after stating how fast our people are going crazy, viz: u 2 he\\nspeedy completion of the entire building is therefore an actual necessity\\n1 have never seen the building, nor a plan of it, but suppose they\\nmean by the entire building, what Dr. Kjrkbride describes to be a", "height": "4160", "width": "2500", "jp2-path": "formationofstate00park_0_0335.jp2"}, "336": {"fulltext": "complete one, viz the main centre building with two corresponding;\\nwings extending from it in opposite directions.\\nNow I do not know how much our public servants may feel the-\\nwant of so extensive accommodations in this regard; yet I feel sure\\nour people have no idea of all becoming crazy at present, nor of\\nbeing humbugged in this matter much longer.\\nRespectfully,\\nG. P.\\nFebruary 226., 1867.\\n[No. 3.I\\nOUR INSANE HOSPITAL\u00e2\u0080\u0094 WHAT EXPERIENCED MEN\\nSAY OF IT,\\nMd Hen s Intelligencer\\nI have just received a letter from. Dr. Kirkbuti e, to whom I en-\\nclosed a copy of your paper, containing my last article, on the above\\nsubject, with a note asking if I was right in the views expressed of\\nwhich the following is a copy\\nPenm t a. Hospital, for Insane,\\nPhiladelphia, March 2, 1867.\\nMy Dear Sir -I have received your letter of the 26th ult~ and\\nalso the paper, for which I am much indebted to you. I have onlly a\\nsingle objection to make, that as the cost of material and labor are\\nnow greatly increased, from what they were when my little book was\\nwritten, the cost of building and managing a Hospital must neces\\nsarily be proportionately greater.\\nVery truly your^,\\nThomas L. Kirkbride,\\nI have just received, through a friend, who communicated the facts\\nto Dr. D. Tilden Brown, who is at the head of the Bloomingdale\\nAsylum, in the city of New York, and second to none in the United\\nStates, in this specialty, and this was his reply West Virginia is\\nspending money most lavishly and unwisely, and can safely say,\\nthat she will be swamped before she completes her Asylum, if she\\ngoes on as she has commenced. 1 (A fact I have taken for granted,\\nall know.)\\nIt is undoubtedly true, as Dr. KirkbRide says, that the expense of", "height": "4160", "width": "2692", "jp2-path": "formationofstate00park_0_0336.jp2"}, "337": {"fulltext": "323\\nbuilding and managing has proportionately increased but only as\\nthe present price of gold exceeds our present currency, which is lit-\\ntle above one-third but no more, unless the excise taxation may\\naffect it some little.\\nVery Respectfully,\\nG. P,\\nWellsburg, March 7, 1867.\\nP, S. Could our legislators have realized, when they voted for\\nthe Chesapeake and Ohio Railroad bill, that they were authorizing\\nthe mammoth company to purchase and hold, for ten years after the\\ncompletion of their road, one-third of all the land comprised in the\\nState Such is the fact Five millions of acres is equal to 7,812\\nsquare miles, and our State contains but about 23,000 square miles.\\nAnd all this land to be exempted from taxation until the State shall\\nbe able to prove that the Company is realizing ten per cent, on its\\ncapital. See section 7, of charter granted March 1st, 1866, to C.\\nO. R. R. Company, and sections 2 and 14 of the recent act. Be-\\nsides, our Legislature has no more constitutional power to exempt a\\nrailroad from taxation until its profits reach ten per cent, or any\\nother sum, than it has to exempt a farmer until his farm yields that\\nper cent, profit Unless the Legislature imposes an equal and uni-\\nform tax, according to valuation, as the Constitution provides, the\\nwhole levy, I submit, is void, and the State can collect no part of it.\\nWe can hardly afford to be thus liberal to foreign capitalists.\\nG. P;\\nTHE CHESAPEAKE AND OHIO RAILROAD COMPANY\u00e2\u0080\u0094\\nTHE DANGER TO BE APPREHENDED FROM IT THE\\nDUTY OF THE COMMISSIONERS.\\nEditors Intelligencer\\nI have carefully read the Act relating to this Company, published\\nill a recent number of your paper, and propose to examine it in con-\\nnection with existing facts.\\nThe new State in 1863, became the absolute owner of the line of", "height": "4160", "width": "2508", "jp2-path": "formationofstate00park_0_0337.jp2"}, "338": {"fulltext": "324\\nthis road, as far as her East line, with the half million worth of work\\nthat had been done upon it between Charleston and Guyandotte.\\nOn looking at the map, everybody must see it is the key to by far the\\nshortest, cheapest, and in every respect, most desirable communica-\\ntion between the West and tidewater and, without it, the old State\\nand her harbors must remain comparatively unimproved, and many\\nof her railroads commencing everywhere and ending nowhere/\\nand built with a view to War, rather than Peace comparatively\\nvalueless. With these unequalled advantages, which this key gives\\nthe new State, I have always looked upon the Covington and Ohio\\nRailroad as self-constructing from its own intrinsic merits, when the\\nold State shall be republicanized and safe, and capable of producing\\nvast benefit to the State, without a dollar s expense to her, if wisely\\nand prudently managed.\\nWhat has she done thus far March 3d, 1864, she chartered the\\nW T est Virginia Central Railway, and transferred to that Company the\\nportion of the Covington and Ohio Railroad route West of Charles-\\nton, with the half million worth of work. Much has been promised\\nby this Company, and various legislation has been made since re-\\nspecting it, but not a blow has been struck towards its construction.\\nJust as the Legislature of 1866 was about to adjourn, Commissioners\\nfrom Richmond arrived at Wheeling with certain Acts, touching the\\nCovington and Ohio Railroad and Virginia Canal Company, passed\\nby the same Legislature at Richmond, that had on the 5th of Decem-\\nber previous, repealed the Acts of the Wheeling Legislature passed\\nin 1863, giving consent to Berkeley and Jefferson Counties becoming\\npart of West Virginia, and asked our Legislature to co-operate in re-\\nlation to both subjects, which it did, thereby recognizing the legiti-\\nmacy of the Richmond Legislature, which Congress has all the\\nwhile denied. Our Legislature granted a charter giving full control\\nof the balance of the route within her jurisdiction, and authorized\\nthe Company to make the best terms it could with the W T est Virginia\\nCentral Railway for the portion between Charleston and the mouth\\nof Big Sandy and appointed five Commissioners to co-operate with\\nthose of the old State in disposing of the charter to such capitalists\\nas would give the best assurance and security that the road should\\nbe commenced and built agreeably to the charter. The charter con-\\ntains an express provision that the work should be commenced in\\nsix months and completed, from Covington to the Ohio river in six\\nyears; and on failure in either particular, the whole to become for-", "height": "4160", "width": "2760", "jp2-path": "formationofstate00park_0_0338.jp2"}, "339": {"fulltext": "325\\nfelted and revested in the State. These Commissioners, at the head\\nof whom was Judge Summers, who has been disabled during the last\\nsix months by sickness, have failed, it seems, to effect such a coo-\\ntract. And now comes the magnificent scheme you publish which\\n\u00e2\u0080\u00a2our last Legislature has sanctioned and enacted into law. It ap-\\npoints. five Commissioners, two of the old and three new ones, and\\nclothes them or any three of them without the concurrence of the\\nother two, with full and unlimited power to contract on any terms\\nthey choose, directly with the West Virginia Central Railway, or the\\nVirginia Central Railroad, to construct the Covington and Ohio\\nRailroad within six years, commencing ivhen it chooses. And there-\\nupon the name of the railroad so contracted with is to become\\nchanged to the Chesapeake and Ohio Railroad Company, which\\nis to absorb all the powers, privileges, and rights conferred on the\\nCovington and Ohio Railroad by its charter, without assuming any of\\nthe material obligations and conditions imposed by the same, and\\npossess without any limit of time or otherwise, the power to absorb\\nat will the other road named, and the South Side Railroad from\\nPetersburg to Lynchburg, and the Norfolk and Petersburg Railroad\\nfrom Norfolk to Petersburg, or any one or more of them\u00e2\u0080\u0094 to pur-\\nchase the Blue Ridge Railroad and build a road from Lynchburg to\\nCovington, as well as other roads in old Virginia to possess a cap-\\nital of thirty millions and hold five millions of acres of land for ten\\nyears. (See Section 14.) Or if our Commissioners or any three of\\nthem elect, they may at once open books and organize the Covington\\nand Ohio Railroad Company, which, as soon as organized, is to have\\nfull power to consolidate with all or any of the foregoing Companies,\\nand thereby acquire the name of the Chesapeake and Ohio Rail-\\nroad Company, with all the powers, rights and privileges, but with-\\nout the obligations and conditions as before stated. As I said be-\\nfore there is no time fixed for commencing work on our road, nor is\\nthere any provision that it shall forfeit if our road shall not be finish-\\ned in six years. It is exempted from taxation until its net profits\\nshall be ten per cent., which exemption is in the charter dated March\\n1 st, 1866, and inures as a privilege to the new Company.\\nAs soon therefore as three of the Commissioners, even against the\\nconsent of the other two, shall contract directly or through the Cov-\\nington and Ohio Railroad Company, which they can easily organize\\nfor the purpose, the consolidation is effected, and West Virginia\\nloses forever her valuable key before stated, which will pass at once", "height": "4160", "width": "2500", "jp2-path": "formationofstate00park_0_0339.jp2"}, "340": {"fulltext": "perhaps into the hands of mere speculators, and our road may or\\nmay not be built within the six years, as shall best suit the whims\\nand speculative interest of that class of men, and if it shall be built,\\nit will be owned and controlled by a Company likely to possess three\\ntimes the power possessed by the Baltimore and Ohio Railroad,\\nwhich has ever since our State was created, set our laws at defiance,\\nwith entire impunity. Nor will our Legislature possess any power to\\nrestrain or check the monster corporation when once formed, for she\\nhas reserved no such power, and the recent Act it has passed will\\nbecome a part of the Contract which her Commissioners may make,\\nand as such will be protected as inviolate by both our own and the\\nFederal Constitution. Old Virginia, and perhaps the private stock-\\nholders, would, I have no doubt, have made a present of one or more\\nof their dilapidated roads, for the sake of securing the use of the\\nkey we hold, and a line of railroad from the Ohio to Richmond and\\nNorfolk; but the Act of our Legislature expressly provides for a\\npurchase and payment of par value in her bonds cancelled. See\\nSection 13.\\nThere is no doubt, if Old Virginia could and would give her inter-\\nest in one or more of her dilapidated roads to connect with ours, and\\nhad any fixed political status, and her present authorities a recogniz-\\ned power to act, it would be an inducement for solid capitalists to\\ntake hold and build our road. But the legitimacy of her present\\ngovernment including her Legislature, is denied by Congress, and\\nthe other loyal governments, except our authorities, and they will\\nprobably learn the effects of this cozy recognition before they get\\nthrough with the question of Berkeley and Jefferson.\\nAs I said before, the State is sold* unless our Commissioners shall\\nreserve, in any contract they may make, a right in our Legislature to\\ncheck and restrain the portion of the Chesapeake and Ohio Railroad\\nCompany, that shall be within its jurisdiction, and make it an express\\ncondition that our road shall be commenced ivithin six months or a\\nyear, and completed within the six years, or else the whole to become\\nforfeited and revest in the State. The Commissioners have the pow-\\ner to make such reservation and condition by the Act of March 1st,\\n1866, Section 9th, and the t6th Section of the recent Act. The\\nfuture responsibility, therefore, rests with the Commissioners, and to\\nthem the people will look to properly guard their great interest, and\\nunless some reservation and condition as before indicated shall be\\nmade, the Chesapeake and Ohio Railroad Company must soon", "height": "4160", "width": "2712", "jp2-path": "formationofstate00park_0_0340.jp2"}, "341": {"fulltext": "327\\nbecome more omnipotent and oppressive than the Camden and\\nAmboy ever was. Why should it not be made subject to taxation\\nwhenever its net profits amount to six per cent., and so be put on a\\npar with the Baltimore and Ohio Railroad Company in this respect\\nRespectfullv,\\nG. P.\\nMarch 4, 1867.\\nWEST VIRGINIA PENITENTIARY.\\nEditor of Wellsburg Herald\\nI see by the Wheeling Intelligencer of the 5th inst., that the Board\\nwhich has charge of the Penitentiary, after advertising in that paper\\nalone, I presume, as I have seen it in no other, for ten days only, for\\nsealed proposals, to furnish 10,000 perch of stone met on the 3rd\\nof the present month, and awarded the following contracts, viz to\\nEdward Lower, of Marshall County, 2,000 perch, 300 rubble, at\\n$7 per perch, and 1,700 do. dimension, at $8,50. To J. W. Hobbs\\nCo., Hancock County, 1,500 perch, 375 rubble at $7, and 1,125 do.\\ndimension, at $9,34 per perch. Linle Vilton, of Marshall Coun-\\nty, 1,500 perch, 375 rubble, at $7, and 1,125, dimension, at $8,87 per\\nperch, amounting in all to 5,000 perch, and to cost $42,286 15, an\\naverage of $8,45 per perch. It does not appear in the advertisement\\nnor statement in the Intelligencer, whether the rubble stone is to be\\ncoursed or uncoursed, which, I understand, is a material differ-\\nence, the former being guaged and dressed with the hammer, while\\nthe latter are neither assorted nor dressed. It is stated in the same\\narticle in the Intelligencer, that it is estimated that 52,000 perch of\\nstone will be required to complete the building, which at a like rate\\nwill cost four hundred and forty-nine thousand, four hundred dollars,\\nnearly a half a million for the stone alone, which cannot constitute\\none-half of the entire cost of the Penitentiary Our poor little State,,\\nthe child of the storm, rent and impoverished as she is, thus com-\\nmences her career, by putting one million in an undefined and cha-\\notic pile of stone, at Weston, dignified with the name of an Insane\\nHospital and another million in another pile equally undefined and", "height": "4160", "width": "2492", "jp2-path": "formationofstate00park_0_0341.jp2"}, "342": {"fulltext": "indeterminate as to cost for aught that appears, at Moundsvflle, to be\\ndignified with the name of a Penitentiary What a future this por-\\ntends for her three hundred and forty thousand inhabitants! What\\na recommendation to go abroad It is a pity all her proposed pub-\\nlic buildings were not under way in the different sections of the State\\nso as to give all her people an extra chance to roll up their sleeves\\nand pitch in and finish the poor thing at once, while the Bankrupt\\nlaw is in force. Think if the gentlemen comprising that Board had\\nbeen about to expend $42,286 25 of their own money they would\\nhave awarded such contracts upon so short and limited advertisement\\nwhen only half of what they had advertised for had been taken\\nStopped it would seem in order to reserve the balance for the future\\nenjoyment of the same parties at the same price, in imitation of the\\nHospital. If there had been a present want of material, why did\\nthey not advertise sooner\\nThe township of Wellsburg recently contracted for the stone, in-\\ncluding dimension and rubble, for the foundation of a large School\\nhouse, at $4,50 a perch, when furnished hammered, dressed and laid,\\nand mortar found. I understand the contractors for the Penitentiary\\nare to furnish the stone merely and these undressed. Like the Kings\\nof Egypt the party, if not the State, seems bent on piling up its own\\ntomb, which if the present course is continued, few will say the for-\\nmer does not deserve,\\nRespectfully,\\nApril 12, 1867. G. P.\\nWEST VIRGINIA PENITENTIARY THE LATE REPORT\\nOF THE DIRECTORS\u00e2\u0080\u0094 THE PLAN OF BUILDING ADOPT-\\nED OTHER PENITENTIARIES AND THEIR CON-\\nVICTS\u00e2\u0080\u0094EXECUTIVE APPOINTMENTS NECESSITY FOR\\nTHOROUGH REFORM\u00e2\u0080\u0094 THE NEXT LEGISLATURE.\\nEditors Intelligencer\\nThe estimated amount of stone required to complete the Peniten-\\ntiary, in my remarks to the Herald yesterday, I took fiom your paper\\nof the 5th inst. It struck me at the time as large, but as extrava-\\ngance is the order of the day with our public servanls, and your\\nstatements so uniformly correct, t ventured to take it as a basis of", "height": "4160", "width": "2712", "jp2-path": "formationofstate00park_0_0342.jp2"}, "343": {"fulltext": "320\\ncalculation not having seen the Directors report, which, it seems\\nby your paper to-day, was made to the last Legislature. For some\\ncause or other they don t send me copies. But the advertisement\\nthey put in your paper was for 7,500 perch of dimension stone\\n1,500 perch more than their reported estimate and before making\\ntheir report it appears they had contracted for 4,000 perch of stone\\nof some kind. These facts show already considerable enlargement\\nof the estimate made in the report, and with other facts that appear,\\nmay make the estimate of 52,000, as stated in your paper of the 5th\\ninst., not far from correct, in reality.\\nBut the plan which I see is proposed in their report, a copy of\\nwhich has just been handed me by a friend, looks to me very objec-\\ntionable in many respects and especially its size and style of finish.\\nThey say it is the plan adopted by the State of Illinois\u00e2\u0080\u0094 which now\\ncontains about 2,000.000 of people in constructing its Penitentiary\\nvery recently built at joliet, and which, then contained over 700\\nconvicts. Why did they not copy, so far as size is concerned, from\\nsome State containing a population something near the number of\\nours, as N4aine, with a population, in i860, of 628,266 -nearly double\\nthat of ours with one State s Prison only, and that at Thomaston,\\nin which, in 1861, was an average number of rr2 convicts, and con-\\nducted on the Auburn plan; or New Hampshire, with a population!\\nof 326,083, which has but one State s Prison, which is at Concord,\\nand has an average of about 119 convicts; of Vermont, with a pop-\\nulation of 315,116, and one Stale s Prison, which is at Windsor, and\\nhas an average of about 95 convicts or Connecticut, with a popula-\\ntion of 460,147 which has but one State s Prison, and that at Weath-\\nersfield, in which are on an average 160 convicts The populations\\nof these last named States approach most nearly that of ours f\\n(which is not more than 340,000-,) and like ours r are rural and agri-\\ncultural peoples.\\nLet us now examine the plan the Directors report they have adopt\\ned. And first, its size. It is the plan, as before stated, recently\\nadopted by the great State of Illinois, which has six times as many\\npeople as ours, and probably ten times the wealth, and with all her\\nother public buildings built and paid for. The Superintendent s-\\nhouse is to be eighty rive feet in front, and three stories high above\\nthe basement. On the right and. left of the Superintendent s house-\\nare to be cell-buildings each 184 feet long by 52 feet wide, and four\\nstories high above the ground, aud each wing or cell-building to con\\nR2", "height": "4160", "width": "2492", "jp2-path": "formationofstate00park_0_0343.jp2"}, "344": {"fulltext": "330\\ntain 240, or both 480 cells, which will accommodate at least 480 con\\nvicts at a time. Is it to be expected that our population is to supply\\nthis number of convicts four times the number of the other States-\\nnamed\u00e2\u0080\u0094 after expending the large amounts of money and making the\\nefforts to build churches and school-houses that we have and are\\ndoing? I trust not. Besides these buildings, the Directors propose\\nto inclose seven acres of ground with a wall 30 feet high, including\\nthe portion below ground, 3 feet, 9 inches thick, which is to inclose-\\nthe various workshops.\\nBut the Directors say the Superintendent s ho-use and one wing r\\nwith 240 cells, is all that will be needed for some time to come, and\\nso propose to erect the entire walls- of the whole building,. an\u00c2\u00bbd finish*\\nand complete the exterior now, but to finish, fit up and furnish at the\\npresent, only the Superintendent s feouse with one wing r and leave the\\nother for posterity to finish and fill up. What a compliiwentary legacy\\nto transmit to our posterity The crumbling, inieriorally unfinished 1\\nand untenanted wing of that Penitentiary I .Besides how profitable\\nto the State will be the investment I\\nBut they propose to complete and finish the entire exterior of the\\nbuilding, including the Superintendent s bouse and both wings in the\\ncastellated gothic style. The word castellated means adorned\\nwith, turrets and battlements, like a castle a sentiment akin to the\\none of our Legislature last winter on a subject it indefinitely post-\\nponed. Who would not be a convict with such encouragement, and\\nbaronial accommodations provided for him The moral sense and\\ntaste of the world heretofore have been, to make their Bastiles and\\nState Prisons objects of terror and repulsion, rather than ornament-\\ned, inviting retreats like the plan proposed. Who can doubt but that\\nit is another hospital folly or swindle\\nRobert Hosea, Esq., of Bethany, an experienced stone mason, in-\\nformed me to-day that he is now engaged for the Pennsylvania Rail-\\nroad in. building abutments,, composed of cheesed stone, which he-\\nfurnishes, prepares and lays for $9.50 a perch.\\nI submit that our people have but one course to pursue, which is*\\nto elect men to the next Legislature who shall pledge themselves in\\nwriting beforehand, and whose established character shall be their\\nguaranty, to arrest at once the present fatal course, clean, out all cor-\\nruptionists and constitution-breakers, of whatever parly or religious,\\ndenomination they may profess to be take from the Executive most", "height": "4160", "width": "2720", "jp2-path": "formationofstate00park_0_0344.jp2"}, "345": {"fulltext": "331\\nhis present appointing power, oblige that department to see that\\nthe laws are faithfully and impartially executed against corporations\\nas well as individuals, compel all public monies, whether belonging\\nto State, County, city, township or school district, to be faithfully ac-\\ncounted for and accurate and detailed statements of its expendi-\\nture published and laid before the people, and bring the State in all\\nrespects back to its Constitution and to the model of purity, simplici-\\nty and economy, its makers intended. Have our people the courage\\nand virtue to do it.? The occasion for crying Rebel and Copper-\\nhead, and that he is an enemy to the new State, has, I submit, passed\\naway with us, in the opinion of honest men, and become a mere\\ncatch-word for the veriest demagogue. The radical change that is\\nabout to take place in the old State must extinguish in the former all\\ncleswe to re-unite, and fix their future hopes and expectations in com-\\nmon with the loyal people, upon the future success and prosperity of\\nthe new State, whose worst enemies now appear to be those who\\nhave been loudest heretofore in professions of friendship. Honest\\nand intelligent statesmen, who look through the State and compre-\\nhend its real wants, and who will seek earnestly to provide for them\\ninstead of their own enrichment, are the kind of physicians our suf-\\nfering and abused State now requires.\\nVery Respectfully,\\nG. P.\\nApril 13, 186$.\\nHORACE GREELEY AND JEFFERSON DAVIS\u00e2\u0080\u0094 THE REP-\\nRESENTATIVE MEN OF THE IRREPRESSIBLE CON-\\nFLICT.\\nEditors Intelligence r\\nHow strikingly the saying extremes meet was illustrated in Hor-\\nace Greeley s traveling from New York to Richmond and offering\\nhimself, unsolicited, as the first man to set Jeff. Davis at liberty,\\nwhen neither humanity, a just sense of propriety, nor good taste,\\nwould seem to demand or warrant it, as there were plenty of his own\\nparty ready and desirous to become his bail.", "height": "4160", "width": "2500", "jp2-path": "formationofstate00park_0_0345.jp2"}, "346": {"fulltext": "332\\nEach had headed one of the parties, whose conflict during the past\\nseven years has no parallel, either in the expenditure of blood and\\ntreasure, or barbarities committed. In it has been sacrificed, about\\na million of lives and five to six billion of money and Davis, whom\\nall sane minds must hold responsible, has coolly, and calculatingly\\nmurdered from fifty to one hundred thousand of our brave soldiers,\\nwhile in his hands as prisoners of war a relation held to be sacred\\nand inviolable by all civilized nations, and closed the scene, as all\\n:hinking men believe, in either instigating or consenting to the assas-\\nsination of the President.\\nGreeley, seized with a vague hope of glory and large support to\\nhis paper, commenced the strife by stirring up slavery with a long\\npole long enough to keep himself out of personal danger and even\\npushed his side of the preliminary war of words, until he and his\\nparty had spread rank nullification upon the statute books of fifteen\\nof the Northern States under the guise of personal liberty laws\\nwanting only. the overt act to complete the highest crime known to\\nthe law believing all the while the assailed party dared not fight.\\nDavis and his party to protect the large pecuniary interest at stake,\\nand gratify an equally unhallowed ambition madly threw off the\\nConstitution, that had been and would have continued to be, their\\nshield, if retained and faithfully adhered to, and committed the overt\\nact. The life of the Government at once became involved in the\\nissue, and to save that life followed the mighty strife and sacrifice.\\nAs a mere incident, or accident, in this strife, so far as human\\nagency was concerned, as the loyal party did not seek it at the com-\\nmencement slavery has been destroyed. And as the negro preach-\\ner said the other day in a speech to his people at Petersburg, Va.,\\nhis race owed their freedom to neither party but to God.\\nWe all know and feel that the terrible guilt of treason of the deep-\\nest dye, rests upon some of the leaders, of one side or the other, or\\nboth but not upon the honest vindicators and defenders of the\\nGovernment when forcibly assailed, nor on the mere deluded instru-\\nments who blindly assailed it. And if the whole was Providential, in\\norder to remove slavery, as some believe, it can afford no plea in bar\\nto an indictment for treason in this case, nor be permitted to exten-\\nuate the guilt or mitigate the penalty. The Divine Author who said\\noffences must needs come, said also, woe unto him through whom\\nthey come.", "height": "4156", "width": "2724", "jp2-path": "formationofstate00park_0_0346.jp2"}, "347": {"fulltext": "333\\nThe Government, with its past and .present character, its future\\nhopes and safety, demand that fit expiation be made for example\\nsake for such great crimes, and not passed over as light and trivial\\naffairs, over which the head leaders may shake hands and call it\\nsquare. The widowed, orphaned and bereaved millions throughout\\nthe land, the burdened tax payers, and nay, the spirits of a million of\\nmartyred dead, will claim to be heard in this matter, and not leave it\\nto Jefferson Davis and Horace Greeley, though among the prin-\\ncipal originators, to settle as if it was a mere personal affair. They\\nand the country demand an expiation that shall deter a repetition,\\nand make treason odious, and the thought of attempting it horri-\\nfying. This is the policy of other nations, and human nature is the\\nsame with us as with them, and restrained from committing crime by\\na fear of punishment the opinions of some transcendental philos-\\nophers and humanitarians among us to the contrary notwithstanding.\\nAs I said before a great guilt rests on somebody; and from what took\\nplace at Richmond, we should judge, neither the Government, nor\\nJudge or Attorney representing it, nor Mr. Greeley, thought it\\nrested on Jefferson Davis, as the Court and Attorney fixed the\\ndamage he had done at $100,000, and Horace Greeley was the\\nfirst man to help share that by travelling all the way from New York\\nuninvited for aught appears, and becoming his bail. What was the\\nmotive and feelings that prompted Mr. Greeley to do this? Was it\\na consciousness that he ought to share the penalties, or to ingra-\\ntiate himself and paper with the reconstructed\\nWhy talk of Christian forgiveness over slayers of a million, and\\nhang the young culprit in an adjoining County who has killed but one\\nman\\nVery Respectfully,\\nG. P.\\nMay 14, 1867.\\nTHE GETTERS UP OF THE IRREPRESSIBLE CON-\\nFLICT GREELEY AND HIS CRACK-BRAINED CO-\\nWORKERS ON ONE SIDE, WITH DAVIS AND HIS\\nBLUSTERING FIRE-EATERS ON THE OTHER.\\nEditors Intelligencer\\nI observe in your paper to-day and the Pittsburgh papers, that the\\namount of Jeff. Davis 1 bail was fixed at $100,000 instead of $10,-", "height": "4160", "width": "2496", "jp2-path": "formationofstate00park_0_0347.jp2"}, "348": {"fulltext": "334\\nooo, as stated in your paper of jesterday given by twenty individ-\\nuals in the sum of $5,000 each, and the first to sign was Horace\\nGreeley. They becoming severally bound in $5,000 each, instead\\nof jointly, as is usual in such ca^es, denotes that forfeiture on the\\npart of the principal is anticipated, and the immediate departure of\\nDavis and his family for Canada confirms it. He goes as his con-\\nfederate Vallandigham went, beyond our jurisdiction, out where he\\ncan observe daily the public sentiment, and intends to return and save\\nhis bail if no danger, otherwise suffer a forfeiture of his bond. This\\nis unquestionably the plan. This farce concluded in Judge Under-\\nwood s Court, Horace and Jefferson take their carriage and drive\\nfor the Spotswood, amid the cheers of victorious not conquered\\nrebels.\\nWhat a denouement to the most stupendous farce the world ever\\nwitnessed farce, nay, high tragedy, in which a million of our country-\\nmen of the North and South had given their lives to these Molochs,\\nbesides the sacrifice of six billion of treasure.\\nThough overwhelmed with shame and sorrow, I am not astonished,\\n-or even surprised. I have known the character of Greeley and his\\ncrack-brained votaries too long to be astonished or surprised even,\\nat anything they might do, except it would be a truly patriotic, sensi-\\nble, or brave deed, and then I should be bound to attribute it to ac-\\ncident, and not design. I need only to refer to their conduct during\\nthe preliminary war of words, their higher law and legislation, their\\nirresolution and skulking when the clash of arms came, and the fatal\\n.and suicidal measures proposed by Greeley and his like while the\\n.terrible strife was raging for the proof. They and their fiery co-\\nworkers in the South managed to bring on the war, but other minds\\nand other hands had to conduct it upon both sides afterwards. The\\ngetters up on either side had no correct idea of what they were do-\\ning, or the consequences that were to follow, as events have clearly\\nshown. They played away at each other unconcerned until the clash\\nof arms came with unlooked for fury, when the greater part became\\nfrightened and skulked, and they seem still to regard it of not much\\nconsequence, except freeing the negroes and the great Constitution-\\nal question which lies at the bottom of the whole, as not worthy a\\njudicial settlement.\\nSuch is the character of the men who got up the war but it re-\\nquired an entirely different element to conduct it to success on one\\nside, and to sustain as wonderfully as they did the other. In this", "height": "4160", "width": "2708", "jp2-path": "formationofstate00park_0_0348.jp2"}, "349": {"fulltext": "aoD\\nsame element now lies the practical sense, and bone and sinew of the\\nnation, and who must now take the exclusive political control, as\\nthey did the military, if they expect safety and prosperity, and to\\nreap the fruits due to their victory.\\nThe getters up on the fire-eaters side are already effectually dis-\\nposed of, but their counterpart on the Northern side as soon as the\\nwar and danger ceased, came out from their hiding places and claim-\\ned the honor of having saved the Government, and abolished Slav-\\nery This they claim secures them immortal glory and reward, and\\nentitles them to all the freed men s votes and many are now in the\\nSouth under the protection of Federal bayonets laboring to con-\\nvince the freedmen that the past is even so.\\nNow these crack-brained fellows of the Northern side deserve to\\nbe as effectually ostracised and put out of the way as their Southern\\nco-workers have been. Nothing but that can save the country and\\nkeep it out of another collision of the same sort, and the true war\\nparty in the loyal States, with the aid of the true men in the South\\nalone can do it. The crack-brained will remonstrate, for they claim\\nto have been the chosen instruments of God, through which slavery\\nhas been abolished, and they lack the sense of propriety that induced\\nJudas Iscariot to hang himself, after betraying his Divine Master by\\na similar appointment. If any one doubts this let him look at Judge\\nUnderwood s court, at the Judge, and what transpired there. The\\narch leader turned loose and J. C. Breckinridge, one Judge Thomas\\nand other insignificant persons indicted for high treason, probably to\\noffset Jeff. s release, and perhaps act another farce.\\nThe law authorizes only a Federal court or Judge to take bail in\\ncapital cases, and makes it an express duty to inquire into the na-\\nture and circumstances of the offense, and of the evidence and\\nthe usages of law. There certainly can be no doubt about the\\noffense Davis is guilty of, nor the evidence to prove it and by the\\ngeneral usages of law capital cases are not bailable under any cir-\\ncumstances. In the case of the United States vs, Stewart, 2 Dall t\\n345, the Supreme Court of the United States, with Jay at its\\nhead, lavs down this rule in cases of high treason. The circum-\\nstances must be very strong 1 (showing innocence of course) which\\nwill at any time induce a Court to admit a person to bail who stands-\\ncharged with high treason. Had Davis case these circumstances,\\nshowing his innocence or mitigating his guilt Some think the Judge\\nhad warrant for bailing, in th s clause of the Federal Constitution", "height": "4160", "width": "2500", "jp2-path": "formationofstate00park_0_0349.jp2"}, "350": {"fulltext": "336\\nthat in all criminal prosecutions the accused shall enjoy the right to\\na speedy and public trial. Davis was arrested two years ago by the\\nmilitary power, at a cost of $100,000, and was held as a prisoner of\\nwar until delivered up by General Burton on Monday last. Cer\\ntainly Judge Underwood could not have taken this two years hold-\\ning by the military to have been otherwise than right, and could re-\\ngard the prisoner only in the same light as he would, if just arrested\\non that day by his Marshal, while at large. In the latter case, he\\nwould hardly have decided the clause above cited entitled him to\\nbail. Where then was his authority to admit to bail\\nRespectfully,\\nG. P.\\nMay 1 6th, 1S67.\\nTHE PROPOSED RAILROAD AND THE WATER-LINE TO\\nCONNECT THE OHIO RIVER WITH TIDE-WATER\u00e2\u0080\u0094\\nTHEIR PROBABLE COST AND ADVANTAGES COM-\\nPARED.\\nEditors Charleston Journal:\\nThe completion of one or the other of these works, or both, at as\\nearly a day as practicable, seems desirable to both the old State and\\nthe new. The actual results accomplished by the old State in her\\nlarge expenditure of money heretofore, seemingly without sufficiently\\nmatured plans, or much regatd to economy, and the limited means of\\nboth States at the present time, ought, it seems to me, to dispose the\\npeople of both to make cool and careful examination of all the facts,\\nand avail themselves of all experience, and then determine on the\\nplan most likely to be accomplished, and set to work in earnest and\\naccomplish it. Neither State is in a condition to try experiments or\\nrun after imaginary schemes. Facts, however distasteful, should gov-\\nern now. First be sure we re right, then go ahead.\\nThe recent overture to our Commissioners by the Virginia Central\\nCompany, proposing to build the Covington and Ohio Kail road on\\ncertain conditions, ran not be regirded as binding on anybody, for\\nwant of that mutuality of obligation which is required u constitute a", "height": "4152", "width": "2720", "jp2-path": "formationofstate00park_0_0350.jp2"}, "351": {"fulltext": "o o 7\\nbinding contract. Let us, therefore, inquire whether it will really be\\nto our advantage to consummate a contract with the Central Railroad\\nCompany.\\nI have recently examined the material facts touching the two plans,\\nas far as the means in my reach would allow, and am brought to the\\nconclusion that the completion of the water-line up the Kanawha\\nand New Rivers to the east boundary of our State, as the charter\\ngranted by our last Legislature provides, (with some few amendments\\nto be made thereto,) is the true plan for our people to concentrate\\nupon first. About ninety-six miles from the mouth of the Kanawha\\nto the Falls can, with the means now at our command, be made as\\ngood and reliable a navigation as the Ohio river and we need not\\naspire to a better.\\nThis will extend through by far the richest agricultural and mineral\\nregion, and unlock the whole to all the markets of the West and\\nSouth and every dollar, if judiciously expended, must yield to the\\nstockholders remunerative dividends. Sufficient capital for this pur-\\npose can be raised from our own people, and foreign capital that will\\nbe induced to come in.\\nThis accomplished, the improvement of the New River to our east\\nline may be undertaken and proceeded with as fast as means will al-\\nlow, and all that rich and now locked-up portion of our Sta:e be-\\ncome, thereby, opened to the same markets. The accomplishment\\nof this last will increase the revenue of existing stockholders by in\\ncreasing the business, and appreciate probably rive -fold the value of\\nall lands accessible above the Falls so the people of the adjacent\\nCounties can well afford to issue county bonds to aid in the enter-\\nprise, and individuals donate portions of their lands for the purpose.\\nIt will be for their interest to do so. And such a course cannot fail\\nto induce foreign capitalists to come in and invest in lands and con-\\ntribute any deficiency of means that may be required to complete the\\nimprovement. I was never upon New River, but understand from\\nthe charter granted by the Legislature last winter, that it is capable\\nof permanent improvement to our east line at a cost not exceeding\\n$3,000,000, including the whole extent from the mouth of the river.\\nThe extension of the water-line, in the manner stated, will bring that\\nentire region, with its exhaustless mineral wealth, into communication\\nby water carriage, (which admits of no competition in the carriage of\\nraw material,) with nearly three quarters of the consumers of the\\ncountry, without breaking bulk or transhipment which consideration\\nS2", "height": "4152", "width": "2508", "jp2-path": "formationofstate00park_0_0351.jp2"}, "352": {"fulltext": "338\\nalone would make our undertaking a perfectly safe and independent\\none. We should have within our own hands, all the while, the ready\\nmeans, or that which would command therm.\\nAnd while we are doing this, there can be no doubt but that the\\nold State would extend her water-line from Buchanan, its present\\nterminus, in Botetourt County, by canal through that rich County:\\nalong the vicinity of Fincastle and New Castle to Sinking Creek, and!\\ndown that creek and the New River to meet us at the line. From\\nwhat I learn from geography and practical men, that route is practi-\\ncable, and a natural supply of water can be obtained, and the -sum-\\nmit level, which has so long been the subject of speculation, thereby\\navoided. It strikes me that the old State, in such a case, would have\\nthe strongest motive to push her improvement and connect with ours T\\nif it be possible^ and she would be at the same time opening her\\nrich territory to markets, and enhancing the business of the canaL\\nAnd when the union should take place, might she not reasonably ex-\\npect some of the fruits, at least, which New York has realized from\\nthe raariiage of the waters of the great Lakes with the Hudson in\\n1825 TMs grand result, it seems to me, is attainable by the two\\nStates, by the means they now possess, if so managed and employed\\nas to draw capital and capitalists to them, instead of begging, without\\nsuccess, for them to come and build the railroad. Besides, if this\\nconnection should fail, might we not expect that the Virginia and\\nTennessee Railroad Company would meet us at our line with a con-\\ntinuation of the improvement of New River up to its road near\\nNewbern\\nThe water-line once completed, at an inconsiderable cost compared\\nwith what it would cost to complete the railroad line, the latter will\\nsoon follow, as an incident as has been the case in New York and\\nPennsylvania be built by the new interests and wants which the\\nwater-line would create.\\nAre there, then, the certain, manifest -.advantages in the railroad\\nline proposed, as things now stand, without the aid of the water, line,\\neven if the old State and private owners should donate the Central\\nand Blue Ridge roads to induce mere capitalists to expend the\\namount required I deem the estimates of the cost, as published by\\nthe Commissioners, entirely too low. To construct and equip the\\nCovington and Ohio road, and repair, equip and pay off the debts of\\nthe other two, would cost from fifteen to twenty million dollars, and\\nwith a single track merely. Mr. Gwynn,. late Chief Engineer of the", "height": "4160", "width": "2708", "jp2-path": "formationofstate00park_0_0352.jp2"}, "353": {"fulltext": "339\\nJames River and Kanawha Company, estimated in 1852 the cost of\\n\u00e2\u0096\u00a0constructing the Covington and Ohio road from Covington to Loup\\nCreek Shoals, a distance of 138 miles, at $70,000 per mile, amount-\\ning to $9,681,000, It will now cost about one-third more making\\n$14,521,500, from which deduct the two-and-a-half millions expended\\n\u00e2\u0080\u00a2.since in and about the tunnel, leaving $12,02 \u00c2\u00a5,500. In the recent\\noverture with our Commissioners, it is proposed to accomplish this\\nwork with $5,000,000. Mr. Gwynn bases his estimate 011 the actual\\ncost of roads through a similar country, and shows that the mere\\nspeculative estimates of engineers, without reference to actual facts,\\nare not at all to be relied on in these matters and instances the esti-\\nmated cost of the Baltimore and Ohio Railroad from Baltimore to\\nCumberland, to have been $4,528,693, when the actual cost was\\n$9,662,374 the Hudson River Railroad at $6,000,000, when it actu-\\nally cost $14,000,000, and so generally. [See the 17th Annual Re-\\nport of President to stockholders of the James River and Kanawha\\nCompany, 1852, pages 376-380, c, where the subject is very ably\\nand thoroughly discussed.]\\nNow we all know there is not local capital to accomplish such a\\nwork, nor am I able to see any present inducement for capitalists of\\nother States to invest. The great bulk of travel is always found to\\nfollow the freight. They go where their produce and business lead\\nand while their produce shall go to Baltimore, Philadelphia and New\\nYork, the owners will not travel a long distance round to reach either\\nof these cities, for the sake merely of riding on our road, if built,\\nand looking at Richmond. Their products must be brought down to\\nRichmond and Norfolk, and sold there and then the owners will\\nfollow, and capitalists will build a railroad for them, or they will build\\nit for themselves, aided by the accumulating merchants and capitalists\\nand growing cities, at the tide-water.\\nBut many, and among them our Commissioners, appear to think\\nthat our line of railroad, if completed, will possess such decided ad-\\nvantages over the present existing roads., for carrying passengers and\\nfor delivering the products of the West at tide-water, as will divert\\nthe freight from its present channels, and turn it to Newport News\\nand Norfolk, and can there seasonably furnish, and receive and dis-\\ntribute, the cargoes of ocean-going ships, (which cannot go up to\\nRichmond,) and thereby induce capitalists and merchants there.\\nNothing short of a large and palpable advantage will ever effect this\\nto much extent. The Virginia and Tennessee and Petersburg and", "height": "4160", "width": "2492", "jp2-path": "formationofstate00park_0_0353.jp2"}, "354": {"fulltext": "340\\nNorfolk Railroads have not, as ye me much for Norfolk; and as\\nfor Richmond, she is t far inland ever to be much affected, except\\nby manufactures. The friends of the railroad instance the freedom\\nfrom ice and blocking snows the light grades and diminished dis-\\ntance. These would, all have weight if true, but only the former is\\ntrue, and which to the water-line is of vast importance. While they\\ninstance the Covington road as of much lighter grade going East\\nwhich is true they are silent as to the other portion of the line east\\nof Covington, which has ascents as high as 75 feet to the mile going\\none way, and 83 the other on the Virginia Central. [See Report\\nBoard of Public Works for 1858, page 142.] So there will not be any\\nge in grade in our favor when taking the whole line\\nAnd instead of making the distance shorter, the Commis-\\nsioners make, in fact, the distance from the mouth of the Kanawha\\nriver to which point the overture mentioned and resolutions you\\npublished contemplate it to extend to Norfolk, 117 miles more than\\nthe distance frcm Wheeling to Baltimore by the Baltimore and Ohio\\nRailroad; 113 miles more than from Parkersburg to Baltimore; and\\n144 miles more than from Pittsburgh to Philadelphia by the Pennsyl-\\nvania Central. In making their calculation, it should be observed,\\nthe Commissioners start at the great falls of the Kanawha, 96 miles\\nfrom its mouth, to which point they assume the river is to be improved\\nby permanent navigation.\\nNow I submit there is nothing here that is going to divert the great\\nstaples of the West from their present established routes, and turn\\nthem to our road, if built and this capitalists see. Nor would it pay\\nto ship coal from the Kanawha coal fields to Richmond by the road,\\nif built. The distance is about 355 miles from Coalburg, at the\\nmouth of Cabin creek. The freight on a ton of coal per mile charg-\\ned by the Virginia Central Railroad in 1858 was three and a half\\ncents, (see Report Board of Public Works for that year, page 145)\\nwhich would make the freight to Richmond, 355 miles, $12.02 per\\nton, and about 13 cents per bushel. It is fair to presume this was as\\ncheap as that road could carry it for then, and perhaps ever can.\\nAnd so it would be with the great majority of our products. The\\nfreight on wheat was put at five and six-tenths cents per ton per mile,\\na ton being about 33 and one-third bushels and freight on a bushel\\nfrom the mouth of Kanawha to Richmond a distance of 432 miles\\nwould be about 73 cents.\\nThe actual cost of transportation, including tolls, on the Erie canal", "height": "4160", "width": "2720", "jp2-path": "formationofstate00park_0_0354.jp2"}, "355": {"fulltext": "341\\nin 1850, before its enlargement, and when its capacity and size of\\nboats were about the same as the James River canal, was one and\\none-half cents per ton per mile at which rate the transportation,\\nincluding tolls, of a ton of coal from Coalburg to Richmond would\\nbe $5.53 and of a bushel of wheat from Point Pleasant to Rich-\\nmond 16 and three-fourths cents. The aggregate amount of freight\\nthat passed the Erie canal in 1850 was 2,033,863 tons. Mr. Gwynn\\nestimated the capacity of the James River canal would allow, in\\n1852, the passage of 2,920,680 tons per annum, which he says it\\nwould require six double track railroads to perform.\\nIn view, then, of existing facts and dear-bought experience, is it\\nnot wise for the people of both States to cease such overtures as\\ntook place at Richmond, and the people of each State, independently\\nof the other, to push its respective portion of the water-line to\\ncompletion and connection, with all the means and vigor each can\\ncommand\\nI was mainly induced to make the statements I have, by the pub-\\nlished call of our Commissioners for our people to put in their money\\nwith the bonds of their respective Counties to construct the railroad\\non the terms and conditions expressed in the resolutions you pub-\\nlished and the overture mentioned. I have endeavored to show that\\nour best plan is to build a water-line. But if the railroad is to be\\nbuilt, I am in favor of putting it into other hands. I shall show here-\\nafter why we should not contract with the Central Company.\\nHow would our people in the Kanawha Valley like to be taxed to\\npay their County bonds, issued to enable the Virginia Central Rail-\\nroad Company to begin at Covington and construct and equip the\\nroad westward, so as to draw and secure all the trade to Richmond,\\nand further alienate the now unreconciled feelings of that section\\nfrom the new State during the six years they would consume in reach-\\ning, if they should get money, our present steamboat navigation on\\nthe Kanawha? The Virginia Central Railroad Company would cer-\\ntainly have the controlling power, and could begin where and pro-\\nceed with the work as that Company should choose and there can\\nbe no doubt it would be as I have stated; and our people of the\\nlower Counties while paying their money to aid the Virginia Central,\\n(for that Company is to have all its earnings till the head of naviga-\\ntion is reached) would have to be content with their present navigation\\nand outlet, as they would have no means left to put into that improve-\\nment.", "height": "4160", "width": "2492", "jp2-path": "formationofstate00park_0_0355.jp2"}, "356": {"fulltext": "342\\n1 submit, no political consideration, except to advance the interest\\nand harmonize the feelings of our own people, should enter into this\\ngreat question.\\nRespectfully,\\nG. P.\\nJune 17, 1867.\\nTHE COVINGTON AND OHIO RAILROAD\u00e2\u0080\u0094 CAN THE\\nVIRGINIA CENTRAL BUILD IT\\nEditors Charleston Journal\\nI have already endeavored to show that a water-line will be a\\n\u00e2\u0096\u00a0safer investment to your citizens who wish to witness the develop-\\nment of the great resources of the great Kanawha Valley. But if\\nwe shall undertake this great work, we should certainly so place its\\nmanagement that we shall not lose all. Let us inquire into the con-\\ndition of the Company which has made the proposition to take the\\nmanagement of the construction of this road, provided not less\\nthan $5,000,000 stock is subscribed by outside parties.\\nThe Virginia Central Railroad Company does not seem to be in a\\nflourishing condition. A select Committee, appointed by the Legis-\\nlature of the old State in 1859-60, to inquire into and report the\\ncondition of the State s Internal Improvements, speaks thus of the\\nVirginia Central Railroad: The Virginia Central, including the\\nBlue Ridge Railroad, is 207 miles long 9 miles of which are un-\\nfinished.\\nIt paid into the Treasury during the last fiscal year, $84,354,22,\\nand promises to do as well i?i future. The Richmond, Petersburg\\nand Potomac Railroad Company have recently obtained a decree in\\nthe Court of Appeals against the Central Railroad Company, for an\\naccount in which a large sum of money is involved, and may be re-\\ncovered, which will embarrass the road to some extent. The amount\\nnecessary to finish the nine miles yet to be made is $600,000. See\\nReport of Select Committee, page 7.\\nThe State s stock, including the Blue Ridge, was at that time\\n$3,483,209,23. See 4th page of same Report. Upon this stock the\\n$84,354,22 received by the old State that year would be a little rising\\ntwo per cent.", "height": "4160", "width": "2728", "jp2-path": "formationofstate00park_0_0356.jp2"}, "357": {"fulltext": "343\\nThere were in the Fall of 1858 three mortgages on all this Com-\\npany s property for $1,269,500 one falling due in 1872, one in 18 0,\\nand the other in 1884, with interest payable semi-annually. These\\nmortgages are undischarged, and I presume the interest accruing\\nsince the war commenced, is in arrear and is, I presume, what\\nmakes up the sum of $1,880,622,23, which the address states to be\\ndue from the Company to individuals. See Report of Board of\\nPublic Works for 1858, page 113.\\nNow the mere guaranty of a Company so situated, of four per\\ncent, semi-annual dividends after the entire Covington and Ohio\\nRailroad shall be completed, cannot, it seems to me, induce capital-\\nists to invest. The holders of the mortgages can advertise and sell\\nthe whole at any time for the interest in arrear and what then would\\nthe corporation s guaranty be good for Such guaranty can only\\noperate to postpone the dividends accruing on the present stock\\nafter the entire road is completed, until the new subscribers shall get\\ntheir eight per cent. Besides, as soon as new subscribers shall have\\nput in their money, and constructed and equipped the Covington\\nRoad to steamboat navigation on the Kanawha, then the new Com-\\npany a majority of whose stockholders will be the holders of the\\npresent stock in the Central Road is to have the power to mortgage\\nthe whole, including the Central Road, to raise money to finish the\\nCovington and Ohio Road to the Ohio river. Would not such a\\nmortgage have a preference over the eight per cent, preferred stock\\nto be issued and guaranteed as before stated\\nIf, then, our Commissioners have really made the contract which\\nthey say they have, they have parted with the invaluable key W T est\\nVirginia acquired by her separation, without any compensation what-\\never, it strikes me, and placed this great work of West Virginia\\nself-constructing, from its own intrinsic merits, if wisely managed\\nback under the absolute control of those whose former policy was to\\ncramp and cripple it, and who now constitute a crippled corporation.\\nBut the resolutions passed at a meeting of the stockholders of the\\nVirginia Central Railroad, held at Richmond on the 23d of May, and\\npublished in your paper of the 5th ult., give a different phase to the\\ntransaction. The first resolution reads thus That it is inexpedient\\nfor this Company to undertake to construct the Covington and Ohio\\nRailroad on borrowed capital. Here, then, one would suppose was-\\nan end of the matter as far as our Commissioners were concerned.", "height": "4160", "width": "2492", "jp2-path": "formationofstate00park_0_0357.jp2"}, "358": {"fulltext": "344\\nThat Company in effect said frankly that it had no money with which\\nto do the work, and would not undertake to raise it.\\nBut by subsequent resolutions they authorize their Board to offer\\nthe following terms and conditions to the Commissioners for a con-\\ntract to construct the Covington and Ohio Railroad\\nist. That if sufficient money (not less than $5,000,000) to com-\\nplete and equip the road from Covington to steamboat navigation 011\\nthe Kanawha be not raised in cash, or subscription as good as cash,\\nwithin six months from date of contract, that their Company shall be\\nreleased from the contract if they desire it. This is certainly not\\nan undertaking or contract on their part to build the road. It con-\\ntemplates that other parties, and not their Company, are to procure\\nthe subscription and raise the money, while their Company is to stand\\nstill, with the right to reject or accept it. A very dignified position,\\nindeed, to assume\\n2d. In case they shall accept, the Central Virginia Railroad will\\nguarantee to those who subscribe and pay, semi-annual dividends of\\nfour per cent, after the whole road is finished and equipped to the\\nOhio river.\\n3d. That in such case the net revenue from the Covington and\\nOhio Railroad, while building shall be kept for that purpose. This\\nis generous indeed to consent that the builders may set apart the\\nnet income of their own money\\n4th. But no part of the earnings of the Virginia Central Road\\nshall be diverted, held, kept, or used for constructing the Covington\\nand Ohio Railroad, before the same shall be completed and equipped\\nto the Ohio river by others money, of course, is meant.\\n5th. That no mortgage shall be put upon the Virginia Central\\nRoad to raise means to build or equip the Covington and Ohio, until\\nthe latter shall have been built and equipped to the head of steam-\\nboat navigation on the Kanawha.\\n6th. If from any cause the work on the Covington and Ohio\\nRailroad shall become forfeited, the parties who shall have subscrib-\\ned to build the same shall forfeit their stock, and shall have no in-\\nterest or voice in the Virginia Central Company. As our Legisla-\\nture reserved no power to resume, in case of failure to perform the\\nwork, that, together with the franchise, is to pass, in that case, 1\\nsuppose, to the Virginia Central, which, by that time, will have", "height": "4160", "width": "2728", "jp2-path": "formationofstate00park_0_0358.jp2"}, "359": {"fulltext": "345\\nchanged its name and become the Chesapeake and Ohio Railroad\\nCompany.\\n7th, The President and Directors arc authorized to employ such\\nagencies as they may deem proper to carry out the objects of the\\nforegoing resolutions.\\nHere we have, then, exactly what the Virginia Central Railroad\\nhas done. The agents, their President and Directors, appointed\\nafterwards to carry out these resolutions, had no power or authority\\nto vary from them. Do they amount to an undertaking or contract\\non the part of the Virginia Central Railroad to construct the Cov-\\nington and Ohio Railroad If not, then I submit, our people are in\\nno wise bound by the arrangement purporting to have been entered\\ninto by our Commissioners. One thing is certain, our people could\\nnever have completed such an arrangement, nor is there anything in.\\nthe too loose and unguarded act of our last Legislature to warrant\\nit, it seems to me.\\nAs I have stated on a former occasion, J. again repeat, that the\\ntrue policy of our people is to hold fast to the invaluable key which\\nour separation and geographical position has placed in our hands\\nand we cannot fail, in a short time and by reasonable efforts, to in-\\nduce solid capitalists to build the Covington and Ohio Railroad,\\nwhich is, of necessity, to constitute the mam artery that can alone\\nsupply and give remunerative life to the various languishing and di-\\nlapidated lines of the road East of the Alleghanies as well as to\\nold Virginia herself. All that is required is to construct our main\\nartery from the Ohio river to our East line, and then the Virginia and\\nTennessee, the Virginia Central, and the Baltimore and Ohio,\\nstretching up the valley of the Shenandoah, with the Orange and\\nAlexandria Railroad Company, will all be in hot liable to connect\\nwith us.\\nWhere is the sense, then, of surrendering all to the insolvent\\nCentral, which has no means to aid or help but, as its resolutions\\ndisclose, expects to ride, excluding all Gtkcrs, and at the same time\\ndominate over us.\\nVery Respectfully,\\nG. P.\\nJuly 7, 1867.\\nThe p ridiakfti that the Cov inglmi and Ohio Railroad, so import\\nJ 2", "height": "4160", "width": "2476", "jp2-path": "formationofstate00park_0_0359.jp2"}, "360": {"fulltext": "346\\nant a trunk or stem, was self-building, was realized within a year or\\ntwo after. Capitalists of New York, including Messrs. Huntington,\\nAspinwall, Low, and others, undertook its construction asking no-\\nlocal or other aid. They completed it, and il has been in successful\\noperation (being consolidated with the Virginia Central, forming the*\\nChesapeake and Ohio Railroad) now for near three years.\\nThe importance to the Nation of the early completion of the con-\\ntemplated water-line induced the last Congress to appropriate $300,-\\n000 to make a beginning on the Kanawha River, or* the strength of\\nprevious Reports of Government Engineers. It is believed the\\nNational Government will complete this water-line at no distant day-\\nThe producers of the West, and consumers of the East, including\\nNew England, will demand it, as the only effectual relief against\\nRailroad monopoly and extortion.\\n^AGRICULTURAL COLLEGE OF WEST VIRGINIA.\\nEdilar Welhburg Herald\\nA supposed deficiency of proper roea DS to advance Agriculture\\nand the Mechanic Arts in the country, with some knowledge of Mili-\\ntary tactics, was what Congress undertook to supply to our young\\nmen by act of July 2d, 1862, and to secure the faithful application of\\nits bounty to the object by absolute forfeiture. No intelligent per-\\nson, I think, who has read the Act, will undertake to* deny that such\\nwas its object^ or that any State that has accepted the bounty, has\\nreceived and holds it subject to the conditions and restrictions im-\\nposed, and that a failure in any substantial part will work a forfeit-\\nure. Whether such deficiency existed in fact, or whether the means-\\nprescribed are the best to supply the want, are not open questions\\nwith the donees that have accepted.\\nBut how is it in fact t Was Congress wrong in supposing the defi-\\nciency to exist, or in the choice of means to remedy it The bill\\nwas drawn and introduced in the Senate May 5th, 1862, by Senator\\nWade, of Ohio, read twice and referred to the Committee on Public:\\n*Name since changed to West Virginia University,", "height": "4160", "width": "2728", "jp2-path": "formationofstate00park_0_0360.jp2"}, "361": {"fulltext": "347\\nLands, and ordered to be printed which Committee reported back\\nthe bill with certain amendments, and a very long and elaborate de-\\nbate ensued, in which the leading men of that body from all parts of\\nthe loyal States participated, and after further amendments it passed\\nthat body June nth, following, by a vote of 32 to 7 and the 19th\\nof the same month, it passed the House, without further amendment,\\nby a vote of 90 to 25, and received the approval of President Lin-\\ncoln. Now, as Chief Justice Marshall once said to a young\\nlawyer who assumed 2 monopoly of legal knowledge before his Court,\\nthat the Court should be presumed to know something? I would\\nwith due deference to the Faculty and visitors of The West Virginia\\nCollege say that this body of men from all parts of the loyal States\\nshould be presumed to have known something of the subject they\\nwere so long engaged upon of the deficiency and proper means to\\nremedy it Besides, every one knows that until within a few years\\nthe subjects of Agriculture and the Mechanic Arts formed no\\nspeciality* and had no special Professorships in any of our numerous\\nColleges which oversowed the country with what are termed liber-\\nally educated young men, destined usually for some one of the\\nlearned professions so called and indeed it was thought presump-\\ntion to aspire to any of these professions without a diploma from\\nsome College. Times change, and experience has taught the world\\nthat neither Universities nor ordinary Colleges with their curricula\\ncan impart brains or heart, though they may aid both where they ex-\\nist, and are not therefore indispensable or even necessary, to the\\nhighest intellectual attainments and most exalted virtues, though the\\npersons may be deficient in the dead languages, and it should seem\\nabsurd to Professor Martin to call them educated men.\\nThis most salutary and growing experience taught men to believe\\nthat the successful practice of Agriculture and the Mechanic Arts,\\nin which more than, eight tenths of our whole population were en-\\ngaged, and which alone produced national wealth and greatness,\\nmight be aided and promoted by instructing the minds of those en-\\ngaged, in a knowledge of the invariable laws of the Creator which\\nform the science, and lie at the bottom of theirs as every other pro-\\ncess or art, and on a strict observance of which their success equally\\ndepended and hence Agricultural Professorships were established\\nthrough individual munificence in Harvard University and some few\\nColleges in the country. To say that these two branches, Agriculture\\nand Mechanics in the practice of which so large a proportion of our", "height": "4176", "width": "2484", "jp2-path": "formationofstate00park_0_0361.jp2"}, "362": {"fulltext": "348\\npeople are engaged, and on which the nation rests and derives all its\\nwealth and sustenance of every kind, are too narrow or insignificant\\nto form the foundation of a Coliege or its principal and leading ob-\\nject and specialty -when the secondary and incidental business of\\nCommerce has its Commercial Colleges, and Physicians, Theologians-\\nand Lawyers and many other classes engaged in one pursuit have\\ntheir respective Colleges, throughout this and the old country, would\\nbe strange indeed. No mind unless shrouded in the narrow and sel\\nlice of the past, and altogether uninfluenced by the\\nmc enlarged ideas of the present, can harbor such a\\nfor a moment.\\nI will now briefly suggest the mode in which, it seems to me, West\\nVirginia can best apply the bounty she has received so as to con-\\nform to the expressed wishes of the donors, and be of the greatest\\nadvantage to the intended beneficiaries, viz our young men who in-\\ntend to practice some branch of Agriculture or the Mechanic Arts.\\nFirst To establish two Professorships, the one Agricultural, the other\\nMechanical connecting with each, all studies germane and naturally\\nrelated then employ for each Professorship one of the best men\\nin the country, eminently qualified by natural ability as well as learn-\\ning and experience, general and special, thoroughly acquainted with\\nthe world and with men and boys who soon become men with the\\ntact and power to interest, awaken, instruct, control and enthuse\\nyoung men. The interest of the $9.0,000 would command and sup-\\nport such Professors and pay a regular army officer for giving to each\\nclass some knowledge in Military tactics, which need not require\\nmore than two or three months in a year. Let a judiciously selected\\nlibrary be provided, and then invite the youth of the State who have\\nacquired a good English education in the Free Schools at home or\\nelsewhere, and who intend to practice some branch of Agriculture or\\nthe Mechanic Arts to spend one year under the instruction of these\\nProfessors and then let them return home and give place to another\\nclass of three, four or five hundred as these numbers can be as\\neasily lectured to, at one time, as can fifty and so continue to rotate\\nthe students to pay their expenses except the tuition which the\\nbounties are to furnish.\\nNow what would be the natural results of such course First, it\\nwould bring annually this number of that class of young men, pos-\\nsessed of good English education acquired at home, and immediately\\nbefore their assuming the responsibilities and duties of manhood\u00e2\u0080\u0094", "height": "4160", "width": "2728", "jp2-path": "formationofstate00park_0_0362.jp2"}, "363": {"fulltext": "349\\ninto immediate contact with these Professors, with each other, and\\nwith a well selected library. Need the result be explained Every\\ntrue man already sees and feels it. What is in them, such Professors\\nwould awaken and draw out carry them aloft and show them the\\nwhole field of knowledge accessible to and attainable by all. In-\\nstruct them in the necessary sciences, introduce them to that perfect\\nsystem of unvarying laws which a beneficent Creator has given to\\nguide them in what becomes a pleasant and ennobling calling as\\nwell as eminently useful and profitable. To these youth Agriculture\\nand the Mechanic Arts will appear as they appeared to Cincinnatus\\nand Archimedes, to Washington and Franklin, and their thirst for\\nknowledge once awakened by a true master s touch, will never cloy\\nor tire. They will be made acquainted with books and will ever after\\npurchase and read them, as well as observe, experiment and prac-\\ntice. When they return to their farms and workshops they will be\\nmen worthy their country and age. Nor need I mention the interest\\nand enthusiasm these returning classes would be certain to create\\namong the uninitiated at home, and the effect of their presence and\\nrelation of their experience would produce. This would be some-\\nthing more than a manual labor school and make them something\\nmore than Farmers and Soldiers Nor is this fancy. The means\\napplied in the manner suggested will produce the result. But the\\nindispensable thing is to have live, inspiring and large calibred men\\nat the head as Professors.\\nThe comparatively few youth that may desire to take the ordinary\\nCollege course and obtain Diplomas can take it, with or without the\\nyears discipline, at the Agricultural College, in their own State, at\\nBethany College, or in Washington College, in a County adjoining\\nMonongalia, both fully established and enjoying a high reputation, at\\na much less expense than our Faculty and Visitors propose in their\\ncircular to furnish it, with the aid of the bounty they hold. They\\nexact $96 tuition for their four years collegiate course, when the tui-\\ntion for a like course can be realized by purchase of scholarships in\\nthe Washington College with its superior advantages for $35. A\\ngentleman of Wellsburg purchased a four years scholarship for that\\nsum for one of his sons, not long since. And as for board, it can\\nbe furnished in either of these Colleges, certainly, for $3,50 per\\nweek, exclusive of washing and lights, which is the amount our Fac-\\nulty and Visitors propose to charge. At the rate proposed in their\\ncircular the whole expense of a course will amount to at least $800,", "height": "4160", "width": "2488", "jp2-path": "formationofstate00park_0_0363.jp2"}, "364": {"fulltext": "350\\nexclusive of clothing and other expenses, and with the two years in\\nthe Preparatory department will be increased nearly one-half mak-\\ning about $1500 for the six years, with the bounty thrown in;\\nand the College to accommodate about at a time.\\nNow what is this to do towards enlightening and quickening the\\nmasses of our long neglected and comparatively uneducated people\\nHardly a taper in a cloudy midnight It is utterly above, and be-\\nyond the reach and pecuniary ability of the mass of our people.\\nHow many of our young farmers and mechanics can afford the ex-\\npense Not one in a thousand while the privilege I have taken\\nthe liberty to suggest, will be within the reach of all who may desire\\nto avail themselves of it. But it is proposed to educate at the States\\nexpense two from each Senatorial District, making twenty-two, to be\\ncalled Cadets, and who are to guard the College property. Guard\\nit against whom Ten times that number of Cadets could never\\nhave prevented ring depredations upon the Hospital or Penitentiary;\\nneither can they this College, from the only foe really to be feared.\\nBesides the selection will be made generally from motives of favorit-\\nism and accidental circumstances, and not from true merit; and\\nbeget jealousies, animosities and dissatisfaction among the people,\\nand be in the main productive of more evil than good. The time, I\\ntrust and hope, may come when it may be proper and expedient for\\nWest Virginia to establish for herself a College, and perhaps, Uni-\\nversity, in some respects resembling the plan now proposed not a\\npremature, abortive, languishing, inflated thing, as the one now pro-\\nposed must for a long time at least, be, but one that shall spring\\nnaturally from the exigencies of the State, and become the same,\\nand be liberally supported by a prepared and competent people. But\\nit seems to me as unwise, unfit and unbecoming at this time, as it\\nwould be for a young farmer or mechanic to expend the small means\\nhe has laid by for acquiring an outfit in life, in the purchase of a\\ncoach and six, or a $20,000 mansion. Is it wise for our people\\nlonger to ignore that inexorable law, that everything must creep be-\\nfore it can walk that great and worthy ends are attained only by\\npatient, gradual growth, from small beginnings, acting all the while in\\naccordance with, and not against this law. Other States, that the\\npeople of our infant ,State are now assuming to measure themselves\\nwith, have spent scores of years, and some, centuries, in patient ef-\\nfort to attain what we are vainly endeavoring to attain by spasmodic\\nleaps, or by those efforts of the over ambitious frog which ended in", "height": "4160", "width": "2716", "jp2-path": "formationofstate00park_0_0364.jp2"}, "365": {"fulltext": "351\\nself-explosion. A Hospital lo cost a million, ahead) disintegrating\\non account of its moral and physical abnormities a Penitentiary with\\na plan for four hundred and eighty cells\u00e2\u0080\u0094 four times more space than\\nany other people in the country, of the number of ours, require.\\nDoes the interest of the State require another, which can be gained\\nonly through a forfeiture and loss of the Nation s bounty\\nVery Respectfully,\\nG. P.\\nAugust 20th, 1867.\\nAGRICULTURAL COLLEGE.\\nEditor of Wheeling Register\\nI perceive by the Act of Congress passed July 4th, 1866, entitled\\nAn Act concerning certain lands granted to the State of Nevada,\\nthat that body has by necessary implication already declared that\\nany application of the proceeds to any other subject than the teach-\\ning of agriculture and the mechanic arts without its consent, shall\\nwork a forfeiture. Section 3d of that act reads as follows That\\nthe grant made by law the 2nd day of July, 1863, to each State, of\\nland equal to 30,000 acres for each of its Senators and Representa-\\ntives in Congress, shall extend to the State of Nevada, and that the\\ndiversion of the proceeds of these lands in Nevada from the teach-\\ning of agriculture and the mechanic arts to that of the theory and\\npractice of mining is allowed and authorized without causing a\\nforfeiture of the grant.\\nThis is equivalent to saying that if such diversion should be made\\nwithout its consent, it would work a forfeiture and makes it clear\\nthat, without its consent, a failure in any respect to make agricul-\\nture and the mechanic arts the leading object of the College,\\nwill work a forfeiture of the grant. Do the Managers and Faculty\\nin our case expect, or have they already, the promise of our Senators\\nand Representatives to obtain the consent of Congress to such a\\nperversion as they have attempted I think our farmers and me-\\nchanics at least, will have a word to say on that subject.\\nVery Respectfully 3\\nG. P.\\nSeptember 7, 86y.", "height": "4160", "width": "2484", "jp2-path": "formationofstate00park_0_0365.jp2"}, "366": {"fulltext": "352\\n[No. i.\\nOUR SYSTEM OF GOVERNMENT\u00e2\u0080\u0094 WHAT IS IT?\\nEditors Wheeling Register\\nWhen lust for power with personal hatred, has become the ruling\\nmotive of those whom we have entrusted with the powers of any of\\nthe great Departments of our National Government, it is well for us\\nto refer back and ascertain clearly what was the plan or theory in-\\ntended by the great Founders, to the end that we may be better pre-\\npared to act understandingly in any emergency that may arise.\\nThe System of Civil Polity the fathers established, consists of dis-\\ntinct governments, the several State and National Governments, pe-\\nculiarly and indissolutely (save by accomplished Revolution) united.\\nThese are all Constitutional representative Republics, or Democra-\\ncies, as all power emanates from the People.\\nIn all political and civil associations worthy the name of Govern-\\nment, there have been three great departments\u00e2\u0080\u0094 the Legislative,\\nwhich makes the laws the Executive, which carries them into opera-\\ntion and the Judicial, which expounds and applies them to cases as\\nthey arise, in a manner to advance and protect right, and repress and\\npunish wrong. The powers of these three departments united, con-\\nstitute the governing power of a State, which is the source of all\\nlegitimate authority, and head to which such authority is amenable,\\nand by which it can be regulated or resumed. For many centuries\\nbefore our fathers experiment, the sovereign power had been lodged\\nin one person, with none, or varying limitations, styled King or Em-\\nperor. Being only a man, and subject to the selfish passions of the\\nrace, he too often used the immense powers for selfish ends, to the\\ngreat detriment and oppression of his subjects. This experience\\nprompted our fathers when they undertook to erect governments in\\nthe woods, as it were, where the way was clear, after displacing the\\nBritish authority, to adopt a new mode of structure, and our present\\nsystem of civil polity is the result. Their plan was to reverse the\\nlocation of the sovereign power, which had to rest somewhere, and\\ninstead of vesting it in one man, to retain it in the body of the pco-", "height": "4152", "width": "2708", "jp2-path": "formationofstate00park_0_0366.jp2"}, "367": {"fulltext": "353\\npie, of whom the Cramers were to be a part, and execute its powers\\nand functions through agents, with written Constitutions for their\\nguidance, and thus avoid the great expense and oppression attend-\\nant on Kings and Emperors, with their Thrones and Courts. It was\\na bold experiment to be attempted in the woods even, and required\\nmen that feared God, that had subdued a wilderness in part, a savage\\nrace, and dared then and ever after to defy the strongest nation on\\nearth, to do it. The theory, plan or ideal of our fathers has now\\nstood the practbal test of nearly a century, with no other change\\nthan the plan itself provided for, and with results that astonish the\\nworld.\\nWe live in a world where everything is subject to unvarying laws,\\nwhich we call the divine will. These laws in themselves are not sub-\\njects of sense, but are manifested to us only through their physical ex-\\npression in natural phenomena and divine revelation. These divine\\nlaws are self- existent, and in no sense dependant upon physical expres-\\nsion, which is only their effect, Fvery human enterprise, whether\\nof government or other thing, must conform to these divine laws in\\norder to be successful. Hence correct theory, plan or ideal, must\\nprecede successful practice, otherwise the practice must be blind,\\nlabor in the dark, and efforts made at random. Hence good gov-\\nernment presupposes the prior existence of correct theory, plan or\\nideal, which is self-existent, and independent of physical embodiment,\\nand manifestation. True Christianity is such a theory, physically\\nmanifested by the New Testament and its good effects on those who\\npractice it. The system of Civil Polity of Ancient Rome still exists,\\nand is manifested to us by its records, laws, c, though the Roman\\npeople that practiced and gave it physical expression disappeared\\ncenturies ago, and their system was displaced or more or less mod-\\nified by their conquerors, through accomplished revolution. So the\\nFeudal system of the middle ages, though nearly obsolete in practice,\\nstill exists and is evidenced to us by the writings of Littleton, Coke,\\nBlackstone, c. and so the system of Civil Polity inaugurated by\\nour Fathers still exists, except so far as it has been modified by legit-\\nimate amendments, (for no accomplished revolution has displaced it\\nin any part) and is evidenced to us by our written Constitutions and\\nlaws made in pursuance thereof. People are necessary to give the\\nsystem, or any department, as a State, physical expression and prac-\\ntical results, but not necessary to its existence. This can only be\\ndisplaced by legitimate amendments of the system, or by accomplish-\\nU2", "height": "4160", "width": "2480", "jp2-path": "formationofstate00park_0_0367.jp2"}, "368": {"fulltext": "ed revolution. An unsuccessful attempt at revolution in whole or in\\npart cannot displace it to any extent. It may change the practical\\nworking of the system for a time, until the disturbing element is re-\\nmoved, but not the system itself, which remains the same. The?\\nPeople that are required to give physical expression are all the time\\nchanging. Three generations have come and gone already since our\\nsystem was inaugurated.\\nIf all the people now living in Rhode Island should leave thar\\nState to-morrow, or should make an unsuccessful attempt, as Dork\\nand his party did some years since, to change by force that depart-\\nment of our national polity, it would not affect it. The system would\\nnone the less consist of thirty-seven States 7 though in one 7 its prac-\\ntical working was temporarily suspended, or inharmorsiously worked-\\nAny other theory would necessarily subject the whole to the absolute:\\ncontrol of its constituent parts the Nation, to its thirty seven con-\\nstituent departments to be destroyed by piecemeal which would\\nbe far more disastrous than to let erring and discontented sisters de-\\npart in peace r without first obliging them to commit voluntary suicide-\\nOur system of civil polity makes the very existence of the National\\nGovernment depend on the continued existence and perpetuity of\\nthe State Governments. Destroy the latter, and how can a National\\nSenate be chosen, where there are no State Legislatures I How car*\\na National House of Representatives be elected,, or President, or\\nVice President, without the co-operation of State Governments?\\nHow can Judges of the National Courts be appointed, where Bhere\\nis no President to nominate and commission, or Senate to confirm I\\nIf it be admitted that one, or ten States can destroy themselves by\\nunsuccessful attempts by their People at devolution\u00e2\u0080\u0094 then all can,\\nor enough to stop the National Government altogether and what\\nauthority is there then, to take charge of the Territory, which the\\nStates and Nation now cover Who can make and enforce laws to\u00c2\u00bb\\ngovern it Who- assent, and admit new States into a Union\\nthat has, ceased to exist The doctrine that unsuccessful attempts\\nat revolution can destroy any of our State Governments,, \u00c2\u00a9r impair\\ntheir organic structures, is worse in practical results, by far, than the\\ndoctrine of peaceable secession, and ten times more absurd, The\\nchastisement of the inanimate abstraction of State organism, by\\nattempting their destruction for wrongs men have done through or\\nunder them, is like a man s destroying an apartment of his own\\nhouse, in order to punish the person that had attempted to rob it", "height": "4160", "width": "2728", "jp2-path": "formationofstate00park_0_0368.jp2"}, "369": {"fulltext": "35f)\\nor the Connecticut Puritan, who whipped his beer barrel because\\nthe beer that was in it continued to work on Sunday.\\nOUR SYSTEM OF GOVERNMENT\u00e2\u0080\u0094 WHAT IS it?\\nEditors Wheeling Register\\nI attempted in a former article to show that cur system of Civil\\nPolity consisted of the theory, plan, or ideal, which the Fathers con-\\nceived and evidenced to us by the Constitution they established\\nthat this system is self-existent, and not dependent for its existence,\\nbut only for physical expression and practical results, on the People,\\nwho are constantly changing, and that this system can only be dis-\\nplaced, modified, or impaired Joy amendments of the Constitution in\\nthe modes pointed out, or by success/id and aecftnplhlied Revolution\\nthe right of which our Fathers admitted to exist, and its exercise\\njustifiable in extreme cases. I will now attempt to give an outline of\\nthe system of Civil Polity that they established.\\nPrior to July 4th, 1776, the thirteen Colonies, -though separate,\\nwere united by a common allegiance to the British Crown. That on\\nthat day they unitedly declared their Independence to sustain which,\\nthey conducted to complete success, the most unequal war ever\\nknown. Immediately after the Declaration these Colonies assumed\\nfor themselves the dignity and character of sovereign States, and the\\npeople of nearly all formed for themselves respectively. State Con-\\nstitutions and in them, while the terrible and unequal war was rag-\\ning laid the foundations of our present polity. They placed\\nthe sovereign power, which in the mother Stale was vested in the\\nKing, in their respective peoples, who were to execute the same\\nthrough agents whom they periodically elected or appointed, made\\nresponsible to the people and who were sworn to obey and conform\\nto the respective State Constitutions, which provided for the three\\ngreat departments of Government: Legislative, Executive and Ju-\\ndicial, carefully defining the duties and powers of each, and in many\\ninstances expressly forbidding any interference with each other in\\n\u00e2\u0080\u00a2the discharge of their respective duties. The Legislative was to\\nVery Re sp ectf ul ly,\\nG. P.\\nJanuary 29, iS S.", "height": "4160", "width": "2492", "jp2-path": "formationofstate00park_0_0369.jp2"}, "370": {"fulltext": "356\\nconfine itself to making the laws the Executive, who was made\\nCommander-in-Chief of the army, to carrying the laws into execution;\\nand the Judicial to interpreting and applying the same to cases as\\nthey should arise. In 1777 tne thirteen States, through their Legis-\\nlatures, entered into a compact, which they called Articles of Con-\\nfederation. This was a compact or league between the several\\nsovereign States, to which the States in their corporate capacity were\\nthe parties, and not their respective peoples who held the sovereign\\npower. These articles provided for no Federal Executive, nor\\nJudiciary department, but only a Legislature, called the Congress,\\nconstituted of delegates appointed by the Legislatures of the States.\\nThis Congress was empowered to pass laws, but it had no Federal\\nExecutive to enforce them after they were passed, nor Federal Courts\\nto expound and apply them. All that Congress could do, was to\\nentreat the respective sovereign States to make their respective peo-\\nples obey them. While the war lasted and the outside pressure was\\nstrong, the authorities of the States generally complied but when\\npeace came in 1783, and the outside pressure was removed, many of\\nthe States declined, and the Congress became remediless unless it\\ncould persuade the complying States to compel those that were re-\\ncusant, by declaring war against them. A more deplorable state of\\nthings cannot be imagined. No taxes could be raised to pay the\\nheavy debt, or interest, or even the current expenses of the Congress.\\nIt was a rope of sand, in truth.\\nThus circumstanced, the great men who had carried through the\\nunequal war, aroused themselves to make secure the precious boon\\nthey had purchased at so great sacrifice, met in Convention in Phil-\\nadelphia, and with George Washington in the Chair, devised and\\nput in form our present National Constitution. It describes the\\nparties whose work it was to be thus We, the people of the\\nUnited States, do ordain and establish this Constitution for the United\\nStates of America, and when the draft was completed it was sub-\\nmitted to the people convened in their respective States to sign or\\nratify; and provided when ratified by the people of nine of the\\nthirteen States, it should be binding to that extent, and might be put\\nin operation, which was done in 1789, and the other States ratified\\nafter. Article 6, Section 2nd, declares, that the Constitution and\\nLaws of the United States made in pursuance thereof, treaties, c,\\nshall be the Supreme Law of the Land, and the Judges of every\\nState shall be bound thereby, anything in the Constitution or laws", "height": "4160", "width": "2720", "jp2-path": "formationofstate00park_0_0370.jp2"}, "371": {"fulltext": "thereof to the contrary notwithstanding. Article 9, amendment,\\nreads thus The enumeration in the Constitution of certain rights\\nshall not be construed to deny or disparage others retained by the\\nPeople. Article 10, amendment, reads thus The powers not\\ndelegated to the United States by the Constitution, nor prohibited by\\nit to the States are reserved to the States respectively, or to the\\nPeople.\\nThese are the clauses showing that it was the people, who possess-\\ned the sovereign power, that made it that declared that the powers\\nexpressly granted to the National Government thereby, should be the\\nSupreme Law of the Land, any State Constitution or laws thereof,\\nto the contrary notwithstanding and that all powers not so granted\\nwere reserved to the States respectively, or to the people. They ex-\\npress the distribution of powers made, and the relation of those\\npowers so clearly as to leave no room for comment, which is the case\\ngenerally with the production of these great men. The reasons why\\nthe Fathers submitted the ratification to the people instead of the\\nLegislatures, was that the people held or controlled all sovereign\\npower, and so were able to resume, or take back any powers, they\\nhad previously granted to their respective State Governments, and\\nbestow them on the National Government they were then forming,\\nand to that extent of course, abridge the powers of their State Gov-\\nernments. It was submitted to the people of each State instead of\\nmeeting all in one Convention, because it was more convenient; and\\nthe people of each State became consolidated to the extent of the\\npowers granted to the United States, but no farther as fast as they\\nratified.\\nThe people thereby made themselves subject to two Governments,\\nthe National, which was supreme within the scope of powers ex-\\npressly granted with those necessarily incidental, and the respective\\nState Governments, to the extent of the remaining powers that con-\\ntinued vested in them. The people then are the sovereigns, and as\\nsuch the source of all power who conduct their Governments,\\nNational and State, through their chosen agents, whose guide and\\nwarrant are the Constitutions National and State, and which, so far\\nas they are to act under them, they swear to support.\\nIt is the duty and right of the people therefore, who are the prin-\\ncipals and masters, to keep their respective agents, National and\\nState, within their proper spheres of duty. If one agent attempts to\\nencroach on another a National on a State, or the reverse; or in", "height": "4160", "width": "2484", "jp2-path": "formationofstate00park_0_0371.jp2"}, "372": {"fulltext": "358\\nthe same government, the Legislative, on a Judicial or Executive, or\\nthe reverse in all such cases, it is the imperative duty and right of\\nthe people to check and punish the intruder. The keeping of the\\nNational agents to their appropriate spheres, and to check and pun-\\nish all encroachment upon what is properly State authority, is as\\nvitally essential to the safety of the system as the reverse would be.\\nThe safety and harmonious action of the entire system consist in\\nthe people keeping all their agents, National and State, to their ap-\\npointed spheres, as clearly denned in the Constitution.\\nThe Fathers were equally careful to separate and clearly define\\nthe duties pertaining to the three great departments of the National\\nGovernment; the Legislative, consisting of the Congress, the Execu-\\ntive, being the President, and the Judicial, being the Supreme Court\\nof the United States, and such inferior tribunals as Congress should\\nestablish by law. The people directly or indirectly appoint the offi-\\ncers and agents to represent them, and to perform in their place and\\nstead, the duties pertaining to each of these three great departments\\nof sovereignty and although to each is allotted by the Constitution\\nseparate, distinct and peculiar duties, they are styled and treated as\\nco-ordinate, which means of equal dignity and importance, and\\nequally essential. A majority of each House of Congress, with the\\napproval of the President, or two-thirds where he disapproves, make\\nthe national laws, and here its duty and power stops. The Senate\\nconcurs with the President, in appointing certain officers and con-\\ncluding treaties, and there its executive duty and power stops. The\\nexecutive powers are devolved on the President, who takes an oath\\nto the best of his ability to preserve, protect and uphold the National\\nConstitution, and to take care that the laws are faithfully executed.\\nTo enable him to do this, he is made Commander-in-Chief of the\\nArmy and Navy of the United States, and Militia of the States when\\ncalled into actual service. He with the advice and consent of the\\nSenate, appoints his Cabinet officers, who are made his confidential\\nadvisers, and for whose conduct he is made responsible and for this\\nreason he has uniformly, since the Government was formed, dismiss-\\ned such Cabinet officers, when he saw fit, without being held account-\\nable to either of the other co-ordinate departments, but only to the\\npeople, whose immediate representative he is. The judicial powers\\nare devolved by the Constitution on one Supreme Court and such\\ninferior tribunals as Congress shall establish by law. The Constitu-\\ntion provides that the Judges shall hold their office during good be-", "height": "4160", "width": "2764", "jp2-path": "formationofstate00park_0_0372.jp2"}, "373": {"fulltext": "havior, (which is in effect for life) and receive for their services :i\\nfixed compensation that shall not be diminished during their contin-\\nuance in office thus making the Judicial agents as independent and\\nfar removed from partisan influence as the system would admit. The\\nConstitution expressly provides that the jurisdiction of these Courts\\nshall extend to all cases in law and equity arising under the Consti-\\ntution and laws and treaties made by the United States, and some\\nother cases not necessary here to mention. The Constitution also\\nexpressly provides that all the civil officers of each of the three great\\ndepartments, may be impeached by the House of Representatives,,\\nand tried and convicted by the Senate and removed from office, for\\ntreason, bribery or other high crimes and misdemeanors,\\nIt is also made the express duty of Congress to mnke all laws-\\nnecessary and proper, to carry into effect all powers granted to the\\nGovernment or Department, or officer thereof to Biake rules for\\nthe Government and regulation of the Land and Nayal forces, in\\npursuance of which Congress established in 1806, the rules known\\nas the Articles of War. it also authorizes each House of Con-\\ngress to establish rules for the Government or regulation of its\\nown Body.\\nArticle 4, Section 4, of the Constitution, reads thus: -The United\\nStates shall guarantee to every State in this Union a republican form\\nof government, and shall protect each of them against invasion and\\non application of the Legislature, or of the Executive (when the\\nLegislature cannot be convened) against domestic violence.\\nThis is an outline of the system of Civil Polity which our Fathers\\nestablished. In my next and last, I will examine the recent measures\\nand conduct of some of our public agents by the light the Constitution\\nsheds.\\nVery Respectfully,\\nG. P.\\nFebruary 4, 1868.\\n[No. 3.]\\nOUR SYSTEM OF GOVERNMENT\u00e2\u0080\u0094 WHAT IS IT?\\nJiditors J I heeling Register\\nI have attempted in former numbers to show that our system of", "height": "4160", "width": "2484", "jp2-path": "formationofstate00park_0_0373.jp2"}, "374": {"fulltext": "3 GO\\nCivil Polity is distinct from, and exists independently of, a people,\\nwho are only necessary to give to the system physical expression and\\npractical manifestation, and that this system can only be displaced\\nor overturned, in whole or in part, by legitimate amendments or,\\nforcibly, by accomplished revolution and also the designs of its\\nfounders, and the distribution they made of powers in order to ac-\\ncomplish their designs. I feel myself warranted in saying that there\\nis not a man in the country, soldier or civilian, who was true to the\\nGovernment during the late war, that does not know that the theory\\nof the Government substantially as I have stated it, was the one the\\nfriends of the Government adopted at the commencement of the\\nwar. and continued to act on and fight for, until the insurgents sur-\\nrendered in the Spring of 1865. Every act of the Government,\\nsome of which were solemn declarations of this fact as its purpose,\\nand tendered solemn guarantees to the insurgents, if they would sub-\\nmit and return every expression of the loyal people every act and\\nproceeding relating to the re-organization of the Government of Vir-\\nginia, and forming of the New State, affirms the fact: that the sole\\nobject and purpose of the Government was to suppress the insurrec-\\ntion and preserve and maintain the national system unbroken and as\\nlittle impaired as possible by the necessary wear and tear of the war.\\nTo take time therefore, to advance proof of a fact so well known\\nwould be like attempting to prove that the sun shines in a cloudless\\nmidday, or that we exist.\\nThe annihilation of States now set up is a theory brought about\\nsince our triumphant suppression of the insurrection in 1865, when\\nall the insurgents surrendered their arms and persons to our Generals\\nupon terms dictated by President Lincoln. These terms assured to\\nthe vanquished entire protection against civil or military punishment,\\nso long as they obeyed the laws, thereby securing the sacred pledge\\nof the Government to all actually in arms, who were, of course, the\\nmost dangerous portion of the insurgents. None ol these, as I have\\nheard, have broken their parole, but have, as a general thing,\\ndemeaned themselves in a manner becoming brave, honorable and\\nsincere men. It becomes, therefore, a curious inquiry how ten\\nStates have been annihilated during the calm and general exhaustion\\nconsequent on such a war. Certainly President Lincoln did not\\nconsider them annihilated when, immediately upon the surrender, he\\ninvited the members of the Virginia Legislature who had been elect-\\ned while the insurgents were operating her Government as a part.", "height": "4160", "width": "2724", "jp2-path": "formationofstate00park_0_0374.jp2"}, "375": {"fulltext": "361\\nand in harmony with, the bogus Confederacy before it was overthrown,\\nto convene, renew their oath of allegiance to the Government and\\noperate the State in harmony therewith. Though he revoked this\\ninvitation afterwards, at the instance of others and for reasons other\\nthan the annihilation of the States, it shows, nevertheless, very clear-\\nly what his views were after the war had ceased. And it satisfies\\nme, also, that if he had been spared to the nation this phantasm of\\nState annihilation would never have been started with any success.\\nMr. Lincoln was not prepared to admit that, after having suppress-\\ned the insurrection, at a cost of half a million of lives and three\\nbillions of treasure, that the integrity of the Nation was still broken,\\nand the Departments or States, in which the insurrection had raged,\\nwere annihilated. The sound head and patriotic heart of Abraham\\nLincoln would never have made so humilating, so self-stultifying, so\\nfatal a concession. He saw clearly that the integrity of the Govern-\\nment was saved and unimpared, save the wear and tear of the war, and\\nthat all that was necessary to be done, was to place those State Gov-\\nernments again in practical relation and harmonious working with the\\nNation from which they had been temporarily diverted by the trea-\\nsonable acts of the insurgents who were subject to be punished for\\ntheir crimes in the manner the laws of the Nation and of war pre-\\nscribe. No 3 his great spirit, set free by the assassin s hand, as it\\ntook its flight to a more deserving world, cast its hist lingering and\\nsmiling look on no broken Government, with one-third of its States\\ndestroyed as is now pretended, but on a Government saved, vindica-\\nted and entire in all its parts as when it came from the hands of its\\nmakers, save only such wear and tear as successful war had occasion-\\ned. He saw that the changes made by the war required amendments\\nof the National Constitution, and at his suggestion, Congress had in-\\naugurated an amendment pending at his death, forever abolishing\\nslavery, which has since been duly ratified and is now a part of that\\ninstrument.\\nPresident Johnson adopted the plan of re -organization (for the\\nterm Reconstruction has been manufactured since) that had been\\ninaugurated by Mr. Lincoln, only with greater stringency, as is clear-\\nly proved by General Grant and others testimony before the im-\\npeachment Committee. He by the great calamity and without a\\nday s preparation, had the great and delicate work devolved on him,\\nCongress having adjourned. lie as Commander-in-Chiei ol the\\nArmy of the Nation, then Hushed with victory, and the late insurgents\\n2", "height": "4160", "width": "2476", "jp2-path": "formationofstate00park_0_0375.jp2"}, "376": {"fulltext": "vanquished, their arms having been surrendered, asking mercy at his-\\nfeet. It was a trying and responsible position for any man of brave\\nand generous heart. His first acts were to avenge the murder of his-\\nlamented predecessor, and he seized the authors and the fleeing,\\nleaders of the late insurrection, then supposed to be implicated, with\\nan iron hand. The former he caused promptly to be tried by a mili-\\ntary commission, and being convicted and sentenced, he ordered to\\nbe executed, and rightly so, it seems to me, for the frames of the\\nConstitution must have contemplated that the army should protect\\nitself as well as the country, and if its Commander-in-Chief were\\nmurdered in his camp by a soldier or civilian, the offender subjected?\\nhimself to punishment by military law, and was not entitled to 7% trial\\nby jury. The leader of the defunct insurrection has through imbe-\\ncility proved to be an elephant on the hands of all, President, Con-\\ngress and Court, and they are not rid of him yet.\\nMr. Johnson had sworn to support the Const Sution and ta c\\ncare that the laws are faithfully executed. The national laws- are:\\nhere doubtless meant, but the reorganizing of the State governments-\\nat the same time would facilitate their execution and as Coisaman-\\nder-in-Chief of the Army it was his duty to govern the surrendered\\ninsurgents until a civil government could be inaugurated to do it\\nand besides, being; vested with all the Executive power of the Gov-\\nernment, which its Constitution, expressly requires shall guarantee to*\\neach State a government republican in form, and being earnestly\\nurged by General Grant and others, as appears from his testimony\\nand the members of his Cabinet,, and having before him. the example\\nand plan of his predecessor,, it seems to me he was dearly justified\\nin undertaking to reorganize the State governments as he did y with-\\nout first convening Congress. He never pretended that his work\\nwould not be subject to revision by that body, though he might, in.\\nmy judgment, have well taken that ground, except so far as the ad-\\nmission of members to Congress was concerned. To have waited\\nfor the calling and convening of Congress and for its determination,\\nwhich would probably have taken- raany months, and which, when*\\nobtained, could have been, it seems to me, on-ly advisory in the case\\nwould not have met the urgent necessity of the time if the known\\nand uniform theory and practice of his predecessor and of the entire\\nGovernment before that time, were correct, Congress had, no power\\nto legislate, touching the system of Civil Polity then existing, in the\\nStates respectively as established by their respective Constitutions", "height": "4160", "width": "2736", "jp2-path": "formationofstate00park_0_0376.jp2"}, "377": {"fulltext": "C- o\\nand laws prior to the commencement of the war. To procure men\\nwho would operate the already existing laws in harmony with the\\nNation, was all that could be Constitutionally done. Of course the\\nvanquished insurgents were subject to be punished as the law pre-\\nscribed unless shielded as all that had been in arms were, by their\\nparole so long as the}^ obeyed the laws. If the Government s theory\\nand practice to that time were correct, then the internal polity of\\nthese States could only be changed by the action of their respective\\npeoples, or by amendments of the National Constitution, which\\nlatter of course, amends and displaces whatever comes in conflict,\\nboth State Constitutions and laws.\\nMr. J ihnsok, in his proclamation of May, appointed Provisional\\nGovernors and authorized the call of Conventions in the several\\nStates to appoint proper men to operate the State Governments, pre-\\nscribing, substantially, that loyal men who were voters at the com-\\nmencement of the war should alone be entitled to vote for delegates.\\nThe Conventions convened and the requisite State officers were\\nelected and their oath of allegiance to the Governments, both\\nNational and State, was renewed Representatives and Senators to\\nCongress were chosen the National Courts opened, as far as prac-\\nticable the blockade removed, the postal system established,\\nand the pending amendment of the Constitution, abolishing slavery,\\nhe insisted the Legislatures should ratify, c, and reported his doings\\nto Congress in December, 1865. During this session the quarrel\\nbetween the President and Congress commenced. Congress inaug-\\nurated the pending amendment of the National Constitution for re-\\nt onstructiag n the States. This, Mr. J ohmsgn advised the late insurrec-\\ntionary States not to ratify, but continued to urge them to ratify the\\none abolishing slavery he also induced them to declare void their\\nordinances of secession and repudiate the debts incurred in their\\nrebellious movements and reported again to Congress in December\\n1866. Meanwhile, Mr. Johxscx had swung round the circle, and\\nthe Fall elections had taken place, in which the friends of Congress\\nsignally triumphed. This result greatly emboldened the members of\\nthe then existing Congress, and, pretending great indignation that\\nthe Legislatures of the late insurrectionary States declined to ratify\\nthe pending amendment, it passed in February, 1867, what is called\\nthe Reconstruction Act, which with its supplementary act in June\\nfollowing assumed to abolish the very State Legislatures to which it\\nhad submitted the proposed amendment for ratification, and estab-", "height": "4156", "width": "2468", "jp2-path": "formationofstate00park_0_0377.jp2"}, "378": {"fulltext": "364\\nlishing a Military Government in ten of Hie States. And as the\\nPresident, whom the Constitution makes Commander-in-Chief of the\\nArmy and Navy of the United States, did not co-operate as they\\nthought he ought, they propose 3 by the bill now pending, to withdraw\\nfrom him the portion of the army used for the government of the ten\\nStates, and vest the supreme command thereof in General Grant\\nmaking him, in effect, Supreme Military Dictator, so far as ten States\\nand that portion of the army are concerned, as he will be accounta-\\nble to no one, for being a military officer, he is not impeachable, and,\\nbeing supreme in the military, there will be no superior officer to\\norder a court-martial to try him.\\nThe present Congress has also passed what is called a civil\\ntenure law, prohibiting the President from removing any of his Cab-\\ninet officers without the consent of the Senate. The right of the\\nPresident to remove such officers at pleasure was established immed-\\niately after the Government went into operation, and has been exer-\\ncised since by the successive Presidents, without any objection from\\nany source. This uniform practice of eighty years, with entire\\nacquiesence, would certainly give the Constitution a construction not\\nto be departed from, especially when the untrammeled exercise of\\nthe right is so manifestly necessary to the prompt and due execution\\nof the Executive power. Moreover, as the Constitutionality of the\\nReconstruction Acts is pending before the Supreme Court of the\\nUnited States, and apprehending that five of the eight Judges of\\nthat Court, entertain opinions adverse to their Constitutionality, Con-\\ngress has inaugurated a bill requiring at least six of the Judges to\\nconcur in order to declare any of its acts Unconstitutional. It has\\nalways been the practice in this and all other Courts in the Nation\\nsince its origin, as well as the Courts of England, for many centuries\\nbefore, that a majority should be competent to decide all Judicial\\nquestions of whatever character. Can it with any reason be suppos-\\ned that the framers of the Constitution who were eminent lawyers\\nmost of them, and well acquainted with this long and uniform prac-\\ntice in both countries would not have made an express exception, if\\nthey had intended there should be any, to the uniform and long es-\\ntablished rule They make no such exception. They establish by\\nthe Constitution one Supreme Court of the United States, and\\nprovide that the President, with the advice of the Senate, shall ap-\\npoint and commission during good behavior the Judges of this Court,\\nand they shall be compensated by fixed salaries not to be diminished", "height": "4152", "width": "2724", "jp2-path": "formationofstate00park_0_0378.jp2"}, "379": {"fulltext": "during their term of orifice, thereby making the tribunal as independ-\\nent and impartial as possible. It authorizes this Court to decide on\\nthe Constitutionality of all laws that Congress shall pass. Can there\\nbe any doubt but that the framers meant that the majority of that\\nCourt should be competent to decide in conformity to the universal\\npractice, that the concurrence of a majority should be competent\\nAnd if they had intended any exception to this long established prac-\\ntice in declaring a law of Congress unconstitutional, would they\\nnot have said so It seems to me there can be but one answer. If\\nthen such was the meaning and intention of the framers, Congress, I\\nsubmit, has no right to disregard it any more than it has an express\\nprovision of that instrument.\\nIn the same way we are to arrive at what the framers meant when\\nthey said the President shall be Commander-in-Chief of the Army\\nand Navy of the United States, without using any qualifying or re-\\nstrictive terms. They meant to confer upon him all powers then\\nproperly belonging to such an officer, to be determined by the prac-\\ntice and usage of the mother country and public law. If they had\\nnot so intended, they would have made qualifications. But some\\nmembers of Congress say the proposed law does not abridge his\\npower as Commander-in Chief, although the proposed law subjects\\nthe President to a fine of not more than $5,000 and imprisonment for\\nnot more than two years if he issue any order or interferes in any\\nway with General Grant or any of his subordinates. Others pretend\\nto justify by the clause in the Constitution authorizing Congress to\\nmake rules for the government and regulation of the land and naval\\nforces. Congress gave a construction to this clause soon after the\\nGovernment was formed in enacting what is known as the Articles\\nof War. The long and established acquiescence in and practice\\nunder these rules show what authority the framers meant to give\\nCongress by this clause. The Constitution also says each House of\\nCongress may establish rules for the regulation of its body. The\\nassumption of power derived from this clause, to take the command\\nof the Army and Navy from the President, is too palpably unmaintain-\\nable to admit of comment. If Congress can take it in part, it can\\ntake it in whole, and thus usurp all power and means which the\\nPresident possesses to execute tne laws.\\nThese manifest violations of the Constitution the Radicals have en-\\ndeavored to shelter, first under one, then another provision, without\\nsuccess, and having ransacked the entire instrument they rest at last", "height": "4160", "width": "2484", "jp2-path": "formationofstate00park_0_0379.jp2"}, "380": {"fulltext": "366\\n\u00c2\u00a9n this The United States shall guarantee to every State in the\\nUnion, a republican form of Government, and shall protect each of\\nthein against invasion and on application of the Legislature or the\\nExecutive (where the Legislature cannot be convened) against do-\\nmestic violence.\\nNow can any one doubt, but that the makers had in view the\\nthirteen then existing States with those of similar structure that\\nshould be admitted afterwards, and that such State Governments\\nwere considered by them as being republican in form, that slavery\\nexisted in all but one at the time, and the right of suffrage existing\\nin all was far more restricted than in any of the late insurrectionary\\nStates at the commencement of the war. The makers then not only\\nmeant to enjoin on the United States Government, to guarantee to\\neach of the then existing States and to all of similar character ad-\\nmitted afterward, but expressly declared what was necessary to con-\\nstitute a republican form of government as they understood it. Be-\\nside, it is States existing and in the Union, that this clause contem-\\nplates, shall be guaranteed Republican forms of government and be\\nprotected against invasion, and on application as before stated, against\\ndomestic violence. What invasion of any of the ten States has been\\nattempted since the war to warrant the Government s interference\\nWhat Legislature or Executive where that could not be convened,\\nhas applied to the Government for protection against domestic vio-\\nlence. How is it possible, then, that this clause can have any appli-\\ncation, if their theory is correct that the States have ceased to exist\\nThe Constitution does not authorize, nor ask, the United States to\\nerect or set up State Governments in order to guarantee them after-\\nward. And if the States exist, as they no doubt do, where is the\\ninvasion to justify or precedent application required to authorize in-\\nterference to protect against domestic violence The clause affords\\nno warrant or shield for their measures in any view of the case, but\\nleaves exposed all their destructive abnormities and even where a\\ncase does exist, it is the United States which consists of three co-\\nordinate departments, all of equal dignity, that is to so guarantee\\nand protect. What new infiatus of the higher law has so expand-\\ned Congress that it absorbs, in this case, the other two departments\\nThe whole affair strikingly illustrates the general truth, that one de-\\nparture from the right track in government, as in individuals, neces-\\nsitates many, if persisted in. Speedy retracing or inevitable ruin is\\nthe only alternative in any case.", "height": "4156", "width": "2788", "jp2-path": "formationofstate00park_0_0380.jp2"}, "381": {"fulltext": "3(57\\nHence we have before us the spectacle of a great party, highly\\nvitalized by its late signal victory in war, plunging headlong to the\\ndestruction of itself, and the very Government it had formerly done\\nso much to protect. Its great men, like Ex-Governor Morton for\\ninstance who exemplified in his tecent speech in Congress, how small\\nand pitiable a strong man makes himself appear, when he under-\\ntakes to war against truth, conscience r and his own record he who is-\\nclaimed to be their Webster in Constitutional law, assumes for his\\npremises and foundation of his argument, a declaration which he\\nsays, President Johnson made in his proclamation of May, 1865,.\\nthat the late insurrectionary States were without civil Government\\nmeaning of course that there were no suitable officers to operate\\nthem, and these had to be furnished in some way in order to restore\\nthese States to their former harmonious relations with the Nation,\\nHaving thus perverted Mr. Johnson s statement and meaning, to\\nState annihilation, he set to work to reconstruct them in order to\\ngive Congress States to guarantee Republican forms of Government\\nto. His clear seeing mind admonished him to assume as his premises-\\nState annihilation, and not to undertake to establish it by argument,\\nIt takes the old and stereotyped doctors of the higher law to es-\\ntablish that by argument. Fools rush in where their Webster\\ndare not tread. There are many others in the same predicament\\nwith the Ex-Governor. And all this, it seems to me, is attributib e to\\nthe great mis-step Congress made when it undertook a year ago to\\npass and carry out these reconstruct on measures when it would\\nhave been competent it seems to me, for that body to have inaugu-\\nrated such amendments to the National Constitution as the occasion\\nrequired, and have sought their ratification through conventions,\\nwhich the Constitution expressly authorizes, convened in each State,\\nand in the construction and organization of which, Congress must\\nnecessarily have plenary power, instead of making the miserable\\nbotch they have in adopting the Legislature mode of ratification, ov-\\ner which Legislatures they can have no constitutional control.\\nNow I can account for this strange and unnatural course of con-\\nduct only in this way: We all know there were two extreme parties\\nof forty years standing that got up the recent war the authors of\\nthe Higher Law doctrine on one side, and the fire-eaters of the\\nSouth on the other. Slavery was the subject of contention up to the\\ntime ot the war, and each party placed it above the Constitution in\\ndignity and importance, which as far back as I can remember the", "height": "4160", "width": "2480", "jp2-path": "formationofstate00park_0_0381.jp2"}, "382": {"fulltext": "doctors of the Higher Law denounced as a Compact with Hell\\nand League with the Devil, and in this faith kept pushing until they\\nhad placed on the Statue Books of fifteen States nullification in the\\nguise of Personal Liberty Laws, wanting the overt act only,\\nwhich their fiery opponents were indiscreet enough to commit, to\\nhave reversed their present condition. These doctors are peculiarly\\nconstituted. They possess every kind of sense but honest, hard\\ncommon sense, and to this they are utter strangers. They never\\nsleep, but are always pushing for some one idea. Slavery and the\\nnegro absorbed their whole being. Reckless of consequences they\\nkept pushing, declaring all the while the fire eaters could not fight,\\nwhile the latter maintained their opponents dnred not. When the\\nwar came with its dreadful fury, the doctors for a time stood far in\\nLie rear, amazed and confounded, till at length their anxiety for the\\nfate of slavery and the negro, their capital stock in trade, aroused\\nthem. They saw if the rebellion succeeded their stock was gone,\\nand it slavery should be abolished and the Government succeed, and\\nthe insurrectionary State Governments should remain undestroyed,\\nthen the freedmen would remain in those States where there would\\nbe no way to manipulate them without going and living in those\\nStates and this they dared not do. At this point it was we heard\\nthe first cry from far in the rear of State annihilation, and nothing\\nbut territory left, if the Government should succeed. This\\nincreased and became more emphatic after the proclamation abolish-\\ning slavery was issued, and as the prospects of the Government to\\nsuccess brightened.\\nWhen the rebellion fell, nearly or quite all of the doctors sprang\\nfrom the rear to the front, claimed the merit and glory of having\\nsaved the Government and abolished slavery, but were ready to\\nswear that all the late insurrectionary State Governments were\\nannulled and nothing but the territory and the freedmen remain-\\ned, and as their former fire eating opponents, whose presence here-\\ntofore had been their check, were vanquished and chained, and State\\nGovernments destroyed, and field for future operation left clear, their\\nexultation, lust of power and pelf, and hatred toward a fallen foe,\\nknew no bounds, and, under military protection and escort hastened\\nto explore the territories, look to their stock in trade, now become\\nfreedmen, and show them their love, and the scars received in their\\nbehalf. They at this time made little, if any, impression on the Gov-\\nernment or loyal people. But the great exhaustion and general", "height": "4160", "width": "2732", "jp2-path": "formationofstate00park_0_0382.jp2"}, "383": {"fulltext": "3C9\\ndesire for repose consequent on such a Struggle, and the doctors hav-\\ning become rested during the strife, have plied their vocation with\\nceaseless energy until they have driven things to the pass we hud\\nthem in now. They have beguiled strong men to their fanciful\\ndogmas of State annihilation, as they formerly did Clay and Web-\\nster Whigs and Jacksontan Democrats to their Abolition dogmas.\\nAnd why is it Because men love a crooked rather than straight\\npath, darkness rather than light\u00e2\u0080\u0094 illusion rather than truth Or is\\nit rather, the irresistible charm and promising prospects proffered\\nthrough the variegated political hobbies they get up, which allure\\nmen whose political aspirations run away with their heads and\\nconscience I ascribe it mainly to the Latter.\\nNow the people have got to dispose of these irrepressible doctors\\nof the higher law, before they can hope to have their respective\\ngovernments operated in accordance with their Constitutions, and\\npeace and prosperity restored to the Nation, They must either\\nvanquish and chain them as they have their old co-workers, the fire-\\neaters, or else unloose the latter and let them, like the Kilkenny\\nCats, destroy each other. The encounter could not be an uupleas-\\ning sight, 1 submit, to all patriots and honest men. It seems to me\\ncowardly and unwise in a great Nation, that has conquered such an\\ninsurrection and disarmed the insurgents, to fear to trust its pardoned\\nauthors in any relation a sound Stare policy might dictate, now that\\nslavery is removed.\\nThe authors of both extremes consigned to their proper places,\\nwith the abnormity of slavery which gave them birth, and was en\\ntailed on the Nation by the Mother Country, and the ten State Gov-\\nernments restored to their practical relations and harmonious co-\\noperations with the national system, with such amendments of the\\nNational Constitution as the wear and tear of the war and changes\\noccasioned thereby require may we not hope for a happy and pros\\nperous future But I submit that our written Constitutions, National\\nand State, in their true spirit and meaning, altered in the modes\\npointed out as occasion shall require, form the only star that can\\n-safely guide us on our way, and to them all should be made to rig-\\nidly adhere.\\nVery Respectfully,\\nG. P.\\nFebruary 13,\\n\\\\\\\\2", "height": "4160", "width": "2476", "jp2-path": "formationofstate00park_0_0383.jp2"}, "384": {"fulltext": "370\\n[No. i.]\\nTHE IMPEACHMENT OF THE PRESIDENT\u00e2\u0080\u0094 WHAT\\nIS IT FOR?\\nEditors Wheeling Register\\nThe question propounded addresses itself to us all with an empha-\\nsis that demands inquiry. When the agents we have placed in one\\nof the three great Departments of the National Government under\\ntake to trespass Upon and crush another of our agents, the President,\\nwhom we have appointed and placed in another of the great Depart-\\nments to perform other and distinct works for ais, with the oath of\\nGod upon him to the best of his ability to do it faithfully, according,\\nto the Constitution and laws made in accordance therewith no one- 1\\nof us r however humble, can stand indifferent. No matter who the*\\nassailed agent may be f if unjustly and unconstitutionally assailed it is\u00c2\u00bb\\nnot he alone that is to fall., but our National Constitution, and our\\nliberties are to fall with bim. The weapon they aim at his side has*\\nfirst to pierce the Constitution, and not ourselves and posterity only*\\nbut humanity, must share the wound.. Hence the transcendant im-\\nportance of the measure inaugurated by the lower House of Con-\\ngress against the President and for what For what the flatulent\\nand agonizing travail of the lower House on the 21st ult For what\\nthe solemn and imposing march of Tbaddeus Stevens and John A.\\nBingham up to the Senate\u00e2\u0080\u0094 and then down again For what the\\nmalicious and exultant gleam from the eyes of the sne ibe?s of that\\nbody when theiir announcement was made? For what the te\u00c2\u00bbder to\\nCongress of hundreds \u00c2\u00ae*f thousands of arr ed men wills tfoeir God\\nspeeds by Governor Oglesby and others\u00e2\u0080\u0094 including our own Legisla-\\nture a simultaneous concert of action, indicating unmistakably the\\nwidely extended., the perfectly organized as\u00c2\u00bbd prepared conspiracy, to\\nperpetuate power at all hazards\u00e2\u0080\u0094 that slumbers like a hidden mine\\nbeneath us another Golden Circle, only enlarged to* the bounds-\\nof our country and animated by the Northern instead of the Southern\\nbranch of the first originators of treason? Fof what ih rules of the\\nSenate, when sitting as a high Courl of Impeachment of twenty -five\\nSections, and many columns long And all this too by agents of\\nours, who at the close of the war, when Government and people were\\ngroaning under accumulated debt, voted themselves $5,000 instead-, of\\n#3,000 per session, averaging four or five months, exclusive of travel-", "height": "4152", "width": "2788", "jp2-path": "formationofstate00park_0_0384.jp2"}, "385": {"fulltext": "371\\nmg fees, whew not one in twenty of them can earn the lesser amount\\nm the same time anywhere else.\\nNow such of us as are not skilled in the higher law arts would\\nnaturally suppose that all this parade, circumstance and dramatic\\npreparation either denoted that something awful had taken place, or\\nelse betokened that something of that sort was to take place. What\\ntheir future action will be no uninitiated man will undertake to\\npredict But we do know that all the President has done is to order\\nMir. Stanton, whom he had heretofore permitted to act as Secretary\\nof War, on sufferance merely, (for he iaad never appointed him,) that\\nhis services were no longer needed, and ordered Adjutant General\\nThomas to take charge of the office until a Secretary could be regu-\\nlarly appointed. That k all. That the National Constitution gives\\nDur Chief Executive Officer this right no legal or common sense\\nmind has ever doubted. The Doctors of the higher law and their\\ndisciples stand alone in its denial. The fraraers of the Constitution\\nvested in the President the Executive Power of the Government\\nthey were framing, which embraced all powers then understood to be\\nincluded in that terra, and not by them in express tenuis excluded.\\nThe absolute power of the Chief Executive to remove Cabinet offi-\\ncers at pleasure was then embraced in the term Executive Power,\\nand there is not a word in the Constitution abridging it in this re-\\nspect. So the first Congress, embracing many of the makers of the\\nConstitution, decided, after careful deliberation,, in 1789, and the\\nNation and all her great men since., without a dissenting voice, ex-\\ncepting the doctors of the higher law and their disciples of our\\nday. These by virtue of their transcendental art claim to get\\naround it in this way, that whenever Congress by a two-third vote\\npasses a bill over the President s veto, whatever be his reasons for\\nthat veto, the same becomes a valid law, so far as the President is\\nconcerned, and he is bound whatever be his own conscientious con-\\nvictions as to its constitutionality, to see it carried into execution,\\nand in all things to obey it, au-d if he fails m any particular he is\\nsubject to impeachment, conviction and removal. It would follow\\nthen as a necessary consequence, that if Congress should pass a law\\nabolishing the entire Executive and Judicial Departments of our\\nGovernment and send it to the President, who should veto and return\\nit, giving as his reasons that both his and the Judiciary Departments\\n\u00e2\u0080\u00a2were co-ordinate and independent branches of the Government, so\\n*\u00c2\u00bbade and established by the Constitution, and that Congress, which", "height": "4160", "width": "2476", "jp2-path": "formationofstate00park_0_0385.jp2"}, "386": {"fulltext": "372\\ncould only act in subordination to that Constitution, had no power\\nover them, and still Congress passes it over his veto by a two thirds\\nvote, it thereby becomes, as they say, a law, which the President,\\nalthough thereby abolished, is bound to execute and obey by virtue\\nof the clause in the Constitution, that he shall take care that the\\nlaws be faithfully executed, and bound to do it too until the Federal\\nCourt shall pronounce it void. But as the Federal Court is also\\nabolished by the same act, I suppose they mean the defunct Presi-\\ndent is to keep on executing. A pretty fix to place the President s\\noath-bound conscience in. I mentioned this necessary consequence\\nthat must follow to some of the disciples who seemed to doubt the\\npower to do so much at once, but contended it could be done grad-\\nually, by piecemeal, and not violate the Constitution any to hurt I\\nWhen the President shall veto a bill solely on the ground that he be-\\nlieves it inexpedie?it, and it is passed by a two-thirds vote, it should,\\nperhaps, with propriety, be taken to be a valid law which he is bound\\nto execute. But when he vetoes a bill because he conscientiously be-\\nlieves it conflicts with the Constitution, which he has sworn to pre-\\nserve, protect and defend, a two-thirds vote of Congress can neither\\njustify nor oblige him to commit legal and moral perjury by carrying\\nit into execution, or obeying it for the Constitution is in that case,\\nto the President s conscience at least, the only existing law that he is\\nto see executed, or to obey and the conflicting act of Congress is a\\nnullity at all events until the Supreme Court oi the Nation shall\\nhave declared otherwise and then it must clearly appear that he\\nacted corruptly before he can be impeached. If President Johnson\\nbe impeachable for what he has done, then all former Presidents,\\nfrom Washington down, were equally so, for they all did, or claimed\\na Constitutional right to do, the same things.\\nI observe the tenth article of the impeachment is based solely on\\nthe following casual remarks of the President to General Emory,\\nwhile inquiring as to his command. Upon the General s calling his\\nattention to section second of the Army Appropriation Law passed\\nMarch 2d, 1867, which the General thought the President must have\\noverlooked when he approved the bill, as the section restricted, and\\nunconstitutionally so too it would seem, the President and his Secre-\\ntary of War issuing any orders except through General Grant or\\nthe next in command in his absence, and made it highly penal for\\nthe President or other giver, as well as the receiver, for any disobed-\\nience thereof upon reading the section at the request of the Gen T", "height": "4156", "width": "2772", "jp2-path": "formationofstate00park_0_0386.jp2"}, "387": {"fulltext": "373\\neral, he remarked Am I understand that the President of the\\nUnited States can issue no order except through General Grant or\\nthe Commanding General This is not in accordance with the\\nConstitution of the United States, which makes me Commander-in-\\nChief of the Army and Navy or the commission you hold all of\\nwhich was doubtless true, and he might have added, the General s\\noath of office also and yet these casual remarks of the President\\nare made a distinct ground for his impeachment. If the President is\\nimpeachable at all is it not for his having submitted as far as he has\\nto the unwarranted and unconstitutional aggressions of Congress up-\\non the clearly defined prerogatives of his office\\nVery Respectfully,\\nG. P.\\nMarch 4, 1868.\\n[No. 2.]\\nTHE IMPEACHMENT SO FAR\u00e2\u0080\u0094WHAT HAS IT PROVED?\\nEditors IV heeling Register:\\nThe evidence has been closed. The Senate which is claimed to\\nbe a law unto itself, which implies absolutism or unlimited power,\\nhas admitted everything that years of preparation and all the power\\nand money Congress possesses, could manufacture or scrape togeth-\\ner, against the accused, and arbitrarily excluded the most pertinent\\nevidence offered in his defence. And still sufficient light has been\\nlet in to dispel the fog and fumes with which they at first enveloped\\nthe case, and what do we see now upon the stage First and fore-\\nmost we see the accused, sitting grand and calm, though it may be\\nupon his coffin lid, for the doctors of the higher law in their utter\\ndesperation still encompass him with his legal advisers, who have\\nproved themselves in all respects worthy their client and his cause\\nwhile from the prosecuting side, we have seen and now see, what\\nA conspiracy, a persecution, which for wickedness, meanness and\\nfolly has no parallel in the annals of the world and how worthily\\nhave the managers represented their side of the scene, well befitting\\nthe final exit and extinction of the Northern branch of the getters-up\\nof the late rebellion.\\nBut what honest heart in the nation in view of the scene, does not\\nswell with sympathy, admiration and gratitude towards the accused\\nThe sole architect of his own fortune rising from poverty and ob-", "height": "4160", "width": "2476", "jp2-path": "formationofstate00park_0_0387.jp2"}, "388": {"fulltext": "374\\nscurity through the voluntary suffrage of a free people to the highest\\noffice in their gift and at no time or step in this ascent have the\\npeople permitted him to be defeated. How extraordinary this fact,\\nand how conclusive the evidence it furnishes, that under his rough\\nexterior, and though wanting in some of the graces and accomplish-\\nments which so often cover modern degeneracy Andrew Johnson\\npossesses an honest heart, a brave spirit and a sound head, worthy\\nhis great patron, General Jackson, whose precept and example early\\ntaught him to be true, amidst all trials, to conscience, his country\\nand God, who always takes care of the consequences. Hence we\\nsaw him in 1861 on the floor of the Senate, when his present perse-\\ncutors and judges were dumb and overwhelmed with fear, rising in\\nthe very face of treason, with that heroic courage and moral grand-\\neur which astonished and electrified the nation. As it was with his\\ngreat patron, so he is being made the object of unmerited and fiend-\\nish persecution by those whose selfish, unwise and impracticable\\nschemes he opposes. The fame and character of his great master\\nare now safe, and whatever may be the decision or action of the\\nPresident s present persecutors and judges, the name of Andrew\\nJohnson will be remembered and honored by a just and grateful\\npeople when they will have been forgotten, or remembered only for\\ntheir unparalleled wickedness, meanness and folly.\\nThis is the Impeachment which the very loil members of our\\nLegislature last winter by joint resolution urged Congress to under-\\ntake, and came so near instructing our Senators while sitting as\\nJudges to sustain, regardless, of course, of their oaths and the evi-\\ndence that should be adduced and in the ardor of their loilty ten-\\ndered to Congress the military power of the State, while at that very\\ntime the protection and defence of loilty at home, required, as they\\npretended, the presence and co operation of Federal soldiers sent a\\nshort time before by General Grant at the earnest request of our\\nvery loil Governor. So stands this branch of the bastard loyalty\\nof the country with its higher law inrlatus, which now assumes to\\ntrample under foot our Constitutions, both National and State.\\nVery Respectfully,\\nG. P.\\nMay 4, 1868.", "height": "4160", "width": "2744", "jp2-path": "formationofstate00park_0_0388.jp2"}, "389": {"fulltext": "[No. V,\\nHOW THE DOCTORS OF THE HIGHER LAW ADMINIS-\\nTER JUDICIAL POWER\u00e2\u0080\u0094 ITS DEMORALIZING EFFECT\\nUPON THE COUNTRY.\\nEditors Wheeling Register\\nThe freedom from all restraint, whether by the Constitution or\\notherwise, with which the present Congress legislates and enacts what\\nit calls laws, bas ceased to excite surprise whereas the present im-\\npeachment trial is the first exhibition we have bad of their mode of\\nexercising judicial functions\u00e2\u0080\u0094performing the duties of a Court, and\\nthat the highest judicial tribunal known to the law\u00e2\u0080\u0094 the Senate, sit-\\nting as a High Court of Impeachment, presided over by the Chief\\nJustice, to try the Chief Executive- Magistrate of the Nation. That\\nthe Senate, when acting in this capacity? is such a Court, the Consti-\\ntution, the uniform practice heretofore under it, and ihe oath required\\nof each member to decide ihe issues before him according to the law\\nand the e7. idence, ,f abundantly prove. Because the people have con-\\nfined its jurisdiction to the trial and punishment of their other agents,\\nengaged in the different departments when charged by the lower\\nHouse with having committed grave offences while in office, makes it\\nno less a Court, a judicial tribunal, and subject to the rules of judicial\\nprocedure -no less so than the Supreme Court of the United States,\\nwhich the same people have established to hear and determine other\\nmatters in dispute. It performs what judges and juries combined\\nperform in the trial of criminal cases in our ordinary Courts, and its\\nduties rise in importance and responsibility according to the magni-\\ntude of the issue and station of the accused. We can readily con-\\nceive therefore the demoralizing or beneficial influences its conduct\\nmust have upon all inferior judicial tribunals throughout the country.\\nIts example must be potent, either for good, or for evil.\\nWe have been educated to regard our Courts of whatever grade as\\ntemples of justice wherein the Goddess sits blindfolded, that she\\nshall not be influenced by the characters of the parties, or other ac-\\ncompanying circumstances, but decide only from the law and, the evi-\\ndence. Nothing, the Altar and Temple of God excepted, have our\\npeople been taught to approach with so profound respect and- rever-\\nence as our Courts of Justice. Who dares to approach or tamper\\nwith a Judge or jury, while they have in charge an indictment for a\\ncriminal offence, though against the humblest and vilest individual I", "height": "4160", "width": "2468", "jp2-path": "formationofstate00park_0_0389.jp2"}, "390": {"fulltext": "370\\nAnd where is the Judge or juryman that dares to be approached of\\ntampered with? The popular abhorrence of such conduct has,\\nthrough the law of every State, denounced the severest penalties on\\nhim who tampers, and on him who suffers himself to be tampered\\nwith. Nor is any person who has formed or expressed an opinion in\\nrespect to the guilt or innocence of the party about to be tried, al-\\nlowed by the law of any of the States, to sit as Judge or juryman on\\nthe trial. Such has been the practice under the Constitution and\\nlaws since the Government was formed, at least among all who do\\nnot belong to the higher law school.\\n.But what do we see in this High Court of Impeachment, which\\nihas been inaugurated and conducted on the Higher Law plan by\\nthe doctors and their disciples Why, some two years ago, the fry-\\ners, Judges and jurymen, as members of a co ordinate branch of the\\nGovernment, publicly denounced the accused as a traitor a Judas\\nJscariot a tyrant, c, and have continued to heap obloquy of eve-\\nry description upon him since and on the 21st of February last, by\\nsolemn resolution, publicly declared that he was guilty of the very\\noffence now charged against him, and which in the capacity of judges\\nand jury they now set to hear and determine And their disciples\\nfrom every part of the country echoed back impeach him and ten-\\ndered hundreds of thousands of armed men to back Congress in\\ndoing it. Nor were those of our little State behind, in will at least,\\nthough we might well doubt their ability, as they had just called in\\nbands of Federal soldiers to guard their exceedingly great loyalty\\nat home from rebel attack. But, nevertheless, by solemn resolution\\nof the Legislature, they did tender all the military power of the\\nState though as empty a tender as the personage we read of made\\neighteen centuries ago.\\nHow does this agree with our notions of a fair and impartial judi-\\ncial trial under the Constitution and established rules of law, which\\nhave been handed down to us from our fathers Would not such\\npreviously expressed opinion of the guilt of the accused disqualify\\nBut then we must remember, their ways are above our ways, and\\ntheir thoughts above our thoughts, and this may account for what\\nlooks so strange to us.\\nBut what further strange things do we see, saying nothing of their\\nunprecedented decisions excluding and admitting evidence during\\nthe trial We see the Higher Law members of this Court of Im-", "height": "4156", "width": "2732", "jp2-path": "formationofstate00park_0_0390.jp2"}, "391": {"fulltext": "377\\npeachment, since committed to their deliberation, encompassed\\nand embraced by the whole loil, once happy, but now terribly\\nfrightened family rushing to Washington from every quarter, and\\ncrying, Crucify him Crucify him and others Save us Cassius or\\nwe sink I and so also shrieks the entire Press of the Higher Law\\npersuasion, and even the faithful of the lower House, who acted as\\nthe Grand Jury to impeach, now join in this stupendous outcry. The\\ntrouble has been, I am inclined to think, that in this High Court of\\nImpeachment Case, to which they were unaccustomed, the Higher\\nLaw innatus carried them to an altitude, where their heads began to\\nswim and some begin to show a disposition to get down others, to\\nhave a faint remembrance that they had taken an oath to decide, accord-\\ning to the law and the evidence. These are set upon and badgered in\\nall sorts of ways, some shaking clenched fists in their faces, some\\nthreatening to take their offices from them, others pointing to the\\npast and reminding rhem how many times before the trial com-\\nmenced, they had publicly proclaimed the guilt of the accused, and\\ndenouncing eternal disgrace and infamy on them and their posterity,\\nif they should suffer either conscience or the evidence adduced at the\\ntrial, to stop or change their course now, when the life of the party is\\nat stake.\\nThis is a faint outline of what was going on at Washington otl\\nTuesday, and is it any wonder the High Court of Impeachment, thus\\nencompassed and distracted, should adjourn till Saturday to take\\nbreath, make new imprecations to the heavenly bodies, especially\\nthe moon, their tutelar deity, if for no worse purpose. What embra-\\ncery there will be in the intermediate time Suppose a similar mob\\nshould gather around our Circuit Court Judge and jury while delib-\\nerating on an ordinary criminal case what should we old fashioned\\nfolks think of this mode of procuring a verdict?\\nThis is the first criminal trial conducted wholly on the Higher\\nLaw plan, that has occurred in the country. May we not hope it\\nwill be the last? But the inquiry naturally arises what great object\\nis sought to be accomplished by this unprecedented and extraordin-\\nary conduct The only answer that can be given is that the doc-\\ntors and their disciples hope thereby in some way to perpetuate their\\npower, and restore peace, happiness and prosperity to the South and\\nnation, by forcing at the point of the bayonet the intelligent and en-\\nlightened white race of the South to swear before high Heaven that\\nthey accept the civil and political equality of all men, including the\\nX2", "height": "4160", "width": "2472", "jp2-path": "formationofstate00park_0_0391.jp2"}, "392": {"fulltext": "378\\nrecently emancipated slaves, denouncing the severest penalties if\\nthey should not conscientiously believe what they so swear to, and\\nthat they will never say or do anything contrary thereto during their\\nlives. Such are the terms of the new condition on which the\\nwhites of the South are to be re-admitted to participate in the Gov-\\nernment True, to our vision there may be no logical sequence or\\nconnection in all this still may we not regard thera as the manifesta-\\ntions of higher agencies, which we fail to appreciate, because we do\\nnot comprehend In a few days we may expects to- see them attach\\ntheir ear, freighted with all these ^Siighei Law wonders, to General\\nGrant, whom they long, since made Commander in-Chief of the Ar-\\nmy.. So let us prepare to witless mother exhibition of the Higher\\nLaw woiaders at Chicago.\\nVery Respectfully\\nG. P.\\nMay iS, e86\\n[Mo, 4 J\\nANOTHER ACT IN THE GRAND DRAMA, ANI PROBA-\\nBLY THE LAST THE PRESIDENT ACQUITTED.\\nEditors Wheeling Register:-\\nSo we see the High Court of I impeachment, after having beers\\nbadgered, embraced and squeezed as no mortals ever were before\\nconvened again on Saturday, at twelve. The faithful of the lower\\nHouse failing, to appear with the promptness they were wont to do\\nin the earlier stages, were sent for, and with slow funereal step soon\\nmade their appearance- General. Grant had given out word that he\\nshould decline to lead the- grotesque and fantastic party in the coming\\ncampaign r unless they impeached Andrew Johnson and got him out\\nof the way. This greatly heightened their anxiety and fears. The\\nscene of Haaban and Mordecai, and* the gallows too, rose up be-\\nfore them.. But m the Higher Law, r so fruitful of expedients, they\\nsoon found a way, with scriptural authority, the last shall be first,,\\nand the first last, to justify, and so determined to have the last arti-\\ncle put first, though, contrary to- their previously established order\\nthat the articles should be put and voted on, in the order they\\nstood in the bill of Impeachment, and according to uniform practice.\\nBut as the. Eleventh and last contained all that was material in the", "height": "4152", "width": "2752", "jp2-path": "formationofstate00park_0_0392.jp2"}, "393": {"fulltext": "379\\nprevious articles, and also the additional matter, without which Mr.\\nStevens had assured them any County Court lawyer could upset the\\ncase they resolved to try this first and in case of failure to beat a\\nretreat under cover of the smoke as best they could. The Eleventh\\narticle was put, and on this the President was acquitted, notwith-\\nstanding Mr. Wade, who was to become President in case of convic-\\ntion, v\u00c2\u00bbted guilty. A Nation s thanks and gratitude to the heroic\\nnineteen, who, in defiance of such unparalleled presure and ap-\\npliance, dared to be true to the Constitution, their oath and their (rod.\\nBut how to retreat and still secure General Grant for their leader\\nthat was the question with the faithful. One moved to adjourn be-\\nfore the result of the vote was declared, but on reflection that the\\npublic was already in possession of the vote, they concluded to let\\nthe Chief Justice declare it, which he did. It was then moved that\\nthey adjourn to the .26th inst, It was objected that the order pre-\\nviously passed required that the vote should be then taken on the\\nother articles, and the Chief Justice sustained the objection but the\\nfaithful took an appeal, overruled the Chief Justice, and adjourned\\ntill the 26th inst whereupon the House, accompanied by the Mana-\\ngers, paced back to their quarters at the tune of the rogue s or dead\\nman s march which of the two the telegram omitted to name and\\nthen its Chairman, the redoubtable Washburne, reported progress!\\nSoon after the faithful of both Houses adjourned to Chicago, where\\nthe whole distressed family is expected to be gathered, and General\\nGrant is expected to consent to become .their standard bearer, up-\\non all the faithful declaring, by solemn adjuration, that the President\\nshall hereafter be convicted on some of the ten remaining articles.\\nSo they have got more wonders in store for us.\\nSo we see the way this High Court of Impeachment makes its de-\\ncisions is no less strange and wonderful than other parts of its pro-\\nceedings. This is indeed a day of wonders for a plain Republican\\npeople who are the sovereigns, and who pay the getters up $5,000\\napiece for three or four months time, with traveling fees and incident-\\nals, which amount to at least as much more, besides paying the im-\\nmense cost of the show..\\nOne fact has been disclosed which has for some time been suspect-\\ned to exist That the Methodist Episcopal Church North is in secret\\nleague with the whole proceedings, and that its share in the spoils is\\nto be the establishment of its Church throughout the Southern States", "height": "4160", "width": "2468", "jp2-path": "formationofstate00park_0_0393.jp2"}, "394": {"fulltext": "380\\nhi connection with the bogus political reconstruction, at the same\\ntime, and by means of the same bayonets, and when accomplished, is\\nto be recognized as the established Church of the nation. To be\\nsatisfied of this, one has only to read the proceedings of the General\\nConference at Chicago, the 14th inst., and the use made of them by\\nthe Radical press throughout the country, including Apostle Gree-\\nley s, and Dead Duck Forney s. That Conference is represented\\nto contain nine Bishops and two hundred and forty-two delegates,\\nand with a view to impress the country with their importance, they\\nclaim to represent 1,100,000 American citizens, and to collect and\\nibute annually to various connectional and local objects,\\n$8,311,662 15 unanimously resolved in substance as follows: That,\\nwhereas, the impeachment case is pending, and the pleadings and\\nevidence having been laid before the people, and being deeply im-\\npressed that upon its rightful decision will largely depend the safety\\nand prosperity of the Nation, as well as the religious privileges of\\nour Ministers and members in many parts of the South, and whereas\\npainful rumors are in circulation that partly by unworthy jealousies\\nand partly by corrupt influences by money and otherwise most ac-\\ntively employed, efforts are being made to influence Senators improp-\\nerly, and to prevent them from performing their high duty, and\\ntherefore the Conference appoints an hour from nine to ten on the\\n15th inst. to pray, for the High Court of Impeachment 1 At the same\\ntime the irrepressible negroes assembled in Washington in Methodist\\nEpiscopal Conference, echo the sentiments of the Chicago Confer-\\nence, without its guise and hypocrisy, but in plain English, convict\\nAndy Johnson.\\nNotwithstanding the studied effort by the Chicago Conference to\\nconceal their partisan purpose, and at the same time throw their\\nwhole weight and influence for the conviction of the President, their\\npurpose is sufficiently apparent; and if there was any doubt on the\\nface of their proceedings, the immediate and pointed use made of\\nthem by their confederates, the Radical press of the country,\\nwithout any attempt at correction or explanation on the part of the\\nauthors, confirms it. It is another exhibition, though on a far greater\\nscale, of the all-grasping sectarian power, that recently by like false\\nand hypocritical pretences, diverted the money given for the purpose\\nof instructing our young farmers and mechanics in a knowledge of\\nAgriculture and the Mechanic Arts, to the support of a Methodist", "height": "4160", "width": "2744", "jp2-path": "formationofstate00park_0_0394.jp2"}, "395": {"fulltext": "381\\nEpiscopal instrumentality in our own State so, also, with our Nor-\\nmal Schools, c.\\nIt is painful that a set of Christian men, as they profess to be, who\\nclaim to represent 1,100,000 Christian people, and who contrive to\\ndraw from the people s pockets $8,000,000 or $9,000,000 a year, to\\nbe expended in ways few of the contributors know anything about,,\\nshould be so ignorant or regardless of the solemn duty of every oath-\\nbound Judge or juryman to decide according to the law and evidence\\nin the case, as he conscientiously understands and believes, and not\\nas others, moved by personal interest or partisan prejudices, who are\\nnot under oath, nor have heard the evidence shall dictate though\\nthey may be as important personages as the members of that Confer-\\nence claim and are represented to be. The means employed to con-\\nvey their sentiments and impress their influence upon the Court,\\nmust greatly aggravate instead of mitigating their great offence, in\\nthe judgment of honest men at least. I think the community may\\nwell doubt the propriety of intrusting the application of $8,000,000\\nto $9,000,000 annually, to men of their consciences and sense of\\nright and just propriety. However prepared they may be to render\\nCesar the things which are God s, and to unite Church and State,\\nthey will find, I submit, the people of this country not so far advanced\\nas themselves. The old Methodist ship seems to have gotten\\ninto as bad hands as our ship of State so far as Congress manages,\\nI mean.\\nThe Republican members who dared to obey the behests of the\\nConstitution and their own consciences rather than the behests of\\nthis cabal, are denounced as traitors and as having sold themselves\\nfor money The mind and heart which, in view of the evidence of\\nthe case, are capable of ascribing no higher motive for the action of\\nFessenden, Trumbull, Henderson, Grimes, Van Winkle, Fowler\\nand Ross will find but few to envy them. These are denounced as\\nfar more guilty than Mr. Johnson, against whom the faithful have\\nbeen thundering for the last two years, and to punish whom have got\\nup the stupendous drama which we have witnessed at an expense\\nwhich we have all got to feel, and now they confess that the guilt of\\nthese Republican members, as measured by their standard of right,\\nis far greater than Mr. Johnson s.\\nThe facts, I submit, show the party corrupt and debauched beyond", "height": "4160", "width": "2464", "jp2-path": "formationofstate00park_0_0395.jp2"}, "396": {"fulltext": "382\\na parallel, and the facts disclosed ought to awaken every true patriot\\nand Christian in the land, of whatever party or religious sect, to con-\\nsider and weigh them well, and profit by the lesson they teach. To\\nbe forewarned is to be forearmed.\\nVery Respectfully,\\nG. P.\\nMay 21, 1868.\\nTHE CHICAGO PLATFORM AND ITS CANDIDATES.\\nEditors Wheeling Register;\\nThe present deplorable condition of the country, in its organic,\\npecuniary, moral and religious aspects, demands a candid and careful\\nanalysis of any measures of relief which are proposed. The gravity\\nof the subject, the present and future of this great nation, will justify\\nno other. What is really promised, and the degree of faith honest\\nmen can really put in the promises, are the vital questions now. In\\norder to interpret aright the present doings and promises of the party\\nin power, we should bear in mind that the authors are the party that\\nhas exercised unlimited control of the Government during the last\\nthree years ever since the war ceased. What then have they really\\npromised which, in view of their past conduct, should command our\\nconfidence\\nThe first and second sections of their platform justify, with exulta-\\ntion, the annihilation by Congress of ten State Governments, which\\nwere at the close of the war in full existence, and which Presidents\\nLincoln and Johnson had restored to their practical relation with\\nthe Nation in all things except the admission of Representatives and\\nSenators to Congress also the present structures now being erected\\nby Congress through military power in their stead, and in which they\\nplace the making of the laws and the administration of the State\\nGovernments in the hands of recently emancipated slaves and ignor-\\nant and propertyless whites less competent than the negro to the\\nexclusion of the intelligent, the enlightened and the property-owning\\nnatives of the ten States these to be made the slaves and victims of", "height": "4160", "width": "2792", "jp2-path": "formationofstate00park_0_0396.jp2"}, "397": {"fulltext": "this mass of ignorance and vice, which is now and is to be moulded\\nand managed by carpet-bag adventurers from the Old Free States,\\nwhile under the protection of Federal bayonets, and at a cost and\\nsacrifice to the Nation of $300,000,000 annually. They have the\\nbrazen impudence to then affirm to the common sense and conscience\\nof the Nation that this state of things must be continued and upheld\\nor anarchy will ensue Safety, gratitude- and justice they say\\ndemand this When two years ago this same party proposed a Con-\\nstitutional amendment known as Article 14th, they referred it for rati-\\nfication to the Legislatures of the States, including the ten,\\nwhich they claim now are annihilated, and this amendment if it had\\nbeen adopted would have left the law-making and administrative\\npower of these States, so far as voting was concerned, in the hands\\nof the then holders, and have left the entire negro population, every\\none of them, disfranchised, without hope of ever acquiring the right\\nto vote except through the voluntary concession of their former\\nmasters.\\nWhere then was the safety, the gratitude and the justice towards\\nthe blacks, which they now put forth with so much flourish, to justify\\ntheir present political monstrosities The party then aimed to per-\\npetuate its power by restricting the representation of these ten States\\nand the safety, gratitude and justice for the blacks was not inclu-\\nded, and so not mentioned, or probably thought of, by the Christian\\nphilanthropists. But when the amendment failed, then the pro-\\ngramme was entirely changed, and safety, gratitude and justice\\ntowards the blacks, the stone theretofore rejected, was made the\\nhead of the corner. Besides, the fourteenth Article proposed, as-\\nsumes to change and break up the very foundation on which the\\nmakers placed the National Government, viz that all free inhabi-\\ntants (except Indians not taxed) were included in the basis of Na-\\ntional representation and were therefore represented in all the de-\\npartments of that Government, whether they were voters or not, and\\neach of course had the right to call on his Representative and Gov-\\nernment for protection, which they were bound to give. But the\\nproposed amendment clothes each State with the power to throw any\\nUnited States citizens residing within its limits, out of this National\\nrepresentation, simply by denying or abridging the right of any to\\nvote, and of course denationalizing and expatriating them with their\\nfamilies and dependants, by taking from them all part and lot in the\\nGovernment, except what any foreigner may have. Suppose the", "height": "4160", "width": "2472", "jp2-path": "formationofstate00park_0_0397.jp2"}, "398": {"fulltext": "384\\npeople of any State, as it may do, if the amendment be adopted\u00e2\u0080\u0094\\nwithdraw, withhold, or abridge by imposing a property or intelligence\\nqualification, the right of suffrage, as to all males of twenty-one years\\nof age of Irish, German, African or other descent, not only each\\nmale, but all their families and dependants, go out of the National\\nbasis of representation, cease to be represented, and as a consequence\\nlose all right to claim protection and what are they then practically\\nbut foreigners I submit that no person not within the basis of repre-\\nsentation can form any part of the constituency either of the Presi-\\ndent of the United States or of a Representative in Congress, nor\\ncan the latter be said with any propriety to represent the former. In\\ncase of the adoption of this amendment then, will not the colored\\npeople of the Old Free States, to whom suffrage is denied, abridged\\nor qualified as well as the white population, whose right is abridged\\nor qualified by requiring a property or intelligence qualification, all be\\nthrown out of the National basis of representation, cease to be rep-\\nresented and lose the right to claim its protection It strikes me\\nthis consequence must follow, and if so the present plan of recon-\\nstruction will be likely to eject from the Government as many or\\nmore than it brings in and eject the intelligent and tax-paying, and\\nbring in benighted paupers this would leave a poor chance for ele-\\nvating and improving the voters of the Nation.\\nThis is the amendment which the ten States declined to ratify, and\\nin punishment therefor Congress has assumed to annihilate their\\nState Governments and to erect the things they are trying to estab-\\nlish by military force, with Grant as the Generalissimo they having\\ndisplaced the President, the Constitutional Commander. And this is\\nthe State of things now congratulated and with brazen impudence it\\nis proclaimed to the common sense and conscience of the Nation\\nthat ruin and anarchy will ensue if anybody attempts to change\\nor arrest their course.\\nThe only other points worth noticing in their long non-committal\\nrigmarole, running through twelve Sections, with the outside nets\\nof Doctor Schurz hung on the outside are the 3d, 4th, 5th, 6th,\\n7th and 8th Sections, relating to the finance. Here they neither fly\\nnor light, but hover like other birds of prey, watching for. what they\\ncan catch. The substance and pith of all these is simply this:\\nThat they denounce repudiation in any form -pray, who don t r\\nThey say the public indebtedness ought to be paid according to", "height": "4160", "width": "2740", "jp2-path": "formationofstate00park_0_0398.jp2"}, "399": {"fulltext": "385\\nthe letter and spirit of the laws under which it was contracted\\nWho has ever said otherwise and the people would make this ad-\\ndition also in accordance with the judicial construction our Courts\\nshall give to the written evidences of the indebtedness which the\\nGovernment has signed and issued. Do the Doctors object to this\\nW bile J. Cooke and his co-fleecers do, all honest men do not, nor\\ncan they. In the 4th they say it is due to labor to equalize taxation\\nand reduce the same as fast as the National faith will allow. They\\nmean as fast as the wild, crazy schemes of their party, like Recon-\\nstruction at a cost and sacrifice of three hundred millions annually,\\nand Impeachment at a cost of $200,000 already with loss of two or\\nthree months time, will allow. This is what they mean, no more\\nnor less. If as they say there is due to labor an equalization and\\nreduction of taxation, why on earth has not the party made it during\\nthe last three years, during which time it has had supreme control\\nof the legislation of the Nation In the fifth they say, the debt\\nshould be spread over a long future period with reduced interest.\\nThis is catering to the plan proposed by Senator Sherman, which\\nproposes to pay twice the amount of the debt in interest, and then\\nleave the debt itself for our children to pay. But how are they\\ngoing to get the interest reduced below what is written in the bond,\\nunless by repudiation to that extent In the sixth they affirm that\\nthe true policy for the Government is to brighten up its credit, so it\\ncan easily borrow more money. This doubtless would best accom-\\nmodate their extravagance, as they appear to be a little cramped at\\npresent. But how borrowing more money is to get the Government\\nout of debt, I think the Doctors only can tell. In the seventh, they\\nsay the Government should be administered with the strictest econ-\\nomy, and without such corruption as Andrew Johnson practices.\\nWith this single amendment, by striking out the words Andrew\\nJohnson and inserting Congress with its fancifui schemes of recon-\\nstruction, impeachment, *xx., and I venture to say the whole Nation,\\nexcept the loir portion, will say Amen. But why, I would ask,\\nhas not this party, while it has had unlimited control for the last\\nthree years, been at this work of retrenchment and economy before\\nnow Do they expect, with their present record, that honest people\\nwill agree to extend their lease of power for four years more upon\\nsuch a promise What a party has done, and not what it now prom-\\nises, is the guarantee required for what is to be its future action.\\nTheir attack on President Johnson is merely a repetition oi the vile\\nYa", "height": "4160", "width": "2476", "jp2-path": "formationofstate00park_0_0399.jp2"}, "400": {"fulltext": "386\\nslanders they have filled the air with for the last two or three years,,\\nonly uttered with the emphasis and condensed venom which their\\nrecent defeat inspired. They affirm he is convicted, when their Court\\nthrough its presiding officer has pronounced him acquitted, The\\nremaining sections only announce facts and sentiments which nobody\\nthinks of disputing, except honest men think it. would be wrong to\\nentice foreigners here to become naturalized, and then to place it ir*\\nthe power of any State to expatriate them with their families and\\ndependants at pleasure, by throwing them out of the National basis*\\nof representation.\\nThe addendum offered by Doctor Schurz proclaims to all ex-\\nRebels that the only way back into the sheepfold is to make confes-\\nsion under oath, that the benighted African- and clay-eating whites-\\nare their civil and political equals, and that they will never say nor\\ndo anything contrary thereto as long as they live; and that they be-\\nlieve the present mode of reconstruction to be the perfect thing, and\\naccept the pains and penalties of perjury in case they do not con-\\nscientiously believe all they swear to! This together with the Decla-\\nration of Independence was excluded from the platform, but both-\\nwere by unanimous vote ordered to be placed as fly-nets to the out-\\nside, to catch scattering gudgeons a d fools. By tbis way, and this-\\nway only, they say om once erring but now repentant fellow-citizens\\na term that should imply a knowledge of their duties, with will.,- courage\\nand intelligence to rightly perform them\u00e2\u0080\u0094 may return to the Gov-\\nernment What say the high souled men of the Old Free States that\\nhave persistently denied the right of suffrage to the few scattering;\\nblacks among them\u00e2\u0080\u0094 is the way proposed for the retu?n of their kith\\nand kin T in the South,, just and right\\nThis is the sum and substance of what the present party proposes,*\\nand upon which they ask to be continued in power lor four years\\nmore. I submit they propose to do nothing of advantage, which they\\nhave not possessed the amplest power of doing, during the last two\\nyears, but. have wholly failed to perform;, while the evil they propose\\nto continue, if permitted- for four years more, will become past\\nremedy.\\nThe party, conscious of its own weakness, has selected a candidate\\nby whose popular wing they hope to be sustained and continued in\\npower. General Grant, though he possesses the wings of an eagle,\\nwill find himself in the predicament of that bird of the stoim that alter", "height": "4152", "width": "2724", "jp2-path": "formationofstate00park_0_0400.jp2"}, "401": {"fulltext": "387\\ncarrying away In triumph several lambs of the flock, fastened his\\ntalons to the carcass of the old ram, which, on trial, he found he could\\nnot lift, nor could he disentangle or unloose his talons so as to escape,\\nand both rotted there together. Let us ?iet be deceived.\\nThe party and the platform are to swallow, digest and assimilate\\nGeneral Grant, and not General Grant, them if he refuses to be\\nso swallowed, digested and assimilated, the party will spew him out,\\nas we have notable instances of. So when we analyze the party and\\ndetermine its constituent elements, we know, with mathematical cer-\\ntainty, what the General is to become\u00e2\u0080\u0094 whatever he be now unless\\nhe shall elect to be spewed out; and then he becomes a President\\nwithout a party a wanentity.\\nSchuyler Cglfax is the representative of the Methodist Episcopal\\nChurch North, which has a very large interest in the fanciful recon-\\nstruction enterprise, as well as all others connected with the party.\\nThose who have observed the partisan manner in which he often dis-\\ncharges the duties of his present high office, can readily guage the\\nanan.\\nVery Respectfully,\\nG. P.\\nMay 27,\\nTHE CRISIS WHAT SHOULD HONEST MEN DO TO SAVE\\nTHE COUNTRY\\nJEditors Wheeling Register\\nIt is already manifest that the present party in power is beginning\\nto fall to pieces from its own rottenness and folly. Its attempt to\\nimpeach the President, whatever may be the result, must finish the\\nparty if the opposition act wisely. The recent statement in the\\nRichmond press of the settled course to be pursued by our friends\\nin the South -than whom I don t believe any in the country are at\\npresent more loyal to the good old Institutions of our Fathers, if\\nfairly treated looks well. Like the prodigal son they have wander-\\ned, lost their substance, fed upon the husks, and returned fully pre-", "height": "4160", "width": "2516", "jp2-path": "formationofstate00park_0_0401.jp2"}, "402": {"fulltext": "388\\npared to appreciate aright the excellence of our Institutions, when\\nadministered in accordance with their true spirit and meaning. They\\nsay they will vote for any candidates their friends in the old free\\nStates shall select expecting of course, that he selection of can-\\ndidates will be such as will secure success, and thereby save the\\nGovernment. This wise and deferential offer on their part imposes\\nadditional responsibility on us, and should evoke all the energy, wis-\\ndom and prudence we possess. The work to be accomplished is no\\nlight task. The present party in power has the prestige of victory\\nin the late war, and the deep seated prejudices which that long and\\nbloody struggle engendered, in its favor; and they will appeal to both\\nwith the unscrupulousness and energy of desperation itself. It be-\\nhooves the opposition then, I submit, to treat these prejudices, how-\\never unreasonable they may appear at this time, as realities, and to use\\nevery precaution, and husband wisely and prudently every resource.\\nIt must surrender any peculiar dogmas which the safety and protec-\\ntion of slavery, while existing, necessitated and invoked as that of\\nextreme State rights, which culminated in attempted secession and\\nmodify at least its party name, which, however accurately descriptive\\nof the true structure of our Government, has been rendered offensive\\nto many by the use it has been put to in the late war, though its true\\ndefinition contains no warrant for such a use.\\nI submit the Constitutional Democratic Party would well express\\nthe qualities and truths now required to be exemplified and enforced,\\nviz that the people and not Congress, as is now assumed by the par-\\nty in power, possess the sovereign power, and that it is their right and\\nduty to administer the Government through their chosen agents, who\\nare religiously bound to conform at all times, to the written Constitu-\\ntion and their oaths, as they conscientiously understand them, and that\\neach is accountable for his acts to his God, and the people, his mas-\\nters, and to no other power. It will, at the same time, most strikingly\\ndistinguish the opposition from the party in power, which sets all\\nConstitutions at defiance, as well as their masters.\\nThe persons who are selected for candidates shouid have made for\\nthemselves such records during the war as shall not be objectionable\\nto any who were active, earnest Union men during that period. Any\\nother will be artfully applied to stir up deep-seated prej udice, and re-\\npel many whose co-operation is indispensable to success. We all know\\nthat it was Clay and Webster Whigs and Jacksonian Democrats,\\nimpelled by love of country, that constituted the Union war party", "height": "4176", "width": "2700", "jp2-path": "formationofstate00park_0_0402.jp2"}, "403": {"fulltext": "389\\nand achieved the victory. These have no love or affinity for the\\npresent crack-brained leaders of the party in power, but yearn for\\nnew and more congenial affiliation. But many have a deep-seated\\nprejudice engendered by the war, which cannot be ignored, but should\\nbe respected and conciliated in the selection of candidates.\\nThe statesman and successful leader accepts men as he finds them\\ntreats their predilections and prejudices, however unreasonable\\nthey may appear to some, as substantial realities to those possessing\\nthem, and shapes his course accordingly. No other will be success-\\nful. Many of the grave errors of the party in power arise from their\\nprofound ignorance of the true nature and disposition of the subjects\\nthey are at work upon. They do not understand the people they are\\ntrying to reconstruct, either white or black and therefore, while im-\\npelled by the worst passions, they go it blind and attempt by\\nmere acts of Congress and the sword, to restore peace and harmony,\\nand love and fidelity to the Government by reversing God s law and\\nmaking those of profoundest ignorance with all its terrible accompa-\\nniments the law makers and rulers over people of intelligence and\\ncharacter as unwise and unphilosophical as their taking the rhetori-\\ncal flourishes contained in the Declaration of Independence and their\\nown wild fancies and abnormal consciences, instead of the written\\nConstitution for their guide. The people are tired of these vaga-\\nries, and demand for their leaders men, possessing in some degree at\\nleast, the honest hard common sense which so signally distinguished\\nthe founders of the Republic.\\nThere is another thing the opposition must do to secure success.\\nThey must proclaim what they expect to do, in a clearly defined plat-\\nform. The absorbing desire of the people is, to restore the\\nwhole country, in the speediest manner, to contentedness and pros-\\nperity, so that all shall feel, it is well for us to be here. They have\\nlost all confidence in the present party in power to accomplish this,\\nand are ready to unite with any party that can assure them that this\\nresult shall be speedily accomplished. Nothing short of such assur-\\nance will secure success mark that. The outs, merely folding\\ntheir arms and finding fault with the ins, will not secure success at\\nthis time a full assurance of a vigorous action that will save the\\ncountry and restore harmony and prosperity, alone will do it. The\\nopposition, then, I submit, should place themselves upon the broad\\nand elevated plane which the present crisis and true spirit of the\\nConstitution demand leaving beneath them, as things of the past,", "height": "4160", "width": "2516", "jp2-path": "formationofstate00park_0_0403.jp2"}, "404": {"fulltext": "390\\nabnormal dogmas, with narrow, sectional prejudices which the result\\nof the war has rendered obsolete, master the present, and prepare\\nfor the future, of this great nation.\\nSuch, I submit, is the great absorbing wish of the people, who are\\nalready looking about for means with which to accomplish that pur-\\npose. They wish all unconstitutional laws with the fanciful recon-\\nstruction of States, whether in progress, or accomplished by the pres-\\nent party, swept away by legitimate*means, and such amendments to\\nthe National Constitution inaugurated as the changes occasioned by\\nthe war, the light of experience, and the present and future of the\\nnation demand. Are the opposition wise and patriotic enough to\\nadopt and pursue such a course and thereby secure success? I may\\nventure hereafter to suggest some amendments to the National Con-\\nstitution which it seems to me the present juncture requires, and\\nwhich the opposition should pledge itself beforehand to inaugurate\\non its accession to power.\\nVery Respectfully,\\nG. P.\\nMay 13, 1 863.\\nAMENDMENTS TO OUR NATIONAL CONSTITUTION,\\nPROPOSED FOR THE CONSIDERATION OF MY COUN-\\nTRYMEN, IRRESPECTIVE OF PARTY, WITH A STATE-\\nMENT OF THE REASONS WHICH WOULD SEEM TO\\nREQUIRE THEIR ADOPTION AT THE PRESENT TIME.\\nIt may be well, before stating the proposed Amendments, to briefly\\nnotice the aversion which some of our people have to amending the\\nConstitution. I agree with them where time and experience has not\\ndemonstrated that the Amendments proposed will materially improve\\nthe Instrument. The Instrument, itself, shows that the Framers con-\\ntemplated that a great Nation was to grow up under it, and hence\\nthey provided a plain and easy mode to alter and amend it, as the\\nchanges and growth of the Nation should require. A strict adher-\\nence to the letter and spirit of the Instrument, they assured us, could\\nalone preserve our liberties. It was never contemplated that the Na-", "height": "4160", "width": "2712", "jp2-path": "formationofstate00park_0_0404.jp2"}, "405": {"fulltext": "mi\\nlion should grow from 3,000,000 to 35,000,000, increase its territory\\neight or ten fold, that eighty years should elapse, and civil and politi-\\ncal commotions like those we have recently experienced, occur, with\\nout rendering necessary, amendments to the Organic Law. It would\\nbe as impossible as for an infant to grow into manhood without chang-\\ning or enlarging its dress. As the expanding limbs of the child would\\nrend its garments unless changed to fit its varying, size and propor-\\ntions, so will a written Constitution be rent and frittered away by a\\nchanging and growing people, unless altered to meet the changes.\\nHence Amendments, when clearly required, can alone assure strict\\nadherence to the letter and spirit of what is written, and preserve the\\nInstrument from continual violation.\\nIt is wise and prudent, therefore, I submit, for a People living under\\na written Constitution, to amend it whenever necessary, as the only\\nway to preserve it from infraction, and from being frittered away.\\nNo one, I trust, is weak enough to believe that the unconstitutional\\nand unwise measures now in progress, with the vast expense and sac-\\nrifice attending, are to supply what the Country needs, even though\\nthey should secure what the dominant party appear alone to seek\\nits continuance in power. The great changes and events of the last\\neighty years, as well as the mighty Future, call, I submit, for different\\nmeasures, and that these be inaugurated and carried into effect in ac-\\ncordance with, and not in violation of, the present organic law. An\\namendment of our National Constitution is a solemn expression of\\nthe People 01 the Nation in their sovereign capacity, before whose\\nwill, when thus expressed, Congress and Officers, State Constitutions\\nand Legislatures, with all their sectional or partisan structures, and\\ncorrupt party contrivances, have to give way. It cuts, or rather un-\\nties, the Gordian knot. Is not the present a fit occasion for this\\nsovereign power to speak I believe it is and that the following is\\nin substance what it wishes and purposes to say, viz:\\nARTICLE 14.\\nSec. 1. The system of Civil Polity of the United States,,\\nincluding National and State Governments, is indissoluble, in-\\ndestructible, and unalterable, except by Amendments of its Constitu-\\ntion, National or State, in the modes prescribed therein, respectively,\\nor by successful and accomplished Revolution,\\nThis section expressly declares and re-affirms, I submit, the inten-\\ntion and meaning of the makers of the Instrument, viz; to consoli-", "height": "4160", "width": "2516", "jp2-path": "formationofstate00park_0_0405.jp2"}, "406": {"fulltext": "392\\ndate the People of all the States into a National Supreme Govern-\\nment to the extent of powers granted, either in express terms or by\\nnecessary implication, by the Constitution, but no further leaving\\nthe States and their respective peoples in possession of all other pow-\\ners; and which together constitute the system of Civil Polity describ-\\ned in the Amendment proposed. I believe the results of the late\\nwar dispose, if they do not compel, all candid minds to admit the\\ntruth and soundness of the proposition, whatever may have been\\ntheir views in times past.\\nSec. 2. All persons (except Indians not taxed) born or natural-\\nized within the jurisdiction and under the laws of the United States,\\nare citizens of the United States and of the States in which they re-\\nside, and are alike entitled to full protection against the unlawful acts\\nand claims of all foreign powers; and neither Congress nor the peo-\\nple, nor Legislature of any State or Territory, shall establish any rule\\nor pass any law impairing the right of any such citizen to equal pro-\\ntection under the laws. Any citizen hereafter committing treason\\nagainst the Government of the United States, or any State, shall be\\ndeemed thereby to forfeit all right of protection from, and participa-\\ntion in, the same and such right shall be restored only through the\\nclemency of the Government assailed.\\nThis section defines citizenship, National and State, which becomes\\nforfeited by hereafter committing treason against the United States,\\nor any member thereof; the civil rights of citizens; their equal right\\nto protection at home and abroad, and their equality before the law.\\nIt settles the question so much mooted during the late war, as to the\\nlegal status of citizens, who shall hereafter levy or openly participate\\nin war against the Government of the United States, or of any State.\\nSec. 3. Every male citizen of the United States of the age of\\ntwenty-one years, of sound mind, not a public pauper, nor under con-\\nviction of treason, felony, or bribery at an election, who shall have\\nresided before offering to vote, one year in the State or District, and\\nsix months in the County, Parish, City or Township, in which he\\nclaims such right, and shall have paid or tendered, for the support of\\nFree Schools, or other public use, within the year next preceding such\\noffer to vote, a tax of not less than two dollars, shall be entitled to\\nvote at all elections of National and State officers elective by the\\npeople, upon first taking an oath, if requested thereto, before the\\nconductor of the election, to support the Constitution of the United\\nStates and of the State wherein he resides, but no other person", "height": "4152", "width": "2692", "jp2-path": "formationofstate00park_0_0406.jp2"}, "407": {"fulltext": "393\\nprovided nevertheless that such right to vote shall at the end of five\\nyears from the time this article goes into operation, be suspended as\\nto all such voters then under forty-five years of age, who shall be\\nunable to read and write intelligibly the English language* until such\\ntime as they can so read and write. All qualified voters shall be\\neligible to office, both State and National*\\nThis section proposes to establish a uniform qualification for voters\\nthroughout the Nation. The propriety of such a uniform rule is\\nmanifest when we consider the direct and important interest which\\nthe Nation has in the establishment of a general rule* and its duty to\\nfissure political equality among the citizens* and the States. The\\nNation is bound by law and usage to recognize a perfect equality be-\\ntween the Senators and Representatives of the United States, how-\\never dissimilar or unequal may have been the qualifications of the\\nvoters who elected such Representatives, or the members of their\\nrespective State Legislatures, which elected such Senators and the\\nsame may be said in respect to Presidential Electors. The qualifica-\\ntions of electors of Representatives to Congress* and Presidential\\nElectors^ as well as State Legislators, are at present in no two States\\nthe same. They all differ in the qualifications required. Some admit\\nforeigners who have just landed some, I think, admit public pau-\\npers some, liberated convicts j some States require two years pre\\nvious residence, while others require only a few months some re-^\\nquire a property or intelligence qualification, while others require\\nnone, and so on*\\nNow this great diversity in the qualification of voters, 1 submit, is\\ninconsistent and irreconcilable with the recognized equality of the\\npersons elected, as Representatives and Senators in Congress* and\\nPresidential Electors. Nothing Can justify the glaring inconsistency\\nbut the admission that we ate not a Nation, but a Confederacy. That\\nour Union is a compact between sovereign States, which are the Rep-\\nresentatives in Congress that are recognised as equals, without regard\\nto the qualification prescribed for voters f or other internal policy of\\nthe several States.\\nSuch an admission* I apprehend* the Nation is not prepared to\\nmake, after the experience we have had but, on the contrary, to\\naffirm and maintain that the Constitution constitutes us a Nation to\\nthe extent of the powers granted, and those necessarily incidental\\nthereto, deriving its support from, and resting immediately upon, the\\nZa", "height": "4140", "width": "2508", "jp2-path": "formationofstate00park_0_0407.jp2"}, "408": {"fulltext": "394\\npeople of all the States, who elect the Federal officers, either by di-\\nrect vote, as their Representatives in Congress, or through chosen\\nagencies, as their Legislatures and Colleges of Presidential Electors\u00e2\u0080\u0094\\nthe former electing their Senators in Congress, while the latter elect\\ntheir President and Vice President and hence the propriety and\\nreason for the Nation establishing a uniform qualification for voters-\\nthroughout its jurisdiction.\\nIt may be objected, that such an Amendment will impair the just\\nand necessary rights of the States, and tend too much to consolida-\\ntion. I submit, neither the experience of the past, nor the nature of\\nthe x\\\\mendment proposed, warrant any such conclusion but on the-\\ncontrary, that it will make a wiser and safer distribution of powers by\\nthe people, to their Governmental agencies, Federal and State, and\\nsecure thereby to each, greater harmony and efficiency. None, I\\nthink, will deny the propriety of the Amendment so far as electing.\\nFederal officers is concerned; nor will any, I think, its extension to\\nthe election of State officers, in whom the Nation has only an indirect\\ninterest, when they shall have carefully considered what must be the\\nresult the confusion, often the loss of votes, and injustice to a peo-\\nple, changing as ours are, that are occasioned by the widely differing\\nand imperfectly understood qualifications for voting, in the different\\nStates. The proposed Amendment will, in a great measure, obviate\\nthese evils, and be to our migratory people, like sound National Cur-\\nrency that every one knows and has confidence in, in place of State\\nBank money, whose character is neither known nor appreciated.\\nBesides, it will help to prevent fraud at elections, and assure to all\\nthe States a more perfect Republican form of Government. There\\ncan well be but one qualification for voters in any State, and the Na-\\ntion must either fix a general one. as proposed, or each State contin-\\nue to fix a particular qualification for its own citizens. The general\\njurisdiction, and superior dignity and functions of the National Gov-\\nernment, as well as the great advantages to be derived from a general\\nand- uniform rule require, it seems to me, that the people of the Na-\\ntion should establish a general rule, by making it a part of their Na-\\ntional Constitution. Of course it will be left to each State, with this-\\nsingle exception, to continue to regulate its elections,, as at present.\\nMany of the particulars of the general qualification I venture to\\nsuggest, are already recognized, in some form, by many of the States F\\nthe others, I submit, the Present and Future ot our Great Nation\\nrequire, and past experience dictates, We had, in iS6j, 2, 9^3,553.", "height": "4160", "width": "2704", "jp2-path": "formationofstate00park_0_0408.jp2"}, "409": {"fulltext": "395\\nsquare miles of territory, stretching from ocean to ocean, and lying\\nbetween those parallels of latitude, within which only, the great Pow-\\ners of the Earth have hitherto grown and flourished, with a soil un-\\nsurpassed in diversity and fertility. At the same date we had\\n31,652,821 inhabitants about 4,000,000 of whom were slaves, since\\nmade free by the war, and the 13th Amendment to the National Con-\\nstitution. The capacity of our territory, when settled as thickly only\\nas Massachusetts is at present 127 J inhabitants to the square mile\\nis sufficient to contain 280,403,007 inhabitants. Compared, then,\\nwith the present density of Massachusetts population, our territory is\\n\u00e2\u0096\u00a0only one-ninth filled. God has given the Earth and the fullness\\nthereof for the sustenance and support of man, which means man-\\nkind. None can suppose that the few Anglo Saxon race now here,\\nand their descendants, are to appropriate, contrary to the Divine\\ngift, all this immense territory, to the exclusion of the now crowded\\nand overflowing populations of the Old World, who come equally\\nwithin the terms of the gift. The thought is no less vain than im-\\npious, God has made it our duty, as the more favored race, not\\nfoolishly to attempt to thwart His will, but to give our best efforts\\ntowards executing it, by so modifying and improving our system of\\nCivil Polity as shall fit it to answer the great mission He seems to\\nhave assigned it and through the light of His Gospel and the influ-\\nence of Institutions which are its offspring to elevate and improve\\nthe human race. All nations, colors, kindred and tongues are now\\ncoming, and will continue to flock to our shores, and we have got to\\nlet them in. Look at the Asiatics, already swarming our Pacific, and\\nEuropeans, our Atlantic coast. It is these considerations, and the\\nmighty and certain Future, that moves me no less than the 4,000,000\\nof the African race, that have so recently emerged from slavery to\\nthe status of freemen among us. Every Government, truly Repub-\\nlican in form, must, of necessity, rest on the consent of the governed.\\nThere is no other foundation. In order to secure this consent, we\\nhave got to award them equal civil rights, and as soon as prepared\\nand qualified, equal political rights also. It is impossible to secure\\ntheir voluntary and cordial support in any other way. Whenever\\nthese are unnecessarily denied to any class of our inhabitants, they\\nbecome discontented and alien in their feelings, and instead of giving\\nthe Government support, they require the constant exercise of its\\nvigilance and power, to ward off their assaults. Hence reason and\\nsound policy dictate that we secure their affections by dealing justly", "height": "4160", "width": "2516", "jp2-path": "formationofstate00park_0_0409.jp2"}, "410": {"fulltext": "396*\\nand bettering their condition. For this reason I have ignored color\\nand race in qualification to vote nor have I made disloyalty to the\\nGovernment during the late war, a disqualification, unless where the\\nparty is under conviction of Treason. The leaders, at least, should\\nhave been tried, convicted and punished, according to law, when the\\nwar closed, and in that way, they and their controlling influence over\\ntheir recent followers, would have been removed. But as that course\\nwas not taken, and it has now become impracticable, there remains,\\nI submit, but one course to pursue, which is to forgive them, together\\nwith their followers, and try to win all back by kind and generous\\ntreatment. I have no faith in any intermediate course or ground the\\nGovernment may now take. Practically, human nature admits of no\\nsuch. No man can be conciliated, or his affections won, through\\nunnecessary annoyance, or tantalization. Nor can an American citi-\\nzen, who has been bred in the exercise of our political rights, what-\\never may have been his fault, ever be conciliated and won to a love\\nand support of the Government, while it denies him the exercise of\\nthese rights, whatever other concessions it shall make.\\nNo man in this country, where labor is so much in demand, and so\\nwell paid, who shall be unable or unwilling to pay $2,00 a year to-\\nwards supporting Free Schools that educate his children gratis, is\\nworthy a vote, in my opinion and I have made the payment or\\ntender (as the omission of the authorities to assess or receive should\\nnot deprive him) of that sum within the preceding year, a pre-requi-\\nsite of his right to vote. I am aware some have thought otherwise,\\nand that payment or tender of any tax ought not to be required, even\\nfor the exercise of this highest earthly trust, that can be reposed in\\nan American citizen. Duty and true charity in government as in\\nindividuals, consist in adopting a policy that shall stimulate men to\\ndo for themselves and families, and not in encouraging and reward-\\ning their vice and idleness. I repeat therefore, that any American\\ncitizen that cannot, or will not, in the space of a year, give what a\\ncommon laborer can earn in one day, towards the education of his\\nchildren, or sustaining the Government that protects him and them,\\nought not to vote. To thrust it upon any citizen that will not make\\nso small a sacrifice to gain it, is degrading to the lowest degree, the\\ngreat trust. I know the humblest of my fellow citizens possess too\\nmuch pride of character and self respect to ask or desire it. Polit-\\nical demagogues may say, however, in excuse for citizens without\\nvisible property, voting without paying any tax, that they are subject", "height": "4160", "width": "2704", "jp2-path": "formationofstate00park_0_0410.jp2"}, "411": {"fulltext": "397\\nto be called to help defend the Government in time of war, and for\\nthat reason ought to be allowed to vote. The answer is they are\\nabundantly compensated for this service by wages and bounties, and\\nby the protection of their civil rights by the Government, as is also\\nthe case with minors, who have to help defend, though they are not\\nallowed to vote. Besides, the man of visible property who pays\\ntaxes, however large, is equally subject to perform the same duty.\\nI come now to another important element in the proposed qualifi-\\ncation, viz an ability to read and write the English language intelli-\\ngibly. That every voter should be able to act understanding^ when\\nhe voces, none will deny for otherwise it is not the individual that\\nvotes, but he is an instrument or tool merely in the hands of others,\\nor else goes it blind. In either case the tool or blind man is not\\nbenefitted, but through him, as a general thing, the Government is\\ninjured, and selfish unprincipled demagogues are the only gainers.\\nAs the press has become almost the exclusive medium of informa-\\ntion, and printed ballots of almost universal use, and the English\\nthe only language recognized by law, to be able to read and write\\nthis language intelligibly, seems to be the most practical and useful\\ntest of adequate understanding, that can be applied. No person\\nunable to read the name printed on his ballot can vote according to\\nhis own personal knowledge, but must necessarily act on the advice\\nof others, raying nothing of the uninformed state of his mind on the\\ngreat subject in hand. How does this comport with the dignity and\\nimportance of the trust The art of reading and writing intelligibly,\\nit is true, is but a means for acquiring and imparting knowledge of\\nmen and things, and not a measure of innate capability. Raphael\\nand Michael Angelo, if they had been born blind, could never\\nhave been competent to judge of color nor he who is born deaf, to\\njudge of music or eloquence, whatever may be his native mental en-\\ndowment.\\nThough not a perfect test therefore of mental capability in all\\ncases, it is the most practical and useful, it seems to me, that can be\\napplied for the acquisition of the art, which shall qualify him to\\nvote, at the same time qualifies the voter to read his Bible at least,\\nand transact with safety and ease his private business a sufficient\\nreward of itself for the labor. In no view therefore, can there be,\\nany reasonable objection urged against it. Selfish, unprincipled\\ndemagogues must be its only opposers.", "height": "4156", "width": "2516", "jp2-path": "formationofstate00park_0_0411.jp2"}, "412": {"fulltext": "398\\nBut as there are many adult male freemen throughout the country\\nwho have not had an opportunity to learn the art, many of whom are\\nat present voters, it would seem right and reasonable to give such a\\nreasonable time to qualify, before suspending their right. Five years\\nafter the ratification of the amendment would seem to be ample time\\nfor the purpose, and if not qualified in that time, their right to be\\nsuspended until they shall be qualified at least, as to all persons\\nthen under forty-five years of age. Those above that age may be\\nexcused for obvious reasons, notwithstanding the proverb, never too\\nold to learn. The effect would be to set all that come within the\\nprobation, native and naturalized, and of whatever color or race, to\\nacquiring the art, in earnest, and thereby advance their intellectual,\\nmoral and religious character, their temporal and spiritual well-being.\\nSec. 4. All monies raised or authorized, and donations made by\\nCongress or any of the States for educational purposes, shall be\\nimpartially distributed according to the number of citizens, and\\napplied within the limits designated, without regard in any case, to\\nreligious sect or belief.\\nThis section, I submit, is required to secure impartial popular edu-\\ncation, and silence forever the clamor of different religious sects to\\nhave their proportions of public monies raised for school purposes\\nallowed them, that they may the better propagate their respective\\nreligious tenets. The genius and policy of the Government are to\\nrespect and tolerate all modes of religious faith alike, so long as they\\ndo not violate any of the great principles of policy and right on\\nwhich our Institutions rest, nor disturb the public peace. Public\\nschools are the Nation s nurseries wherein all its youth should be\\ntaught the art that enables them to educate themselves, and become\\nenlightened christian citizens, and not mere sectaries.\\nSec. 5. Polygamy under any form, guise, or pretext, is a crime,\\nand is prohibited within the jurisdiction of the United States.\\nThe quiet sufferance and undisturbed toleration on the part of our\\nRepresentatives for so long a time of this great crime as practiced\\nby the Mormons, subverting in effect the divine institution of family,\\nwhich is the corner stone of all Republican Governments must cer-\\ntainly indicate a want of power in our Representatives to act, and a\\nnecessity, I submit, for the people conferring the requisite power and", "height": "4160", "width": "2712", "jp2-path": "formationofstate00park_0_0412.jp2"}, "413": {"fulltext": "399\\ninsisting upon its speedy and thorough execution in suppressing so\\ngreat a public nuisance.\\nSec* 6. The President and Vice-President of the United States\\nshall hereafter be chosen by a pluralty of the voles cast directly by\\nthe qualified voters of the several States, for said officers respectively,\\nat elections to be held on the same day in the several States, for the\\nterm of six years, and both shall be ineligible to either oi said offices\\nafterwards. In case of vacancies in both the offices of President and\\nVice-President, so to be chosen, the executive powers and duties\\nshall devolve for, and during the unexpired term, or until supplied by\\nregular election, upon the associate justice of the Supreme Court of\\nthe United States, whose commission shall be third in point of\\nseniority among those held at the time by the associate justices of\\nsaid court and in case of declination or vacancy for any cause after\\nacceptance and qualification by any such associate justice, the same\\npowers and duties shall devolve upon the associate justice who holds\\nthe next junior commission to him who so declines or vacates. Upon\\nany associate justice accepting the chief executive office and duly\\nqualifying, his office of judge shall become vacant. The President,\\nor chief executive officer for the time being, shall have power to\\nremove his cabinet officers without the consent of the Senate.\\nThis section will enable the qualified voters of the Nation to elect\\nby direct vote and by a plurality of the votes cast, the President and\\nVice-President, whose term of office will be six years, and both to\\nbe ineligible to either office afterwards. The President and Vice-\\nPresident hold the same immediate relation to the people of the\\nNation as the Governors of the several States hold to their respec-\\ntive peoples. Why, then, should not the same mode of choosing be\\nadopted Why should not a plurality of the votes cast in the Nation\\nelect a President and Vice-President as well as a plurality of those\\nin a State elect its Governor According to the present mode the\\nperson receiving the least number of popular votes may be elected.\\nThe Presidential electors of nearly every State are, 1 think, chosen\\nby general ticket. A majority of one vote in the great State of\\nNew York may give its thirty-three electors all to one party, and the\\nminority, whose votes may be as numerous as the majority into one\\nvote, has no voice whatever and so in the other States. And then,\\nif no candidate gets a majority of the electors chosen, the President\\nhas- to be chosen by the House of Representatives where every State,.", "height": "4152", "width": "2532", "jp2-path": "formationofstate00park_0_0413.jp2"}, "414": {"fulltext": "400\\nhowever disproportionate in wealth and population, is entitled to t\\\\\\nvote. The great State of New York, with its 4,000,000 people and\\n800,000 voters, has no more voice than Delaware, with her 90,000\\npopulation and less than 20,000 voters. In case the Electoral College\\nfail to elect a vice-President, the Senate elects by vote of a majority\\nof its members. Besides, the corruption and intrigue, and the dan-\\nger attending such an election by Congress Suppose the task\\nshould devolve upon the present Congress^ what might we expect?\\nThe necessity for, a change in this particular,. I submit, is too appar-\\nent to admit of argument.\\nThe necessity for substituting a six for a four year s term, and\\nmaking both President and vice-President ineligible to either office\\nafterward, our experience, I submit, has made equally plain. The\\navoidance of the attending danger, the derangement and depression\\nof the business of the country, the additional time consumed and\\nmoney expended, will more than outweigh any additional security\\nor advantage the present four year s term gives. It makes both in-\\neligible to either office afterwards, and therefore secures the best ef-\\nforts of the incumbents to promoting the country s weal, and not in*\\nsecuring a re-election. The duties of She President have Ibecome so\\narduous that one term of six years is as much as one man can stand,\\nand retain the requisite vigor and if the people, his masters, can\\nkeep him straight four years, there is no good reason why they may\\nnot six.\\nPresent and recent experience admonish that a different succession\\nthan is now provided should be established in case of vacancies in\\nboth offices. In such case the proposed amendment devolves the ex-\\necutive powers and duties on the associate justice of the Supreme\\nCourt of the United States, whose commission shall be third in point of\\nage among the associate justices, and if he declines,, or the office be-\\ncomes vacant from any cause, the same devolves on the associate jus-\\ntice holding the next junior commission,- and so onto the youngest as-\\nsociate justice on the bench and upon any of these judges accepting,\\nand qualif} ihg f he vacates his office of judge. The Chief Justice is\\nexcluded because he is obliged to preside in case of impeachment oi\\nthe President. The two senior associate justices are also excluded\\nbecause their age and infirmities would be likely to reveler them un-\\nequal to the|arduous task. The associate justices of this court are\\nselected because their position gives assurance of competency, and\\nprecludes any participation in proceedings to create a vacancy*", "height": "4156", "width": "2716", "jp2-path": "formationofstate00park_0_0414.jp2"}, "415": {"fulltext": "401\\nwhich has become painfully conspicuous on the part of the President\\nof the Senate pro tern, and Speaker of the House, in the present\\nemergency.\\nThe proposed amendment will silence forever further disputes as\\nto the right of the Chief Executive to remove his cabinet officers,\\nwho. are his confidential advisers, at pleasure, and without the con-\\nsent or interference of the Senate, and be responsible for his action\\nin this respect immediately to the people, his masters, in the manner\\n-already provided in the Constitution; and not dependant upon a\\nhostile and partisan Senate which may delight to embarrass and\\nshackle his administration, as is now being exemplified.\\nSec, 7* The validity of the public debt of the United States\\nauthorized by law, including debts incurred for payment of pensions\\nand bounties for services in suppressing insurrection or rebellion,\\nshall not be questioned, but shall be paid in accordance with the\\nlaws creating the same, and the written contracts which evidence\\n^uch debt, as the same shall be interpreted by ike Supreme Court. But\\nneither the United States nor any State shall assume or pay any debt or\\nobligation incurred in aid of insurrection or rebellion against the\\nUnited States, or any claim for the loss or emancipation of any slave\\nbut all such debts, obligations and claims shall be held illegal and\\nvoid.\\nBy the adoption of this section the people themselves will defi\\nnitely settle the validity of the public debt and assure its payment in\\naccordance with the laws and written evidences by which it has been\\ncontracted -these laws and evidences to be interpreted by the Courts\\nof the Nation. These I submit, are the only proper authorities to\\ndecide and interpret these laws and evidences, and their decisions\\nshould satisfy both citken, and foreign creditors. It will take the\\ndelicate subject out of the stormy arena of politics, and leave to our\\nLegislative servants the sole task of raising the means to pay in the\\nmanner the Courts shall decide these laws and evidences in good\\nfaith require. They will at the same time settle, definitely and for-\\never, the invalidity of any supposed debt or obligation contracted or\\nincurred in the interest of the late rebellion, or sacrifice of slave\\nproperty.\\nThese are the principal considerations that have induced me to\\nsuggest the amendments, and I respectfully submit both to the care-\\nful and earnest consideration of mv fellow-citizens. We all feel that\\nA3", "height": "4160", "width": "2524", "jp2-path": "formationofstate00park_0_0415.jp2"}, "416": {"fulltext": "402\\nsomething should be done different from what has been attempted-;\\nin order to meet the present and future wants of die Nation, and\\nsecure to it the just fruits of the great sacrifices that have been made.\\nMy knowledge oi the structure of Southern society forbids any con-\\nfidence in the present mode of reconstructing the Southern States\\nand the pending Constitutional amendment, known as Article i4tlv\\nthe adoption of which is made a part of their plan, appears to me\\nincongruous and subversive of the fundamental principles on which\\nour Institutions are based. Its second section proposes to clothe\\neach State with the power to throw any United States citizens resid-\\ning within its limits out of the National Basis of Representation, 7\\nby denying or in any way abridging, except for participation in\\nthe rebellion, or other crime, the right of any of its male citizens\\nover twenty-one years of age to vote for any State or National officer/\\nelective by the people. To be thrown out of the National Basis of\\nRepresentation is to be thrown out of the Government, and beyond\\nits protection for neither the Government nor its officers can.be\\nsaid to represent, or be under obligation to protect, any but their\\nconstituency,- which are those only who are included in the Basis of\\nRepresentation. The theory of our Fathers was that all White in-\\nhabitants were included in the Basis of Representation, and so had\\nequal right to claim protection whether they were voters or not.\\nAccording to their theory, the non-voting expressed their wishes\\nthrough the- voting portion, as females and minor children, through\\nhusbands, fathers, brothers, adult sons, etc.\\nIf this be a correct interpretation of the second Section, and their\\nAmendment be adopted; what is to become of the people of Massa-\\nchusetts, Connecticut, and some other States/ where the right of all\\nto vote is at present subject to the condition that they can read and\\nwrite. This is certainly an abridgement of their right to vote, as\\ndefined in the pending Amendment proposed by Congress, and\\napplies to all So in those States that require a property qualifica-\\ntion, either general, or partial as New York requires of her colored\\npopulation. The language used in the second Section deny, or\\nabridge in any form must certainly/include- the conditions or restric-\\ntions named. It utterly disables the people of any State to improve\\nthe qualification of its voters while they remain in and part of the-\\nGovernment. These suggestions will suffice to show the crudity and\\nanarchial effects of the pending Amendment, it adopted.\\nTo secure the adoption of the Amendments suggested; it will be", "height": "4160", "width": "2696", "jp2-path": "formationofstate00park_0_0416.jp2"}, "417": {"fulltext": "403\\nwecessary that the people elect a Congress that shall by a two-thirds\\nvote of each House propose them, or that the Legislatures of two-\\nthirds of the States shall direct Congress to call a National Conven-\\ntion to propose amendments and in either case, such proposed\\namendments have to be ratified by three-fourths of the States, either\\nfthrough .their respective Legislatures, or through Conventions held\\nin each State, composed of Delegates elected by the people thereof.\\nThe Congress proposing the Amendments can select either mode of\\nRatification. The reason for t,he .makers giving this option doubtless\\nwas, to enable the people of ,the Nation to effect amendments to\\ntheir organic law T through the Convention ,mode of Ratification, when\\nthe Legislature mode should be impracticable for over the latter\\nCongress has no control whereas in the formation and constitution\\nof State Conventions for the purpose, it is .clothed with absolute\\ncontrol. The Constitution only provides that the Convention mode\\nof Ratification may be selected by the Congress proposing the\\namendments, or calling a National Convention to propose them, but\\nis wholly silent as to who shall call or determine the structure and\\ncomposition of the State Conventions called for ratification, which,\\nby necessary implication, leaves this duty with the power that makes\\nthe selection. Nor can this power be confined, I submit, in forming\\nsuch State Conventions and electing delegates, to the ihen legal vo-\\nters in .the several States, but is at liberty to say who may vote in the\\nchoice of Delegates, The uniform practice of th.e peoples of the\\nStates who have heretofore amended their respective State Constitu-\\ntions, extending the righ t of suffrage, and have submitted the ratifica-\\ntion to all wfyo were to be made voters for the first time by the pro-\\nposed Amendment, as well as to those who were already voters\\naffords sufficient precedent and warrant for this course.\\nThe people of the Nation, then, have it in their power to make the\\nAmendments proposed, or any others they may wish, if they shall so\\nresolve, and set about it in earnest. May I not hope that this will\\ntake place at no distant day? I am aware their adoption may con-\\nflict with some partizan prejudices and schemes existing at the pres-\\nent moment nevertheless, I believe the patriotism and sound sense\\nof the people are prepared to ignore narrow, selfish, temporary and\\npartizan considerations, so far at least, as may be necessary to secure\\nto the Nation what its Present and Future so manifestly require.", "height": "4156", "width": "2508", "jp2-path": "formationofstate00park_0_0417.jp2"}, "418": {"fulltext": "404\\nThe foregoing was published in pamphlet form in the Spring of\\n1868, and sent to many of the leading men of both political parties,\\nof the press, and educational Institutions of the country, but with lit-\\ntle apparent effect, save President Johnson soon after sent a special\\nmessage to Congress, recommending an Amendment to the Constitu-\\ntion, making the President and Vice President elective by the direct\\nvote of the people for a term of six years, and both, I think, ineligible\\nafter.\\nWhen I wrote and published the pamphlet I felt there was an op-\\nportunity that a century to come might not offer again, to correct\\nmanifest existing errors or defects in our National organism, as its\\npeople were then situated, and implant therein a strong incentive for\\nevery citizen to educate and improve himself, as an individual, worthy\\nto become an American sovereign, instead of burden to the Body\\nPolitic. I thought as my fellow citizens were then situated, the re-\\nstriction or condition proposed, might be accepted and incorporated\\ninto our National Constitution. I thought both the white and colored\\npeople of the ten recently Slave States, might accept unanimously,\\nas they were then situated and that their respective friends in the\\nloyal States would accept also if not for their own and country s\\nsake, for the sake of their respective friends in the South, in whom\\nthey felt, or professed to feel, so strong interest. I thought that Con-\\ngress would propose some Amendments similar, and provide for their\\nratification by Conventions in the several States, composed of Dele-\\ngates, chosen by the adult males of the States, irrespective of color,\\nrace, previous condition of servitude, or previous disloyalty,\\nas it had the Constitutional power to do, as well as to assure\\na fair election of Delegates in all the States. I suggested all I thought\\nnecessary at the time, and warranted, without appearing obtrusive; and\\nam convinced now, if the suggestion had been adopted and vigorous-\\nly acted on by Congress at the time, their substance at least might\\nhave been secured to the country a result now perhaps unattainable\\nby peaceful means for in a Government like ours, men have never\\nvoluntarily given up, or restricted powers and privileges, they already\\npossessed. Physical force, amounting to war, alone retracts or\\nabridges, as all past history shows.\\nWhat would have been the consequence, if such a measure had\\nbeen carried out at that time, both in the old Free, and the Slave\\nStates I need only mention the additional amount that would have\\nbeen derived to the Free School fund throughout the Nation, the", "height": "4140", "width": "2692", "jp2-path": "formationofstate00park_0_0418.jp2"}, "419": {"fulltext": "405\\nstrong incentive it would have placed in all American breasts, to edu-\\ncate themselves and children, and soon in a great measure relieve\\nevery section of the country of unintelligent, venal voting, as well as\\npauperism and crime. With such an incentive I believe both White\\nand Black would have done for themselves and children as individ-\\nuals, what now the Government, the industrious and producing por-\\ntion I mean, have got to do, or our Government will prove a failure.\\nAll a Republican Government can ever hope for, through pacific\\nmeans, is to inspire and incite its individual members to make of\\nthemselves and children, worthy citizens. Our political servants al-\\nlowed the opportune time to pass, and only gave us the Fourteenth\\nAmendment then pending, with a subsequent one styled the Fifteenth\\nAmendment, with various kinds of Congressional Acts to enforce\\nthem of the fruits hitherto the country has partaken, and must for\\nsome time to come. The Fifteenth Amendment changed or mod-\\nihed the Fourteenth to this extent only: that no denying or abridg-\\ning of the right to vote, should be made by any State on account\\nof color, race, or previous condition of servitude. Beyond that the\\nFourteenth Amendment remains unchanged.\\n[No. r.]\\nTROO LOILTY IT IS TOO EXPENSIVE FOR US TO\\nKEEP.\\nEditors Wheeling Register\\nOn comparing the financial statements of the National Government\\nsince the war ceased, with those under former Administrations, every\\nthinking person, it would seem, must concur with me in the above\\nsentiment for however rare and extraordinary their qualities may be,\\nour people cannot stand the expense. The trooly loil partv, it is\\nknown, did not assume the exclusive control of the entire Government\\nuntil the last session of the Thirty-Ninth Congress, during the winter\\nof 66-7.\\nThe reports of the Secretary of the Treasury show the entire pub-\\nlic indebtedness on the 30th of June, lS66, to have been $2,785,425,-\\n879.21, without taking into account the money then in the Treasury,\\nwhich of course could not vary the amount of the outstanding debt,\\nand it seems a report was made by some official the first of the pres-", "height": "4152", "width": "2532", "jp2-path": "formationofstate00park_0_0419.jp2"}, "420": {"fulltext": "406\\n,ent month, showing it to be $2,633,589,757.00, showing a reduction\\n.during the twenty-five months of $151,836,122.21. It appears from\\njthe Secretary s report for 1866-7 t It at $103,788,912.87 was paid be-\\nfore October 31st, tS66, and before trqo loilty had taken .exclusive\\n.control of the Government.\\nThe remaining $49,048,1 10.34, on the supposition the report of the\\npresent month tye true\u00e2\u0080\u0094 is all this party has paid of the debt during\\nthe twenty-two months last past. The Secretary, in his report of\\n1866-7, states the amount of debt on the 30th of June and also the\\n31st of October, 186^, in a plain and unambiguous manner, without\\nreference to the amount of cash in the Treasury at either time, but\\nsimply notes at the foot of his account what the amounts in the\\nTreasury were at the time. In the report for 1867-8, the amount of\\noutstanding indebtedness at the different periods is stated in this wise\\nTotal debt, less the amount of money in the Treasury, stating only\\nthe balance, after deducting the amount in the Treasury; which, at\\nthe time, considerably exceeded $100,000,000, the deduction of which\\nwould, of course, considerably vary the amount of outstanding in-\\ndebtedness. The amounts in the Treasury at different periods were\\nas follows, viz June 30, 1866, $132,887,849.11; October 31, 1866,\\n$130,326,960.62; July t, 1867, $180,399,201.79; and 1st of Novem-\\nber, 1867, $133,998,398.02. The true measure of the public debt at\\nany time is, of course, the amount of its outstanding liabilities, and\\nwhat money it may have in the Treasury does not alter the extent of\\nits liability, though it may vary its ability to pay. If A owes B\\n$1,000, and has $200 in his pocket, tffis fact does not diminish the\\nextent of his liability to B, for he, nevertheless, owes him the $i,ooq.\\nBesides, suppqse. the ijext (}ay 4. squanders the $200, as it looks as\\nthough this f. troo loilty has done with what was iii the Treasury, it\\nwould pay no part qf tjie debt to B. IVfr. Greeley says tlie official\\nreport made the first qf this month makes the debt $2,510,000,000.00,\\nover and above the money in the Treasury. That is, this amount\\nadded to the m one y m the Treasury gives the amount of the out-\\nstanding debt. Why did not that official or Mr. Greeley give us the\\namount of money in the Treasury at the same time, so we could add\\nthem together and see what the present outstanding debt really is\\nIf we add the amount in the Treasury June 30th, 1867, to the amount\\nMr. Greeley s official gives, it places the debt where it stood Octo-\\nber 31, 1866, after the $103,788,912.87 was paid, viz: $2,681,636,-\\n966.94, and more.", "height": "4156", "width": "2724", "jp2-path": "formationofstate00park_0_0420.jp2"}, "421": {"fulltext": "407\\nThis statement 61 the amount of the outstanding debt less th6\\nmoney in the Treasury at the time, which must be taken to mean\\ntyhat the sum of the two gives its extent, and the parading of the one\\nand squandering of the other has doubtless been the cause of the\\nconfusidn, and has been made, it would seem, an instrument in the\\nhands of this troo kr.lty v to juggle and plunder us with*. I submit\\nthis unusual, unprecedented and ambiguous mode of stating the\\namount of the outstanding debt, was adopted for the express purpose\\nof being used and played upon in just the way it has. I have not\\nbeen able to see ttftl official statement, reported to have been made\\nthe first of the month. I have examined the papers in my reach,\\n.among them, the Weekly Tribune, issuing during this month; and ca i\\nnot find it. On the- whole, the evidence makes it clear, the sum\\nstated by this official, when added* to the amount iir the Treasury at;\\nthe time, will swell the debt to what it was October 31, 1866, and\\nvery probably much more. Such kind of jugglery with the people s\\nearning, by the hundreds of mi//ious, certainly exhibits this troo\\nloilty in a new and striking light. It is as wonderful and unprece-\\ndented as other things they have done\u00e2\u0080\u0094 but far more expensive\\nBut how much have they received since taking the exclusive con-\\ntrol of the Government in December, 1866 There was received for\\nthe fiscal year, ending June 30, 1867, $490,634,010.27 and for the\\nfiscal year ending June 30, 1868, $471,300,000 making in all $961,-\\n934,001.27. What have they done with this immense amount of the\\npeople s earnings The evidence as it stands makes it very clear\\nthey have paid no part of the principal of the public debt, but on the\\ncontrary have increased the principal since October 1, 1866.\\nTo show we cannot possibly afford to keep this troo loilty longer,\\nhowever agreeable may be their company, or unrivalled their excel-\\nlencies, I will refer to the expenditures under some of the fornier ad-\\nministrations. The annual average expenditure during- the eight\\nyears of General Jackson s administration was $3i ,ooo,ooo. The\\nlast year of President PoLk s administration in x 848-49 just after the\\nclose of the Mexican war/ amounted to $42,8i i,67o.o~3. During Geo.\\nTaylor s they were 798,667.82. The last year of President\\nPierce s administration, they were $57,674,461. I have not the\\nmeans at hand to furnish further. All are easily accessable to your\\nreaders. The foregoing are sufficient, hdwevcr, to enable the reader to", "height": "4156", "width": "2524", "jp2-path": "formationofstate00park_0_0421.jp2"}, "422": {"fulltext": "408\\nmake the necessary comparison. The Government did something\\nunder these administrations, but they had no parties of the trod\\nioilty stamp then.\\nVery Respectfully,\\nG. P,\\nAugust,, 28, 1868.\\n[No. 2,]\\nTROO LOlLTY IT IS TOO EXPENSIVE FOR t S TO\\nKEEP.\\nEditors Wheeling Register\\nI was glad to find in your paper of to-day the official statement of\\nthe public debt made the first of this month, which is as follows\\nTotal public debt, 1st of August, 1868, less cash in the Treasury,\\n$2,523,534,180.67.\\nThe Secretary is careful to limit his certificate to what the officers\\nin charge have presented to him, and does not certify of his own-\\nknowledge. The officers in charge have been made immediately re-\\nsponsible to Congress, and not to the Secretary or President both\\nof whom Congress has assumed to displace and bind fast. The\\nofficers immediately in charge of this subject now, and the majority of\\nCongress, belong to this same ring\u00c2\u00bb\\nIt will be found by adding the amount of debt reported as out-\\nstanding the first instant, less the amount of money in the Treasury\\non that day -to the amount that was in the Treasury October 31st,\\n1866, when the Ring took exclusive possession and control, viz\\n$130,326,960.62\u00e2\u0080\u0094 adding the forty per cent, premium to the portion\\nof it that was coin and it makes the amount of the outstanding in-\\ndebtment October 31st, 1866, and more. The amount in the Treas-\\nury October 31, 1866, which came into the hands of the Ring when\\nthey ousted the Constitutional custodians, should be counted as\\nagainst them, as liquidating the debt to that extent, and reducing it\\nto the amount stated the first instant, irrespective of the amount of\\nmoney in the Treasury on the last named day. This would be a just\\nrule where both parties were innocent, and especially so where the\\nmoney is taken through acts of usurpation. It may be safely affirmed\\nthen that this Ring has not paid a dollar of the public debt since it\\nusurped the exclusive control, twenty-two months ago but increased\\nit during the fust nine months rising ten millions. This is certain.", "height": "4160", "width": "2728", "jp2-path": "formationofstate00park_0_0422.jp2"}, "423": {"fulltext": "409\\nNow how much have the Ring received from the customs which is\\nm coin, and Internal Revenue and other sources, which is in cur-\\nrency Adding the accustomed premium of forty per cent, to the\\ncoin, and it will amount to rising a billion. Deduct the amount of\\ninterest on the public debt for the twenty-two months, (allowing pro-\\nportionately to that paid during the year ending June 30th, 1867,) viz:\\n$262,505,485,79 frorri a billion, leaves $737,498,514,21 which is four\\nhundred and one Million^ two hundred and seventy-one thousand, nine\\nhundred and sixteen dollars ufa d seventy -six cents, a year thirty -three\\nmillion Jive hundred -and twenty-two thousand, six hundred and fifty-\\nnine dollars tt# s eve uty- three cents, a fnonth and one million one\\nhundred ami seventeen thousand four hundred and twenty-one dollars\\nand ninety-seven Tents; a day! I need hot carry this further. Whoever\\nwill take the trouble can pursue it to hours, minutes and seconds;\\nand thereby realize rrfore sensibly where this Ring is hastening us to;\\nand this to defray the ordinary expenses in a time of profound peace,\\nexcept the disturbance and turmoil these devils are kicking up, by\\ntheir myriads of agents throughout the country^ all of which are\\npaid with this money, and all for the purpose of upholding and per-\\npetuating the rule and plunder of this Ring of troo loilty. Prepar-\\natory to going before the people to ask a re-election, the present\\nCongress have reduced appropriations to some extent the present\\nsession, with a view to secure re-election, and then restore these to\\nwhat they we re before, by passing what fhey call deficiency bills.\\nThis is one of their recent contrivances. It is in keeping with their\\nothers\\nMany of the people acre led to believe that this money is not\\ndrawn from their pockets Never was there a greater mistake,\\n.Every dollar of it is drawn front the labor and not the capital of\\nthe country. Every employer deducts what he has to pay from the\\nwages of operatives arid every merchant and trader adds to the\\nprice of every article he sells, every cent of revenue and duty he\\npays. The parents have to pay the tribute during the period of ges-\\ntation, infancy and minority of the child, until he is able to assume\\nIt, and then he pays not only for himself, but family in turn, and\\nescapes only in the grave, and the executor pays it on his coffin and\\nshroud. Yes the curse of oppressive taxation reaches us at all\\nlimes and everywhere through our mothers before we are bom\\nWhate er we do, 01 wheresoe er we fly,\\nIt still adheres, nor quits us when we die!\\ns 3", "height": "4160", "width": "2560", "jp2-path": "formationofstate00park_0_0423.jp2"}, "424": {"fulltext": "4W\\nIs it not right that tHey give us a satisfactory aecotint of tfiis-\\nmoney r before we consent tosupport them further\\nI would ask your readers;- and every honest man, lo read the ex-\\npose of the doings of Congress and the rest- of the Rings/ recently\\nmade by Mf. W. J. Man-k-er and published at length in the National\\nWeekly Inflelli geneer of the 6th ult. It appears Mr. Marker has\\nbelonged to the Republican party since its formation*- has held the\\nimportant office of Doorkeeper of the House of Representatives\\nduring the present Congress, and had the fullest opportunity to wit-\\nness the- doings of the Ring his conscience being unable to wit-\\nness it longer in silence, he resigned the office and made the exposi-\\ntion. The spirit and style, the documentary evidence- he invokes,\\nand the general acquiescence in its truth by the parties implicated,\\nwould seem to commend it to the attention of every patriot, As a\\nsample, I give one item*: The Sergeant-at-Arms- of the Mouse, a\\nmember of the Ring/ 7 of course, charged^ and was allowed traveling,\\nfees at the Fate of twenty cents per mile, for travelling a distance that\\nwould carry him around the earth, eigM times and two -thirds\\nVery Respectfully-,\\nG. P.\\nSeptember i 1868:\\nThis exceeding greed of the doctors- for* lucre,- culminated finally 11*\\nthe Credit Mobilier and its like, which has become history,\\nAs the Presidential candidate of the opposition appeared to me\\naitfog ther objectionable at that time, I voted at the ensuing Novem-\\nber election-- neither party s electoral ticket, but voted for General W\u00e2\u0080\u009e-\\nS. Hancock^ of Pennsylvania,- for President,- and Hon. T. A. Hen-\\ndricks, of Indiana, for Vice President, I have not learned to this\\nday whether any one else voted for these gentlemen, I\u00c2\u00bb ana sure,,\\nhowever, neither was elected,-\\nThe State Legislature, as well as the dominant party throtfghowtf\\ni he State being in deep sympathy with the National party at its ses-\\nsion in 1869, ratified the Fifteenth Amendment, but refused Lo inaug-", "height": "4160", "width": "2728", "jp2-path": "formationofstate00park_0_0424.jp2"}, "425": {"fulltext": "411\\nrural e an Amendment to the State Constitution, enfranchising ex-\\n.^Rebels, which I have no doubt a decided majority of the then legal\\nvyoters desired to hive done. The next Legislature passed a Resolu-\\ntion inaugurating such an Amendment, which from the name of the\\n.gentleman who introduced the Resolution. Mr, Fiji ok, a Republican\\nmember from Pendleton County, was called the Flick Amendment.\\nAbout the same time, Congress passed the Enforcement Act.\\nTouching its --construction, and effect in our State, 1 published .the\\nfollowing.:\\n[Wo. a.]\\nTHE ENFORCEMENT ACT PASSED BY CONGRESS\u00e2\u0080\u0094\\nJUDGES BOND AND JACKSON S .INTERPRETATION\\nOF IT.\\n(Editors Wheeling Register::\\nI have read the above Act, and cenflictir.g opinions of the above\\nnamed Judges upon it. Judge Bond makes the words without dis-\\ntinction of race, color, or previous condition of servitude, in the first\\n\u00e2\u0080\u00a2section, reit^iciire of the preceding language, viz that c/J citizens\\nof the United States who are er who shall be otherwise qualified by\\nlaw to vote at any election by the people in any State, c, 5 shall be\\n\u00e2\u0080\u00a2entitled and allowed to vote at all such elections, and limits the effect\\nof the section to the prevention only of distinction being made on\\n^account of the causes named, and limits the offence and penalty cor-\\nrespondingly while Judge Jackson holds the wordb first above quo-\\nted net restrictive of the general terras preceding.\\nIt seems to me Judge Jackson is right in his interpretation that\\nthe words without distinction of race, color, or previous condition of\\nservitude cannot, in the common acceptation of language, or by the\\nwell established rules of construction, limit the right of all citizens\\notherwise qualified to vote, nor exempt any officer preventing such\\nvoting, from the prescribed penalty.\\nIf our Legislature should pass an act granting citizens twenty-\\none years ot age a -right to retail spirituous liquors without distinc-\\ntion of race, color, or previous condition of servitude. and make it\\nthe duty of certain officers to giant licenses to those qualified as\\n-aforesaid, and impose a penality for failure to perform, would there\\ne any doubt that in such a case the words last above quoted, would", "height": "4160", "width": "2516", "jp2-path": "formationofstate00park_0_0425.jp2"}, "426": {"fulltext": "412\\nbe mere surplusage or redundancy, and in no sense restrictive of tii6\\ngeneral grant to all citizens twenty-one years of age? And con] J\\nan officer withhold license from any citizen twenty-one years of age,\\nwithout incurring the penalty? Certainly not. But if the Legislature\\nhad, in express terms, confined the penalty to cases where officers\\nshould withhold license because of race, color, or previous condition\\nof servitude, then the construction would be different, and liability\\nand penalty limited to withholding license for that cause only.\\nOr if A. grants to B. all his stock of cattle then being on his faitq\\ncalled C. without distinction of color, age, or sex, it is clear these\\nlast words would not restrict the grant; but all A. s cattle on farm C,\\nwould pass, whatever might be their size, weight, breed or other dis-\\ntinguishing qualities not mentioned or particularized. The phrase,,\\nwithout distinction of color, age, or sex would be in such case, mere\\nsurplusage and not restrictive in any sense of the general terms of the-\\ngrant.\\nThe phrase without distinction of race, color, or previous condi-\\ntion of servitude, as used in the act in question, is by no means use-\\nless, for in its peculiar connection it extends to colored citizens the\\nsame privilege of voting the white men have, which in many of the\\nStates they had not before but beyond this, it can have no effect y\\ncertainly not to limit or restrict the general terms that precede. Ev-\\nery citizen, therefore, of West Virginia otherwise qualified to vote/\\nthat is, having the age, sex, residence, freedom from participation in,\\nthe rebellion, c, that our Constitution and laws require, comes,\\nwithin the act, and any officer debarring him of the right the ac$\\nconfers, is liable to the penalty, it seems to me. And the Title of the\\nact, and its other parts, are irreconcilable with any other construction.\\nThe second section makes, in express terms, the duties of all reg-\\nistering officers, and penalties for failure therein, commensurate with\\nthe right conferred by the first.\\nThe third section makes it the duty of the presiding officer at the\\nelection, under like penalty, to receive and count the votes of every\\nperson wrongfully debarred registration, upon presenting his affidavit*\\nstating his application for registration, the time and place that he was\\nwrongfully refused, and the name of the officer refusing, c, as pro-\\nvided in said third section.\\nEspecially, is the. protecting aid of such an act needed in. Wes-t", "height": "4160", "width": "2716", "jp2-path": "formationofstate00park_0_0426.jp2"}, "427": {"fulltext": "413\\nVirginia, where partisanship has placed the appointment and control\\npf the registering officers in the hands of one man, and, in effect,\\n^solves them from personal liability for injuries committed,\\nVery Respectfully,\\nG. P.\\nSeptember 23, 1870,\\n[No. 2.]\\nENFORCEMENT ACT PASSED BY CONGRESS,\\nfLditors Wheeling Register\\nI was not a little surprised to see the party that enacted the\\nenforcement act raise a question as to its Constitutionality. I con-\\nfined my few remarks to its legal construction. There can be no\\ndoubt the Supreme Court of the United States will sustain the con-\\nstruction we contend for, and hold that Congress had the tight to\\npass it under the broad, if not wholly discretionary power, conferred\\nby the following clause, contained in both the Fourteenth and\\nFifteenth Amendments of the United States Constitution, viz: The\\nCongress shall have power to enforce this article by appropriate\\nlegislation. Certainly, there is no such palpable inappropriateness\\nas would justify interference by the judicial power, in the exercise of\\nits purely judicial functions, Moreover, that court must hold the\\ninfamous and disgraceful features of their registration law void, for\\nbeing wholly unauthorized by the letter and spirit of the State Con-\\nstitution.\\nOne word as to the way to get the question before that court\\nabout which many, myself included, were uncertain. After a careful\\nexamination of the law it seems to me clear that our Federal Circuit\\nand District Courts have concurrent jurisdiction in both civil and\\ncriminal proceedings under it. If proceedings are instituted in the\\nDistrict Court, writs of error lie from its decision to the Circuit Court,\\nwhere it will be for Chief Justice Chase and Judge Bond to revise\\nand decide, and if they disagree as to the construction of the act, it\\nbecomes their duty on request of either party, to certify the point of\\ntheir disagreement to the Supreme Court for decision. If the pro-\\nceedings are originally instituted in the Circuit Court, Judges Bond\\nand Jackson, and perhaps Chief Justice Chase will be present and\\nonly the two former and they disagree as to the construction, it", "height": "4160", "width": "2556", "jp2-path": "formationofstate00park_0_0427.jp2"}, "428": {"fulltext": "414\\nbecomes their duty trr-ee^rtify the point in the maimer before stated,\\nto the Supreme Court. either course the Supreme Court can be\\nreached, so far as regards the legal construction of the act. The\\n-damages to the part)- wrongfully rejected to be recovered in an action\\non the case in his name, and the penalties enforced by indictment,\\n.and in some cases by filing information merely.\\nThe second and third sections of the Enforcement Act show what\\nsteps those legally qualified by our .State Constitution are required to\\ntake. These should all be seasonably and carefully taken. None\\nbut those clearly qualified should attempt, for the Act bristles all\\n\u00e2\u0080\u00a2over with penalties. The prerequisites all done, the party can pro-\\nceed against both Registering Boards and conductors of the election,\\nand have the decisions of both revised, upon a full hearing of the\\n-evidence by impartial juries in the Federal Courts, in the manner\\nbefore stated. So it strikes me.\\nOur people, then, whose motto is Mountaineers are always free,\\npossess the power to rid the State and themselves of the despotism\\n\u00e2\u0080\u00a2of the one man power, which the dominant party pledged itself to\\nremove a year ago, as well as to inaugurate an amendment enfran-\\nchising ex-rebels, and upon that pledge secured the last Legislature\\nand still they have made no attempt to abrogate this one man pow-\\ner, and through a most singular omission on the part of the Execu-\\ntive to publish, as the Constitution requires, the amendment inaugu-\\nrated last winter may have become defunct.\\nVery Respectfully,\\nG. P.\\nSeptember 26, 1870.\\n[No. 3.3\\nTHE ENFORCEMENT ACT PASSED BY CONGRESS.\\nEditors Wheeling Register\\nA few words more in answer to the claim made that a true con-\\nstruction of said act necessarily limits its effect to the Fifteenth\\nAmendment. Let us see what that Amendment is. It reads thus:\\nSec. 1. The right of a citizen of the United States to vote shall\\nnot be denied or abridged by the United States, or by any State, on\\naccount of race, color, or previous condition of servitude.", "height": "4160", "width": "2716", "jp2-path": "formationofstate00park_0_0428.jp2"}, "429": {"fulltext": "m\\ntx f. The Congress shall have power to enforce tins Act hf\\nfippro p ria te legislation.\\nNow I submit, any legislative body intending to enforee this-\\nAmendment only, would ba\\\\ r e enacted merely the language of the\\nfirst section of the Amendment,- and prescribed suitable penalties,-\\nsecuring its faithful observance. Three or four short sections would*\\nhave said all deemed necessary by any sane mind. But instead, the*\\nEnforcement Act contains twenty-three sections and covers nearly\\none page of a good sized newspaper.- To ascribe such a purpose as-\\nis claimed, would- sti:4tify Congress and grossly pervert the language*\\nused,\\nThe Title whose objsct is to indicate the substance and purpose ot\\nIhe Act,- and is always considered an important key for opening its-\\nmeaning, reads thus An Act to enforce the right of citizens of\\nthe United States to vote in the States of this Union,- and for other-\\npurposes/\\nIts first section then opens:- That all citizens of the United;\\nStates who are or shall be otherwise qualified by law to vote, e*\\nWhat law had qualified male African citizens to vote The most-\\nobvious and natural meaning of this in the connection, is, I submit\\nHaving the other qualifications, other than and beside citizenship^\\nwhich is one indispensible requisite. A far more natural and reason-\\nable interpretation than that they contend for, viz Otherwise thai*\\ndistinction of race, color, or previous condition of servitude. What\\nknown substantive qualification for voting does such distinction\\nrepresent It is a mere mental abstraction, and not the substantive,-\\npersonal, quality the word otherwise calls for or has relation to.\\nSuch a mere airy abstraction cannot be that part wanting, indicated\\nby the word ^otherwise, to complete a full qualification to vote.-\\nAnd if this interpretation of the effect the word otherwise has,\\nshould be sustained,- then aU the adull colored citizens would be ex-\\ncluded, for they are not as a- general thing, otherwise qualified\\naside from being citizens and only those remaining would have to\\nVote without distinction- of race,- color or previous condition of ser-\\nvitude. according to the Enforcement Act. This would be sad\\nIn deed, after so much labor and fuss,- The dominant party had\\nbetter, it seems- to me, forego what they expected to gain at the com-\\ning election by manipulating the registering officers through the r\\n*one man power, and give to all citizens, white and black, justly\\n\u00e2\u0080\u00a2qualified, under? our State Constitution,, or designed to be so by the", "height": "4160", "width": "2556", "jp2-path": "formationofstate00park_0_0429.jp2"}, "430": {"fulltext": "titteerith Amendment\u00e2\u0080\u0094 a fair and equal chance to tote. Thfa f\\ntmderstand is all the opposition ask. But if they decline\u00e2\u0080\u0094 if they\\ninsist on practicing their iniquity as heretofore, then I say, and know\\nall honest m en will agree with me, make them pay the penalties the\\nEnforcement Act pro v ides.- The nineteenth, twentieth and twenty-\\nfirst sections show that Congress assumed to exercise unqualified\\ncontrol over State elections at which Representatives to Congress*\\nshould be elected; (and such will be our coming election); and make\\nIt a crime in arty person; includiitg Governor and other State officers,-\\nto hinder by any m eans, including advice or coun-sel,- those lawfully\\nqualified by law, from voting, or assisting those to vote, who are not-\\nqualified, and affixing as a penalty imprisonment or fine; or both.\\nDistinction of race, color or previous condition of servitude, is not\\nmentioned or referred to in these sections. Congress claims it as a\\nNational right, and its authority, the whole Constitution and even\\nOur State officials, including their one man who holds the ballot\\nbox and sword is not exempt, nor are our present members of Con^\\n\u00c2\u00a3ress who must certainly know what Congress meant bv v the Enforce-\\nment Act,- exempt. They may be caught in the snare they helped to\\nset. Where is Senator EotreMaN, and his famous circular,- so full of\\ngratuitous courrsel and advice\\nVery Respectfully,-\\nSeptember 30, 1870/ G. P.\\n[No- 4.]\\nENFORCEMENT ACT PASSED BY CONGRESS.\\nEditors Wheeling Register\\nThe Intelligencer of yesterday would seerrf to concede the correct-\\nness of our construction,- but denies that Congress had authority to\\npass it/ and demands that s ome one point out the authority. This is\\na singular position for one that wants to be 6on side red the leading-\\npaper iii trie State, to take,- and call: on others to show its ptfrty had not-\\nviolated the Federal Constitution However its party has been in\\nthe habit of compelling irs to prove negatives, or be disfranchised,\\nand as the Act in question happens to be one of the few passed by\\nCongress of late years, that would admit of a satisfactory answer to\\nthe call\u00e2\u0080\u0094 refer to the last clause of the first section of the\\nFourteenth Amendment, which reads thus; No State shall den}- 10\\nany person- within- its jurisdiction* the equal protettion of the laws.", "height": "4160", "width": "2716", "jp2-path": "formationofstate00park_0_0430.jp2"}, "431": {"fulltext": "417\\nThe last section of the same amendment makes it the express duty\\nof Congress to see and take care that no State denies this legal pro-\\ntection of the law. which law in our State is our State Constitution as\\namended. This gives the qualification and defines the right, and by\\nproper construction gives to all male adult resident citizens prima\\nfacie the right to vote, of which he can be deprived only by the\\nState or its officers proving affirmatively that the applicant comes\\nwithin some one or more of the exceptions named. The proper en-\\nforcement oi this right is what Congress intended to do by the En-\\nforcement Act in our case. And in view of the published opinion of\\nthe Intelligencer a year ago, of the iniquitous working of our State\\nregistration law, I can t think its editors will regard it as inappropriate\\nor unauthorized.\\nThere is then Sectiori 4, Article t of the United States Constitu-\\ntion, which reads thus The times, place and manner of holding\\nelections for Senators and Representatives shall be prescribed in each.\\nState by the Legislature thereof but the Congest may at any time,\\nby law, make cr alter suck regulations except as to the place of\\nchoosing Senators.\\nHere is express authority for Congress altering the mariner and\\nregulations^ of holding State elections hxed by the State, at which\\nRepresentatives to Congress afe to be chosen. This clause certainly\\nauthorizes the 19th, 20th, 21st and 22 d sections of the Enforcement\\nAct, which forbids all persons embracing State officials and Congress-\\nmen, interfering in such elections.\\nIt seems to me your correspondent Justice. in his able article in\\nFriday s paper, errs if he means to be understood that no matter\\ntouching the Enforcement Act is revisable by the higher Federal\\nCourts. Civil actions for the reeoverv of the \u00c2\u00bb\\\\soo damages are re-\\nmovable by writ of error from the District to the Circuit Court. See\\nBriohtly s Digest^ page 257, section 2.\\nVery Respectfully,\\nOctober 4, iJ^o^ G. P.\\nAt the eleciiom that Fall tfle opposition secured a majority m the\\nLegislature, which convened the 17th of January, 1871. This Legis-\\nlature gave its consent to the Amendment proposed by die previous\\nLegislature, and provided Mr submitting it to the People tor Rat/ilka-", "height": "4160", "width": "2516", "jp2-path": "formationofstate00park_0_0431.jp2"}, "432": {"fulltext": "41$\\nkon the fourth Thursday of April following\u00e2\u0080\u0094 when the same\\nratified by a very large majority, though many of the old fogv politi-\\ncians disapproved, or openly opposed the Ratification Thinking\\ndoubtless it would interfere with their ulterior scheme. The same\\nLegislature the 23d of February, 5-871, passed an Act for taking the-\\nsense- of the People, the fourth Thursday of Augtsst then next, upon\\nthe call of a Convention- to alter the Constitution of the State and\\nif called the delegates chosen to assemble at the seat of Government\\nthe third Monday of January,, 1872 in general Convention, with pow-\\ner to consider, discuss and propose a new Constitution^ or alteration\\nand amendments to the existing Constitution of the State.\\nTouching the pending Amendment enfranchising ex-rebels, the call-\\nand the final work of such Convention, I published what appears im\\nthe sequel upon these subjects.\\n[No. ij\\nenfranchisement;\\nMdtf r Cabell Co iinty Press\\nI read in the Press of the 5th ult, with much interest, your manly r\\narftd tM seems to me wise remarks upon what is called the Flick\\nAmendment. I know a very large majority- of our people are i\u00c2\u00bb\\nfavor of the r@sult that that amendment,- if carried through,- will pro*-\\nduce, viz the enfranchisement of all, otherwise qualified, that are\\nnow disfranchised. It is- true, there has been a serious defect in the-\\npublication required by the Constitution* A neglect on the part of-\\nthe officer charged with the duty, -io move a$ all for eight or- ten days-\\nafter it is too late to give the at least three monfhs notice, required\\nby the Constitution, the Courts must regard, it seems to me, as ma-\\nterial defect and quite distinguishable from a case where such-\\nofficer has seasonably moved and discharged his duty, but through-\\nmiscarriage of letters, or fault of publishers of newspapers, the\\nnotice failed to seasonably appear in all the papers the Constitution-\\nrequires. In the latter case, the Court would hold a substantial conv-\\npliance.", "height": "4160", "width": "2736", "jp2-path": "formationofstate00park_0_0432.jp2"}, "433": {"fulltext": "4111\\nBut as the wish to have the thing accomplished is so unatiimotis^\\n\u00e2\u0096\u00a0there is none, or but very few to complain. And even if any one\\nshould be so hostile and persistent as to carry the question before\\nthe courts, the defense would be at liberty to avail itself of any de-\\nfect existing in the amendment the last is designed to abrogate. The\\ncourse therefore, that you ask $0 have taken in behalf of yourself\\nand others disfranchised appears to nae, wise, ingenuous and just,\\n\u00e2\u0080\u00a2commanding my entire sympathy; and I doubt not, a large majority\\nof the enfranchised, feel as I do.\\nI have carefully read the remarks of the now dominant party who\\npropose to abrogate the disfranchising amendment by a joint resolu-\\ntion, to be passed by the coming Legislature, on the ground, it is\\nvoid for not having been submitted for ^ratification to all who would\\n-have been legal voters, in case the late rebellion had not taken place,\\nand rely upon Section 6, Article z, and Section Article 3, of the\\nConstitution which went into operation June 20, 1863.\\nThis raises the question that was so much discussed during and\\nsince the war, viz did persons, who were citizens of the United\\n-States, by joining the rebellion and committing the overt acts which\\nconstitute treason, thereby forfeit their right to participate in, vote\\nin, and help to run the government they were warring against that\\nis to vote with one hand, while they drove daggers to the heart of the\\nGovernment with the other. Every individual and department of\\nGovernment, National and State, adhering to the old Government,\\nhave decided they did so forfeit, and thereby losing the attributes of\\ncitizenship of the United States, they never come within the sections\\nof our Constitution before quoted. Old Virginia was re-organized\\non that principle, the New State formed on that principle, and the\\nre-organization and reconstruction by the National Government since\\nthe war, have all proceeded on that principle.\\nIt would seem to me unwise for the party jusit coming into power\\nin our little State, to butt its head against all these, at least, until it\\nhas tried the measure its opponents have inaugurated, waiving the\\nomission that party permitted. The party that inaugurated the\\nmeasure, certainly will not plead the omission, but on the contrary,\\ndo all in its power to consummate the measure.\\nScrupulous as I am against sanctioning any measure that does not\\n\u00e2\u0080\u00a2appear to me to conform substantially to the requirements of the\\nConstitution, I should in this particular exigency, vote for the ratili-", "height": "4160", "width": "2512", "jp2-path": "formationofstate00park_0_0433.jp2"}, "434": {"fulltext": "420\\nRation, under the belief that its approval would be so unanimous :t\\nto embody the popular will.\\nThe objection made by some to the proposed amendment, because\\nit strikes out the word white, now that the negro has become in fact\\na voter, must look to you and others desiring relief, and in fact to all,\\nmore fastidious than wise, I should think.\\nYou speak of a Convention to revise the Constitution. No such\\nConvention can be held unless the people, by their votes shall first\\norder it. I do not believe they, even after the disfranchised are re-\\nstored, will be disposed to order such a Convention, but will choose\\nto correct any present existing defects by specific amendments, pro-\\nposed by the Legislature and ratified by themselves,\\nVery Respectfully\\nG. P,\\nJanuary 2, 187\\n[No. 2.J\\nSHOULD WE RATIFY THE FLICK AMENDMENT\\nEditors Pa?i-Handle News\\nThis question the Legislature decided to submit to the vote of the\\nPeople. If the Flick Amendment to be submitted next month shall\\nbe ratified, it will restore to full Political Rights, all heretofore dis-\\nfranchised for Participation in the late Rebellion, being many thous-\\nands, and enough as the Political parties in the State now stand, to\\nhold the balance of power, if united, Two considerations seem to\\nsuggest themselves\\n1 st. What does sound State policy require of us who are to act,\\nwhether Politicians or no Politicians\\n2nd. What does party expediency require of such as act from mere\\nparty considerations\\nThere is no one I think who will deny that sound State policy re-\\nquires their restoration now, and if there has been error in this re-\\nspect, it consists in having deferred too long already. Nor does it\\nseem to me the second question is less clear, when the members of\\nboth Political parties consider the aspect and situation of those in\\nrelation to whose rights they are to act. They, as a general thing,\\nare Confederate Soldiers, who, during the late Rebellion, left their", "height": "4156", "width": "2724", "jp2-path": "formationofstate00park_0_0434.jp2"}, "435": {"fulltext": "homes, families and property, joined the Confederate Army, and\\nhazarded all, including life, in the terrible struggle. There can be no\\ndoubt the great mass of these acted from conscientious motives; and\\nhowever much error there may have been in the judgment, or\\nwant of success in the undertaking, they were in down-right earnest,\\nor they never would have sacrificed or hazarded what they did. Be-\\nsides, the discipline of such a terrible experience, necessarily changed\\nin no small degree, their thoughts and characters substituting clear\\ncool reason, for heated prejudice facts and realities, for extravagant\\nfancies. The discipline of those who went to the Front must have\\nbeen as thorough as it was severe. Their Political and Party sym-\\npathies became modified or destroyed. They returned home after\\nsurrender, resolved to accept the great changes wrought during their\\nabsence, submit to them, save what they could of their property, and\\nmake the best provision possible for themselves and families under\\nthe new state of things, in whose success and prosperity their Future\\nas well as that of their Families, had become identified.\\nSuch it seems to me is about the feelings and views of a large ma-\\njority of those on whose future Political rights we are to act. They\\nare altogether different from the stay-at-home heroes and sympathiz-\\ners, who having eyes, seem to see not the great changes that have\\ntaken place.\\nThe Disfranchised are qualified and will be quick to discriminate\\nbetween real and pretended friends, between them who turn out and\\nvote for the Amendment for their sakes, and those whose indifference\\nkeep them from the Polls, or who suffer some senseless whim or\\nprejudice to cast a vote against. The disfranchised have carefully\\nmarked the motives and efforts hitherto of the originators and sup-\\nporters, as well as op posers of the Measure, and will continue to do\\nso in future, and reward accordingly. A friend in need is a friend\\nindeed, becomes to them intensely real.\\nSuch I believe to be the character of the Disfranchised and their\\nviews and feelings in regard to the Flick Amendment, and that both\\nsound State Policy and Party expediency call on every voter to turn\\nout and vote for its Ratification.\\nAs regards the Expediency of a Convention to revise and remodel\\nour Constitution, I may say something hereafter.\\nVery Respectfully,\\nG. P.\\nMarch 31, 1871.", "height": "4160", "width": "2556", "jp2-path": "formationofstate00park_0_0435.jp2"}, "436": {"fulltext": "422\\nHOW OUR PECULIAR FORM OF GOVERNMENT RE-\\nQUIRES ITS YOUTH TO BE EDUCATED.\\nEditors Wheeling Intelligencer\\nNo good citizen can stand indifferent to this subject now. He\\nsees his government, though so young, is already hardly second to\\nany on earth, in power, wealth, and influence. He sees its structure\\nis unique and antagonistic in form and purpose to the other great\\npowers. He sees, therefore, what it achieves it has got to do for\\nitself, not only without the aid, but in spite of the active opposition\\nof the other great powers, united in holy alliance to uphold and\\nperpetuate their antagonizing systems. He sees that ours is an ex-\\nperiment heretofore tried, but to fail the governed being at the\\nsame time the governors, or sovereigns as we say the people them-\\nselves holding the sovereign power, and enacting and administering\\nthe laws, through agencies whom they appoint, and whose powers\\nand duties are defined in written Constitutions.\\nIn view of these facts, no one can help feeling how important it is\\nthat the coming voters, who are to be the sovereigns, should be prop-\\nerly educated and trained. The history of the race points us to the\\nkind of men who make the best rulers they are those who are most\\nnormally and harmoniously developed, physically, intellectually, mor-\\nally and religiously, with their animal natures subjected to their high-\\ner faculties masters of themselves\\nNo one, I think, will say, it is not desirable that our voters should\\nattain to this standard while every one concedes that the continu-\\nance and success of Napoleon s and the Czar of Russia s despotic\\nrule, would not admit it at all. They require their subjects to be so\\neducated, trained and moulded, as to make obedient and submissive\\nsubjects to Sovereigns, whose right they are taught to believe, is\\nDivine or their despotisms would soon cease. Hence it is seen the\\ntwo forms of Government require entirely different modes of educa-\\ntion and training. Indeed, our coming sovereigns should be educat-\\ned and trained in the mode Napoleon and Alexander are educat-\\ning and training their sons, whom they expect to succeed them, only\\nnot, of course, in so high, broad, and varied culture but as far as", "height": "4160", "width": "2728", "jp2-path": "formationofstate00park_0_0436.jp2"}, "437": {"fulltext": "they do go the education and (raining of our youth should be the\\nsame, to the end they may be wise Legislators, and at the same time\\nobedient to the laws they help make.\\nNow, in order to thus train awl develop oar youth, they should be\\ntaught\u00e2\u0080\u0094 what I answer emphatically,- the Truth on all subjects\\nwhich every human soul, unpef verted by human agency, naturally\\nloves, grows, and thrives upon. This is as necessary to healthy, nor-\\nmal growth and development of our intellectaial,- moral, and religious\\nnatures, as good nourishing food, pure water f and fresh air are to our\\nphysical. The infant mind, before it has been perverted, has an\\nequally natural, innate desire to rind out the cause and reason of\\nthings. First, by its iaste, which is awakened by the Mother s breast,-\\nand so it tries everything by putting it to its mouth. Then by\\ntouch\u00e2\u0080\u0094 and how constantly it keeps its little hands agoing. Hand it\\na rattle, and sbow it how, and with how much glee it will make it go*\\nfor a short time, when it stops and begins to examine for the cause\\nthat makes it rattle open the rattle and show the cause, and what\\njov beams from its little face. But it soon- throws it down and cries-\\nfor something new, for its instinct tells it there is no time to lose, as-\\nit has got everything to learn. How early, and bow easily the smile\\nof the Mother awakens responsive smiles upon its dimpling face. It\\nseems to smile all over, and so sincere and deep.\\nNow this is humanity as it comes tonrs from God s hand. And is-\\nit any wonder Jesus so loved little children, and selected them so-\\noften to typify the Kingdom He came to establish No one need\\ntell me there is not in these little ones what, may be educated and\\ntrained into noble manhood and womanhood. It is the errors in the\\nculture they receive that,- in- no small degree,- produces the abnor-\\nmalties in soul and body which we witness. As the twig is bent, the\\ntree inclines a few early touches serve to give shape and direction\\n1o the whole after character. Truth, which is God s law, and is\\nalways simple and harmonious, and readily adjusts itself to the com-\\nprehension and love of the pure in heart, though an infant child,,\\nand feeds and nourishes, and makes both mind and heart to grow in\\nsoundness- and strength, and produce such youth as are required to*\\nbe Sovereigns in- our Government.\\nBut if it be required to educate and train them to become obedient\\nand submissive subjects of despotic power, we should feed their in-\\nlellectual *ud moral natures with awe-inspiring, incomprehensible", "height": "4160", "width": "2516", "jp2-path": "formationofstate00park_0_0437.jp2"}, "438": {"fulltext": "m\\nthings, in order to muddle and paralyze the reasoning faculty after\\nwhich it is easy to corrupt, mould and use the balance and to this 1\\nend, employ large Corps of Ecclesiastics to crarft their heads with the\\nNicene creed, Westminster Catechism, and Confessions of Faith/\\nand thereby engulf, of enshroud, in Theological mysticism, God s\\ndivinest gift; the reasoning faculty,- and destroy individuality making\\nthem tools and things m the hands of a subsidized Priesthood, and\\nsubmissive subjects to a tyrant s yoke, who may be said to own them,-\\nand whose right to do so they are taught to believe is divine. But\\ntotally different are the needs under our Governnlent, where the\\npeople themselves own the Government, and in which they alone are\\nSovereign.\\nI think all will concede that histofy show s these subsidized orders of\\necclesiastic s in the hands of despotic rulers^ have proved themselves-\\nto be the vilest and cruelest of men. Do we the people, who are\\nour own rulers, stand in need of their like\\nIf I am right it would seem to follow that Educators and Teachers,-\\ntinder our institutions^ whether ecclesiastical or secular, should strive\\nto build up in our youth the largest, and most normally developed\\nmanhood and womanhood possible and that efforts otherwise di-\\nrected, render the authors hurtful in the highest degree^ in view of\\nthe wants of our Republican Institutions. Nor can our Educators\\nexpect salutary aid from the like class of persons who operate under\\nGovernments altogether antagonistic in- form 1 structure and purpose,\\nUnless it should be by antithesis.\\nIn building up rfien worthy to be sovereigns in our Government^-\\nevery true rrran must feel how much is devolved upon our women\\nmothers especially. May we not hope that they will become disen-\\nthralled of present anti-christlian, embarrassing, man-made theologies*-\\nand adequately appreciate, and be content with, so broad and exalted\\na mission\\nVery Respectfully,", "height": "4160", "width": "2728", "jp2-path": "formationofstate00park_0_0438.jp2"}, "439": {"fulltext": "K(1W IMPORTANT IT IS THAT WE HAY E CORRECT\\nIDEAS OE GOD.\\n.Editors Pan-Handle News\\nAll our experience teaches and our very constitutions require, that\\ntheory, Ideal,- or plan,- formed in our minds, precedes and gov erns our\\npractice, or action. We cannot act at all as rational beings, unless\\nin this way, even in the most ordinary matters\u00e2\u0080\u0094 as taking our accus-\\ntomed meals,- taking a pleasure ride, or visiting a neighbor. The\\nmind first determines what is to be done. Every one who takes any\\nnote of himself, must feel this to be true.\\nNow if that theory, plan or ideal, first fofrrted in the mind,- be true\\nand in harmony with God s Laws, then the practice, the work accom-\\nplished in accordance with it,- will be successful and pleasurable and\\n\u00e2\u0080\u00a2as nearly perfect as man; in his present state, can attain. This course\\nis the straight and narrow Way, as there can be but one, right way,\\nWhile we know the departures from this are numerous and these\\ndepartures constitute the broad way. When the Theory, plan, or\\nIdeal, formed by the mind, is m conflict with God s Laws, and the\\npractice or action conforms, (is it must unless it be aimless,- or ran\\ndom action)\u00e2\u0080\u0094 there will necessarily be failure; disappointment and\\n\u00e2\u0096\u00a0discomfiture; Builders of Material Structures of every description,\\n\u00e2\u0096\u00a0who are worthy of their calling, work in this way. The Naval,- House\\nand Machine builder, alike. These first form their models or plans.\\nAnd so with Statesmen and political Economists in the Measures^\\nConstitutions and laws they a dopt.\\nExactly the same principle applies in building u p human character\\nthe germ of which lies in the new born infant; full of capabilities, and\\nwith instinctive yearnings for the Right and the True in Gad and\\nNature; but to be reared and fashioned,- first by those immediately\\nabout it,- and then by the child.- for himself. The highest and most\\ncontrolling- model or ideal humanity has to fashion after hi building up\\ncharacter, is its God. The attributes ascribed to Him in each case,\\nparent, teacher and child will aspire to imitate, but never to excel,\\ntor He is to them., perfection itself, If the God of the parent or\\nteacher be the vengeful, fickle and cruel Pcspot of the Old Test-\\nament, or John Calvin, he will not fail to impress Him as the high-\\nest ideal of perfection and aspiration, on the plastic and susceptible", "height": "4160", "width": "2516", "jp2-path": "formationofstate00park_0_0439.jp2"}, "440": {"fulltext": "infant mind, so unfortunate as to fall into such hands. Just so it is?\\nwith all the present religious Sects in our country. Each strives to\\nimpress its own peculiar ideal of God and 1 His attributes upon the\\ninfant mind. Like insects, each strives to deposit its own egg how-\\never noxious. The professed believer in the A^thanasian creed, es-\\ntablished by pagan Constantink at Nice i* the year 325, and\\namended afterwards by adding a third person* called the Holy\\nGhost to their firm of the God-head,- thereafter called the Holy-\\ntrinity, v/ith the idolatries and fooleries peculiar to each subordinate\\nspecies or sect or that other class who see and feel that another\\n8*m of Righteousness is rising, but like the faithless and cowardly\\n(not blessed Peter., they have not the courage or unselfishness to\\nfoae the prejudice and ignorance that would arrest ks progress, and 1\\nshut out its beams from yearning Souls.\\nThe supreme ideals of the foregoing,, are as much unlike the one\\nliving and true God,, that Science and true philosophy with the recent\\nRe veal merits,, have- displayed, as were the heathen- idols, and far\\nmore debasing; for the latter were regarded as only imperfect Sym^-\\nbols, suggestive of true Deity while the former are regarded as, and\\ntaught? be, Deity itself.\\nI am brought to this conclusion: that the human character and*\\nmind can- no more attain healthy r normal growth with such false ideals*\\nof God to pattern- after, than the sensitive glass of the photographer\\n\u00c2\u00aban produce the form oi Apollo- when that of Hunchback is placed*\\nbefore it or indian corn grow, ripen and mature, beneath the spread-\\ning branches of the oak, or deadly upas and that either this false\\ntheology ,-or American character and mindy must go down-\u00e2\u0080\u0094 nor have I\\na doubt which* it will be;\\nI know the advocates of the present pseudo theology- have the ar-\\nrogance to claim that their doctrine and teachings have been the main-\\ncause of the advancement that humanity has made under our Free,-\\nTolerant Institutions. Nothing, is further from the truth.- Our na-\\ntion has advanced in spite of theirs and their theology. Its advance-\\nis attributable to our free and inspiring civil Institutions,- dissevered!\\nand divorced from every form of their theological Dogmas, mummery,\\nand clap-trap and to our system of Free Schools. The latter, the:\\ntheological profession, including Protestant no less frhan- Catholic,\\nwould abolish to-morrow if they had the power; for the plain reason\\nthe radiating light from the one must inevitably destroy the darkness\\nand ignorance on which so monstrous a Theology depends. Thig", "height": "4176", "width": "2716", "jp2-path": "formationofstate00park_0_0440.jp2"}, "441": {"fulltext": "427\\n^effulgence of noon and darkness of midnight are not less reconcilable.\\nMark I speak of the fabricated, patched up Theology, as embodied\\nin their creeds, to the truth of which they make their benighted, or\\n\u00e2\u0096\u00a0corrupt followers, before God and the worid, accept, swear, or con-\\nfess to\u00e2\u0080\u0094 and not of the little that is genuine and true, of the teachings\\nand life of Jesus, as it faintly gleams through their dark, bewildering\\nwrappings. This, I profoundly reverence, as I do every ray coming\\nthrough whatever medium, from the one living and true God.\\nAgain, where were these advocates and their theology during the\\nlate rebellion when the life of the Government hung as it were by .a\\nthread, as well as before and since. It is now apparent to all candid\\nminds, their influence North and South, did the most to bring it\\nabout. and that during the struggle, where these opposing theologi-\\ncal elements met, the right was most fierce and relentless. These,\\nthe most hostile of all the elements, were but a few years before,\\nparts of some one of the great National Sects. Those living in the\\nSlave States maintained that their theology sanctioned Slavery as a\\n.divine institution, while those in the Free States maintained directly\\nthe reverse that it was ,u the sum of all villainies and hence the\\n(unexampled fight Look then t\u00c2\u00a9 the conduct and feelings exhibited\\nan time of peace, among their different rival sects. And then, judging\\nthe tree by its fruit, say, dear reader, whether in your conscience\\nyou believe their system of theology represents correctly the one onlv\\nliving and true God, or a false God, of human manufacture, with his\\ndeformities and imperfections impressed upon the minds and charac-\\nter of his worshipers for k .is invariably the case, that the mental\\ncharacteristics of a people display the leading attributes ascribed to\\nthe God they worship. Then glance at its history from the reign of\\npagan Constantine, its author, to the present; and mark how it has\\ntreated the discoverers and revealers of the great truths in science\\nand philosophy that have advanced civilization to its present condi-\\ntion. Look at the condition of the present people of Rome, Spain.\\nPortugal and other countries, where thek theology has held largest\\ncontrol in both spiritual and civil matters.\\nNor has the theology of these peoples been essentially different from\\n\u00e2\u0080\u00a2the so-called orthodox theology in this country. The creed, manufac-\\ntured in the year 325 and subsequently, is identical, in all essential\\nparticulars, with the Protestant orthodox creed in this country. The\\n\u00e2\u0096\u00a0clergy and their confederates are withdrawing the printed copies of\\niheir creed and confession of faith, as fast as they can, from public", "height": "4160", "width": "2564", "jp2-path": "formationofstate00park_0_0441.jp2"}, "442": {"fulltext": "428\\nview but nevertheless, they make them the sole criterion of thelf\\nfaith, and require their followers to confess, or swear to their truth,,\\nand be unmercifully church mailed if they backslide, or become\\nskeptic, afterwards. What crime does not this involve the controlling,\\nactors in What blasphemy to Deity, and wrong to man, to interpose\\nsuch a deformed and debasing creed between the yearning soul of a\\nfellow being, and the truth as it beams through all nature, from the\\nliving God And if the votary subscribes to it, feeling its falsity, he\\ncommits moral perjury, which, he that influences him to it, suborns.\\nBut I forbear to say more on a subject so abhorrent, The enlight-\\nened conscience of the candid reader will of itself point out the\\nenormity and magnitude of the guilt.\\nFor the teachers and followers of such a theology to claim that it\\nhas had anything to do but retard and repress civilization, under our\\nFree and Tolerant Institutions, can only be ascribed to the deformity,\\ninoral and intellectual, impressed upon them by so false a theology,\\nwhich I trust and pray the rising Sun of Righteousness may speedily\\nabolish, i?i tato, and forever. Remove the over-hanging shadows and\\nnoxious weeds from out our corn fields and gardens, let in the blessed\\nsunshine, and God will take care of the corn and the vegetables. He\\ncertainly does not require us to furnish substitutes for these, when\\nonce removed.\\nVery Respectfully,\\nG. P,\\nApril it, 187 j.\\nTHE BIBLE IN OUR FREE SCHOOLS.\\nfiditor of the Christian tyiion\\nA friend sent me the February number of the Christian Worhf t\\nand I have carefully read the different views and reasonings of all\\nparties to the controversy, relating to the Bible being read or used\\nin our Free Public Schools, which is contained therein, and must say,\\nthat it seems to me Mr. Beecher, Dr. Spear, and their associates\\nhave the best of the argument.\\nTaking the statement of Dr. R. W. Clark, their leading ad vet*", "height": "4156", "width": "2724", "jp2-path": "formationofstate00park_0_0442.jp2"}, "443": {"fulltext": "429\\ngarv, as line, (see page 50 of the number) the opposition composed,\\nns he says, of Catholics, Atheists and Infidels, number twenty\\nWill ions, which is one-half of our population, and are presumed to\\npay one-half of the taxes what other course can be taken but the\\none suggested by Messrs. Beecher, Spear and others Do the\\n\u00e2\u0080\u00a2twenty millions who insist on its continuance in the Schools, expect\\nto set at naught the opinions, equally conscientious it is to be pre-\\nsumecWof the twenty millions that oppose And this too on a sub-\\nject, the framers of our National Constitution abstracted wholly from\\nGovernmental interference, and left to individual conscience solely.\\nArticle 6rh, Section 3d, and Article 1st (of Amendments) of our\\nNational Constitution, is all that Instrument contains on the subject,\\nand warrants fully my statement. That Instrument contains no such\\nclause as Mr, Rankin says it does (see pages 43, 44 and 45 of the\\nnumber) viz Religion, morality and knowledge being necessary to\\na good Government, and the happiness of mankind, Schools and the\\nmeans for Education shall forever be encouraged nor any phrase\\nlike it. It is strange fair minded, intelligent men should commit such\\nan error. The State Constitutions are equally explicit in guarantee-\\ning freedom of conscience. The argument of Mr. Webster, made\\nunder the influence of a large fee, in the Girard will case, is equally\\nwithout value here. The opinion of the Court in that case, delivered\\nby the late Judge Story, affords the truer light, if the case be at all\\napplicable.\\nThe friends seeming to feel their weakness, attempt to fortify, or\\ndivert attention from the true issue, by affirming this move on the\\npart of the Catholics, Atheists and Infidels, to be only the first step\\nin a matured plan to destroy our Free School system altogether, and\\nat once or gradually, by getting a division of the money raised for\\ntheir support, among the different religious sects, so each may use its\\nportion for inculcating its peculiar religious tenets, which would prove\\nequally destructive to the system. Admitting this to be true, which I\\nhave no doubt is, so far as the Catholic Priesthood and bigoted devo-\\ntees are concerned, but no further how are we successfully to resist\\nthem By making up an issue with them on a question in which\\nthey clearly have the right, and must prevail in the end or waiving\\nthis untenable ground, and taking our stand at once on ground which is\\nright and tenable, and which we can and must hold at all hazards the\\ndefence and preservation of our Free School system as it now exists\\nSkillful managers, whether in the Forum or at the Bar, always scrupu-", "height": "4160", "width": "2516", "jp2-path": "formationofstate00park_0_0443.jp2"}, "444": {"fulltext": "430\\nlotisly avoid making false, untenable issues, when they have a good\\n\u00e2\u0080\u00a2case on tfae merits. The preservation of our Free School system\\nintact, of the character our Institutions contemplate\u00e2\u0080\u0094 constitutes the\\ntrue merits m the present case.\\nOf what character do these Institutions contemplate the Schools\\nshall be? Tfeey certainly leave the consciences of all citizens free in\\nrespect to Religion, and compel no one to contribute in any form\\ntowards the support of Religious Institutions, or worship. They leave\\nthis to the free choice of each individual, who is in this respect just\\nas free, so far as regards his Government, as he wculd be in a state\\nof nature, where there was no civil Government. And how happens\\nthis to be so with us, when in all European Governments it is made\\ncompulsory-? The answer is, with us the People are Sovereign, and\\nmake and control civil Government, which is only a common agent or\\narbiter, to which of course they surrender no more of their natural\\nright, than the temporal safety and protection of the whole require, in\\ntheir present condition. The preparation of their spiritual nature for\\nexistence beyond this life, our People have wisely reserved to them-\\nselves as individuals, for each to work out his own salvation, 1\\nthrough miuxta-ry association and means\u00e2\u0080\u0094 over which they expressly\\nforbid their Governmental agencies, exercising any control. This is\\nin exact conformity to the teachings of the Gospel, in which the idea\\nof the supreme importance of man as an individual first originated,\\n\u00e2\u0080\u00a2and from which our peculiar form of Government sprung.\\nWhen Const antine placed Christianity upon the throne of the\\nC/ESARS, he took from it this God given, developing principle, and\\nsubstituted the then existing dogma, that man was made not for him-\\n\u00e2\u0080\u00a2self and his God, but for the State, as a temporal power. The Ro-\\n;man Hierarchv continues to propagate the same dogma to this day,\\n-as do also the monarchies of the Old World, as far as they are able.\\nThe many made for one, or the few.\\nTo make the many submit to the will of this one man, or the few,\\nit became necessary for the Government, consisting of that one, or of\\n\u00e2\u0080\u00a2the few, to avail themselves of the superstitious element of our na-\\nture, and pervert, darken and dwarf the reasoning faculties of the\\nmasses hence the union of Church and State, and a necessity for\\nsubsidized and pensioned ecclesiastical orders. The dwafirng and\\ncruel effects of this policy, the great founders of our Institutions had\\nrealized, and they resolved to prevent its introduction into the new", "height": "4160", "width": "2744", "jp2-path": "formationofstate00park_0_0444.jp2"}, "445": {"fulltext": "fffid peculiar Institutions they were founding basing them on primi-\\ntive Christianity, whose diviue author uniformly declared His King-\\ndom was not of this world with free individual manhood and wo-\\nmanhood as the prime, ultimate object, to which civil Government,\\nthough a necessity auxiliary, should always be subordinate.\\nThey ea?ly saw the absolute necessity of the citizens, who were to\\ntake part in the Governmental agencies, being early possessed of the\\nEtft or ability ot educating themselves, mentally, morally and relig-\\nious]} and hence they established Free Schools, built School houses r\\nand passed laws levying and collecting taxes to support them \u00e2\u0080\u0094not so\\nmuch with a vUfw lo thus educate the citizens, which takes a whole-\\nlife tirne, and then only to make a beginning\u00e2\u0080\u0094 as to teach youth the\\nart, by wfekrb to fbtfs educate themselves, as every one must, after\\nacquiring the art. This art consisted in qualifying each to read and\\nwrite intelligibly Ibe English language, read useful books, the news-\\npapers, and 1 transact correctly ordinary business\u00e2\u0080\u0094 an art which ena-\\nbles each youth to add to his limited knowledge of things cognizable\\nby his five senses, or acquired through conversation-, and communica-\\nble in the latter mode only\u00e2\u0080\u0094 all that vast store of useful knowledge-\\nthat comes, and is imparted,- through printed and written language--\\nand numbers, or figures, when understood or skillfully combined-\\nAnd what should we think of the teacher of an art, music, for in-\\nstance, who selects lessons for his pupils,- which, without having any\\nespecial fitness to promote proficiency, should be offensive to the\\nconsciences of one-half his pupils and their parents I think none\\nof us would hesitate to call such teacher vezy unwise. It does not\\nseem to me our Governmental agencies have any right or warrant to\\ngo further than I have stated, while the existence and safety of such-\\nagencies require they should go thus far. But to compel me to con-\\ntribute money to educate mentally, morally, or religiously, my neigh-\\nbor s children- further,, can find no warrant, I submit, in our Institu-\\ntions -their purpose- and policy being to leave all youth thus on a\\nlevel, to their own resources and voluntary aid and such as possess-\\nthe genius and capacity entitling them to go further, will always find\\nthe means and those that have not, fa?? better stop where they are,,\\nas the great mass of our youth always must.- Garry the latter be-\\nyond, and they are likely to think themselves above manual labor, and\\nstill they are unfit to make an honest livelihood without it, and hence\\nmore likely to become idlers, loafers, beggars, paupers, convicts.\\nIf such then be the structure of our Political Institutions, what", "height": "4160", "width": "2524", "jp2-path": "formationofstate00park_0_0445.jp2"}, "446": {"fulltext": "432\\nfight can the course pursued by the monarchies of the Old tVoftty\\nwhich use Religion as a means to oppress the masses, give us on the\\nsubject What light their perverted and abused theology give to us\\nwhose Institutions are constructed in conformity to the primitive and\\ngenuine Gospel of Jesus? What right have the twenty millions\\nfriends to say to the twenty millions opponents, who pay equally\\ntowards the support of Free Schools\u00e2\u0080\u0094a particular version of the\\nBible must and shall be read in the presence of their children in\\nthese Schools,- when the latter conscientiously believe such version\\neither materially incorrect, or in part a mere fiction, as the Jews be-\\nlieve the Christian interpretation to be,- saying nothing of other forms-\\n\u00c2\u00a9f faiths entertained by portions of our citizens\\nVery Respectfully,\\nQ. P\\n[fro. f/f\\nTftE AlVlKNtMENT TO OUR NATIONAL CONSTITUTION\\n\u00e2\u0080\u0094PROPOSED BY THE EVANGELICAL CHURCHES OF\\nTHE COUNTRY.\\nEdilors Pan-Handle New s i\\nW e all admire and venerate the exalted characters of the Founders\\nOf our Institutions and this feeling increases as we see the con-\\nsummate wisdom of their plan verified by practical experience and\\nresults. For the evidence of the latter, I need only say, to our\\nAmerican citizens, look around yo u.\\nNow, does any one belie v our country would have become what\\nit- is, if these Founders^- in imitation of the persecuting despotisms\\nthey fled ffontf, had incorporated in that Instrument a State religion,-\\nto rriould the conscience and judgment of the citizen 1 and interpose\\nits arbitrary power between his free conscience and tfeason-^thereby\\nshutting out the truth as it beafrts from all nature, to his naturally\\nyearning and enquiring soul\\nThe Institutions they founded left the individual absolutely free,\\nsave such restraints as the Peace of the State required. They, as a\\ngeneral thing, made liberal provision for Free Schools wherein aH.", "height": "4160", "width": "2732", "jp2-path": "formationofstate00park_0_0446.jp2"}, "447": {"fulltext": "433\\nihduding the humblest, could without price, acquire the Art and\\nPower of educating themselves, intellectually, morally and religiously.\\nThis done, the Founders felt it safe to leave the youth to fashion and\\nbuild up their own character guided by parents, a divine instinct\\nwithin, and reasoning faculty and inspired by the free and equal\\npolitical Institutions placed around them. From these influences\\nhave been produced our Widest and Best men. The children of par-\\nents of every religious belief stand on equal footing, enjoying equal\\nprivileges, and equal protection. Thus conditioned and surrounded,\\neach child, with heart within and God o er head, is left free to\\nbuild up his own character. It is clear these great Founders had\\nfaith in humanity, and in its divine instincts, when unperverted by\\nhuman agency\u00e2\u0080\u0094and did not believe it was totally depraved. They\\nmust have believed that humanity possessed in itself divine germs,\\nrequiring only the rays of truth beaming as they do from all nature,\\nto properly and normally develop. If they had not so thought they\\nwould not have stopped Where they did but would have added lo\\nthe Supreme Organic Law they Were framing, something like the\\namendment how proposed by the pseudo Orthodoxy of the country,\\nwhich I read to-day in a Christian: newspaper, it reads thus\\nist. That all Civil Government owes its authority and power to\\nAlmighty God.\\nind. That the Lord fesus Christ is the ruler among the Nations.\\n3d. That his revealed will the Bible is the supreme authority\\nin a Christian Government.\\nImagine, reader, this proposed Amendment were incorporated into\\n\u00e2\u0080\u00a2our National Constitution, either with or without that recently ap-\\npended, but superfluous section Congress shall have power to\\nenforce this Amendment by appropriate legislation. What would\\nbe the result The moment it became part of the Constitution, il\\nwould become the sworn duty of Congress and the Executive to sec\\nthe principles it enunciates carried out and enforced.\\nPrinciples and doctrines introduced into that Instrument are not\\nfbr ornament, or for affording matter for political and theological\\nharangue and buncum, but for practical use and execution, The\\nCrafty Ecclesiastics who are moving this matter understand this,\\nAnd now for the result Down must go every other religious belief,\\nbut Christian, as interpreted atad defined b\\\\ the orthodox creed.", "height": "4160", "width": "2524", "jp2-path": "formationofstate00park_0_0447.jp2"}, "448": {"fulltext": "4U\\nThis is the Athanasian creed. Every citizen has the right, and\\nshould know the origin, nature and history of what is proposed to be\\nincorporated into our National Organic Law,\\nVery Respectfully...\\nG. Y.\\nMarch 10, t\u00c2\u00a3\\n[No. 2*. J\\nTHE AMENDMENT TO OUR NATIONAL CONSTITUTION^\\n\u00e2\u0080\u0094PROPOSED BY THE EVANGELICAL CHURCHES OF\\nTHE COUNTRY.\\nEditors Pan-Handle News\\nAs I said in a former number, it is the right, and becomes the duty\\nof every citizen to know the origin, nature and history of what is-\\nproposed to be incorporated into that Instrument, which is the\\nPalladium of the civil and religious rights and liberties we now en-\\njoy. X* concede, ii the instincts of any of my fellow-citizens should\\ndispose them to worship in church or private dwelling golden calves-\\nas the Israelites did in the wilderness, or pin their faith to creeds, to\\nmy mind equally absurd, idolatrous and demoralizing-\u00e2\u0080\u0094 they have\\nthe constitutional right under our Institutions to do i% while I enjoy a\\nprivilege equally broad.\\nBut when that portion ef my fellow- eitbens ask that their golden\\ncalf or creed be incorporated into and mads a part of our National\\nConstitution, in which all citizens of whatever religious belief have\\nequal interest, our relation and rights become entirely changed. The-\\norigin, nature, and history of the matter proposed,- is made by its-\\nproposers, a most vital political question, in- which all have equal in-\\nterest, and as citizens it becomes their imperative duty to analyze\\nand sift with the same thoroughness and freedom they would any\\nother matter proposed for a like purpose. I am sure no honest,- fair\\nminded citizen will dispute this proposition.\\nNow with these views I propose briefly to examine their proposed\\nAmendment in the order of the branches into which they divide it\\nand, i st, That all civil government owes its authority and power to-\\nAlmighty God.\\nMay not the authority and power of all human structures and eon*", "height": "4160", "width": "2752", "jp2-path": "formationofstate00park_0_0448.jp2"}, "449": {"fulltext": "435\\n*.n\\\\ rrra be wit% equal propriety 7 claimed to be derived directly from\\nGod, as the system of civil polity established by our Fathers The\\nfamous Resolutions of 98, 99 the Nullification Act of South Caro-\\nlina in 1832; the equally Nullifying Personal Liberty bills passed by\\nthe free States in .1855-56; the ordinances of Secession, passed in\\n1860-61 the unwise, to say the least, so-called Reconstruction Acts\\nof Congress since the war, which assumed a result to be accomplish-\\ned, that the whole fight on the loyal side was professedly to prevent,\\nand I supposed did prevent viz The dismemberment or breaking\\nof the Government. And descending to lower orders of human\\nstructure and contrivance, that of a merchant prince like A. T.\\nStewart of New York the fiats of whose original and energetic\\nmind are felt and heeded throughout the commercial world or the\\ngreat incorporated companies of our country, for railroad, navigation,\\nmanufacturing, telegraphic or other purposes with a Vanderbilt,\\nGarrett, Thompson, Huntington and their like, at their heads\\neach wielding its forty or fifty millions, organizing, working and pay-\\ning its scores of thousands of men.\\nThese, and in fact every individual enterprise, are organized and\\nadministered by the same processes ef e?dighJe?zed mind, as our Na-\\ntional Government, differing only in the fact that in the latter all its\\ncitizens are equally interested. Success or failure in each and all\\n\u00e2\u0096\u00a0depends alike upon organizing and working in harmony, or out of\\nharmony, with God s fixed and unalterable laws. When in harmony\\neach may with propriety be said to owe its authority and power,\\nas well as success, to the efficacy of His co-ofe? aiire laws.\\nNow if this co-operative aid of God s laws to every mind acting in\\nharmony with them, is to be enunciated in our National Constitution\\nwhy limit the declaration to that governmental agent? why not extend\\nit to all below, to include individuals and also to all above to which\\nthe ascription is equally applicable as no sane man will claim there\\nis more of the divine in the construction and administration of civil\\ngovernment, than in other human operations.\\nBut then, which of the different Gods of the American people is\\nto be the favored one The awful and cruel Jehovah of the Jews\\nThe Triune God of the orthodox, with His eternal counterpoise, a\\npersonal devil or some other, of still different attributes What a\\nJiarmo?iioiis figure head this would be to our Republic Our present\\ncorrupt politicians, aided by our seventy thousand Ministers, whose\\nrelative morality I leave the reader to settle.", "height": "4160", "width": "2516", "jp2-path": "formationofstate00park_0_0449.jp2"}, "450": {"fulltext": "But the motive for proposing this limited enunciation, rs explained\\nby a reference to its origin and history. It had its birth in the civif\\nand religious despotisms of the ages past, and sprung from the same-\\nwomb as the divine right of Kings, and established orders of\\nPriests and Clergy, whose business it was to make the people quietly\\nsubmit to this kingly divine right, by abusing and misdirecting the\\nreligious instinct inherent in our nature.\\nThis branch of their Amendment once incorporated, and our gov-\\nernment made theocratic thereby, the evangelical churches and min-\\nisters being as they claim the only true and accredited interpreters,\\nof God s will, will become an integral and indispensible part of the\\ngovernment, and their Church and the State indissolubly united and\\nthen, backed by the civil power, they will let slip the dogs of war on\\nall who shall presume to dissent. Just such another despotism as\\nour Fathers fled from.\\nThe second branch of their proposed Amendment, viz: that the\\nLord Jesus Christ is the Ruler among Nations, I propose to ex-\\namine in my next.\\nYerv Respectfully,\\nApril 2i 7 1871. G. P.\\nP. S. -One word to such of your cotemporaries as favor a union,\\nof Church and State by adopting this proposed Amendment\u00e2\u0080\u0094touch-\\ning anarchical France as she is to-day and was from 1789 to 1800, to\\nwhich they significantly point. Is there a people in the world tha^\\nhave been so priestridden, so priest-befooled and cheated, as the\\nFrench from their earliest history Who that has studied at all the\\ncauses of their Revolution, commencing in 1789, does not know that\\nit was the oppression and fraud practiced upon that impulsive and\\nsentimental people, by successive Kings and their nobility, conspic-\\nuously aided by a subsidized and corrupt priesthood, until human\\nnature could bear no more and hence the reaction the volcanic\\noutburst of that period sending these combined oppressors where\\nthey belonged and hence this condensed hatred towards the like\\nunprincipled cheats at the present time. For authority I need only\\nrefer to the conservative Sir Walter Scott s life of Napoleon the\\nFirst, American edition, by J. and R. Williams in 1834, Volume i,\\npage 24, and subsequent. It belongs to us who oppose the intro-\\nduction of the same causes into our government, to invoke the ex-\\nample of that suffering people as a warning, and not to those who\\nwould wilfully or ignorantly introduce them.", "height": "4160", "width": "2744", "jp2-path": "formationofstate00park_0_0450.jp2"}, "451": {"fulltext": "437\\n[No. 3.]\\nf HE AMENDMENT TO OUR NATIONAL CONSTITUTION\\nPROPOSED BY THE EVANGELICAL CHURCHES OF\\nTHE COUNTRY.\\nEditors of Pan-Handle News\\nThe second branch of the proposed Amendment is this: The\\nLord Jesus Christ is the Ruler among the Nations. Is this propo-\\nsition true If it is not, then no honest citizen can wish to see it\\nincorporated in our Supreme Organic Law. Noah Webster defines\\nthe term Ruler thus First, one that governs, whether Emperor,\\nKing, Pope, or Governor any one that exercises supreme power\\nover others. Second one that makes or executes laws in a limit-\\ned or free Government. Thus legislators or magistrates are called\\nrulers.\\nNow it is clear Jesus is not the ruler of nations in the sense and\\nmeaning of this definition. And it is also clear according to His\\nfour biographers, that during his sojourn on earth He uniformly re-\\nnounced and disclaimed all Civil and Political power. My King-\\ndom is not of this world, was His constant asseveration, and to this\\nall His acts conformed. Its utter falsity in this sense, therefore, is\\ntoo obvious to justify comment. It can be true, if at all, in a spirit-\\nual sense only that He governs the hearts and guides the intellects\\nof the people of nations in the making and administering of their\\nlaws. And now let us see how this is with our own American\\npeople\\nTo determine this, we must refer to His teachings and life as given\\nby His biographers, Matthew, Mark, Luke and John, and then to\\nthe laws, and practice of the Courts, through which the people ex-\\npress their thoughts and feelings in governmental affairs, and see how\\nthe latter conforms to the former and if we find no conformity then\\nwill fihejr proposed Amendment be shown to be equally foreign and\\ninapplicable in this last sense. I will refer to a few of the ethical\\nteachings of Jesus, and then to our American legislation and practice\\non the same subjects. I refer, first, to His sermon on the Mount, 5th\\nMatthew, from 33d to 37th verse, both inclusive. They read thus:\\nverse 33d, Again ye have heard it hath been said by those of old", "height": "4160", "width": "2560", "jp2-path": "formationofstate00park_0_0451.jp2"}, "452": {"fulltext": "438\\ntime, thou shall not forswear thyself, but shalt perform unto the\\nLord thine oaths.\\nVerse 34 But I say unto you, swear not at all, neither by Heav-\\nen for it is God s throne Verse 35 Nor by the earth, for it is\\nGod s footstool neither by Jerusalem for it is the City of the Great\\nKing. Verse 36 Neither shalt thou swear by thy head, because\\nthou canst not make one hair white or black. Verse 37 But let\\nyour communication be yea, yea, and nay, nay for whatsoever is\\nmore than this cometh of evil.\\nNow this is plain language. No person of common sense can fail\\nto understand its import. He tells us in the 33d verse that the prac-\\ntice theretofore was to take oaths, calling God to witness. He then\\nproceeds to abrogate, not only this practice, but all other oaths in\\nwhich inferior objects are called on to witness. The pith and sub-\\nstance of all is, using His own language, swear not at all.\\nNow, what is the practice of the professed Christian people of our\\nNation in this respect Do not all its officers, civil and military, from\\nPresident to Town Constable, take an oath before entering upon the\\nduties of his office, to be faithful, and calling upon the Supreme\\nRuler of the Universe to be witness And then how does he keep\\nthis oath afterwards No juror enters the box, nor witness takes the\\nstand without taking a like oath. Nor an official act done under our\\nsystem anywhere, but is done under a like sanction. This is done\\ndaily and hourly by all the so-called Christian sects, except Quakers\\nand Moravians, who substitute an affirmation.\\nLet us now advert to His teachings in regard to personal injuries,\\nand injuries to rights of property. Matthew 5th, verse 39 But I\\nsay unto you that ye resist not evil, but whosoever shall smite thee\\non thy right cheek turn to him the other also. Verse 40 And if\\nany man will sue thee at the law and take away thy coat, let him have\\nthy cloak also. Verse 41 And whosoever shall compel thee to\\ngo a mile, go with him twain. Verse 42 Give to him that asketh\\nthee, and from him that would borrow of thee, turn not thou away.\\nThis is also plain language which no person can mistake. But\\nwhat is the legislation and practice of our so called Christian people\\nupon the same subjects Has not the people of every State a law\\nand action for assault and battery against any one that slaps another\\nin the face, or even attempts to, having the ability to hit, with exem-\\nplary damages Do not these Christian people avail themselves", "height": "4160", "width": "2744", "jp2-path": "formationofstate00park_0_0452.jp2"}, "453": {"fulltext": "hi this femefcfy-\u00e2\u0080\u0094 matty after pitching in personally, instead of turning\\nShe other cheek and do not the Courts sustain and encourage these\\nactions Has not each State its action for assault and false impris-\\nonment And is there a Christian citizen in any of the States\\nthat would not av^il himself of it after being forced to go a mile, in-\\nstead of volunteering to go another mile? Has not every State its\\nlaws to punish felonious, forcible, and even any wrongful taking an\\nother ones property, including cloaks, coats, c, and what Court has\\never adjusted a dispute by ordering the prosecutor or suiter to- give\\nto the rogue who bad taken his coat, his cloak also Or of any\\nprosecutor or suiter volunteering to adjust in that way What State\\nhas not its Usury laws to prevent its Christian citizens from extor-\\ntion on the necessitous by exacting unconscionable interest for the\\nloan of money And where is the Christian citizen that hesitates-\\nto forclose a* mortgage and appropriate to himself property worth\\ntwice the amount due when he gets the chance 1\\nI might touch upon all the moral duties and obligations, and show\\nthe practice of our Christian citizens as foreign and antagonistic to\\nthe teachings of Jesus as the foregoing. But those mentioned arc\\nsufficient to illustrate and establish the truth of my proposition thai;\\nneither the example nor teachings of Jesus actuate the hearts, guide\\nthe intellects, or shape the legislation and practice of our Christian\\npeople, in either Church or State, and therefore He could not in\\nthis be recognized as a Ruler of our nation without uttering what is-\\nshown to be utterly false. Suppose I was about to travel through\\nJapan and should be told before entering who the Emperor was, and\\nhave a copy of his laws placed in my hand, and on traveling through\\nI should find as great antagonism between the laws, and the practice\\nand habits of the people as that before shown, could I hesitate for a\\nmoment in concluding that it was not the author of these laws that\\nreigned m Japan Should I not conclude there was some mistake\\nOther thoughts suggested by the foregoing comparison between\\nthe professions and acts of our Christian people I leave with the\\nreader as they are not germain to my present inquiry.\\nThe spiritual Ideal presented by Jesus, our Brother,, to humanity\\nmore than eighteen centuries since, when science and philosophy\\nwere far behind what they are now; when the light shown in dark-\\nness and the darkness comprehended it not when, as has since\\nbeen, and is now, traffickers and speculators in religion and politics-\\nsought to mammonize and use Him in their worldly, selfish schemes,", "height": "4160", "width": "2532", "jp2-path": "formationofstate00park_0_0453.jp2"}, "454": {"fulltext": "440\\nHe indignantly exclaimed from the depths of the richest and purest\\nsoul, my Kingdom is not of this world. A spiritual Ideal that,\\nseen from our present undeveloped state it would seem, can never\\nbe excelled but nevertheless one altogether too Utopian and millen-\\nial to be made the Supreme Rule by which to govern our political\\naffairs. Divest and disabuse Him of what king-craft arid priest-craft\\nhave woven around during the last 1545 years, open fearlessly the\\nheart and head to the reception of Truth coming from whatever\\nsource, the spirit of which Jesus tells us alone makes free, deter-\\nmine for ourselves what is Truth by the God within the mind, and\\nthen practice it, and we shall not fail to feel the throb s of His great\\nbrotherly soul, with others, warming, quickening, and inspiring out\\nwhole being. When i\\\\:merican citizens shall adopt this course of\\nthinking and acting,- they may hope to gradually approach that state\\nof earthly perfection when the real life and teachings of Jesus may\\nproperly be made supreme canons in civil Governments but not be-\\nfore.\\nIn my next I will examine the third 1 branch of their proposed 1\\nAmendment, viz that his revealed will, the Bible,- is the Supreme\\nauthority in Christian Government.\\nVery Respectfully,\\nG. P.\\nApril 28, 1871.\\n[No. I]\\nTHE AMENDMENT TO OUR NATIONAL CONSTITUTION\\n\u00e2\u0080\u0094PROPOSED BY THE EVANGELICAL CHURCHES OF\\nTHE COUNTRY.\\nEditors Pa?i-Handle News\\nThe third branch of their proposed Amendment reads thus His\\nfevealed will, the Bible; is the Supreme authority in a Christian Gov-\\neminent\\nIf the reader has come to the conclusion that our people are not\\nChristian in fact, but only in name, he may say, the branch proposed\\nto be examined does not refer to them at all, and therefore it is use-\\nless to examine it. But the reader must remember that the whole\\nof their proposed Amendment is only another Ecclesiastical fiction/", "height": "4160", "width": "2748", "jp2-path": "formationofstate00park_0_0454.jp2"}, "455": {"fulltext": "441\\nliaving no foundation in truth, or application in fact, but designed td\\noverturn and displace by vague and airy mysticism, what is practical,\\nVeal and true in our Institutions. To show, therefore, that such is the\\nobject of the proposed Amendment, it is strictly pertinent to examine\\nI he nature of this branch of the same.\\nAs they assume oUf Government to be Christian, they propose\\nto make the book Called the Bible, the Supreme authority (which\\nWebster defines to be supreme legal power, in that Government\\nand as there Can be but one Supreme law, the Constitution made\\nby Washington and his co-patriots,, State Constitutions, and all laws\\nmade in pursuance of these Constitutions, are to become subordinate\\nand thereafter section second, article 6, of our National Constitution,\\nwill have to be changed so as to read as follows\\nThe book called the Bible, and the laws of the United States\\nmade in pursuance thereof, shall be the supreme law of the land\\nand the judges in every State shall be bound thereby, anything in\\nthe National Constitution a s it heretofore existed, or in the Constitu-\\ntion and laws of any State, to the contrary notwithstanding.\\nSuch would be the inevitable consequence of an adoption of this\\nbranch of their proposed Amendment.\\nNow suppose this should be adopted, and Congress and ou r State\\nLegislatures go on passing laws as they would of course, and the\\nConstitutionality of these laws should be brought before the Federal\\nor State Courts, as is now done so frequently -by what standard\\nwould the Court have to decide the question Why of course the\\nBible, for that would then have become the Supreme law of the\\nland, The word Bible is derived from the Creek word bibles, which\\nmeans simply a book but custom has limited its meaning to such\\nbooks only as the Ecclesiastics have at different times canonized, as\\nhaving been written or inspired as they say, by Cod hiwfseif. Now,\\nin this country we have at least three different versions the He-\\nbrew, containing the Jewish writings only; the Catholic, containing\\nwhat the Romish Church lias seen ill to canonize and then King\\nJamEvS 1 version. The adherents to each version claim theirs to be the\\n\u00e2\u0080\u00a2only one genuine. Upon the language of King James version, the\\nEcclesiastics put some hundred interpretations, and on these have\\nestablished as many antagonizing sects. Now of all these, which\\nWould our Courts have to adopt as live standard, o i sUpreitfe law, by", "height": "4160", "width": "2556", "jp2-path": "formationofstate00park_0_0455.jp2"}, "456": {"fulltext": "which to decide whether the law in question was Constitutional, of\\nrather canonical, or not\\nThe first qpasrel would betO deter rmne which of the three versions-\\nshould have supremacy. This being a religious fight would take\\nfrom five- to thirty years when, in- a4l probability King James version\\nwould receive^ the honor in this country. This settled, up springs--\\nfrom that version a rru r ncked or more; competing sects-\u00e2\u0080\u0094 all based ow\\nas many different interpretations of the same text in- the original lan-\\nguage, if not English translation\u00e2\u0080\u0094 ~eacb sect claiming to* have* the cor-\\nrect interpretation- or translation And the matter having become\\nspiritual or biblical, of course the Ecclesiastics would ass inner exclu-\\nsive jurisdiction^ and the Government would end in interminable an-\\narchy, war and blood I challenge any man to show these conse-\\nquences would not necessarily follow the adoption- of this branch of\\ntheir proposed Amendment\\nThis is the fining the.- Evangelical ministers of the country have\\nlieen for years concocting^- They b?\u00e2\u0080\u009e-ve already gotten it adopted in\\nthe form of resolutions by a large number of their sects throughout\\nthe country. They have reduced their proposed Amendment to the\\nform substantially that I have stated, and placed it m the hands of\\na United States Senator to- lay before Congress. They have thereby-\\nthrust it into the- arena of politics, challenging criticism, and are afr\\nthis moment,- from Bishop down- to Deacon- and Warden,, urging its-\\nsupport upon the American people* by all the varied appliances known-\\nto Jesuitism^ Their shibboleth is to arrest and put do w-n- Catholicism.\\nWith this, they hope to arouse- their flocks. They speak- weekly\\nnay tri-weekly from 60,000- pulpits, at a cost of at least ninety millions-\\na year, derived from- our- people, and no- one to answer them. They\\nrun a religious press at an annual cost to the same people of five millions-\\nmore, in which not a word is admitted adverse to their- treasonable-\\nscheme. They hold under the rod nearly all the secular press of the\\ncountry,, that,, as- a general thing might as well be employed in- repub-\\nlishing, old almanacs, as the- way they are,, so far- as protecting the\\nGovernment in- this respect is- concerned and- still, some r I under-\\nstand, complain because I- have raised- my humble protest, and you,.\\nMr. Editor, have dared to publish I- ask them- to answer fairly, if\\nthey can, the objections I have statedUo 1 their proposed Amendment,,\\nand when that is done, I will proceed to state more. I do not feel\\njustified to ask further privilege in your paper,, or- attention of the^\\nreader, until this is clone. A critical examination- of the history and-", "height": "4160", "width": "2752", "jp2-path": "formationofstate00park_0_0456.jp2"}, "457": {"fulltext": "44o\\ncharacter \u00c2\u00a9f King James version will come next in the line of argu-\\nment I have proposed. I fully appreciate the religious prejudice of\\npure!) artificial growth, that clusters around that Book, which they\\n.ask to rill so exalted a place in our National Polity, and nothing but\\nimperative sense ef political duty will induce me to disturb it. I hope\\nChe future course of the friends of the proposed Amendment will save\\nsase iiise unwelcome task,\\n\u00c2\u00a5erv .Respectfully,\\n\u00e2\u0080\u00a2G. P.\\n.May 5, a 8^4,\\n[No, t.j\\nTHE EllQTOSE\u00c2\u00a9 CONSTITUTIONAL CONVENTION-\\nSHOULD IT BE CALLED\u00e2\u0080\u0094 THE ADDRESS OF THE\\nS TATE EXECUTIVE COMMITTEE OE THE DEMOCRAT-\\nIC PARTY TO THE PEOPLE.\\nMrfitors \u00c2\u00a3*itn-ManMe A T ews\\nIt was .perhaps well enough for the last Legislature to arrange to\\ntake -the sense of the People on calling a Convention, in accordance\\nwith one \u00c2\u00bbof the wise provisions ol our present Constitution, that per-\\nmits no body of men to take control of their Constitution without\\ntheir express order and consent being first obtained. Though after\\nthe Eliok Asnewdment was passed and the disfranchised restored,\\nthere was \u00c2\u00abo very obvious necessity for the Legislature making such\\narrangement at present, as the fitness of the present Constitution has\\nas yet been but partially tried and tested; and the admission of the\\ndisfranchised upon their own solicitation into the new Edifice, accept-\\ning it of course in the condition they found it\u00e2\u0080\u0094 furnished no ground.\\nAs well might a boy or a dozen of them when arriving of age, or a\\ncompany of immigrants, or men relieved of Political Disabilities\\nthrough the Governor s pardon, claim as a right, to have the People\\norder a Convention to be convened and the Constitution altered to\\nsuit their taste. That class of the enfranchised that went to the\\nFront in the late War, and thereby established the sincerity of their", "height": "4160", "width": "2556", "jp2-path": "formationofstate00park_0_0457.jp2"}, "458": {"fulltext": "444\\nprofession by staking their lives, so regard the matter, as the recent\\nmanly and ingenuous statements of the Editor of the Cabell County\\nPress, fully attests. He was a brave Confederate soldier, and is :i\\nRepresentative man among that class, who oppose the Convention\\nas unnecessary at this time, and laughs at the foolish hypocritical\\nclaims of the Politicians now on their account, when the same men\\neither openly opposed the Flick Amendment, or absented themselves\\nfrom the Polls and among these the Editors of the two Democratic\\npapers which are now most clamorous for a Convention, for the sake\\nof these poor Confederate soldiers who were necessarily absent they\\nsay when the present Constitution was formed but in fact for t he-\\nsake of the fat paying business as public printers, they expect from\\nthe scheme if accomplished. This class of the late Confederate\\nsoldiers that were at the front, I honor and esteem, and if there\\nreally existed any defects requiring a Convention to remedy, and\\nthey should ask it I would be among the-fvrst to aid them, on the\\nground that our future interests and hopes were to be the same.\\nThe only pertinent question now is is it wise and proper for the\\nvoters to order a Convention and this depends, I submit, on this\\nfurther question Has practical experiment so far, disclosed such\\ndefects, otherwise irremidable, in our State Constitution, as warrants\\nthe People to call a Convention to revise and remodel it and incur\\nthereby the great expenditure of time and money that will be\\nrequired.\\nThis is the question addressed to all the present voters irrespec-\\ntive of antecedents, and no man who duly appreciates its nature\\nmagnitude and far reaching consequences that are to follow, will re-\\ngard it as a partisan question, but one rising above ail party consid-\\nerations.\\nThe Address above referred to, has the appearance of having been\\nprepared with great study and care, inspired by persons in the way of\\nwhose aspirations, and fossil prejudices the present Constitution man-\\nifestly stands-\u00e2\u0080\u0094 and hence, among other aspersions, it is styled the\\nodious and unjust Constitution so this address can be safely taken\\nas stating all the defects and weaknesses that can possibly be con-\\njured up against the Instrument. These I propose briefly to notice.\\nI shall confine myself to those defects specifically charged, and pass\\nunnoticed the general denunciations and slang which any blackguard\\ncan utter. I thought it a little singular that the Executive Committee", "height": "4160", "width": "2752", "jp2-path": "formationofstate00park_0_0458.jp2"}, "459": {"fulltext": "445\\nof one of the political parties, should address the whole voters irre-\\nspective of party, declaring it to be their conviction it should not be\\nregarded as a party question and then in a few sentences after,\\ntreat it purely as a party question, and urge its party to turn out\\nand vote for the Convention assigning as a reason, that the Repub-\\nlicans in the Legislature voted against submitting the question at all 5\\nand their press since had opposed the Convention. How these state-\\nments can be reconciled with honesty and straightforwardness, I can t\\nsee others may. But to their specific charges.\\ni st. They charge that since the people have put their party par-\\ntially in possession of the Government, it is indispensable they\\nshould be put in possession of the whole and a prime object of\\ntheir Convention, I presume, is to rotate the present incumbents out.\\nTheir motives and feelings are patent, but how the public is to be\\nbenefitted by the operation, is not so clear though they say we owe\\nit to ourselves as well as the whole people to see to it that we are not\\nfound wanting in this our first administration of its affairs. Found\\nwanting in what The natural inference is from what precedes in\\ntheir address, it is in the devilment they have just been charging on\\ntheir opponents. It would seem unnecessary for them to have pro-\\nclaimed with so much emphasis their fixed determination in this re-\\nspect. The people already anticipate as much, judging from their\\nconduct last winter.\\n2nd. They charge in their indictment that the present Constitution\\nwas framed amid the conflict of arms and throes of Revolution.\\nThis might have been the case where they were at the time, but there\\nwas nothing of it at Wheeling to disturb the deliberations of the Con-\\nvention that framed the present Constitution. And still it must be\\nacknowledged, there were eminent dangers and uncertainties hanging\\nover the Nation at the time, that impressed its members with feelings\\nakin to those felt when the Declaration of Independence was first\\nproclaimed, and when our National Constitution was formed. Cir-\\ncumstances that cause men of whatever experience and capacity to\\nhave a lively sense of responsibility, and to act honestly and earnest\\nly in whatever work engaged. Again, they say those who framed it\\nwere few in number, representing but a small portion of our terri-\\ntory. This is untrue.\\nThe number of Delegates exceeded fifty, and all the Counties ex-\\ncept Greenbrier, Monroe and Jefferson were represented. The able", "height": "4160", "width": "2556", "jp2-path": "formationofstate00park_0_0459.jp2"}, "460": {"fulltext": "446\\nEditor of the Monroe County Register, a Democratic paper, who very\\nlikely was another Confederate soldier who went to the front tells us\\nin an article copied m the Wheeling Intelligencer of the 9th ins*., how\\nthe people of his grand old County feel in relation to the necessity\\nfor calling a Conveatiora. I wish I bad room to quote it\u00e2\u0080\u0094 tis so much\\nbetter than anything I can say. It may not be amiss to mention some\\n\u00e2\u0080\u00a2of the present leading men of both political parties ttaat were leading\\nmembers of that Convention. The Hon. Bent. H, .Smith, Hon.\\nDaniel Lamb, Hon, John Hall. Would these men who now stand\\nat the head of the Democratic party -of the State, make a Constitution\\nthat was odious and unjust?\\nThere were also, Hon. W. T. Willey, Hon.. Peter G. Van Winkle,\\nHon. James H. Brown, late President of the Court of Appeals, Ex-\\nGovernor Stevenson, Hon. Lewis Rufener.; Circuit Court Judges,\\nHons. E. B. Hall, Robert Ervine, Chapman J.. Stewart, John A,\\nD.ille, Thomas W. Harrison, the late E. H. Caldwell also Judge\\nSoper, Hon. John J.. Brown, Hon. James W. Paxton, the late Rev.\\nGordon Battelle, Rev. Joseph S. Pomeroy, Rev. T. H. Trainer\\nand others equally earnest and patriotic, though of Jess celebrity.\\nThink these men, circumstanced as they were, would have made a\\nConstitution deserving to be styled odious and unjust And by\\nwhom Let the accusers answer, and reveal their own individual\\nihistory during that trying period. But I return to the indictment.\\nThey further charge that after eight years experience, portions of\\nithe Constitution have been demonstrated to be un.suited, very costly\\nand unwieldy, and can be so altered as to greatly simplify and save\\nmuch money. Where is the evidence of any such practical demon-\\nstration I aver, and am prepared to maintain, that the Government\\n\u00e2\u0080\u00a2when administered in accordance with the letter and spirit of the\\npresent Constitution, is the simplest and cheapest among the States\\nof the Union. The expensiveness heretofore, is wholly attributable\\nto vicious legislation, creating superfluous offices to quarter partisans\\non, and to fraudulent and careless management none of which find\\ncountenance or warrant in any part of our present Constitution. All\\nwhich abuses, the Legislature possesses the amplest power to reme-\\ndy and when I voted the Democratic ticket last fall, it was with the\\nexpectation a Democratic Legislature if elected, would at once reme-\\ndy the monstrous evils they had so long and so justly complained of.\\nStill they failed to do it to any considerable extent, but started the\\nscheme for a Convention, and the politician portion purposely retain-", "height": "4160", "width": "2752", "jp2-path": "formationofstate00park_0_0460.jp2"}, "461": {"fulltext": "447\\ned this vicious legislation, and sought to defeat the Flick Amendment:\\nand postpone enfranchisement, so that by the combined use of the\\ntwo, they would get a Convention. The Flick Admendment, thank\\nGod, they did not defeat, and now they are most sedulously striving,\\nto foist this* vicious legislation upon the Constitution and make the-\\npeople believe it grew there as its natural fruit. Tis a contemptible\\nscheme and worthy of its autfeors. The manifold abuses hitherto,\\nare no more the legitimate fruit of the present Constitution, than tur-\\nkey buzzards arc the legitimate fruit of the grand, sturdy oak on;\\nWhich they mmy happen to perch.\\nVery Respectfully,.\\nG. P.\\nJune i6tb, 287$.\\n[Mo. 2\\\\j\\nTHE PROPOSED CONSTITUTIONAL CONVENTION\u00e2\u0080\u0094\\nSHOULD IT BE CALLED\u00e2\u0080\u0094 THE ADDRESS OF THE\\nS TATE EXECUTIVE COMMITTEE OF THE DEMOCRAT-\\nIC PARTY TO THE PEOPLE.\\nEditors Pan- Handle News\\nThe question is Has pfactsica) experiment so far, disclosed such\\ndefects, otherwise irremidible, in our State Constitution as warrants*\\nIhe people to* call a Convention to revise and remodel it and incur\\nthereby the great expenditure of time and money that will be re-\\nquired V* Commencing, then, where: I left off in my last number:\\n3. Their next charge is the great wrong for the people to refuse-\\nSo call a Convention for the accommodation of the recently enfran-\\nchised. About this I have already said sufficient. The class that\\nwent to the Front have the good sense no* to ask lor it while the\\nother class, the skulking, cowardly politicians, who- a^re the- sole movers-\\nin this matter, do not deserve to be gratified, unless they show good\\nand sufficient cause exists outside of themselves-\\n4, Their next specific charge is, that Sec. 9,- of Art. 4, of the pres-\\nent Constitution, confines the apportionments for choosing Delegates,,\\nlhat are to be made after each United States Census\u00e2\u0080\u0094 to white\\npopulation!, omitting colored, who have since become citizens and\\nvoters. The editor of the Monroe Register, in the article before re-\\nferred to, answers this so satisfactory, that I prefer to- adopt his lan", "height": "4160", "width": "2560", "jp2-path": "formationofstate00park_0_0461.jp2"}, "462": {"fulltext": "gliclge in his reply to the Greenbrier County Editor, viz* In teplf\\nwe beg his attention to Art. i,Sec. 7, of the Constitution, viz: Every\\ncitizen shall be entitled to equal representation in the Government\\nand in all apportionments of representation, equality in numbers of\\nthose entitled thereto, as far as practicable shall be preserved.\\nUnder the Fourteenth Amendment accepted by West Virginia, is\\nnot the negro a citizen, and Under the Flick Amendment recently\\nadopted, does not our Constitution make him a citizen t It is not\\nnecessary to be an opponent of the Constitution, to settle that ques-\\ntion.\\nThe 9th Sec. of Art. 4, on which our cotemporary rests his posi-\\ntion, must be construed as conflicting with the now recognized Su-\\npreme Law, and is therefore null and void, as far as race is concerned.\\nThis disposes of that count in their indictment. The importance\\nthey attach to this count the reader may judge by the way they close\\nit, viz the bare statement of this fact should be sufficient to con-\\nvince the most skeptical of the necessity for a change in this regard.\\nWhat change could possibly give in this respect, what is not already\\npossessed through the Federal and our present State Constitution, as\\nalready amended.\\n5. Their next charge is, that the negro is not by the Constitution\\nchargeable with a poll tax while the white man is. Article 8,\\nSection 2, of the Constitution which was formed before the negro was\\nfreed, provides that white male inhabitants of twenty-one years of\\nage shall pay a capitation tax of $1.00; but no where forbids the\\nLegislature imposing a like tax on the negro. After the latter be-\\ncame free, in 1864, our Legislature imposed a like tax on male\\nnegroes of twenty-one years of age f and have .continued to do so ever\\nsince, and th negroes have paid without objection. See Code of\\nWest Virginia^ page 21 1, and session acts. 1864, page 16. Having,\\nnow become citizens and voters, to which under our Institution, the\\nobligation to pay taxes attaches, it is just and right they should pay y\\nand in their present status the Legislature has the unquestionable\\nright by the Constitution to impose the tax-\u00e2\u0080\u0094 =being no where prohib-\\nited in that Instrument from doing so and if it were otherwise, how\\neasily the Constitution might be amended in this respect by the mode\\nthe Flick Amendment was accomplished, without any additional ex-\\npenditure of time or money the Ratification taking place at the\\nsame time the general election is held-. But it is clear there is no-", "height": "4176", "width": "2752", "jp2-path": "formationofstate00park_0_0462.jp2"}, "463": {"fulltext": "\u00e2\u0099\u00a6itvessUy for doing ibis even. If this imposition of the tax on the\\nv.egro, since 1864, has been unconstitutional, why did not the last\\nLegislature repeal the law\\n6. Their next claim is, that the judiciary system should be reform-\\ned in totOj by which they mean, tore out, and one of their liking\\nput in the place. Their animus for this is disclosed in the forepart\\n\u00e2\u0080\u00a2of the address before referred to s where they say they have but par-\\ntial possession of the Government^ and the public good impera-\\ntively requires they should have the whole-, All the present judicial\\nofficers from President -of Court of Appeals to Justices of the Peace,\\nare to be reformed or rotated out by their regenerated Constitu-\\ntion, and members of their Rings are to be rotated in. Heilce they\\nare lavish and fierce in their denunciations of this branch; They\\ncharge the present incumbents with weakness and inemciencv.\\nThey charge that their decisions have been made from partisan\\nfeelings and favortisms^ and become subjects of jibe and jest,\\nthat the Legislature has had to remove two of the judges. They\\narraign the system itself as having failed to secure either honesty^\\nfaithfulness^ or capability^ and then complain because our Constitu-\\ntion gives to a bare majority elected to the Legislature powe^ to re-\\nmove any judge for misconduct, incompetence or neglect of duty\\n\u00e2\u0080\u00a2or conviction of any infamous offence. But they insist that the re-\\ngenerated Constitution that is to rotate themselves in, shall have high\\nbars to keep themselves when once rotated in; from the mere brute\\nforce of the Legislature as they term it^ requiring a majority Of\\ntoot less than ti6i)-ikirds of the Legislature to reach them, however\\n\u00e2\u0080\u00a2unfit they might prove or become.\\nNow this is about their view of this branch. Their imputations\\n*lpon the present incumbents are altogether unmerited and unjust.\\nAnd their suggestions of Reform are irreconcilable and conflicting.\\nThey complain of unfaithful Judges in one breath, and in the next\\nbreath complain because our Constitution provides a speedy and ef-\\nfectual way to get rid of such wnfit and unworthy Judges. Their\\nsuggestions are a senseless jumble^ designed only to humbug the peo-\\nple, and rotate the present incumbents out; and themselves in and\\nihen put up high bars to keep the people and their brute Legisla-\\nture at *a distance J Otfr Judges are elected for terms of six and,\\ntwelve years, while oui Legislators are elected annually, and are of\\ncourse more immediately responsible to the people, their masters\\nThis is why the people intrust the Legislature with this corrective", "height": "4160", "width": "2520", "jp2-path": "formationofstate00park_0_0463.jp2"}, "464": {"fulltext": "rod\\npower over the Courts. No faithful and upright Judge has cause to 1\\nfear, but one of the opposite character has cause to fear: And B\\nsubmit, it is wise and right that the people should retain this power\\nover their Courts-. Absolve any men from responsibility for their ac-\\ntions, and they become Tyrants. I here quote again, from the editor\\n\u00c2\u00a9f the Momoe Register Again regarding the reforms of the Judi-\\nciary;, the laws delay is the great complaint. We are persuaded that\\nthe Ban has the corrective entirely in its control. Moreover a speedy\\nexecution of justice may be secured,, by fhe institution of County\\nJudges of competent jurisdiction holding monthly sessions. A*\\nspecific amendment passed in. the- way the Flick was r will insure this.\\nBut the Legislature possesses unlimited power to increase the num-\\nber of Circuits and Circuit Judges, if found to be needed;, without\\nany change in the present Constitution\u00e2\u0080\u0094 power to make each County\\ns* Circuit with a separate Circuit Judge, if required.\\n7 Their next claim for a Convention is to adopt the scheme of\\nrepresentation which secures to the minority a certain amount of\\nrepresentation, The scheme is new and untried it has just been\\nput on trial in some of the States. It would hardly pay for our peo-\\nple- to incur the sost of a- Convention for the sake of embarking in a*\\nmere experiment.\\nI again quote from* our Monroe friend his remarks on the township\\nsystem and the ballot The Constitution only provides six officers*\\nin each Township, A few of them only receive nominal compensa-\\ntion. We consider the Township system* as the model of local self-\\ngovernment and eminently American and Democratic. Objection is*\\nmade to the ballot. We reply,. God help the poor citizen should its-\\nfriendly shelter be torn- from his homestead! Does any sane -mam\\nbelieve that any proprietor in the Greenbrier valley would hesitate to-\\nannihilate an unfortunate dependant, who would dare to oppose 1 his\\nwill by a manly viva voce, No, at the Polls Nobody in\\nMonroe believes that with a christian faith, we know.- It wiil not take-\\ntwenty years as our cotemporary says to put fifty Amendments-\\nthrough the Legislature. Article i-s, of the Constitution, places- hop\\nrestriction on the number that may be proposed simultaneously. He-\\nrefers here of course to specific Amendments proposed by the Leg-\\nislature, and carried through as the Flick Amendment was.\\nThis gentleman is not a resident of Wheeling, or Charleston,, but\\nof an Eastern border County in the midst of those sparsely settled\\ndistricts where the Address tells us the Township system is sc", "height": "4160", "width": "2752", "jp2-path": "formationofstate00park_0_0464.jp2"}, "465": {"fulltext": "451\\nsansulted and hateful. Can we hesitate which party s testimony we\\n\u00c2\u00a9ugbt to take And then, his estimate of the importance of the\\nballot to every poor man in the State, compared with the Old Vir-\\nginian viva voce. What honest heart does not respond to the\\n\u00e2\u0080\u00a2entire truth of what he says in this respect. The politicians sigh for\\ndie return of the old viva voce, that enabled them to hold the poor\\nand dependant, subject to their will, when -exercising the elective\\nfranchise. I have seen this purse power practiced in more States\\nthan s ie.\\nI have now answered I think all their specific charges, upon which\\nthey declare our present Constitution to be odious and unjust, and\\n.ask for a Convention to remedy it. There is no ground, I submit, for\\na Convention absolutely none but only a necessity for the people\\nelecting an honest Legislature and demanding that it -repeal all\\nvicious, unnecessary laws, abolish all superfluous offices, and bring\\nthe Administration of the Government to that simplicity and econ-\\nomy, which the present Constitution contemplates, in all its depart-\\nments, including the School system.\\nIn my next I will endeavor to show the disastrous consequences,\\nand the vast expenditure of time and money, that must follow a\\n.sanction by the people, of the wild and wholly uncalled for scheme,\\nof these politicians.\\nVery Respectfully,\\nG, P.\\nJune 23, 1871.\\n[No. 34\\nTHE PROPOSED CONSTITUTIONAL CON V KNTION\u00e2\u0080\u0094\\nSHOULD IT BE CALLED THE ADDRESS OF THE\\nSTATE EXECUTIVE COMMITTEE OF THE DEMOCRAT-\\nIC PARTY TO THE PEOPLE.\\nEditors Pan-Handle News\\nAs the people may not all of them be conversant with Article 12,\\nof our present Constitution, that provides the two modes for amend-\\ning the same, I will briefly explain them\\nSection 1, provides that no Convention shall be called for amend-\\ning the same unless the people by a majority of the votes cast at an", "height": "4160", "width": "2516", "jp2-path": "formationofstate00park_0_0465.jp2"}, "466": {"fulltext": "4M\\nelection for the purpose, shall order it; and if ordered, the dejegfattfs\\nthereto shall not be chosen earlier than a month at least after the?\\nvote ordering, is officially declared. The final work of the Conven-\\ntion is not to be valid until submitted to the people and by them\\nratified.\\nSection 2, provides that the Legislature may at at\u00c2\u00bby time by a\\nmajority thereof propose any amendments to the Constitution/ and\\nsuch proposed amendments are to be published in the papers,\\nthroughout the State, three months at least before the election of the\\nsucceeding Legislature, which can approve or disapprove and if the\\nformer, it is its duty to submit the same at such time as it shall deem\\nbest, to the people for ratification, or rejection. If two or more such\\nspecific amendments be submitted at the same time, the vote on the\\nratification or rejection shall be taken on each separately. This\\nlast is the mode in which the Flick Amendment was accomplished.\\nNow if the first mode is adopted by the people ordering a Con\\nvention, they commit and surrender absolutely the whole Constitution\\ninto the hands and absolute control of such Convention, to do with\\nit as it chooses, with this single proviso, that the Convention shall\\nsubmit its final work to the people to be adopted as a whole, or\\nrejected as a whole, without the power of adopting such parts as\\nshall suit them, and rejecting the rest. And hence the Legislature\\nIn its law last winter submitting the question, defines the powers and\\nduties of the Convention in this respect, if one be ordered, in these\\nwords to consider, discuss, and propose a new Constitution, or\\nalterations and Amendments to the existing Constitution of the State.\\nSee Section 57, of that Act; also Section 2Q same Act The Con-\\nvention shall provide by ordinance or otherwise for submitting the\\nsaid Constitution (meaning its final work to the people for rat\\nification or rejection, as a whole of course. The people of West\\nVirginia certainly will not put themselves in this disadvantageous con-\\ndition in relation to their organic law, unless there is shown to exist\\nsome urgent, adequate necessity for doing it. Have the politicians\\nshown that necessity to exist But then, they tell us if we don t like\\nthe final work of the Convention sufficiently to adopt it as a whole,\\nwe can reject which will leave the Constitution just as it is now\\nthey will have had a glorious jollification and nobody will have beet*\\nhurt. Ah but who will have to pay the cost of their grand farce\\nof course we the tax-payers.\\nWhereas if the second mode be adopted, whenever particular", "height": "4160", "width": "2760", "jp2-path": "formationofstate00park_0_0466.jp2"}, "467": {"fulltext": "453\\naiHendmetlts shall be shown by experience to be wanted, any Legis-\\nlature can propose any number of specific amendments, of these the\\nsubsequent Legislature, having been chosen with reference to the\\npending proposed amendments, can approve or disapprove all, any,\\nor none, and in case any be appproved, it becomes its duty to sub-\\nmit such as are approved to the people at the next general election,\\nor earlier if the exigency requires when the people will have the\\nright to adopt or reject such as they choose and incur no additional\\nexpense whatever and will all the while hold in their own hands and\\nexclusive control, their Constitution, instead of yielding it up as is\\nnow proposed, to the tender mercies of the politicians, to revel over,\\nin a gratification of their varied and in most cases, hostile feelings.\\nIn any ordinary business matter, would any prudent man hesitate\\nwhich mode to adopt The amending of our Constitution when\\nshown to require it, is purely a practical business matter, of the high-\\nest importance. But let us see for a moment what consequences\\nmust follow their proposed scheme if carried out. The Address\\nspecially proposes to reform (which means change) in toto, the\\nwhole Judiciary system, and root out the entire township which has\\nnow become so intimately interwoven with our whole system of State\\npolity. These changes, if they should go no further, will necessitate\\nanother new Code of laws of the time and money required for this,\\nour people have had some experience of late. I know the politicians\\ntell us the mother State revised her Constitution in 1829, and again\\nin 1850, and in neither case had a new Code made. I answer, neither\\nof these Conventions made Radical changes in the organic structure\\nof her State polity. They only modified to some extent her basis of\\nrepresentation, and changed the mode of appointing some of her\\nofficers. Her case, therefore, is no guide to us, for our politicians\\npropose to knock our present judiciary system and township system\\nout of the Constitution altogether and all portions of the present\\nCode that rest upon the parts removed, must of necessity fall and\\nperish with them. A new Code conforming to their regenerated Con-\\nstitution would become absolutely necessary to get ourselves out of\\nthe legal chaos (so grateful to lawyers and politicians) which their\\nscheme if allowed to progress, must necessarily produce.\\nBut the politicians as appears from their press and talk, don t pro-\\npose to stop where their address stops but propose abolishing the\\nFree School system and the ballot restoring the old viva voce also\\nto remove the present Constitutional restriction that prevents the", "height": "4160", "width": "2524", "jp2-path": "formationofstate00park_0_0467.jp2"}, "468": {"fulltext": "454\\nLegislature going into the same log-rolling system that bankrupted\\nthe old State under the specious pretext of making Internal Im-\\nprovements. Behold the old State with her forty-five millions of\\ndebt, and then its product or result in her present internal improve-\\nments, which in fact never received but a small portion of the money\\nthe bulk having gone into the pockets of her corrupt politicians.\\nLook to the product of this her vast expenditure, that remains within\\nour own Territory, and compare that product with what has been\\ndone, and is doing, by individual capital and enterprise under the\\npresent policy of the Mew State the Chesapeake Ohio Railroad\\nfor instance, which in a year and a half will be completed throughout\\nour State, and connect the waters of the Chesapeake with the Ohio.\\nTo accomplish which the old State had labored through her politi-\\ncians for forty years, and had accomplished -w T hat But one thing is\\ncertain if our people after so much labor and so much expenditure\\nduring the last ten years in bringing our system of polity and Juris-\\nprudence to the point it is now in, and as now evidenced by our new\\nCode, containing the Constitution on which it is based, now, or soon\\nto be, in the hands of capitalists and business men throughout the\\ncountry\u00e2\u0080\u0094 securing their general approval and confidence as I have\\nreason to believe shall now idiotic like sanction the scheme propos-\\ned by the politicians, and go to work tearing everything up when\\nthere exists no cause whatever\u00e2\u0080\u0094 we shall forfeit the good opinion and\\nconfidence of that class of men so essential to the future of the\\nState. They would as soon invest money in anarchial Paris, as in\\nWest Virginia, while controlled by a people that should act so in-\\nsanely.\\nThe politicians also complain that the present Constitution imposes\\ntoo many restrictions on their powers that it is a Code of laws,\\nwhen it should be only a declaration of principles by which they\\nmean glittering generalities, that they may construe to mean yes,\\nor no, black or white, as may suit their corrupt purposes. Now, if\\nthere exist defects in this respect, it is because the present Constitu-\\ntion imposes too few, instead of too many, of these safe-guards to\\nour civil and religious rights.\\nMoreover, the regenerated Constitution they propose, is to un-\\nseat every present holder of office in the State. Tis impossible for\\nthem to confine their process of rotating out (the prime object of\\ntheir move) to political opponents, but political friends, even those\\nelected last fall for two and four years, and as yet hardl} warm in", "height": "4160", "width": "2768", "jp2-path": "formationofstate00park_0_0468.jp2"}, "469": {"fulltext": "f heir seats, must of necessity share the same fate. Will these appre\\nciate the necessity of the politicians move But the politicians are\\nactive giving assurance throughout the State that they will take care\\nto save political friends. How save Trust them not. They have\\nnot the power to save, if they would, when their ponderous rotating\\nmachine is once set agoing. The- only safety of such a\u00c2\u00abs are in* ex-\\nposed positions, lies kv preventing the starting of their machine, by\\nturning out and voting, clown the Convention. They have no safety\\nin any \u00c2\u00a9the? course. Sse a\u00c2\u00bbd ponder well the 17th and 20th sections\\nof the law before quoted, defining the* powers and duties of the Con\\nvention, if sailed.\\nOne wo?d now respecting the cost of their scheme should it be ac-\\ncomplished,- in which as a tax-pays? I feel a lively interest. Last\\nwinter as an= auxiliary for getting the Legislature to* submit the ques-\\ntion, a partisan* committee was appointed to report the probable cost\\nof carrying tbjo-egh the scheme proposed not including the new\\nCode, I presume and this committee reported the total cost aft\\n$37,503\u00e2\u0080\u0094 but omitted to give us the cents The entire unreliability\\n\u00c2\u00a9f estimates gotten up by politicians when they seek to get the Legis-\\nlature and people committed to a favorite scheme,, is felt and known\\nto all. Those that have been made for building the Penitentiary, and\\ncompleting the Insane Hospital,- are fresh in the minds of all. The\\ncost of advertising and printing and holding the required elections by\\nthe people, and the Convention, to cost only thirty-seven- thousand\\nfive hundred and three dollars Why the present Public Printers-\\nconfidently expect to realize much rtoore than that fo* their share of\\nthe spoils. And then add for The new Code a proportionate sum\\nWhy only tfoiwk,- our present Cod\u00c2\u00ae went k*o the- mill in 1863, was-\\nconstantly beings elaborated in some form by well paid agents, and\\ncame out about two mon ths since,- requiring, a period from seven to-\\neight years, and costing, over one hundred- thousand dollars And\\nnow the politicians modestly propose to knock both the Constitution-\\nand that in the; head, and start de now.\\nThe official estimate made by Gov. Stevenson- last winter will not\\nprove far out of the way. He certainly could not have had any per-\\nsonal motive to have overstated, and his large experience in such-\\nmatters, his ample means for obtaining correct data, with- his known-\\ncare and accuracy of judgment the personal and official responsibil-\\nity on which he made the statement, entitle it in my judgment, to the\\ndullest credit. He estimated the total cost, reckoning, both money", "height": "4160", "width": "2508", "jp2-path": "formationofstate00park_0_0469.jp2"}, "470": {"fulltext": "Sftd time (for business men reckon time as money) at about $$$6@\u00c2\u00ae%t\\nx-39 of which, or nine thousand dollars will be Brooke County s share-\\nwhich the tax-payers will have to pay\u00e2\u0080\u0094 and for what, let me in all\\nearnestness ask my fellow voters and tax-payers Suppose the town-\\nship system was premature at the start in some of our sparsely settled\\ndistricts (which I certainly am not prepared to admit,) the system has\\nbecome so interwoven with our entire State polity, including the\\nCode, that it cannot now be torn out without lacerating and disem-\\nboweling the entire body politic, the restoration of which will require-\\nmany years of persistent labor? and expenditure of vast sums of\\nmoney.- The genius of Jefferson originated the system in 1782, un-\\nder the name of wards, as embodying his ideal of a pure and per-\\nfect Democracy. Out of respect to his memory no tr e Democrat\\nshould too hastily Cease his labor to realize that great main s ideal\\nespecially when it is being so fully realised in all the great States ort\\nOUf North and West Let us then continue to advance in the direc-\\ntidti we have started. Let the Legislature abolish superfluous offices,\\nand repeal unnecessary, vision s laws,- and bring at once the adminis-\\ntration of the Government to harmonize with the simplicity and econ-\\nomy the present Constitution contemplates amend and improve our\\norganic law as experience shall show it is required)- in the mode the\\nFlick Amendment was carried through, imitating more closely the\\norganic laws bf which the old free States have attained to their present\\ngreatness instead of turning, back, as the politicians propose, and\\nresuming for our young and vigorous State, an obsolete organism\\nfashioned in the interest of slavery, that is now abolished.\\nLet the dead past bury its dead,\\nAct act with *h* kvvr^ present,\\nHeart within, and God o er head.\\nMark one thing: if either political party commits itself to the uh-\\nnecessary^ but purely selfish scheme of these politicians, it will be\\nsunk beyond hope of recovery by its weight before it gets through*\\nWith it and meantime) from its length of tail and many stings, it will\\nbe painful to any party to handle.\\nYerv Respectfulljr.-\\nG. P,\\nJune 30,- 1871*\\nI afterward? published through the West Virginia J nrpal oi\\nJuly 1-2, and the Wheeling Intelligencer of August 5, 187 1, what I\\nhoped would satisfactorily answer the specious claims for a Com en-", "height": "4160", "width": "2808", "jp2-path": "formationofstate00park_0_0470.jp2"}, "471": {"fulltext": "457\\nttott, made by judge Ferguson, Col. B. H. Smith and others, at a\\nlarge meeting held at the Capital, and by the Hon. C. J. Faulkner\\nat a like meeting at Martinsburg but I was mistaken. The Gov-\\nernor proclaimed the result of the election the Fourth Thursday of\\nAugust, 1871, to be 30,320 for the call, and 27,638 against 2,582\\nmajority in an aggregate vote of 57,858, and this after the colored\\npeople and ex-rebels had been enfranchised, and were free to vote.\\nDelegates subsequently chosen, assembled in Convention at the\\nCapital the third Tuesday of January following, formed and sub-\\nmitted for Ratification the fourth Thursday of August following, the\\npresent modified Constitution. During the canvass I submitted\\nthrough the Press the following remarks 1\\n[No* t.]\\nTHE PROPOSED CONSTITUTION, TO RE VOTED ON THE\\nFOURTH THURSDAY IN AUGUST.\\nEditors Wheeling Intelligencer\\nMyself with other unprejudiced and unaspiring tax-payers opposed\\nthe calling of the Convention, for the reason we were unable to see\\nany necessity for the expenditure of the time and money that would\\nbe required. A Convention, however, was called, as appeared by\\nofficial proclamation, by a very small majority of those voting.\\nI have always regarded the making, or altering of a Constitution, in\\nno sense a party question and though political, as one of such trans-\\ncendent importance, and the instrument of such permanent character\\nto shape in a greater or less degree the future organism of the State\\nafter we are in our graves and present political parties are extinct\\nas to imperatively demand of every honest citizen to lay aside all the\\nlittle party prejudices, schemes and aspirations of the present hour,\\nand approach the subject simply as a citizen and a man, who has the\\nfuture welfare of his State, and posterity, as well as himself, to care\\nfor.\\nEntertaining these views I need not say with what regret, nay, dis-\\ngust, I regarded the personal appeals to the most selfish passions of\\nthe voters that the Convention make in order to induce an adoption,\\nof their work. From their resort to such unworthy means, we may\\n1 1 3", "height": "4160", "width": "2524", "jp2-path": "formationofstate00park_0_0471.jp2"}, "472": {"fulltext": "0\u00c2\u00a7\\nsafely infer their own estimate of the intrinsic merit of the work tfrey\\noffer. It is always the venders of spurious articles known to be\\nspurious-\u00e2\u0080\u0094 -that resort to toworthy means,\\nThe great a rod solemn- duty of adopting, or rejecting a proposed\\nnew or greatly modified Constitution-, would seem to merit an election-\\nfor that purpose alone without coupling with it so rnany sordid ancf\\npurely selfish attractions\\nI propose briefly to notice some o-f the objectionable features of the\\nproposed instrument. Irv the first plaice, it is nearly \u00c2\u00a3wice as long as\\nour present Constitution; Truth and true principles- are always con-\\nsistent and harmonious, and require only a few right words to express\\nthem, as our Federal Constitution so strikingly illustrates.- Tis the\\nenunciation of false principles, and untruths, always contradictory\\nthat require an endless string of words in order to conceal the defects\\nand give a show of plausibility and decency.\\nThe second clause of section 2, article enunciates Calhoun s*\\ndogma of nullification and secession-, Which has proved the source of\\nso much national afid individual sacrifice and wofe. I o they suppose\\nthat we the people of the State, who alone hold the- sovereign power,,\\nare going to intrust to the Legislative, Executive or Judicial servants-\\nthat may be chosen from time to time to decide for us whether in*\\nany case the Federal Government has encroached^ on the rights re-\\nserved to States or the people respectively and if our State servants^\\ndecide affirmatively, then making it their high and solemn duty to*\\nguard and protect us against such encroachments. How are the\\nState servants going to do this, unless in the way the officers of South\\nCarolina attempted in- 1832 This ivny M r. Webster pointed out to\\nMr. Haynes in his celebrated reply to that gentleman in 1830. No,,\\nI should think our people had got enough of the bitter fruits of that\\nfatal heresy already. In any act of the Federal Government that\\nshall encroach on our reserved- rights the people of all the other\\nStates will be equally interested and with them= as co-sovereigns, the\\nsovereigns of our- State must unite and put the Federal agent right\\nand not make it, as proposed, the high and solemn duty of upstart\\npoliticians that may for the time compose our Legislature\u00e2\u0080\u0094 to involve\\nthe people of our State in a war with the Federal Government. I\\nhave been informed that a distinguished friend of the proposed Con-\\nstitution in the lower end of the State, advises not to vote for exclu-\\nding colored people from holding office, because if done, Congress\\nmay undertake to reconstruct West Virginia. Would not the adop-", "height": "4160", "width": "2760", "jp2-path": "formationofstate00park_0_0472.jp2"}, "473": {"fulltext": "459\\nCi Ti of the old nullification and secession dogma be more likely lb\\ninduce that process Do they really think that any of us who were\\njloyal to the Government during the late rebellion, will now consent to\\nplace in our Constitution the same old heresy that has led to nullifi-\\ncation, secession and rebellion\\nSec, 5, Art. 2 places .resident aliens on the same footing with citi-\\nzens as respects the purchase, holding, descent and disposal of the\\nelands within our State. I shall only suggest the door that the adop-\\ntion of this would open. It would make it possible for every foot of\\n.land in our State to become owned by persons owing allegiance to\\n\u00e2\u0080\u00a2some foreign power, and of course none to our Government and to\\ntransmit the same by descent, the same as citizens, to such kin as by\\nour law would be his legal heirs\u00e2\u0080\u0094regardless of the Government they\\nowed allegiance to, or where they reside. Suppose every other State\\nin the Union should adopt a similar provision, and the subjects of the\\nEuropean powers should undertake to largely buy up our lands how\\nwould our National Government stand affected in case of a war with\\nthese European powers It would find the lands within its jurisdic-\\ntion, through State action, transferred to and owned by persons owing-\\nallegiance, not to itself, but to the powers it was warring against. Not\\nowing allegiance they would be incapable of committing treason for\\nwhich alone forfeitures are allowed under the Federal Constitution,\\nIs it likely the Federal Government would allow State provisions like\\nthe one proposed, to be very extensively carried out? I think not,\\nMoreover, it does away with one of the strongest inducements for-\\neigners have to become naturalized citizens, as it allows them the\\nfullest control of our lands, while they remain aliens and foreigners.\\nAs the getters up of the wholly uncalled for Convention as the\\nresult has shown, which unprejudiced and unaspiring voters opposed\\nfrom the first have become divided between Camden and Jacob,\\nand bitterly hostile as would seem the latter should consent to vote\\nfor neither of the rival candidates without first having assurance that\\nthose they shall aid will aid them in voting down the Constitutional\\nhumbug. The Conventionists last winter formed the Camden ring,\\nthe same time they did the proposed Constitution. Let honest men\\nunite and crush both.\\nVery Respectfully,\\nJuly 16, 1872.", "height": "4156", "width": "2508", "jp2-path": "formationofstate00park_0_0473.jp2"}, "474": {"fulltext": "4(50\\n[No. 2.]\\nTHE PROPOSED CONSTITUTION, TO BE VOTED ON THE\\nFOURTH THURSDAY IN AUGUST.\\nEditors Wheeli?ig Intelligencer\\nSection 4, Article 3, provides that the writ of habeas corpus shall\\nnot, in any case, be suspended. The Federal Constitution and the\\npresent Constitution of every State in the Union in terms expressed\\nor implied provides that it may be when in case of Rebellion or in-\\nsurrection the public safety may require it.\\nWhy the omission in the proposed Constitution of the exception\\nwhich the combined wisdom of our countrymen since the achievement\\nof our Independence has seen proper to make in all their Constitu-\\ntions or organic laws Have they all been mistaken and left it for\\nthe Convention assembled at Charleston last winter to first discover\\nthe mistake The Constitution they propose for our adoption makes\\nour State a qualified sovereign power, at least, against which treason\\nmay be committed, and rebellion and insurrection against its author-\\nity, may occur as it did in the Dorr Rebellion in Rhode Island in\\n1842; and provides for a State militia and makes the Governor Com-\\nmander-in-Chief, and makes it his sworn duty to suppress rebellion\\nand insurrection against its authority. How is he going to do it, un-\\nless himself as Commander-in-Chief of the war power of the State,\\nor the Legislature, has the power to suspend the writ of habeas corpus,\\nas the Legislature of Rhode Island did in the Dorr Rebellion in\\n1842 Until this is done all the Civil Courts a majority, even, of\\nwhich may favor the insurgents have the power through this writ of\\nhabeas corpus to take and bring before them and set free any insur-\\ngent whose liberty is restrained, and discharge and send home any\\nsoldier of the Governor s militia force, leaving the Governor with the\\noath of God upon his conscience to put down the rebellion or insur-\\nrection, and take care that the laws be faithfully executed, without\\neven a corporal s guard to assist How can he do it when his sol-\\ndiers have been taken on writs of habeas corpus, and when wanted to\\nright the enemy are either attending Court, or discharged and gone\\nhome For these and other obvious reasons, the American people\\nuniformly adopt the exception in their Constitutions. A member", "height": "4160", "width": "2768", "jp2-path": "formationofstate00park_0_0474.jp2"}, "475": {"fulltext": "calls this the great writ of personal liberty that can t be suspended.\\nIt is so great, that if adopted it will take from the State the power of\\nmaintaining her peace or existence, especially when aliens and for-\\neigners avail themselves of their invitation to become the owners of\\nher soil.\\nSection ioth of same Article is equally novel and absurd. It is\\nthis: No person shall be deprived of life, liberty or property with-\\nout due process of law, and the judgment of his peers. The part\\nnot italicised is contained in the Fifth Amendment to the National\\nConstitution, proposed I think by Virginia in 1789, and is also con-\\ntained I think, in every State Constitution that has been made since.\\nThe terms due process of law has been uniformly construed to\\nmean, for causes, and in the mode existing laws prescribe. Hence\\nJustices of the Peace have uniformly imprisoned and deprived per-\\nsons of property which they honestly believed they owned, without\\nthe intervention of juries j so our Courts of Chancery throughout the\\ncountry, are daily deciding on the rights, and transferring from one\\nperson to another through their Commissioners, immense properties\\nwithout the intervention of juries, that is, the judgment of their\\npeers so in our army in pursuance of the articles of war establish-\\ned by Congress, members of the U. S. Army are tried and deprived\\nof their liberty, and often of their lives, by Courts Martial, composed\\nalways of superiors, and not of their equals in rank, in other words\\ntheir peers, which literally means equals in rank, and in common\\nlaw parlance ordinarily a jury of twelve men. What use or applica-\\ntion the Conventionists expected the phrase to have in our system of\\ngovernment, I am unable to conceive unless it be to give rise to\\nendless law-suits. For while they give Justices of the Peace jurisdic-\\ntion in civil matters to decide, and deprive parties of property to\\nthe amount of $100, with unlimited power to arrest and commit in\\ncriminal cases they expressly forbid their having juries in any case.\\nNeither have they any provision requiring our Chancery Courts to\\ninvoke the aid of juries.\\nSection 13th of same article provides that when a man sues directly\\nin the County Court for any sum over $20 say $20,01, he shall have\\na jury of twelve men to try the same but if he sues before a Mag-\\nistrate for $100.00, and afterwards appeals to the County Court, the\\nLegislature may authorize a less number than twelve jurymen to try\\nsuch appealed case. The wisdom and purpose of this distinction\\nare too subtle for my comprehension, although they concede that our", "height": "4160", "width": "2560", "jp2-path": "formationofstate00park_0_0475.jp2"}, "476": {"fulltext": "462\\npresent juries of six men, that may be required before Justices, sat-\\nisfies the 7th amendment of the Federal Constitution.\\nArticle 4th, Section 12th declares in effect that our people shall\\nnot be required to prove their right to vote and have their names\\nentered on a register at any time and Section 43, Article 5 expressly\\nforbids it. This of course throws upon the officers superintending\\nthe election, the duty to hear evidence and decide, while the election\\nis going on all the various and often intricate questions that arise\\ntouching the qualification to vote of the numerous persons offering.\\nNearly every State in the Union has a law requiring these questions\\nto be heard and decided, and the names of all such as are found\\nqualified to vote entered on a register, previous to the day of elec-\\ntion so that the superintendents on the day of election have only to\\nattend to receiving the votes of those whose names have been pre-\\nviously registered, and also such as are able to show reasonable cause\\nfor not having previously attended, proved their right to vote, and\\nhad their names registered. Our present Constitution authorizes the\\n\u00e2\u0080\u00a2Legislature to make a similar law. What could have been the motive\\nfor the Conventionists thus throwing upon the superintendants the\\nhearing and deciding the various questions that arise, and attending\\nto receiving the ballots, keeping order c, at one and the same time?\\nIt certainly confines the hearing and decision of these important\\n\u00e2\u0080\u00a2questions to a few moments of time by officers who have enough else\\nto attend to.\\nThe test oaths they have so much complained of, would apply\\nequally to the time they propose for determining who are entitled to\\n\u00e2\u0080\u00a2vote and besides, all these are now abolished and can, by no pos-\\nsibility be revived, unless a portion of our people de-citizenize them-\\nselves again by becoming public enemies to the United States Gov-\\nernment which I hope is not contemplated though I confess there\\nare several features in the proposed Constitution that would squint\\nthat way, could they not be attributed to the peculiarity of their edu-\\ncation, and fossilized prejudice inflamed by chagrin.\\nVery Respectfully,\\nG. P.\\nJuly 18, 1-872.\\nP. S. When you speak of me as a Democrat, which I hope I am,\\nplease add but not of the Greeley stamp.", "height": "4160", "width": "2756", "jp2-path": "formationofstate00park_0_0476.jp2"}, "477": {"fulltext": "M3\\n[No. 3-T\\nTHE PROPOSED CONSTITUTION, TO BE VOTED ON THE\\nFOURTH THURSDAY IN AUGUST.\\nEditors Wheeling Intelligencer t\\nArticle 6, Section r6, requiring the members of the Legislature\\nbefore entering on- the duties of fehei? office to take in addition to the\\nusual oath of office, an oath not to accept bribes that is not to com--\\nMit an infamous crime while acting, in their official capacity\u00e2\u0080\u0094 is novel\\narid must disparage our people in the estimation of civilized com-\\nmunities everywhere Why not swear them not to reak any of the\\ncommands of the decalogue during the same period Why not ad-\\nminister a like oath to the Executive and Judicial officers In what\\na humiliating aspect it would present our people to the moral sense\\nof tire world, who willj and- rigfertly too, regard our officers as reflect-\\ning the character of their eonstikiences Officers requiring such\\noaths are not the persons to be entrusted with the high and solemn\\nduty of deciding for us when the Federal Government shall encroach-\\nupon our reserved rights, and of guarding and protecting us at all\\nhazards\u00e2\u0080\u0094 even to war with the Federal Government,- In enlighten-\\ning the intellect and elevating the moral tone of the constituency,,\\nlies the only remedy and not in precautionary oaths, or the infliction\\nof infamous penalties.\\nSection 35, of same article declares- thus The State of W esfr\\nVirginia shall never be made defendant in any Court of Law or\\nEquity. Suppose old- Virginia should sue her again in the United\\nStates Supreme Court as she did recendy to recover Jefferson and\\nBerkley Counties, and the United States Supreme Court should en-\\ntertain the action, as it certainly would\u00e2\u0080\u0094what would our Legislature\\ndo, being clothed with the high and solemn duty of guarding and\\nprotecting us and- the State Constitution of course against all en-\\ncroachment Certainly nothing short of a declaration of war against\\nthe Federal Government, whose Constitution says any State in the\\nUnion may sue and be made defendant, in the United States Supreme\\nCourt -would suffice. And then the State militia- must march as-\\nSouth Carolina s did under Col. Haynes and Mr. Calhoun in 1832^\\nuntil Gen. Jackson confronted them-. I don t see how their high-", "height": "4160", "width": "2512", "jp2-path": "formationofstate00park_0_0477.jp2"}, "478": {"fulltext": "464\\nand solemn duty could be discharged short of that. Coupled with\\nthis section was, doubtless, the omission to recognize in any form the\\n9th section of the Ordinance of Separation passed by the Convention\\nof the people of Virginia, assembled at Wheeling August 20, i86i*\\nThis provision was in substance a contract which the Federal Consti-\\ntution does not permit our people to violate in any form, whether our\\nState Constitution recognizes it or not. Their omission to recognize\\nin the proposed Constitution the purpose they avow with so much\\ncredit and satisfaction\u00e2\u0080\u0094 while it stamps our people with perfidy, can,\\nin no degree, release us from our just liability in regard to the Vir-\\nginia debt.\\nSection 39 of the same article would seem to so far restrict legisla-\\ntion in regard to special and local subjects, as to require all laws in\\ntheir application to be coextensive with the limits of the State, and far\\nabove the practical local needs of the people, which are constantly\\nchanging.\\nArticle 7, section t, the union of the duties of Attorney- General\\nand Reporter of Court of Appeals decisions, in the same person,\\nwould seem to me to be often embarrassing, if not wholly incompati-\\nble. Why require the Executive officers, as Auditor, Treasurer, c.,\\nexcept the Attorney-General, to reside, that is, have their families\\nlocated at the seat of Government during their term of office It\\nwould often enhance their expenses\u00e2\u0080\u0094and wherein benefit the public\\nThe Court of Appeals proposed, is to consist of four Judges instead\\nof three as now. The almost universal practice throughout the civil-\\nized world is to have an odd number, three, five, seven, nine, c, so\\nas to render it impossible for them to stand equally divided on any\\nquestion and produce in every case a decision that shall be regard-\\ned as a precedent. When from accident or otherwise, an even num-\\nber has been present and they equally divided, the judgment below\\nstood confirmed and the decision considered a binding precedent.\\nThe proposed Constitution adopts this rule with its four Judges, ex-\\ncept in the last instance, their decision is not to be regarded as a\\nprecedent or authority beyond the case itself. In all cases like the\\nlast therefore the question is undecided and open for future litigation j\\nwhereas with the present number the question would have been\\njudicially settled for all time, and all cases. The present number are\\namply able to do all the work of our little State, for the present\\nat least. What motive the Conventionists had, except to displace the", "height": "4160", "width": "2772", "jp2-path": "formationofstate00park_0_0478.jp2"}, "479": {"fulltext": "465\\npresent faithful incumbents and make a nice place for four of their\\nparty, and still keep open for further litigation disputed questions, I\\nam unable to see.\\nThey propose to have nine Circuit Judges, each to hold two terms\\na year in each County.\\nAs constituting the next judicial grade below, they propose to have\\nfifty-four County Courts, one for each County, composed of a County\\nJudge to be chosen by vote of each County, who is to preside, is to\\nhold six terms in his County each year\u00e2\u0080\u0094 -at four of which terms two\\nJustices of the Peace are to sit with him, and at the other two terms,\\na majority of all the Justices of the County are to sit with him. The\\nJudge is to have $4 a day for the time he sits, and his associates $3\\neach. Of course the compensation paid will not secure a County\\nJudge of any considerable legal attainment and still they propose to\\nclothe his Court with large law and equity jurisdiction, and give him\\na grand and two petty juries with all the attendant officers that attend\\nthe Circuit Court, where a Judge presides who is learned in the law,\\nknows what it is, is competent to instruct all in attendance, including\\nlawyers and juries, in that regard is master of his position, able, com-\\npetent and disposed to dispatch the business by administering the\\nlaw. While the County Judge, though a good man otherwise, has\\nnever studied the law, and don t know what it is that he has under-\\ntaken to administer; the lawyers will lead him by the nose, tangle him\\nup and confound him with their legal quibbles and sophistries, while\\ngrand and petty juries and suitors with their witnesses from all parts\\nof the County, are in attendance, enjoying the sport, or sharing the\\nmortification\u00e2\u0080\u0094 -at a cost to the County and parties of hundreds of\\ndollars per day I have not overdrawn the picture, as any one who\\nhas witnessed the workings of the old Virginia County Courts, will\\nsay\u00e2\u0080\u0094 Courts that belong as emphatically to the past, as the pyramids\\nand mummies of Egypt. And still the Convention seriously asks us\\nto adopt this system in place of our present simple, practical, com-\\nmon sense mode of conducting our County and Judicial affairs, where\\na Circuit Judge, learned in the law and master of his position, comes\\namong us three times a year, dispatches the business promptly and\\nintelligently, and releases the County and parties of a heavy expense,\\nboth of money and time; while our Boards of Supervisors, composed\\nof practical business men, manage and dispatch with alacrity and\\npractical sense the fiscal and internal concerns of the County thus\\nverifying the old adage, Every man to his own trade. 5 or work he\\nJ3", "height": "4156", "width": "2556", "jp2-path": "formationofstate00park_0_0479.jp2"}, "480": {"fulltext": "466\\nunderstands and is master of. Talk about the economy of the two\\nsystems What they propose to pay the County Judge and his asso-\\nciates, sinks into nothing when we consider the immense retinue and\\nattendants, grand and petty juries, suitors, witnesses and officers that\\nmust necessarily accompany their sessions all comparatively useless\\nand inefficient for the want of a competent legal mind on the bench\\nto instruct? direct and control. With equal propriety A. T. Stewart\\nmight employ a common farmer of mechanic and place him at the\\nhead of one of his immense Dry Goods stores? to superintend and di-\\nrect the numerous employees? and call it economy, because he got him\\nat two dollars per day It is amusing after surveying the different\\nsubjects and duties they propose to devolve on the County Courts to\\nrefer to Section i, Article 5? which undertakes carefully to define and\\nseparate the duties of legislative, executive and judicial officers, and\\nexpressly forbids those of one department exercising the duties\\nproperly appertaining to either of the others they devolve\\non their County Court the duties of three departments in one confus-\\ned medley. They give justices of the Peace jurisdiction throughout\\ntheir respective Counties and the party suing may compel his op-\\nponent to travel the whole extent of his County to attend a justice\\ncourt. They have jurisdiction in civil matters to $100? but when\\nover $20 the defendant may at once remove the suit to the County\\nCourt. Their main purpose appears to be? to make it necessary in\\nall cases to employ lawyers and oblige all parties and witnesses to\\ncome to them at the County seats? where are to be established again\\nthe County Courts with their rings? once so famous in Virginia? and\\nto which and the Cal-houn dogma of which they were the chief ex-\\npounders, the late rebellion in a great measure owes its origin.\\nVery Respectfully.\\nG. P.\\nJuly 20, 1872.\\n[No. 4. J\\nTHE PROPOSED CONSTITUTION, TO EE VOTED ON THE\\nFOURTH THURSDAY IN AUGUST.\\nEditors Wheeling Intelligencer\\nThe framers fearing their County Court humbug would not be\\nrelished, proposed to secure the adoption of its pernicious features", "height": "4160", "width": "2772", "jp2-path": "formationofstate00park_0_0480.jp2"}, "481": {"fulltext": "467\\nby allowing the people of any County, or of two or more adjoining\\nCounties combined, with the assistance of the Legislature, to affix\\nnames other than County Courts. See Section 34, Article 8. Thus\\nallowing, if not inviting, the third grade of Courts throughout the\\nState to be known by as many different names as there are Counties\\nyet they take care to secure the same pernicious features under all\\nthe different names that may be selected. What a checkered face,\\nand medley of names, our State would exhibit in this grade of her\\nCourts and each performing the duties that the citizens of other\\nStates will be most interested in, and be obliged to consult, as record-\\ners of deeds, taxes^ c. How can these find out the names of the\\nofficers to be addressed This feature is indeed original. It is un-\\nknown to every other State in the tJnion, and I think the civilized\\nworld. A uniformity of names as well as powers of Courts of the\\nsame grade, are always preserved throughout all the Counties of the\\nStates, excepting only in incorporated cities and towns.\\nBy Section 4 Article 9 they propose another novelty equally un-\\nknown in our American system. It is, I think, a universal practice to\\nremove from office judicial officers for malfeasance, misfeasance, or\\nneglect of duty therein, by impeachment by the popular branch of\\nthe Legislature, and conviction by the Senate or by the address or\\nresolution of the Legislature.\\nThe framers propose to remove the County Court Judges by hav-\\ning them indicted for either of said causes, and convicted before the\\nCircuit Court in the same manner as is done with horse thieves and\\nother felons. This is novel indeed, and illy comports with the im-\\nposing dignity with which they propose to clothe their County Courts,\\nor the independent judiciary they promised. Why, it would make\\nany of these grave dignitaries, while presiding with his magis-\\nterial supports on either hand, over an immense and imposing\\nretinue, composed of grand and petit juries, lawyers, sheriffs, suitors,\\nwitnesses, c, liable to be seized and carried away at any moment\\non capias issued\u00e2\u0080\u0094 -on indictment found in the Circuit Court for alleg-\\ned neglect of duty merely, at the instance of a disappointed suitor.\\nWhat a spectacle such an occurrence would present. I would ask my\\nfellow citizens to pause here a moment and compare this proposed\\nsystem with the present township system, which Mr. Jefferson orig-\\ninated. Each township with its justice, whose jurisdiction is limited\\nto his township, before whom his townsmen can come, and with or\\nwithout the aid of six neighbors as a jury, promptly, cheaply and sat-", "height": "4160", "width": "2556", "jp2-path": "formationofstate00park_0_0481.jp2"}, "482": {"fulltext": "468\\nisfactorily settle home disputes, and without the aid of lawyers. Shall\\nwe then give up the township system with its neighborhood courts, its;\\nfree schools for our children, and as our Fathers told us, the fittest\\nschools for educating and training American freemen, and intrust all\\nagain to the old County Courts and their rings. The township sys-\\ntem has been new to us, and as yet but partially, and in many sec-\\ntions quite unfairly tried. Other States we may feel proud to imitate*\\nhave long tried and now cherish the system.\\nArticle nth seems to me objectionable on many grounds. Its most\\nobvious purpose seems to be to secure votes by appealing to present\\nexisting popular prejudice against the Baltimore Ohio and other\\nsimilar large railroad corporations, and in their eagerness to bring\\nthis prejudice to the support of their proposed Constitution, they\\nhave gone in many instances to ridiculous lengths, to lengths that\\nmust beget infinite litigations, and finally be decided in favor of the\\ncompanies already in possession of their charters, which are contracts\\nthat the Federal Constitution and the uniform decisions of the Fed-\\neral Courts abundantly protect and uphold. What right has our peo-\\nple, either by its Constitution or Legislature, to restrict or modify the\\nrights conferred by any charter granted prior to 1850, wherein such\\nright to alter or modify is not expressly reserved in the charter itself?\\nCertainly none. Moreover the first Section, prohibiting the Legisla-\\nture granting any special charter in any case seems to me unstates-\\nmanlike and unwise. The charters for the various internal improve-\\nments through different and dissimilar localities will necessitate differ-\\nent and peculiar provisions, which can only be reached by special\\ncharters.\\nSection 11, Article 12, on education, seems to me particularly ob-\\njectionable for it prohibits for all time the establishment of addi-\\ntional Normal schools, whose legitimate object is to qualify and train\\nmale and female teachers for our free schools. There is now a great\\nscarcity of competent teachers. Few of these are natives of the\\nState, but come from neighboring States generally of the lower\\ngrades frequently mere adventurers, and exact high wages. Now\\nthere is no better material for making good teachers than our own\\nnative boys and girls afford. Is it not right as well as true State\\npolicy to train and qualify our own boys and girls to become the\\nteachers of our free schools\\nIt will improve their character, qualify them for honorable, useful", "height": "4160", "width": "2768", "jp2-path": "formationofstate00park_0_0482.jp2"}, "483": {"fulltext": "469\\nand remunerative employment, and at the same time keep the monies\\nvve pay out for teachers at home among ourselves. Such a course I\\nknow would gratify our own people, our farmers, mechanics, c, the\\nfathers of our boys and girls, no less than the boys and girls them-\\nselves. Normal schools erected in convenient sections of the State,\\nare the proper institutions to do this work most speedily and cheaply\\nand hence the impolicy and injustice in absolutely prohibiting for all\\ntime their creation. I am for encouraging home production to this\\nextent at least. What should we think of our people if, after raising\\nplenty of good wheat, for which there was not remunerative markets,\\nthey should neglect to manufacture it, but purchase their flour of in-\\nferior stamp abroad at extravagant prices\\nArticle 13 on Land Titles, the framers count on as sure to bring\\nto the support of their instrument all that unfortunate class in our\\nState known as squatters or junior patentees, on whose imperfect and\\nconfused titles our politicians have lived, moved and had their be-\\ning for the last forty years. They therefore have counted much on\\nthis article, and are parading it everywhere, and assuring those they\\nhave so long managed to dupe, that if adopted, it will take the lands\\nof citizens of other States, honestly purchased and taxes paid, which\\npersons they call dishonest speculators, and give all to the occupants\\nI have examined the article and am unable to see how it can in\\nany way, materially benefit or harm this unfortunate class though I\\ncan see that the parade they make of it, and disposition and feeling\\nshown, will greatly injure our State and people with the citizens of\\nother States, whose confidence, capital and co-operation we stand in\\neminent need of at this time.\\nThe 14th Article, their mode of amending the Constitution. The\\nonly material difference between this and Article 12th of the present\\nConstitution is this They require a specific amendment to be ap-\\nproved by a two-thirds majority of our Legislature before submitting\\nit to the people while the present Constitution requires the approval\\nof a bare majority of our Legislature, and then three months publi-\\ncation of the proposed amendment before the election of the suc-\\nceeding Legislature, so the people may vote with regard to it and\\nthen if approved by a majority of the Legislature so elected, it is to\\nbe submitted to the people. It strikes me the latter mode is the\\nsafest and best for the reason the proposed mode requires the\\npeople to get a two-thirds majority of the Legislature to concur be-\\nfore any specific amendment can be inaugurated, however much", "height": "4160", "width": "2528", "jp2-path": "formationofstate00park_0_0483.jp2"}, "484": {"fulltext": "470\\nneeded the amendment may be; and if the Legislature should of its\\nown motion propose one that was not needed, it can only be stopped\\nor disposed of by an election of the people with its accompanying\\nloss of time and money whereas by the present mode a bare major-\\nity of any Legislature is competent to propose one or more specific\\namendments. These have to be published three months throughout\\nthe State before the succeeding Legislature is elected, so the voters\\ncan read and consider them, and if not approved, can choose a Leg-\\nislature that will disprove, and this ends the matter, without any ad-\\nditional expense but the previous publication.\\nThe permission to the Legislature to lessen the credit with the\\ncommunity of persons whose real and personal property is worth only\\n$1200 or less, by exempting that amount from being taken for debt,\\nwould not be likely to be acted on by any Legislature, with the con-\\nsent of that class, as it is the poor and dependent that need credit,\\nnot the rich and independent.\\nThe schedule by which they propose to put their plan in operation\\nis equally novel and peculiar. If after a month or two for ascertain-\\ning, it shall appear that a majority voting has approved of their in-\\nstrument, it is to take effect and be in operation from one minute past\\nmidnight preceding the day of the election. That is some eight hours\\nbefore the polls are opened, and seventeen or eighteen hours before\\nthey are closed. With equal propriety they could have fixed the\\ncommencement of its operation the midnight preceding the 20th of\\nJune, 1863, when the present Constitution went into operation, and\\nso have wiped out entirely the present Constitution that has annoyed\\nthem so much. Another novel feature is, all the offices it creates are\\nto be filled by choosing at the same election and the election of the\\nmembers of the Legislature is to vacate the offices of the present\\nmembers, and as the terms of the members elect do not commence\\nbefore the first Tuesday of November next, between the two dates\\nthere will be no Legislature and no power anywhere to create one,\\nno matter what should happen. Whose high and solemn duty will\\nit be to guard and protect us from encroachments on our reserved\\nrights during that period It provides that our present Courts\\nshall continue till the first of January next, and requires them to hold\\ntheir terms of Court as now established but provides that all pro-\\ncesses outstanding the 2 2d day of August, the day of election, shall\\nbe returned to the newly elected Court to be organized at such time\\nafter the first of January as the newly elected Legislature, to convene", "height": "4156", "width": "2784", "jp2-path": "formationofstate00park_0_0484.jp2"}, "485": {"fulltext": "471\\nthe third Tuesday of November, may direct. What will the officers\\ndo who hold such outstanding processes, which imperatively com-\\nmand such officers to make due return to a particular Court on a\\nspecified day What becomes of the attachments, bonds, securi-\\nties, c, connected with these outstanding processes I leave these\\nquestions for wiser heads to solve.\\nI have thus called the attention of my fellow citizens to what seems\\nto me grave objections. Those touching the election of members of\\nCongress, the imperfect description of our territory, the greatly en-\\nhanced cost, c, c, have already been discussed by more compe-\\ntent minds.\\nMy confidence in the intelligence and patriotism of my fellow citi-\\nzens forbids a doubt, but that the proposed Constitution, its schedule\\nand the ring, will be overwhelmingly defeated but if through the\\nchastisements of an inscrutable Providence it should happen other-\\nwise, I would say in behalf of myself and fellow citizens Remem-\\nber us, oh God, in this, the severest of Thy Inflictions\\nVery Respectfully,\\nG. P.\\nJuly 22, 1872.\\nThe Governor subsequently proclaimed the Ratification carried by\\na vote of 42,154 in favor, and 37,748 against by a majority of 4,406\\nin an aggregate vote of 79,902; and new officers duly elected in pur-\\nsuance thereof. No returns had been received from the Counties of\\nRitchie and McDowell, whose vote would not have changed the re-\\nsult if no fraud. The Convention submitted by a separate poll the\\nquestion, whether colored men should be eligible to office, though\\nthe Fourteenth and Fifteenth Amendments of the Federal Constitu-\\ntion had made them both citizens and voters. The vote for exclud-\\ning from office on account of race, color, or previous condition of\\nservitude, was only 27,568. A fear of Congressional Reconstruc-\\ntion, (that might uncover fraud) I was told, deterred many from vot-\\ning on the Proposition, who otherwise would.\\nThe somewhat puzzling question, and suspicious feature of this\\ntransaction, is, how the aggregate vote cast in the State a year before\\nwhen both the ex-rebels and colored people were enfranchised, and\\nwhen the most vital step in their scheme was at stake, was only 57,-\\n858 should become increased to 79,902 an increase of 22,044", "height": "4160", "width": "2532", "jp2-path": "formationofstate00park_0_0485.jp2"}, "486": {"fulltext": "472\\nwithout any apparent, legitimate cause I here insert the remarks of\\nmy critical, ingenuous friend, Mr. Hall, then Editor of the W heeling\\nIntelligencer, appearing in that paper of October 30, 1872, as one\\nhypothesis that will solve the problem\u00e2\u0080\u0094 with this additional suggestion\\nthere were at the time of the election, thousands of men, citizens of\\nVirginia and other States, at work on the Western end of the Chesa-\\npeake Ohio Railroad, and there was no law requiring a previous\\nregistration of voters that having been repealed in February, 187 1,\\nby the Legislature that inaugurated the Convention scheme.\\nTHE VOTE ON THE CONSTITUTION.\\nIn our columns yesterday appeared the full vote of the State on\\nthe Constitution in August, as derived from official sources, except-\\ning the Counties of McDowell and Ritchie from which no returns\\nhad been received. It shows that the vote then cast (at least return-\\ned) was far the largest ever cast in the State. The aggregate report-\\ned is 79,902, with Ritchie and McDowell to hear from. These\\nCounties cast about fifteen hundred votes a year ago. Their vote\\nmakes the total over eighty-one thousand. The vote for Governor\\nin 1868 was 49,293, in 1870 56,030. That on the call for the Con-\\nvention in August last year, was 58,227. The vote last month is\\ntherefore more than 23,000, or over 40 per cent, greater than any\\never cast before. All restrictions on suffrage were removed by the\\nratification of the Flick Amendment in April last year. The vote\\nin the following August was as free as it was last month, yet we have\\nthe surprising addition in one year of 23,000 votes to a vote of\\n58,000.\\nCabell is the only County whose vote exceeded one to each four\\ninhabitants.\\nThe Counties whose vote exceeded one to each five, but fell be-\\nlow one to each four, are Calhoun, Gilmer, Lincoln, Marion, Pleas-\\nants, Raleigh, Wayne, Webster and Wirt. All of these Counties (ex-\\ncept only Pleasants) gave majorities for the Constitution. The vote\\nof Calhoun last year was 472, this year 652 Gilmer last year 603,\\nthis year 875; Lincoln last year 721, this year 1,054; Marion last\\nyear 2,408, this year 2,911; Raleigh last year 482, this year 846\\nWebster last year 226, this year 362; Wirt last year 802, this year\\n964; Wayne last year 1.024, this year 1,796; Cabell last year 927,", "height": "4172", "width": "2784", "jp2-path": "formationofstate00park_0_0486.jp2"}, "487": {"fulltext": "year 1,670. Other instances quite as striking could be noted}\\nsuch as Wood, which added 1,011 to her 2.690; Wetzel, which ad-\\nded 7 16 to its 746 Barbour, which added 502 to its 1,402; Pleas-\\nants, which added 282 to its 440, and so on,\\nThis extraordinary vote may have been honestly cast and return-\\ned. We have no evidence that justifies us in asserting that it was\\nnot, but these figures inevitably provoke a doubt. We present the\\nfigures and leave the reader to judge for himself;\\nI published the following at the time the Legislature was remod-\\nelling the Free School system, under their new Constitution and\\nwhen different plans were being proposed.\\n[No. 1.]\\nPLAS FOR A FREE SCHOOL SYSTEM,\\nEditors Wheeling Intelligencer\\nWill not something like the following Free School System best suit\\nour people at the present time\\nFirst Let the Legislature fix and levy the entire amount to be\\nraised annually for school purposes.\\nSecond Let this be collected by the Sheriffs and paid into the\\nState Treasury the Auditor to keep an account of the school money\\nreceived from each County.\\nTkird-^lAt the voters of each County elect a Treasurer of its\\nSchool Fund hedge him round so die money can t be lost.\\nFourth-^ Authorize the Auditor to pay to each Treasurer the\\namount his respective County has paid in, with the quotas arising\\nfrom the permanent fund as at present.\\nFifth Let the voters of each school district choose annually one\\nof their number to act as Commissioner to keep in repair the school\\nhouse, hire, draw the money coming to his district, and pay the teach-\\ners. The Commissioner to draw no pay for ordinary services. This\\nK3", "height": "4148", "width": "2564", "jp2-path": "formationofstate00park_0_0487.jp2"}, "488": {"fulltext": "474\\noffice to rotate annually, and to be performed gratuitously by the vo-\\nters for the sake of the cause.\\nSixth Let the Presiding Justice of the County Court, with the\\nCommonwealth s Attorney and the Clerks of the Circuit and County\\nCourts, constitute the Board of Examiners\u00e2\u0080\u0094 the applicants paying the\\nprescribed fees.\\nSeventh Let the Treasurer act as County Superintendent ^each\\nteacher be required* to report to him, and be to the State Superin-\\ntendent.\\nEighth\u00e2\u0080\u0094 Complete as soon as practicable,- the Normal Schools now\\nauthorized by law, give to them the greatest efficiency possible, and\\nmake the terms so reasonable as to enable and induce the young mere\\nand women of our mountain districts to come and qualify themselves\\nto become teachers in their respective districts or neighborhoods. This-\\nwill quicken- and inspire the young men and women, and they will be\\nthe best qualified to teach, quicken and inspire their neighbors 7 chil-\\ndren. Their literary attainments need not be high, as it is only the-\\nrudiments they will be required to teach but should be accurate and\\nthorough as far as they have gone. This system not to apply to in-\\ncorporated cities and towns\u00e2\u0080\u0094give such the privilege of having as\\nhigh a grade of schools as they desire they paying the additional\\nexpense.\\nIt should be constantly borne in mind, it seems to me, that a large\\nmajority of the children of the State, especially the mountain dis-\\ntricts, are comparatively illiterate, and to do the work right we ought\\nto begin at the bottom and work in a way that the tax-payers and\\nparents shall see and realize the advantage derived to their children.\\nThe support the people have already given the system with all the\\nerrors of administration, ought to admonish all that it is a subject\\nnear to their hearts. The children crave- to learn- the art that shall\\nenable them to read and think for themselves, and so emancipate\\nthemselves from the control of demagogues, both secular and spirit-\\nual. My earnest desire is that every child in the State shall enjoy\\nthis inestimable privilege and when this is done, it will be time-\\nenough to consider whether it is true State policy to tax the people\\nto carry them further than-- a practical common school education. I\\ndon t believe it is. Such as really merit can always of themselves-\\nfind the means to go higher, and all such as have not the native ca-\\npacity had better remain where they are, lest a good farmer or me-\\nchanic, most valuable to the State,, should become a public nuisance", "height": "4152", "width": "2764", "jp2-path": "formationofstate00park_0_0488.jp2"}, "489": {"fulltext": "475\\nin the shape of a pettifogging lawyer, quack doctor, or renegade\\npreacher, genteel loafer, or thieving practitioner generally. No Con-\\nstitutional objection can be raised to the plan indicated. If a local\\nBoard of Education can levy money by authority of the people,\\nthere is no reason why the Legislature may not its members being\\nalso their immediate agents and to their combined wisdom, is it not\\nsafest and best to confide this delicate task for the present at least i\\nIf it be objected, that the Counties of low valuation should receive\\nsnore than they pay in I reply that neither equity nor true State\\npolicy would sanction. While the number of children may be pro-\\nportionably larger, much less expensive teachers are required as a\\ngeneral thing to meet their wants. Besides, the more rich and ad\\nvanced Counties have had to pay their way up from a similar state of\\nilliteracy, and why should not those now behind do likewise I see\\nno reason.\\nMyself and friends have paid and are now paying large amounts\\nof taxes for school purposes and we do it most cheerfully when k\\ngoes to help open the eyes and enfranchise the minds of the youth of\\nour State, but it stirs us deeply to see these children s bread snatch-\\ned and devoured by dogs nay worse than dogs be they secular or\\nof some of the religious orders.\\nThese are suggestions merely for the consideration of my fellow\\ncitizens and tax-payers. The plan is simple, and the people whose\\nconcern it is, can understand it. Thieves cannot break through and\\nsteal. It is purely secular, and ambitious rival sectaries cannot en-\\nter. And though it possesses none of the complicated machinery of\\nthe present system, which our mountain districts have never under-\\nstood and of course have mismanaged, nor the stilted, high-sounding\\nadditions the recent Educational Convention propose to engraft in\\nthe form of many grades of Examining Boards, with as many grades\\nof certificates, and worse than all a Teachers Institute, to be sup-\\nported in each Senatorial District, presided over and instructed by\\nlearned Professors solely, to include doubtless the D. D s. and Pro-\\nifessors of the Colleges, with power to grant certificates to such only\\nas shall attend on their instruction, and get of course their sectarian\\ncue. Think, a non-acceptance of that cue would not lose the appli-\\ncant his certificate, however well otherwise qualified A close cor-\\nporation indeed and suggestive of another Credit Mobilier, which,\\nin league with the Colleges, their D. D s. and Professors, are to rival", "height": "4160", "width": "2572", "jp2-path": "formationofstate00park_0_0489.jp2"}, "490": {"fulltext": "476\\nand swallow up what unless it be our secular and utiseetarian Free-\\nSchool System, including the Normal Schools They would neces\\nsarily be rivals and antagonistic to our Normal Schools for they as-\\npire to occupy the same ground, to duplicate so far as they go and\\nwhile the spirit of religious sectarianism would animate the one, the\\nyearnings of our people for intellectual enlightenment and freedom\\nwould, or should, animate the other.\\nNearly all the school learning I ever got, I acquired in a rural Free\\nDistrict School in Massachusetts, where the system was far simpler\\nthan the one indicated, and far less expensive than we may hope ours\\nto be. The master s school in the winter was usually from ten to\\ntwelve weeks -as much time as the boys could be spared from the\\nfarm. Six hours each week day, except Saturday, which was three.,\\nwas the time allowed the rest of the time I had to work chopping\\nwood, attending to stock, c. It was the same with the other boys.\\nOur master was usually one of our farmer s sons who had qualified in\\nthe same school, except a finishing touch received in a quarter s or so,\\nattendance at some Academy. The average wages paid was $14 per\\nmonth and boarded. The balance of the year he labored on a farm.\\nThe woman school was usually for a like period in the summer,\\nThe School Mann, as she was styled, was usually the daughter of\\nsome farmer of the district, and her pay was $1 a week and board.\\nOnly the children that were not large enough to work attended her\\nschool. I mention these facts to show how simple and cheap the\\nFree Schools were in the State that first established them.\\nHaving no party feeling myself, I should be very sorry to see this,\\nmost vital question assume a partisan character.\\nVery Respectfully,\\nG. P.\\nFebruary 6, 1873.\\nP. S. I would further suggest that as the tax-payers furnish the\\nmoney to build the school houses and pay the teachers, it is their\\nright to have a law enforcing indifferent parents and guardians to\\nsend their children or wards if physically able a sufficient time to\\nacquire the art that enables them to educate themselves, and become\\nindustrious, useful citizens, instead of (too often, the ease) subjects to*\\nbe supported as paupers or convicts.", "height": "4160", "width": "2772", "jp2-path": "formationofstate00park_0_0490.jp2"}, "491": {"fulltext": "4 i\\n[No. 2.]\\nPLAN FOR A FREE SCHOOL SYSTEM.\\njftditors Wheeling Intelligencer\\nIt has been pbjected that if the Legislature should fix and levy ail\\nthe school money above that arising from the permanent fund, it\\nwould take from the people the privilege they now enjoy of raising a\\nportion voluntarily through their local school boards, for only in that\\nway are they now allowed to raise.\\nI think such objectors do not understand the present law. The\\nLegislature now levies iq cents on every $iqo valuation, which, with\\nthe poll tax it collects into the State Treasury, and then complacently\\nsays to the local school boards and through them to the people, now\\ngo to work and raise for yourselves sufficient money, when added to\\nyour quota, as shall run your schools four months in a year without\\nexceeding 50 cents on a $ioq valuation if you don t, we will have\\nthe Circuit Court s mandamus after you, and will withhold from you\\nall the moneys we have already levied and collected from you and\\nyour quota arising from the permanent fund also. [See sections 44,\\n45 and 60, chapter 45, Code.] A privilege like that a steamboat\\ncrew gives to horses, cattle, sheep, swine, c, they wish to ship\\naboard. How much more manly and respectful to its constituents it\\nwould be for the Legislature, as the immediate and highest agency of\\nthe people, to fix the amount to be levied, collected, and pay it to the\\nCounty School Treasurer, as needed, together with the quotas arising\\nfrom the permanent fund, over which none but the people themselves\\nhave control.\\nOthers object that it would be shocking after the property owners\\nhave been compelled to furnish the money to build the school houses,\\nhire and pay the teachers\u00e2\u0080\u0094 to oblige indifferent and sordid parents\\nand guardians to give to the future men and women in their charge,\\nthe future sovereigns of the Republic, this inestimable boon the\\nprivilege of acquiring the art to educate themselves, and become in-\\ntelligent, free and useful citizens, instead of future burdens to the\\ntax-payers in the form of public paupers or convicts. The genius of\\nWest Virginia youth, if I understand it, and I think I do, is destined\\nto strike out in some direction and make itself felt, either as a bless-\\ning and honor, or curse, disgrace and burden to the State. The in*", "height": "4160", "width": "2560", "jp2-path": "formationofstate00park_0_0491.jp2"}, "492": {"fulltext": "478\\ndifferent or sordid feeling among parents and guardians in my native\\nState, has induced its Legislature to impose upon all its manufactur-\\ning establishments and individuals a penalty of $500, if they employ\\na minor of the school-going age without a certificate from some com-\\npetent authority that the youth has attended some school the pre-\\nscribed time within the year. I am informed that there are a large\\nnumber of totally illiterate youth in Wellsburg that have never attend-\\ned our large and commodious free school, with its competent and\\nworthy corps of teachers, which our taxpayers money has built and\\nsupports.\\nIs the right of these indifferent or sordid parents so high and sacred\\nthat honest tax-paying citizens must still be compelled to keep on\\npaying, and keep mum, lest they diminish the numbers of such par-\\nents, demagogues political and spiritual, may have to prey upon? I re-\\ngret however we might expect that the objectors should be regu-\\nlar graduates of our colleges.\\nI learn from the Auditor s last report, which a friend loaned me,\\nthat delinquent Sheriffs prior to 1872 still hold on to $77,674.72 of\\nthe school money the children s bread and this is but a small item\\nof the stealings in that direction. In fact, under the present system,\\nthe children in the mountain districts have scarcely got the crumbs\\nof the funds raised for the purpose, that fell from the thieves table.\\nAnd one of the collegiate editors remarks with a true clerical super-\\ncilliousness, G. P. is out again. I answer and intends to stay\\nout until the children get their bread, in spite of thieves or sordid\\nand unnatural parents.\\nVery Respectfully,\\nFebruary 21, 1873. G. P.\\nTHE PLYMOUTH CHURCH SCANDAL\u00e2\u0080\u0094 ITS GREAT\\nPREACHER SPEAKS AT LAST.\\nEditors Wheeling Intelligencer:\\nI read in your paper of the 3d inst, his note to the Brooklyn Ea-\\ngle, also in your preceding number the mutual covenant to remit", "height": "4152", "width": "2776", "jp2-path": "formationofstate00park_0_0492.jp2"}, "493": {"fulltext": "V.dch other s sins and mutually forgive each other, signed by Beecher^\\nBowen and Tilton, dated April 2, 1872, fourteen months ago, and\\nfirst made public on Tuesday last by the custodian to whose honor\\nthe three had entrusted it. This custodian assigns as his reason for\\npublishing it that Bowen had failed to keep the silence he therein\\ncovenanted to keep, but still insisted and declared that the heinous\\nand atrocious crimes that Beecher had been charged with commit-\\nting were true, and for the further reason that the public may under-\\nstand the brave silence* the great preacher has kept, and that the\\ndocument is given to the world to convict the principal offender\\nagainst truth, public decency and reputation,, meaning, I presume,.\\nBowen, one of it s members and main pillars since it^ foundation.\\nThe great preacher, in his note to the Eagle, says he should not\\nspeak now but for the sake of rescuing another from unjust imputa-\\ntion, which means Tilton, of course,, who together with his wife\\nhad been pillars. That the document was published by the custodian\\nwithout the con-sent or authorization of either himself or Tilton t\\nand if the document should lead the public to regard Mr. Tilton as\\nthe author of the calumnies to which it alludes, it will do him great\\ninjustice. I am unwilling, he says, that he (Tilton) should even\\nseem to be responsible for the injurious statements, whose force was\\nderived wholly from another, which must mean Bowen, or the great\\npreacher -his conscience having clothed himself with all the imputed\\nguilt in spite of his exuberant cheek The evidence already be-\\nfore the public, in my opinion, (and I have- carefully read it) applies\\nit to the latter.\\nThe Eagle s prefatory remarks to the great Preacher s note r\\ndictated doubtless by him\u00e2\u0080\u0094 says Mr. Claflin was the inaugurator of\\nthis unique covenant, for the purpose of reconciling the great\\nPreacher and Bowen and that this Claflin became the entrusted\\ncustodian; but that Samuel. Wilkeson, business partner of Beecher\\ndrew it up, kept a copy of it, and that this same Wilkeson, the\\nbusiness partner of Beecher gave it to the press last week without\\nhis, Beecher s, consent or authorization. Rather a treacherous\\npartner we world s people would think. A little too thin, we\\nshould say.\\nI will at this time give but one of Tilton s letters, that to his-\\nPastor, written in the fall of 187 1, shortly after, as is alleged, his\\nwife, having returned fresh from a watering-place sojo:irn, was most", "height": "4160", "width": "2572", "jp2-path": "formationofstate00park_0_0493.jp2"}, "494": {"fulltext": "persistently solicited by the great Preacher* to become (if she did\\nnot) his wife for the time being.\\nThis is the letter, and its genuineness has never been disputed.\\nTilton entrusted Bowen, who appearing similarly aggrieved, to de-\\nliver it and in the act Beecher won him to his side!\\nHenry Ward Beecher Sir. For reasons which you will un-\\nderstand and which I need not therefore recite, I advise and demand\\nthat you quit Plymouth Pulpit forever, and leave Brooklyn as a resi-\\ndence. Theodore Tilton.\\nThe reliable* evidence already made public proves, it seems to me,\\na degree of moral corruption, and disregard of law, in that church,\\nits aiders and abettors, that has no parallel and that the great\\nPreacher himself has been the prime cause, and directing spirit, of\\nthe whole.\\nIt appears that Friday evening, May 30th, after the covenant\\nhad been made publicj the Deacons at the suggestion of the great\\nPreacher resolved to have an investigation What whitewashing\\nmay we not expect\\nBoth Beecher with all his fascinating Aaron Burr magnetic pow-\\ner, and the sticklers for an effete and worn-out theology, who employ\\nhim, should have better appreciated the great truth divinely announc-\\ned near nineteen hundred years ago, than to have attempted to put\\nthe new r wine of to-day into their old bottles It will burst the old\\nbottles, and themselves too, if they continue the attempt to repress it.\\nTis hard to kick against the pricks Truth is mighty, and will\\nprevail, though the whole secular press become subsidized, and op-\\npose.\\nVerv respectfully,\\nG. P.\\nJune 10, 1873-.\\nP. S. I should not have written the foregoing, if it had not been\\nfor the palpable and alarming invasions these confederate actors have\\nmade upon the civil and religious rights of American citizens but\\nhave felt content to let the Church folks right it out in accordance\\nwith their Church rules. But this palpable violation of fundamental\\nrights recently witnessed in New York, should forbid any citizen let-\\nting it pass without notice, and especially, those of the press whom;\\nwe pay and expect to look out for danger, and give the alarm.", "height": "4160", "width": "2728", "jp2-path": "formationofstate00park_0_0494.jp2"}, "495": {"fulltext": "481\\nA correspondent, over the signature of R, a Clergyman, I\\nthink, replied through the same paper, in which he asserted the en-\\ntire innocence and purity of Mr. Beecher, (whom he styled the\\nworld s great preacher, and also his Church and charged me with\\nmaking most uncharitable, if not malicious reflections upon him,\\nand his religion, which he said was the Christian to this I rejoined\\nbut the editors of that paper declined to publish my rejoinder.\\nThe recent uncovering of Plymouth Church, its great Preacher\\nct id genus dmne in the Ttlton and Beecher scandal trial lias now\\nrendered unnecessary further remarks by me, save this: The evi-\\ndence and revealments that have shocked the moral sense, and\\noffended, if not nauseated, the entire aesthetic nature of the civilized\\nworld (or at least the unecclesiastical portion) entitled the Plaintiff,\\nwith all his short comings, in my judgment; to a verdict without the\\njury leaving their seats; and ought to teach the male heads of\\nAmerican families on the sanctity and purity of whose households\\nour Republican Institutions rest\u00e2\u0080\u0094 to remember the allegory of Eve\\nand the snake, and like the Angels; with flaming swords, guard\\nand protect, at all hazards, against all insidious invaders and\\nespecially sucli as claim to be called of tJbdj through whatever\\ninstrumentality; to be spiritual guides; arid Conservators of our\\nown, or fam ilies souls.\\nIs not the only effective cure for the present rank and unblushing\\nconcupiscence in the Churches, this: To let the women, of themselves,\\nrim the present Churches (as something of the kind, it would seem,\\nthey must have) or, if th ey must have those of the other sex to help\\nthem let such first become, of be made, Eunuchs. No one, I think,\\ncan say; such a requirement would not be altogether Christian and\\nPaitlirie, also. Does riot the safety and purity of American house-\\nholds, at the present time, demand such a course Let such male\\nheads of American households, as trunk otherwise, read for them-\\nselves the almost daily revealments of the secular press throughout\\nthe country on the subject and remember what is generally reported\\nto be true, that Plymouth Church, at the present time, consists of\\nfrom twenty-three to twenty-live hundred female members, mostly, it\\nis to be hoped, the wives, daughters, or sisters of honest and indus-\\ntrious male rili/.ens whose duty it is, T submit, to rightly understand,\\nwisely and justly, but imperatively, govern, guard and protect their", "height": "4160", "width": "2572", "jp2-path": "formationofstate00park_0_0495.jp2"}, "496": {"fulltext": "482\\nhiore pregnable, and at the same time, diviner natures, against seem-\\ning. adepts in lechery, both male and female still, all these are under\\nthe (so called) spiritual guidance, domination and control of about rifty-\\nfhree affluent, high-fed, influential males of the character that trial\\nfias disclosed\u00e2\u0080\u0094 at the head of whom stands Beecher And also\\nnote that the entire Clerical fraternity in the United States, Catholics\\nmelutfecl, numbered in f86b, when the war begun, only 37,559, ac-\\nc ofdirYg to th\u00c2\u00a3 U. S Census of that year\u00e2\u0080\u0094 lumbered, the Protestant 1\\nportion alone,- in f 86 y when- an Ecclesiastical ce n su s was taken 62,-\\n239, and our population 34,566,000, an increase of nearly two to one\\nduring the eight years, of ministers, whilst the increase of our entire\\npopulation 1 during the same period, was as orve to ten; serving to\\nshow tha\u00c2\u00a5 different k4nrls v of entozoons multiply during disturbed, or\\ndiseased periods of the political bodyV no less than 5 is CowVtn on in the\\nanimal,- under similar conditions.\\nThe inferences, my fellow-citizens will draw for themselves; yet, I\\nsubmit, as a co-sovereign it is rity right, as well as imperative duty,\\nas it is theirs also,- to take care that the Republic receives no\\ndetriment, from this, otner souiVe^-\\nf S. August 2, i 8f5* The 31st ult.,- a\u00c2\u00a3 i\\\\ A. M., the Honest,-\\nArave and Patriotic Spirit of Andrew JOhnson took its flight to a\\nmore deserving world -with this as its last expressed wish, that his\\nCountry s Flag might wrap his mortal- re riiaiws", "height": "4172", "width": "2764", "jp2-path": "formationofstate00park_0_0496.jp2"}, "497": {"fulltext": "", "height": "4156", "width": "2504", "jp2-path": "formationofstate00park_0_0497.jp2"}, "498": {"fulltext": "", "height": "4148", "width": "2696", "jp2-path": "formationofstate00park_0_0498.jp2"}, "499": {"fulltext": "", "height": "4120", "width": "2560", "jp2-path": "formationofstate00park_0_0499.jp2"}, "500": {"fulltext": "", "height": "4350", "width": "2816", "jp2-path": "formationofstate00park_0_0500.jp2"}}