^SBmBm- pi. A \ f /^UV^ / r'f / I DUKE UNIVERSITY LIBRARY Treasure %oom %^ ^ » I JOURT^^I. OK THE ACTS AND PROCEEDINGS OF A GENERAL CONVENTION OF THE c STATE OF VIRGINIA, ASSEMBLED AT RICHMOND, ON WEDNESDAY, THE THIRTEENTH DAY OF FEBRUARY, EIGHTEEN HUNDRED AND SIXTY-ONE. fit 3^ . RICHMOND: WYATT M. ELLIOTT, PRINTER. 1861. i^' OF THE • GENERAL CONVENTION The titetnbers of the Convention elected in pursuance of an act of the General Assembly, passed January lith, 1861, asson- bled in the Capitol, in the City of Richtnond, at 12 o'clock, M., on Wednesday, the thirteenth day of February, in the year of our Lord eighteen hundred and sixty-one, and in the eighty-fifth year of the Commonwealth. The Convenlion was called to order by Mr. Scott, of Fau- quier, on whose motion, Mr. James H. Cox, of the County of Chesterfield, was unanimously elected temporary President of the Convention. Mr. Cox was conducted to the chair by Mr. Summers and Mr. Patrick, and returned his acknowledgments for the honor conferred upon him. On motion of Mr. Scott, of Fauquier, William F. Gordon, Jr., Clerk of the House of Delegates, was appointed temporary Secretary of the Convention. The roll was then called and the following members answered to their names: Accomac -. William II. B. Ciistis. Albemarle ' i Valentine W Southall, I James P. Holcombe. Alexandria George W. Brent. Alleghany and Bath Thomas Sitlington. Amelia, and Nottoway liCwis E. Harvie. Amherst Samuel M. Garland. Appomattox l^ewis D. Isbell. 'x/a 3 G 4 JOUENAL OF THE COVENTION. TA. H. H. Stuart, Augusta -< John B. Baldwin, (^ George Baylor. Barbour Samuel Woods. Bedford William L. Goggin. Berkeley Allen C. Hammond. Brooke Campbell Tarr. Brunswick James B. Mai lory. Buckingham William W. Forbes. Cabell •. . . William McComas. , „ ("John M. Speed, Campbell | Charles R. Slaughter. Caroline Edmund T. Morris. Charlotte Wood Bouldin. Chesterfield James H. Cox. Clarke Hugh M. Nelson. Culpeper James Barbour. Cumberland and Powhatan William C. Scott. Dinwiddie James Boisseau. Doddridge and Tyler O.J. Stuart. Elizabeth City, Warwick, York «'^f/ 1 Charles K. Mallory. Wilhamsburg 3 ■' Essex and King S^ Queen. Richard H. Cox. Fairfax "William H. Dulany. Fauquier -.^ ?^^^'i.^;,^^^"^ ^ (^John Q,. Marr. Fluvanna James M. Strange. Floyd Harvey Deskins. Frederick ^ ^^^^^'^ ^- ^^^^r^^^^ ^. lames Marshall. Goochland , Walter D. Leake. Crilmer, Wirt atid Calhoun C. B. Conrad. Greerie and Orange Jeremiah Morton. Greenbrier Saimicl Price. Greenesville and Sussex J. R. Chambliss. Hal fax Thomas 8. Flournoy, Hampshire S Edward M. Armstrong, ^ •••'1 David Pugh. Hancock George McO. Porter. Hanover George W. Richardson. Hardy Thomas Maslin. Harrison C John S. Carlile, (^ Benjamin Wilson. Hejirico Williams C. Wickham. He7iry Peyton Gravely. Highland George W. Hull. JOUBNAL OF THE CONVENTION. Isle of Wifrht Robert H. Whitfield. Jackson and Roane Franklin P. Turner. ( Alfred M. Barbour, Jefferson ^ L^g^n Osburn. C George W. Summers, Kanau-ha \Spicer Patrick. Kmg George and Stafford Edward Waller. King William Fendall Gregory, Jr. Lancaster and Northumberland Addison Hall. j^QQ John 1). Sharp. Lee a7id Scott Peter C. Johnston. Lewis Caleb Boggess. C John Janney, Loudoun I John A. Carter. Louisa William M. Ambler. Lunenburg '. .' .'.'.'............ W. J. Neblett. Madison Angus R. Blakey. CAlpheus F. Raymond, Marion | Ephraim B. Hall. JMarshall -T^ai^es Bnrley. Mason James H. Couch. Matthews and Middlesex. .'.'..'...... Robert h. Montague. Mecklenburg Thomas F. Goodo. Mercer Napoleon B. French. ' C Waitman T. Wllley, Monongalia -^Marshall M. Dent. Monroe -> ^>^1''\T-, ^^l^P^^^on, ) John Eciiols. Montgomery Wm. Ballard Preston. Morgan Johnson Orrick. Nanscmond John R. Kilby. Nelson Frederick M. Cabell. AT- r Ti r> *,. S William White, ^''f'^'' Co^.»/y I j^ ^ Holladay. Northampton Miers W. Fisher. f^i ■ CSherrard Clemens, ^'"'' \ Chester D. Hubbard. Page Peter B . Borst, Patrick Samuel G. Staples. Pendleton Henry H. Masters. Pocahontas Paul McNeil. Petei^sburg Thomas Branch. „.„ , . C William T. Sutherlin, Pittsylvania | ^^j^j^^^^ ^^ Tredway. Pleasants and Ritchie Cyrus Hall. „ , C William G. Brown, Preston ^ j^^^^^^^ q McGrew. 6 JOUENAL OF THE CONVENTIOIS'. P7'i7ice Echoard John T. Thornton. Prince William Eppa Hunton. Putnam James W. Hoge. Randolph and Tucker John N. Hughes. Rappahannock Horatio G. Moffet. C Wilham H. Mactarland, Richmond City -^ Marmadnke Johnson, (^ George W. Randolph. Richm,ond County ^* Westmoreland. John Critcher. D /I'-j < Samuel McD. Moore, Kockondge irgiuia has come to the rescue. It is what the whole country expected of iier. Her pride as well as her patriotism— her interest as well as her honor, called upon her with an emphasis which she coiild not disregard, to save the monuments of her own glory Her ho- nored son who sleeps at Mount Vernon, the political Mecca of all future ages, presided over the body whioh framed the Constitu- tion- and another of her honored sons, whose brow was adorned with a civic wreath which will never fade, and who now re- poses in Oranire county, was its principal architc-t^, and one ot its ablest expounders— and, in the administration of the govern- ment, five of her citizens have been elected to the chiel magis- tracy of th« Kcpublic. It cannot be that a government thus founded and administered can fail, without the hazard of bring- ing reproach, either upon the wisdom of our lathers, or upon the intelligence, patriotism and virtue of their descendants. It is not my purpose to indicate the course which this body will probably pursue, or the measures it may be pro]ier to adopt. The opinions ol to-day may all be changed to-morrow. Events arc thronging upon us, and we must deal with them as they present themselves. Gentlemen, there is a flag which for nearly a century has been borne in triumph through the battle and the breeze, and which now floats over this cai)itol, on which there is a star rep- resenting this ancient Commonwealth, and my earnest prayer, in which i know every member of this body will cordially unite, is that it may remain there forever, provided always that its lus- tre is untarnished. We demand for our own citizens perfect equality of rights with those of the empire States of New York, Pennsylvania and Ohio, but we ask for nothing that we will not cheerfully concede to those of Delaware and Rhode Island. The amount of responsibility which rests upon this body can- not be exaggerated. When my constituents asked nie if I would conse'nt to serve them here if elected, I answered in the afliriiifitive, but I did so with fear and trembling. The people of Virginia have, it is true, reserved to themselves, in a certain contingency, the right to review our action, but still the mea- sures which we adopt may be fraught with good or evil to the whole country. 10 JOURNAL OF THE CONVENTION. Is it too much to hope that we, and others who are engaged in the work of peace and concihation, may so solve the problems which now perplex us, as to win back our sisters of the South, who, for what they deem sufficient cause, have wandered from their old orbits? May we not expect that our old sister, Massa- chusetts, will retrace her steps? Will she not follow the noble example of Rhode Island, the little State with a heart large enough for a whole continent? Will she not, when she remem- bers who it was who first drew his sword from the scabbard on her own soil at Cambridge, and never finally returned it, until her liberty and independence were achieved, and whence he came, repeal her obnoxious laws, which many of licr own wisest and best citizens regard as a stain upon iier legis^lative records? Gentlemen, this is no party Convention. It is our duty on an occasion like this to elevate ourselves into an atmosphere, in which party passion and prejudice cannot exist — to conduct all our deliberations with calmness and wisdom, and to maintain, with inflexible firmness, whatever position we may find it ne- cessary to assume. The President announced that the next business in order was the election of a Secretiiry. Mr. Tredway nominated S. D. Whittle, of Richmond City. Mr. Patrick nominated Green Peyton, of the County of Al- bemarle. Mr. Barbour, of Jeflferson, nominated Sani'I T. Walker, of the County of Rockingham. Mr. Barbour, of Culpeper, nominated Zephaniah Turner, of the County of Rappahannock. ' Mr. Moore nominated John L. Eubank, of Richmond City. Mr. Leake nominated S. Bassett French, of the County of Chesterfield. Mr. Montague nominated John Bell Bigger, of Richmond City. Mr. WiCKHAM nominated R. Lindsay Walker, of the County of New Kent. The roll was then called, with the following result : The names of those voting for Mr. Turner are — Messrs. John Janney (Prcs't) Messrs. Eppa Hunton, James Barbour, James Marshall, George W. Brent, John Q. Marr, John S. Carlile, Horatio G. Moffett, .John A. Carter, Hugh M. Nelson, James H. Cox, Robert E. Scott, W. H. B. Custis, Chapman J. Stuart, JOURNAL OF THE CONVENTION. 11 Messrs. William H. Dulanv, Messrs. Robert H. Turner, Cyrus Hall, Franklin P. Turner, Ephraini B. Hall, Edward Waller, L. S. Hall, William White, Allen C. Hammond, Benjamin Wilson, Alpheus F. Haymond, Samuel Woods — 26. The names of those who voted for S. T. Walker are — Messrs. Alfred M. Barbour, Messrs. John N. Hughes, Caleb Boggess, George W. Hull, William G. Brown, John F. Lewis, Sherrard Clemens, ' James C. McGrew, Samuel A. Coffman, Paul McNeil, Raphael M. Conn, Henry H. Masters, C. B. Conrad, Edmund Pendleton, James H. Couch, George McC. Porter, Marshall M. Dent, Campbell Tarr, James B. Dorman, Wait. T. Willey— 21. J. G. Holladay, The names of those who voted for Mr. Eubank are — Messrs. James Burley, Messrs. John J. Jackson, Frederick M. Cabell, Marmaduke Johnson, Allen T. Caperton, William H. Macfarland, John Critcher, Thomas xMaslin, William W. Forbes, Samuel Mel). Moore, Napoleon B. French, Johnson Orrick, Colbert C. Fugate, John D. Sharp, Samuel M. Garland, Burwell Spnrlock, AVilliam It. Goggin, James M. Strange — 19. Addison Hall, The names of those who voted for Mr. Peytox are — Messrs. Thomas Branch, Messrs. William Ballard Preston, Thomas S. Flournoy, Samuel I^rice, Fendall Gregory, Jr. William C. Scott, Peter C. .Tohnston, James W. Sheffey, John L. Marye, Sr. Valentine W. Southall, Jeremiah Morton, Geo. W. Summers— 13. Spicer Patrick, The names of those who voted for Mr. R. L. Walker are- Messrs. John B. Balwin, Messrs. Charles K. Mallory, George Baylor, Thomas Sitlington, .Tau)es C. Bruce, Charles R. Slaughter, Harvey Deskins, Alex. H. H. Stuart, John Echols , Wms . C . Wickham— 1 1 . James P. HolcombCj 12 JOURNAL OF THE CONVENTION. The names of those who voted for Mr. French are — Messrs. Edw'd M James Boisseau, Peter B. Borst, Robert Y. Conrad, Chester D. Hubbard, Armstrong, Messrs. John R. Kilby, Walter D. Leake, David Pugh, Rob. H. Whitfield-^0. The names of those who voted for Mr. Bigger are — Messrs. Richard H. Cox, Miers W. Fisher, Lewis E. Harvie, Lewis D. Isbell, James B. Maliory, Messrs. Robert L. Montague, Edmund T.Morris, George W. Randolph, G. W. Richardson— 9. The names of those Avho voted for Mr. Whittle are — Messrs. Wm. M. Ambler, Wood Bouldin, Thos. F. Goode, John J. Kindred, William J. Neblett, Messrs. .John M. Speed, William T. Sulherlin, .TohuT. Thornton, ' Wm. M. Tredway— 9. No person having received a majority of the votes cast, the name of Mr. Whittle was dropped, and the roll was again called, with the following result The names of those who voted for Mr. Turner are- JVlessrs. John Janney, (PresH) Messrs. James Barbour, Peter B. Borst, George W. Brent, .John S. Burdett, John S. Carlile, John A. Carter, Robert Y. Conrad, James H. Cox, W. H. B. Custis, William H. Dulany, Peyton Gravely, Cyrus Hall, Ephraim B. Hall, L. S. Hall, Allen C. Hammond, Alpheus F. Haymond, Eppa Hunton, William McComas, James Marshall, John Q,. Marr, John L. Marye, Sr. Horatio G. Moffett, Jeremiah Morton, Hugh M. Nelson, Edmund Pendleton, Robert E. t^cott. Chapman J. Stuart, George W. Summers, William M. Tredway, Robert H. Turner, Franklin P. Turner, Edward Waller, William White, Benjamin Wilson, Samuel Woods— 36. } JOURNAL OF THE CONYETn:iOTf. The names of those who voted for Mr. Eubank are- 13 Messrs. George W. Berlin, William W. Boyd, James Burlev, Frederiok M'. Cabell, Allen T. Capertq^, John C rite her, William W. Forbes, Napoleon B. French, Colbert C. Fngate, Samnel M. Garland, William L. Goggin, Ephraim B. Hall, John J. Jackson, Marmadnke Johnson, Messrs. John J. Kindred, Wm. H. Macfarland, Thomas Maslin, Samnel M^D. Moore, Johnson Orrick, David Pngh, George W. Randolph, John I). Sharp, Burwell Spnrlock, Samnel G. Staples, James M. Strange, George P. J'ayloe, John T. Thornton— 27. The names of those who voted for Mr. S. T. Walker are- H Messrs. Alfred M. Barbour, Caleb Boggess, William G. Brown, Sherrard Clemens, Samnel A. Coffinan, Rajihael M. Conn, C. B. Conrad, James H. Condi, Marshall M. Dent, James B. Dorman, James W. Hoge, Messrs. J. G. Holladay, John N. Hnghes, George W. Hull, John F. Lewis, James C. McGrew, Paul McNeil, Henry H. Masters, George McC. Porter, Campbell Tarr, Waitman T. Willey, Sam 'I C. Williams— 22. The names of those who voted for Mr. R. L. Walker are — Messrs. John B. Baldwin, George Baylor, Wood Bonldin, James C. Bruce, John Echols, James P. Holcombe, Charles K. Mallory, Messrs. William C. Scott, . Thomas Sitlington, Charles R. Slaughter^ John M. Speed, Alex. H. H. Stuart, William T. Suthorlin, W. C. Wickham— 14. The names of those who voted for Mr. Peyton are — Messrs. Thomas Branch, Jubal A. Early, Thom<;is S. Flournoy, Fendall Gregory, Jr. Chester D, Hubbard^ Peter C. Johnston, Messrs. Spicer Patrick, Wm. Ballard Preston, Samnel Price, Peter Saunders, Sr. James \V. Sheffev, V. W. Southall— 12. 14 JOURNAL OF THE C(3NVENTI0X. The names of those who voted for Mr. French arc — Messrs. Ed. M. Armstrong, Messrs. Waher D. Leake, Angus R. Hlakcy, James B. Mallory, James Hoisscau, WiHiam J. Neblett, Jdhn R. Chambliss, Logan Osburn, Thomas F. (ioode, R. H. Whitlield— 11. John R. Kilby, ^ The names of those who voted for Mr. Bigger arc — Messrs. WilhaiM INl. Amhlrr, Messrs. Lewis D. Isbell, Richard II. Cnx, Robert L. ^h1ntague, Miers VV. Fisher, Edmund T. Morris — 7. Lewis Fi, Ilarvie, No person having received a majority of the votes cast, the name of Mr. Biirircr was dropped, and the roll was again called, with the following result: The names of those who voted for Mr. Eubank arc — Messi-s. William B. Aston, Messrs. Paul McNeil, James Boissoau, William If. Mncfarlnnd, William \V. Boyd, Thomas Masiiii, Thomas Branch, Samuel Mel). Moore, , James Burley, William J. Neblett, Frederick M.' Cabell, Johnson Orrick, Allen T. Caperton, Samuel Price, John Critcher, David Pugh, Jubal A. Early, George W. Randolph, Thomas S. Flournoy, Peter Saunders, Sr. Willinm W. Forbes, John U. Sharp, Napoleon B. French, James W. Sheftey,- Colbert 0. Fugate, Thomas Sitlington, Sanmel M. Garland, Burwell Spurlock, H. L. Gillespie, ' Samuel G. Staples, William L. Goggin, James M. Strange, Addison Hall, William T. Sutherlin, Lewis 1). Lsbell, George P. Tayloe, John J. Jackson, John T. Thornton— 39. Marmaduke Johnson, The names of those who voted for Mr. Turner are- Messrs. John Janney, (Prest.) Messrs. Eppa Hunton, James Barbour, William McComas, George W. Brent, James B. Mallor\^ John S. Burdett, James Marshall, John S. Carlile, John Q. Marr, JOURNAL OF THE CO?A*E]STIOjS-. 15 Messrs. John A. Carter, Robert Y. Conrad, James H, Couch," James H. Cox, VV. H. B. Custis, William H. Dulany, Peyton Gravely, Cyrus Hall, Ephraim B. Hall, L. S. Hall, Allen C. Hammond, Alpheus F, Haymond, James VV. Hoge, John N. Hughes, Messrs. John L. Marye, Sr. Horatio G. Moffett, Jeremiah Morton, Hugh M. Nelson, Robert E. Scott, Chapman J. Stuart, George VV. Summers, William M. Tredway, Robert H, Turner, Franklin P. Turner, Edward Waller, William White, Benjamin Wilson, Samuel Woods — 38. The names of those who voted for Mr. S. T. Walker are — Messrs. Alfred M. Barbour, George Baylor, Caleb Boggess, Peter B. Borst, William G. Brown, Sherrard Clemens, Samuel A. CofFman, Raphael M.'Conn, C. B. Conrad, Marshall M. Dent, James B. Dorman, Robert E. Grant, Messrs. Algernon S. Gray, J. G. Holladaj'-, Chester I). Hubbard, George \Y. Hull, John F. Lewis, James C. McGrew, Henry H. Masters, George McC. Porter, Campbell Tarr, ^ Waitman T. Willey, Sam'l C.Williams— 23. The names of those who voted for Mr. French are — Messrs. Ed. M. Armstrong, Angus R. Blakey, John R. Chambliss, Miers W. Fisher, John Goode, Jr. Thomas F. Goode, Messrs. John R. Kilby, John J. Kindred, Walter D. Eeake, Robert L. Montague, Logan Osburn, Rob. H. Whitfield— 12. The names of those who voted for Mr. R. L. Walker are- Messrs. Wood Bouldin, James C. Bruce, Richard H. Cox, Harvey Deskins, John Echols, James P. Holcombe, Messrs. Charles K. Mallory, Edmund T. Morris, George W. Richardson, Charles R. Slaughter, John M. Speed, Wms.C.Wickham--12. 16 journaI of the convention. The names of those who voted for Mr. Peyton are— Messrs. John B. Baldwin, • John A. Caniphcll, Fendall Gregory, Jr. Lewis E. Harvie, Peter C. Johnslon, Messrs. Spicer Patrick, VViUiam Ballard Preston, William C. Scott, Valentine W. Sonthall, Alex. H. II. Stuart— 10. No person having received a majority of the votes cast, the name of Mr. Peyton was dropped, and the names of Messrs. French and S. T. Walker were withdrawn, when the roll was again called, with the following result: The names of those who voted for Mr. Eubank, are- Messrs. Ed. M. Armstrong. William B. Aston. Wood Bouldin. William W' . Boyd. Thomas Branch. James Jiurley. Frederick M. Cahcll. Allen T. Capcrton. William P. Cecil. John R. Chambliss. Manilius Chapman. * Sherrard Clemens. Sannicl A. Cotfman, Raphael M. Conn. C. B. Conrad. John Critcher. Jubal A. Early. Thomas S. Flonrnoy, William W. Forbes. Napoleon B. French. Colbert C. Fugate. Samuel M. Garland. H. L. Gillespie. Robert E. Grant William L Addison Hall Lewis E. Harvie. Chester D. Hubbard. George W. Hull. Lewis D. Isbell. John J. Jackson. Marmaduke Johnson. Goggin. Messrs. Peter C. Johnston. John R. Kilby. Walter D. Leake. Jan)es C. McGrcw. }\\u\ McNeil. Wm. H. Macfarland. Thomas Maslin. Henry H. Masters. Sanuiel McD. Moore. William J. Neblett. Johnson Orrick. Lojjan Osburn. William C. Parks. Edmund Pendleton. Wm. Ballard Preston. Sanuiel Price. David Pugh. Geo. W. Randolph. Peter Saunders, Sr. William C. Scott. John D. Sharp. James W. Shetfey. Thomas Sitlington. Burwell Spurlock. Samuel G. Staples. Alex. H. H. Stuart. James M. Strange. William T. Sutherlin. George P. Tayloe. John T. Thornton. Benj.F. Wysor— 63. JOURNAL OF THE CONVENTION. The names of those who voted for Mr. Turner, are— 17 Messrs. John Janney, (Pros Alfred M. Barbour, James Barbour, Angus R. Blakey, Caleb Boggess, George W. Brent, William G. Brown, John S. Burdett, John S.Carlile, John A. Carter, Robert Y. Conrad, James H. Couch, James H. Cox, W. H. B. Custis, Marshall M. ©cut, James B. Dorman, William H. Dulany, Miers W. Fisher, Peyton Gravely, Algernon S. Gray, John Goode, Jr. Thomas F. Goode, Cyrus Hall, Ephraim B. Hall, L. S.Hall, Allen C. Hammond, ^.^•Messrs. Alpheus F. Haymond, James W. Hoge, ^ J. G. HoUaday, John N. Hughes, Eppa Hunton, John J. Kindred, William McComas, John Q. Marr, John L. Marye, Sr. Horatio G. Moffett, Jeremiah Morton, Hugh M. Nelson, George McC. Porter, Robert E. Scott, Chapman J. Stuart, Campbell Tarr, William M. Tredway, Robert H. Turner, Edward Waller, William White, Robert H. Whitfield, Waitman T. Willey, Samuel C. Williams, Benjamin Wilson, Samuel Woods — 51. The names of those who voted for Mr. R. L. Walker, are- Messrs. John B Baldwin, Messrs. John F. Lomhs George Baylor, j,^e.s B. Mallory , Ws Boisseau, Roben L. Mont I^ue, Petei B Borst, Edmund T. MoitIs :Ioh EchoTf'^"^ Charles R. Slaughter: ]^^Og^ry,Jr. ]^Til'^!-''^^ James P. Holcombe, w. C. Wickham-lS. nam'e Tm R "^ Wnn'"^ a m.a,-ority of the votes cast, the ^^^'J^^^^::,^^^^'^-"^^- ^he rollVas The names of those who voted for Mr. Eubvnk are- 3 iohnB.Baldwi,;:' ^ZS^!^;' 18 JOURNAL OF THE CONVEimolT. Messrs. George Baylor, George W. Berlin, James Boisseau, Wood Bouldin, William W. Boyd, Thomas Branch, James Biirley, Frederick M. Cabell, John A. Campbell, Allen T, Caperton, WiUiam P. Cecil, John R. Chambliss, Manillas Chapman, Shcrrard Clemens, Sanmel A. Coffman, Raphael M. Conn, Richard H. Cox, John Critcher, Harvey Deskins, Jubal A. Early, John Echols. Thomas S. Flonrnoy, William W. Forbes, Napoleon B. French, Colbert C. Fugate, Samuel M. Garland, H. L. Gillespie, Robert E. Grant, William L. Goggin, Addison Hall, Lewis E. Harvie, James P. Holcombe, Chester D. Hubbard, George W. Hull, Lewis D. Isbell, John J. Jackson, Messrs. John R. Kilbj'', • Walter D. Leake, John F. Lewis, Paul McNeil , ♦ William H. Macfarland, Charles K. Mallory, James B. Mallory, Thomas Maslin, Henry H. Masters, ►Samuel McD. Moore, Johnson Orrick, Logan Osburn, William C. Parks, Edmund Pendleton, William Ballard Preston, Sj^nniel Price, David Pugh, George W. Randolph, George W. Richardson, Peter Saunders, Sr. William C. Scott, .Tohn D. Sliarp, James W. Sbefley, Thoujas Sitlington, Cbarles R. Slaughter, Valentine W. Southall, John M Speed, Samuel G. Staples, Alex. H. H. Stuart, James M. Strange, William T. Sutherhn, George P. Tayloe, John T. Thornton, Williams C. Wickham, Benj. F. Wysor— T7. The names of those who voted for Mr. Zeph. Turner arc — Messrs. JohnJanuey,(PresU.) Messrs. Alfred M. Barbour, James Barbour, Angus R. Blakcy, Caleb Boggess, Peter B. Borst, George W. Brent, William G. Brown, J. G. Holladay, John N. Hughes, Eppa Hunton, John J. Kindred, William McComas, James C. McGrew, John Q. MaiT, John L. Marye, Sr. JOURNAL OF THE CONVENTION. 19 Messrs. James C. Bruce, John S. Burdett, John S. Carhle, John A. Carter, James H. Couch, James H. Cox, W. H. B. Custis, Marshall M. Dent, James B. Dorman, WilHam H. Dulany, Miers W. Fisher, Peyton Gravely, Algernon S. Gray, Feiidall Gregory, Jr. John (ioode, Jr. Thomas F. Goode, Cyrus Hall, Ephraim B. Hall, L. S. Hall, Allen C. Hammond, Alpheus F. Haymond, James W. Hoge, Messrs. Horatio G. Moflfett, Robert L. Montague, Edmund T. Morris, Jeremiah Morton, Hugh M. Nelson, Spicer Patrick, George McC. Porter, Robert E. Scott, Burwell Spurlock, Chapman J. Stuart, George W. Summers, Campbell Tarr, William IM. Tredway, Robert H. Turner, Franklin P. Turner, Edward Waller, William White, Robert H. Whitfield, Waitman T. Willey, Benjamin Wilson, Samuel Woods — 59. J Mr. Eubank having received a majority of the votes cast, was declared duly elected Secretary of the Convention. On motion of Mr. Scott, of Fauquier, Resolved, That when the Convention adjourns to-day, it adjourn to meet at the Hall of the Mechanics' Institute, to-morrow at 12 o'clock. , On motion of Mr, Morton, Resolved, That the sittings of this Convention be daily opened with prayer, and that the President request the Clergy of the city to officiate. On motion of Mr. Clemens, the rules of the House of Dele- gates were adopted for the government of the Convention until otherwise ordered. Mr. PmcE submitted the folloAving resolution which, on mo- tion of Mr. Montague, was laid upon the table: Resolved, That no member shall be regarded as entitled to any seat which he is not immediately occupj'ing. On motion of Mr. Scott, of Fauquier, the Convention ad- journed until to-morrow at 12 o'clock. 20 JOUENAL OF THE CONVENTION. V Thursday, Feb. 14th, 1861. The Convention met pursuant to adjournment in the Hall of* the Mechanics' Institute, at 12 o'clock, M. Mr. Timothy Hives, a delegate from the Counties of Prince George and Surry, and Mr. George Blow, Jr., a delegate from the City of Norfolk, appeared and took their seats. Prayer by the Rev. Mr. Duncan, of the Methodist Church. The President announced that the first business in order was the election of Sergeant-at-Arms. Mr. Macparland submitted the following resolution: Resolved, That the President of the Convention be antiiorized to appoint all theofliccrs necessary to complete the organization of this body, to consist of a Sergeant-at-Arms, two Door Keepers, and four Pages. Mr. Montague proposed to amend the resolution by referring the appointment of the ofllccrs necessary to comjilete the organ- ization to a Committee of fifteen, to be selected by the President from the difTerent portions of the iStatc." On motion of Mr. Patrick, the resolution and amendment were laid upon the table. The Convention then proceeded to the election of Sergeant- at-Arms. Mr. Neblett nominated Mr. \V. C. Snead of the County of Lunenburg. Mr. .Iounston nominated Mr. C. B. Cosby, of the County of Washington. Mr. VV^iLLEY nominated Mr. J. W. Rives, of the County of Barbour. Mr. C. H. Mallory nominated Mr. R. H. Vauglian, of Eliz- abeth City. Mr. Morris nominated Mr. Atwell, of the County of Car- oline. Mr. DoRMAN nominated Mr. N. A. Thompson, of the County of Hanover. Mr. Macfarland nominated Mr. J. C. Moss, of the City of Richmond. Mr. Hoffman nominated ]Mr. A. J. Parish, of the County of Albemarle. Mr. DuLANY nominated Mr. J. E. Scmggs, of the County of Fauquier. Mr. Garland nominated Mr. John H. Fuqua, of the County of Amherst. Mr. Ro. Y. Conrad nominated Mr. T. B. P. Ingram, of the City of Richmond. Mr. BonsT nominated Mr. C. M. Johnson, of the County of Fauquier. JOUKNAL OF THE COlSrVENTION, 21 Mr. Rives nominated Mr. J. B. Senner,of the City of Frede- ricksburg. Mr. CuAiviBLiss submitted the following resolution, w^ich on motion of Mr. Dormax, was laid upon the table. Resolved, That all the nominations be referred to a committee of five members who shall make the selection from the nominees. The roll was then called, with the following result: The names of those who voted for Mr. Thompson are — Messrs. Edward M. Armstrong, Messrs John B. Baldwin, Alfred M. Barbour, James Barbour, George Baylor, iVilliam W. Boyd, James C. Bruce, Manilius Chapman, Sherrard Clemens, VV. H. B. Custis, Marshall M. Dent, James B. Dorman, John Echols. Thomas S. Flournoy, Napoleon B. French, H. L. Gillespie, Samuel H. Graham, Algernon S. Gray, Allen C. Hammond, , James W. Hoge, George W. Hull, John R. Kilby, Walter D. Leake, John Gl. Marr, Thomas Maslin, Henry H. Masters. Samuel McD. Moore, Spicer Patrick, Samuel Price, George W. Richardson, John T. Seawell, Alex. H. H. Stuart, George P. Tayloe, William White, Robert H. Whitfield, Williams C. Wickham, Benj. F.Wysor— 37. The names of those who voted for Mr. Rives arc — Messrs. George W. Berlin, Caleb Boggess, William G. Brown, John S. Burdett, James Barley, John S. Cariile, C. B. Conrad, James H. Conch, Jubal A. Early, Peyton Gravely, Ephraim B. Hall, Alpheus F. Haymond, Chester D. Hubbard, Messrs. John N. Hughes, John J. Jackson, William McComas, James C. McGrew, Paul McNeil, Johnson Orrick, Peter Saunders, Sr. Burwell Spurlock, Chapman J. Stuart, Franklin P. Turner, Waitman T. Willey, Benjamin Wilson, Samuel Woods — 26. 22 JOURNAL OF THE CONVENTION. The names of those who voted for Mr. Parish are — Messrs. WiUiam M. Ambler, Messrs. L. S. Hall, • Angus R. Blakey, James P. Holcombe, Samuel A. Coffman, Robert C. Kent, Raphael M. Conn, Jeremiah Morton, Harvey Deskins, George W. Randolph, Fendall Gregory, Jr. James M. Strange, Addison Hall, Sam'i C. Williams— 14. The names of those who voted for Mr. Cosby are — Messrs. William B. Aston, Messrs. John D. Sharp, John A. Campbell, James W. Sheffey, Colbert C. Fugate, Charles R. Slaughter, Robert E. Grant, Valentine W. Southall, Peter C. Johnston, John M. Speed, William C. Parks, Campbell Tarr— 13. William Ballard Preston, The names of those who voted for Mr. Ingram are — Messrs. .Tohn Janney, (Prest.) Messrs. Hugh M. Nelson, John A. Carter, Logan Osburn, Robert Y. Conrad, David Pugh, .Tohn F. Lewis, Robert E. Scott, James Marshall, Robert H.Turner — II. Horatio G. Moffett, The names of those who voted for Mr. Snead are — Messrs. James Boisseau, Messrs. Lewis D. Isbell, Wood Bouldin, James B. IMallory, John R. Chambliss, William J. Neblett, Thomas F. Goode, John T. Thornton— 9. Lewis E. Harvie, The names of those who voted for Mr Senner are Messrs. Thomas Branch, Messrs. John L. Marye, Sr. George W. Brent, Timothy Rives, J. G. Holladay, Edward Waller— 7. John R. Kilby, The names of those who voted for Mr. Scruggs are — Messrs. William H. Dulany, Messrs. Samuel G. Staples, William W. Forbes, William T. Sutherlin, William C. Scott, Wm. M. Tredway— 6. JOURNAL OF THE CONVENTION. 23 The names of those who voted for Mr. Vaughan are — Messrs. Richard H. Cox, Messrs. Robert L. Montague, Miers W. Fisher, John T. Seawell— 5. James B. Mallory, The names of those wlio voted for Mr. Fuqua are — Messrs. WilHam P. Cecil, Messrs. William L. Goggin, Samuel M. Garland, John Goode, Jr. — 4. The names of those who voted for jNIr. Atwell are — Messrs. John Critcher, Edmund T. Morris. — 2. The names of those who voted for Mr. Johnsox are — Messrs. Peter B. Borst, Eppa Ilunton. — 2. No person having received a majority of the votes cast, Mr. Mark moved that the rules be suspended to enable him to offer the following resolution: Reaolved, That all the candidates for the office of Sergeant-at-Arms, except the three who received the largest vote be dropped. The motion to suspend the rules was agreed to, and the reso- lution adopted. The roll was then called with the following result: The names of those who voted for Mr. Thompson arc — Messrs. John Janney, (Prest.) Messrs. John J. Jackson, Edward M. Armstrong, Marmaduke Johnson, William B. Aston, Peter C. Johnston, John B. Baldwin, John R. Kilby, Alfred M. Barbour, John J. Kindred, James Barbour, John F. Lewis, George Baylor, Wm. H. Macfarland, George Blow, Jr. Charles K. Malloiy. • Wood Bouldin, James B. Mallory. William W. Boyd, James Marshall, Thomas Branch, John Q.. Marr, George W. Brent, John L. Marye, Sr. James C. Bruce, Thomas Maslin, John A. Campbell, Heniy H. Masters, Allen T. Caperton, Samuel McD. Moore, John A. Carter, Hugh M. Nelson, John R. Chambliss, Logan Osburn^ 24 JOUENAL OF THE CONVENTIOl?'* Messrs. Manilius Chapman, Sherrard Clemens, Robert Y. Conrad, James H. Cox, John Critclier, W. II. B. Custis, Marshall M. Dent, James B. Dorman, William 11. Dulany, Jubal A. Early, John Echols, Thomas S. Floiirnoy, William W. Forbes, Napoleon B. French, Colbert C. Fugate, H. L. Gillespie, Samuel L. Graliam, Robert E. Grant, Algernon S. Gray, William L. Goggin, Cyrus Hall, Allen C. Hammond, James W. Hoge, J. G. Holladay, George W. Hull,' Messrs. Spicer Patrick, George McC. Porter, Wm. Ballard Preston, Samuel Price, David Pugh, George W. Richardson Timothy Rives, Peter Saunders, Sr. Robert E. Scott, William C. Scott, .lohn D. Sharp, V. W. Southall, Samuel G. Stai)les, Alex. H. H. Stuart, Chapman J. Stuart, Wm. T. Sutherlin, Campbell Tarr, George P. Tayloe, John T. Thornton, AVilliam M. Tredway, Ildward Waller, William White, Robert H. Whitfield, Williams C. Wickham. Benj. F. VVysor— 84. The names of those who voted for Mr. Farish are — Messrs. Wm. M. Ambler, Angus R. Blakey, James Boisseau, Peter B. Borst, Frederick INI. Cabell, William P. Cecil, Samuel A. Coflman, Raphael M. Conn, Richard H. Cox, Harvev Desk ins, Miers'W. Fisher, Samuel 31. Garland, Fendall Gregor}', Jr. JohnGoode, Jr. Tliomas F. Goode, Addison Hall, L. S. Hall, James P. HolcombCj Messrs. Eppa Hunton, Lewis D. Isbell, Robert C. Kent, Walter D. Leake, Horatio G. Motfett, Robert L. Montague, Edmund T. iMorris, Jeremiah Mortwis, William Mc Comas, Paul McXeil, Thomas Maslin, HiMiry H. Masters, Horatio G. Moffett, Samuel McD. Moore, William C. Parks, Spicer Patrick? Wm. Ballard Preston, Samuel Price, David Pngh, Peter Saunders, Sr. John D. Sharp, James W. Sheffey, Burwell Spurlock, Samuel G. Staples, Alex. H. H. Stuart, Chapman J. Stuart, William T. Sutherlin, George P. Tayloe, Edward Waller, JOURl^AL OF TIIE COIT^'ENTION. 29 Messrs. Peyton Gravely, Algernon S. Gray, William L. Goggin F. L. Hale, Messrs. William WHiite, Williams C. Wickham. Samuel Woods, Bcnj. F. W^ysor— 70. The names of those who voted for Mr. Jeter are — Messrs. John Janncy {PresH) Messrs. Wm. M. Ambler, James Boisseaii, Wood Bonldin, Thomas Braiich, Frederick M. Cabell, John R. Chambliss, Manilius Chapman, Raphael M. Conn, .lames H. Cox, Richard H. Cox, John Critcher, William H. Dulany, William W. Forbes, John Goode, Jr. Thomas F. Goode, Fendall Gregory, Jr. Addison Hall, L. S.Hall, Lewis E. Harvie, J. G. Holladay, Marmaduke Johnson, John R. Kilby, John J. Kindred, William H. Macfarland, Charles K. Mallory, James B. Mallory, .John Q. xMarr, John L. JMary^e, Sr. Robert L. Montague, Edmund T. Morris, Jeremiah Morton, William J. Neblett, Hugh M. Nelson, Edmund Pendleton, Geo. W. Randolph, George W. Richardson, Timothy Rives, Robert E. Scott, William C. Scott. Charles R. Slaughter, A'alentine W. Southall, John M. Speed, James M. Strange, John T. Thornton. William M. Tredway, Robert H. Turner, Franklin P. Turner, Robert H. Wliitfield, Sam'lC. Williams— 50. The names of those who voted for Mr. Lewis are — Messrs. George W. Berlin, William G. Brown, James Burlcy. John S. Carlile, Sherrard Clemens, C. B. Conrad, Robert Y. Conrad, James H. Couch, Ephraim B. Hall, Chester D. Hubbard, Mr. LiiXKous having received a majority of the votes cast, was declared duly elected First Door Keeper. The President presented a communication from the Governor Messrs. .lohn N. Hughes, George \Y. Hull, James C. McGrcw, Johnson Orrick, Logan Osburn, George McC. Porter, Campbell Tarr, Waitman T. Willey, Benjamin WilsSn — 19. 30 JOURNAL OF THE CONVENTION. of the Commonwealth, enclosing a letter from the Hon. John S. Preston, of South Carcjhia, presenting his credentials as Special Commissioner from the Government of South Carolina, and en- closing also the credentials of the Hon. Fulton Anderson as Special Commissioner from the State of Mississippi, which were read, and, on motion of Mr. Montague, were laid upon the table and ordered to be printed. [Doc. No, I.] The President presented a letter from the Hon. John L. Ben- ning, presenting his credentials as Special Commissioner from the State of Georgia, whicli was read, and on motion of Mr. Montague, laid upon the table and ordered to be printed. [Doc. No. H.] Mr. Preston submitted the following resolution, which was adopted : Resnhcd, Tliat a committee of five he appointed l)y the President to wait upon Hon. John S. Preston, Commissioner from the State of South Carolina; Hon. Henry L. Bcnninii, Commissioner from tlie State of Georjiia, and Hon. Fulton Anderson, Commissioner from tlic State of Mississippi, and infurm them tJiat tliis Convention of the people of Virginia respectfully invites them to seats in this Hall, and will receive at such time, and in such mode as they may severally prefer, any messages they may have to deliver. The President announced the following committee in accor- dance with the foregoing resolution: William Ballard Preston, Lewis E. Harvie, William H. .Alacfarland, Robert Y. Conrad, and Robert L. Montague. Mr. Havmond submitted the following resolution, which was adopted: Resolved, That the President of the Convention be authorized to employ four pages, whose services are to be for the use of the members of this Convention. Mr. Caperton submitted the following resolution, which, on motion of Mr. Staples, was laid upon the table. Resolved, That the seats for Delegates in this Hall sliall be regarded as free among the members of the Convention, and not" specially appropriated, except whilst occupied. The President announced that the next business in order was the election of Second Doorkeeper. On motion of Mr. Morris, the Convention adjourned. JOURNAL OF THE CONVEKTION. 31 Friday, Feb. 15th, 1861. The Convention met at 12 o'clock, M. Prayer by the Rev. Mr. Duncan, of the Methodist Church. Mr. Henry A. Wise, the delegate from the County of Prin- cess Anne, appeared and took his seat. The President announced that the first business in order was the election of Second Door Keeper. Mr. Forbes nominated Mr. John J. Winn, of the County of Albemarle. Mr. McCoMAS nominated Mr. H. S. Coleman, of the County of Stafford. Mr. Gregory nominated Mr. Roscoc Burke, of the County of King William. Mr. Tredway nominated Mr. S. H. Jeter, of the City of Richmond. Mr. Si'eed nominated Mr. W. Josiah Leake, of the County of Goochland. Mr. Cox, of Chesterfield, nominated Mr. Welch, of the County of Chesterfield. Mr. Montague nominated Mr. Joseph Tompkins, of the County of Chesterfield. The roll was then called, with the following result : The names of those who voted for Mr. Jeter are — Messrs. John Janney, (Prest.) Messrs, James Boisseau, James C. Bruce, Frederick M. Cabell, John S. Carlile, John A. Carter, John R. Chambliss, Richard H. Cox, Thomas S. Flournoy, Peyton Gravely, Addison Hall, Cyrus Hall, L. S. Hall, Lewis E. Harvie, Alpheus F. Haymond, J. G. Holladay, Marmaduke Johnson, John R. Kilby, William H. Macfarland, Charles K. Mallory, James B . Mallory, James Marshall, William J. Neblett, Hugh M. Nelson, William C. Parks, George W. Randolph, Timotliy Rives, John T. Seawell, - Chapman J. Stuart, William T. Sutherlin, John T. Thornton, William M. Treadway, Franklin P. Turner, Robert H. Whitfield, Benj. F. Wysor— 35. 82 JOURNAL OF Tllfi CONVEitTiOlt. The names of those who voted for Mr. Lrake are— ^ Messrs. WilHam M. Ambler, William B. Aston, Angus R. Blakey, Peter B. Borst, Wood Bouldin, William W. iJoyd, John A. Campbellj William P. Cecil, Manilius Chapman, Sherrard Clemens, James H. Conch, William H. Dulany, John Echols, Miers W. Fisher, Colbert C. Fugate, H. L. Gillespie, Samuel L. Graham, Messrs. Robert E. Grant, John Goode, Jr. F. L. Hale, John J. Jackson, Peter C. Johnston, Robert C. Kent, John J, Kindred, Waiter 1). Leake, J'Mnuind T. Morris, Jeremiah Morton, Samuel Price, Cicorgc W. Richardson J James W. Shelfey, 'I'bomas Sitlini^ton, John M. Speed, Williams C. Wickham^ Henry A. Wise — 34. The names of those who voted for Mr. Welch arc — Messrs. Alfred M. Barbour, George Blow, Jr. Thomas Branch, William G. Brown, .lames Burley, Sanniel A. Colfman, Raphael M. Conn, James II. Cox, . W. H.B. Cnstis, Marshall M. Dent, James B. Dorman, Jubal A, Early, Allen C. Hammond, Messrs. Chester 1). Hul)l)ard, Sannicl Mci). Moore, Edmund Pendleton, (ieorge McC Porter, William Ballard Preston^ David Pugh, I'eter Saunders, Sr. Jtobert E. Scott, Saimiel G. Staples, Campbell Tarr, William White, Waitman T. Willey, Sam'l C. Williams— 26. The names of those M'ho voted for Mr. Coleman are — Messrs. Ed. M. Armstrong, James Barbour, George W. Berlin, Caleb Boggess, John S. Burdetl, C. B. Conrad, Napoleon B. French, Algernon S. Gray, James W. Hoge, Messrs. William McComas, Paul McNeil, John (i. Marr, Jolin L. Marye, Sr. Thomas Maslin, Henrv H. Masters, Horatio G. Moffett, Johnson Orrick, John D. Sharp, .TOUR?fAL OF THE COTTTENTIOX. 83 Messrs. John N. Hughes, George VV. Hull, Eppa Hunton, James Lawsoii, Messrs, Burwcll Spurlock, Edward Waller, Benjamin Wilson, Samuel Woods — 26. The names of those who voted for Mr. Winn are- Messrs. John B. Baldwin, George Baylor, George W'. Brent, Robert Y. Conrad, William W. Forbes, Samuel M. Garland, William L. Goggin, Thomas F. Goode, Messrs. James P. HolcombCj John F. Lewis, Charles R. Slaughter, Valentine W. Southall, Alex. H. H. Stuart, James M. Strange, George P. Tayloc — 15. Mr. Fendall Gregory, Jr., voted for Mr. Burke. Mr. Robert L. Montague voted for Mr. Tompkins. No person having received a majority, Mr. jNIouton moved, that the rules be suspended to enable him to offer the following resolution: Resolved, Tliat the selection of Second Door Keeper be made from the four candidates who have received the largest vote cast. The motion was agreed to, and the resolution adopted. The roll was then called with the following result: The names of those who voted for Mr. Leake are — Messrs. Wm. M. Ambler, William B. Aston, .Tohn B. Baldwin, Angus R. Blakey, Peter B. Borst, W'ood Bouldin, William W. Bovd, W^illiam P. Cecil, Manilius Chapman, Sherrard Clemens, James H. Couch, William H. Dulany, John Echols, Miers W. Fisher, Samuel M. Garland, H. L. Gillespie, Samuel L. Graham, Messrs. John J. Jackson, Peter C. Johnston, Robert C. Kent, J. J. Kindred, Walter D. licake, James C. McGrew, Robert L. Montague, Edmund T. Morris, Jeremiah Morton, William C. Parks, Spicer Patrick, Samuel Price, George W. Richardson, James W. Sheffey, Thomas Sitlington, Charles R. Slaughter, Valentine VV. Southall, 34 JOURNAL OF THE COXVENTIOX. Robert E. Grant, William L. Goggin, John Goode, Jr. Thomas F. Goode, F. L. Hale, Lewis D. Isbell, John M. Speed, James M. Strange, Robert H Wms. C. Henry A, Turner, VVickham. Wise— 46. The names of those who voted for Mr. Jeteu are — Messrs. John Janncy, (Prcs't) Messrs. James Boisseaii, James C. Bruce, John S. Bnrdett, Frederick M. Cabell, John S. Carlilo, John A. Campbell, John A. Carter, John R. Chambliss, Raphael M. Conn, Robert Y. Com-ad, Richard H. Cox, Thomas S. Flonrnoy, Peyton Gravely, Fendall Gregory, Jr. Addison Hall, Cyrns Hall, L. S. Hall, Lewis E. Harvic, Alpheus F. Haymond, James P. Holcombe, jNLirmatlukc Johnson, John R. Kilby, Wni. H. Macfarland, Charles K. Mallory, James B. Mallory, James Marshall, Wm. J. Neblett, Hugh M. Nelson, Logan Osburn, George W. Randolph, Timothy Rives, John T. Scawell, Chapman .1. Stuart, William T. Suthcrlin, George P. Tayloe, John T. Thornton, William :\L T^edway, Franklin P. Turner, Sanuiel C. Williams, Benj. F. Wysor— 40. The names of those who voted for Mr. Welch arc — Messrs. Alfred M. Barbour, George Baylor, George Blow, Jr. Thomas Branch, George W. Brent, William G. Brown, James Burley, Allen T. Caperton, Samuel A. CofTman, James H. Cox, W. H. B. Custis, Marshall M. Dent, James B. Dorman, Jubal A. Earlv, William W. Forbes, Ephraim B. Hall^ Messrs. Allen C. Hanmiond, Chester D. Hubbard, John F. Lewis, Sanmel McD. Moore, Edmund Pendleton, George McC. Porter, William Ballard Preston, David Pugh, Peter Saunders, Sr. Robert E. Scott, Samuel G. Staples, Alex.H. H. Stuart, Campbell Tarr, William White, Waitman T. Willey— 31 JOURNAL OF THE COXYEN'TIOX. 35 The names of thosd who voted for Mr. Coleman are — Messrs. Ed. M, Armstrong, James Barbour, George W. BerUn, Caleb Boggess, C. B. Conrad, John Critcher, Napoleon B. French, Colbert C. Fugate, Algernon S. Gray, James W. Hoge, John N. Hughes, George W. Hull, Eppa Hunton, James Lawson, No person liaving received a majority, Mr. Wise mo\'ed that the rules be suspended to enable him to submit a motion declar- ing the candidate who had received the highest vote the Second Door Keeper, and the question being put was decided in the negative. The name of Mr. Coleman was dropped under the rules, and the roll was again called with the following result: The names of those who voted for Mr. Leake are — Messrs. William McComas, Paul McNeil, John Q.. Marr, John L. Marye, Sr. Thomas Maslin, Henry H. ^Masters, Horatio G. Moffett, Johnson Orrick, John D. Sharp, Burwell Spurlock, Edward Waller, Benjamin AVilson, Samuel Woods — 27. Messrs. William M. Ambler, Messrs Edward M. Armstrong, William B. Aston, John B. Baldwin, Alfred M. Barbour, James Barbour, Angus 11. Blakey, Peter B. Bnrst, Wood Bouldin, William W. Boyd, Thomas Branch, George W. Brent, William G. Brown, John A. Campbell, Allen T. Capcrton, William P. Cecil, Manilius Chapman, Sherrard Clemens, Robert Y. Conrad, James H. Couch, John Critcher, Alpheus F. Haymond, James W. Hoge, John N. Hughes, George W. Hull, Eppa Hunton, Lewis D. Isbell, Peter C. Johnston, Robert C. Kent, John J. Kindred, James Lawson, ^^^alter D. Leake, James C. McGrew, Paul McNeil, John L. Marye, Sr. Henry H. Masters, Horatio G. Moifett, Robert L. Montague, Edmund T. Morris, Jeremiah Morton, Johnson Orrick, William C. Parks, 36 JOURNAL OF THE CONVENTIOiV- Messrs. Marshall M. Dent, Harvey Deskins, James B. Dorman, William H. Uulaiiy, John Echols, Miers W, Fisher, Thomas S. Flournoy, William W. Forbes, Napoleon B. French, Colbert C. Fugate, Samuel M. Garland, H. L. Gillespie, Samuel L. Graham, Robert E. Grant, Algernon S. Gray, William L. Goggin, John (ioode, Jr. Thomas F. Goode, F. L. Hale, Messrs. Spicer Patrick, Wm. Ballard Preston, Samuel Price, David Pugh, George W. Richardson, Robert E. Scott, John D. Sharp, James W. Shelley, Thomas Sithiigton, Charles R. Slaughter, Valentine W. Southall, Jojm M. Speed, Sanuicl G. Staples, James M. Strange, John T. Thornton, Robr-rt II. Turner, Williams C. Wickham, Henry A. Wise — 79. The names of those who voted for Mr. Jkter are — Messrs. John Janney, (PresH) Messrs. George W. Berlin, James Boisseau, John S. Burdett, Frederick M. Cabell, John S. Carlile, John A. Carter, John R. Chambliss, Raphael M. Conn, C. B. Conrad, Richard H. Cox, Peyton Gravely, Fendall Gregory, Jr. Addison Hall, L. S. Hall, Lewis E. Harvie, James P. Holcombe, J. G. Holladay, Marmaduke Johnson, John R. Kilby, William Mc Comas, William H. Macfarland, Charles K. ^Mallory, James B. Mai lory, James Marshall, John Q,. Marr, Hugh M. Nelson, Logan Osburn, Geoige \V. Randolph, Timothy Rives, John T. Seawell, Burwell Spurlock, Chapman J. Stuart, William T. Sutherlin, George P. Tayloe, William M. Tredway, Franklin P. Turner, Edward Waller, Samuel C. Williams, Benjamin Wilson, Samuel Woods, Benj. F. Wysor— 42. JOURNAL OF THE COXVEXTIOX- 37 The names of those who voted for Mr. Welch are — Messrs. George Baylor, Messrs. John J. Jackson, George lilow, Jr. John F. Lewis, Caleb Boggess, Thomas Mashn, William G. Brown, Samuel McD. x\Ioore, James Burley, Edmund Pendleton, Samuel A. Coffman, George McC. Porter, James H. Cox, Peter Saunders, Sr. W. H. B. Custis, Alex. H. H. Stuart, Jiibal A. Early, Campbell Tarr, Ephraim B. Hall, William White, Allen C. Hammond, Robert H. Whitfield, Chester D. Hubbard, Wait. T. Willey— 24. Mr. Leak^ having received a majority, was declared duly elected Second Doorkeeper. Mr. Pheston from the committee appointed to wait upon the Commissioners from the States of South Carolina, Georgia and Mississippi, presented the following report, which was unani- mously adopted: The committee appointed by the Convention to wait upon Ihe Commissioners from the Slates of South Carolina, Georgia and Mississippi, to invite them to accept seats on the floor of this Convention, and inform them that the Conven- tion would receive any messages from them, respectively, at such time and in such form as they might choose, respectfully report: That the committee waited upon the gentlemen named in the resolution, yes- terday evening, and stated to them, as directed, the purport of the visit. The Commissioners expressed their grateful sense of the courtesy shown to them per- sonally, and the honorable consideration of their mission, and accepted the ten- der of seats upon this floor (which they now occupy), and said Ihat if it should suit the convenience of the Convention, they desired to address it orally on Mon- day next. All which they requested the committee to communicate to the Con- vention. On motion of Mr. Preston, the following resolution was adopted: Resolved, That the Convention will, on Monday next at 12 o'clock, receive the Commissioners from the States of South Carolina, Georgia, and Mississippi, ac- cording to the report of the committee. On motion of Mr. Tredway, the following resolution was adopted : Resolved, That editors of newspapers published in the city of Richmond, and reportei's for such papers, be admitted to scats in the Convention, under the di- rection of tlie President. On motion of Mr. Haymond, the following resolution was adopted: Resolved, That the President of the Convention appoint a Committee of Elec- tions, consisting of thirteen members, to whom shall be referred the returns of delegates, and all matters relating to contests for seats in the Convention. 38 JOURNAL OF THE CONVENTION". Mr. Nelson moved that the resolution submitted by him yes- terday, be taken up for consideration^ and the question being put, was decided in the negative. Mr. DoRMAN moved to suspend Uie rules with the view of submitting the following resolution, which was agreed to, and the resolution adopted. Reaolved, That the rules of the Virginia Convention of 1850, so far as applica- ble, be adopted for the government of the Convention, and that 200 copies of the same be printed for the use of this body. The said rules are as follows: RULES AND REGULATIONS. 1. The President of the Convention shall take thft Chair every day precisely at the hour to which the Convention shall have ad- journed the day preceding; shall immediately call the members to order, and on the appearance of a quorum, shall cause the Journal of the preceding day to be read for correction. He shall preserve order and decorum; may speak to points of order in pre- ference to other members; rising from his seat for that purpose; shall decide questions of order, subject to an appeal to the Con- vention ; shall daily examine and correct the Journal before it is read; shall have a general direction of the hall; may call any member to the Chair to perform its functions not exceeding one day; shall set apart seats in the hall for the members of the Gen- eral Assembly, and of the Executive of this State, for the Judges of this State, and of the United States; and for such other per- sons as he may think proper to invite Avithin the hall; for any disturbance or disorder among spectators in the hall or gallery, he or the chairman of the committee of the whole, (as the case may be) shall have power to order the same to be cleared; he shall appoint all committees not otherwise ordered; shall promptly call members to order for transgressing the rules; and when two members rise at tlie same time to address the Chair, shall name the one who is to speak, taking care however always to allow a member who rises and addresses the Chair first, to speak first. 2. No member shall absent himself from the service of the Convention, unless he be sick and unable to attend. 3. A member about to speak or deliver any matter to the Con- vention, shall rise from his seat, and without advancing, shall, with due respect address, " Mr. President,''^ confining himself strictly to the point in debate, avoiding all personality, and inde- cent and disrespectful Ir.nguage. 4. No member while addressing the Convention, shall call an- other member by name. JOURNAL OF THE CO.NTEXTIOX 39 de ay. He shal not snf?o """^ ''V^ '" '^'^''^ "^^"^^^^ without necessaVlo-'S-.ct bti,'"""''''', °^ ""^ Convention .hall be tenninXcco^S f to ,Tvm: nfV™'y-^™''T ^'"'" ^' d''" act bulesr'"'' "'' ""'' ™'""'"^« ^'■'"" 1^= '>«««ary to trans- .0 Ws e1ai;:e^5:'b:';:i;^;r"i„nZ^";;'" -y -""-Vn respec its comraiftees, or wlmsl il di p.,i?„ h'""','''' ''"'^'^ ""y "^ ter, or hinder anvnir J f ^ ' "'directly attempt to de- shil be deemed to 'f;" ""'". WE^anng, or giving evidence, punishedtcordiif. ™ '°""""''' '^ '"'s'' »"'"«' ^''d ^hall bo of snch CO mjlSri h. ''"'"'='>,«>/ Pnvdego, until the matter to the l,ot°sc! «-^^a'".iied by a committee and reported into'^Jtodyirri'it^ t" vtrdf 7r- "", ^'""^ ^ p^^^™ dolhiN- fi.v .0,. 1- ^''^^^' ^o"^ eveiy day detained 111 custody two brSran f,om^eI>rrr^','' '*" ""^ P""--" "' "'^'"dy the smnc t remrnnJg '"'' "="'"''""^ P^-^ '"""^ ^"^ Soing anS 40 JOURNAL OK THE CONVEXTIOX. 16. On a call of the house, the doors shall not be shut against any member until his name is once called and noted as an ab- sentee. 17. When any member shall remain in his seat two days after leave of absence, such leave shall be void. 18. No business shall be introduced, taken up, or considered, after 12 o'clock, until the orders of the day shall be disposed of, except that an order of the day commenced may continue from day to day until finished, to the exclusion of other orders. 19. Any member (seven others concurring) shall have a riglit to demand the ayes and noes upon any question, at any time be- fore it be put, and in such case, the names of the inombcrs shall be called by the Secretary in alphabetical order, and the ayes and noes entered respectively on the .loiinial; and the quostion decid- ed as a majority of votes shall theroujinn appear. Hut after the ayes and noes are separately taken, and before they are counted and entered on the .lournal, the Secretary shall read over the names of those who voted in tlie affirmative, and of those who voted in the negative, in order that any mistake in the listing of names and votes may be corrected. 20. The petitioner avIio contests the election of a member re- turned to serve in this Convention, shall receive his wages only from the day on which he is declared duly elected. 21. Select committees shall be composed of not less than five nor more than thirteen. 22. In elections, but one vacancy shall be filled at a time, and if, in any election, no person receive a majority of the whole vote upon the first ballot, the person having the smallest number of votes shall not be voted for upon the next ballot, and so on each succeeding ballot, until some person shall have a majority of the whole. 23. In all votes of the house, except by ayes and noes, the President may, and at the instajice of any member, shall, cause the house to be divided ; and if upon the rising of the members in the allirmative, a doubt still exists with thePresident or any member, on which side the majority is, the members in the af- firmative shall first be counted, and then those in the negative, either by the President or at his request, by two members of op- posite opinions upon the question. 24. The documents ordered to be printed by the Convention shall be printed on paper of the same size of the Journals of the Convention, and a copy shall be bound with each Journal, to be furnished to the members at the end of the session; and it shall be the duty of the printer of the house to print one hundred addi- tional copies of each document for the use of the Commonwealth. 25. No committee shall sit during the sessions of the Conven- tion without special leave. JOURNAL OF THE CONVENTION. 41 26. If any member, while speaking, transgress the rules of the Convention, the President shall, or any member may, call to order; and the member so called to order shall immediately sit down, unless permitted to explain, and the Convention shall, if appealed to, decide on the case, but without debate. If there be no appeal, the decision of the Chair shall be submitted to; if the decision be in favor of the member, he shall proceed — if against him, he shall not proceed; if any other member object, without leave of the Convention; and if the case require it, he shall be liable to the censure of the Convention. 27. If a member be called to order for words spoken in de- bate, the member calling him to order, shall repeat the words excepted to, and they shall be taken down in writing by the secretary; and no member shall be held to answer, or be subject to the censure of the Convention for words spoken in debate, if any other member has spoken, or other business has intervened, before exception to them shall have been taken 28. While a member is speaking, none shall entertain private discourse, or shall otherwise disturb him, or pass between him and the Chair. 29. Every member shall remain uncovered during the ses- sions of the Convention; and no member shall remain by the secretaiy's table while the ayes and noes are calling, or while the Convention is voting, or the secretary calling or counting the votes, in any election. 30. Every member who shall be in the house when a ques- tion is put shall vote, unless excused; and all motions to ex- cuse, in such cases, shall be made before the house divides, or before the call of the ayes and noes is commenced ; and any member requesting to be excused from voting, may make a brief verbal statement of his reasons, and the question shall then be taken without further debate. 31. Every motion shall be reduced to writing, if the Presi- dent or any member desire it. 32. When a question is under debate, no motion shall be re- ceived but to adjourn, for the previous question, to lie on the table, to postpone indefinitely, to adjourn the question to a dif- ferent day, to commit, or amend; which several motions shall have precedence in the order in which they are arranged. 33. Upon a call for the previous question, no member shall speak more than teii minutes. Unless such call be seconded by twenty members, indicated by rising, the President shall put no question; but if so sustained, a question shall be immediately put by the Chair to this effect, '' shall the main question be now put?" If on this question a majority of the House vote in the affirmative, the Chair shall thereupon put the pending question, and all incidental questions of order arising after a motion is 6 42 JOURKAL OF THE COITV^ENIION. made for the previous question, and pending the motion, shall be decided, whether on appeal or otherwise, witliout debate. 34. Any member may call for the division of a question, and it shall he, thereupon, divided, if it comprehend propositions in substance so distinct that one being taken away, a substantive proposition shall remain for the decision of the house — but a motion to strike ont being lost, shall not preclude a motion to strike out and insert. 35. When the Convention is abont to rise, every member shall keep his seat until the President shall have announced the adjournment. Mr. Speed submitted the following resolution which, on mo- tion of Mr. Woods, was indefinitely postponed: Resolved, That a committee of five be appointed wilh instructions to ascertain if some anaiiKemciit can be made will\ tlie House of Dclci^ales by which they may so adjust llieir sessions as tiial their hall can be appropriated, diirinp a portion of each day, for the use of the Convention; or failing to make such arrangement, that said committee be instructed to provide some other place for the session of this body. Mr. Conrad, of Frederick, submitted the following resolution which was unanimously adopted: Resoh'ed, Tliat a committee to consist of twenty-one dcletjates, selected from the different sections of the State, to be termed " The Committee on Federal Re- lations," be appointed by the President; to said committee all resolutions touch- ing Federal Relations which may be offered in Convention, shall be referred; and it shall be their duty from time to time, to report upon the same to the Con- vention for its action. Mr. Gray submitted the following resolution, which wa.s unanimously adopted: Hesoh'td, That the thanks of this body be tendered to \Vm. F. Gordon, Esq., Clirk of the House of Delegates, for the handsome manner in wiiich he has dis- charged the duties of temporary Secretary of the Virginia Convention. Mr. WiLSox submitted the following resolution, which being objected to, was laid over under the rule: Resolved, That the Virginia Commissioners to the Peace Conference now in session in the city of Washington be respectfully requested to report to this body at their earliest convenience, whether in their opinionj any result acceptable to Virginia, may be exjiected from the deliberations of their body. On motion of Mr. Johnson, the Convention proceeded to the election of Printer. Mr. Johnson nominated Wyatt M. El- liott, of the City of Richmond. No other nomination being made, the vote was taken, and Mr. •c-rrnTT was unanimously elected. JOURNAL OF THE CONVENTIOX. 4$ Mr. Hatmond submitted the following resolution: Resolved That the Printer to this Convontion receive the same pay for his ser Vices, as the Printer to the House of Delegates, for similar work Mr Morris submitted the following resolution, which on mo- tion of Mr. Hall, of Wetzel, was laid upon the table: /?m/rerf, That a committee of five members be appointed by the President to a.certam and report speedily if this Hall cannot be so arranged as better to ac- commodate the members of this House. ^ The President announced that he had appointed the foUow- nig Pages for this Convention: VVilMam H. Tallinan, Edward Gay, August Rosen, Arthur t legen. The Presidext presented the following communication from the President of the Young Men's Christian Association, of the City of Richmond: Richmond, February 13, 18G1. Hon. John Janney, Pres't Va. Convention: />ar S,r,-Thc Richmond Young Men's Christian Association have assiirned me the agreeable duly of myiling ihe members of your honorable bodvto^-isit their Library and Heading Rooms, in Goddin's Hal), at such times dur^nir viur present session, as may be consistent with yt.ur convenience. ^ ^ I am very respectfully your obedient servant, J. B. WATKINS, Pres't Y. M. C. .3. Mr Kent presented the petition of Mr. B. D. Line, contest- ing the election of Mr. John D. Sii.arp, the Delegate returned hoin the County of Lee, which was referred to the Committee on Jiilectioiis. On motion of Mr. Montague, the Convention adjourned. Saturday, February 16^ 1861, The Convention assembled at 12 o'clock. PrayeT by the Rev. Mr. Duncan of the Methodist Church 1 he President announced the following Committee on Fe- deral Relations: Messrs. Conrad of Frederick, Wise, Scott of Fauquier, Pres- ton Harv.e, MacJ-arland McComas, Montague, Price, Southall, Willey, Bruce Boyd, Barbour of Culpeper, Williams, Rives Moore, Blow, Johnston of Lee and Scott, Baldwin, .Tackson. J he President announced the following Committee of Elec- tions: Messrs Haymond, Goggin, Brown, Chambliss, Caperton, Ambler, Gray, Hunton, Campbell, Tredway, Hall of Lancas- ter and Northumberland. 44 JOURNAL OF THE CONVENTION. On motion of Mr. Dorman^ the following resolution was adopted: Resolved, That the election returns transmitted to the President of the Con- vention, be referred to the Committee on Elections, with instructions to report the result of the vote cast upon the question of referring the action of this Con- vention to the people. On motion of Mr. Sutherlin, the following resolution was adopted: Resolved, That editors of the newspapers published in tiiis State, and reporters for the same, be admitted to seats in the Convention, under the direction of ths President. On motion of Mr. Turner, of Jackson and Roane, the follow- ing resolution was adopted: Resolved, That this Convention tender's to the Young Men's Christian Associa- tion of Riclimond, its grateful aciinowledgments, for the kind offer to the niem- beis of this body of the free use of the Reading Room and Library of the Asso- ciation. The President laid before the Convention the following communications: To the President of the Virginia Convention: The accompanying portrait of James Monroe was taken frtmi life, and is thought to be an excellent likeness of that eminent statesman. Tliinking that it may be an appropriate ornament for the Hall of the Convention, (during the ses- sion of that body,) 1 offer it to you to be hung up there. With great respect, &.c., &c., MARTHA STANARD. Richmond, February, 14, 186L Richmond, February 1j, ISGl. To the President cf the Virginia Stale Convention: Respected Sir: — I have caused to be placed in the Hall of the Convention — a picture of Washington crossing the Delaware — a portrait of Chief Justice Marshall, and two ftlarble Busts of Henry Clay and John C. Calhoun, all of which, I trust, are appropriate for the occasion, and I hope will meet the appro- bation of the august body now sitting in Convention. Very respectfully, JOHN W. DAVIES. On motion of Mr, Macfarland, the following resolution was adopted: Resolved, That this Convention accept with pleasure, and gratefully acknowl- edge, the very handsome and appropriate presents which now adorn the hall of the Convention. Mr. Early submitted the following resolution: Resolved, That the Sergeant-at-Arms of this ConventioD do ascertain the num- ber of persons that can be accommodated in the gallery, and space set apart for gentlemen as spectators, and that the Secretary issue tickets of admission equal to the number that can be so accommodated, and distribute them equally among JOURNAL OF THE CONVENTION. 45 the members of the Convention, and that no person be admitted into the said gallery or space on Monday next, without a ticket of admission. Mr. Fisher moved to amend the resolution by substituting the following: Resolved, That when tlie Convention adjourns to-day, it adjourn to meet in the African church, on Monday next, at 12 o'clock M. The qiiestion being upon the adoption of the amendment, was put and decided in the negative. Mr. Hall, of Marion, moved that the resolution be laid upon the table. The question being put was decided in the negative. The resolution offered by Mr. Early was then adopted. Mr. Marr, submitted the following resolution, which was ordered to be referred to the Committee on Federal Relations. Resolved, That Virginia cherishes a devoted attachment to the union of these States under the Constitution framed by the wise and patriotic men of the past; that she will use every iionorabie effort and make any sacrifice consistent with her honor and interest to restore and nfftintain it ; but that it is proper to declare, through ti)e Convention now assembled, her opposition to the coercion, under existing circumstances, of any slave State, and an unalterable determination not to submil to any administration of the government in which her rights are as- sailed or not fully protected, and that if the Union cannot be restored and pre- served upon terms honorable to its component parts, it should be divided. Mr. Morton submitted the following resolutions, which were ordered to be referred to the Committee on Federal Relations. Resolved, That the people of Virginia, in Convention assembled, do solemni}' declare, that she will not submit to the coercion of the seceded States, upon the pretext of the enforcement of the laws of the United States, or upon any pre- text whatever. 2. That she solemnly protests against the use of the standing army and navy of the United States, by the General Government, and the concentration of troops at the Federal Metropolis, and at various forts, arsenals, &c., to coerce any State or States now in or out of the Union. 3. That this Commonwealth ardently desires to restore the fedei-al Union, and to preserve it upon terms of safety and honor to all its members ; but if the ef- forts now being made for that purpose prove unavailing, she will not hesitate to unite herself with her sister States of the South. Mr. Carlile submitted the following resolution which was ordered to be referred to the Committee on Federal Relations. Resolved, That since the decision of the Supreme Court of the United States in the case of Chisholm vs. the State of Georgia, and the adoption of the elev- enth amendment to the Constitution, we are at a loss to understand how the im- pression that tiie Federal Government possessed the power to coerce a State could have obtained credence. Mr. Leake submitted the following resolution, which was or- dered to be referred to the Committee on Federal Relations: Resolved, as the opinion of this Convention of the people of Vii-ginia, That if the Federal Government at Washington should undertake forcibly to retake the forts 46 JOURNAL OF THE CONVENTION. within any of the States that have dissolved their connexion with the Federal Union, Virginia will regard such acts as an invasion of the rights of sovereign States, and should said authorities undertake to collect the duties on foreign im- portations introduced, or about to be introduced into any such States, Virginia will regard any such acts as coercion, and that her faith has been pledged, and is hereby again pledged, as far as it can be, to resist with all the means in her power, all such acts of invasion and coercion. Mr. Richardson submitted the following resolutions, which were ordered to be referred to the Committee on Federal Rela- tions: The people of the sovereign State of Virginia, in General Convention assem- bled, do declare and publish the following resolutions: 1. That the compact by which the several sovereignties composing the United States of North America were united in a confederacy, has been repeatedly violat- ed by individuals and States composing the Northern part of the same. 2. That the said compact having been thus repudiated by parties to the same, to the injury and oppression of other parties thereto, is not binding upon the lat- ter, and exists not of right but by sufferance. 3. That not only are the sovereign States of this Union the rightful judges of the circumstances under which their honor and safety require their withdrawal therefrom, but those who have peaceably so withdrawn, were justified in so doing, by invasions of their just rights. . 4. That we will resist the coercion of the States which have so withdrawn, be- cause there is no rightful power to use force against them under present circum- stances, because their interest is common with ours, and because an impairment of their safety is dangerous to our own. 5. That in view of the grievances which the South has sustained at the hands of the North, and of the election of a chief magistrate, avowedly hostile to the institutions of the former, it is the duty of the latter at once to concede such con- stitutional guarantees to the South, as will prevent the recurrence of the wrongs already inflicted on us, and secure our full and equal rights in the Confederacy. 6. That the failure to provide against these wrongs and to secure these rights is an evidence of cither indifference or hostility towards us, which are alike fatal to our peace and safety., 7. That in view of these plain truths, we demand that security for our rights and honor be accorded to u? in the Confederacy as speedily as the necessary con- stitutional proceedings can be carried out, and in default thereof, will dissolve our connection with those who first wantonly wrong us, and then obstinately persevere in the injury. 8. That arguing from the persistent denial of our just demands the danger of a conflict of arms, we decree that the State be forthwith put in such a condition of defence as will ii;sure her safely, dignity and honor. On motion of Mr. Johxsox, the following resolution was adopted: Resolved, That the President of the Convention be authorized to employ an Assistant Door Keeper. Mr. Flournoy submitted the following resolutions, which were ordered to be referred to the Committee on Federal Relations: Resolved by this Convention, That whilst Virginia has a high appreciation of the blessings intended to be secured by the Constitution of the Union, and would do much and forbear much to perpetuate them, yet it feels itself bound to declare that an identity of interests and of wrongs with the seceded States of the South, would, in case of an attempted coercion by tiie Federal Government, demand and receive the interposition of all her military strength in resisting such aggres- sion. JOURIs^AL OF THE COJfVEXl'ION. 47 Resolved, That Virginia hopes and believes that by prudent measures of con- chat.on on the part of the Lnited States Government in its intercourse wihfhe seceded States, and by a just appreciation of the magnitude of ourTre'entperHs that some measures of compromise between the North and the S'uU? may be Mr. MoRTox submitted the following resolution, and the question being put, was decided in the negative: hpS"on^'^' '^^■^J- ^^^ Sergeant-at-Arms be directed to cushion the seats of mem- bers, and provide each member with a desk, or table with a lock and key. On motion of Mr. Forbes the Convention adjourned. Monday, February 18th, 1861. The Convention assembled at 12 o'clock, M. Prayer by Rev. Dr. Reid, of the Presbyterian Church On motion of Mr. Conrad, of Frederick, the following reso- lution was adopted: ® ^R^^ohed, That the Committee on Federal Relations be authorized to appoint a On motion of Mr. Preston, the Convention proceeded with the order of the day, having for its object the reception of oral communications from the Commissioners from the States of South Carolina, Georgia, and Mississippi. The Prksident then introduced Hon. Fulton Anderson Commissioner from the State of Mississippi, who addressed the Convention. On the conclusion of his address, the President introduced Hon. H L. Kenning, Commissioner from the State of Georgia, who addressed the Convention, and concluded by tendering a copy of '^an Ordinance to dissolve the Union between the State ot Georgia, and other States united with her, etc.," which being presentHd to the Convention by the President, was, on motion ot Mr. 1 RESTON, laid upon the table, and ordered to be printed. [Doc. No. III.] ^ On motion of Mr. Preston, the further execution of the or- der of the day was postponed until to-morrow at 12 o'clock, M. 48 JOURKAL OF THE COKVEiCTlOK. On motion of Mr. Early, the following resolution Was adopted ; Resolved, That the resolution adopted on Saturday in regard to tickets of ad- mission for this day, be renewed for to-morrow. On motion of Mr. Staples, the Convention adjourned. Ip Tuesday, Feb. 19th, 1861. The Convention assembled at 12 o'clock, ^I. Mr. B. W. Byrne, the delegate from the Counties of Brax- ton, Nicholas and Clay, appeared and took his seat. Prayer by the Rev. Mr. Peterkin, of the Episcopal Church. On motion of Mr. Preston the Convention proceeded with the unfinislied order of the day. The President then introduced fhc Hon. Jcuin S. Preston, the Conmiissioner from South Carolina, who addressed the Con- vention. On the conclusion of his address, Mr. Goode submitted the following resolution, which was adopted. Resolved, That the Hon. Fulton Anderson, the Hon. Henry L. Benning, and the Hon. John S Preston be respectfully requested to furnish copies of their ad- dresses to this Convention for publication. Mr. Hall, of Wetzel, submitted the following resolutions, which were ordered to be referred to the Committee on Federal Relations. Resolved, That, in the opinion of this Convention, Virginia has a Ieg:al right, at any time, to resume to herself the powers that she heretofore granted to the Fe- deral Government, but she siiould never exercise that right when the interest of others are involved only for good cause; and that the mere election of Abraham Lincoln to the presidency of the United States, under the forms of the Constitution, affords no just ground for Virginia to resume to 4ierself the powers granted to the General Government; but, in view of the fact that a portion of our sisters of the South, composing this Confederacy, have seen proper to break up their connection with this Government, and have formed a new Confederacy — thereby leaving the Stale of Virginia — in connection with the balance of the border slave States — greatly in the minority in both Houses of Congress, therefore, in the opinion of this Convention, Virginia should demand (as a matter of self-pro- tection,) additional guarantees and proper amendments to the Federal Constitu- tion, so as to preserve a just and proper equilibrium between the sections. Resolced, That Virginia should unite in presenting an ultimatum to the North- ern States, which ultimatum should be just and fair to all sections of our com- mon country, and give the States a fair opportunity to take action on the same. Resolved, That, in the opinion of this Convention, Virginia should fix a time, beyond which she will not wait, and if the Northern States fail to ratify the ac- tion of Virginia, or fail to meet her in a spirit of harmony and conciliation within the time that may be prescribed by this Convention, Virginia should at once take such steps as will effectively secure her just rights out of the Union with the Korthern Confederacy. On motion of Mr. Clemens the Convention adjourned. JOURNAL OF THE COX^^EXTIOX. 49 7 Wednesday, February 20, 1861. The Convention assembled at 12 o'clock, M. Prayer by the Rev. Mr. Peterkix, of the Episcopal Church. Mr. Clemens submitted the following resolution: Resolved, That the President of this Convention have authority to employ, at a fixed rate of compensation, a sufficient number of reporters to talce down as they occur the debates of this body, with a view to the publication of the same here- after, in a portable form, if it shall be deemed, by this body, expedient or necessary. Mr. Fisher moved to amend the resolution, and the amend- ment being accepted by Mr. Clemens, the resolution was adopted as follows: Resolved, That the President of this Convention be authorized to contract with the proprietors of the Richmond Enquirer for continuing the reporting and pub- lishing the proceedings of this Convention. Subsequently, Mr. Price moved a reconsideration of the vote by which the resolution was adopted, and the question being put was decided in the negative — yeas 46, nays 82. On motion of Mr. Clemens, the vote was recorded as follows: The names of those who voted in the affirmative are — Messrs. John Janney, (PresH) Messrs. William B. Aston, .Tohii B. Baldwin, William W. Boyd, William G. Brown, James C. Bruce, John S. Burdett, James Burley, Benj. W". Byrne, John A. Campbell, C. B. Conrad, Robert Y. Conrad, James H. Cox, Jubal A. Early, Colbert C. Fugate, Samuel M. Garland, H. L. Gillespie, Robert E. Grant, Peyton Gravely, F. L. Hale, J. G. Holladay, George W. Hull, John J. Jackson, John R. Kilby, John F. Lewis, James C. McGrew, Wm. H. Macfarland, Thomas Maslin, Henry H. Masters, Samuel McD. Moore, Hugh M. Nelson, William C. Parks, Spicer Patrick, Edmund Pendleton, Wm. Ballard Preston, Samuel Price, Peter Saunders, Sr. V. W. Southall, Alex. H. H. Stuart, Chapman J. Stuart, George P. Tayloe, William M. Tredway, William White, Robert H. Whitfield, Williams C. Wickham, Benj. F. Wysor— 46. JOURNAL OF THE COXVENTIOX. The names of those Avho voted in the negative arc — Messrs. Wm. M. Ambler, Messrs. Edward M. Armstrong, George Baylor, Angus R. Blakey, George Blow, Jr. Caleb Boggess, James Boisseau, Peter B. Borst, Thomas Branch, William P. Cecil, John R. Chambliss, Manilius Chapman, Sherrard Clemens, Samuel A. Coffman, Raphael M. Conn, James H. Couch, Richard H. Cox, John Critcher, W. H. B. Custis, Harvey Deskins, James B. Dormau, William H. FJulany, John Echols, Miers W. Fisher, Thomas S. Flournoy, William W. Forhes, Napoleon B. French, Samuel L. Graham, Fendall Gregory, Jr. John Goode, Jr. Thomas F. Goode, Addison Hall, Cyrus Hall, Ephraim B. Hall, L. S. Hall, Allen C. Hammond, Lewis E. Harvie, Alpheus F. Haymond, James W. Hoge, James P. Holcombe, Chester D. Hubbard, Eppa Hunton, Lewis U. Isbcll, Marmaduke Johnson, Peter C. Johnston, Robert C. Kent, John J. Kindred, AValtcr I). Leake, "William McComas, Paul McNeil, Charles K. Mallory, James B. Mallory, James Marshall, John i^. Marr, John L. Marye, Sr. H< (ratio H. Moflett, Robert L. Montague, Ednuiud T. Morris, Jeremiaii Morton, William J. Neblett, Johnson Orrick, Logan Osburn, George x\lc(J. Porter, David Pugh, George W. Randolph, George W. Richardson, Timothy Rives, Robert E. Scott, John T. Seawell, James W. Sheffey, Thomas Sitlington, John M. Speed, Burwell Spurlock, Samuel G. Staples, Robert H. Turner, Franklin P. Turner, Edward Waller, Waitman T. Willey, Samuel C. Williams, Benjamin Wilson, Henry A. Wise, Samuel Woods— 82. Mr. Brent submitted the following resolutions, which were ordered to be referred to the Committee on Federal Relations: Resolved by the people of Virginia in Convention assembled. That we are warmly attached to the Union of these States — that we do not recognize in the diversity JOURNAL OF THE CONVENTION. 51 of our institutions any cause of conflict between the ditferent States; but, on the contrary, we believe the great varieties of soil, of production and of interests, in a Republic liiie this, grounds for a more lusting and perfect Union. Resolved, That in times like these it becomes the duly of every patriot to rise above party or sectional considerations, to make an earnest ell'ort to save the Union, in that spirit of generous compromise in wliich tlie Constitution was framed, and, therefore, in the spirit of compromise, we are willing to adopt the amendments to the Constitution proposed by Senator Crittenden, or any other plan of conciliation equivalent thereto, which has been or may be hereafter offered, by which harmony may be restored betv\-een the people of the different States, and the Union perpetuated. Resolved, That in the opinion of this Convention the employment of the army and navy of the United States to coerce submission of the seccdiiig States will inevitably plunge the country into civil war, and entirely extinguish all hope of a settlement of the issues now pending. We, therefore, invoke the Federal Go- vernment, as well as the seceding States, to withhold and stay the arm of military power, and on no pretext whatever to bring on the country the horrors of civil war until the people themselves can take such action as our troubles demand. Mr. TuRNEij, of Jackson, submitted the following resolutions, which were ordered to be referred to the Committee on Federal Relations: Resolrcd bij the people of Virginia in Convention assembled, That if all eflorts to reconcile the unhapjjy dili'erences existing between the two sections of the coun- Iryshall prove to be abortive, then, in the opinion of this Convention, every consideration of honor and interest demands that V'irginia shall unite her destiny with the slaveholding States of the South. Resolved, That when any one or more of the States has determined, or shall hereafter determine, under existing circumstances, to withdraw from the Union, we are unalterably opposed to any attempt on the part of the Federal Govern- ment to coerce the same into reunion or submission, and that we will resist the same by all the means in our power. Mr. Morris submitted the following resolutions, which were Ordered to be referred to the Committee on Federal Relations: Resolved, That the union of the South is the safety of the South. Resolved, That, in our opinion, each of the remaining slaveholding States of this Union should speedily resume the powers delegated by them to the Federal Government, and cooperate afterwards. Mr. Tredway submitted the following resolution: Resolved, That a Select Committee of five be appointed with instructions to in- quire and report as speedily as practicable, whether any movements of arms or men, has been made by the General Government, to any fort or arsenal in, or bor- dering upon Virginia, indicating a preparation i'oy attack or coercion. Mr. DoRiMAN moved to lay the resolution on the table, and the question being put, was decided in the allirmative — yeas 78, nays 61. On motion of Mr. Fisher, the vote was recorded as follows: The names of those who voted in the affirmative are: Messrs. William B. Aston, Messrs. James W. Hoge, John B. Baldwin, J. G. HoUaday, George Baylor, Chester D. Hubbard, George W. Berlin, John N. Hughes, George Blow, Jr. George W. Hull, 52 JOURNAL OF THE CONVENTION. Messrs. Caleb Boggess, William W. Boyd, Thomas Branch, George W. Brent, William G. Brown, John S. Burdett, James Burley, Benjamin W. Byrne, John A. Campbell, John S. Carlilc, John A. Carter, Sherrard Clemens, Samuel A. Colfman, C. B. Conrad, Kobert Y. Conrad, James H. Couch, James H. Cox, John Critcher, W. H. B. Custis, Harvey Deskins, James B. Dorman, William H. Dulany, Jubal A. Early, John Echols, Napoleon B. French, Colbert C. Fugate, H. L. Gillespie, Robert E. Grant, Peyton Gravely, Algernon S. Gray, Addison Hall, Ephraim B. Hal), Allen C. Hammond, Alpheus F. Haymond, Messrs. John J. Jackson, Peter C. Johnston, John F. Lewis, Wilham McComas, James C. McGrew, Paul McNeil, William H. Macfarland, Thomas Maslin, Henry H. Masters, Horatio G. Molfett, Samuel Mel). Moore, Hugh M. Nelson, Johnson Orrick, liOgan Osburn, Spiccr l?atrick, Ednnind Pendleton, George McC. Porter, David Pugh, Timothy Rives, Peter Saunders, Sr. John 1). Sharp, Thomas Sitlington, Burwcll Spurlock, Samuel G. Staples, Alex. H. H. Stuart, Chapman J. Stuart, George P. Tayloe, Edward Waller, William White, Williams C'. Wickham, Waitman T. Willey, Benjamin Wilson, Sanmel Woods — 77. The names of those who voted in the negative are — Messrs. John Janney, (PresU) William M. Ambler, Ed. M. Armstrong, Angus R. Blakey, James Boisseau, Peter B. Borst, Wood Bouldin, James C. Bruce, Wilham P. Cecil, John R. Chambliss, Messrs. John R. Kilby, John J. Kindred, James Lawson, Walter D. Leake, Charles K. Mallory, James B. iNIallory, James Marshall, John Q,. Marr, Robert L. ]Montague, Edmund T. Morris, JOURNAL OF THE COXVEXTIOX. 53 Messrs. Manilius Chapman, Raphael M. Conn, Ricliard H. Cox, Miers W. Fisher, Thomas S. Floiirnoy. VViUiam W. Forhes, Samuel M. Garland, Samuel L. Graham, Fondall Gregory, Jr. William L. Goggin, JohnGoode, Jr. Thomas F. Goode, F. L. Hale, Cyrus Hall, L. S. Hall, Lewis E. Harvie, James P. Holcombe, Eppa Hunton, Lewis 1). Isbell, Marmadukc Johnson, Robert C. Kent, Messrs. Jeremiah Morton, William J. Neblett, William C. Parks, Wm. Ballard Preston, Samuel Price, George W. Randolph, George W. Richardson, Robert E. Scott, John T. SeaAvell, James W. Sheffey, Valentine W. Southall, John M. Speed, James M. Strange, John T. Thornton, William M. Tredway, Robert H. Turner, Franklin P. Turner, Robert H. Whitfield, Samuel C. W'illiams, Henry A. Wise, Benj. F. Wysor— 62. Mr. Nelson submitted the following resolutions, which were ordered to l)e referred to the Committee on Federal Relations: 1. Rc!:olvcd, by the Convention of Virginia, That the differences between the slaveholdinp; and non-slavcholding States, can only be settled by the adoption of amendments to the Constitution, and that the interests of both sections of the country imperiously demand that the slavery agitation should be removed now and forever from the halls of Congress. , 2. Resolved, That whilst we hold that the Constitution of the United States makes all the States equal and gives them all equal rights in the common terri- tory; yet, in view of the fact, that ours is a Government founded upon compro- mise, we are willing to divide said territory by a line on the parallel of 36 deg. 30 min., and that we will insist that in all the territory South of said line of lati- tude, slavery of the African race shall be recognized as property, during the coutinuauce of the Territorial Government — by a Constitutional provision irrc- pealable — except by the consent of all the slaveholding States. 3. -Resolved, That a like provision should be made to prohibit Congress from interfering with the subject of slavery in any of the States, without the consent of every Slate; and also to make it the interest of the people of the States, to which fugitive slaves escape, to have them delivered to their owners. 4. Resolved, That if no adjustment of the diifercnces between the States can be effected, it is the duty of the American people to provide the way for a dig- nified, peaceful, and fair separation, upon equitable terms and conditions — and for a proper division of the common property. Mr. Holcombe submitted the following resolution, which Avas ordered to be referred to th6 Committee on Federal Relations: Resolved, That in the opinion of this Convention, no adjustment of the un- happy sectional controversy which now divides the countrj" will give lasting peace or permanent security to the slaveholding States, unless it embraces an amendment of the Constitution, which will place in their hands such measure of 54 JOURNAL OF THE COFV^ENTION. political power, as will enable them to prevent any departtpent of the Federal Government from using its authority, in any form, to the prejudice of their in- stitutions. On motion of Mr. Turner, of Jackson, the resolution sub- mitted by Mr. Wilson on the third day of the session, was taken up, and leave being granted by the Convention, the resohition was withdrawn by Mr. Wilson. On motion of Mr. Johnson, of Richmond city, the following resolution was adopted: Resolved, That a committee of five be appointed to inquire what compensation the officers of this Convention shall receive and to report the same to this Con- vention. Mr. GoouE, of Mecklenburg, submitted the following resolu- tion, which was ordered to be referred to the Committee on Federal Relations: Resnlved, That in view of the probable immediate passage by Congress, of a force bill, we feel called upon to declare promptly and emphatically, that \'ir- ginia will regard an attempt to coerce any seceding State, under ^vhatcver pre- text made, as in conflict with the fundamental principles of, and destructive to our republican institutions, and that a due regard for our rights, and those of licr sister States, (for she will claim them as her sisters,) would impel her to resist such attempt by ail the means in her power. On motion of Mr. Fisher the following resolution was adopted: Resolved, That the Governor of this Commonwealth be requested to inform the Convention of the number of enrolled Militia and of the Volunteers of the State, the number of companies that have been supplied with arms, their kind and description, as soon as he couvpniently may. . Mr. MoNTACxUE submitted the following resolution: Resolved, That the Virginia Commissioners to the Peace Conference now in session in the City of Washington, be respectfully requested to report to this body at their earliest convenience, whether, in their opinion, any result acceptable to Virginia may be expected from the deliberations of thc;r body. Mr. Patrick moved . to lay the resolution on the table, and the question being put was decided in the affirmative — yeas 98, nays, 40. On motion of Mr. Montague the vote was recorded as follows: The names of those who voted in the affirmative are — Messrs. John Janney, (Pres't) Messrs. William W. Forbes, Ed. M. Armstrong, John N. Hughes, William B. Aston, George VV. Hull, John B. Baldwin, John J. Jackson, George Baylor, Marmaduke Johnson, George W. Berlin, Peter C. Johnston, JOURNAL OF THE COJS^'ENTIOIS". 55 Messrs. George Blow, Jr. Caleb Boggess, Wood Bouldin, William W. Boyd, Thomas Branch, George W. Brent, William G. Brown, James C. Brnce, John S. Burdett, James Bnrley, Benj. W. Byrne, John A. Campbell, John S. Carlile, Sherrard Clemens, Sanuiel A. Coffman, C. B. Conrad, Ro. Y. Conrad, James H. Conch, James H. Cox, John Critcher, W. H. B. Custis, Harvey Deskins, James B, Dorman, William H. Dnlany, Jnbal A. Early, John Echols, Thomas »S. Flournoy, Napoleon B. French, Colbert C. Fugate, Samuel M. Garland, H. L. Gillespie, Robert E. Grant, Peyton Gravely, Algernon S. Gray, William L. Goggin, F.L. Hale, Addison Hall, Ephraim B. Hall, ^ Allen C. Hammond, Alpheiis F. Haymond, James W. Hoge, J. G. Holladay, Chester D. Hubbard, Messrs. James Lawson, John F. Lewis, William Mc Comas, James C. McGrew, Paul McNeil, Wm. H. Macfarland, Charles K. Mallory, James B. Mallory, James Marshall, John L. Marye, Sr. Thomas Masiin, Henry H. Masters, Horatio G. Moffett, Samuel McD. Moore, Hugh M. Nelson, Johnson Orrick, Logan Osburn, Spicer Patrick, Edmund Pendleton, George McC. Porter, Wm. Ballard Preston, Samuel Price, David Pugh, Timothy Rives, Peter Saunders, Sr. Robert E. Scott, John I). Sharp, James W. ShefTey, Thomas Sitlington, Charles R. Slaughter, Valentine W. Southall, ,Tohn M. Speed, Burwcll Spurlock, Samuel G. Staples, Alex. H. H. Stuart, Chapman J. Stuart, George P. Tayloe, William M. Tredway, Edward Waller, William White, Wms. C.Wickham, Waitman T. Willey, Samuel Woods— 98. The names of those who voted in the negative are — Messrs. William M. Ambler, Messrs. Robert C. Kent, Angus R. Blakey, John R. Kilby, { 66 JOURNAL OF ^ilE CONVEXTIOX. Messrs. James Boisseau, Messrs. .lohn J. Kindred, Peter B. Borst, Walter D. Leake, William P. Cecil, Robert L. Montague, .John R. Chambliss, Edmund T. Morris, tfr'Manilius Chapman, Jeremiah Morton, Raphael M. Conn, William J. Neblett, Richard H. Cox, WilHam C. Parks. Miers W. Fisher, George W. Randolph, Samuel L. Graham, George W. Richardson, Fendall Qregory, Jr. John T Seawell, John Goode, Jr. James M. Strange, Thomas F. Goode, John T. Thornton, Cyrus Hall, Robert II. Turner, L. S. Hall, Franklin P. Turner, Lewis E. Harvie, Robt. H. Whitfield, James P. Holcomb'e, Sam'l C. Williams, Lewis D. Isbell, Henry A. Wise, Eppa Hunton, Benj. F. Wysor — 40. Mr. Branch submitted the following resolutions, which were ordered to be referred to the Committee on Federal Relations: 1. Resolved, That the people of Virginia in Convention assembled, are firmly opposed to military eoercion, open or inder disguise, to the Confederate States of the Union by the Federal Government, and that they will not submit to it. 2. Resolved, That the State of Virginia is willing to wait a reasonable time for the Northern States of the Confederf cy to guarantee to Virginia and her sister Southern States, justice and equality in the Union — based on the principles of the " Crittenden Resolutions," and a protective power in the Constitution for the preservation intact of their just and equal rights. 3. Resolved, That in pursuance of this policy and with the view of effecting a restoration of kindly feeling in all parts of the country, and re-constructing the constitutional compact andUnion up n an honorable, equal and permanent basis, and the hope of securing the return of the Cotton States which have withdrawn from the United States, Virginia will not for the present exercise her inherent right of declaring herself an independent sovereignty of America. 4. Resolved, But that desiring and intending to act with the candor and inde- pendence becoming her position and her relation towards her sister States, and the complication and magnitude of the interests involved, Virginia distinctly de- clares that failing, if she should, in '.uis her earnest etibrt to accomplish the ob- jects above indicated, her natural ti'^s, her clear rights and sacred honor alike dictate a firm and prompt adhesion on her part to the common cause of the Southern States, and the blending of their interests and destiny with her own. 5. Rfsolved, That we invite and recjuest the States of Arkansas, Missouri, Ten- nessee, Kentucky, Maryland, Delaware and North Carolina, to appoint Corn- missioners to meet Commissioners appointed by this Convention, at Wytheville,in the county of Wythe, in this State, on the la'st Thursday in March next, to de- vise the best means of promoting our mutual interests. 6. Resolved, That we elect eleven Commissioners to carry out the provisions of the 5th resolution ; and that they report their determination to this Convention, on the day of April. 7. Resolved, That a copy of these resolutions be forwarded to the Governors of all the Stales, to the President of the United States, to the Governors of the confederated States of North America, and to the President thereof. Mr. Haymond from the Committee of Elections presented a JOURNAL OF THE CONTENTION. 57 report in part, which on motion of Mr. Patrick, was laid upon the tabic and ordered to be printed. [Doc. No. IV.] Mr. BouLDiN submitted the following resolution, which was ordered to be referred to the Committee on Federal Relations: Resolved, by this Convention, That any attempt on the part of the Federal Go- vernment to reclaim, by military force, the forts and arsenals now held by the se- ceded States, or to collect by force federal revenue from those States, if not it- self war, must inevitably lead to war ; and in such war Virginia, with all her military strength, will sustain the seceded States. On motion of Mr. Patrick the Convention adjourned. Thursday, February 21, 1861. The Convention assembled at 12 o'clock, ]\I. Prayer by the Rev^ Mr. Nolley, of the Methodist Church. The President announced the following Committee on Compensation of Officers, under the resolution adopted yester- day: Messrs. Johnson, of Richmond City, Hubbard, Gregory, ColTman and Shelfey. Mr. Raymond, from Committee of Elections, presented tlie following report, ''showing who are elected delegates to the Convention:" The Committee of Elections have had under consideration the evidence of election of members to the Convention, and re- port that tlie following persons appear to have been duly elected thereto, to wit: Accomac William H. B. Custis. Albemarle i Valentine W Southall, I .James P. Holcombe. Alexandria George W. Brent. Alleghany and Bath Thomas Sitlington. Amelia, and Nottoway I>ewis E. Harvie. Amherst Samuel M. Garland. Appomattox Lewis D. Isbell. rA. H. H. Stuart, Augusta -^ John B. Baldwin, (^ George Baj^lor. Barbour Sanmel Woods. Bedford j Yf^^r ^ ^?^^^"' -^ ^ John Goode, Jr. „ / 7 X Edmund Pendleton. ^''^''^'y i Allen C.Hammond 8 58 JOURNAL OF THE CONVENTION. 13 * , * ^ n • \ Flemina: B. Miller, Botetourt and Urms^ -{ tt^-,,- ^t,,- t, i ^ \y\ 1 111 am W. Boyd. Braxton, Nicholas, Clay and Webster Benjamin W. Byrne. Brooke Campbell Tarr. Brnnsunck James B. Mallory. Buckingham William W. Forbes. Cabell William McComas. ^ J „ CJolm M. Speed, . C^'^P^cll I (.,,^,.,^,^ R. Slanghter. Caroline Edmund T. Morris. Carroll F. L. Hale. Charles City, James City and •^*?^^ John Tvder Kent ; 3 Charlotte tV^ood Bouldin. Chesterfield James H. Cox. ^ Clarke Hugh I\I. Nelson. Culpcper James Barbour. Cumberland and Powhatan William C. Scott. Dinwiddie James Boisseau. Doddridge and Ti/ler C.J. Stuart. Elizabeth City, Warwick, York «»rf7 Charles K. Mallory. WiUiamsburg y ' Essex and King 4* Queen Richard H. Cox. Fairfax William H. Dulany. Fauquier -^ Robert E Scott, •* (John Q. Marr. Fayette and Raleigh Henry E. Cillespie. Fluvanna James M. Strange. Franklin i -^"^^^^ '^- ^""^^Y^ t Peter Saunders, Sr. Floyd Harvey Deskins. Frederick S Robert Y. Conrad, (^ James Marshall. Giles ]\lanilins ( Chapman. Gloucester ^ John T. Seawell. Gilmer, Wirt and Calhoun C. B. (.'onrad. Goochland Walter D. Eeake. Grayson Wm. C. Parks. Greene and Orange Jeremiah Morton. Greenbrier Samuel Price. Grcenesville and Sussex J. R. Chambliss. Halifax S Thomas S. Flournoy, ( James C. Bruce. Hampshire ... S Edward M. Armstrong, ^ I David Pugh. Hancock George McU. Porter. JOURNAL OF THE CONVEOTTION. 59 Hanover George W. Richardson. Hardy Thomas Maslin. rr • CJohn S. Carlile, Harrison |Benjamin Wilson. Fe n CO Williams C. "Wickham. Henry Peyton Gravely. Hirrfiland George W. Hull. Me of Wight Robert H. Whitfield. Jackson and Roane Franklin P. Turner. , _ ( Alfred M. Barbour, M(^rson I Logan Osburn. ,^ , CGeorffe W. Summers, Kanawhxi jspicer Patrick. King George and Stafford Edward Waller. King William Fendall Gregory, Jr. Lancaster and Northumberland Addison Hall. Lee John D. Sharp. Lee and Scott Peter C. Johnston. Lewis Caleb Boggess. Logan, Boone and Wyoming James liawson. _ , C John Janney, Loudoun I j^]^,^ ^ C^,.tgj. Louisa . William M. Ambler. Lunenburg '. .' .* .................. '. VV. J. Neblctt. Madison Angus R. Blakey. CAlpheus F. Haymond, Marion I Ephraim B. Hall. Mars/iall James Burley; Mason James H. Couch. Matthews and Middlesex Robert L. Montague. Mecklenburg Thomas F, Goode. Mercer. Napoleon B. French. r Waitman T. W^illev, Monongalia | Marshall AI. Dent.' Monroe If l!""^-, ^,"P^^^°»' "i John Ecliols. Montgomery Wm. Ballard Preston. Morgan Johnson Orrick. Nansemond John R. Kilby. Nelson Frederick M. Cabell. Norfolk City George Blow, Jr. Norfolk County {.raHoSly.' Northampton Miers W. Fisher. ^, . CSherrard Clemens, ^^^^'^ \ Chester D. Hubbard. Page Peter B . Borst. 60 JOURNAL OF THE COKVENHOK. Patrick Samuel G. Staples- Pendleton Ileuiy H. Masters. Pocahontas Paul McNeil. Petersburg Thomas nranch. Pittsylvania i "^^^ l' Sml.erlin, ^ (^ William M. Tredway. Pleasants and Ritchie Cyrus Hall. Preston S William G Brown, I James O. McGrew, Prince Edward John T. Thornton. Prince William Eppa Ilunton. Pi'incess Aiine Honr)'^ A. Wise. Pri?ice George and Surnj Timothy Rives. Pulaski Benjamin F. Wysor. Putnam James W. Hoge. Randolph and Tucker John N. Hughes. Rappahannock Horatio G. MolTet. r William H. Macfarland, Riclimond City -? Marmaduke Johnson, (^(Jeorgo W. Randolph. Richmond County Sf Westmoreland. Jolni Critchcr. Roanoke George P. Tayloe. D 77 -7 t Samuel McD. Moore, Rockbridge < t o i-k ^ (^ James B. Dorman. r Sanniel A. Coliman^ Rockingliam < John F. Lewis, (^ Algernon S. Gray. Russell and Wise William B. Aston. Scott Colbert C. Fugate. e; J ^h ( Samuel C. Williams, iShenandoah -^ „ , , ht /-i (^ Raphael M. Conn. Smyth James W. ShefTey. Southajnptnn John J. Kindred. Spotsylvania John L. Marye, Sr. Taylor John S. Burdett. Tazewell \ William P. Cecil, (^oamuel L. Graham. Upshur George W. Berlin. Warren Robert H. Turner. Washington j ^''^^'y ^o^'^l* 'n * ^ John A. Campbell. Wayne Burwell Spurlock. Wetzel Leonard S. Hall. Wood John J. Jackson. Wythe Robert C. Kent. JOUENAL OF THE CONVENTION. 61 The certificates of election produced are herewith filed, excent those filed in the office of the Secretary of the CommouAvealth John D. Sharp is retnrned elected from the county of Lee" but his seat in the Convention is contested by M. B D Lvne' of said county of Lee, and his petition and notice of contest have been referred to the Committee for examination and deci- sion, which contest has not yet been finally acted uiwn by the Committee. ^ j The Committee therefore report that the said Johv D Sh\rp haying the official return of election for said county of Lee is ^nma /aae entitled to occupy a seat in the Convention, until otherwise ordered by the Convention, on the final decision of said contest. The Committee will report upon said contest as soon as cir- cumstances will allow. All of which is respectfully submitted. A. F. HAYMOND, Chairma7i of the Committee of Elections. Mr. Haymoxd from the same committee, presented the follow- ing ordinance, which was adopted : AV ORDINANCE TOUCHING CONTESTED ELECTIONS. Jr/iercas The General Assembly, on the 14th day of January, 1861. passed an act en .tied "an act for electing members of a Convention arfd to c^Jvene the same; and, whereas by the eighth section of said act it is provided tint '' n the case of a contested election, the same shall be governed in all respect by the existmg laws HI regard to contested elections in the House of DeKtes unless \t7lT. '^'i'^^'-^'^.'^y l'^^ Convention;" and, whereas, it seems to the Con^c^ion that the sa.d ex.stmg laws in regard to contested elections in the House of Dele- gates are not suitable or proper for the government of the Convenlion incases of contested elecfons, the Convention deems it necessary (o prescribe propS rules for cases of contested elections for seats therein: It is therefore ^^ Ordained by the Convenlion, That the existing laws in regard to contested elec- tions ,n the House of Delegates shall not be applied to, or govern n cases of contested elections for seats in this Convention ^ ' It ts further ordained by the Convention, That any person contesting the election tiTl ''. ' uli:'^'^ °f- ''^'^ Convention, shailf within a reasonable time afer nVynr.Tl f tr^''/"r'^r had, give to the other notice thereof in wrT- ting, and a hst of the votes he disputes, with the objections to each, and of the vo es improper y rejected, for which he will contend. If he object to the le- gality of the election, or eligibility of the person elected, the notice shall et rasonaMeS'T^ and the person whose e^lection is contested shalf, wi? n a reasonable mie after receiving such notice, deliver to his adversary a 1 kc list of of the nn.T r'' ^' ^'fP"'',^ V'^' '''^ objections, if any he has, to Uie e ig hi i?y to d snufe I'p H ^ P'"'^- ,^w '' ?^'-J.y f''^^" ^PP^"d to the list of votes he Lends son ?hlr f "'' ^'' ""* \° '•'*' following effect: "I do swear that I have rea- m.^lfiH / ^® PI'I""]' ''''\°''' "^'^'^^ ^'"^ =^^o^'c mentioned, are not legally quahhed (or are qualified, as the case may be,) to vote in the county of (or corporation or district of .") ^ ' hp Ji'f f*"?^"^"^!"^ ^-5^^' ''"'^•V^^ P"""'"" ''"''"'^ '"'S'>^ 's contested shall respectively begin to take depositions withui a reasonable time after the delivery of the no- tice aforesaid by the contesting party; and they shall finish taking the same in 62 JOURNAL OF THE COVENTION. a reasonable time after delivery of such notice. The word reasonable, as used in this ordinance, shall be construed with reference to the circumstances attending each case, the condition of the parties, and the fact tiiat this ordinance has not been adopted until now, so as to prevent, as far as practicable, surprise to the parties. This ordinance shall apply to contests now pending, as w^ll as those which may hereafter be commenced. Mr. Conrad, from the Committee on Federal Relations, sub- mitted the following resolution, which was adopted: Resolved, That the Committee on Federal Relations have leave to sit during the sessions of this Convention, until further order. Mr. Woods submitted the following resolutions, which were ordered to be referred to the Committee on Federal Relations: 1. Resolved, That the allegiance which the citizens of Virginia owe to the Fe- deral Government of the United States of America, is subordinate to that due to Virginia, and may therefore be lawfully withdrawn by her whenever she may deem it her duty to do so. 2. That in case the State of Virginia should exercise this authority, her citi- zens would be in duty bound to render allegiance and obedience to her alone. 3. That Virginia recognizes no authority in any government, Slate or Federal, to coerce her, or any of her citizens to render allegiance to the government of the United States after she may, in the exercise of her sovereign power, have withdrawn from it; and that she will regard any attempt at coercion as equiva- lent to a declaration of war against her, to be resisted at "every hazard, and to the last extremity." 4. That the States of South Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana and Texas, having severally formally withdrawn the allegiance of their respective people from the United States of America, a faithful, earnest desire to avert civil war, and the sound conservative sentiment of the whole country, alike indicate to the government of the United States the necessity and policy of acknowledging their independence. Mr. Carlile submitted the following resolution: Resolved, That when the Convention adjourns to-day it will adjourn to meet on Monday next. Mr. Fisher moved to amend the resolution by striking out '^Monday" and inserting "Saturday," and ihe question being put was decided in the affirmative. The resolution as amended was then adopted. On motion of Mr. Hall, of Wetzel, the Convention adjourned. JOURNAL OF THE COXVENTION. 63 1 Saturday, February 23d, 1861. The Convention assembled at 12 o'clock, M. Prayer by the Rev. Mr. Nolley, of the Methodist Church. On motion of Mr. Montague the following resolution was adopted : Resolred, That the several railroad companies in this State be requested to report to the Convention as soon as practicable, the number of negroes cariied over their roads en route for any Southern States within the years 1855 to 1861, inclusive. On motion of Mr. Tredway, the following resolution, offered by him on the 7lh day of the session, was taken up and adopted: Resolved, That a select committee of five be appointed with instructions to in- quire and report as speedily as practicable, wiiether any movement of arms or men has been made by the General (Jovernment, to any fort or arsenal in, or border- ing upon Virginia, indicating a preparation for attack or coercion. Mr. Fisher submitted the following resolution, which Avas ordered to be referred to the Committee on Federal Relations. Resolved, That this Convention does not wish to inaugurate a National Conven- tion, and would not rely on such a body to allbrd redress for the grievances and ■wrongs of which the South complain, nor give such guarantees as would satisfy the people of this State that their honor and interest would obtain an effectual pro- tection from such a Convention; but, on the contrary, that the people of the South might reasonably apprehend that such a body would reorganize the judi- ciary system of the United States, and make the Judges elective by the whole people of tlic Union, as Mr. Seward has declared his party would do as soon as they acquired the power, and that such a body would make other innovations upon the now recognized rights of the minority section. Mr. WiiiTFiELn submitted the following resolutions, which were ordered to be referred to the Committee on Federal Rela- tions: Resolved, That the election of Abraham Lincoln to the Presidency of the United States, and the apprehensions entertained as to the policy of his administration, together with the withdrawal of the seceded States from the Union, having placed Virginia in great peril and embarrassment, the Convention should delibe- rate coolly and calmly upon the course she is to pursue for the future. Resolved, That if the Peace Congress should fail in its mission; or if the guar- antees which may be adopted by it, and assented to by this Convention, be not ratified within , by the people of the North, Virginia, cooperating with the border slave States, will unite with tlie seceded States, provided the latter have not incorporated in their Constitution provisions prejudicial to her interests. Resolved, That while we tender our warm sympathies to our Southern sisters, and feel embittered by the wrongs and injuries received from the North, this Convention should, nevertheless, look Ji?si to the interests of Virginia, and by conciliation and compromise pursue that course which will produce harmony and prevent discord among ourselves. Resolved, That in the judgment of this Convention, this Commonwealth should resist, with all her means, any attempt to coerce a seceded State. w 64 JOURNAL OF THE CONVENTION. Resolved, That if the force of events shall present the alternative to Virgfnia, of uniting either with the North or the South, in the opinion of this Convention her true position will be with the latter. Mr. Wilson submitted the following resolutions, wliicli \vere ordered to be referred to the Committee on Federal Relations: licsohcd, That we, the people of Virginia, in Convention assembled, do adhere ilh patriotie devotion to the Union of these Slates, ai:d Ihal we will do as long c3 the same can be perpetuated ccnsistertly with full security of all our constitu- tional rights, and the maintenance of the equality of all the Stales. Resolved, That it is inexpedient .ind improper for the General Government to increase its forces at tlic forts, arscnai-s ai:d deck yards within the limits of Vir- ginia, or to do any act looking to warlike prcparatio^is against this State. Mr. Sharp submitted the following resolutions, which were ordered to be referred to the Committee on Federal Relations: 1. Be it Resolved, as the sense of this body, That the Constitution of Govern- ment and the Union, founded and established by our forefathers, having been the silent, yet prolific source of prosperity, peace and happiness to all the [jeople of the United States, and of prosperity, peace and ha|)pitiehs, only, from its founda- tion to the present time, and will be for all time to come to our posterity, if we are but true to the great trust reposed in us, as freemen, should ii(>t be broken up and destroyed, except for grave and weighty causes of intolerable, oppressive and insuiferable grievances, and only then after all peaceful and constitutional means of redress have been tried and have failed. 2. Resolved, That without expressing an opinion as to whether or not a Slate has the constitutional right to secede from the I'nion, yet this body deprecatcB its exercise on the part of any State as an act of political suicide, that would aggravate, an hundred fold, every grievance complained of rather than remedy a single one. 3. Resolved, That though we believe that a povernnunt, without the constitu- tional right and power to enforce all its laws made in pursuance of the Constitution establishing it, and to hold all its property, every where, to the extent of its limits and jurisdiction, is wortliless and equivalent to just no government at all; yet we would deprecate an attempt on the part of the Federal Government to execute its laws in the seceding States, or to retake, by force, the forts and other property of said Government in the seceding Slates, thai have -been cap- tured by said States from said Government, as an act of policy, bad in its inevi- table results, — an act unmistakeably calculated to produce civil war and sec- tional strife — the direst calamity that could possibly befall a people. 4. Resolved, That whilst v.e v.ould deprecate, on the part of the Federal Go- vernment, any act, calculated, or intended to coerce the seceding Stales, or any of them, and to produce a state of civil war, and sectional strife; yet we would equally deprecate and condemn any attempt to take by force of arms, from the Federal Government, by tlie seceding States, or any of them, any f( rt, arsenal, navy yard, or other jiroperty, owned by, and in the possession of said Federal Government, as an act of war, on the lurt of said seceding State, or Stales, in which act said State, or States, would be the aggressor or aggressors, and that Virginia, under such circumstances would be under no obligation to, and would not assist or support such State, or States, in a war produced by such act. 5. Resolved, That the unhappy differences that now distract and divide the country, ought to be met in a spirit of fairness to all parties, and settled in the same spirit; and that in the opinion of this body, the Crittenden or Border State resolutions do present a basis of settlement that would be fair to all parties, and satisfactory to Virginia, and to the Border States of this Confederacy. On motion of Mr. Hall, of Lancaster and Northumberland, the Convention adjourned. JOURNAL OF THE CONVENTION. 65 Monday, February 25, 1861. *^rhe Convention assembled at 12 o'clock, M. Prayer by the Rev. Mr. Minnegerode, of the Episcopal Church. The President announced the following committee, under the resolution of Mr. Tredway, adopted on Saturday, the ele- venth day of the session: Messrs. Tredway, Bouldin, Pendle- ton, Wilson and Mallory, of Elizabeth City. Mr. Haymond submitted the Ibllowing resolution, which, on his motion, was laid upon the table, and ordered to be printed: 'Resolved, That the Constitution of this State should be amended, and that this Convention will amend the Constitution wherein it is necessary and proper that it should be amended, and will submit the same, as amended, to the voters of the State for their adoption or rejection. Mr. Hall, of Wetzel, submitted the following resolution, which, on motion of Mr. Chambliss, was laid upon the table: Resolved, That a committee of twentj^-one be appointed by the Chair, to be styled the Committee on the State Const'itution, and that they report to the Con- vention what amendments, if any, are necessary, at present, to be made to the present State Constitution. Mr. Chambliss presented a petition from Robert R. Collier, of the City of Petersburg, which, being read, Mr. Nelson moved that it be laid upon the table; and the question being put, was decided in the negative — yeas 18, nays 97. On motion of Mr. Chambliss, the vote was recorded as follows: The names of those who voted in the affirmative are: Messrs. Robert Y. Conrad, Messrs. Hngh M. Nelson, Jubal A. Early, Edmund Pendleton, James P. Holcombe, George \V. Randolph, J. G. HoUaday, George W. Richardson, John N.Hughes, Thomas Sitlington, John F. Lewis, Valentine W. Southall, Pan I McNeil , William White , WilUam H. Macfarland, WiUiams C. Wickham, Samuel McD. Moore, Samuel Woods — 18. The names of those who voted in the negative are: Messrs. John Janney, (Pres't) Messrs. Alpheus F. Haymond, Edw'd M. Armstrong, James W. Hoge, William B. Aston, Chester D. Hubbard, 9 66 JOURNAL OF THE CONVENTION. Messrs. John B. Baldwin, Alfred M. Barbour, George Baylor, George W. Berlin, Angus R. Blakey^ James Boisseau, Peter B. Borst, Wood Bouldin, Thomas Branch, George W. Brent, William G. Brown, John S. Burdett, James Burley, Benjamin W. Byrne, Frederick M. Cab all, John A. Ca^lpb^l[, William P. Cecil, John R. Chambliss, Manilius Chapman, Raphael M. Conn, C. B. Conrad, James H. Cox, John Critcher, W. H. B. Custis, Harvey Desk ins, William H. Diilany, John Echols, IViiers W. Fisher, Thomas S. Flournoy, William W. Forbes, Colbert C. Fngate, Samuel M. Garland, H. L. Gillespie, Samuel L. Graham, Robert E. Grant, Peyton Gravely, Algernon S. Gray, Fendall Gregory, Jr. William L. Goggin, John Goode, Jr. Thomas F. Goode, F. L. Hale, Addison Hall, Cyrus Hall, L. S. Hall, Allen C. Hammond, Messrs. George W. Hull, Lewis D. Isbell, Marmaduke Johnson, Robert C. Kent, John J. Kindred, Walter D. Leake, Charles K. Mallory, James B. Mallory, James Marshall, John L. Marye, Sr. Thomas Maslin, Henry H. Masters, Hi^ratio G. Moffett, Robert L. Montague, Edmund T. Morris, . Jeremiah Morton, William J. Neblett, Logan Osburn, William C. Parks, George McC. Porter, David Pugh, Timothy Rives, Peter Saunders, Sr. William C. Scott, John T. Seawell, John D. Sharp, James W. Sheffey, Charles R. Slaughter, Burwell Spurlock, Samuel G. Staples, Alex. H. H. Stuart, Chapman J. Stuart, James M. Strange, , William T. Sutherlin, Campbell Tarr, George P. Tayloe, William M. Tredway, Robert H. Turner, Franklin P. Turner, Edward Waller, Robert H. Whitfield, Waitman T. Willey, Samuel C. Williams, Benjamin Wilson, Benj. F.Wysor— 97. JOURNAL OF THE CONVENTION. 67 The petition was then, on motion of Mr. C ft a mb lis s, ordered to be referred to the Committee on Federal Relations. Mr. .ToiiNso.v from the Committee on Compensation of Offi- cers, presented the following report, which was read and adopted: The Committee on compensation of officers, respectfully recommend to the Convention, the adoption of the following resolution: Refiolred, Tliat tiie allowance to the ofilccrs of this Convention for their services dunnc; its scsion shall be, (o IhePresidenI, in addition to his mileage as a member of the Convention, eight dollars per day — to the Secretary, inclu- ding the pay for his assistants, one hundred dollars per week — to the Sergeant- at-Arms, thirty dollars per week — to each of the Door Keepers, twenty-eight dollars per week — and to each of the Pages, fourteen dollars per week — and that •Tohn D. Smith, for superintending and keeping in order the Mechanics' Institute, during the session of the Convention therein, and for the employment of servants to aid him in doing so, be allowed five dollars per day. Mr. Moore submitted the following resolutions: 1. Resolvei}, That the conduct of the so-called free States, in resisting the execution of the fugitive slave law — in refusing to give up criminals fleeing from justice — and in seeking to deprive the Southern Stales of any portion of the common territory of the nation, and of their citizens, in circulating incendiary Eamphlets among us — in furnishing arms to bands of assassins to invade our orders and murder our people, with other flagrant wrongs, is such as to require prompt reparation of the injuries inflicted, and justify Virginia in demanding, as she does demand, full and ample security that those wrongs shall not be repeated. 2. Rcsolred, That Virginia can never consent to become a member of any Con- federacy, by the Constitution of whicli, the reopening of the African slave trade is not prohibited. 3. Resolved, That Virginia will not become a member of any Confederacy the government of which, except under extraordinary circumstances, is to be sup- ported by direct taxation. 4. Resolved, That this Convention doth approve of the amendment to the Con- stitution of the United Slates proposed by the Crittenden resolutions ; and declare its readiness to accept the same as a satisfactory adjustment of existing controversies between the Northern and Southern States. 5. Resolved, That in the event of the amendments referred to, or other equivalent amendments to the Constitution of the United States, not beinc adopted, Virginia will be ready to enter into a compact with such States as will agree to adopt said amendments, by which the present government of the United States shall be declared to be dissolved, as to the States so agreeing, and that they will thenceforth constitute a new Confederacy under the Cuistitution so amended, from which all the Slates not so agreeing "shall be excluded. Pending the consideration of the above resolution, some dis- order occurred in the galleries, which were cleared by order of the Phesident. One of the oflenders being arrested by the Sergeant-at Arms, tn motion of Mr. Conrad, of Frederick, the person under arrest was discharged from custody. On motion of Mr. Goode, of Mecklenburg, the resolutions offered by Mr. Moore, were laid upon the table. Mr. BuRDETT submitted the fallowing resolution, which, on motion of Mr. Wickham, was laid upon the table: Resolved, That in view of the scene of disturbance that has just occurred to our deliberations, a committee be appointed to take into consideration tbe 68 JOURNAL OF THE CONVENTION. expediency of adjourning from this place to Staunton, or some other place, at which the sessions of this Convention can be held without being interrupted by outside pressure. On motion of Mr. Sheffey, the Convention adjourned. \i Tuesday, February 26; 1861. The Convention assembled at 12 o'clock, M. Prayer by the Rev. Mr. Minnegerode, of the Episcopal Church. On motion of Mr. Brown, of Preston, the following resolution was adopted : Resolved, That the Auditor of Public Accounts be requested to furnish to the Convention a statement showing the aggregate number of persons returned de- linquent by the Sheriffs of the different Counties of the Commonwealth, for the non-payment of taxes, for the year IbGO; also, the aggregate amount of taxes on such delinquent lists. On motion of Mr. Goggin, the resolutions submitted yester- day by Mr. Moore, were taken up, and pending their further consideration, On motion of Mr. Dorman, the Convention adjourned. Wednesday, February 27, 1861. The Convention assembled at 12 o'clock, M. Prayer by the Rev. Mr. Minnegerode, of the Episcopal Church. On motion of Mr. Hall, of Marion, ordered that the Journal of the 2Uth inst. be corrected by recording his name with those who voted in the affirmative upon the motion of Mr. Price to reconsider the vote by which the resolution, authorizing the contract with the proprietors of the Richmond Enquirer, was adopted. On motion of Mr. Conrad, of Frederick, the following reso- lution was adopted: Resolved, That the Clerk of the Committee on Federal Relations be allowed, as compensation for his services, at the rate of twenty-eight dollars per week. Mr. Wilson submitted the following resolution, which, on motion of Mr. Branch, was laid upon the table: Resolved, That the Auditor of Public Accounts be requested to report to this Convention whether any loss has been sustained to this State, from the manner JOURNAL OF THE COXVEXTION. 69 in which the Commissioners of the Board of Public Works have disposed of the bonds of the State; if so, what the loss is, of what it consisted, and when it occurred. And that he be also requested to report to this Convention the amount levied by each county of the State for the year 1860, for the compensation of justices of he peace Also, the amount paid to jurors for services rendered m the county courts from the State and county treasuries during the same period. Mr. Morris submitted the following resolution, which, on motion of Mr. Raymond, was laid upon the table: Resolved, That each member of this Convention be entitled to receive for dis- tribution one hundred copies of the daily proceedings of the body, instead of the number now provided for by the contract with the reporters of the Convention. The Prf:sident presented a communication from the Execu- tive of the Commonwealth, transmitting a report from the Adjutant General in response to a resolution of the Convention calling for information concerning the militia and volunteers of the State, &c., Av^hich, on motion of Mr. Fisher, was laid upon the table, and, whh the accompanying document, ordered to be printed. [Doc. VII.] The President presented a copy of the contract entered into with the proprietors of the Richmond Enquirer, under the reso- lution adopted by the Convention on the 20di instant; and ordered the same to be filed in the office of the Secretary of the Convention. • The resolutions submitted on ^londay last, by Mr. Moore being the unfinished business, M'ere taken up, and pending their further consideration, ^ r o On motion of Mr. Patrick, the Convention adjourned. Thursday, February 28, 1S61. The Convention assembled at 12 o'clock, M. Prayer by the Rev. Dr. Burrows of the Baptist Church. Mr. Richardson submitted the following resolution, which, on motion of Mr. Early, was laid upon the table: tbfoo/rf' T^""^ in furtherance of the resolution adopted by this Convention on the 20th inst., seeking information of the Governor regarding the militia the AdjutaiU General of the State be and he is hereby requested fo eommunicat'e to' howSy'T'^i /,''%'' /""'P^^'*''!''^'^'' "^ thorough report on the subject, how many, and what kmd of arms arc m the possession of the State undistributed and he number and kind of additional companies which can and will probably shortly be armed Also at what points, in his judgment, having due reference Lt. T^ ^^i^^'f^ ^^f d.flerent companies and to economy in time and money, the whole volunteer force of the State can be best asseinblcd in bodies suffi- ciently large to be instructed in battalion evolutions, in the evolutions of the 70 JOURNAL OF THE CONVENTIOlSr. line, in siege, garrison and camp duties, and all other duties incident to the re- spective arms of the service, and any otlier ipformation in his reach calculated to thrown light on tlie means necessary to put the Commonwealth in a complete state of preparation against attack. The resolutions submitted on Monday last by Mr. Moore, being the unfinished business, were taken up, and pending their fm'ther consideration, On motion of Mr. Early, the Convention adjourned. Friday, March 1, 1861. The Convention assembled at 12 o'clock, M. Mr. Tyler, the delegate from Charles City, James City and New Kent, appeared and took his seat. Prayer by the Rev. Dr. Burrows, of the Baptist Church. Mr. Garland submitted the following resolution, which was ordered to be referred to the Committee on Federal Relations: Resnhrd, That an Ordinance should be passed by this Convention, submitting to the qualified voters of this State, the question whether Virginia shall remain at- tached to the Nortliern Confederacy, or whether she shall secede and unite her destiny with tlie States of the Southern Confederacy. Mr. Fisher submitted the following resolution, which, on motion of Mr. Price, was laid upon the table: Resolved, That the Commissioners to the Peace Congress from this State, be requested to make their report to this Convention, in person, at their conve- nience. Mr. Echols submitted the following resolutions, which were ordered to be referred to the Committee on Federal Relations: 1. Resolved, That in the present political complications of our country, it is the duty of the Congress of the United States to recognize the separate and in- dependent nationality of the States that have united themselves under the name of the Confedtirate States of America. 2. Resolved, That concurrently with such recognition a treaty should be made between the two governments, which treaty should, among other things, provide for, first, the perpetual prohibition of the African Slave Trade, and second, the Free Navigation of the Mississippi iliver. Mr. BoissEAU submitted the following resolutions, which, were ordered to be referred to the Comnn'ttee on Federal Relations: 1. Resnlved, That the Union was formed by the voluntary co-partnership of the States, the equal and sovereign parties to the compact of Union, known as the Constitution; Itiat the Federal Government is the creature and comm ^n agent of the States, created by them for certain purposes specified in the Constitution, and having no powers except those delegated; that when the people of Virginia JOURNAL OF THE CONVENTION. 71 in Convention assembled, ratified t^e Constitution of the United States, they de- clared that the powej-s which tliej' thereby granted miu;ht be resumed by them whensoever tlic same should be perverted to their injury or oppression; and the people of Virginia, and not the Federal Government, are the judges of the ne- cessity which may compel them to resume those powers. 2. Resolved, That the occasion has now arisen which justifies the people of Vir- ginia in resuming the said powers, ancf when they resume the same, they will then, as a free and independent State, have full power to levy war, conclude peace, contract alliances, establish commerce, and to do all other acts and things which an independent Slate may of right do; and no Government or people on earth will have any right to collect revenue in any (brm or under any disguise or evasion on her soil, or to interfere in any way with her commerce; nor lo hold any forts, magazines, arsenals or dock yards in her limits; hut ihe State will ac- count with the United States for theirrights of property in the same, on just, fair and equity bl^ terms. Mr. DoRMAN submitted the following resolutions, which were ordered to be referred to the Committee on Federal Relations. 1. Resolved, That the Federal Union was made by the people of the several States, and can rightfully be dissolved, by the power alone that made it. 2. Resolved, That Virginia should use her best efforts to procure a direct vote of the .people of all the States, including those which have seceded from tlie Unio'n, »if)on the alternative proposition of disunion or adjustment on the basis of the Peace Conference proposition — and Ihat she will thereafter cooperate with such States as concur with her in the result of theu" votes. On motion of Mr. Hughes, the following resolution was adopted: Resolved, That a committee of three be appointed to confer with the editors of the Richmond Enquirer to ascertain whether the proceedings of this Convention could be published upon a separate sheet without any other matter. The President announced the following committee, in accord- ance with the foregoing resolution: Messrs. Hughes, Wickham and Richardson. Mr. BuRLEY presented the proceedings of a meeting held in Marshall County, Virginia, which were read, and on his motion, ordered to be referred to the Committee on Federal Relations: The President presented a statement from the Auditor of Public Accounts, in response to a resolution adopted on the 26th instant, showing the aggregate number of persons returned de- linquent by the sheriffs for the non-payment of taxes, etc. , which, on motion of Mr. Brown, was laid upon the table, and ordered to be printed. [Doc. No. VHI.] Mr. Wise presented the following communication, which was read, and on his motion, ordered to be entered on the Journal: Richmond, Va., February 28th, 18G1. Dear Sir, — Happening to be in the hall of the Convention on Monday last, when the alleged disturbance took place in the gallery, and being complicated in the matter, I deem it proper that 1 should ho put right. Permit me, therefore, to ask you to do me the favor, lo lay the facts before the Convention, so far as they relate to me. When the President gave the order to clear the gallery , I was standing quietly in the lower part of the hall, assigned to visitors by the Conven- 72 JOURNAL OF THE CONVENTIOK. tion, and remained there until tiie Sergeant-at-Arms had cleared the gallery, and the greater part of the apartment, where 1 was standing. When he approached me, I motioned him to stand off, and remarked in a distinct, respectful tone of voice, "Mr. President, this is not the gallery." Mr. Sheffey immediately sub- mitted a motion, that " it is necessary for the preservation of the dignity, and de- corum of this body, that scenes of this tdiaracter should be repressed, and there- fore, moved that the Sergeant-at-Arms do take the gentleman who made the dis- turbance into custody, and bring him to the bar of this body. " Then for the first time the President gave the order to clear the lobby. I trust my views of digni- ty and decorum, are not below the highest standard of the highest rank. But my views of truth, and honor, and justice, are deeper and stronger than any no- tion I may have about dignity. Being the " gentleman" referred to in the motion of Mr. Sheffey, it makes me the promoter of the disturbance, as it stands record- ed in Monday's proceedings, while in fact I had nothing to do with it, I did not par- ticipate in the applause, that caused the gallery to be clearetj^ in the slightest degree, though I heartily approved the sentiment, which was applauded. The statement that appears in the proceedings, that I left when the motion was made, is a mistake. I would have died on the spot, rather than leave before the matter was disposed of; and when I was taken before the Convention by the Sergeant- at-Arms, (whom I exempt from censure) I was discharged on the alleged ground that "it was the first case of disorder that had occurred," without the investiga- tion which the rule required, and which I had a right to demand, in view of the censure embodied in the resolution of Mr. Sheffey. Very truly, yours, FRANKLIN THOMAS. Hon. Henry Jl. Wise. Mr. Sheffey submitted the following resolution: Resolved, That the Commissioners of Virginia to the late Peace Conference at Washington be requested, at as early a period as may be agreeable to them after they shall have reported according to the provisions of the act of Assembly ap- pointing them, to explain severally before the Convention their views of the ac- tion of said Conference and of its result; and that Commissioners Hon. William C. Rives, Hon. John W. Brockenbrough and Hon. James A. Seddon, be invited by the President to occupy seats in this Convention. Mr. Price submitted the following amendment; by way of substitute: Resolved, That the President of this Convention be instructed to invite the Hon. William C. Rives, the Hon. James A. Seddon, the Hon. John Brocken- brough, and the Hon. John Robertson, to occupy seats upon this floor. The question, being on the adoption of the amendment, was put and determined in the affirmative — yeas 71, nays 50. On motion of Mr. Early, the vote was recorded as follows: The names of those who voted in the affirmative are — Messrs. John Janney, (Pres''t) Messrs. Chester D. Hubbard, William B. Aston, George W. Hull, John B. Baldwin, John J. Jackson, Alfred M. Barbour, Marmaduke Johnson, James Barbour, Peter C. Johnston, George Baylor, John F. Lewis, George W. Berlin, William McComas, JOURNAL OF THE CONTENTION. 73 Messrs. Caleb Boggess, Thomas 13 ranch, Wilham G. Brown, John S. Burdett, James liiirley, Benjamin W. Byrne, John A. Campbell, Allen T. Caperton, John A. Carter, Samuel A. Coffman, Robert Y. Conrad, James 11. Couch, James H. Cox, John Critcher, Marshall M. Dent, Harvey Deskins, James B. Dor man, William 11. Dulany, Jubal A. Early, Napoleon B. French, Colbert C. Fugate, H. L. Gillespie, Robert E. Grant, Peyton Gravely, Algernon S. Gray, Addison Hall, Ephraim B. Hall, Alpheus F. Haymond, James W. Hoge, Messrs. James C. McGrew, Paul McNeil, William H. Macfarland, Thomas Maslin, Henry H. Masters, Horatio G. Motictt, Samuel JMcD. Moore, Hugh M. Nelson, Spicer Patrick, George McC. Porter, Wm. Ballard Preston, Samuel Price, David Pugh, Peter Saunders, Sr. Robert E. Scott, William C. Scott, John D. Sharp, Thomas Sitlington, Valentine W. Southall, •Tohn M. Speed, Burwoll Spurlock, Alex. H. H. Stuart, Chapman J. Stuart, Campbell Tarr, George P. Tayloe, William White, Williams C. Wickham, W. T. Willey— 71. The names of those who voted in the negative are- Messrs. Edw'd M. Armstrong, Messrs. Lewis D. Lsbell George Blow, Jr. " ' - ' James Boisseau, Peter B. Borst, Wood Bouldin, Frederick M. Cabell, William P. Cecil, 10 John R. Chambliss, Manilius Chapman, Raphael M. Conn, C. B. Conrad, Richard H. Cox, Miers W. Fisher, Samuel M. Garland, Samuel L. Graham, Fendall Gregory, Jr. Robert C. Kent, John R. Kilby, John J. Kindred, James Lawson, Walter D. Leake, James B. Mallory, John Q. Marr, Robert L, Montague, Edmund T. IMorris, Jeremiah Morton, William J. Neblett, George W. Randol])h, George W. Richardson, John T. Seawcli, James W. Sheffey, 74 JOURXAL OF THE COVEXTIOjVT. Messrs. William L. Goggin^ John Goode, Jr. Thomas F. Goodej F. L. Hale, Cyrns Hall, L. S. Hall, Lewis E. Harvie, James P. Holcombej Eppa Huntoii, Messrs. James M. Strange^ John T. Thornton^ Robert H. Turner, Franklin P. Turner, John Tyler, Samuel C. Williams, Benjamin Wilson, Henry A. Wise, Samuel Woods — 50. The resolution as amended was then adopted. The resolutions submitted by Mr. Moore, on Monday last, being the unfinished business, were taken up, and pending their further consideration. On motion of Mr. Hall, of Marion, the Convention ad- journed. Saturday, March 2, 18G1. The Convention assembled at 12 o'clock, M. Prayer by the Rev. Dr. Burrows, of the Baptist Church. Mr. Turner, of Jackson, submitted the following resolutions, which, on his motion, were laid upon the table: 1. Resolfcd, That it is expedient and proper that the 23d section of the 4th article of the Constitution of this State shall be so modi.fied, that slaves, like otlicr property, shall be taxed without exemption, and according to value, and tliat no exemption of any property from taxation shall be had without the vote of a majority of all the members elected to each house of the General Assembly. 2. Jicsolved, That a committee, to consist of thirteen members, to be selected from the cliflcrent sections of the State, be appointed, who shall report to this Convention such amendments to the Constitution of the State as will effect the object indicated in tlie foregoing resolution. Mr. WicKHAM submitted the following resolution: Bcaclvcd, That a committee of five be appointed by the President of the Con- vention to whom shall be referred the contract between the said President and the proprietors of the Richmond Knquirer in regard to the publication of the de- bates of the Convention. The said committee shall have power to send for per- sons and papers, and shall make report to this Convention. Mr. Fisher moved to lay the resolution on the table, and the question being put, was decided in the negative — yeas 30, nays 62. JOURNAL OF THE CONVENTIOI^'. 15 On motion of Mr. Burdett, the vote was recorded as follows: The names of those who voted in the affirmative are- Messrs. James Boissean, John R. Chambh'ss, Raphael M. Conn, Richard H. Cox, Miers W. Fisher, Wilham W. Forbes, Samuel M. Garland, Samuel L. Graham, John Goode, Jr. Thomas F. Goode, F. L. Hale, L. S.Hall, LeAvis E. Harvie, Eppa Hunton, Lewis D. Isbell, Messrs. Robert C. Kent, John J. Kindred, John Q. Marr, Horatio G. Moffett, Robert L. Montague, Jeremiah JMorton, William J. Neblett, George W. Randolph, George W. Richardson, James W. ShcfFey, John T. Thornton, William M. Tredway, Robert H. Turner, Franklin P. Turner, Benjamin Wilson— 30. The names of those who voted in tlie negative are- Messrs. William B. Aston, George Baylor, George W. Berlin, Caleb Boggess, Wood Bouldin, Thomas Branch, John S. Burdett, James Burley, Benj. W. Byrne, John A. Campbell, John A. Carter, James H. Couch, James H. Cox, W. H. B. Custis, Harvey Deskins, James B. Dorman, Jubal A. Early, Colbert C. Fugate, H. L. Gillespie, Robert E. Grant, Peyton Gravely, William L. Goggin, Addison Hall, Cyrus Hall, E. B. Hall, Alpheus F. Haymond, Messrs. John R. Kilby, James Lawson, James C. McGrew, Paul McNeil, James B. Mai lory, J^mes Marshall, John L. Marye, Sr. Thomas Ma?lin, Henry H. Masters, Hugli M. Nelson, Logan Osburn, Spicer Patrick, Edmund Pendleton, George McC. Porter, Samuel Price, Timothy Rives, Peter Saunders, Sr. William C. Scott, John D. Sharp, Thomas Sitlington, John M. Speed, Burwell Spurlock, Alex. H. H. Stuart, • Chapman J. Stuart, George W. Summers, Campbell Tarr, Y6 JOURNAL OF THE CONVENTION. Messrs. James W. Hoge, Messrs. George P. Tayloe, Chester D. Hubbard^ William White, George W. Hull," Williams C. Wickham, John J. Jackson, Samuel Woods, Marmaduke Johnson, Benj'n F. Wysor — 62. Mr. Haymond presented depositions, papers, etc., connected with the contested election from the County of Lee, which, on his motion, were ordered to be referred to the Committee of Elections, Mr. GooDE, of Bedford, submitted the following preamble and resolution, which were ordered to be referred to the Committee on Federal Relations: Whereas, the people of Virginia, in Convention assembled, did declare and make known, when they assented to and ratified the Constitution of the United States, on the 25th of June, 1788, that the powers granted under the said Consti- tution might be resumed whenever the same should be perverted to their injury or oppression; and whereas, the said powers have been perverted to tlie injury and oppression of the people of Virginia; and whereas, the very moderate and reasonable demands, known as the Crittenden propositions, vvith|certain essential modifications, which were presented by the General Assembly of this Common- wealth as a. final ellbrt to restore the integrity of the Union, have been delibe- rately rejected by our Northern confederates, Resolved, That every consideration of duty, interest, honor and patriotism re- quires that an Ordinance should now be adopted by this Convention, and submit- ted to the people for ratification, by which Virginia shall resume all the powers delegated hy her to the Federal Government, and declare her connexion with that Government dissolved. Mr. Fisher submitted the following resolutions, which were ordered to be referred \o the Committee on Federal Relations : 1. Resolved, That, in the opinion of this Convention, any attempt on the part of tiie Federal Government to collect revenue on goods in transit to any port or ports in any of the Slates which have wiilidrawn from the Confederacy of the United States of America, or any attempt to take the lorts, arsenals, dock yards, or munitions of war in possession of any of the said States that have withdrawn from the Federal Union, would be the initiation of civil war, and that this Com- monwealth will not be an indifferent spectator in such war, but will take part in tlie same to the full extent of her military ability in behalf of her Southern slaveholding sisters that have seceded from the Federal Union. 2. Resolved, further, in the cplnicn (f this Convention , That it is the duty of the Federal Government , at the earliest practicable moment, to enter into negotiation with tlie authorities of the Southern Confederacy for the transfer of Fort Sump- ter and Fort Pickens to said Confederacy, and for an equitable division of tlie public property and public burdens of the United States of America, at the time of the withdraw;:! of the States of the said Southern Confederacy from the union between them. The resolutions submitted on Monday last, by jMr. Moore, being the unfinished business, were taken up, and pending their further jconsideration, On motion of Mr. Tredway, the Convention adjourned. JOURNAL OF THE CONVENTION. 77 Monday, March A, 1861. The Convention assembled at 12 o'clock, M. Prayer by the Rev. Dr. Read, of the Presbyterian Church. Mr. Brown submitted the following resolution, which, on his motion, was laid upon the table: Resolved, That the Hon. Robert M. T. Hunter and the Hon. James M. Mason failed to reflect the opinions and wishes of the people of Virginia in their recent opposition in the Senate of the United States, to a reference of the report of the Peace Conference to the consideration of the States of this Confederacy, with a view of having the amendments proposed in said report adopted, as part of the Constitution of the United States. Mr. Chambliss submitted the following preamble and resolu- tions, which were ordered to be referred to the Committee on Federal Relations : Whereas, in the controversies with the mother coimtry, growing out of the ef- forts of the latter to tax the colonies without their consent, it was Virginia, who by the resolutions against the stamp act, gave the example of the first auliiorita- tive resistance, by a legislative hoiiy, to the British government, and so imparted the first impulse to the revolution. Virginia declared her independence before any of the colonies, and gave the first written constitution to mankind. By her instructions her representatives in the general congress introduced a resolution to declare the colonies independent States; and the declaration itself was written by one of her sons. She furnislicd to the confederate States the father of his country, under whose guidance independence was achieved, and the rights and liberties of each State, it was hoped, perpetually established. She stood undismayed through the long night of the revolution, breasting the storm of war, and pouring out the blood of her sons like water on almost every battle field, from the ramparts of Quebec to the sands of Georgia. By her own unaided cfibrts the Northwestern territory was conquered, whereby the Mississippi, instead of the Ohio river, was recognized as the boundary of the United States, by the treaty of peace. To secure harmony, and as an evidence of her estimate of the value of the union of the States, she ceded to all, for their common benefit, this magnificent region — an empire in itself. Wiien the articles of confederation were shown to be inadequate to secure peace and tranquility at home and respect abroad, Virginia first moved to bring about a more perfect miion. At her instance the first assemblage of commissioners took ^Jace at Annapo- lis, which ultimately led to the meeting of the convention which formed the pre- sent Constitution. This instrument itself was in a great measure the production of one of her sons, who has been justly styled the Father of the Constitution. The government created by it was put into operation with her Washington, the Father of his country, at its head — her Jefferson, the author of the declaration of independence, in his cabinet — her Madison, the great advocate of the Consti- tution, in the legislative hall. Under the leading of Virginia statesmen the revolution of 1798 was brought about; Louisiana was acquired; and the second war of independence was waged. Throughout the whole progress of the republic she has never infringed on the rights of any State, or asked, or received an exclusive benefit. On the contrary, she has l)een the first to vindicate the equality of all the States, the smallest as well as the greatest. T8 JOURNAL OF THE CONVENTION. Bui claiming no exclusive benefit for her efforts and sacrifices in the common cause, she had a right to look for feelings of fraternity and kindness for her citi- zens, from the citizens of other States, and equality of rights for her citizens, with all others; that those for whom she had done so much, would abstain from actual aggressions upon her soil, or if they could not be prevented, would show themselves ready and prompt in punishing the aggressors; and that the common government; to the promotion of which she contributed so largely for the pur- pose of "establishing justice and insuring domestic tranquillity," would not, whilst the forms of the Constitution were observed, be so perverted in spirit as to inflict wrong and injustice, and produce universal iiisecurity. These reasonable expectations have been grievously disappointed. Owing to a spirit of pharasaical fanaticism prevailing in the North in reference to the institution of slavery, incited by foreign emissaries, and fostered by cor- rupt political demagogues in search of power and place, a feeling has been aroused between the people of the two sections of what was once a common country, which of itself would almost preclude the administration of a united government in harmony. For the kindly feelings of a kindred people, we find substituted distrust, suspi- cion and mutual aversion. For a common pride in the name of American, we find one section even in foreign lands pursuing the other with revilings and reproach. For the religion of a Divine Redeemer of all, we find a religion of hate against a part. And in all the private relations of life, instead of fraternal regard, a "con- suming hate," which has but seldom characterized warring nations. This feeling has prompted a hostile incursion upon our own soil, and an apo- theosis of the murderers, who were justly condemned and executed. It has shown itself in the legislative halls, by the passage of laws to obstruct a law of Congress, passed in pursuance of a plain provision of the Constitution. It has been manifested by the industrious circulation of incendiary publica- tions, sanctioned by leading men, occupying the highest stations in the gift of the people, to produce discord and division in our midst, and incite to midnight mur- der, and every Imaginable atrocity against an unoffending community. It has displayed itself in a persistent denial of the equal rights of the citizens of each State to settle with iheir property in the common territory acquired by the blood and treasure of all. It is shown in their openly avowed determination to circumscribe the institu- tion of slavery within the territory of the States now recognizing it, the inevita- ble efiect of wliich would be to fill the present slaveholding States with an ever increasing negro population, resulting in the banishment of our own non-slave- holding population in the first instance, and the eventual surrender of our coun- try to a barbarous race, or what seems to be desired, an amalgamation with the African. And it has at last culminated in the election, by a sectional majority of the free States alone, to the first office in the republic, of the author of the senti- ment, that there is an "irrepressible conflict" between free and slave labor, and that there must be universal freedom or universal slavery — a sentiment which inculcates, as a necessity of our situation, warfare between the two sections of our country, wimout cessation or intermission, until the m eaker is reduced to subjection. In view of this state of things, we are not inclined to rebuke or censure the people of any of our sister States in the South, suffering from injury, goaded by insults, and threatened with such outrages and wrongs, for their bold determina- tion to relieve themselves from injustice and oppression, by resorting to their ultimate and sovereign right to dissolve the compact which they had formed, and to provide new guards for their future security. Nor have we any doubt of the right of any State, there being no common um- pire between coequal sovereign States, to judge for itself, on its own responsi- bility, as to the mode and measure of redress. The States, each for itself, exercise this sovereign power when they dissolved their connection with the British empire. They exercised the same power when nine of the States seceded from the con- JOUEXAL OF THE CONVENTION. 79 federation, and adopted the present Constitution, though two States at first re- jected it. The articles of confederation stipulated that those articles should be inviolably observed by every State, and that the Union should be perpetual, and that no al- teration should be made, unless agreed to by Congress, and confirmed by every State. Notwithstanding this solemn compact, a portion of the States did, without the consent of the others, form a new compact; and there is nothing to show, or by which it can be shown, that this right has been, or can be diminished, so long as the States continue sovereign. The confederation was assented to by the legislature for each State. The Constitution, by the people of each State, for such State alone. One is as binding as tlie other, and no more so. The constitution, it is true, established a government, and it operates directly on the individual — the confederation was a league operatirg primarily on the States. J5ut each was adopted by the State for itself— in the one case, bv the Legislature, acting for the State— in the other, " by the people, not as individuals composing one nation, but as composing the distinct and independent States to which they respectively belong." The foundation, therefore, on which it was established, was federal, and Ihe State, in the exercise of the same sovereign authority by which she ratified for herself, may for herself abrogate and annul. The operation of its powers, whilst thb State remains in the confederacy, is national; and consequently, a State remaining in the confederacy and enjoying its benefits, cannot, by any mode of procedure, withdraw its citizens from the obligation to obey the Constitution, and the laws passed in pursuance thereof. . But when a State does secede, the Constitution and laws of the United States cease to operate therein. No power is conferred on Congress to enforce them. Such authority was denied to the Congress, in the Convention which framed the Constitution, because it would be an act of war of nation against nation— not the exercise of the legitimate power of a government to enforce its laws on those subject to its jurisdiction. • The assumption of such a power would be the assertion of a prerogative claimed by the British government, to legislate for the colonics in all eases what- ever. It would constitute of itself a dangerous attack on the rights of the States, and should be promptly repelled. These principles, resulting from the nature of our system of confederate States, cannot admit of question in Virginia. Our people in Convention, by thier act of ratification, declared and made known that the powers granted under the Constitution, being derived from the psople of tiie United States, may be resumed by them whenever they shall be perverted to their injury and oppression. From what people were these powers derived .' Confessedly, from the people of each State acting for themselves. By whom were they to be resumed or taken back? By the people of tiie State Avho were then granting them away. Who were to determine whether the powers granted had "been perverted to their in- jury or oppression? Not the whole people of the United States, for there could be no oppression of the wliole with their own consent; and it could not have en- tered into the conception of the Convention that the powers granted could not be resumed until the oppressor himself united in such resumption. They asserted the right to resume, in order to guard the people of Virginia, for whom alone the Convention could act, against tlie oppression of an irresponsible and sectional majority— the worst form of oppression with which an angry Provi- dence has ever aHlicted humanity. Whilst, therefore, we regret that any State should, in a matter of common grievance, have determined to act for lierself, without consulting with her sister States equally aggrieved, we are nevertheless constrained to say that the occasion justifies and loudly calls for action of some kind. The election of a President, by a sectional majority, as the representative of the principles referred to, clothed with the jiatronage and power incident to the ol!iee, including the autliority to appoint all the postmasters and other officers charged with the execution of the laws of the United States, is itself a standing menace to the South — a direct assault upon her institutions — an incentive to rob- 80 JOURNAL OF THE CONVEKTIOK. bery and insurrection — requiring from our own imraediate local government, in its sovereign character, prompt action to obtain additional guarantees for equal- ity and security in the Union, or to take measures for protection and security without it. And the Conference lately held in Washington City having failed to accom- plish, to the satisfaction of this Convention, the objects of its mission: Therefore, this Convention declares — 1st. That the compromise agreed upon by the majority of the Conference at Washington fails to give assurance of that equitable, satisfactory, just and final settlement of the slavery controversy which the slaveholding States have the right to demand. 2d. That the dignity and honor of Virginia forbid that she should offer any other propositions for adjusting the pending difficulties between the North and the South. 3d. That the time has come when Virginia should resume her sovereignty, withdraw from the Federal Compact, and adopt, in concert with the other Southern States, or alone, such measures as may seem most expedient to protect the rights and insure the safety of her citizens. Mr. Mallory, of Brunswick, submitted the following resolu- tion, which was ordered to be referred to the Committee on Fe- deral Relations: Resolved, That the States of Virginia, North Carolina, Tennessee, Kentucky, •Missouri, Maryland and Delaware, ought to meet in convention, with a view to concerted and united action, to determine where they will go — whether with the North or the South — or whether they will establish a central confederacy. The President announced the following committee, in ac- cordance with the resolution submitted by Mr. Wickham, on Saturday, the 2d inst. : Messrs. Wickham, Richardson, Hughes, Staples and Dent. Mr. GooDE, of Bedford, submitted the following resolution: Rf.sohed, That ten thousand copies of the addresses delivered before this body, by the Hon. Fulton Anderson, Commissioner from Mississippi, the Hon. Henry L. Benning, Commissioner from Georgia, and the Hon. John S. Preston, Com- missioner from South Carolina be printed and distributed equally among the membei's of this Convention for circulation among the people of this State. Mr. Hall, of Marion, moved to lay the resolution upon the table; and the question being put, was decided in the affirma- tive — yeas 65, nays 43. On motion of Mr. Goode, of Bedford, the vote was recorded as follows: The names of those who voted in the affirmative are — Messrs. John Janney, (Finest.) Messrs. John R. Kilby, William B. Aston, John F. Lewis, John B, Baldwin, William McComas, Alfred M. Barbour, James C. McGrew, George Baylor, James B . Mallory, George W. Berlin^ James Marshall, Caleb Boggess, Thomas Maslin, JOUKN'AL OF THE CONVEIS^TION. 81 3Ies?rs. Thomas Branch, William G. Brown, John S. Burdett, James Bnrley, Allen T. Caperton, John S. Carlilc, John A. Carter, Samuel A. Coffman, C. B. Conlbd, James H. Couch, W. H. B. Custis, Marshall M. Dent, Harvey Deskins, James B. Dorman, Jubal A. Earl}^, Colbert C. Fugate, H. L. Gillespie, Peyton Gravely, Algernon S. Gray, Addison Hall, Ephraim B. Hall, James W. Hogc, Chester I). Hubbard, John N. Hughes, George W. Hull, John J. Jackson, Messrs. Henr^^ H. ^Masters, Horatio G. MolTett, Samuel McD. Moore, Hugh M. Nelson, Logan Osburn, Spicer Patrick, Edmund Pendleton, George McC. Porter, Samuel Price, David Pugh, Timothy Riv^es, Peter Saunders, Sr. John D. Sharp, Thomas Sitlington, Jiurwell Spurlock, Alex. H. H. Stuart, Chapman J. Stuart, George \V. Summers. Campbell Tarr, George P. Tayloe, AVilliam M. Tredway William White, ^Vaitman T. Willcy, Benjamin Wilson, Benj. P\ Wysor — 65. The names of those who voted in the ncsfative are — Messrs. "William M. Ambler, Edward M. Armstrong. James Boisseau, Peter B. Borst, Wood Bouldin, John A. Campbell, John R. Chambliss, Raphael M. Conn, Richard H. Cox, John Echols, William W. Forbes, Napoleon B. French, Samuel L. Graham, Robert E. Grant, William L. Goggin, John Goode, Jr. Thomas F. Goode, Cyrus Hall, 11 .Messrs. Mannaduke Johnson. Robert C. Kent, John J. Kindred, James Lawson, Walter D. Leake, Paul McNeil, John Q,. Marr, John L. Marye, Sr. Robert L. Montague, Edmund T. Morris, Jeremiah iMorton, William J. Neblett, George W. Randolph. George W. Richardson, .lames W. ShefFey, John ]M. Speed, Samuel G. Staples, John T.Thornton, 82 JOURNAL OF THE CONVENTION. Messrs. Tiewis E. Harvie, Messrs. Franklin P. Turner, Alpheus F. Haymond, Williams C. Wickham, Eppa Hunton, Samuel Woods — 43. Lewis D. Isbell, Subsequendy, on motion of Mr. Branch, the resolution was taken up and amended by striking out the words ^^ten thou- sand." The question being on filling the blank inj.the resolution, Mr. MoKTON moved that the words "nine thousand" be in- serted . Mr. Morris moved that the words "five thousand" be in- serted. Mr. BRA>-cn moved that the words "three thousand and Ibrty" be inserted. Mr. Early moved that the words " the usual number of" be inserted. The motion submitted by Mr. Branch was agreed to, and the resolution, as amended, adopted. Tiie resolutions submitted by Mr. Moore, on Monday'last, being the inifitiished business, were then taken up, and pending their further consideration, On motion of Mr. Echols, the Convention adjourned. 1 .toi"i;nal of the convention. 83 '7 Tuesday, March 5, 1861. The Cniiventioii assembled at 12 o'clock, M. Mr. Flkmi.\(; H. Millkr, a delegate tVoiii the counties of Bote- tourt and Craig, aj)peared and took his seal. Prayer by the Rev. Dr. Rkad, of the Presbyterian Church. The resolutions offered by Mr. Moore, on the 25th nit., were orden^d to be referred to tiie Committee on Federal Relations. Mr. Cox, of Chesterfield, submitted the following resolution: ^ Jirsnlrrd, That llie Committee on Federal Relations be instrueted to report witliovit delay, a plan lor a Convention of all the horder slave States at the ear- liest practicable day; also to report on tlic subject of coercion by the f^ederal Government of the seceded States. Mr. Leake moved to amend by striking out all after the word "Resolved," and inserting the following: That the Committee on Federal Relations he instructed to bring in an or- dinance settinp; forth the followiiii: facts and determinations of Virginia in con- nection with the present threatening aspect of public aHairs: That as Virginia was the foremost to make sacrifices for the Union under the Constitution, so, to preserve it, she has practised the greatest self-denials: never seeking or receiving an exclusive benefit, she has never infringed the rights of any State or section: zealous of the integrity of the Constitution, and the equality of the States, she has lived up to the obligations imposed upon lier by the Federal compact That on the other hand, the Norllicrn sei-tion has disregarded many of its obligations, and attempted to set aside some of the comi)romises made between the two great sections of the Confederacy, without which no union could ever have been formed; hatred has bten substituted for that fraternity upon which these com- promises rested for vitality; and power is claimed for a sectional majority utterly at war with the spirit and letter of the compact, and subversive of our safety, our well-being and our rights. E(pjality of rights in the enjoyment of the common property is denied us, aggressions are made upon our soil, the powers of a common government are claimed as the lawful means for our oppression, and the hedging in our rights. All this opposition to our civilization, all this hatred of our domestic institutions, and all this enmity to our peace, ai'e banded together in the formation and u|)liolding of a great sectional party, that lias elected a President upon the principle of avowed hostility to the institutions ol the South, and upon the pledge to use the powers of tlie Government for their ultimate extinguishment, forgetful that the l^nion was formed for " establishing ju^tlce and ensuring domestic tranquility." These violations of the integrity of the compact, have given rise to other great evils now impending over us, which menace the first principles, the very foundations of free institutions, and which threaten the overtlirow of the rights of sovereign States. They have given rise to the claim of right upon the part of sovereign States in one section to coerce sovereign Stales of another section into a union to wliich they will not assent,^ and toihe as-^ertion of the doctrine tliat resistance to violatioiis of the terms oi our federal compact is treason to the claims of a sectional majority; and which have led to the armed occupation of the seat of (he common (Jovernment by an armed force with friendly purposes towards the one section, with hostile feelings towards the other; and which, too, have led the authorities at WashingtA)n to make the fortresses of Virginia to frown upon her while she was showing a de- termination to exhaust all the resources of conciliation and compromise. These outrages of a sectional majoritv have broken the Constitution, driven seven 84 JOURNAL OF THE CONVENTION. Slates out of the Union, dissolved the Union of our fathers, and is now substi- tuting another Union in its place. Virginia is no party to any such new Union; and she demands a re-construction to secure her and the whole South from any future outrage. In tiiis re-construction she ought to stand with the South in the assertion of her rights, and she ought to occupy no position in connection witii the Norlh, in the state of things brought about by Northern aggressions, which would cripple her power for lier own defence, and prevent her from aiding in maintain- ing the rights and the equality of all the States. And that the said cnnimittLe especially set forth the fact, that in consequence of the secession of Soulliern States, and tiie hopeless condition of New England fiinalicism, the blind hate of Black Republicanism, and the coercive policy indicated by the President of a dis- membered Union, there is no hope of an amendment of the Constitution tliat can be satisfactory to Virginia, in the constitutional way, and that the only mode, in the circumstances which now surround us, to secure any I'nion in which the rights of Virginia would lie safe and protected, is for Virginia to reassume all the powers she delegated to the Federal Govenunent, and to dechire her independence; and then to call into a Convention all the slaveholding Stales, to determine what shall be the new construction necessary for their rights and protection in a Cou- fcderaey of slave States alone, or of the slave States and such free States as are willing to come into a Union under this new construction, with the slave States. Mr. IIarvik moved to ainend the amendmoiit by striking out all after tlie word " instructed," and inserting the lollowing — " to re})ort I'ortliwith the following:" Whereas, it is now plain that it is the purjiose of the Chief Executive of the United States to plunge the country into civil war by u-ing the power "to hold, occupy and possess the property and places belonging to the government, and to collect the duties on imports,'"' in all the States, as well those that have with- drawn from as those that have remained in the Union; and whereas, the Slate of Virginia will resist such exercise of power with all her means; therefore. Be it resolved, Tiiat the Legislature of the State be ruauested to make all need- ful appropriations of means and provide the necessary f>>rces to resist and repel any attempt on the part of the Federal authorities to "hold, occupy and possess the property and places" of the United Slates in any of the Stalls that have withdrawn or may withdraw from the Union, or to collect the duties on imports," in the same. Pending the consideration of the amendment submitted by Mr. Hahvie, On motion of Mr. Eahlv, tlie Convention adjourned. .IOUi:NAL OK lUh: CONVENTION. 8'> Wedxesday, Marcli 6, 1861. The Convention assembled at 12 o'clock, M. Prayer hy the Rev. Dr. Hoge, of ihe Presbyterian Church. Mr. OsKURX submitted the following preamble and resolutions, whicii were ordered to be referred to the Couniiittee on Federal Relations: Whereas, the Government of the United States having been created and esta- hlishf'd, (or the purpose of forming a more perfect Union (than existed nnder the articles of confederation) and adopted by all of the original States, with ample provisions for amendments to the same; but without any for its disintegration; Therefore, 1 Resnlred, That a resort to State secession, or a resumption of the original rights of the States by an ordinance of secession, is not only unauthorized by the letter and spirit of the Constitution ; but is contrary to, and subversive of the fundamental principles upon whicli it was founded; wholly at variance with the Jegitimate objects of its creation, and can only be justified as a revolutionary means of obtainm^ redress, when every peaceable, honorable and constitutiona- ble expedient has been exhausted and failed. 2. Itesolved, That an ordinance of secession cannot restore to the seceding State its oricjinal sovereigtily, unlil its secession has been assented to by a con- vention of the remaining States, called for the purpose thereof. 3. Res^olved, That with a ^ iew of preserving peace and to prevent the collision of arms and effusion of blood, it would be both politic and wise to waive the tm- quesdonable right on the part of the General Government to collect the revenue, Sind protect \hc pithlic prnperhj w\lh\n the limits of the seceding State, or Estates, during the adjustment of the pending diflliculties, holding them severally respon- sible for the safety of the same, and to either repeal or suspend the laws of the Federal Government therein until their independence may be assented to and their rights duly acknowledged. 4. lie$nh-ed, That the preservation of this Government cannot be maintained by force or coercion: that, therefore, this Convention earnestly recommends to both the Federal Government, and the Government of the seceded States, to carefully abstain from any aggressive measures or policy towards the other. Mr. GoGGix submitted the following resolutions, which were ordered to be referred to the Committee on Federal Relations : 1. Rewlved, That any attempt on the part of the General Government to use coercive measures for the collection of revenue from imports at or near any of the ports within the States whicli have seceded, will be regarded by Virginia as furnishing just cause of apprehension of danger to the whole South, Virginia inclusive. 2. Resolved, That in the event aforesaid, Virginia however sincere may be her attachment to the Union as it was, will deem it her duty to aid in repelling any such attempt. 3. Resoli^ed, That in the hope of restoring harmony to all parts of the Union, and before determining to secede from it, but especially in order to secure the cooperation of the Border Slave Stales in any course she may pursue, the State of Virginia earnestly requests the speedy cooperation of the said States in effecting with her a plan by which she, with all the said States, may unite them- selves with the Confederate States of the South. 4 Resolved, That in the formation of such a Union, Virginia would have a due regard to all the States, and that in such Union she should still cherish the hope 8G JOURNAL OF THE CONVENTION. of reforming '*the United States of America," upon the basis of the present Constitution so modified as to protect the rights of persons, property, and terri- tory in all time. 5. Resohed, That all fortified or other places in Virginia now, belonging to the General Govcinment, in the event of the separation of said State Irom the Union, may and ought to be resumed by her ;is necessary for the defence of her c itizens and their property in particular " localities," a^ well as for purposes of general defence. 6. Resolved, That while Virginia maintains this position, and while she yet re- mains a member of the Union, during her deliberations, she will assume no hos- tile attitude to the General Govertimenl, but will be prepared at all times to repel any assaults which may be made upon her. Mr. Gkant submitted tlie following resolutions, which were ordered to be referred to the Committee on Federal llelaiions: 1. Resolved, That we the people of Virginia, in Convention assembled, deeply regret the condition in which our country is placed, imperiling as it docs, the peace, pro-perity and perpetuity of one of tlie noblest governments ever adopted by man. 2. Resolved, That Virginia has ever been inclined to a peaceful and amicable adjustment of the difliculties that have so long ni«nacrd and threatened the de- struction of our institutions, and has ever exerted her power and influence to that end. But notwithstanding all her efforts, the future is still dark and portentous, scarcely a ray of hope illumines it. 3. Resolved, That from llie tone and temper of the Inaugural Address of the re- cently inaugurated President, (.\braham Lincoln) that he, in that address, de- clares his right to coerce the seceded States, ar.d makes it a matter of policy, subject only to his discretion, whether he will attempt it or not. 4. Resolved, That we, the people of Virginia, in Convention assembled, in the event that any attempt is made to coerce any of our sister States of the South, that Virginia will not submit to any such attempt, but will make common cause with tliem, and resist coercion with all her power, to the last extremity. 5. Resulred, That the honor, institutions, and interests of Virginia are closely allied and identified with those of all the Southern States; but more directly at this time with the border slave Stales, and in view of effecting united action on the part of said States, and of ultimate union of the whole South; we the people of X'irginia, through our representatives in Convention assembled, doth earnestly request the States of Delaware, Maryland, North Carolina, Teimessec, Kentucky, Missouri, and Arkansas, to meet the Commissioners which shall be appointed by Virginia, in the city of Knoxville, by the day of to advise and consult what is best to be done under existing circumstances, and let the re- sult of their deliberations be referred, for ratification, either to Conventions of the several States, or the Legislatures thereof; and that this Convention proceed to appoint Commissioners on the part of Virginia, and take the necessary steps to secure the cooperation of the aforesaid States in the proposed Conference. Mr. Havmond presented a supplementary report from the Committee of Elections, concerning the vote on the qnestion of referring the action of the Convention, &c., to the people. — [Doc. No. IX.] Mr. The D WAY presented a report from the Committee ap- pointed under the resolution adopted on the 23d ult., '^ to inquire Mdiether any movement of arms or men has been made by the General Government to any fovt or arsenal in or bordering upon Virginia," (fcc; and moved that the report and accompanying letter, from the Secretary of War, be laid upon the table, and printed. [Doc. No. X.] JOURNAL OF THE CONVENTION. 87 Mr. Early moved that ten thousand copies of the report be printed for distribution; and the question being put, was decided in the negative. The motion submitted by ]Mr, Tredway was then agreed to. The PuKsiDRXT pn^sented a connnunication from the Execu- tive ol' the Common weahh, transmitting a report from the Com- missioners appointed to represent this Commonwealtii in the Conference which convened in Washington City, on the 4th day of February, 1801 ; which, on motion of Mr. Summers, was laid upon the table, and ordered to be printed. [Doc. No. XL] Mr. SuMMKRS presented a communication from the Hon. John W. Brockenbrough, one of said Commissioners, addressed to the "Hon. John Tyler, Ex-President of the United States, and the Hon. George \V. Summers;" which, on his motion, was laid upon the table, and ordered to be printed. [Doc. No. XH.] The aniendment submitted yesterday, by Mr. Harvie, being the unfinished business, was taken up, and pending the further consideration thereof, Mr. Carlile moved that the Convention adjourn until to- morrow, at 12 o'clock; and the question being put, was decided ill the affirmative — yeas 73, nays 42. On motion of Mr. Neblett, the vote was recorded as follows: The names of those who voted in the affirmative are — Messrs. John .Tanney, ( Prcs't) Messrs. Marmaduke Johnson, Wilham B. Aston, Robert C. Kent, Alfred M. Barbour, John F. Lewis, George Bnylor, James C. McGrew, George W.' Berlin, Paul McNeil, Caleb Boggess, James Marshall, Wood Bouldin, John Q.. MaiT, Thomas Branch, Henrv H. Masters, George W. Brent, Horatio G. Moffett, William G. Brown, Hugh M. Nelson, John S. Burdett, Johnson Orrick, James Burley, William C Parks, Frederick M. Cabell, Spiccr Patrick, John A. Campbell, Edmund Pendleton, John S. Carlile, George McC. Porter, C. B. Conrad, David Pugh, James H. Couch, George W. Randolph, W. H. B. Custis, Peter Saunders, Sr. Marshall M. Dent, William C. Scott, Harvey Deskins, John D. Sharp, James B. Dorman, Thomas Sidington, William H. Dulany, Charles R. Slaughter, JOURNAL OF THE COVENTION. Messrs. Jubal A. Early, Thomas S. Flournoy, William W. Forbes^ Colbert C. Fugate, H. L. Gillespie, Peyton Gravely, John Goode, Jr. Ephraim B. Hall, Allen C. Hammond, Alphens F. Haymond, James W. Hoge, James P. Holcombe, Chester 1). Hul)bard, John N. Hughes, George W. Hull, Messrs. Burwell Spurlock, Samuel G, Staples, Alex. H. H. Stuart, Chapman J. Stuart, George W. Summers, William T. Sutherlin, Campbell Tarr, George P. Tavloe, John T. Thornton, William M. Tredway, John Tyler, William White, Benjaiiiii) Wilson, Samuel Woods — 73. The names of those Avho voted in the negative are- Messrs. William M. Ambler, Edward M. Armstroiis James Boisseau, Peter B. 15orst, Allen T. Caperton, William P. Cecil, John R. Chambliss, Manilius Chapman, Samuel A. Coffinan, Raphael M. Conn, James H. Cox, Richard H. Cox, John Critcher, John Echols, Napoleon B. French, Samuel L. Graham, Robert E. Grant, Fendall Gregory, Jr. William L. Goggin, Thomas F. Goode, Addison Hall, Messrs. Cyrus Hall, L: S. Hall, Eppa Hun ton, John R. Kilby, John J. Kindred, James Lawson, Walter D. Leake, Thomas Masljn, Charles K. Mallory, Edmund T. Morris, Jeremiah Morton, William J. Neblett, George W. Richardson, James W. Shelley, John M. Speed, James M. Strange, Robert H. Turner, Franklin P. Turner, Edward Waller, Robert H Whitfield, S. C.W^illiams— 42. The Convention then adjourned, JOURNAL OF THE CONVENTION. 89 1^ Thursday, March 7, 1861. The Convention assemhlod at 12 o'clock, M. Prayer hy the Rev. Dr. Moore of the Presbyterian Church. Mr. Brown submitted the following resohuion: Resolved, That tlie President of the Convention appoint a committee of members, to be styled the "Committee on Finance," whose duty it shall be to take into consideration ail subjects to it referred in relation to State and county taxation. Mr. Echols moved to lay the resolution on the table, and the question being put, was decided in the affirmative — nays 69, nays 41. On motion of Mr. Browx, the vote was recorded as follows: The names of those who voted in the affirmative are — Messrs. John Janney, ( PresU) Messrs. William M. Ambler, AVilliam B. Aston, Angus R. Blakey, .lames Boisseau, - Peter B. Borst, Wood Bouldin, Thomas Branch, George W. Brent, Frederick M. Cabell, •John A. Campbell, William P. Cecil, .lohn R. Chambliss, Manilius Chaptiian, Raphael M. Conn, .Tames H. Couch, .lames PI. Cox, Richard H. Cox, W. H. B. Custis, AV'illiam H. Dulanv, ^- .Fubal A. Early, John Echols, Miers W. Fisher, Thomas S. Flournoy, William W. Forbes, Samuel L. (Traham, Robert E. Grant, „-' Algernon S. Gray, Fendall Gregory, Jr. J. G. Holladay, Eppa Hunton, Marmaduke Johnson, Robert C. Kent, John R. Kilby, John J. Kindred, Walter D. Leake, Charles K. Mallory, James Marshall, .lohn Q,. Marr, John L. Marye, Sr. Horatio G. Moffett, Edmund T. Morris, .Teremiah Morton, Ilugli M. Nelson, William C. Parks, David Pngh, George W, Randolph, George W. Richardson, Peter Saunders, Sr. .lohn T. Sea well, Charles R. Slaughter, .lohn M. Speed, Burwell Spurlock, Samuel G. Staples, James M. Strange, William T. Suiherlin, George P. Tayloe, John^T. Thornton, 90 JOURNAL OF THE CONVENTION. Messrs. William L. Goggin, Thomas F. Goode, Addison Hall, Allen C. Hammond, « James W". Hoge, James P. Holcombe, Messrs. Robert H, Turner, John Tyler, Edward Waller, William White, R. H. Whitfield— 69. The names of those who voted in the negative are — Messrs. Ed'd M. Armstrong, Messrs. Alfred M. Barbour, George Baylor, George W. Berlin, Caleb Boggess, AVilliam G. Brown, John S. Burdett, James Burley, John S. Carlile, Sanniel A. Colfman, C. |}. Conrad, Marshall M. IJent, Harvy Deskins, Colbert C. Fugate, H. ii. Gillespie, Peyton Gravely, Cyrus Hall, E. B. Hall, L. S. Hall, Alpheus F. Haymond, Chester 1). Hubbard, .Tohn N. Hughes, George W. Hull, James Lawson, John F. Lewis, James C. McGrew, Paul McNeil, Henry H. Masters, Johnson Orrick, Logan Osburn, Spicer Patrick, Edmund Pendleton, George McC. Porter, John D. Sharp, Thomas Sitlington, Chapman J. .Stuart, Geo-ge W. Summers, Campbell Tarr, Franklin P. Turner, Benjamin Wilson, Samuel Woods — 4L Mr. Nelsox submitted the following resolution, which was ordered to be referred to the Committee on Federal Relations: Resolved by the Convention of Firginia, That Virginia disapproves of, and ear- nestly protests against any attempt on the part of the Federal Government to re- possess itself of the properly and places belonging to the Government, and to col- lect the duties on ini[iorts within the limits of the seceding States. Mr. Hughes presented a report from the Committee to '^con- fer with the Editors of the Richmond Enquirer, to ascertain Avhether the proceedings of the Convention could be published upon a separate sheet, without any other matter;" which, on motion, was laid upon the table, and ordered to be printed. [Doc. No. XHL] The amendment submitted by Mr. Harvie on Tuesday last, being the unfinished business, was taken up, and pending the further consideration thereof. On motion of Mr. Bkent, the Convention adjourned. JOURNAL OF THE CONVENTION. 91 Friday, March 8, 1S61. The Convention assembled at 12 o'clock, M. Prayer by the Rev. Dr. Mooke, of the Presbyterian Church. Mr. Eahly presented the following correspondence, which was read, and at his request, entered upon the Journal: RicHMOKB, March 6, 1861, ^ American Hotel, 40'. ^ Sir, — After your remarks in the Convention to-day, in wiiich you undertook to comment on wiiat you supposed to be my position heretofore, and the position which I had taken in the remarks I had just submitted to the Convention, and after you had referred to some Jetters you had received from my county, indi- cating a change in the sentiments of my constituents — when 1 obtained the floor, I made use of tiie following remarks, which I repeat almost verhalim: "The gentleman from Bedford, whose impatience is so great, whose steam has been up so high, that he has not been content with the opportunities afforded him on this floor to let it otl", but has taken one or more occasions to let ofl' some of it in the streets; has thought proper to step between my constituents and my- self, and informs this Convention and the country that he has received letters from my home, showing a great chatige in the sentiments of my constituents, and that they are very impatient at the delay which I have been favoring. Now, I presume the gentleman has not undertaken to give this information to the Con- vention and the country unless he is willing to give up his authority for the state- ment, and I call upon him for it." You asked at this point if I 'dished an answer then, to which I replied that I did. In a very excited manner you proceeded to comment on the remarks I had made, and said, as near as I can recollect — " When the gentleman from Frank- lin says that I have sought opportunities to let off" steam in the streets, he makes a statement which is utterly without foundation," or, "which has no foundalion in fact." I do not recollect exactly the precise expression, but this is the sub- stance. You coupled your remarks with the declaration that you held yourself responsible to me for what you had said, either on the floor or elsewhere. This renders it necessary for me to enquire of you whether, in what you did say, you meant to convey the idea that I had stated a falsehood or been guilty of a misre- presentation ? I also enquire if you intended the expression that you held your- self responsible to me on the floor or elsewhere, in an oSensive sense? Your ob't serv't, J.A.EARLY. This note will be handed to you by my friend Thos. James Deane, Esq. J. A. EARLY. John Goode, Jr., Esq. Exchange Hotel, March 7, 18G1. Sir, — Your note of yesterday was handed to me at a late hour in the afternoon by your friend, Thomas James Deane, and I take the earliest opportunity al- lowed me to reply. In the remarks submitted by you to the Convention, on yesterday, I understood you to say, in substance, ihat I had not been content with the opportunities af- forded me on that floor to let off" steam (as you chose to characterize my speeches,) but that I had sotighl opportunities to let it off' in the streets, &c. So understand- ing you, I replied that such a statement was wholly without foundation in fact — and that I had addressed no people in this city until they had sought me at my lodgings and called for me in a manner which 1 could not decline obeying. From your remarks, as cited by you in your note and the report of the same in the Enquirer, of this morning, 1 find that I misapprehended your language, and that ^2 JOURNAL OF THE CONVENIION. you did not say, as 1 then understood you to say, tliat I liad "sought opportuni- ties," &c. 1 was thus led to say, that the statement made by you (as 1 under- stood it) was without foundation 'in fact. It is but just for me to add, that I did not design to impute to you fulseliood or wilful misrepresentation, but simply to deny the truth of your statement, as I understood it at the time. My remark, "that I hold myself rusponsible for what I say here or elsewhere," was intended 1o declare my purpo>e to vindicate my personal and representative rights when- ever, wherever, however, and by whomsoever assailed, and was noi intended to be ofl'ensive to yourself or to any other person. Your obedient servant, JOHN GOODE, Jr. This note will be handed you by my friend, E. C. Hurks, Esq. JOHN (JooDi:, Jii. I\l;ij. J. A. Early. Kkh.mond, March 7, 1861. ►^"■) — Your note of this morning was lianded to me by your friend, Mr. K. C Hurks, immedialely after the adjournment of the Convention to-day, and in re- ply thereto, I will say, that understanding you to disclaim any intention on your jiart to impute to me falsehood or wilful misrepresentation in what you said in the Convention on yesterday, and also to disclaim any purpose of being person- ally oH'ensive to me in the expression you used as specified in my note of yester- the Cosnnnltee on Fede- ral Relations; and, at his request entered ujion the Journal: At a meeting; of a portion of the citizens of Bedford County, held at tlie Court House, on the 6th day of Marcii, 1861: On motion of William V. Jordan, Ksq., Major Cornelius Pale was called to the (/hair, and Joseph li. Layne, K-i(|., a()pointed Secretary. The object of the meeting having been explained by John II. Thurman, Esq , on motion, it was Resolved, That a Committee of seven be appointed to draft resolutions for the consideration of the meeting. Whereupon, the following gentlemen M-ere appointeJ a Committee: — Jolm II. Thurman, James M. Carter, Wilson Wheeler, Dr. Robert A. Clement, Dr. Thomas M. Page, Joseph IJ. Layne and William V. Jordan, who, after a short retirement, reported the following resolution, which was unanimously adopted: WhercMS, Every ofi'ort to secure the just riglits of the South has failed, and a Black Republican President has been inaugurated upon princi[)les hostile to the equality of the States, who declares hi? purpose of coercing such States as re- fuse sutunission to his rule: Therefore, Be il llcfsolrcit, That we will resist any. and every attempt at coercion, :ind re- spectfully re{|uest our Delegates in the Convention to use every means in their power to dissolve the connection of Virginia with the Federal (jrovernment. On motion, it was Ilesnlved, That these proceedings be published in the County papers, and a copy thereof sent to our Delegates in the State Convention. On motion, the meeting adjourned. CORNELIUS PATE, Chairman. Joseph B. Layne, Secretary. At a meeting of a portion of the citizens of the County of Bedford, State of Virginia, held at Emaus, in said County, on Friday, the 8lh inst., Capt. S. P. A. Moorman was called to the Chair, and A. M. Whitten appointed Secretary. The object of the meeting was explained by the Chair, in a few approjjriate and patriotic remarks, which weic also sustained by Messrs. T. H Nauer, A. W. Robertson, A. M. Whitten, Wesley Peters, and others. The Committee appointed to draft resolutions, reported the following, with the accompanying preamble, which were adopted without a dissenting voice. Whereas, Every effort to secuie the just rights of the South have failed, and a Black Republican has been inaui:,urated upon principles hostile to the South; who declares his purpose of coercing such States as refuse submission to his rule; tlierefore. Be it Resolvd, That we will promptly resistevery, and by all of the means in our power, any attempt at coercion; that our rights as freemen and citizens of Vir- ginia, are now imperilled by delay; therefore, we earnestly recpiest our Dele- gates in the Convention, to use every means in their power, to dissolve the pre- sent odious connection of Virginia with the Federal Government. Resolved, That the proceedings of this meeting be published in the County papers, and a copy thereof be sent to our Delegates, in the State Convention. On motion, the meeting adjourned. S. P. A. MOORMAN, Chairman. A. M. Whitten, Secretary. Mr. Shefpey presented the following report of the proceed- JOURNAL OF THE CONVENTION. 101 ings of a public meeting of citizens of the county of Smyth; which, on his motion, was referred to the Committee on Federal Relations, and at his request entered on the Journal: At a large and respectable meeling of a portion of the citizens oT Smyth county, held at Marion, pursuant to notice, on Saturday, March 9lh, 1861, on motion, Adam Rosenbam was called to the chair, and George VV. Henderlite and D. D. Hull appointed Secretaries. On motion, the Chair appointed William Farmer, W. F. Hurst, W. D. Stro- ther, E. L. Watson and E. A. Scott, a committee to draft resolutions expressive of the sense of this meeting. On motion, James H. Gilmore was added to the committee. On motion, the meeting took a recess until 2 o'clock P. M., to allow the said committee time to report. At 2 o'clock P. M., the meeting was again called to order, when (he commit- tee submitted the following jireamble and resohuions: Whereas, Abraham Lincoln has clearly indicated in his inaugural address that he intends to make the attempt to coerce the Southern Slates that have seceded, by holding, occupying and possessing the properly and places claimed by the Government in those States; and whereas, the citizens of Virginia statid ready at all times to resist such attempt at all hazard, and to cast in their fortunes, in such an event, with their sister States of the South, and believing that the time has now come when tliey must either take their stand with the States of the Northern portion of the Confederacy, or with the Confederate Stales of the South — Therefore, be it L liesolved, That the honor, the duty, and the interests of V^irginia, impera- tively demand that she should immediately resume all her riglitful sovereignty, and stand pi'epared for war. 2. Resolved, That the time for adjustment in the Union has passed; that we regard it the imperative duty of the Virginia Convention now to pass an ordi- nance of secession, without further consullalion or cooperation with other States, and that a general Convention of the Border slave State*, will be only productive of a delay that may be fatal to the be^t interests of our people. 3. Resolved, That any guarantee which wiil fail to bring back the seceded States, ought not to be accepted by Virginia. 4. Resolved, That our highest respect is due to South Carolina, and the rest of the seceded States. We honor them for their wisdom, their decisive boldness, and their humane forbearance. 5. Resolved, That we regard any attempt to interf'-rc with the present system of taxation upon slave propei-ty at t!iis crisis, as ill-timed and ill-advised. 6. Resolved, That to Virginia, if she properly regards her honor and her plighted faith, "^-e owe oi;r lasting fealtj, and to her and the rest of the gallant South, we pledge " our lives, our fortunes and our sacred honor." 7. Resolved, That we do not regard these resolutions as necessarily instruc- tions to our delegate in Convention, for we feel confident fiom his course so far, that his action will correspond thereto. 8. Resolved, That a copy of the foregoing preamble and resolutions be for- warded immediately to out- delegate in Convetition, with the request that he will lay them before th.t body. After several spirited and patriotic addresses, the said preamble and resolu- tions were, on motion, unanimously adopted. On motion. Resolved, That these proceedings be forwarded to the "Marion Visitor" and Richmond papers for publication. On motion, the meeting adjourned tine die. ADAM ROSCXBAM, Ckainnan. G. W. HeVDF.RI.ITE, re , . D. D. Hull, ^ SvcrelancK The Presidkxt announced the following committee in tic- cordance with the resolution adopted yesterday, concerning 102 JOURNAL OF THE CONVENTION. ^'claims against the Convention for services before its organiza- tion:" Messrs. Marfirlaiid, Cox, of Chesterfield, and Leake. Mr. T.xKK suhniitted the f tllowing preamble and resolutions, which were ordered to be referred to the Committee on Federal Relations: Whereas, a number of the Southern States of this Union having seceded there- from, and an atieuipt to retake the forts and other property of the United Slates, now m possessi m of said States, by the Federal Government, in the present criti- cal condition of the country would, it is believed, seriously endanger the peace- ful relations now existing between tiie remaining Southern States and the Gene- ral Government itself, and will tend to, if it does not produce civil war; there- fore, Resolved, That this Convention, to avoid a conflict, and restore harmony be- tween the Federal Government and the seceding States, would earnestly recom- mend, both to the said Government and the said States, that the relations now subsi>ting between them should be maintained, with the hope that an amicable adjustment can be ed'ected.and that the Federal Government, with a view to the atlaiiinnMit of fiiat object, althongli the right unquestionably exists, should not attempt forcibly to I'clake the forls, arsenals, and other public property of the United States, now in possession of the said States, until an effort shall have been made for adjustment by the State of Virginia in Corwention assembled. Ris'ilfcd, That whilst we deprecate any action on the part of the Federal Go- vernment that may lead to a cullision between itself and the seceding States, yet the withdrawal of tlie said Slates from the Union having been made in violation of the Constitution of the I'nited States, and wiliiout the consent of Virginia, in- volving as it docs, the peace and security of the entire Union, does not warrant, and ought not to receive the sanction of Virginia. On motion of Mr. Flournov, ordered that leave be granted to record his name in the affirmative on the question of agreeing to the resolution of thanks to Hon. .John J. Crittenden, adopted yesterday. The Phesioknt presented the following communication from Mr. C.vulilk, whicli was read and ordered to be laid upon the table: March 12, ]8G1. Sir, — 1 am anxious that llie cause of my absence from the Convention on yes- terday, when the resolution of thanks to Mr. Crittenden was voted upon, shall be made known to my coiistituents, who, with ine, love to honor the man who has so signalized himself by a lile devoted to the best interests of his icliole country, as to have earned for himself the jiroud title of "the Patriot Statesman." His elforts to plucc before the people the measures of adjustment recommended by the Peace Conference, liave met the hearty approval of the great body of the people in my portion of the State, and the people of Harrison would expect my vote to he recorded in favor of the resolution referred to. It would have been so recorded — for from my heart 1 thank liim — had I not been prevented from attend- ing the (Convention by a return of inflammatory rheumatism with which I was attacked sliorilv after my arrival in this city. \'ery respeetfiillv, JOHN S. CARLILE. Ilim. John Ja.n'N'ly, President of Convention. Tho report from the Commissioners appointed to represent this Connnonwealih in the Conference which convened in the City o{ Wasiiiiigton, on the 4th day of February IS(51, being the un- finished business, was taken up, and j)ending the further con- sideration therenf. On motion of i\Ir. Tvmou, the Convention adjourned. JOURNAL OF THE CONVENTION. 103 Wednesday, March 13, 1861. The Convention assembled at 12 o'clock, M. Prayer by the Rev. Mr. Baker of the Episcopal Church. Mr. Woods presented the proceedings of a meeting held in the county of Barbour, whicli were read, and on his motion, re- ferred t-i the Coinmiltee on Federal Relations. Mr. Morris presented the proceedings of a meeting held in the county of Caroline, which were read, and on his motion, referred to the Committee on Federal Relations. The report from the Commissioners appointed to represent this Commonwealth in the Conference which convened in the City of Washington, on the 4th day of February 1861 , being the un- finished business, was taken up, and pending the further con- sideration thereof. On motion of Mr. Sheffey, the Convention adjourned. 104 JOURNAL OF THE CONVENTION. ^^ Thursday, March 14, 1S61. The Convention assembled at 12 o'clock, M. Prayer by the Rev. Mr. Baker, of the Episcopal Church. Mr. Neblett presented a report of the proceedings of a meet- ing held in the conniy of Ijunenbnrg, which, on his motion, was referred to tlie Committee on Federal Relations. j\Ir. Kent presented a report of the proceedings of a ineetin held in the connty of VVytbe, which, on his motion, was re- ferred to the C'lmmittee on Federal Relations. The report from the Commissioners appointed to represent this (Commonwealth in the Conference which convened in the City of Washington, on the 4th day of February 1861 , being the unfinished business, was taken up, and ai'ter further conside- ration. On motion of Mr. Conrad, of Frederick, was referred to the Committee on Federal Relations. Mr. Conrad, of Fredt^rick, submitted the following resolution: Resnlved, Tliat the report of tlie Committee on Federal Relations, with the minority reports from said Committee, be made the order of the day, in Commit- tee of the Whole, to-morrow, at half past 12 o'clock, and continue so from day to day, until otherwise ordered. Mr. Sheffey moved to amend the resolution by striking out '' to-mnrrow," and inserting "Monday next," and the question being put, Avas decided in the negative. Tlie resolution was then adopted. Mr. Richardson moved to take up a resolution oifered by him on the 2Sth day of February last, seeking information re- garding the militia, &c.; and the question being put, it appeared that no quorum was present. On motion of Mr. Burdett, the Convention adjourned. JOURNAL OF THE CONVENTION. 105 Friday, March 15, 1861. The Convpiitinn assemblnd at 12 o'clock, M. Prayer by the Rev. Mr. Nollky, of the Methodist Church. Mr. FisHKii presented a report of the pmceodiugs of a meot- ing;, held ui the; county of Norihampion, which was read, and on his motion, referred to the Committee on Feder.d Ilelati'ns. Mr. GooDK, of Mcckletibnig, presented a n^p^rt (if tha pro- coediiii's of a meeting held in the county of Mecklcnbiu-g, which was read, and ou his motion referred to the Coniuiittue on Federal Relations. Mr. \Vvsoii read n>r the information of tlie Convention, a re- port of the proceedings of a meeting held in the county of Pidaski. Mr. FoiJBEs presented the report of the proceedings of a meeting held in the county of Buckingham, which was read, and on his motion referred to the Committee on Federal Re- lations. Mr. RiCH.VRDsox moved to take up a resolution offered by him on the 28lh day of February last, seeking inform. ition re- garding tlie militia, etc., and the question being put, was de- cided in the negative. In accordance with a resolution adopted yesterday, tlie Con- vention resolved itself into a Committee of the Whole, and the President called Mr. South.\ll to the Chair. After some time passed in Connniltce of the Whole, the President re- sumed the Chair, and Mr. South .all reported that the Commit- tee had risen witliout coming to any conclusion upon the matter referred to them. On motion of Mr. H.all, of Lancaster and Northumberland, the Convention adjourned. 110 JOURNAL OF THE CONVENTION. Monday, March 18, 1861. The Convention assembled at lOJ o'clock, A. M. Prayer by the Rev. Mr. Brow.v, of the Presbyterian Church. The resolutions submitted by Mr. Willey, on Saturday last, being the unfinished business, were taken up. On motion of Mr. Clemens, a call of the House was ordered, to ascertain if a quorum was present. The roll was accordingly called, and the following members responded: Messrs. John Janney, (Pres''t) Messrs. William M.* Ambler, Edward M. Armstrong, William B. Aston, Alfred M. Barbour, George Baylor, George W. Berlin, Caleb Boggess, Peter B. Borst, Wood Bouldin, William G. Brown, John S. Burdett, James Burley, Benj. W. Byrne, John A. Campbell, Allen T. Caperton, John A. Carter, John R. Chambliss, Sherrard Clemens, Raphael M. Conn, James H. Couch, Harvey Deskins, Jubal A. Early, Miers W. Fisher, Thomas S. Flournoy, Napoleon B. French, Colbert C. Fugate, Samuel M. Garland, H. L. Gillespie, Robert E. Grant, Peyton Gravely, Fendall Gregory, Jr. George W. Hull, Eppa Hunton, Lewis D. Isbell, John J. Jackson, Marmaduke Johnson, Robert C. Kent, John R. Kilby, Walter D. Leake, James C. McGrew, Paul McNeil, James B. Mallory, Thomas Maslin, Henry H. Masters, Horatio G. Moffett, Edmund T. Morris, William J. Neblett, Johnson Orrick, Logan Osburn, William C. Parks, Spicer Patrick, George McC. Porter, David Pugh, George W. Richardson, Peter Saunders, Sr. William C. Scott, John T. Seawell, John D. Sharp, Charles R. Slaughter, John M. Speed, Burwell Spurlock, Chapman J. Stuart, James M. Strange, JOURNAL OF THE COIH'ENTION. Ill Messrs. AVilliam L. Goggin, Messrs. Thomas F. Goode, Addison Hall, Cyrus Hall, Ephraim B. Hall, Allen C. Hammond, Alpheus P. Haymond, James P. Holcombo, J. G. Holladay, Chester D. Hubbard, John N. Hughes, William T. Suthrelin, Campbell Tarr, George P. Tayloo, Robert H. Turner, Franklin P. Turner, Robert H. Whitfield, Williams C. Wickham, Benjamin Wilson, Samuel Woods, Benj. F. Wysor— 85. A quorum being present, On motion of Mr. Clkmens, all further proceedings under the call were dispensed with. The motion of Mr. Slaugfiter, to lay the resolutions sub- mitted by Mr. Willky upon the table, was withdrawn. Pending the further consideration of said resolutions, the Convention, in pursuance of the order of the day, resolved itself into a Committee of the Whole, Mr. .Sot'thall in the chair. After some time passed in Conmiittce of the Whole, the President resumed the chair, and Mr. Soutiiall reported that the Committee had made some progress upon the matttr referred to them, but had come to no conclusion thereupon. The PuEsiDEXT presented a communiratinn jnim a committee on behalf of a ''Conference Convention" of citi- zens of the State of Maryland, which was read, and on motion of Mr. Fisher, was ordered to be printed and referred to the Committee on Federal Relations. Mr. DoRMAN submitted the following resolution, wliich was ordered to be referred to the Committee on Federal Relations: Resolved, That the Committee on Federal Relations inquire into the expediency of amendments to the Constitution of the United States, beinf; submitted by this State, to the other States of the Union, providing; and derlariiig, (first,) that Electors of President and Vice-President, siiali he chosen on the District system; and, (second,) that persons of African blood, in whole or in part, are not and shall not be citizens of the United States, or citizens within the meaning of the 2d section of the 4th article of the Federal Constitution; and, further, whether such amendments should form part of any ulliinahtm laid down by Virginia or the Border States of the South, or should be submitted separately and distinct from such vltimalum. On motion of Mr. Havmoxd, tlie Convention adjourned. 112 JOURNAL OF THE CONVENTION. ^1 Tuesday, March 19, 1861. The Convention assembled at 10^- o'clock, A. M. Prayer by the Rev. Mr. VVoodbridge, of the Episcopal Church. Mr. Hall, of Wetzel, submitted the following resolution, which, on motion of Mr. Conrad, of Frederick, was laid upon the table: Resolved, That the Committee on Federal Relations are hereby requested to report the Constitution of tiie Confederate States of the South, as Virginia's ultimatum, and that they recommend the same to the Northern States of this Confederacy, for their adoption or rejection, and in order to give them time to act on the same, this Convention will adjourn to meet again on the first Monday in October, 1861. Mr. Conrad, of Frederick, presented a report from the Com- mittee on Federal Relations, proposing amendments to the Con- stitution of the United States, which, on his motion, was ordered to be printed, and referred to the Committee of the Whole. Mr. Hull submitted the following res-»lnlion, which, on mo- tion of Mr. Early, was laid upon the table: Resolved, That in future, until otherwise ordered, this Convention shall meet as at present, at lOi o'clock, A. M , remain in session until 2| P. M.; then take a recess, and again assemble at a quarter to 8 P. M. Mr. Branch presented the following connnunication and re- port of a meeting held in the City of Petersbnrg, which, on his motion, were referred to the Conmiittee on Federal Relations, and ordered to be entered in the .Journal: Petersburg, March 15, 1861. Thomas Branch, Esq. — Dear Sir: — As Chairman of a meeting of citizens of Petersburg, held on Monday night last, I beg leave to communicate to you a copy of the proceedings of ttie meeting, which you will find in the enclosed slip from the Daily Express, and to inform you that at the polls held on Wednesday, yesterday, and to-day, in pursuance of the resolution of the meeting, the vote re- sulted as follows: Whole number of votes cast 1,641 For the resolutions of Charles F. Collier, Esq 879 For the substitute of Col. George W. Boiling 762 Majority 117 In further compliance with the terms of the fourth resolution of Mr. Collier, I beg leave to request that you will communicate to the Convention the proceed- ings of the meeting, and the result of the popular vote. Very respectfully, Your obedient servant, WILLIAM T. .TOYNES. P S. — I enclose also a copv of the notice published each day of the voting. W. T. J. JOURNAL OF THE CONVENTION. 113 MEETING OF THE CITIZENS OP PETEftSBURG. In pursuance of the annexed oil, published in the daily papers of Monday, the llth inst., a large concourse of the citizens of Petersburg, met at Phoenix Hall, on the evenin^^ of that day, at 8 o'clock, P. M. To THE Voters of Petersburg. — All true lovers of Constitutional Liberty, and of the Union, as our lathers formed it, are requested to meet at Piioenix Hall, on Monday night, at 8 o'clock, in order to instruct our Delegate in the State Convention, now assembled, to go for immediate secession. Let there be a grand rally of the pco])le. Many Citizens. The meeting was organized by the election of V/illiam T. Joynes as Chair- man, and A. K. Crutclifield and John Lyon, Secretaries. Mr. C. F. Collier ofl'ered the following resolutions: 1. Resolved, As ll;e opinion of this meeting, which is one of the largest ever assembled in this city. That the point of substantial dispute, from which all minor disputes radiate as from a common centre, between the slaveholding and the non-slavcholding States, is M'/if^/irr ncf^rces nreprvpcrhj; and that ihe observ- ance, in all legislation by tlie (ieneral Government and by the States, of the constitutional fact, in our complex system, as we understand it, that negro slaves are property, is the orbit in which "the Federal Union, now in the darkness of disali'eclion and disloyalty, must heiioelbrlh move, in order to n)ake that Union again illustrious with the Ijcains of the old time brotherhood; and that that orbit alone, and no other, is competent to make the wasting powers of that Union and the drooping prospects of the whole country revive and rejoice. 2. Ilcsoli-cd, That in the opinion of this meeting, the Convention now delibe- rating in Richmond, ouiilit to propose to be ratified by the people, an ordinance lo the following ed'ect: That, whereas, the non-slavcholding Stales have lefused to accord much less in the way of compromise than the slaveliulding Stales are entitled lo, as is evidenci-d by the refusal of Congress to accc[)t Ihe proposals of the Peace Conference; now, therefore, we, the people of Virginia, will resist the authority of the Union over us; and do ordain that the powers thereto formerly delegated be resumed; and do declare this Slate absolved from any alle- giance to that Union; and, furthermore, that we, the people of Virginia, never will re-unite in any Confederacy with those Slates, or any of them, except on the basis that negroes held to service are property, as well as persons, and that the element of property in thtm must be treated as other property in the territo- ries, and especially in the matter of the delivery of fugitives from labor, when escaped into any of those Slates or into any territory. 3 Kesolrcd, That such ordinance might appropriately prescribe some period, with short interval, but ample, within which this our demand must be acceded to, in the way of amendment to the Cjiistiiution of the United States, by the lion-slaveholding States; so that the attention of THE PEOPJ>E of those States shall be drawn to the point on which alone future fraternity is possible; but be it understood that this leaving of the door open lor overtures from the people of Ihose States, is only intended as a condition of re-union subsequent lo secession or revolution, and not as a condition precedent. 4. Rcsoh-ed, That whilst we do not deem it indispensable, as the action of the Convention must come back to us, that we shall send up instructions, in manda- tory form, lo our delegate, Mr. Branch, yet we hereby request him to present our proceedings to that body; and, therefore, it is ordered that a copy be certified lo him for that purpose, and thai he be requested to take heed thereto. Mr. Geo. W. BjllingolFered the following as a substitute for Mr. Collier's reso- lutions : Resolccd, That having full confidence in the intelligence, patriotism and firm- ness of our delegate in the Convention, for the protection of Southern rights and honor, it is inexpedient to instruct him on any question now pending before Ihe Convention. Mr. Collier's resolutions were advocated bv himself, Mr. R. R. Collier and Hon. R. A. Pryor Mr. Boiling's substitute was advocated by hini'^elf and Mr. .lohn Lyon. During Mr. Lyon's speech he gave way lo Mr. Pryor, who moved that the resolutions and substitute be laid on the table and that the meeting adjourn Mr. C. F. Collier and R. R. Collier, each, with the consent of the meeting, made a few remarks by way of explanation. 114 .TOUKXAL 01 THE COVENniOX. Mr. Pryor subsequently withdrew liis motion. Mr. R. R. Collier then offered tiic following resolution: Resolved, Ttiat the resolutions od'ered to this meeting; by Chas. F. Collier, Esq. and the substitute therefor offered by Col. Geo. W. Boiling, be published in the newspapers of this city to-morrow, (Tuesday,) and the next day, (Wednesday,) and the next day, (Thursday.) and that a poll be opened at the Court-house, on each of those days, at which the legally qualified voters of the city may vote aye or no on the said resolutions of Mr. Collier, and aye or no on the substitute of Col. Boiling. Which was adopted. On motion, the meeting adjourned. WM. T. JOYNES, Chairman. A. F. Crutchfield, ) „ . • ^ kecrcianes. John Lyon, \s, On motion of Mr. Conrad, of Frederick, the following reso- lution was adopted: Resolved, That from and after to-day, until further order, this Convention will resolve itself into Committee of the Whole, upon the reports from the Commit- tee on Federal Relations, at the hour of 11 o'clock, A. M. In ])tir.suance of the order of the day, the Convention re- solved itself into a Committee of the Whole, Mr. Southall in the chair. Alter some time passed in Conmiittee of the Whole, tlie PitEsiDENT resumed the chair, and iMr. Southall reported that the (Committee had made some progress with the matter rei'erred to them, but had come to no conclusion thereupon. The resolutions submilled by Mr. Willey, on Saturday last, being the unfinished business, were taken up, and pending the further consideration tliereof, On motion of Mr. TurtNKii, of Jackson, the Convention ad- journed. JOURNAL OF THE COlTSrENTION. 115 Wednesday, March 20, 1861. The Convention assembled at 10^ o'clock, A. M. Prayer by Rev. Mr. Woodbridge, of the Episcopal Church. On motion of Mr. Brown, the following resolution was adopted : Resolved, That the ayes and noes may be taken in Committee of the Whole, in the same manner as in the Convention. Mr. Speed submitted the following resolution: Resolved, That the Committee on Federal Relations be instructed to inquire into the expediency of reporting to the Convention two ordinances, to be sub- mitted to a vote of the people fur their approval or rejectioti, on the 4th Thurs- day in May next — one providing for a resumption by the fctate of the powers heretofore delegated to the General Government; and the other, as an alterna- tive proposition, the series of amendments to the Constitution of the United States, which may be agreed on by the Convention to be submitted to the North- ern 8tates as an uUunatum, on the acceptance of which this Slate will continue in the Fedi ral Union, with the proviso, that if not accepted by tlie day of , the Convention shall have authority to pass an ordinance of secession without referring it back to the people for their ratification. Mr. Early moved to lay the resolution upon the table, and the question being put was decided in the negative — yeas 46, nays 61. On motion of Mr. Goode, of Mecklenburg, the vote was re- corded as follows: The names of those who voted in the affirmative are — Messrs. John .Jnnney, (P res'' i) Messrs. James W. Hoge, William 13. Aston, Chester I). Hubbard, George Baylor, John N. Iluglies, George W. Berlin, George VV. Hull, Caleb Boggess, John J. Jackson, George W. Brent, Peter C. Johnston, William G. Brown, John F. Lewis, James Burley, James C. McGrew, John A. Campbell, Paul McNeil, .John S. Carlile, Henry H. Masters, John A. Carter, Hi^ratio G. Moffctt, C. B. Conrad, Johnson Orrick, James H. Couch, Logan Osbnrn, W. H. B. Custis, Spicer Patrick, Harvey Deskins, George McC. Porter, James B. Dorman, David Pugh, 11^ JOURNAL OF THE CONVENTION. Messrs, Jubal A. Early, Colbert C. Fugate, H. L. Gillespie, Peyton Gravely, Addison Hall, Ephraim B. Hall, Allen C. Hammond, Messrs. John D, Sharp, Thomas SitHngton, JSamuel G. Staples, Alex. H. H. Stuart, Chapman J. Stuart, William White, W. T. Willey— 46. The names of those who voted in the negative are — Messrs. William M. Ambler, Messrs. Edward M. Aruistrong, Angus R. Blakey, George Blow, Jr. Wood Bonldin, William W. Boyd, Thomas Branch, Jauies C. Bruce, Allen T. Caperton, John R. Chambliss, Raphael M. Conn, Robert Y. Conrad, James H. Cox, Richard H. Cox, Miers W. Fisher, Thomas S. Flouruoy, Samuel M. Garland, Samuel L. Graham, Robert E. Grant, Fendall Gregory, Jr. Cyrus Hall, Alpheus F. Haymond, James P. Holcombe, Eppa Hunton, Lewis U. Isbell, Marmaduke Johnson, Robert C. Kent, John R. Kilby, AValter D. Leake, William McComas, James B. Mallory, James Marshall, John L, Marye, Sr. Fleming B. Miller, Robert ii. Montague, Edmund T. Morris, Jeremiah Morton, William J. Neblett, Hugh M. Nelson, William C. Parks, Wm. Ballard Preston, Samuel Price, George W. Randolph, George W. Richardson, Robert E. Scott, William C. Scott, John T. Si'awell, James W, Sheffey, Charles R. Slaughter, Valentine W. Southall, .lohn M. Speed, Burwell Spurlock, James M. Strange, William T. Suiherlin, William M. Tredway, Robert H. Turner, Franklin P. Turner, Robert H. Whitfield, Benjamin Wilson, Benj. F. Wysor— 60. The resolution was then adopted. Mr. Wilson moved to postpone the execution of the order of the day, with the view of taking up the resolutions submitted by Mr. Willey, on Saturday last, and the question being put, was decided in the negative. In pursuance of the order of tlieday, the Convention resolved JOURNAL OF THE CONVENTION. 117 itself into a Comnaittee of the Whole, Mr. Southall in the chair. After some time passed in Committee of the Whole, the President resumed the chair, and Mr. Southall reported that the Committee iiad made some progress npon the matter referred to them, but had come to no conchision thereupon. iNIr. WicKHAM presented the proceedings of a meeting held in the county of Henrico, which, on his motion, was referred to the Committee on Federal Relations. Mr. Of BURN presented the following report of the proceedings of a meeting held in the county of Jefferson, which, on motion was referred to the Committee on Federal Relations, and ordered to be entered in the Journal: At a meeting of the citizens of Harper's Ferry and Bolivar, held at Camp-Hill School House, on Friday the 15'h day of March, 1861, on motion, E. H. Cham- bers was called to the chair, and A. McCliesh appointed secretary. On motion, it vvas Resolved, That there is no change of public sentiment upon the subject of se- cession, so far as the people of Harper's Ferry and Bolivar are concerned, and that wc fully endorse the resolutions adopted by the Convention held at Charles- town, on the 21st day of January, 1861, which nominated the Union candidates, Messrs. Osburn and Barbour. On motion, it was Rennlvcd. That the position of our Senators in Congress and in the State Se- nate, d )rs not reflect the true sentiments of their constituency, and that we re- gard their conduct as being in open rebellion to our interests as a people, and at war with the Constitution of our beloved country. On motion, it was ordered that a co[)y of the proceedings of this meeting be sent to Messrs. Osbuni and Barbour, delegates to the Virginia Convention. The meeting then adjourned. E. H. CHAMBERS, Chairman. A. McCliesh, Secretary. The resolutions submitted by Mr. Willey, on Saturday last, being the unfinished biismess, were taken up, and after the further consideration thereof, Mr. GooDE, of Mecklenburg, moved to lay the resolutions upon the table, pending which. On motion of Mr. Burdett, the C(»nvention adjourned. JOURNAL OF THE CONVENTION. lit A TiRRSDAY, March 21, 1861. The Convention assemhled at 10^^ o'clock, A. M. l^rayer hy the Rev^ Dr. Sekly, of the Baptist Chnrch. Mr. VViLson snhmilted the following resoiniion, which, on his motion, was I -id upon the table and ordered to be printed: Resolved, That liic CommiKce on Federal Relations be instructed to inquire into llie expedietiry of providing for the Border State Conference, as recom- mended by the report of tlie majority of tbat Committee, and a Conference with tlie aulboVilics ol the Confederated Slates as recommended by one of the mi- nority reports; and a Commission to eacli of the non-slaveholding States, to invite the an'horitts thereof, to initiate sueli proceedings as will Ite acceptable to the ^lavcliolding States now in the Union, and of the Confederated Stales. Mr. Boyd presented a substitute for the first sertion of the report of th^- (Jonnnittee on P'ederal Kclations, proposing an)end- nients to ihe Constitution of the United States, which, on his motion, wiis ordered to be printi-d, and referred to the Commit- tee of the Whole. Mr. Makyk presented a report of the proceedings of a meet- ing held in the county of Spotsylvania, which was read, and relerred to the Committee on Federal Relations. The resnintioiis snhinitfed by Mr. VVilley, on Saturday, be- ing the unfinished business, were taken up, and the motion of Mr. GoonE, of Mecklenburg, to lay them upon the table with- drawn. In pursuance of the order of tlie day, tlie Convention then resolved itself into a Connnittee ot the Whole, Mr. Southall in the rhair. After some time passed in Committee of the Whole, the Piiesidknt resumed the chair, and Mr. Southai-l reported that the Committee had made some progress with the matter referred to them, but had come to no conclusion there- upon. On motion of Mr. Hall, of Marion, the Convention ad- journed. 118 JOURNAL OF THE CONVENTION. Friday, March 22, 1861. The Convention assembled at lO^y o'clock, A. M. Prayer by Rev. Dr. Jeter, of the Baptist Church. Mr. Macfarland, from the Committee appointed under a re- sohition adopted on the 11th inst., presented the following re- port, which was read and adopted: The Committee appointed to audit claims ajiainst tlie Convention for services before its organization, have according, to order, had under consideration such claims as were brought to their notice, and beg leave to report the following resolutiims for adoption by the Convention: Resolved, That Robert B. Craddock be allowed the sum of sixteen dollars, for four days service as Door Keeper to the Convention. Resolved, That Valentine Brown be allowed the sum of eight dollars for two days service as Door Keeper to the Convention. Resolved, That Ritchie and Dunnavant be allowed the sum of sixteen dollars and fifty cents for printing five hundred rolls of members of the Convention. The resolutions submitted on Saturday last, by Mr. Willfy, being the unfinished business, were taken ii[), and pending the further consideration of the same, the hour arrived for the exe- cution of the order of the day. In pursuance of said order, the Convention then resolved itself into a Committee of the Whole, Mr. Southall in the Chair. After some time passed in Committt^e of the Whole, the President resumed the Chair, and Mr. Southall reported that the CommiitROCEIi:i3INaS IN COmilTTEE OF THE WHOLE UPON FEDERAL RELATIONS. I»I1.00E3E3I>II"J-OS IN COMMITTEE OF THE WHOLE. • Friday, March 15, 1861. ^"^ The Committee of the Whole took up the report from the Committee on Federal Relations, and pending the consideration thereof. On motion of Mr. Randolph, the Committee rose. Thursday, March 21, 1861. ^ Mr. Carlile moved to amend the report of the Committee on Federal Relations, by striking out the whole report, and in- serting in lieu thereof a proposition which is included among the documents hereto appended. Pending the consideration thereof, on motion of Mr. Carlile, the Committee rose. Monday, March 25, 1861.^^ Mr. Clemens called for the division of the question, which was negatived. The question upon the motion of Mr. Carlile to amend the report of the Committee on Federal Relations, by striking out the whole report, and inserting in lieu thereof, the proposition submitted by him on the 21st inst., was put and decided in the negative — yeas 4, nays 116. JOURNAL OF THE COMMITTEE OF THE WHOLE. On motion of Mr. Scott, of Fauquier, the vote Avas recorded as follows: The names of those who voted in the affirmative are — Messrs. James Burley, John S. Carlile, Messrs. Chester D. Hubbard, George McC. Porter-— 4. The names of those who voted in the negative are — Armstrong, Messrs. Wm. M. Ambler, Edward M William J3. .^on, George Baylor, George W. Berlin, Angus R. Blakey, George Blow, Jr. Caleb Boggess, James Boisseau, Peter B. Borst, William W. Boyd, Thomas Branch, George W. Brent, William G. Brown, James C. Bruce, John S. Burdett, Benjamin W. Byrne, Frederick M. Cabell, John A, Campbell, Allen T. Caperton, John A. Carter, John R. Chambliss, Manilius Chapman, Sherrard Cleniens, Samuel A. Coffman, Raphael M. Conn, C. B. Conrad, Bobert Y. Conrad, James H. Cox, Richard H. Cox, W. H. B. Custis, Harvey Deskins, W^illiam H. Dulany, Jubal A. Early, John Echols, Miers W. Fisher, William W. Forbes, Napoleon B. French, Messrs. John J. Jackson, Marmaduke Johnson, Peter C. Johnston, John R. Kilby, John J. Kindred, James Lawson, Walter D. Leake, John F. Lewis, William McComas, James C. McGrew, Paul McNeil, Charles K. Mallory, James B. Mallory, James xMarshall, John L. Marye, Sr. Thomas Maslin, Henry H. Masters, Fleming B. Miller, Horatio G. Moffett, Edmund T. Morris, Jeremiah Morton, Samuel McD. Moore, William J. Neblett, Hugh M. Nelson, Johnson Orrick, Logan Osburn, William C. Parks, Edmund T. Pendleton, Wm. Ballard Preston, Samuel Price, David Pugh, George W. Richardson, Robert E. Scott, John T. Seawell, John D. Sharp, James W. Shetfey, Thomas Sitlington, John M. Speed, JOURNAL OF THE COMMITTEE OF THE WHOLE. Messrs. Samuel M. Garland, H. L. Gillespie, Samuel L. Graham, Peyton Gravely, Algernon S. Gray, William L. Goggin, John Goode, Jr., Thomas F. Goode, Addison Hall, Cyrus Hall, Ephraiin B. Hall, L. S. Hall, Allen C. Hammond, Lewis E. Harvie, Alpheus F. Haymond, James W. Hoge, James P. Holcombe, J. G. Holladay, George W. Hull, Lewis D. Isbell, Messrs. Burwell Spurlock, Samuel G. Staples, Alex. H. H. Stuart, Chapman J. Stuart, James M. Strange, George W. Summers, William T. Sutherlin, George P. Tayloe, John T. Thornton, Franklin P. Turner, John Tyler, Edward Waller, William White, Robert H. Whitfield, Williams C. Wickham, Waitman T. Willey, Samuel C. Williams, Benjamin Wilson, Henry A. Wise, Sanmel Woods — 116. On motion of Mr. Nelson, the Committee rose. Tuesday, March 26, 186L 33 The consideration of the report of the Committee on Federal Relations was resumed. While INIr. Amrler was occupying the floor, having been re- cognized by the Chairman, Mr. Price, he was interrupted by the Chairman with an explanation of the question before the Com- mittee, before concluding which, jNIr. Nelson claimed the floor under the practice of the Com- mittee, he having submitted the motion for the Committee to rise at the close of the sitting of yesterday. Mr. Ambleu propounded an interrogatory to the Chairman, and the Chairman having answered the same in part, decided that Mr. Nelson was entitled to the floor. jNIr. Ambler appealed iVom this decision, and the question being put, " Shall the decision of the Chair stand as the judg- ment of the Committee?" was decided in the affirmative. 6 JOURNAL OF THE COMMITTEE OF THE WHOLE. Mr. Hall, of Wetzel, moved to amend the report of the Com- mittee by striking out all after the preamble, and inserting a pro- position which is contained among the documents hereto ap- pended. Subsequently, Mr. Hall proposed to withdraw the proposi- tion, but objection being made, the question was put on granting leave to Mr. Hall to withdraw the said proposition, and was de- cided in the negative, Mr. FisnEii moved that the Committee rise, and the question being put, was decided in the negative — yeas 37; nays 76. On motion of Mr. Fisher, the vote was recorded as follows: The names of those who voted in the affirmative are — Messrs. Wm. M. Ambler, Angus R. Blakey, James Boisseau, Peter B. Borst, William W. Boyd, John R. Chambliss, Samuel A. Coffman, Raphael M. Conn, Richard H. Cox, Miers W. Fisher, William L. Goggin, John Goode, Jr. L. S. Hall, Lewis E. Harvie, James P. Holcombe, Eppa Ilunton, Lewis D. Isbell, John R. Kilby, John J. Kindred, Messrs. James Lawson, Walter D. Leake, William H. INlacfarland, Charles K. Mallory, John L. Marye, Sr. Robert L Montague, Edmund T. Morris, William J. Neblett, George W. Randolph, George W. Richardson, John T. Seawell, James M. Strange, John T. Thornton, Franklin P. Turner, John Tyler, Robert H. Whitfield, Henry A. Wise, Samuel Woods — 37. The names of those who voted in the negative are — Messrs. E M. Armstrong, William B. Aston, John B. Baldwin, Alfred M. Barbour, George W. Berlin, George Blow, Jr. Caleb Boggess, George \V. Brent, William G. Brown, Jtilin S. Burdett, James Burley, Benjamin W. Byrne, Messrs. J. G. Holladay, Chester D. Hubbard, John N. Hughes, George W. Hull, John J. Jackson, Marniaduke Johnson, Peter C. Johnston, John F. Lewis, William McComas, James C. McGrew, Paul McNeil, James B. Mallory, JOURNAL OF THE COMMITTEE OF THE WHOLE. Messrs. Frederick M. Cabell, John A. Campbell, Allen T. Caperton, _ John A. Carter, Manilius Chapman, Sherrard Clemens, C. B. Conrad, Robert Y. Conrad, James H. Cox, Harvey Deskins, James B. Dorinan, William H. Dnlany, /• Jubal A. Early, John Echols, William W. Forbes, Napoleon B. French, Colbert C. Fugate, Samuel jM. Garland, H. L. Gillespie, Peyton Gravely, Algernon S. Gray, Addison Hall, Ephraim B. Hall, Allen C. Hammond, Alpheus F. Haymond, Messrs. James Marshall, Thomas Maslin, Henry H. Masters, Horatio G. Moffet, Hugh M. Nelson, Johnson Orrick, Logan Osburn, William C. Parks, Edmund Pendleton, George McD. Porter, Wm. Ballard Preston, Samuel Price, David Pugh, Robert E. Scott, John D. Sharp, James W. Sheffey, Thomas Sillington, Charles R. Slaughter, Samuel G, Staples, Chapman J. Stuart, William T. Sutherlin, George P. Tayloe, Edward Waller, William White, W. T. Willey— 76. Subsequently, Mr. Wise moved that the Committee rise, and the question being put, was decided in the negative — yeas 32j nays 63. On motion of Mr, Jackson, the vote was recorded as follows: The names of those who voted in the affirmative are — Messrs. Wm. M. Ambler, William W. Boyd, Manilius Chapman, Samuel A. Colfman, Richard H. Cox, Miers W. Fisher, Samuel M. Garland, William L. Goggin, John Goode, Jr. Thomas F. Goode, L. S. Hall, Lewis E. Harvie, John R. Kilby, James Lawson, Walter D. Leake, Wm. H. Macfarland, Messrs. Charles K. Mallory, James B. Mallory, John L. Marye, Sr. Edmund T. Morris, Samuel McD. Moore, George W. Randolph, George W. Richardson, Robert E. Scott, James VV. Sheffey, John M. Speed, James M. Strange, John T. Thornton, Franklin P. Turner, Robert H. Whitfield, Henry A. Wise, Samuel Woods— 32. 8 JOURNAL OF THE COMMITTEE OF THE WHOLE. The names of those who voted in the negative are — Messrs. E. M. Armstrong, WilUam B. Aston, John B. Baldwin, Alfred M. Barbour, George W. Berlin, Caleb Boggess, William G. Brown^ John S. Bnrdett, James Biirley, Benjamin W. Byrne, Frederick M. Cabell, John A. Campbell; John A. Carter, Shcrrard Clemens, C. B. Conrad, Robert Y, Conrad, James II. Cox, W. II. B. Custis, Harvey Deskins, James B. Dorman, Jubal A. Early, John Echols, Napoleon B. French, Colbert C. Fugate, II. L. Gillespie, Peyton Gravely, Addison Hall, Ephraim B. Hall, Allen C. Hannnond, Alpht'us F. Raymond, James W. Hoge, Messrs. J. G. Holladay, Chester D. Hubbard, John N. Hughes, George W. Hull, John J. Jackson, Marmaduke Johnson, Peter C. Johnston, John F. liCwis, William McComas, James C. McGrew, Paul McNeil, James Marshall, Thomas Maslin, Ilcnrv H. Masters, Horatio G. Moffet, Hugh M. Nelson, Johnson Orrick, Logan Osburn, William C. Parks, Edmund Pendleton, George McC. Porter, Wm. Ballard Preston, Sanuiel Price, David Pugh, Timothy Rives, John D. Sharp, Charles R. Slaughter, Chajmian J. Stuart, William T. Sutherlin, William White, W. T. ^Villey— 63. After some time had elapsed, Mr. Turner, of Jackson, moved that the Committee rise, and the question being put, was de- cided in the negative — yeas 32; nays 59. On motion of ^h. Turner, of Jackson, the vote was recorded as follows: The names of those who voted in the affirmative are — Messrs. Wm. M. Ambler, William W. Boyd, l\Ianilius Chapman, Raphael ]M. Conn, Richard H. Cox, Miers W. Fisher, Messrs. Wm. H. Macfarland, Charles K. Mallory^ James B. Mall(jry, John L. Marye, Sr. Edmund T. Morris, William J. Neblett, JOURNAL OF THE CONVENTION. 135 Tuesday, April 2, 1861. The Convention assembled at 10 o'clock, A. M. Prayer by the Rev. Mr. Pettigrew, of the Disciples' Church. The resolutions submitted by Mr. Willey, on the 16th ultimo, being the unfinished business, were taken up, and pending the further consideration thereof, the hour arrived for the execution of the order of the day. In pursuance of said order the Convention resolved itself into a Committee of the Whole, Mr. Southall in the chair, after some time passed in Committee of the Whole, the President resumed the chair, and Mr. Southall reported that the Com- mittee had made some progress with the matter referred to them, but had come to no final conclusion thereupon. Mr. Karly presented a substitute for the report of the Com- mittee on Federal Relations, which, on his motion, was ordered to be printed. On motion of Mr. Echols, the Convention adjourned. 130 JOTRXAT, OF THE roxVEN'TIOX, FianvY, April 5. 1S61. The Conveiilion assembled at 10 oVlock, A. M. Prayer by the Rev. Mr. W.alkkk, of the Baiitist Church. The rt'snlutious submitted by Mr. Willf.y, on the 10th ult., M'ith the ameiidmeuts proposed thereto, being the unfinished business, were taken up, and after the further consideration thereof, Mr. Sr.ArGHTER moved that the resolutions and proposed amendments be laid upon the table. The question being put, was derided in tlie negative — yeas 54; nays 73. On motion of Mr. Willky, the vote was recorded avS follows: The names of those who voted in the aflirmative are — Messrs. William M. Ambler, Angus R. BlaUey, George Blow, Jr. James Boisseau, Peter B. Borst, Wood Boulditi, Thomas Branch, George W. Brent, James C Bruce, John A. Carter, John R. Chambliss, Raphael M. Conn, Miers W. Fisher, Thomas S. P^lournoy, .Samuel ]\r. Garland, Peyton Gravely, John Goode, Jr. Addison Hall, Allen C. Hammond, Lewis E. Harvie, James P. Holcombe, Eppa Hunton, Lewis D. Isbell, Robert C. Kent, John R. Kilby, Walter D. Leake, Charles K. Mallory, Messrs. James B. Mallorv, James Marshall, John Q.. Marr, John Ti. Marye, Sr. Horatio G. Moffet, Robert L, Montague, Edmund T. Morris, William J. Neblett, Hugh ^I. Nelson, George W. Randolph, Robert E. Scott, William C. Scott, John T. Seawell, Charles? R. Slaughter, V'alentine W. Southall, John M. Speed, James M. Strange, William T. Sutherlin, John T. Thornton, William M. Tredway, Robert H. Turner, John Tyler, Edward Waller, William WHiite, Robert H. Whitfield, Williams C. Wickham, Sam'l C. Williams— 54. JOURNAL OF THE COXVEXTIOX. 1 37 The names of those who voted in the negative are — Messrs. Jolm Janney, (Prcs't) Messrs. Chester D. Hnbbard, Edward M. Aruistrong, John N. Hnghes, William [i. Aston, George W. Hull, Alhed AJ. l3arhoiir, John J. Jackson, (jeorge IJaylor, Peter C. Johnston, George W. IJeilin, James Lawson, Caleb l3oiigess, John F. l^ewis, William \\ . Hoyd, William MrComas, ^Villl;tm (i. lirown, .lames C. .Mf^Crew, Jt)hn S. Hiirdett, Paul MfNeil, James Bmiey, Hem-y H. Masters, Benjamin W. Byrne, Jeremiah Morton, John A. Cam))l>L'll, .Saimiel M?l). Mnore, Jolm JS. Carlib', Johnson Orrick, William V Cecil, l,(»g:m Oshnrn, Manilins Chapman, William C. Parks, JSherrard Clemens, Spicer Patrick, .San)Uel A. Cotl'man, (leorge McC. l*orter, C. B. Conrad, Wni. Ballard Preston, Ilohcrt Y. Conrad, Samin'l |*rice, James II. Conch, l>)avid Pngli, W. II. B. Custis, John I). Sharj.. Marshall M. Dent, Jam<'s W. Shrilly, Harvey Deskins, Thomas Siilingtnn, Jubal A. lOarly, Burwell S| unlock, John I'Jchols, Samnel (J. Staples, iS'ap.ileon B. French, Alex. II. H. Smart, (.'olbert C. Fiigatc, Chapman J. Stnart, H. li. (lillespie, (Icorge W. Snmmers, Samuel I,. Ciraham, Campbell 'Parr, Algernon S. Gray, George P. 'Payloe, VVilliam L. Goegin, Franklin P. Turner, F. L. Hale, ' Waitman 'P. Wdley, Cyrns Hall, Benjamin Wilson,' Ephraim B. Hall, Saninel Woods, Alpheus F. Haymond, Benj. F. Wysor — 7.'3. James W, Hoge, The hour having arrived for the execution of the order of the day, the Convention, in pni-suance of said order, resolved itself into a Committee of the Whole, Mr. Southall in the chair. After some time passed in Committee of the Whole, the Prdsi- DEXT resumed the chair, and Mr. Sothall reported that the Committee had made some progress with the matter referred to them, but had come to no final conclusion thereupon. On motion of Mr. Staplf.s, the <'onvention adjourned. 138 JOURNAL OF THE COXVEXTTOX. Saturdaa', April 6, 1861. The Convention assembled at 10 o'clock 4 M IVayer by the Rev. Mr. Walker, of the Baptist Ch.irch. Mr. BouLDix presented a report of the proceedings of a meet- mg held HI the county of Charlotte, which was read\nd ordered to be referred to the Comnnttee on Federal Relations Nnl'ii "?'"''''"/ presented two memorials from the con nty of Norfolk, askmg for the passage of an Ordinance of Secession m F d^M VT r' "^^ "■'^^^^' ^" ^^ '-^^^^^^d '^ ^he Co^n tt e on t' cueral Relations. Mr. .TnnxsoN- presented a memorial from citizens of the city sim^ wl'"7 ' '''""! '"' '!'^ ^'''''''^^ ^^ ^'' Ordinance of Seces^ ^o^l^^Feder^i^Sr' "'^^^" " '^^ '''^''^' '^ ''^ ^-^-^- Mr Macfari AND presented a resolution adopted by a meetin- itself mtoTr"" ""^l^'' ''I'^T ""^ '^"'- '^"^y ^''« ^^'^"vention resolved Vtev no tf '"'"'"''7' '';? ^^'"^'"' '^^'•- '^^'^-THALL in the chair. Altei some tnne passed in Committee of the Whole the Prfsi then 1 T ' "'^^^^^-^^r P'-'^g'-^^^ ^vith the matter referred to them but had come to no final conclusion thereupon. iVJr. 1 RESTON submitted the following preamble and resolution: .i.e H:i-c:;j;:d'!;:;;r;;;;""^!;;^r^ ••- .mcenainty which prevails in towL the ertMleVs ates'^rsev.Pp''1' '!"^. ^•■"^■•^' ^"vernnu.nt intet.ds to pursue ir.terests of the iomUry timls , k !'f '"J"'"'"' '" ''"' '"^'"^"•''^l ^"^ commercial the adi^.stme t of no„;i;. pursue in re- nes^swH^^i^'n"^^' '■''''''^, ^j^l^'^^^tJon of order, viz: "that no busi- on the I i nn "■ ""'•' l^'l ^^^^'"^''^"■^- •^obuntK-d by Mr. Willev d st^ot 1 o T\ '"^'^ ' the amendments proposed thereto, were disponed ol, which point of order the Presiokxt overniled. Mi.h.ARLY raised a tpiestion of order, viz: ''that it is not -mpetetu to consider the preamble and re'solution ul m tted y den R^hT""' '''^''?"^ ^'r *''-^'-S'"^' the Connnitfee on iv deial Relations, which the President also overruled. JOURXAL OF THE COX^TJNTION. 139 Mr. Caulile moved that tlie Convention adjourn, which was negatived. Mr. Carlii.e moved to amend the preamble by inserting after the word '^States," the f^)llowing: ''And as to the poHcy which the seceded States intend to pursue towards the General Govern- ment," and the question being put, was derided in the negative. Mr. Carlile moved to aniend the resolution by adding thereto the following: "And that a hke Cominiltee be appointed to wait upon the seceded States, and report to this (Convention what policy they intend to pursue towards the General Government;" and the question being put, was decided in the negative. Mr Makk called the previous question, which was seconded, and pending the further consideration thereof, On motion of Mr. Dopman, the Convention adjourned. JOURNAL OF THE COXVEXTIOX. 157 i 'i Saturday^ April 13, 1861. The Convention assembled at 10 o'clock, A. M. Prayer by the Rev. Mr. Bosserman, of the Universali^t Church. Mr. Wise presented two propusitions, (Plan No. I. and Plan No. II.,) to be severally proposed by hiin as substitutes for the entire report of the Committee on Federal Relations; which, on his motion, were ordered to be printed, and referred to the Com- mittee of the Whole. Mr. Speed presented an amendment, by way of addition, to the entire report of the Committee on Federal Relations, which, on his motion, was ordered to be printed, and referred to the Committee of the Whole. Mr. Parks presented a memorial from citizens of the county of Grayson, asking for the passage of an ordinance of imme- diate secession, which was ordered to be referred to the Com- mittee on Federal Relations. Mr. Campbell presented similar niemorials, and also a re- monstrance from citizens of the county of Washington, which were ordered to be referred to the same Committee. Mr. Wise, by general consent, withdrew his appeal from the decision of the Chair, upon the question of order raised, yester- day, by Mr. Morris. The President presented a communication from the Execu- tii-^e of the Commonwealth, transmitting the following telegram from the Governor of South Carolina: Charleston, S. C, April 12, 1861. Covernor Letcher, — Your telegram is received. It is true, and still continues. No damage done to any one on our side, or to our works. Great damage to Fort Sumter. F. \V. PICKENS. The resolution submitted by Mr. Price, on yesterday, being the unfinished business, was taken up. Mr. Wise moved a call of the House, to ascertain if a quorum was present. The roll was called and the following members responded: Messrs. John Janney, (Pres't) Messrs. Eppa Hunton, Wm. M. Ambler, Lewis D. Isbell, Edward M. Armstrong, John J. Jackson, WiUiamB. Aston, Peter C. Johnston, John B. Baldwin, Robert C. Kent, Al fired M. Barbour, James Lawson, James Barbour, Walter D. Leake, 158 JOURNAL OF THE CONVENTION. Messrs. George W. Berlin, Angus R. Blakey, George Blow, Jr. Caleb Boggess, Peter B. Borst, William W. Boyd, Thomas BrancFi, George W. Brent, William G. Brown, James C. Bruce, John S. Biirdett, James Burley, Benjamin W. Byrne, Frederick M. Cabell, John A. Campbell, John S. Carlile, John A. Carter, William P. Cecil, John R. Chambliss, Manilius Chapman, Sherrard Clemens, • Samuel A. Coffman, Raphael M, Conn, C. B. Conrad, Robert Y. Conrad, James H. Couch, John Critcher, W. H. B. Custis, Marshall M. Dent, Harvey Deskins, Colbert C. Fugate, Sanuiel M. Garland, H. L. Gillespie, Samuel L. Graham, Peyton Gravely, William L. Goggin, John Goode, Jr. Thomas F. Goode, F. L. Hale, Ephraim B. Hall, Allen C. Hammond, Alpheus F. Haymond, James P. Holcombe, J. G. Holladay, Chester D. Hubbard, John N. Hughes, George W. Hull, Messrs. John F. Lewis, William McComas, James C. McGrew, James B. Mallory, James Marshall, John Q. Marr, John L. Marye, Sr. Henry H. Masters, Fleming 13. Miller, Horatio G. Moffett, Edmund T. Morris, Jeremiah Morton, Samuel McU. Moore, Hugh M. Nelson, Logan Osburn, William C. Parks, Spicer Patrick, Edmund Pedleton, George McC. Porter, Samuel Price, David Pugh, George W. Richardson, Timothy Rives, John D. Sharp, James W. Sheffey, Thomas Sitlingtnn, (yharles R. Slaughter, Valentine W. Southall, John M. Speed, Burwell Spurlock, Samuel G. Staples, Chapman J. Stuart, James M. Strange, Campbell Tair, George P. Tayloe, Robert H. Turner, John Tyler, Edward Waller, William White, Robert H. Whitfield, Williams C. Wickham, Waitman T. Willey, Samuel C. Williams, Benjamin Wilson, Henry A. Wise, Benj. F. Wysor, JOURNAL OF THE CONVENTION. 259 A quorum being present, On motion of Mr. Wise, all further proceedings under the call were dispensed with. The hour having arrived f ^r the execution of the order of the day, tlie Convention resolved itself into a Committee of the Whole, Mr. South all in the chair. After some time passed in Committee of the Whole, the President resumed the chair, and Mr. Southall reported that the Committee had made some progress with the matter referred to them, but had come to no conclusion thereupon. The President presented the following communication from the Executive of the Commonwealth: Executive Department, ) April 13, 1861. S Grntlemsn of the Cnnventinn, — Since your adjournment, this mornine;, 1 have re- ceived another dispatch from liis Excellency, Governor Pickens, which is here- with communicated. I consider it a duty, to communicate any dispatch that may he sent to mc, by the Governor of a State. In reply to the inquiry with which the dispatch closes, I have replied, "the Convention now in session will determine what Virginia will do." Respectfully. JOHN LETCHER. The telegram was read for the information of the Convention, as follows: Charleston, S. C, April 13, 1861. To Governor Letcher: I received yoiir telc2;ram. It is true Fort Sumter was bombarded all day yes- terday, after refusing to evacuate, and four vessels were off the bar, with troops and supplies waiting" the tide to come in, and the fort was in signal with them. President Lincoln sent a special messenger, and informed me in writing, that supplies would be put in, but aslved no reply. Not a man at our batteries has been hurt, though the fort was furious in its fire on us. Our iron battery did great damage to the fort at the south wall. Our shells fall freely in the fort, it is not exactly known with what etfect; it is supposed serious, as they are not firing this morning. Our Enfield battery dismounted three of his largest colum- biads. We will take the fort, and can keep sixteen mortars, ten inch, all the time on it, besides heavy guns that will give no peace night nor day. We can sink the fleet if they attempt the channeL If they land elsewhere, we can whip them. 1 have here, now, near seven thousand of the best troops in the world, and a reserve of ten thousand on our rail roads. The war is commenced, and we will triumph or perish. This is my answer to you. Please let we know what will Virginia do. I telegraph you cordially. ^ ^ PICKENS. Mr. Speed presented a report of the proceedings of a meeting held in the county of Campbell, which were ordered to be re- ferred to the Connnittee on Federal Kelations. On motion of Mr. Baldwin, the Convention adjourned. JOURNAL OF THE COMMITTEE OF THE WHOLE. 17 Messrs. Charles R. Slaughter) Valentine W. 8authall, John M. Speed, Burwell Spurlock, Alex. H. H. Stuart, Chapman J. Stuart, George W. Summers, Campbell Tarr, George P. Tayloe, William M. Tredway, Edward Waller, Robert H. Wliitfipid, Waitman T. Willey, Benjamin Wilson — 74. Messrs. Thomas Maslin, Horatio G. MofFett, Samuel McD. Moore, Johnson Orrick, Logan Osburn, Spicer Patrick, Edmund Pendleton, Wm. Ballard Preston, Samuel Price, David Pugh, Timothy Rives, Robert E. Scott, William C. Scott, John D. Sharp, Thomas Sitlington, Mr. Fisher moved to amend the said resolution, by striking out the words, 'Uhe people of each State agreed to associate with the people of the other States upon a footing of exact equality," and inserting in hen thereof, ''each State acceded as a State, and is an integral party, and its co-States forming, as to itself, the other party." The question being put, was decided in the negative — yeas 14; nays 113. On motion of Mr. Cox, of Chesterfield, the vote was recorded as follows: The names of those who voted in the affirmative are — Messrs. Angus R. Blakey, Messrs. .Tohn Goode, Jr. James Boisseau, Ra])hacl M. Conn, Richard H. Cox, Miers W. Fisher, Samuel L. Graham, Fendall Gregory, Jr. Lewis D. Isbell, Robert C. Kent, Robert L Montague, Edmund T. Morris, Henrv A. Wise, Samuel Woods — 14. The names of those who voted in the negative are — Messrs. .Tohn Janncy, (Prcs't) Messrs. Marmaduke Johnson, Wm, M. Ambler, Edward M. Armstrong, William B. Aston, John B. Baldwin, Alfred M. Barbour, George Baylor, George W. Berlin, George Blow, Jr. Caleb Boggess, Peter B. Borst, Peter C. Johnston, John R. Kilby, James Lawson, John F. Lewis, William McComas, .lames C. McGrew, Paul McNeil, Charles K. Mallory, James B , JMallor y, James Marshall, 18 JOURNAL OF THE COMMITTEE OF THE WHOLE. Messrs. William W. Boyd; Thomas Branch, George W". Brent, William G. Brown, James C. Bruce, John S. Burdett, James Burley, Benjamin W. Byrne, Frederick M. Cabell, John A. Campbell, Allen T, Caperton, John S. Carlile, John A. Carter, John R. Chambliss, Manilius Chapman, Samuel A. Coftman, C. B. Conrad, Robert Y. Conrad, James H. Cox, James H. Couch^ John Critcher, W. H. B. Custis, Harvey Deskins, James B. Dorman, William H. Dnlany^ Jubal A. Early, John Echols, Thomas S. Flournoy, Napoleon B. French, Colbert C. Fngate, Samuel M. Garland, H. L. Gillespie, Peyton Grav^ely, Algernon S. Gray, William L. Goggin, Thomas F. Goode, Ephraim B. Hall, Allen C. Hammond, Alpheus F. Haymond, James W. Hoge, J. G. Holladay, Chester D. Hubbard, John N. Hughes, George W. Hull, Eppa Hunton, John J. Jackson, The first resolution was then adopted Messrs. John Q. Marr, John L. Marye, Sr. Thomas Maslin, Henry H. Masters, Fleming B • Miller, Horatio G. Moffet, Jeremiah Morton, Samuel McD. Moore, William J. Neblett, Johnson Orrick, Logan Osbiirn, William C. Parks, Spicer Patrick, George McC. Porter, Wm. Ballard Preston, Samuel Price, David Pugh, Timothy Rives, Robert E. Scott, William C. Scott, John T. Seawell, John D. Sharp, James W. Sheffey, Thomas Sitlington, Charles R. Slaughter, Valentine W. Southall, John M. Speed, Burwell Spurlock, Samuel G. Staples, Alex. H. H. Stuart, Chapman J. Stuart, James M. Strange, George W. Summers, William T. Sutherlin, Campbell Tarr, George P. Tayloe, John T. Thornton, William M. Tredway, Robert H. Turner, Franklin P. Turner, Edward Waller, Robert H. Whitfield, Waitman T. Willey, Benjamin Wilson, Benj. F. Wysor— 113. JOURNAL OF THE COMIIITTEE OF THE WHOLE. 19 Mr. Wise moved to amend the second resolution bv inserting after the word ^; exists," in the second h-ne,the following words'' "and of the pohtical system of the United States " ' The question being "put, was decided iu the ^"leffative— veas 3/ ; nays 90. ° ^ On motion of Mr. Woods, the vote M^as recorded as follows: The names of those who voted in the affirmativ Messrs. James Barbour, Angus R. Bhikey, James Boisseau, Peter B. Borst, Thomas Brancli, Frederick M. Cabell, John R. Chambliss, Manilius Chapman, Samuel A. Coifman, Raphael M. Conn, Richard H. Cox, Miers W. Fisher, William W. Forbes, Samuel M. Garland, Samuel L. Graham, Feudal 1 Gregory, Jr. John Goode, Jr. Fppa Hunton, Lewis D. Isbell, 'e are — Messrs. Robert C. Kent, John J. Kindred, James Lawson, Fleming B. Miller, Robert L. Montague, Edmund T. Morris, Jeremiah Morton, William J. Neblett, William C. Parks, George W. Richardson, John T. Seawell, James VV. Sheffey, John M. Speed, James M. Strange, Franklin P. Turner, Robert H. Whitfield, Henry A. Wise, Samuel Woods— 37. The names of those who voted in the negative are- Messrs. John Janney, (Prcs't) Messrs. George AV. Hull, Edward M. Armstrong, William B. Aston, John B. Baldwin, Alfred M. Barbour, George Baylor, George W. Berlin, George Blow, Jr. Caleb Boggess, William W. Boyd, George W. Brent, William G. Brown, James C. Bruce, John S. Burdett, James Burley, Benj. W. Byrne, John A. Campbell, John J. .lackson, Marmaduke Johnson, Peter C. Johnston, John R. Kilby, John F. Lewis, William McComas, James C. McGrew, Paul McNeil, Charles K. Mallory, James B. Mallory, James Marshall, John Q,. Marr, John L. Marye, Sr. Thomas Ahislin, Hemy H. Masters, Horatio G. MofTett, 20 JOURNAL OF THE COMMITTEE OF THE WHOLE. Messrs. Allen T. Caperton, John S. Carlile, John A. Carter^ C. B. Conrad, Robert Y. Conrad, James H. Couch, James H. Cox, John Critcher, W. H. B. Custis, Harvey Deskins, James B. Dorman, William H. Dulany, Jnbal A. Early, John Echols, Thomas S. Flournoy, Napoleon B. French, Colbert C. Fngate, H. L. Gillespie, Peyton Gravely, Algernon S. Gray, William L. Goggin, Ephraim B. Hall, Allen C. Hammond, Alpheus F. Hayniond, James W. Hoge, J. G. HoUaday, Chester D. Hubbard, John N. Hughes, Messrs. Samuel McD. Moore, Johnson Orrick, Logan Osburn, Spicer Patrick, George McC. Porter, Wm. Ballard Preston, Samuel Price, David Pugh, Timothy Rives, Robert E. Scott, William C. Scott, John D. Sharp, Thomas Sitlington, Charles R. Slaughter, Valentine W. Southall, Bur well Spurlock, Samuel G. Staples, Alex. H. H. Stuart, Chapman J. Stuart, George VV. Summers, William T. Sutherlin, Campbell Tarr, George P. Tayloe, John T. Thornton, William M. Tredway, Edward Waller, Waitman T. Willey, Benj. F. Wysor— 9D. The second resolution was then adopted. On motion of Mr. Jackson, the Committee rose. JOUENAL OF THE COMMITTEE OF THE WHOLE. 21 ^1 Thursday, April 4, 1861. The consideration of the report of the Committee on Federal KeJations was resumed. euerdi The third resolution was read and adopted Commitfee^ri;:.^ '' "'^"^" ^^^^ '' ^'^^°^^^' ^'^ --^^ that the dei^tstill'^irV^-^'- ®°''''""^.^.') "^^^^ '^^ ^^^tion ontof or- dei, basing the decision upon his construction of a resolution adopted in Convention on the 23d ult i'^t,uiuuon On motion of Mr. Price, the vote was recorded as follows: The names of those who voted in the affirmative are- Messrs. .Tohn Janney, (Preset) Messrs William 13. Aston, Alfred M. Barbour, George Baylor, George \V. Berlin, George Blow, Jr. Caleb Boggess, Wood Bouldin, William W. Boyd, Thomas Branch, George W. Brent, William G. Brown, John S. Burdett, Benjamin W. Byrne, John A. Campbell, Allen T. Caperton, John S. Carlile, John A. Carter, Manihus Chapman, C. B. Conrad, Robert Y. Conrad, James H. Conch, James H. Cox, Joim Critcher, W. H. B. Custis, Marshall M. Dent, Harvey Deskins, James B. Dorman, John .1. Jackson, Marmaduke Johnson, Peter C. Johnston, John R. Kilby, John F. Lewis, William Mc Comas, James C. McGrew, Paul McNeil, William H. Macfarland, Charles K. Mallory, James B. Mallory, James Marshall, John Q,. Marr, Henry H. Masters, Horatio G. JMoffett, Samuel McD. Moore, Hugh M. Nelson, Logan Osburn, William C. Parks, Spicer Patrick, Edmund Pendleton, George McC. Porter, Wm. Ballard Preston, Samuel Price, David Pugh, Robert E. 8cott, John D. Sharp, James W. Shelfey, 22 JOURNAL OF THE COMMITTEE OF THE WHOLE. Messrs. Jiibal A. Early, John Echols, Thomas S. Floiirnny, Napoleon B. French, Colbert C. Fngate, Samuel M. Garland, H. L. Gillespie, Peyton Gravely, William L. Goggin, Addison Hall, Ephraim B. Hall, Allen C. Hannnond, Alpheus F. Ilaymond, James VV. Hogc, Chester D. Hubbard, Messrs. Thomas Sitlington, Charles R. Slaughter, Burwell Spurlock, Samuel G. Staples, Alex. H. H. Stuart, Chapman J. Stuart, George W. Summers, William T. Sutherlin, Campbell Tarr, George P. Tayloe, Edward Waller, Robert H. Whitfield, Williams C. Wickham, W. T. Willey— So. The names of those who voted in the negative are- Messrs. William M. Ambler, James Barbour, Angus R. Blakey, James Boisscau, Peter B. Borst, James C. Bruce, William P. Cecil, Samuel A. Coffman, Raphael M. Conn, Richard H. Cox, Miers W. Fisher, Samuel L. Graham, John Goode, Jr. Cyrus Hall, L. S. Hall, Lewis E. Harvie, James P. Holcombe, John N. Hughes, Eppa Hunton, Lewis D. Isbell, Robert C. Kent, John J. Kindred, Messrs. James Lawson, Walter D. Leake, John li. Marye, Sr. Robert L. Montague, Edmund T. Morris, Jeremiah Morton, William J. Neblett, Johnson Orrick, George W. Randolph, George W. Richardson, John T. Seawell, John M. Speed, James M. Strange, John T. Thornton, William M. Tredway, Robert H. Turner, Franklin P. Turner, John Tyler, Benjamin Wilson, Henry A. Wise, Samuel Woods, Benj. F. Wysor— 44. ■ Mr Wise moved to amend the fourth resolution of the report of the Committee on Federal Relations, by striking out the word ^'United" from the third line, and inserting m hen thereof the word '' several." The question being put, was decided m the affirmative— yeas 6S; nays 66. JOURNAL OF THE COMMITTEE OF THE WHOLE. 23 On motion of Mr. Seawell, the vote was recorded as follows: The names of those who voted in the affirmative are — Messrs. William M. Ambler, James Barbour, Angus R. Blakey, George Blow, Jr. James Boisseau, Peter B. Borst, Wood Bouldin, William W. Boyd, James C. Bruce, Allen T. Capcrton, William P. Cecil, Manilius Cha)>man, Samuel A. Coffman, Raphael M. Gonn, C. B. Conrad, Richard H. Cox, Harvey Deskins, James B. Dorman, John Echols, Miers W. Fisher, Thomas S. Flournoy, Samuel M. Garland, H. L. Gillespie, Samuel L. Graham, John Goode, Jr. F. L. Hale, Cyrus Hiill, L. S. Hall, Allen C. Hammond, Lewis E. Ha r vie, James P. Holcombe, Eppa Hunton, Lewis D. Isbell, Robert C. Kent, Messrs. John R. Kilby, John J. Kindled, James Lawson, Walter D. Leake, William H. Macfarland, Charles K.Mallory, John Q. Marr, John L. Marye, Sr. Robert L. Montague, Edmund T. Morris, Jeremiah Morton, William J. Neblett, Johnson Orrick, William C. Parks, Wm. Ballard Preston, George W.Randolph, George W. Richardson, John T. Seawell, James W. Shcffey, Charles R. Slaughter, Valentiue W. Southall, John M. Speed, James M. Strange, William T. Sutherlin, John T. Thornton, William M. Tredway, Robert H. Turner, Franklin P. Turner, John Tyler, Robert H. Whitfield, Benjamin Wilson, Henry A. Wise, Samuel Woods, Benj. F. Wysor— 68. The names of those who voted in the negative are — Messrs. John Janney, (PresH) Messrs. Marmaduke Johnson, William B. Aston, Peter C. Johnston, Alfred M. Barbour, John F. Lewis, George Baylor, William McComas, George W. Berlin, James C. McGrew, Caleb Boggess, Paul McNeil, Thomas Branch, James B. Mallory, 24 JOURNAL OF THE COMMITTEE OF THE WHOLE. Messrs. George W. Brent, William G. Brown, John S. Burdett, Benjamin W. Byrne, John A. Campbell^ John S. CarHle, John A. Carter, Robert Y. Conrad, James H. Couch, James H. Cox, John Critcher, W. H. B. Custis, Marshall M. Dent, Jubal A. Early, Napoleon B. French, Colbert C. Fngate, Peyton Gravely, Algernon S. Gray, William li. Goggin, Addison Hall, Ephraim B. Hall, Alphens F. Haymond, James W. Hoge, Chester D. Hnbbard, John N. Hughes, John J. Jackson, Messrs. James Marshall, Henry H. Masters, Horatio G. Motfett, Samuel McD. Moore, Hugh M. Nelson, Logan Osburn, Spicer Patrick, Edmund Pendleton, George McC. Porter, Samuel Price, David Pugh, * Robert E, Scott, William C. Scott, John D. Sharp, Thomas Sitlington, Burwell Spurlock, Samuel G. Staples, Alex. H. H. Stuart, Chapman J. Stuart, George W. Summers, Campbell Tarr, George P. Tayloe, Edward Waller, William White, Williams C. Wickham, W. T. Willey— 66. On motion of Mr. Wise, the resolution was further amended so as to cause the first seven lines to read as follows: "4. The Territories of the United States constitute a trust to be administered by the General Government for the common benefit of the people of the several States, and any policy in respect to such Territories calculated to confer greater benefits on the people of one or more of the States, than on the people of the other States is contrary to equality and prejudicial to the rights of some for whose equal benefit the trust was created." Mr. Morton moved to amend the resolution further, by striking out the following clause: "If the equal admission of slave labor and free labor into any Territory, ex" cites unfriendly conflict between the systems, a fair partition of the Territories ought to be made between them, and each system ought to be protected within the limits assigned to it, by the laws necessary for its proper development." The question being put, was determined in the negative — yeas 38; nays 91. On motion of Mr. Coxrad, of Frederick, the vote was re- corded as follows: The names of those who voted in the affirmative are — Messrs. Wm. M. Ambler, Messrs. Lewis E. Harvie, James Barbour, James P. Holcombe, JOURNAL OF THE COMMITTEE OF THE WHOLE. 25 Messrs. Angus R. Blakej, James Boisseau, Peter B. Borst, John S. Carlile, William P. Cecil, Maniliiis Cliapman, Samuel A. CofFinan, Raphael M. Conn, James H. Cox, Richard H. Cox, Miers VV". Fisher, Samuel JM. Garland, Samuel L. Graham, John Goode, Jr. F. L. Hale, Cyrus Hall, L. S. Hall, Messrs. Eppa Hunton, Lewis D. Isbell, Robert C. Kent, John J. Kindred, Walter D. Leake, Robert L. Montague, Edmund T. Morris, Jeremiah Morton, William J. Ncblett, George W. Randolph, George W. Richardson, John T. Seawell, James M. Strange, John T. Thornton, Robert H. Turner, Henry A. Wise, Samuel Woods — 3S. The names of those who voted in the negative are — Messrs. John Janne^^, ( Prcst.) Messrs, William B. Aston, Alfred M. Barbour, George Baylor, George W. Berlin, George Blow, Jr. Caleb Boggess, Wood Bouldin, William W. Boyd, Thomas Branch, George W. Brent, William G. Brown, James C. Bruce, John S. Bnrdett, Benjamin W. Byrne, John A. Campbell, Allen T. Caperton, John A. Carter, C. B. Conrad, Robert Y. Conrad, James H. Couch, John Critcher, W. H. B. Custis, Marshall M. Dent, Harvey Deskins, James B. Dorman, Jubal A. Early, James C. McGrew, Paul McNeil, William H. Macfarland, Charles K. Mai lory, James B. Mallory, James Marshall, John a. Marr, John L. Marye, Sr. Henry H. Masters, Horatio G. Moffett, Samuel McD. Moore, Hugh M. Nelson, Johnson Orrick, Logan Osbnrn, William C. Parks, Spicer Patrick, Edmund Pendleton, George McC. Porter, Wm. Ballard Preston, Samuel Price, David Pugh, Robert E. Scott, William C. Scott, John D. Sharp, James W. Sheffey, Thomas Sitlington, Charles R. Slaughter, 26 JOURNAL OF THE COMMITTEE OF THE WHOLE. Messrs. John Echols, Thomas S. Flournoy, Napoleon B. French, Colbert C. Fugate, H. L. Gillespie, Peyton Gravely, Wilham L. Goggin, Addison Hail, Ephraim 13. Hall, Allen C. Hammond, Alphens F. Haymond, James W. Hoge, Chester D. Hubbard, John N. Hughes, Marmaduke Johnson, Peter C. Johnston, John R. Kilby, John F. Lewis, William McComaSj Messrs. Valentine W. Sonthall, John M. Speed, Burwell Spurlock, Saranel G. Staples, Alex. H. H. Stuart, Chapman J. Stuart, George W. Sunnners, William T. Sutherlin, Campbell Tarr, George P. Tayloe, William M. Trcdway, Frank'lin P. Turner, John Tyler, Edward Waller, Robert H. Whitfield, Williams C. Wickham, Waitman T. VVilley, Benj. Wilson— 91. The fourth resolution, as amended, was then adopted. ]Mr. Flournoy moved to amend the fifth resolution by stri- king out from the 9th and lOth lines, the words, ''and to aid in suppressing domestic insurrection." The question being put, was decided in tbe affirmative — yeas 68; nays 61. On motion of Mr. Goode, of Bedford, the vote was recorded as follows: The names of those who voted in the affirmative are — Messrs. William M. Ambler, William B, Aston, James Barbour, Angus R. Blakey, James Boisseau, Peter B. Borst, AVood Bouldin, William \V. Boyd, Thomas Branch, James C. Bruce, William P. Cecil, Manilius Chapman, Samuel A. Coffman, Raphael M, Conn, Richard H. Cox, John Echols, Miers W. Fisher, Messrs. Robert C. Kent, John R. Kilby, John J. Kindred, James Lawson, Walter D. Leake, James B. Mai lory, John Q,. Marr, John L. Marye, Sr. Robert L. Montague, Edmund T. Morris, Jeremiah Morton, Samuel McD. Moore, William J. Neblett, William C. Parks, George W. Randolph, George W. Richardson, John T. Seawell, JOURNAL OF THE COMMITTEE OF THE WHOLE. 27 Messrs. Thomas S. Flournoy, Messrs. Napoleon B, French, Colbert C. Fiigate, Samuel M. Garland, H. L. Gillespie, Samuel L. Graham, Peyton Gravely, John Goode, Jr. F. L. Hale, Addison Hall, Cyrus Hall, L. S. Hall, Lewis E. Harvie, James P. Holcombe, Ep])a Hunton, Lewis D. Isbell, Peter C. Johnston, James VV. Sheffey, Charles R. Slaughter, Valentine W. Southall, John M. Speed, James M. Strange, William T. Sutherlin, William M. Tredway, Robert H. Turner, Franklin P. Turner, John Tyler, Edward Waller, Robert H. Whitfield, Samuel C. Williams, Benjamin Wilson, Henry A. Wise, Samuel Woods, Benj. F. Wysor— 68. The names of those who voted in the negative are — Messrs. John .lanney, (Preset) Messrs. Edward M. Armstrong, Alfred M. Barbour, George Baylor, Caleb Boggess, George W. Breut, William G. Brown, John S. Burdett, James Burley, Benjamin W. Byrne, John A. Campbell, Allen T. Caperton, John S. Carlile, John A. Carter, C. B. Conrad, Robert Y. Conrad, James H. Couch, John Critcher, W. H,. B. Custis, Harvey Deskins, James B. Dorman, Jubal A. Early, Algernon S. Gray, William L. Goggin, Ephraim B. Hall, Allen C. Hammond, Alpheus F. Haymond, Marmaduke Johnson, John F. Lewis, William McComas, James C. McGrew, Paul McNeil, . William H. Macfarland, James Marshall, Henry H. Masters, Horatio G. Moffett, Hugh M. Nelson, Johnson Orrick, Logan Osbm'n, Spicer Patrick, Edmund Pendleton, George McC. Porter, Wm. Ballard Preston, Samuel Price, David Piigh, Robert E.'Scott, John D. Sharp, Thomas Sitlington, Burwell Spurlock, Sanuicl G. Staples, Alex. H. H. Stuart, Chapman J. Stuart, George W. Summers, Campbell Tarr, 28 JOURNAL OF THE COMMITTEE OF THE WHOLE. Messrs, James W. Hoge, Chester D. Hubbard, John N. Hughes, John J. Jackson^ Messrs. George P. Tayloe, Wilhams C. Wickham, Wait. T. Willey— 61. Mr. Speed moved to amend the resokition fiuiher, by adding thereto the words, "and ought not to be tolerated by a free people." The question being put was decided in the negative — yeas 53j nays 80. On motion of Mr. Montague, the vote was recorded as follows: The names of those who voted in the affirmative are — Messrs. Wm. M. Ambler, James Barbour, Angus R. Blakey, James Boisseau, Peter B. Borst, Wood Bouldin, Thomas Branch, WiUiam P. Cecil, Manilius Chapman, Samuel A. CofFman, Raphael M. Conn, Richard H. Cox, John Critcher, John Echols, Miers W. Fisher, Samuel L. Graham, John Goode, Jr., F. L. Hale, Addison Hall, Cyrus Hall, L. S. Hall, Lewis E. Harvie, James P. Holcombe, Eppa Hunton, Lewis D. Isbell, Marmaduke Johnson; Robert C. Kent, Messrs. John J. Kindred, James Lawson, Walter D. Leake, Wm. H. Macfluland, James B. Mallorj, John Q. Marr, John L. Marye, Sr. Robert L. Montague, Edmund T. Morris, Jeremiah Morton, WiUiam J. Neblett, George W. Randolph, George W. Ricliardson,, AVilliam C. Scott, John T. Seawell, James W. ShefTey, John M. Speed, James M. Strange, Robert H. Turner, Franklin P. Turner, John Tyler, Samuel C. Williams, Benjamin Wilson, Henry A. Wise, Samuel Woods, Benj. F. Wysor— 53. The names of those who voted in the negative are — Messrs. John Janney, (Prest.) Messrs. John N. Hughes, Edward M. Armstrong, John J. Jackson^ JOURNAL OF THE COMMITTEE OF THE WHOLE. 29 Messrs. William B. Aston, Alfred M. Barbour, George Baylor, George W. Berlin, George Blow, Jr. Caleb Boggess, William W. Boyd, George W. Brent, William G. Brown, James C. Bruce, John S. Burdett, James Burley, Benjamin W". Byrne, John A. Campbell, Allen T. Caperton, John S. Carlile, John A. Carter, C. B. Conrad, Robert Y. Conrad, James H. Couch, W. H. B. Custis, Marshall M. Dent, Harvey Deskins, James B. Dorman, Jnbal A. Early, Thomas S. Flournoy, Napoleon B. French, Colbert C. Fugate Sanuiel M. Garland, a. L. Gillespie, Peyton Gravely, Algernon S. Gray, William L. Goggin, Ephraim B. Hall, Allen C. Hammond, Alpheus F. Haymond, James W. Hoge, Chester D. Hubbard, Messrs. Peter C. Johnston, John R. Kilby, John F. ].e\vis, William McComas, James C. McGrew, James Marshall, Henry H. Masters, Horatio G. MotTett, Samuel McD. Moore, Hugh M. Nelson, Johnson Orrick, Logan Gsburn, William C. Parks, Spicer Patrick, Edmund Pendleton, George McC. Porter, Wm. Ballard Preston, Samuel Price, David Pugh, Robert E. Scott, John D. Sharp, Thomas Sitlin^ton, C^harles R. Slaughter, Valentine W. SouthalL Burwi'll Spurlock, Samuel G. Staples, Alex. H. H. Stuart, Chapman J. Stuart, George W. Summers, William T. Sutherlin, Campbell Tarr, George P. Tayloe, William M. Tredway, Edward Waller, William White, Robert H. Whitfield, Williams C. Wickham, W. T. Willey-SO. me l^edeial Government ccasinij to eYocnfn tlio tr,1of '/ jVu questinn being p,„, „a,. deci.le/i.uhe ,'"1!™ '"'''' ""^ *« tl.e ilfth ,"X;i„'n"?'i ','; •■"»<"'^l..l^F>'triki"S o.n the whole of 30 JOURNAL OF THE COMMITTEE OF THE WHOLE. On motion of Mr. CarlilE;, the vote was recorded as follows: The names of those who voted in the aiRrmative are — Messrs. William G. Brown, John S. Burdett, James Burley, John S. Carlile, Marshall M. Dent, Jubal A. Early, Chester D. Hubbard, Messrs. John N. Hughes, John J. Jackson, John F. Lewis, James C. McGrew, Spicer Patrick, George McC. Porter, Campbell Tarr— 14. The names of those who voted in the negative are — Messrs. John Janney, (PresH) Messrs. Wm. M. Ambler, E. M. Armstrong, William B. Aston, Alfred M. Barbour, James Barbour, George Baylor, Angus R. Blakey, George Blow, Jr. Caleb Boggess, James Boisseau, Peter B. Borst, Wood Bouldin, William W. Boyd, Thomas Branch, George W. Brent, James C. Bruce, Benjamin W. Byrne, John A. Campbell, Allen T. Caperton, William P. Cecil, Manilius Chapman, Samuel A. Coffman, Rajthael M. Conn, C. B. Conrad, Robert Y. Conrad, James H. Couch, Richard H. Cox, John Critcher, W. H. B. Custis, Harvey Deskins, James B. Dorman, John Echols, Miers W. Fisher, Peter C. Johnston, Robert C. Kent, John R. Kilby, John J. Kindred, James Lawson, Walter D. Leake, William McComas, Paul McNeil, Wm. H. Macfarland, James B. Mallory, James Marshall, John Q,. Marr, John L. Marye, Sr. Henry PL Masters, H(n-atio G. Moffet, Robert L. Montague, Edmund T. Morris, Jeremiah Morton, Samnel McD. Moore, William J. Neblett, Hugh M. Nelson, Johnson Orrick, Logan Osburn, William C. Parks, Wm. Ballard Preston, Samuel Price, David Pugh, George W. Randolph, George W. Richardson, Robert E. Scott, William C. Scott, John T. Seawell, James W. Sheffey, Thomas Sitlington, JOURNAL OF THE COMMITTEE OF THE WHOLE. 31 Messrs. Thomas S. Floiirnoy, Napoleon B. French, Colbert C. Fngate, Samnel M. Garland, n. L. Gillespie, Samuel L. Graham, Peyton Gravely, Algernon S. Gray, WiUiam L. Goggin, John Goode, Jr. F. L. Hale, Addison Hall, Cyrns Hall, L. S. Hall, Allen C. Hammond, Lewis E. Harvie, Alphens F. Haymond, .lames VV. Hoge, Jaiiiies P. Holcombc, George W. Hull, Eppa Hun ton, Lewis t). Ishell, Marmadnke Johnson, Messrs. Charles R. Slaughter, Valentine VV. Southall, John x\L Speed, Burwell Spurlock, Samuel G. Staples, Alex. H. H. Stuart, Chapman J. Stuart, George \V. Summers, William T. Sutherlin, George P. Tayloe, Wilhain M. Tredway, Robert H. Turner, Franklin P. Turner, John Tyler, Edward Waller, Robert H. Whitfield, Williams C. Wickham, AVaitman T. Willey, Samuel C. Williams, Benjamin Wilson, Henry A. AVise, Samuel Woods, Benj. F. Wvsor— 114. Negatived. The resolution was then adopted. Mr. Wilson moved that the Committee rise. Mr. Harvie moved to amend the sixth resolution, by striking out the wholcj and inserting the following: ^ > Resolved, That an ordinance resuming the powers delegated by Virginia to the Federal Government, and provision for submitting the same to the qualified voters of the Commonwealth for their adoption or rejection at the polls in tlie spring elections in May next, should be adopted by this Convention. Mr. GoGGiiv submitted an amendment to the proposed amend- ment, Mdiich he subsequently asked leaA^e to withdraw, but ob- jection being made, the question on granting leave was put, and decided in the affirmative. The question recurred upon the amendment submitted by Mr. Harvie, and being put, was decided in the negative — yeas 45; nays 89. On motion of Mr, Harvie, the vote was recorded as follows: The names of those who voted in the affirmative are — l<3 ^ Messrs. W. M. Ambler, James Barbour, Angus R. Blakey, James Boisseau, Messrs. John J. Kindred, James Lawson, Walter D. Leake, James B . Malloiy, 32 JOURXAL OF THE COiBriTTEE OF THE WHOLE. Messrs. Peter B. Borst, Wood Botildiii, Thomas Branch, WiUiani P. Cecil, Maiiilius Chapman, Raphael M, Conn, Richard H. Cox, JVliers W. Fisher, Samuel M. Garland, Samuel L. Graham, William L. Goggin, John Goods, Jr. F. L. Hale, L. S. Hall,- Lewis E. Harvie, James P. Holcombe, Eppa Hunton, licwis 1). Isboll, Robert C. Kent, Messrs. Robert L. Montague, Edmund T. Morris, Jeremiah Morton, William J. Neblett, George W. Randolph, George W. Richardson, William C. Scott, John T. Seawell, James W. Sheftey, John M. Speed, James M. Strange, Robert H. Turner, Franklin P. Turner, John 'I'ylcr, Samuel C. Williams, Henry A. Wise, Samuel Woods, Benj. F. Wysor— 45. The names of those who voted in the negative are- Messrs. John Jannoy, (Preset) Messrs. Ed'd M. Armstrong,! 'U WilHam B. Aston, Alfred .M. Barbour, George Baylor, George W. Berlin, George Hlow, Jr. Caleb Bogs^ess, William W. Boyd, George W. Brent, William G. Brown, James C. Bruce, John S. Burdett, James Burley, Benjamin W. Byrne, John A. Campbell, Allen T. Capi-rton, John S. Carlile, John A. Carter, Samuel A. Coffman, C. B. Conrad, Robert Y. Conrad, James H. Couch, John Critcher, W. H. B. Custis, Marmadnkf Johnson, Peter C. Johnston, John R. Kilbv, John F. liewis, . William Mc Comas, '^ James C. McGrev^ ' Paul .AlcXeil, William H. Macfarland, James Marshall, John Q.'Marr, John L. Marye, Sr. Thomas Maslin, Henry H. ^Masters, Horatio G. AlolTett, Samuel McD. Moore, Hugh M. Nelson, Johnson Orrick, Logan Osburn, William C. Parks, Spicer Patrick, Ednmnd Pendleton, George McC. Porter, Wm. Ballard Preston, Samuel Price, David Pugh, JOURNAL OF THE COMMITTEE OF THE WHOLE. 33 Messrs. Marshall M. Dent, Harvey Deskiiis, James 13. Dorman, Jubal A. Early, John Echols, Thomas S. Flournoy, Napoleon B. French, Colbert C. Fugate, H. L. Gillespie, Peyton Gravely, Algernon S. Gray, Addison Hall, Cyrus Hall, Ephraim B. Hall, Allen C. Hammond, Alpheus F. Haymond, James W. Hoge, Chester D. Hubbard, John N. Hughes, John J. Jackson, Messrs. Timothy Rives, Robert E. Scott, John D. Sharp, Thomas Siilmgton, Charles R. Slaughter, Valentine W. Southall, Burwell Spurlock, Samuel G. Staples, Alex. H. H. Stuart, Chapman J. Stuart, George W. Summers, William T. Sutherlin, Campbell Tarr, George P. Tayloe, William M. T red way, Edward Waller, Robert H. Whitfield, Williams C. Wickham, W. 'l\ Willey, Benj. Wilson— 90. On motion of Mr. Patrick, the Committee rose. 'l^ Friday, April 5, 1861. The consideration of the report of the Committee on Federal Relations was resumed. On motion of Mr. Critcher, the sixth resolution was amended by striking out the words "cast off obedience to" in the third line, and inserting in lien thereof, "dissolve their connection with." Mr. MooHE moved to amend the resolution further, by striking out the word "wrongs," in the second Hue, and inserting in lieu thereof the word "causes." The question being put, was decided in the negative — yeas 20; nays 107. On motion of Mr. Harvie, the vote was recorded as fdllows: The names of those who voted in the affirmative are — Messrs. George W. Berlin, Caleb Boggess, William G. Brown, John S. Burdett, Messrs. Peter C. Johnston, John F. Lewis, James C. McGrew, Henry H. Masters, 34 JOURNAL OF THE COMMITTEE OF THE WHOLE. Messrs. James Burley, John S. (Jarlile, Sherrard Clemens, C. B. Conrad, Marshall M. Dent, Jnbal A. Early,. Chester D. Hubbard, John N. Hughes, John J. Jackson, Messrs. Samuel McD. Moore, Spicer Patrick, George McC. Porter, William C. Scott, John D. Sharp, Campbell Tarr, William White, Waitman T. Willey, Benjamin Wilson — 26, The names of those who voted in the negative are- Messrs. John Jainiev, (Preset) Messrs. William M. Ambler, Edward M. Armstrong, William B. Aston, Alfred M. Barbour, James Barbour, George Baylor, Angus R. Blakey, George Blow, Jr. James Boisseau, Peter B. Borst, Wood Rouldin, William W. Boyd, Thomas Branch, George W. Brent, James C. Bruce, Benj. W. Byrne, John A. Campbell, John A. Carter, John R. Chambliss, Manilius Chapman, Samuel A. Coflman, Raphael M. Conn, Robert Y. Conrad, James H. Couch, Richard H. Cox, John Critcher, , W. H. B. Custis, Harvey Deskins, John Echols, Miers W. Fisher, Thomas S. Flournoy, Napoleon B. French, Colbert C. Fugate, Samuel M. Garland, Robert C. Kent, John R. Kilby, James Lawson, Walter D. Leake, William McComas, Panl McNeil, William H. Macfarland, Charles K. Mallory, James B. Mallory, James Marshall, John Q,. Marr, John L. Marye, Sr. Horatio G. MofTett, Robert L. Montague, Edmund T. Morris, Jeremiah Morton, William J. Neblett, Hugh M. Nelson, Johnson Orrick, Logan Osburn, William C. Parks, Edmund J^endleton, \\m. Ballard Preston, Samuel Price, David Pugh, George W. Randolph, Robert E. Scott, John T. Seawell, James W. ShefFey, Thomas Sitlington, Charles R. Slaughter, Valentine W. Southall, John M. Speed, Burwell Spurlock, Samuel G. Staples, JOURXAL OF THE COMMITTEE OF THE WHOLE. Messrs. H. L. Gillespie,, Samuel L. Graham, Peyton Gravely, Algernon S. Gray, William L. Goggin, John Goode, Jr. F. L. Hale, Addison Hall, Ephraim B. Hall, L. S. Hall, Allen C. Hammond, Lewis E. Ha r vie, Alpheus F. Haymond. James W. Hoge, James P. Holcombe, George W. Hnll, Eppa Hun ton, Lewis D. Isbell, Marmaduke Johnson, Messrs. Alex. H. H. Stuart, Chapman J. Stuart, James M. Strange, George W. Summers, William T. Sutherlin, George P. Tayloe, John^T. Thornton, William M. Tredway, Robert H. Tnrner, Franklin P. Turner, John Tyler, Edward Waller, Robert H. Whitfield, Williams C. Wickham, Samuel C. Williams, Henry A. Wise, Samuel Woods, Benj. F. Wysor— 107. Mr. SuTHERLiJV moved to amend the resolution further, by inserting after the word '^hope," in the sixth line, the words '^provided the authorities at Washington shall maintain peaceful relations with the seceded States." Mr. Sperd moved to amend the proposed amendment by add- ing thereto the following: "and not seek to accnmulate within the limits of any Southern State an amount of troops or muni- tions of war not required for purposes of external defence," and the question being put, was decided in the negative— yeas 61; nays 75. On motion of Mr. Sheffey, the vote was recorded as follows: The names of those who voted in the affirmative are — Messrs. William j\L Ambler, James Barbour, Angus R. Blakey, James Boisseau, Peter B. Borst, W^ood Bouldin, William P. Cecil, John R. Chambliss, Manilius Chapman, Samuel A. Cotfman, Raphael M. Conn, Richard H. Cox, John Echols, Miers W. Fisher, Messrs. Charles K. Mallory, James B. Mallory, John Q,. Marr, John L. Marye, Sr. Robert L. Montague, Edmund T. Morris, Jeremiah Morton, William J. Neblett, Johnson Orrick, William C. Parks, George W. Randolph, George W. Richardson, William C. Scott, John T. Seawell, 36 JOURNAL OF THE COMMITTEE OF TEE WHOLE. Messrs. Samuel M. Garland, Samuel L. Graham, William L. Goggiii, John Goode, Jr. F. L. Hale, Cyrus Hall, L. S. Hall, Allen C. Hammond, Lewis E. Harvie, James P. Holcombe, Eppa Hunton, licwis D. Isbell, Robert C. Kent, John J. Kindred, James Lawson, Walter D. Leake, Paul McNeil, Messrs. James W. ShefFey, Charles R. Slaughter, Valentine W. Southall, John M. Speed, Burwell Spurlock, James M. Strange, William T. Sutherlin, John T. Thornton, William M. Trod way, Robert H. Turner, Franklin P. Turner, John Tyler, Samuel C. Williams, Henry A. Wise, Samuel Woods, Benj. F. Wysor— 6L The names of those who voted in the negative are — Messrs. John Janney, (PresH) Messrs. Edward M. Armstrong, William IJ. Aston, Alfred M. Barbour, George Baylor, George W. Berlin, George Blow, Jr. Caleb Boggess, William W. Boyd, Thomas Branch, George W. Brent, William G. Brown, James C. Bruce, John S. Burdett, James Barley, Benjamin W. Byrne, John A. Campbell, John S. Carlile, John A. Carter, Sherrard Clemens, C. B. Conrad, Robert Y. Conrad, James H. Couch, John C rite her, W. H. B. Custis, Marshall M Dent, Harvey Deskiiis, James W. Hoge, Chester I). Hubbard, John N. Hughes, John J. Jackson, Marmaduke Joimson, Peter C. Johnston, John R. Kilhy, John F. Lewis, William McComas, James C. McGrew, William H. Mac furl and, James Marshall, Henry H. Masters, Horatio G Moffett, Samuel McD. Moore, Hugh jNI. Nelson, Logan Osburn, Spicer Patrick, Edmund Pendleton, George McC. Porter, Wm. Ballard Preston, Samuel Price, David Pugh, Robert b^ Scott, John D. Sharp, Thomas Siilington, Samuel G. Staples, JOURNAL OF THE COMMITTEE OF THE WHOLE. 37 Messrs. James B. Dorman, Jubal A. Early, Thomas S. Flnuriiny, Napoleon B. French, Colbert C. Fiigate, H. L. Gillespie, Peyton Gravely, Algernon 8. Gray, Addison Hall, Ephraim B. Hall, Alpheus F. Haymond. Messrs. Alex. H. H. Stuart, Chapman J. Stuart, George W. Summers, Campbell Tarr, George P. Tayloe, Edward Waller, William White, Williams C. Wickham, Waitman T. VVillcy, Benjamin Wilson — 75. The question recurred upon the amendment submitted by Mr. SuTiiERLiN, and beiug put, was decid.id in the negative. Mr. Carlile moved to amend the resolution further, by striking out the words "and lamenting the wrongs that have impelled some of the States to dissolve their connection with," and in- serting in lieu thereof the words ''caused by some of the States casting off their obedience to;" and the question being put was decided in the negative. Mr. BouLDiN moved to amend the resolution further, by striking from the sixth line the words "indulge the hope," and inserting in lieu thereof, "earnestly desire;" and the question being put, was decided in the affirmative — years 133; nays 5. On motion of Mr. Brown, the vote was recorded as follows: The names of those who voted in the afHrmative are — Messrs. John Janney, (PresH) Messrs. Edward M. Armstrong, William B. Aston, Alfred M. Barbour, James Barbour, George Baylor, Angus R. Blakey, George Blow, Jr. James Boisseau, Peter B. Borst, Wood Bouldin, William W. Boyd, Thomas Branch, George W. Brent, William G. Brown, John S. Burdett, James Burley, Benjamin W. Byrne, John A. Campbell, Allen T. Caperton, John R. Kilby, John J. Kiiidied, James Lawson, Walter D. Leake, John F. Lewis, William McComas, James C. McGrew, Paul McNeil, William H. Macfarland, Charles K. Mallory, James B. Mai lory, James Marshall, John Q. Marr, John L. Marye, Sr. Thomas Maslin, Henry H. Masters, Horatio G. Moffett, Robert L. Montague, Edmund T. Morris, Jeremiah Morton, 38 JOURNAL OF THE COMMITTEE OF THE WHOLE. Messrs. John S. Carlile, John A. Carter, WilHam P. Cecil, John R. Chambhss, ManiUus Cha])man, Sherrard Clemens, Samuel A. Coffman, Raphael M. Conn, C. B. Conrad, Robert Y. Conrad, James H. Couch, Richard H. Cox, John Crilcher, W. II. 13. Custis, Marshall M. Dent, Harvey Deskins, James 13. Dorman, Juhal A. Early, Jojni l'>,hols, Mwra W. Fisher, Tliomas S. Flournoy, Napoleon B. French, Colbert C. Fugate, Samuel M. Garland, H. L. Gillesjue, Sanuicl L. Graham, Peyton Gravely, William L. Goggin, John Goode, Jr. F. L. Hale, Addison Hall, Cyrus Hall, Ephraim B. Hall, L. S. Hall, Allen C. Hammond, Alpheus F. Haymond, James VV. Hoge, James P. Holcombe, Chester D. Hubbard, John N. Hughes, Eppa Hunton, Lewis D. Isbell, John J. Jackson, Marmaduke Johnson, Peter C. Johnston, Robert C. Kent, Messrs. Samuel McD. IMoore, Hugh M. Nelson, Johnson Orrick, Logan Osburn, William C. Parks, Spicer Patrick, Eduuind Pendleton, George McC. Porter, Wm. Ballard Preston, Samuel Price, David Pngh, George W.Randolph, George W. Richardson, Robert E. Scott, William C. Scott, John T. Sea well, John D. Sharp, James W. ShefFey, Thomas Sitlington, Charles R. Slaugliter, Valentine W. Soulhall, John M. 8j)eed, Burwell Spurlock, Samuel G. Staples, Alex. H. II. Stuart, Chapman J. Stuart, James M Strange, George W. Sinnmers, William T. Sntherlin, Campbell Tarr, George P. Tayloe, John T. Thornton, William M. Tredway, Robert H. Turner, Franklin P. Turner, John Tyler, Edward Waller, W^illiarn White, Robert H. Whitfield, Williams C. Wickham, Waitman T. Willey, Samuel C. Williams, Benjamin Wilson, Henry A. Wise, Samuel Woods, Benj. F. Wysor— 132. JOURNAL OF THE COMMITTEE OF THE WHOLE. 29 The names of those who voted in the negative are — Messrs. Wilh'am M. Ambler;, Messrs. Lewis E. Har-^ie, George W, Berlin, William J. Neblett — 5. Caleb Boggess, On motion of Mr. Speed, the resolution was further amended in the seventh line, by striking out the word "preserved," and inserting "reestablished." Mr. Wise moved to amend the resolution further, by striking out the whole, and inserting the following: "Deeply affected by the present distracted condition of the country, and re- sisting the wrongs that have impelled some of the States to dissolve their con- nection with the Federal Government, but sensible of the blessings of the Union in its integrity, and impressed with the importance to the peace, prosperity and progress of the people of observing its faith, we indulge the earnest desire that an adjustment may be reached by which the Union and peace, prosperity and fraternal feelings throughout the land may be restored. Virginia should not offer or adopt any terms of adjustment which ought not to be acceptable to the seceded States and restore them to the Union." Mr. Carlile demanded a division of the question, and it was put upon striking out, and decided in the negative — yeas 57; nays S3. On motion of Mr. Brown, the vote Avas recorded as follows: The names of those who voted in the affirmative are — Messrs. Wm. M. Ambler, Messrs. John J. Kindred, James Barbour, Walter D. Leake, Angus R. Blake}', Charles K. Mallory, James Boisseau, James B. Mallory, Peter B. Burst, John Q,. Marr, Wood Bouldin, John L. Marye, Sr. Thomas Branch, Robert L. Montague, James C. Bruce, Edmund T. Morris, John S. Carlile, Jeremiah Morton, William P. Cecil, William J. Neblett, John R. Chambliss, George W. Randolph, Manilius Chapman, George W. Richardson, Samuel A. Coffman, John T. Seawell, Raphael M. Conn, James W. Sheffey, Richard H. Cox, Charles R. Slaughter, Miers W. Fisher, John M. Speed, Thomas S. Flournoy, James M. Strange, Samuel M. Garland, William T. Sutherlin, Samuel L. Graham, John T. Thornton, William L. Goggin, William M. Tredway, John Goode, Jr. Robert H. Tnrner, F. L. Hale, Franklin P. Turner, 40 JOURNAL OF THE COMMITTEE OF THE WHOLE. Messrs. Cyrus Hall, L. S. Hall, Lewis E. Harvie, James P. Holcombe, Eppa Hun ton, Lewis D. Isbell, Robert C. Kent, Messrs. John Tyler, Samuel C. Williams, Benjamin Wilson, Henry A. Wise, Samuel Woods, Benj. F. Wysor— 57. The names of those who voted in the negative are — Messrs. John Jannej, (PresH) Messrs Edward AL Armstrong, William B. Aston, Alfred M. Barbour, George Baylor, George W. Berlin, George Blow, Jr. Caleb Boggess, William W. Boyd, George W. Brent, William G. Brown, John S. Burdett, James Burley, Benjamin W. Byrne, John A. Campbell, Allen T. Caperton, John A. Carter, Sherrard Clemens, C. B. Conrad, Robert Y. Conrad, James H. Couch, John Critcher, W. H. B. Custis, Marshall M. Dent, Harvey Deskins, James B. Dorman, Jubal A. Early, John Echols, Napoleon B. French, Colbert C. Fugate, H. L. Gillespie, Peyton Gravely, Algernon S. Gray, Addison Hall, Ephraim B. Hall, Allen C. Hammond, Alpheus F. Hayraond, James W. Hoge, . Marmaduke Johnson, Peter C. Johnston, John R. Kilby, James Lawson, John F. Lewis, William JMc Comas, James C. McGrew, Paul McNeil, William H. Macfarland, James Marshall, Thomas Maslin, Henry H. Masters, Horatio G. Motfett, Samuel McD. Moore, Hugh M. Nelson, Johnson (^rrick, Logan Osburn, William C. Parks, Spicer Patrick, Edmund Pendleton, George McC. Porter, W^m. Ballard Preston, Samuel l^rice, David Pugh, Robert E. Scott, William C. Scott, John D. Sharp, Thomas Sitlington, Valentine W. Southall, Bur well Spurlock, Samuel G. Staples, Alex. H. H. Stuart, Chapman J. Stuart, George W. Summers, Campbell Tarr, George P. Tavloe, Edward Waller, William White, JOURNAL OF THE COMMITTEE OF THE WHOLE. 41 Messrs. J. G. Holladay, Chester D. Hubbard, John N. Hughes, John J. Jackson, Messrs. Robert H. Whitfield, WilUams C. Wickham, Wait. T. Willey— 83. Mr. Wise then moved to amend the resolution further, by- adding thereto, the following: " But Virginia should not offer or adopt any terms of adjustment which ought not to be acceptable to the seceded States and restore them to the Union." The question being put, was decided in the negative — yeas €4; nays 74. On motion of Mr. Boisseau, the vote Avas recorded as follows: The names of those who voted in the aflirmative are — Messrs. Wm. M. Ambler, James Barbnur, Angus R. Blakey, James Boisseau, Peter B. Borst, Wood Bouldin, Thomas Branch, James C. Bruce, William P. Cecil, John R. Chambliss, Manilius Chapman, Samuel A. Coffman, Raphael M. Corui, Richard H. Cox, John Critcher, John Echols, Miers W. Fisher, Thomas S. Flournoy, Napoleon B. French, Samuel M. Garland, Samuel L. Graham, William L. Goggin, John Goode, Jr. F. L. Hale, Addison Hall, Cjn-us Hall, L. S. Hall, James P. Holcombe, Eppa Hunton, Lewis D. Isbell, Robert C. Kent, John J. Kindred, Messrs. James Lawson, Walter D. Leake, Paul McNeil, Charles K. Mallory, James B. Mallory, John Q. Marr, John L. Marye, Sr. Robert L. Montague, Edmund T. Morris, Jeremiah Morton, William J. Neblett, Johnson Orrick, William C. Parks, George W. Randolph, George W. Richardson, William C. Scott, John T. Seawell, James W. Shetfey, Charles R. Slaughter, John M. Speed, James M. Strange, W^illiam T. Sutherlin, John T. Thornton, William M. Trcdway, Robert H. Turner, Franklin P. Turner, John Tyler, Samuel C. Williams, Benjamin Wilson, Henry A. Wise, Samuel Woods, Benj. F. Wysor— 64. 42 JOURNAL OF THE COMMITTEE OF THE WHOLE. The names of those who voted in the negative are — Messrs. John Janney, (PresH) Messrs. Edward M. Armstrong, WilUam B. Aston, Alfred M. Barbour, George Baylor, George W. Berlin, George Blow, Jr. Caleb Boggess, William W. Boyd, George W. Brent, William G. Brown, John S. Biirdett, James Burlcy, Benjamin W. Byrne, John A. Campbell, Allen T. Caperton, John S. Carlile, John A. Carter, Sherrard Clemens, C. B. Conrad, Robert Y, Conrad, James H. Couch, W. H. B. Custis, Marshall M. Dent, Harvey Deskins, James B. Dorman, Jubal A. Early, Colbert C. Fugate, H. L. Gillespie, Peyton Gravely, Algernon S. Gray, Ephraim B. Hall, Allen C. Hammond, Alpheus F. Haymond, James W. Hoge, J. G. Holladay, Chester D. Hubbard, John N. Hughes, John J. Jackson, Marmaduke Johnson, Peter C. Johnston, John R. Kilby, John F. Lewis, William Mc Comas, James C. McGrew, Wm. H. Macfarland, James Marshall, Thomas Maslin, Henry H. Masters, Horatio G. Moffett, Samuel McU. Moore, Hugh M. Nelson, Logan Osburn, Spicer Patrick, George McC. Porter, Wm. Ballard Preston, Samuel Price, David Pugh, Robert E. Scott, John D. Sharp, Thomas Sitlington, Valentine W. Southall, Burwell Spurlork, Samuel G. Staples, Alex. H. U. Stuart, Chapman J. Stuart, George W. Summers, Campbell Tarr, George P. Tayloe, Edward Waller, William White, Robert H. Whitfield, Williams C. Wickham, W. T. Willey— 74. The question recurred upon the adoption of the resolution as amended, and was decided in the affirmative — yeas lOSj nays 31. On motion of Mr. Wickham, the vote was recorded as follows: The names of those who voted in the affirmative are — Messrs. John Janney, (PresH) Messrs. James C. McGrew, Edward M. Armstrong, Paul McNeil, Alfred M. Barbour, William H. Macfarland, JOURNAL OF THE COMMITTEE OF THE WHOLE. 43 Messrs. George Baylor, George W. Berlin, George Blow, Jr. Caleb Boggess, Wood Bouldin, William VV. Boyd, Thomas Branch, George W. Brent, William G. Brown, John S. Bnrdett, James Burley, Benjamin W. Byrne, John A. Campbell, Allen T. Caperton, John A. Carter, Shcrrard Clemens, Samnel A. Coffman, C. B. Conrad, Robert Y. Conrad, James H. Couch, John Critchcr, W. H. B. Custis, Marshall M. Dent, Harvey Deskins, Jubal A. Early, John Echols, Thomas S. Flonrnoy, Napoleon B. French, Colbert C. Fiigate, Samuel M. Garland, H. L. Gillespie, Peyton Gravely, Algernon S. Gray, William L. Goggin, Addison Hall, Cyrus Hall, Ephraim B. Hall, Allen C. Hammond, Alpheus F. Haymond, James W. Hoge, J . G. HoUaday, Chester D. Hubbard, John N. Hughes, John J. JacksoUj Marmadukc Johnson, Peter C. Johnston, John R. Kilby, Messrs. Charles K. Mallory, James B. Mallory, James Marshall, John Q,. Marr, John L. Marye, Sr. Thomas Maslin, Henry H. Masters, Horatio G. Moffett, Samuel McD. Moore, Hugh M. Nelson, Johnson Orrick, Ijogan Osburn, William C. Parks, Spicer Patrick, Edmund Pendleton, George McC. Porter, Wm. Ballard Preston, Sanuiel Price, David Pngh, George W. Randolph, George W. Richardson, Robert E. Scott, William C. Scott, John D. Sharp, James W. Sheffey, Thomas Sitlingtonj Charles R. Slaughter, Valentine W. Southall, John M. Speed, Burwell Spurlock, Samuel G. Staples, Alex. H. H. Stuart, Chapman J. Stuart, George W. Summers, William T. Sutherlin, Campbell Tarr, George P. Tayloe, John T. Thornton, William M. Tredway, Robert H. Turner, Franklin P. Turner, John Tyler, Edward Waller, William White, Robert H. Whitfield, Williams C. Wickham, Waitman T. Willey, 44 JOURNAL OF THE COMMITTEE OF THE WHOLE. Messrs. John F. Lewis, William McComas, Messrs. Benjamin Wilson, Samuel Woods — 104* The names of those who voted in the negative are — Messrs. William M. Ambler, James Barbour, Angus R. Blakey, James Boisseau, Peter B. Borst, James C. Bruce, John S. Carlile, WiUiam P. Cecil, John R. Chambliss,, Manihus Chapman, Raphael M. Conn, Richard H. Cox, ' Micrs W. Fisher, Sanmel L.Graham,. John Goode, Jr. F. L. Hale, Messrs. James P. Holcombe, Eppa Hunton, Lewis D. Isbell, Robert C. Kent, John J. Kindred, James Lawson, Walter D. Leake, Robert L. Montague,. Edmund T. Morris, Jeremiah Morton, William J. Neblett, John T. Seawell, James M. Strange, Samuel C. Williams, Heniy A. Wise — 3 J . Mr. Wise moved to amend the resolution by striking out all' "between the word '^Governments," in the second hue, and the- word ''but," in theteiith line. Mr. WiLsox moved to amend the text of the resolution, by striking out "may," in the fourth line, and inserting "should." Negatived. The question recurred upon the amendment submitted by Mr. Wise, and being put, was decided in the alfirmative — yeas. 68; nays 67. On motion of Mr. Wise, the vote Avas recorded as follows: Tlie names of those who voted in the aflirmative are — Messrs. W. M. Ambler, E. M. Armstrong, Angus R. Blakey, George Blow, Jr. James Boisseau, Peter B. Borst, Wood Bouldin, WiUiam W. Boyd, Thomas Branch, George W. Brent, James C. Bruce, William P. Cecil, John R. Chambliss, Mauilius Chapman, Messrs. John J. Kindred, James Lawson, Walter D. Leake, Paul McNeil, Wm. IL Macfarland,. Charles K. Mallory, James B. Mallory, John Q.. Marr, John L. Mar}''e, Sr. Robert L. Montague,. Edmund T. Morris, Jeremiah Morton, William J. Neblett,, Johnson Orrick. JOURNAL OF THE COMMITTEE OF THE WHOLE. 45 Messrs. Samuel A. CofFman, Raphael M. Conn, Richard H. Cox, John Echols, ]\1iers W. Fisher, Thomas S. Flournoy, Samuel M, Garland, Samuel L, Graham, Peyton Gravely, William L. Goggin, John Goode, Jr. F. L. Hale, Cyrus Hall, L. S. Hall, Lewis E. Harvie, James P. Holcombe, Eppa Hun ton, JiCwis D. Isbell, Robert C. Kent, John R. Kilby, Messrs. William C. Parks, George W. Randolph, George W. Richardson, James W. Sheffey, Charles R. Slaughter, Valentine W. Southall, John M. Speed, James M. Strange, George P. Tayloe, John^T. Thornton, Robert H. Turner, Franklin P. Turner, John Tyler, Edward Waller, Robert H. Whitfield, Samuel C. Williams^ Benjamin Wilson, Henry A. Wise, Samuel Woods, Benj. F.Wysor— 68. The names of those who voted in the negative are — Messrs. John Jaimcy, (Preset) Messrs, William B. Aston, Alfred M. Barbour, George Baylor, George W. Berlin, Caleb Boggess, William G. Brown, John S. Burdett, James Burley, Benjamin W. Byrne, John A. Campbell, Allen T. Capeiton, John S. Carlile, John A. Carter, Sherrard Clemens, C. B. Conrad, Robert Y. Conrad, James H. Couch, John Critcher, W. H. B. Custis, Marshall M. Dent, Harvey Deskins, James B. Dorman, Jubal A. Early, John N. Hughes, John J. Jackson, Marmaduke Johnson, Peter C. Johnston, William McComas, James C. McGrew, James Marshall, Thomas Maslin, Henry H. Masters, Horatio G. Mofiett, Samuel McD. Moore, Hugh M. Nelson, Logan Osburn, Spicer Patrick, Edmund Pendleton, George McC. Porter, Wm. Ballard Preston, Samuel Price, David Pugh, Robert E. Scott, William C. Scott, John D. Sharp, Thomas Sitlington, Bur well Spurlock^j 46 JOURNAL OF THE COMMITTEE OF THE WHOLE. Messrs. Napoleon B. French, Colbert C. Fugate, H. L. Gillespie, Addison Hall, Ephraim B. Hall, Allen C. Hammond, Alpheus F. Haymond, James W. Hoge, J. G. Holladay, Chester D. Hubbard, Messrs, Samuel G. Staples, Alex. H. H. Stuart, Chapman J. Stuart, George W. Summers, William T. SutherUn, Campbell Tarr, William White, Williams C. Wickham, Wait. T. Willey— 67. Mr. Early moved to amend the resolution further, by striking out the word "restore," and inserting the word ''preserve.'* Negatived. Mr. Leake moved to amend the resolution further, by adding thereto the following: •''♦And the people of the non-slaveholding States must abstain from all interfe- rence witli tlie iiistitu'.ion of slavely as it exists in any of the States, or in any of the common territory, and there must be an entire abandonment of all political organizations based upon the principle of hostility to Southern institutions." The question being put, was decided in the negative — yeas 40; nays 93. On motion of Mr. Leake, the vote was recorded as follows: The names of those who voted in the affirmative are — Messrs. William M. Ambler, James Barbour, Angus R. Blakey, James Boisseau, Peter B. Borst, Wood Bouldin, John K. Ciiamblips, jNIanilius Chapman, Raphael M. Conn, Miers W. Fisher, Samuel L. Graham, William L. Goggm, John Goode, Jr. L. S. Hall, Lewis E. Harvie, James P. Holcombe, Eppa Hunton, Lewis D. Isbell, Robert C. Kent, John J. Kindred, James Lawson, Messrs. Walter D. Leake, James B. Mallory, Robert L. Montague, Edmund T. Morris, Jeremiah Morton, William J. Neblett, George W. Randolph, George W. Richardson, William C. Scott, John T. Seawell, John M. Speed, James M. Strange, John T, Thornton, Robert H. Turner, Franklin P. Turner, John Tyler, Samuel C. Williams, Henry A. Wise, Samuel Woods, Benj. F. Wysor— 4L JOURNAL OF THE COMMITTEE OF THE WHOLE. 47 The names of those who voted in the negative are — Messrs. John Janney, (PresH) Messrs. Ed'd M. Armstrong, William B. Aston, John B. Baldwin, Alfred M. Barbour, George Baylor, George W. Berlin, George Blow, Jr. Caleb Boggess, William W. Boyd, Thomas Branch, George W. Brent, William G. Brown, James C. Bruce, John S. Biirdett, James Burley, Benjamin W. Byrne, John A. Campbell, Allen T, Caperton, John S. Carl lie, John A. Carter, C. B. Conrad, Robert Y. Conrad, James H. Couch, John Critcher, W. H. B. Custis, Marshall M. Dent, Harvey Deskins, James B, Dorman, Jubal A. Early, John Echols, Thomas S. Flournoy, Napoleon B. French, Colbert C. Fugate, Samuel M. Garland, H. L. Gillespie, Peyton Gravely, Algernon S. Gray, Addison Hall, Cyrus Hall, Ephraim B. Hall, Allen C. Hammond, Alpheus F. Haymond, James W. Hoge, Marmaduke Johnson, Peter C. Johnston, John R. Kilbj, John F. Lewis, William McComas, James C. McGrew, Paul McNeil, William H. Macfarland, Charles K. Mallory, James Marshall, John Q. Marr, John L. Marye, Sr. Thomas Maslin, Henry H. Masters, Horatio G. Moffett, Samuel McD. Moore, Hugh M. Nelson, Johnson Orrick, Logan Osburn, William C. Parks, Sjiicer Patrick, Edmund Pendleton, George McC. Porter, Wm. Ballard Preston, Samuel Price, David Pugh, Robert E. Scott, John D. Sharp, James W. Sheffey, Thomas Sitlington, Charles R. Slaughter, Valentine W. Southall, Burwell Spurlock, Samuel G. Staples, Alex. H. H. Stuart, Chapman J. Stuart, George W, Summers, William T. Sutherlin, Campbell Tarr, George P. Tayloe, Edward Waller, William White, Robert H. Whitfield, Williams C. Wickham, 48 JOURNAL OF THE COMMITTEE OF THE WHOLE. Messrs. J. G. Holladay, Chester D. Hubbard, John J. Jackson, Messrs. Waitman T. Willey, Benjamin Wilson — 93. The seventh resohition, as amended, was then adopted. Mr. J-'rice moved that the eightli resohition be passed by for the present with the view of considering the ninth resolution, and the question being put, was decided in the affirmative — yeas 68; nays 67. On motion of Mr. Wisr, the vote was recorded as follows: The names of those who voted in the affirmative are — Messrs. Jolin Janncy, (Preset) Messrs. Edward M. Armstrong, William B. vVston, John B. Baldwin, George Baylor, George W. Berlin, George Blow, Jr. Caleb Boggess, William W. Boyd, Thomas Branch, William G. Brown, John S. Burdett, James Burley, Benjamin W. Byrne, John A. Campbell, Allen T. Caperton, John A. Carter, C. B. Conrad, Robert Y. Conrad, James H. Couch, John Critcher, Marshall M. Dent, Harvey Deskins, Jubal A. Early, Napoleon B. French, Colbert C. Fugate, H. L. Gillespie, Peyton Gravely, Algernon S. Gray, Addison Hall, Ephraim B. Hall, Allen C. Hammond, Alpheus F. Haymond, James W. Hoge, J. G. Holladay, Chester 1). Hubbard, John J. Jackson, Peter C, Johnston, John F. Lewis, William McComas, James C. McGrew, Paul McNeil, James Marshall, Thomas Maslin, Henry H. Masters, Samuel McD. Moore, Logan Osburn, Spiccr Patrick, Edmund Pendleton, George McC. Porter, Wm. Ballard Preston, Samuel Price, David Pugh, Robert E. Scott, William C. Scott, John I). Sharp, Thomas Sitlington, Burwell Spurlock, Samuel G. Staples, Alex. H. H. Stuart, Chapman J. Stuart, George W. Sunnners, Campbell Tarr, George P, Tayloe, Edward Waller, William White, Williams C. Wickham, Wait. T. Willey— 68. JOURNAL OF THE COMMITTEE OF THE WHOLE. 49 The names of those who voted in the negative are- Messrs. William TM. Ambler, Messrs. James Barbour, Angus R. Blakey, James Boisseau, Peter B. Borst, Wood Bouldin, George W. Brent, James C. Bruce, John S. Carlile, John R. Chambliss, Manilius Chapman, Samuel A. CofFman, Raphael M. Conn, W. H. B. Custis, James B. Dorman, John Echols, Miers W. Fisher, Thomas S. Flournoy, Samuel M. Garland, Samuel L. Graham, William L. Goggin, John Goode, Jr. Cyrus Hall, L. S. Hall, James P. Holcombe, Eppa Hunton, Lewis D. Isbell, Marmaduke Johnson, Robert C. Kent, John R. Kilby, John J. Kindred, James Lawson, Walter D. Leake, William H. Macfarland, Charles K. Mallory, James B. Mallory, John a. Marr, John L. Marye, Sr. Fleming B. Miller, Horatio G. Moffett, Robert L. Montague, Edmund T. Morris, Jeremiah Mortou, William J. Neblett, Hugh M. Nelson, Johnson Orrick, William C. Parks, George W. Randolph, George W. Richardson, John T. Seawell, James W. Sheffey, Charles R. Slaughter, Valentine W. Southall, John M. vSpeed, James M. Strange, William T. Sutlierlin, John T. Thornton, William M. Tredway, Robert H. Turner, Franklin P. Turner, John Tyler, Robert H. Whitfield, Samuel C. Williams, Benjamin Wilson, Henry A. Wise, Samuel Woods, Benj. F. Wysor— 67. Mr. Conrad moved to amend the ninth resolution, by striking out the words ''the exercise of this right," in the first line, and inserting in lieu thereof, " withdrawal from the Federal Govern- ment." Mr. Wise raised a question of order, viz: that ''the Commit- tee of the Whole, by vote, decided to pass by the eighth resolu- tion of the pending report without deciding to what subsequent resolution of the report it would pass to tlie consideration of;" and that the motion of Mr. Conrad "proposes to amend the matter of the eighth resolution which had been passed by." 7 50 JOURNAL OF TEE COMMITTEE OF THE WHOLE. The Chairman (Mr. Southall) overruled the point of order. The amendment submitted by Mr. Conrad was then agreed to — yeas 77; nays 58. On motion of Mr. Wise, the vote was recorded as follows: The names of those who voted in the affirmative are — . Messrs. John Janney, ( PresH) Messrs. Edward M. Armstrong, Wilham B. Aston, John B. Baldwin, Alfred M. Barbour, George Baylor, George W. Berlin, George Blow, Jr. Caleb Boggess, William W. Boyd, Thomas Branch, William G, Brown, John S. Burdett, James 13urley, Benj. W. Byrne, John A. Cam])bell, Allen T. Caperton, John S. Carlile, John A. Carter, C. B. Contad, Robert Y. Conrad, James H. Couch, John Critcher, W. H. B. Custis, Marshall M. Dent, Harvey Deskins, James B. Dorman, Jubal A. Early, Napoleon B. French, H. L. Gillespie, Algernon S. Gray, Addison Hall, Ephraim B. Hall, Allen C. Hammond, Alpheus F. Haymond, James W. Hoge, J. G. Holladay, Chester D. Hubbard, John J. Jackson, Marmaduke Johnson, Peter C. Johnston, John R. Kilby, John F. Lewis, William McComas, James C. McGrew, Paul McNeil, William H. Macfarland, James Marshall, Thomas Maslin, Henry H. Masters, Horatio G. Moffett, Samuel McD. Moore, Hugh M. Nelson, Logan Osburn, Spicer Patrick, Edmund Pendleton, George McC. Porter, Wm. Ballard Preston, Samuel Price, David Pugh, Robert E. Scott, John D. Sharp, Thomas Sitlington, Valentine W. Southall, Burwell Spurlock, Samuel G. Staples, Alex. H. H. Stuart, Chapman J. Stuart, George W. Summers, Campbell Tarr, George P. Tayloe, Edward Waller, William White, Robert H. Whitfield, Williams C. Wickham, Waitman T. Willey, Benjamin Wilson — 77. JOURNAL OF THE COMMITTEE OF THE WHOLE. 51 The names of those who voted in the nea-ative are — Messrs. William M, Ambler, James Barbour, Angus R. Blakey, James Boisseau, Peter B. Borst, Wood Boiildin, George W. Brent, James C. Bruce, John R. Chambliss, Manilius Chapman, Samuel A. Coffman, Raphael M. Conn, John Echols, Miers W. Fisher, Thomas S. Flournoy, Samuel M. Garland, Samuel L. Graham, Peyton Gravely, William L. Goggin, John Goode, Jr. F. L. Hale, Cyrus Hall, L. S. Hall, Lewis E. Harvie, James P. Holcombe, Epjia Hunton, Lewis D, Isbell, Robert C. Kent, John J. Kindred, Messrs. James Lawson, Walter D. Leake, Charles K. Mallory, James B. Mallory, John d. Marr, John L. Marye, Sr. Fleming B. Miller, Robert L. Montague, Edmund T. Morris, Jeremiah Morton, William J. Neblett, Johnson Orrick, William C. Parks, George W. Randolph, George W. Richardson, John T. Sea well, James VV. Sheffey, John M. Speed, James M. Strange, William T. Sutherlin, John T. Thornton, William M. Tredway, Robert H. Turner, Franklin P. Turner, John Tyler, Samuel C, WiUiams, Henry A. Wise, Sanniel Woods, Benj. F. Wysor— 58. Mr. Macfarland moved to amend the resolution further, by striking out all after the word '^States," in the sixth line, and inserting in lieu thereof, the following: To the adjustment whereof, and to the recognition of the independence of the Confederate States of the South or their restoration to their former relations, as negotiations may eventuate, the Federal Government is hereby called upon to address itself. Mr. DoRMAN demanded a division of the question, and it was put upon striking out, and determined in the negative — yeas 58 j nays 71. On motion of Mr. Macfarland, the vote was recorded as follows: The names of those who voted in the affirmative arc — Messrs. William M. Ambler; Angus R. Blaiiey, Messrs. James Lawson, Walter D. Leake, 52 JOURNAL OF THE COMMITTEE OF THE WHOLE. Messrs. James Boisseaii, Peter B. Borst, Wood Boiildin, William VV. Boyd, Thomas Branch, James C. Bruce, John R. Cliambhss, Manilius Chapman, Samuel A. Coffman, Raphael M. Conn, James B. Dorman, John Echols, Miers W. Fisher, Thomas S. Flournoy, Samuel M. Garland, Samuel L. Graham, John Goode, Jr. F. L. Hale, Cyrus Hall, L. S. Hall, Lewis E. Harvie, James P. Holcombe, Eppa Hunton, Lewis D. Isbell, Robert C. Kent, Jolm R. Kilby, John J. Kindred, Messrs. William H. Macfarland, Charles K. Mallory, James B. Mallory, John Q. Marr, John L. Maiye, Sr. Fleming B. Miller, Robert L. Montague, Edmund T. Morris, Jeremiah Morton, William J. Neblett, George W.Randolph, George W. Richardson, John T. Sea well, James W. Sheffey, Charles R. Slaughter, John M. Speed, James M. Strange, William T. Sutherlin, John T. Thornton, William M. Tredway, Robert H. Turner, Franklin P. Turner, John Tyler, Samuel C. Williams, Benjamin Wilson, Henry A. Wise, Samuel Woods — 58. The names of those who voted in the negative are — Messrs. John Janney, ( Pros'' t) Messrs Edward M. Armstrong, AVilliam B. Aston, John B. Baldwin, Alfred M. Barbour, George Baylor, George W. Berlin, Caleb Boggess, George W. Brent, William G. Brown, John S. Burdett, John A. Campbell, John S. Carlile, John A. Carter, C. B. Conrad, Robert Y. Conrad, James H. Couch, Peter C. Johnston, John F. Lewis, William McComas, James C. McGrew, Paul McNeil, James Marshall, Thomas Maslin, Henry H. Masters, Horatio G. Moffett, Samuel McD. Moore, Hugh M. Nelson, Johnson Orrick, Logan Osburn, William C. Parks, Spicer Patrick, Edmund Pendleton, George McC. Porter, JOURNAL OF THE COMMITTEE OF THE WHOLE. 63 Messrs. John Critcher, W. H. B. Custis, Harvey Deskins, Jubal A. Early, Napoleon B. French, Colbert C. Fngate, H. L. Gillespie, Peyton Gravely, Algernon S. Gray, William L. Goggin, Addison Hall, Ephraim B. Hall, Allen C. Hammond, Alpliens F. Haymond, James W. Hoge, J. G. HoUaday, Chester D. Hnbbard, John J. Jackson, Marmad u ke J ohnson , Messrs. VVm. Ballard Preston, Sam n el Price, David Piigh, Robert E. Scott, AViUiam C. Scott, John U. Sharp, Thomas Sitlington, Bnrwell Spnrlock, Samuel G. Staples, Alex. H. H. Stuart, Chapman J. Stuart, George W. Summers, Campbell Tarr, George P. Tayloe, Edward Waller, William White, Wilhams C. Wickham, Wait. T. Willey— Tl. Mr. Blow moved to amend the resolution further, by striking out all after the word "States," in the tenth line, and inserting in lieu thereof, the following: " With a view to the peaceable adjustment of these and kindred questions, the people of Virginia hereby express their earnest desire that the federal authorities, if so empowered, shall recognize the independence of the Confederate Slates of the South, and make such treaties with them, and pass such laws as separation (if unavoidable) shall render proper and expedient." Mr. Sheffey moved to amend the amendment by striking out the words "if so empowered;" pending the consideration of which, On motion of Mr. Montague, the Committee rose. V Saturday, April 6, 1861. The pending question was upon the motion of Mr. Sheffey to strike out the words "if so empowered" from the amendment to the ninth resolution of the report of the Committee on Federal Relations submitted by i\Ir. Blow, and being put, was decided in the negative — yeas 04; nays 72. 54 JOURNAL OF THE COMMITTEE OF THE WHOLE. On motion of Mr. Shefpey, the vote was recorded as follows: The names of* those who voted in the affirmative are — Messrs. Wm. M. Ambler, James Barbour, Angus R. Blakey, James Boisseau, Peter B. Borst, Wood Bouldin, Thomas Branch, James C. Bruce, William P. Cecil, John R. Chambliss, Manilius Chapman, Samuel A. Coffman, Raj)hael M. Conn, Richard H. Cox, John Echols, Miers W. Fisher, Thomas S. Flournoy, Samuel M. Garland, Samuel L. Graham, Fendall Gregory, Jr. William L. Goggin, John Goode, Jr. F. L. Hale, Cyrus Hall, L. S. Hall, Allen C. Hammond, Lewis E. Harvie, James W. Hoge, James P. Holcombe, Eppa Hunton, Lewis D. Isbell, Robert C. Kent, Messrs. John R. Kilby, John J. Kindred, James Lawson, Walter D. Leake, William H. Macfarland, Charles K. Mallory, James B. Mallory, John Q,. Marr, John L. Marye, Sr. Fleming B. Miller, Robert L. Montague, Edmund T. Morris, Jeremiah Morton, William J. Neblett, William C. Parks, George W. Randolph, George W. Richardson, William C. Scott, John T. Scawell, James W. Sheffey, John M. Speed, Samuel G. Staples, James M. Strange, William T. Sutherlin, John T. Thornton, William M. Tredway, Robert H. Turner, John Tyler, Samuel C. Williams, Benjamin Wilson, Henry A. Wise^ Benj. F. Wysor — 64. The names of those who voted in the negative are — Messrs. John Janney, (Pres''t) Ed'd M. Armstrong, William B. Aston, John B. Baldwin, Alfred M. Barbour, George Baylor, George W. BerUn, George Blow, Jr. Caleb Boggess, Messrs. John J. Jackson, Marmaduke Johnson, Peter C. Johnston, John F. Lewis, William McComas, James C. McGrew, Paul McNeil, James Marshall, Thomas Maslm, JOURNAL OF THE COMMITTEE OF THE WHOLE. 55 Messrs. George W. Brent, William G. Brown, John S. Burdett, James Buriey, Benj. W. Byrne, John A. Campbell, Allen T. Caperton, John S. Carlile, John A. Carter, C. B. Conrad, Robert Y. Conrad, James H. Conch, John Critcher, W. H. B. Custis, Marshall M. Dent, Harvey Deskins, Jubal A, Early, Napoleon B. French, Colbert C. Fngale, H. L. Gillespie, Peyton Gravely, Addison Hall, Ephraim B. Hall, Alphcns F. Haymond, J. G. HoUaday, Chester D. Hubbard, John N. Hughes, Messrs. Henry H. Masters, Horatio G. Motfett, Samuel McD. Moore, Hugh M. Nelson, Logan Osburn, Spicer Patrick, Edmund Pendleton, George McC. Porter, Wm. Ballard Preston, Samuel Price, David Pugh, Timothy Rives, Robert E. Scott, John D. Sharp, Thomas Sitlington, Charles R. Slaughter, Valentine W. Southall, Burwell Spurlock, Alex. H. H. Stuart, Chapman J. Stuart, George W. Summers, Cam]ihell Tarr, George P. Tayloe, Edward Waller, William White, Williams C. Wickham, Wait. T. Willey— 72. The question recurred upon the amendment submitted by Mr. Blow, and was decided in the negative. Mr. BouLDiN moved to amend the report further, by striking out the ninth resolution, as amended, and inserting the following in lieu thereof. " The States of South CaroHna, Georgia, Florida, Missis^sippi, Alabama, Louisiana and Texas, having withdrawn from their association with the other States of the Union, under the Federal Government, and united in a separate Conferacy, the State of Virginia is of opinion, and hereby declares that the separate independence of the seceded States ought to be acknowledged without further delay, and that such treaties sliould be made with them, and such laws passed, as the separation may make proper." The question was put, and decided in the negative — yeas 69j nays 71. On motion of Mr. Fisher, the vote was recorded as follows: The names of those who voted in the affirmative are — Messrs. William M. Ambler, James Barbour, Messrs. James Lawson, Walter D. Leake, 56 JOURNAL OF THE COMMITTEE OF THE WHOLE. Messrs. Angus R. Blakey, George Blow, Jr. James Boisseau, Peter B. Borst, Wood Boiildin, Thomas Branch, James C. Bruce, William P Cecil, John R. Chambliss, Manilius Chapman, SaiDUel A. CofTinan, Raphael M. Conn, James H. Cox, Richard H. Cox, John Echols, Miers W. Fisher, Thomas S. Flournoy, Samuel M. Garland, Samuel L. Graham, Fendall Gregory, Jr. William L. Goggin, John Goode, Jr. F. L. Hale, Addison Hall, Cyrus Hall, L. S. Hall, Lewis E. Harvie, James P. Holcombe, Eppa Hunton, Lewis D. Isbell, Robert C. Kent, John K. Kilby, John J. Kindred, Messrs. William H. Macfarland, Charles K. Mallory, James B. Mallory, John Q. Marr, John L. Marye, Sr. Fleming B. Miller, Robert L, Montague, Edmund T. Morris, Jeremiah Morton, William J. Neblett, William C. Parks, George W. Randolph, George W. Richardson, WilHam C. Scott, John T. Sea well, James W. Sheffey, Charles R. Slaughter, Valentine W. Southall, John M. Speed, Samuel G. Staples, James M. Strange, William T. Sutherlin, John T. Thornton, William M. Tredway, Robert H. Turner, Franklin P. Turner, John Tyler, Edward Waller, Sam'l C. Williams, Benjamin Wilson, Henry A. Wise, Benj. F. Wysor— 69. The names of those who voted in the negative are — Messrs. John Janney, (PrcsH) Messrs Edward M. Armstrong, William B. Aston, John B. Baldwin, Alfred M. Barbour, George Baylor, George W. Berlin, Caleb Boggess, William W. Boyd, George W. Brent, William G. Browu, Chester D. Hubbard, John N. Hughes, John J. Jackson, Marmaduke Johnson, Peter C. Johnston, John F. Lewis, William McComas, James C. McGrew, Paul McNeil, James Marshall, Thomas Maslin, JOURNAL or THE COMMITTEE OF THE WHOLE. •Messrs.. Toll n S. Burdett, .Tames Burley, Beiijaiiiiii W, Byrne, John A. Campbell, Allen T. CapertoH; John S. Carlile, John A. Carter, C. B. Conrad, Robert Y. Conrad, .Tames II. Couch, John Cri teller, W. II. B. Custis, Marshall M. Dent, Harvey Deskins, .Tubal A. Early, Napoleon B. French, Colbert C. Fugate, H. L. Gillespie, Peyton Gravely, Algernon S. Gray, Epiiraim B. Half, Allen C. Hammond, Alpheus F. Hayniond, James W. Hoge, J. G. Ilolladay, Messrs. Henry H. Masters, Horatio G. Moffett, Samuel McD, Moore, Hugh M. Nelson, Logan Osburn, Spicer Patrick, Edmund Pendleton, George I\IcC. Porter, Wm. Ballard Preston, Samuel Price, David Pugh, Timothy Rives, Robert E. Scott, John D. Sharp, Thomas Sitliiigton, J3ur\vell Spurlock, Alex. II. H. Stuart, Chapman J. Stuart, George W. Summers, Campbell Tarr, George P. Tayloe, William White, Williams C. Wickham, Wait. T. Willey— 71. Mr. ^\isE moved to amend the ninth resolution further, by stnkmg out all after the word "is," in the eleventh line, and insertmg m lieu thereof, '^should forbear the exercise of powers tour lung these questions until pending difficulties are adjusted " 1 lie question was put, and decided in the negative. Mr. Garland moved to amend the resolution further by stri- king from the third line the words '^without the assent of the other f^tates," and the question being put, was decided in the negative— yeas 54; nays SO. On motion of Mr. Fisher, the vote was recorded as follows: Ihe names of those who voted in the allirmative are- Messrs. William M. Ambler, James Barbour, Angus R. Blakey, James Boisseau, Peter B. Borst, Wood Bouldin, Thomas Branch, James C. Bruce, William P. Cecil, S Messrs. Eppa Hun ton, Lewis D. Isbell, Robert C. Kent, John J. Kindred, James Lawson, Walter D. Leake, Charles K. Mallory, James B. Mallory, John L. Maiye, Sr. 58 JOURNAL OF THE COMMITTEE OF THE WHOLE. Messrs. John R. Charnbliss, Maiiiliiis Chapman, Samuel A. Uoffmnn, Raphael M. Couu, Richard II. Cox, John Echols, Miers W. Fisher, Thomas S. Flournoy, Samuel M. Garland, Samuel li. Graham, Fendall Gregory, Jr. John Goodc, Jr. F. L. Hale, Cyrus Hall, L. S. Hall, Allen C Hammond, Lewis E. Harvie, James P. Holcombe, Messrs. Fleming B. Miller, Robert L. Montague, Edmund T. Morris, Jeremiah Morton, William J. Neblett, George W. Randolph, George W. Richardson, William C. Scott, John T. Seavvell, James W. Sheffey, John M. Speed, James M. Strange, William T. Sutherhn, John T. Thornton, Robert H. Turner, Henry A. Wise, Sanuiel Woods, Benj. F. Wysor— 54. The names of those who voted in the negative are — Messrs. John Jainiey, (PresH) Messrs. E. M. Armstrong, William B. Aston, John B. Baldwin, George Baylor, George W. Berlin, George Blow, Jr. Caleb Boggess, W^illiam W. Boyd, George W. Brent, William G. Brown, John S. Burdett, James Burley, Benjamin W. Byrne, John A. Campbell, Allen T. Caperton, John S. Carlile, John A. Carter, C. B. Conrad, Robdit Y. Conrad, James H. Couch, John Critcher, W. H. B. Custis, Marshall M. Dent, Harvey Deskins, Jubal A. Early, Peter C. Johnston, John R. Kilby, John F. Le^sis, William McComas, James C. McGrew, Paul McNeil, Wm. H. Macfarland, James Marshall, John Q,. Marr, Thomas Maslin, Henry H^ Masters, Horatio G. Motfett, Samuel McD. Moore, Hugh M. Nelson, Logan Osburn, William C. Parks, Spicer Patrick, Edmund Pendleton, George McC. Porter, Wm. Ballard Preston, Samuel Price, David Pugh, Timothy Rives, Robert E. Scott, John D. Sharp, Tl^mas Sitlington, JOURNAL OF THE COMMITTEE OF THE WHOLE. 59 Messrs. Napoleon B. French, Colbert C. Fugate, H. L. Gillespie, Peyton Gravely, William L. Goggin, Addison Hall, Ephraim B. Hall, Alpheus F. Haymond, James W. Hoge, J. G. Holladay, Chester D. Hnbbard, John N. Hnghes, John J. Jackson, Marmadnke Johnson, Messrs. Charles R. Slanghter, Valentine W. Southall, Bnrwell Spnrlock, Samuel G. Staples, Alex. H. H. Stuart, Chapman J. Stuart, George W. Snnnners, Campbell Tarr, George P. Tayloe, Edward Waller, William White, Williams C. Wickham, Waitman T. Willey, Benjamin Wilson — 80. Mr. FisiiKR moved to amend the resolution further, by insert- ing after the word '''authorities," in the tentli line, the words ^'as they were constituted when this section was drafted;" and the question being put was deciaed in the negative. The ninth resolution, as amended, v^as then adopted — yeas 91; nays 37. On motion of Mr. Wise, the vote was recorded as follows: The names of those who voted in the affirmative are — Messrs. John Janney, (Pres''t) Messrs. Ed'd M. Armstrong, William B. Aston, , John B. Baldwin, Alfred M. Barbour, George Baylor, George W. Berlin, George Blow, Jr. William W. Boyd, George W. Rrent, W illiam G. Brown, John S. Burdett, James Burley, Benjamin W. Byrne, John A. Campbell, Allen T. Caperton, Jolui A. Carter, Manilius Chapman, Samuel A. Cofl'man, C. B. Conrad, Robert Y. Conrad, James H. Couch, John Critcher, Peter C. Johnston, John R. Kilbv, John F. Lewis, William McComas, James C. McGrew, Paul Mcx\eil, Charles K. Mallory, James B. Mallory, James Marshall, John Q. Marr, John L. Marye, Sr. Thomas Maslin, Henry H. jNIasters, Horatio G. Moflett, Samuel McD. Moore, Hugh M. Nelson, Johnson Orrick, Logan Osburn, William C. Parks, Spicer Patrick, Ednunid Pendleton, George McC. Porter, Wm. Ballard Preston, 60 JOURNAL OF THE COMMITTEE OF THE WHOLE.. Messrs. W. H. B. Custis, Marshall M. Dent, Harvey Deskins, Jubal A. Early, John Echols, Thomas S. Flournoy, Napoleon B. French, Colbert C. Fugate, Samuel M. Garland, H. L. Gillespie, Peyton Gravely, William L. Goggin, F. L. Hale, Addison Hall, Ephraim B. Hall, L. S. Hall, Allen C. Hammond, Alpheus F, Haymond, James W. Hoge, J. G. HoUaday, Chester 1). Huhbaixi, John N. Hughes, John J. Jackson, Marmaduke Johnson, Messas. Samuel Price, David Pngh, Timothy Rives, Robert E. Scott, John D. Sharp, James VV. Sheffey, Thomas Sitlington, Charles R. Slaughter, Valentine W. Southall,. Burwell Spnrlnck, Samuel G. Staples, Alex. H. H. Stuart, Chapman J. Stuart, James M. Strange, George W. Summers, William T. Sutlierlin,. Campbell Tarr, George P. Tayloe, ^ Edward Waller, William White, Williams C. Wickham,. Waitman T. Wllley, i3enjamin Wilson — 9U The names of those who voted in the negative are- Messrs. Wm. M. Ambler, Angus R. B la key, James Boisseau, Peter B. Borst, Wood Bouldin, Thomas Branch, William P. Cecil, John R. Chambliss, Raphael M. Conn, Richard H. Cox, Miers W. Fisher, Samuel L. Graham, Feudal I Gregory, Jr. John Goode, Jr. Lewis E. Harvie, James P. HolcombC; Eppa Hunton, Lewis D. Isbell, Robert C. Kent, Messrs. John J. Kindred, Walter D. liCake, . Wm. H. Macferland, Fleming B. Miller, Robert 1^. Montague, Edmund T. Morris, Jeremiah Morton, George W. Randolph, George W. Richardson,. William C. Scott, John T. Seawell, John M. Speed, John T. Thornton, Robert H. Turner, Franklin P. Turner, John Tyler, Henry A. Wise, Samuel Woods, Benj. F. Wysor— 3t. JOURNAL OF THE COMMITTEE OF THE WHOLE. 61 On motion of Mr. Pkeston, the Committee returned to the consideration of tfie eighth resolution. Mr. Carlile moved to amend the resohition, by striking out all after the word "and," in the third line, and inserting the following: " In the languago of Virginia's illustrious statesman, James Madison, whom the people of Virginia have been taught to venerate and revere as the wisest, safest and true^^t expounder of the Constitution which he so largely contributed to con- .struct, tliat that instrument 'makes the Government to operate directlj' on the people, places at its command the needful physical means of executing its powers, and finally proclaims its supi'emacy and that of the laws made in pursuance of it, over the Constitution and laws of the States, subject to the revolutionary rights of tlie people, in extreme cases, that a political system tiiat does not provide for a peaceal)le and authoritative termination of existing controversies would not be more than the shadow of a government, the object and end of a real government being the substitution of law and order for uncertainty, confusion and violence. That in the event of a failure of every Constitutional resort, and an accumulation of usurpations and abuses, rendering passive obedience and non-resistance a greater evil than resistance and revolution, there can remain but one resort, the last of all, an appeal from the cancelled oliligations of the Constitutional compact to the ori- ginal rights and the law of self-jireservation. This is the idtinia ratio of all go- vernments, whether consolidated, confederated, or a comjiomul of both. It cannot be doubted that a single member of the Union, in the extremity supposed, hut in THAT oM.v, would have a right, as an extra and ultra Constitutional right, to make the appeal.' " Mr. Earlv demanded a division of the question, and it was put upon striking out, and decided in the negative — yeas 23: nays 114. On motion of Mr. Wise, the vote was recorded as follows: The names of those who voted in the affirmative are — Messrs. John 13. Baldwin, Messrs. John N. Hughes, George Baylor, John J. Jackson, George W. Berlin, John F. Lewis, Caleb Boggess, James C. McGrew, John S. Burdett, Henry H. Masters, James Bnrley, Samuel Mel). Moore;^ John A. Campbell, George McC. Porter, John S. Carlile, William C. Scott, John A. Carter, John D. Sharp, Jubal A. Early, Alex. H. H. Stuart, Ephraim B. Hall, Campbell Tarr— 23. Chester D. Hubbard, The names of those who voted in the negative are — Messrs. John Janne)'-, ( PrcsH) Messrs. Peter C. Johnston, William M. Ambler,* Robert C. Kent, Edward M. Armstrong, John R. Kilby, William B. Aston, John J. Kindred,. Alfred M. Barbour, James Lawson, 62 JOURNAL OF THE COMMITTEE OF THE WHOLE. Messrs. James Barbour, Angus R. Blakey, George Blow, Jr. James Boisseau, Peter B. Borst, Wood Bon Id in, William W. Boyd, George W. Brent, William G. Brown, James C. Bruce, Benjamin W. Byrne, Allen T. Caperton, William P. Cecil, John R. Chambliss, Manilins Chapman, Samuel A. Coffman, Raphael M. Conn, C. B. Conrad, Robert Y. Conrad, James H. Couch, Richard H. Cox, John Critcher, W. H. B. Custis, Harvey Deskins, James B. Dorman, John Echols, JNlicrs W. Fisher, Thomas S. Flournoy, Napoleon B. French, Colbert C. Fugate, Samuel M. Garland, H. L. Gillespie, Samuel L. Graham, Peyton Gravely, Algernon S, Gray, FendalL Gregory, Jr. William L. Goggin, John Goode, Jr. F. L. Hale, Addison Hall, Cvrus Hall, L:^. Hall, Allen C. Hammond, Lewis E. Harvie, Alpheus F. Haymond; James W. Hoge, James P. Holcombe, Messrs, Walter D. Leake, William McComas, Paul McNeil, William H. Macfarland, Charles K. Mallory, James B. Mallory, James Marshall, John Q, Marr, John L. Marye, Sr. Thomas Maslin, Fleming B. Miller, Horatio G. ^Moffett, Robert L. Montague, Edmund T. Morris, Jeremiah ^Morton, William J. Neblett, Hugh M. Nelson, Johnson Orrick, liOgnn Osburn, William C. Parks, Spicer Patrick, Edmund I'endleton, Wm. Ballard Preston, Samuel Price, David Piigh, George W. Randolph, George W. Richardson, Robert E. Scott, John T. Seawell, James W. Sheffey, Thomas Sitlington, Charles R. Slaughter, A'aleutine W. Southall, John M. Speed, Burwell Spurlock, Sanmel G. Staples, Chapman J. Stuart, James M. Strange, George W. Summers, William T. Sutherlin, George P. Tayloe, John T. Thornton, Robert H. Turner, Franklin P. Turner, John Tyler, Edv/ard Waller, Williams C. Wickham, JOURNAL OF THE COMMITTEE OF THE WHOLE. 63 Messrs. J. G. Holladay, George W. HuU, Eppa Hun to II, Lewis D. Isbell, Marmaduke Johnson, Messrs. VVaitman T. Willey, Benjamin Wilson, Henry A. Wise, Samuel Woods, Benj. F. Wysor— 114. '^as eftablished in the AufS^RevZuon '"^ ''"' '" '''''' najlwr"''"'" '''' ^"' "'^^^ ^""^^^^ ^" '^'^ negative-yeas 29; On motion of Mr. BnowK, the vote was recorded as follows- Tlie names of those who voted in the affirmative are- Messrs. John B. Baldwin, George Baylor, George W. Berlin, William G. Brown, John S. Burdett, James Bnrley, John A. Campbell, John S. Carlile, John A. Carter, James H. Couch, Marshall M. Dent, Jubal A. Early, Ephraim B. Hall, Chester D. Hubbard, John N. Hughes, Messrs. John J. Jackson, John F. Lewis, James C. McGrcw, Henry H. Masters, Samuel McD. Moore, Logan Osburn, Spicer Patrick, George McC. Porter, John I), Sharp, Alex. H. H. Stuart, Chapman J. Stuart, George W. Summers, Campbell Tarr, Wait. T. Willey— 29. The names of those who voted in the negative are- Messrs. John Janney, (Preset) Messrs William M. Ambler, Edward M. Armstrong, Wilham B. Aston, Alfred M. Barbour, James Barbour, Angus R. Blakej, George Blow, Jr. Caleb Boggess, James Boisseau, Peter B. Borst, Wood Uouldin, William W. Boyd, Thomas Branch, George W. Brent, Benj. W. Byrne, . Lewis D. Isbell, Marmaduke Johnson, Peter C. .Tohnston, Robert C. Kent, John R. K^lby, John J. Kindred, James Lawson, Walter D. Leake, William McComas, Paul McNeil, William H. Macfarland, Charles K. Mallory, James B. Mallory, James Marshall, John Q. Marr, John L. Marye, Sr. 64 JOURNAL OF THE COMMITTEE OF THE WHOLE. Messrs. Allen T. Caperton, William P. Cecil, John R. Cliambliss, Manilins Chapman, Samuel A. CofTman, Raphael M. Conn, C. B. Conrad, Robert Y. Conrad, Richard H. Cox, John Critcher, W. n. B. Custis, Harvey Deskins, James B. Dorman, John Echols, Miers W. Fisher, Thomas S. Flournoy, Napoleon B. French, Colbert C. Fiigate, Samuel M. Garland, II. L. Gillespie, Samuel L. Graham, Peyton Gravely, Algernon S. Gray, Fendall Gregory, Jr. William L. Goggin, John Goode, Jr. F. ].. Hale, Addison Hall, Cyrus ITall, L. S. Hall, Allen C. Hammond, Lewis E. Harvie, Alpheus F. Haymoud, .lames W. Hoge, James P. Holcombe, J. C^HoUaday, Eppa Hunton, Messrs. Thomas Maslin, Fleming B. Miller, Horatio G. Moffett, Robert L. Montague, Edmund T. Morris, Jeremiah Morton, William J. Neblett, Hugh M. Nelson, Johnson Orrick, AVilliam C. Parks, Edmund Pendleton, Wm. Ballard Preston, Samuel Price, David Pugh, George W. Ixandolph, George W. Richardson, Robert E. Scott, JohnT. Seawell, James W. Sheffey, Thomas Sitlington, Charles R. Slaughter, John M. Speed, Burwell Sjmrlock, Samuel G. Staples, James M. Strange, William T. Sutherlin, George P. Tayloe, John T. Thornton, Robert II. Turner, Franklin P. Turner, .Tohn Tyler, Edward Waller, AVilliams C. Wickham, Benjamin Wilson, Henry A. Wise, Samuel Woods, Benj. F. Wysor— lOG. Mr. Early moved to amend the resolution, by striking out all after the words ''of the," in the third line, and insert " Uruted States to resume the powers granted under the Federal Consti- tution whesonever the same should be perverted to their injury or oppression." . . Mr. Montague demanded a division of the question, and it was put upon striking out, and decided in the negative— yeas 34; nays 98. JOURNAL OF THE COMMITTEE OF THE WHOLE. 65 On motion of Mr. EARr,Y,the vote was recorded as follows: The names of those Avho voted in the affirmative are Messrs. Wilham B. Aston, John B. Baldwin, George Baylor, George W. Berlin, Caleb Boggcss, William G. Brown, John S. Burdett, James Barley, Benjamin W. Byrne, John A. Campbell, John S. Carlile, John A. Carter, James H. Couch, W. H. B. Custis, Marshall M. Dent, Jubal A. Early, Ephraim B. Hall, Messrs. Chester D. Hubbard, John N. Hughes, John J. Jackson, John F. Lewis, James C. McGrew, Henry H. Masters, Samuel McD. Moore, Logan Osburn, Spicer Patrick, George McC. Porter, William C. Scott, John D. Sharp, Alex. H. H. Stuart, Chapman J. Stuart, George W. Summers, Campbell Tarr, Wait. T. Willey— 34. The names of those who voted in the negative are- Messrs. John .Tamiey, (Prcs't) Messrs, William M. Ambler, Edward M. Armstrong, Alfred M. Barbour, Angus R,. Blakoy, George Blow, Jr. James Boisseau, Peter B. Borst, Wood Bouldin, William W. Boyd, Thomas Branch, George W. Brent, James C. Bruce, William P. Cecil, John R. Chambliss, Samuel A. Coffman, Raphael M. Conn, C. B. Conrad, Robert Y. Conrad, Richard H. Cox, John Critcher, Harvey Deskins, James B. Dorman, John Echols, 9 Peter C. Johnston, Robert C. Kent, John R. Kilby, John J. Kindred, James Lawson, Walter D. l^eake, William Mc Comas, Paul McNeil, William H. Macfarland, Charles K. Mallory, James Marshall, John Q. Marr, John L. Marye, Sr. Thomas Masfin, Fleming B. Miller, Horatio' G. Moffett, Robert L. Montague, Edmund T. Morris, Jeremiah Morton, William J. Neblett, Hugh M. Nelson, Johnson Orrick, William C. Parks, Wm. Ballard Preston, 66 JOURNAL OF THE COMMITTEE OF THE WHOLE. Messrs. Miers W. Fisher, Thomas S. Flournoy-j Napoleon B. French, Colbert C. Fngate, Sarniicl M. Garland^ H. L. Gillespie, Samuel L. Graham, Peyton Gravely, Algernon S. Gray, Eendall Gregory, Jr. William L. Goggin, .Tohn Goode, Jr. F. L. Hale, Addison Hall, Cyrus Hall, L. S. Hall, Allen C. Hammond, Lewis E. Harvie, Alpheus F. Haymond, James W. Hoge, James P. Holcombe, J. G. Holladay, Eppa Hunton, Lewis D. Isbell, Marmadukc Johnson, Messrs. Samuel Price, David Piigh, George W. Randolph, George W. Richardson^ Robert E. Scott, John T. Seawell, James W. ShefFey, Thomas Sitlington, Charles R. Slaughter, John M. Speed, Burwell Spurlock, Samuel G. Staples, James M. Strange, William T. Sntherlin, George P. Tayloe, John T. Thornton, Robert H. Turner, Franklin P. Turner, Jolin Tyler, Edward Waller, Williams C. Wickham, Benjamin Wilson, Henry A. Wise, Samuel Woods, Benj. F. Wysor— 98. Mr. Jackson moved to amend the resolution, by inserting be- tween the words ''the" and "right," in tbe third line, the word "revolutionary," and the question being put, was decided in the negative. Mr. Campbell moved to amend the resolution, by striking out all from the word "they," in the third line, to "and," in the seventh line, and inserting in lieu thereof the following:: "Assent that the people of the several States whensoever the powers granted by them under the Federal Constitution shall be perverted to their injury or op- pression, have tlie extra ultra constitutional right to resume the same, and that every power not granted by them remains with them and at their will." The question was put and decided in the negative. On motion of Mr. Summers, the resolution was amended, by striking from the third line the words "they concede." Mr. Montague moved to amend the resolution further, by inserting the words " they acknowledge" after the word "and" in the third line; and the question being put, was decided in the negative — yeas 29; nays 90. JOURNAL OF THE COMMITTEE OF THE WHOLE. 67 On motion of Mr. Montague, the vote was recorded as follows- 1 he names of those who voted in the affirmative are- Messrs. VVm. M. Ambler, Alfred M. Barbour, James Barbour, Angus R. Blalcey, George Blow, Jr. Frederick M. Cabell, William P. Cecil, John R. Chambliss, Sanuiel A. Coffman, Rai)liael M. Conn, Miers W. Fisher, Samuel I.. Graham, F. L. Hale, Eppa Hunton, Lewis D. Isbell, , jMessrs. Robert C. Kent, John J. Kindred, Walter D. Leake, Horatio G. Motfett, Robert L. Montague, Edmund T. Morris, George W. Richardson, John T. Scawell, James W. ShefTej, John M. Speed, Robert H. Turner, Henry A. Wise, Samuel Woods, Benj. F. Wysor— 29. The names of those who voted in the negative are- Messrs. John Janney, (PrcsH) Ed'd M. Armstrong, William B. Aston, .Tohn B. Baldwin, George Baylor, George W. Berlin, Caleb Boggess, Wood Bouldin, William W. Boyd, George W. Brent, William G. Brown, James C. Bruce, John S. Burdett, James Burley, Benj. W. Byrne, John A. Campbell, John S. Carlile, John A. Carter, Manilius Chapman, C. B. Conrad, Robert Y. Conrad, James H. Couch, W. H. B. Custis, Marshall M. Dent, Harvey Deskins, • James B. Dorman, Messrs. John J. Jackson, Marmaduke .rohnson, Peter C. Johnston, John R. Kilby, John F. Lewis, William McComas, James C. McGrew, Paul McNeil, William H. Macfarland, Charles K. Mallory, James B. Mallory, James Marshall, John Q. Marr, John L. Marye, Sr. Thomas Maslin, Henry H, Masters, Fleming B. Miller, Jeremiah Morton, Samuel McD. Moore, William J. Neblett, Logan Osburn, William C. Parks, Spicer Patrick, George McC. Porter, Wm. Ballard Preston, Samuel Price, 68 JOURNAL OF THE COMMITTEE OF THE WHOLE. Messrs. Jubal A. Early, John Echols, Thomas S. Flournoy, Colbert C. Pugale, Samuel M. Garland, H. L. Gillespie, Peyton Gravely, William L. Goggin, John Goode, Jr. Addison Hall, Ephraiin 13. Hall, L. S. Hall, Allen C. Hammond, Lewis E. Harvie, James W. Hoge, James P, Holcombe, J. G. HoUaday, Chester D. Hubbard, John N. Hughes, Messrs. David Pugh, George W. Randolph, Robert E. Scott, William C. Scott, John D. Sharp, Charles R. Slaughter, Bnrvvell Spnrlock, Alex. H. H. Stuart, Chapman J. Stuart, James M. Strange, George W. Summers, William T. Sutherlin, Cam])bell Tarr, George P. Tayloe, Edward Waller, William White, "Williams C. VVickham, Waitman T. Willey, Benjamin Wilson — 90. Mr. GooDK,of Bed ford, moved to amend the resolution further, by inserting the words "they assert" after the word "and," in the third line; and the question being put was decided in the negative. Mr. T.AUR moved to amend the resolution further, by striking out all after the word "governed," in the second hue, and in- serting in lien thereof, the following: " Denying the constitutional right of the people of the several States to secede from the Union; yet they may, in the exercise of their revolutionary right, dis- rupt the ties tiiat bind them to the Federal Government, and form such associa- tions with other States as may best promote their security and welfare." The question was put, and decided in the negative. The eiglitli resolution, as amended, was then adopted. On motion of Mr. Montague, the Committee rose. Tuesday, April 9, 1861. The consideration of the report of the Committee on Federal Relations was resumed. Mr. CoxRAD, of Frederick, moved to amend the tenth resolu- tion, by striking out the words, "Without expressing an opinion as to the question of power, but in deference to," and insertingr in Ueu thereof the words, " Concurring with." Negatived. JOURNAL OF THE COMMITTEE OF THE WHOLE. 69 Mr. Conrad then moved to amend by striking out the words, ^'Without expressing an opinion as to the question of power, but in deference to the opinion of the Federal authorities," and inserting in hen thereof, "Behoving that the Federal authorities have no power to deal with this subject in any way." The question was put, and decided in the negative — yeas 12; nays 114. On motion of Mr. Wise, the vote was recorded as follows: The names of those who voted in the affirmative are — • Messrs. Edw'd M. Armstrong, William G. Brown, John A. Carter, Robert Y. Conrad, Jnbal A. Early, H. L. Gillespie, Messrs. James Marshall, Logan Osburn, David Pugh, John D. Sharp, Chapman J. Stuart, William White— 12. The names of those who voted in the negative are — Messrs. John .Tanney, (PrcsH) Messrs. William M. Ambler, William B. Aston, John B. Baldwin, Alfred M. Barbour, Jamos Barbour, George Baylor, George W. Berlin, Angus R. Blakey, George Blow, Jr. Caleb Boggess, James Boisseau, Peter B. Borst, Wood Bon Id in, Thomas Branch, George W. Brent, James C. Bruce, John S. Burdett, Benjamin W. Byrne, Frederick M. Cabell, John A. Campbell, Allen T. Caperton, William P Cecil, John 11. Chiimbliss, Manilius Chapman, Samuel A. CofFinan, Raphael M. (^onn, C. B. Conrad, James H. Couch, James P. Holcombe, Chester D. Hubbard, .John N. Hughes, George W. Hull, Eppa Hunton, Marmaduke Johnson, Peter C. Johnston, Robert C. Kent, James Lawson, Walter D. Leake, John F. Lewis, William McComas, ^\ illiam H. Macfarland, Charles K. Mallory, James B. Mallory, John a. Marr, John L. Marye, Sr. Henry H. Masters, Horatio G. Molfett, Robert L, Montague, Edmund T. Morris, Jeremiah Morton, Samuel McD. Moore, William J. Neblett, Hugh jM. Nelson, Johnson Orrick, William C. Parks, Spicer Patrick, Edmund Pendleton, 70 JOURNAL OF THE COMMITTEE OF THE WHOLE. Messrs. Richard H. CoX; John Critcher, W. H. B. Custis, Marshall M. Dent, Harvey Deskins, James B. Dorman, WilHani H. Dulany, John Echols, Thomas S. Floiirnoy, Napoleon B. French, Colbert C. Fngate, Samuel M. Garland, Samuel L. Graham, Peyton Gravely, Algernon S. Gray, Fendall Gregory, Jr. William L. Goggin, John Goode, Jr. Thomas F. Goode, F. L. Hale, Addison Hall, Cyrus Hall, Ephraim B. Hall, L. S. Hall, Allen C. Hammond, Lewis E. Harvie, Alphens F. Haymond, James W. Hoge, Messrs. George McC. Porter, Samuel Price, George W. Richardson, Timothy Rives, Rohert E . Scott, William C. Scott, John T. Seawell, James W. Sheffey, Thomas Sitiington, Charles R. Slaughter, Valentine W. Southall, John M. Speed, Burwell Spurlock, Samuel G. Staples, James M. Strange, George W. Summers, William T. Sutherlin, Cami)bell Tarr, George P. Tayloe, John T. Thornton, William M. Tredway, John Tyler, Edward Waller, Williams C. Wickham, Waitman T. Willey, SaiTi'l C. Williams, Benjamin Wilson, Henry A. Wise — 114. Mr. Wipe moved to amend by striking out the whole resolu- tion, and inserting in lieu thereof the following: "10. Ttie people of Virginia hereby declare tlieir consent to the recognition of the separate independence of the seceded States; that tliey shall be treated with as independent powers; and that the proper laws shall be passed to effectuate their separation." Mr. ScoTT demanded a division of the question, and being put on striking out, was decided in the affirmative. The question recurred upon inserting the proposition submit- ted by Mr. Wise, and was decided in the affirmative — yeas 107; nays 20. On motion of Mr. Caelile, tiie vote was recorded as follows: The names of those who voted in the affirmative are — Messrs. Wm. M. Ambler, Messrs. James W. Hoge, Edward M. Armstrong, James P. Holcombe, William B. Aston, Chester D. Hubbard, John B. Baldwin. George W. Hull, JOURNAL OF THE COMMITTEE OF THE WHOLE. 71 Messrs. Alfred M. Barbour, James Barbour, George Baylor, George W. Berlin, Angus R. Blakey, George Blow, Jr. James Boisseau, Peter B. Borst, Wood Bouldin, George W. Brent, James C. Bruce, Benjamin W. Byrncj Frederick M. Cabell, John A. Campbell, Allen T. Caperton, William P. Cecil, John 11. Chambliss, Manilius Chapman, Samuel A. Coffman, Raphael M. Conn, C. B. Conrad, Robert Y, Conrad, James H. Conch, Richard H. Cox, John Critcher, W. H. B. Custis, Marshall M. Dent, Harvey Deskins, James B. Dorman, William H. Dulany, John Echols, Thomas S. Flournoy, Napoleon B. French, Colbert C. Fugate, Samuel M. Garland, H. L. Gillespie, Sanuiel L. Graham, Peyton Gravely, Algernon S. Gray, Fendall Gregory, Jr. William L. Goggin, John Goode, Jr. Thomas F. Goode, F. L. Hale, Addison Hall, Cyrus Hall, L. S. Hall, Messrs. Eppa Hnnton, MarmaduUe Johnson, Peter C, Johnston, Robert C. Kent, James Lawson, Walter D. Leake, William jNIcComas, William H. Macfarland, Charles K. Mallory, James B. Mallory, James Marshall, John Q,. Marr, John L. Marye, Sr. Henry H. Masters, Horatio G. Moffett, Robert L. Montague^ Edmund T. Morris, Jeremiah Morton, William J. Neblett, Hugh M. Nelson, Johnson Orrick, Logan Osburn, AVilliam C. Parks, Spicer Patrick, Edmund Pendleton, Samuel Price, David Pugh, George VV. Richardson, Robert E. Scott, William C. Scott, John T. Seawell, James W. Sheftey, Thomas Sidington, Valentine W. Southall, John M. Speed, Burwell Spurlock, Samuel G. Staples, Chapman J. Stuart, James M. Strange, William T. Sutherlin, George P. Tayloe, John T. Thornton, William M. Tredway, John Tyler, Edward Waller, Williams C. Wickham, Samuel C. Williams, 72 JOURNAL OF THE COMMITTEE OF THE WHOLE. Messrs. Allen C. Hammond, Messrs. Benjamin Wilson, Lewis E. Harvie, Henry A. Wise — 107. Alphens F. Haymond, The names of those who voted in the negative are — Messrs. John .Tanney, (PresH) Messrs. John F. Lewis, Caleb Boggess, James C. McGrew, William G. Brown, Samuel McD. Moore, John S. Bnrdett, George McC. Porter, John S. Carlile, Timothy Rives, John A. Carter, John D. Sharp, Jubal A. Early, George W. Summers, Ephraim B. Hall, Campbell Tarr, .John N. Hughes, William White, John J. Jackson, Wait. T. Willey— 20. Mr. WicKTt AM moved to amend the eleventh resolution, by striking out all after the word '^ relations," in the third line, and inserting the following: "Declares that the people of Virginia, confiding in the justice of the people of the other States, appeal to them for a satisfactory adjustment of those diffi- culties by the adoption of tiie amendments to the Constitution of the United States, hereto appended; they, therefore, invite the people of the several States, either by popular vote, or in State Conventions, similar to their own, to respond at their earliest convenience to the said proposition of amendment. And they declare that the definite refusal or neglect on the part of the non-slaveholding States to accede to such amendments, should and would result in the total and final disruption of the Union." Mr. MoNTGAUE moved to amend the proposed amendment by striking out the words, "popular vote," and inserting ''their proper authorities." Negatived. IMr. GooDE, of Bedford, moved to amend the proposed amend- ment, by adding thereto the following: "And in the event that this Commonwealth fails to obtain affirmative responses to her requests, from the non-slaveholding States, she will feel compelled to re- sume the powers granted by her under the Constitution of the United States, and to throw herself upon her reserved rights." The question being put, was decided in the negative — yeas 64; nays 69. On motion of Mr. Goode, of Bedford, the vote was recorded as follows: The names of those who voted in the affirmative are — Messrs. William M. Ambler, Messrs. James P. Holcombe, Edward M. Armstrong, Eppa Hunton, James Barbour, Robert C. Kent, Angus R. Blakey, James Lawson, JOURNAL OF THE COMMITTEE OF THE WHOLE. Y3 Messrs. George Blow, Jr. James Boisseaii, Peter B. Borst, Wood Bouldin, Thomas Branch, James C. Bruce, Frederick M. Cabell, John R. Chambliss, Manilius Chapman, Samuel A. CofFman, Raphael M. Conn, Richard II. Cox, John Echols, Thomas S. Flonrnoy, Sanuiel JM. Garland, Samuel L. Graham, Fendall Gregory, Jr. William L. Goggin, John Goode, Jr. F. L. Hale, Cyrus Hall, L. S. Hall, Lewis E. Harvie, Messrs. Walter D. Leake, Charles K. Mallory, James B. Mallory, John Q,. Marr, Jolin L. Marye, Sr. Robert L. Montague, Edmund T. Morris, Jeremiah Morton, William J. Neblctt, Johnson Orrick, William C. Parks, George W. Richardson, John T. Seawell, James W. ShefFey, John M. Speed, James M. Strange, William T. Sutherlin, John T. Thornton, William M. Tredway, John Tyler, Sauuiel C. Williams, Benjamin Wilson, Henry A. Wise — 54. The names of those who voted in the neeativc arc- Messrs. John Janney, (Preset) Messrs. William B. Aston, John B. Baldwin, Alfred M. Barbour, George Baylor, George W. Berlin, Caleb Boggess, George W. Brent, "William G. Brown, John S. Burdett, Benjamin W. Byrne, John A. Campbell, Allen T. Caperton, John S. Carlile, John A. Carter, C. B. Conrad, Robert Y. Conrad, James H. Couch, John Critcher, W. II. B. Custis, Harvey Ueskins, 10 John N. Hughes, John J. Jackson, Marmaduke Johnson, Peter C. Johnston, John F. Lewis, William McComas, James C. McGrew, William H. Macfarland, James Marshall, Henry H. Masters, Horatio G. iNlolfett, Samuel iMcU. JMoore, Logan Osburn, Spicer Patrick, Edmund Pendleton, George i\IcC. Porter, Samuel Price, David Pugh, Timothy Rives, Robert E. Scott, John D. Sharp, 74 JOURNAL OF THE COMMITTEE OF THE WHOLE. Messrs, James B. Dorman, William H. Dulany, Jubal A. Early, Napoleon B. French, Colbert C. Fiigate, H. L. Gillespie, Peyton Gravely, Algernon S. Gray, Addison Hall, Ephraim B, Hall, Allen 0. Hanmiond, Alphens F. Haymond, James W. Hoge, Chester D. Hubbard, Messrs. Thomas Sitlington, Charles R. Slaughter, Valentine W. Southall, Burwell Spurlock, Samuel G. Staples, Chapman J. Stuart, George W. Summers, Campbell Tarr, George P. Tayloe, Edward Waller, William White, Williams C. Wickham, Wait. T. Willey— 69. Mr. MoGrew moved to amend the proposed amendment by striking out the words, '' should and would result in the total and final disruption of the Union." Negatived. The question recurred upon the amendment submitted by Mr. Wickham. Mr. Wise demanded a division of the question, and it was put upon striking out, and decided in the negative — yeas 57; nays 68. On motion of Mr. W^ise, the vote was recorded as follows: The names of those who voted in the affirmative are — Messrs. John Janney, (Preset) Messrs. William B. Aston, John B. lialdwin, Ahred M. Barbour, George Baylor, George W. Berlin, Caleb Boggess, William G. Brown, John S. Biirdett, Benjamin W. Byrne, John A. Campbell, John S. Carlile, John A. Carter, C. B. Conrad, Robert Y. Conrad, James H. Couch, W. H. B. Custis, Harvey Deskins, William H. Dulany, .Tubal A. Early, Napoleon B. French, John N. Hughes, George W. Hull, John J. Jackson, Peter C. Johnston, John F. Lewis, William McComas, James C. McGrew, James Marshall, Henry H. Masters, Horatio G. Moffett, Samuel McD. Moore, Logan Osburn, Spicer Patrick, Edmund Pendleton, George McC. Porter, Samuel Price, David Pugh, Timothy Rives, Robert E. Scott, John D. Sharp, Thomas Sitlington, JOURNAL OF THE COMMITTEE OF THE WHOLE. 75 Messrs. Colbert C. Fugate, H. L. Gillespie, Peyton Gravely, Algernon S. Gray, Epiiraim 13. Hall, Alpheus F. Haymond, James W. Hoge, Chester D. Hubbard, Messrs. Burwell Spurlock, Chapman J. Stuart, George W. Summers, Campbell Tarr, William White, Williams C. Wickham, Wait. T. Willey— 57. The names of those who voted in the negative are- Messrs. Wm. M. Ambler, Messrs Edward M. Armstrong, James Barbour, Angus R. Blakey, George Blow, Jr. James Boisseau, Peter B. Borst, Wood Bouldin, Thomas Branch, George W. Brent, James C. Bruce, Frederick M. Cabell, Allen T. Capcrton, John R. Chambliss, Manilius Chapman, Sanniel A. Cotiman^ Raphael M. Conn, Richard H. Cox, John Cri teller, James B. Dorman, •John Echols, Thomas S. Flournoy, Samuel M. Garland, Samuel L. Graham, Feudall Gregory, Jr. William L. Goggin, John Goode, Jr. Thomas F. Goode, F. L. Hale, Addison Hall, Cyrus Hall, L. S. Hall, Allen C. Hammond, Lewis E. Harvie, . James P. Holcombe, Eppa Hunton, JNIarmaduke JoITnson, Robert C. Kent, James Lawson, Walter D. Leake, Wm. H. Macforland, Charles K. Mallory, James B. Mallorj-, John Q. Marr, John L. Marye, Sr. Robert L. Montague, Edmund T. Morris, Jeremiah Morton, WilHam J. Neblett, Johnson Orrick, William C. Parks, George W. Richardson, John T. Seawell, James W. Sheffey, Charles R. Slaughter, Valentine W. Southall, John j\L Speed, Samuel G. Staples, James M. Strange, William T. Siitherlin, George P. Tayloe, .Tohn T. Thornton, William M. Tredway, John Tyler, Edward W\aller, Samuel C, Williams, Benjamin Wilson, Hen'ry A. Wise— 6S. Mr. Wilson moved to amend the resolution by striking out 76 JOURNAL OF THE COMMITTEE OF THE WHOLE. the words, '^and to throw herself upon her reserved rights.'* Negatived. On motion of Mr. Willey, the resohition was amended by striking I'rom tlie 9th and 10th Hnes the Avords, ^'tlie positions assumed in the foregoing resohitions, and." Mr. Taru moved to amend the resohition further by striking out all after the word "appended," in the 11th hue; and the question being put, was decided in the negative — yeas 37; nays 81. On motion of Mr. Wise, the vote was recorded as follows: The names of those who voted in the alhrmativc are — Messrs. John .lanney, (Pres't) Messrs. WilHam B. Aston, .John B. B 11 Id win, Alfred M. Barbour, George Baylor, George W. Berlin, Caleb Boggess, William G. Brown, John 8. Jhirdett, John A. Campbell, John-S. Carlile, John A. Carter, C. B. Conrad, James II. Couch, Jubal A. Early, Colbert C. Fiigate, Ephraim B. Hall, Alpheus F. Haymond, Chester D. Hubbard, John J. Jackson J John F. Lewis, William Mc(/omas, James C. McGrew, James Marshall, Henry H. Masters, Logan Osbnrn, Spicer Patrick, Ednmnd Pendleton, George jMcC. Porter, Robert E. Scott, John D. Sharp, Thomas Sitlington, Chapman J. Stuart, George W. Summers, Campbell Tarr, Williams C. Wickham, Wait. T. Willey— 37. The names of those who voted in the negative are- Messrs. William Isl. Ambler, Messrs, Edward M. Armstrong, James Barbmir, Angus R. Blakey, George Blow, Jr. James Boisseau, Peter B. Borst, Wood Bouldin, Thomas Branch, George W. Brent, James C. Bruce, Benjamin W. Byrne, Frederick M. Cabell, George W. Hull, Eppa Hnnton, Marmaduke Johnson, Peter C. Johnston, Robert C. Kent, James Lawson, Walter D. Leake, William H. Macfarland, Charles K. Mallory, James B. Mallory, John Q,. ^larr, John L. Marye, Sr. Horatio G. Moifett, JOURNAL OF THE COMMITTEE OF THE WHOLE. V7 Messrs. John R. Chnmbliss, Manilius Chapnia^i, Sanmel A. Colfiiian, Raphael M. Conn, Robert Y. Conrad, Richard H. Cox, John Critcher, W. H. B. Custis, Harvey Deskins, WilUam H. Dniany, Thomas S. Flournoy, N. B. French, Samuel M. Garland, H. L. Gillespie, Samuel L.Graham, Peyton Gravely, Feiidall Gregory, Jr. Willi:im L. Goggin, John Goode, Jr. Thomas F. Goode, F. L. Hale, Addison Hall, Cyrus Hall, L: S. Hall, Allen C. Hammond, Lewis E. Harvie, James W. Hoge, James P. Holcombe, Messrs. Robert L. Montague, Edmund T. Morris, Jeremiah Morton, Samuel Mel). Moore, William J. Neblett, Hugh M. Nelson, Johnson Orrick, William C. Parks, David Pngh, George W. Richardson, William C. Scott, .John T. Seawell, James VV. ShelTey, Charles R. Slaughter, Valentine W. Southall, John M. Speed, Burwell Spnrlock, Samuel G. Staples, James M. Strange, William T. Sutherlin, George P. Tayloe, John T. Thornton, William M. Tredway, John Tyler, Edward Waller, Benjamin Wilson, Henry A. Wise— SL Mr. Baldwin moved to amend the resolution further by striking out all after the word ''therefore," in the 6th line, to the word "at," in the Sth line, and inserting in lien thereof the words, ''desires that the people of the sev^eral States be called upon to respond either by popular vote, or in Conventions simi- lar to her own." The amendment was agreed to. Mr. Goode, of Bedford, moved to anjend the resolution further by striking out the word "satisfactory," in the 12ili line, and inserting the word "affirmative," in lieu thereof; and the ques- tion being put, was decided in the negative — yeas 44; nays 74. On motion of Mr. Goodp:, of Bedford, the vote was recorded as follows: The names of those who voted in the affirmative are — Messrs. WiUiam M. Ambler, James Barbour, Angus R. Blakey, James Boisseau, Messrs. Lewis E. Harvie, James P. Holcombe, Eppa Hunton, Robert C . Kent, 78 JOURNAL OF THE COMMITTEE OF THE WHOLE. Messrs. Peter B. Borst, Wood Bouldin, James C. Bruce, Frederick M. Cabell, William P. Cecil, John R. Chambliss, Maiiilius Chapman, Raphael M. Conn, Richard II. Cox, John Echols, Thomas S. Plonrnoy, Samnel M. Garland, Samuel L. Graham, William L. John Goode, Jr. Thomas F. Goode, F. L. Hale, L. S. Hall, Goggm. Messrs. James Lawson, Walter D. Leake, John a. Marr, John L. Marye, Sr. Robert L. Montague, Edmund T. Morris, Jeremiah Morton, William J. Neblett, George W. Richardson, John T. Seawell, James W. Sheffey, John M. Speed, James M. Strange, William T. Sutherhn, John T. Thornton, William M. Tredway, Samuel C. Williams, Henry A. Wise — 44. The names of those who voted in the negative are — Messrs. John Jaimey, ( PresH) Messrs, William B. Aston, John B. Baldwin, Alfred M. Barbour, George Baylor, George W. Berlin, George Blow, Jr. Caleb Boggess, Thomas Branch, George W\ Brent, William G. Brown, John S. Burdett, Benjamin W. Byrne, John A. Campbell, Allen T. Caperton, John S. Carlile, John A. Carter, Samuel A. Cofl'man, C.B.Conrad, Robert Y. Conrad, James H. Couch, John Critcher, W. H. B. Custis, Marshall M. Dent, Harvey Deskins, James B. Dorman, James W. Hoge, Chester D. Hubbard, John N. Hughes, John J. Jackson, Marmaduke Johnson, Peter C. Johnston, John F. Lewis, William McComas, James C. McGrew, James B. Mallory, James Marshall, Henry H. Masters, Horatio G. Moffett, Samuel McD. Moore, Johnson Orrick, Logan Osburn, William C. Parks, Spice r Patrick, Edmund Pendleton, George McC. Porter, Samuel Price, David Pugh, Timothy Rives, William C. Scott, Thomas Sitlington, Chai'les R. Slaughter, JOURNAL OF THE COMMITTEE OF THE WHOLE. 79 Messrs. William H. Dnlany, Messrs. Biirwell Spnrlock, Jnbal A. Early, Samuel G. Staples, Napoleon B. French, Chapman J. Stuart, Colbert C. Fiigate, George W. Summers, H. L. Gillespie, Campbell Tarr, Peyton Gravely, George P. Tayloe, Algernon S. Gray, Edward Waller, Addison Hall, William White, Ephraim B. Hall, Williams C. Wickham, Allen C. Hannnond, Waitman T. W^illey, Alpheus F. Haymond, Benjamin Wilson — 74. Mr. Richardson moved to amend the resolution further by striking out all after the word ^'relations," in the 3d line, to the word "and," in the llth line, and inserting in lieu thereof the following: " Respectfully request llie people of the Northern States, as speedily as possi- ble, by majority votes in all of their Congressional Districts, to instruct their re- presentatives in Congress, to propose as soon as it can be assembled, the amend- ments to the Constitution, declared to be necessary by this Convention, to be ratified in one of the modes provided in the fifth article of the Constitution of the United States." Mr. Early moved to amend by striking out the whole reso- lution, and inserting in lieu thereof the following: " This Convention is of opinion that the extraordinary condition of the country, resulting from our present national difficulties, renders it proper and necessary that amendments siiould be made to the Federal Constitution, and it is also of opinion tbat tiie proposed amendments to the said Constitution hereunto ap- pended, if adopted, will be satisfactory to the people of Virginia, and ought to be so to all the other slave States." Mr. Hall, of Marion, demanded a division of the question, and it was put upon striking out, and dccified in the negative. Mr. Tarr moved to amend the resolution further by striking out all after the word "will," in the 14th line, and inserting in lieu thereof the words, "take such action as she may deem ne- cessary to the maintenance of her honor, and the protection of her interests;" and the question being put, was decided in the negative. On motion of Mr. Tarr, the vote was recorded as follows: The names of those who voted in the affirmative are — Messrs. John Janney, (PresH) Messrs. Chester D. Hubbard, William B, Aston, John J. Jackson, John B. Baldwin, John F. Lewis, George Baylor, William McComas, George W. Berlin, James C. McGrew, Caleb Boggess, Henry H. Masters, 80 JOURNAL OF THE COMMITTEE OF THE WHOLE. Messrs. William G. Brown, John S. Burdett, John A. Campbell, John S. Carlile, John A. Carter, C. B. Conrad, James IL Conch, W. H. B. Cnstis, Marshall M. Dent, Jnbal A, Early, Napoleon B. French, Colbert C. Fugate, Ephraim B. Hall, Alphens F. Ilaymond, Messrs. Logan Osburn, S])icer Patrick, Edmund Pendleton, George McC. Porter, Timothy Rives, Robert E. Scott, Thomas Sitlington, Chapman J, Stuart, George W . Summers, Campbell Tarr, Williams C. Wickham, Waitman T. Willey, Benjamin Wilson — 39. The names of those who voted in the negative are — Messrs. Wm. M. Ambler, Ed'd M. Armstrong, James Barbour, Angus R. Blakey, George Blow, Jr. James Boisseau, Peter B. Borst, Wood Bonldin, Thomas Branch, George W. Brent, James C. Bruce, Frederick M. Cabell, Allen T. Caperton, William P. Cecil, John ]l. Chambliss, Manilius Chapman, Samuel A. Coffman, Raphael M. Conn, Robert Y. Conrad, Richard H. Cox, John Critcher, Harvey Deskins, James B. Uorman, William H. Dulany, ^ John Echols, Thomas S. Flournoy, Samuel M. Garland, H. L. Gillespie, Samuel L. Graham, Peyton Gravely, Messrs. John N. Hughes, Eppa Hunton, Marmaduke Johnson, Peter C. Johnston, Robert C. Kent, James Lawson, Walter D. Eeake, Charles K. Mallory, James B. Mallory, James Marshall, John Q. Marr, John L. Marye, Sr. Horatio G. Moffett, Robert L. Montague, Edmund T. Morris, Jeremiah Morton, Samuel McD. Moore, AVilliam J. Neblett, Hugh M. Nelson, Jdhnson Orrick, William C. Parks, Samuel Price, David Pugh, George W. Richardson, William C. Scott, John T. Sea well, James W. Stieffey, Charles R. Slaughter, John M. Speed, Burwell Spurlock, JOURNAL OF THE COMMITTEE OF THE WHOLE. 81 Messrs. William L. Goggin, John Goode, .Ir. Thomas F. Goode, F. L. Hale, Addison Hall, Allen C. Hammond, Lewis E. Harvie, Janjes W. Hoge, James P. Holcombe, Messrs. Samuel G. Staples, .Tames M. Strange, William T. Sutherlin, George P. Tayloe, JolnrT. Thornton, William M. Tredway, Edward Waller, Samuel C. Williams, Henry A. Wise— 78. The question recm-red upon the adoption of the resolution as amended, and was decided in th« affirmative — yeas 81 ; nays 41. On motion of Mr. Goode, of Mecklenburg, the vote was re- corded as follows: The name's of those who voted in the affirmative are — Messrs. William M. Ambler, Messrs Edward M. Armstrong, Angus R. Blakcy, George Blow, Jr. Peter B. Borst, Wood Bouldin, Thomas Branch, George W. Brent, James C. Bruce, Benjamin W. Bj'rne, Frederick M. Cabell, Allen T. Caperton, Willinm P. Cecil, John R. Chambliss, Manilius Chapman, Samuel A. Coffman, Raphael M. Comi, Robert Y. Conrad, Richard H. Cox, John Critcher, W. H. B. Custis, Harvey Deskins, James B. Dorman, William H. Dulany, John Echols, Thomas S. Flonrnoy, Napoleon B. French, Samuel M. Garland, H. L. Gillespie, Sanniel L. Graham, Fendall Gregory, Jr. 11 Marmaduke Johnson, Peter C. Johnston, Robert C. Kent, James Lawson, Walter D. Leake, Charles K. Mallory, James B. Mallory, James Marshall, John Q. Marr, .Tohn L. Marye, Sr. Horatio G. j\ioffett, Robert L. Montague, Edmund T. ^Morris, Jeremiah Morton, Samuel 31c D. Moore, William J. Neblett, Hugh M. Nelson, Johnson Orrick, William C. Parks, David Piigh, George W. Richardson, Timothy Rives, Robert E. Scott, William C. Scott, John T. Seawell, James W. ShetFey, Charles R. Slaughter, John M. Speed, Bnrwell Spnrlock, Saiimel G. Staples, William T. Sutherlin, 82 JOURNAL OF THE COMMITTEE OF THE WHOLE. Messrs. William L. Goggin, John Goode, Jr. Thomas F. Goode, F. L. Hale, Addison Hall, Gyrus Hall, Allen G. Hammond, Lewis E. Harvie, James W. Hoge, James P. Holcombe, Messrs. George P. Tayloe, John T. Thornton, William M. Tredway, Edward Waller, William White, Williams C. Wickham, Samuel G. Williams, Benjamin Wilson, Henry A. Wise — 81. The names of those who voted in the negative are — Messrs. John Janney, (PrcsH) Messrs. William B. Aston, John B. Baldwin, Alfred M. Barbour, James Barbour, Qeorge Baylor, George W. Berlin, Caleb Boggess, James Boisseau, William G. Brown, John S. Burdett, John A. Gampbell, John S. Garble, John A. Garter, G. B. Gonrad, James H. Gouch , Marshall M. Dent, Jubal A. Early, Golbert G. Fiigate, Peyton Gravely, Ephraim B. Hall, Alpheus F. Haymond, Chester D. Hubbard, John N. Hughes, Eppa Hun ton, John J. Jackson, John F. Lewis, William McGomas, James G. McGrew, Henry H. Masters, Logan Osburn, Spicer Patrick, Edmund Pendleton, George McG, Porter, Samuel Price, Thomas Sitlington, Chapman J. Stuart, James M. Strange, George W, Summers, Gampbell Tarr, Wait. T. Willey— 41. On motion of Mr. Gritcher, the twelfth resolution was amended by inserting after the word ^^propositions," in the 2d line, the words ''of amendment." Mr. Garter moved to amend the resolution further by striking out all after the word "authority," in the 6th line, to the word ''nor," in the 10th line; and the question being put, was de- cided in the negative — yeas 34; nays 85, On motion of Mr. Morton, the vote was recorded as follows: The names of those who voted in the affirmative are — • Messrs. John Janney, (PresH) Messrs. John N. Hughes, John B. Baldwin, John J. Jackson, George W. Berlin, John F. Lewis, JOURNAL OF THE COMMITTEE OF THE WHOLE. 83 Messrs. Caleb Boggess, William G. Brown, John S. Burdett, Benj. W. Byrne, John A. Campbell, John S» Carlile, John A. Carter, C. B. Conrad, James H. Conch, Marshall M. Dent, Jnbal A. Early, Peyton Gravely, Ephraim B. Hall, James W. Hogc, Chester D. Hubbard, Messrs. James C. McGrew, Henry H. Masters, Sanuiei Mel). Moore, Logan Osburn, Spicer Patrick, Edmund Pendleton, George McC. Porter, Timothy Rives, Thomas Sitlinglon, Burwell Spurlock, Chapman J. Stnart, George VV. Summers, Campbell Tarr, William White, Wait. T. Willcy— 36. The names of those who voted in the negative are — Messrs. William M. Ambler, Messrs. Edward M. Armstrong, William B. Aston, Alfred M. Barbour, James Barbour, George Baylor, Angus R. Blakey, George Blow, Jr. James Boisseau, Peter B. Borst, Wood Bonldin, Thomas Branch, George W. Brent, James C. Bruce, Frederick M. Cabell, Allen T. Caperton, William P. Cecil, John R. Chambliss, INIanilius Chapman, Samuel A. Coifman, Raphael M. Conn, Robert Y. Conrad, Richard H. Cox, John Crilcher, W. H. B. Custis, Harvey Dcskius, James B. Dorman, William H. Dulany, John Echols, Lewis E. Hnrvie, Alpheus F. Hyymond, James P. Holcombe, Eppa Hun ton, Marmadukc .Johnson, Peter C. Johnston, Robert C. Kent, James Lawson, Walter D. Leake, Charles K. Mallory, James B. Mo 1 lory, James Marshall, .Tohn a. Marr, John L. Marye, Sr. Horatio G. Moffett, Robert L. Montague, Edmund T. Morris, Jeremiah Morton, William J. Ncblett, Hugh M. Nelson, Johnson Orrick, William C. Parks, Samuel Price, David Pngh, George W. Richardson, Robert E. Scott, William C. Scott, John T. Seawell, James W. Slielfey, 84 JOURNAL OF THE COMMITTEE OF THE WHOLE. Messrs. Thomas S. Floumoy, Napoleon B. French, Colbert C. Fiigate, Samuel M. Garland, H, L. Gillespie,, Samuel L. Graham, Fendall Gregory, Jr. William L. Goggin, John Goode, Jr. Thomas F. Goode, F. L. Hale, Addison Hall, Cyrus Hail, Allen C. Hammond, Messrs. Charles R. Slaughter,. Jolin M. Speed, Samuel G. Staf)]es, James M. Strange,, William T. Sutherlin^ George P. Tayloe, John T. Thornton, William M. Tredway, Edward Waller, Williams C. Wickham, Samuel C. Williams, Benjamin Wilson, Henry A. Wise — 85. On motion of Mr. Staples, the Committee rose. Wednesday, April 10, 1861. The consideration of the report of the Committee on Federal Belations was resumed. ]Mr. Akmsthong moved to amend the twelfth resolution fur- ther, by inserting after the word •' States^" in the eighth line, the words "within their jurisdiction." Negatived. On motion of Mr. Campbell, the resolution was amended further, by striking out the word "nor," in the eighth line. Mr. Carlilr moved to amend fiu'ther, by striking out all after the word "States," in the fifth line, and the question being put,, was decided in the negative — yeas 17; nays 101. On motion of Mr. Goode, of Mecklenburg, the vote was re- corded as follows: The names of those who voted in the affirmative are — Messrs. William G. Brown, .John S. Burdett, James Burley, John S. Carlile, John A. Carter, C. B. Conrad, Marshall M. Dent, Jubal A. Early, Chester D. Hubbard, Messrs. John N. Hughes, John F. Eewis, Samuel McD. Moore,. Spicer Patrick, George McC. Porter,. John D. Sharp, Chapman J. Stuart, Campbell Tarr— 17. JOURNAL OF THE COMMITTEE OF THE WHOLE. 85 The names of those who voted in the negative are — Messrs. John Janney, (P res' t) Messrs. Wilh"ani M. Ambler, Edward M. Armstrong, Wilham B. Aston, John 13. Haldwin, James Barbour, George Baylor, George W. Berhn, Angus R. Blakey, George Blow, Jr. James Boisseau, Peter B. Borst, Wood Bouldin, Thomas Branch, George W. Brent, James C. Bruce, Benjamin W. Byrne, Frederick M. Cabell, John A. Campbell, Allen T. Caperton, William P. Cecil, John K. Chambliss, Maniiius Chapman, Sanniel A. ColFman, Kaphael M. Conn, Robert Y. Com-ad, James H. Couch, Richard H. Cox, John Critcher, W. H. B. Custis, Harvey Deskins, James B. Dor man, William II. Dalany, John Echols, Thomas 8. Flonrnoy, Napoleon B. French, Colbert C. Fngate, Samuel M. Garland, H. L. Gillespie, Samuel L. Graham, Peyton Gravely, Algernon S. Gray, Fendall Gregory, Jr. William L. Goggin, John Goode, Jr. James P. Holcombe, Eppa Hun ton, Lewis D. Isbell, John J. Jackson, Marmaduke Johnson, Peter C. Johnston, Robert C. Kent, John R. Kilby, James Lawson, Walter D. l-eake, William McComas, James C. McGrcAV, William H. Macfarland, Charles K. Mallory, James B. Mallory, James Marshall, John Q. Marr, John li. Marye, Sr. Horatio G. Moffett, Edmund T. Morris, Jeremiah Morton, William J. Neblett, Hugh M. Nelson, Johnson Orrick, Logan Osbnrn, William C. Parks, Edmund Pendleton, Samuel Price, David Pngh, George W. Richardson, Timothy Rives, Robert E. Scott, John T. Sea well, James W. Shcffey, Thomas Sitlington, Charles R. Slaughter, Valentine W. Southall, John M. Speed, Burwell S]nn'lock, Samuel G. Staples, James M. Strange, George W. Sununers, William T. Sntherlin, John T. Thornton, William M. Tredway, 86 JOURNAL or THE COMMITTEE OF THE WHOLE. Messrs. Thomas I'\ Goode, F. L. Hale, Addison Hall, Cyrus Hall, L. S. Hall, Allen C. Hammond, Alpheiis P. Haymond, James VV. Hoge, Messrs. Edward Waller, William White, Williams C. Wickharn, W^aitman T. Willey, Samuel C. Williams^ Benjamin Wilson, Henry A. Wise, Benj. F. Wysor— 104. Mr. W^isE moved to amend the resolution further, by adding thereto, the following: "And the forts, arsenals, magazines, and other places ceded to the United States, in the limits of the seceded States, ought, for the purposes of pacifica- tion, to be evacuated by the authorities of the Federal Government." The question was put and decided in the negative — yeas 60 j nays 67. On motion of Mr. Wise, the vote was recorded as follows: The names of those who voted in the affirmative are — Messrs. Wm. M. Ambler, James Barbour, Angus R. Blakey, James Boisseau, Peter B. Borst, Wood Bouldin, Thomas Branch, James C. Bruce, Frederick M. Cabell, W^illiam P. Cecil, John R. Chambliss, Manilius Chapman, Samuel A. Coif man, Raphael M. Conn, ^ Richard H. Cox, w John Critcher, John Echols, Thomas S. Flournoy, Samuel M. Garland, Samuel L. Graham, Algernon S. Gray, Fend all Gregory, Jr. W^illiam L. Goggin, John Goode, Jr. Thomas F. Goode, F. L. Hale, Messrs. James P. Holcombe, Eppa Hun ton, Lewis I). Isbell, Robert C. Kent, John R, Kilby, James Lawson, Walter D. Leake, Charles K. Mai lory, James B. Mallory, John Q,. Marr, John L. Marye, Sr. Horatio G. Moffett, Edmund T. Morris, Jeremiah Morton. William J. Neblett, William C. Parks, George W. liichardson, John T. Sea well, James W. Sheftey, Valentine W. Southall, John M. Speed, James M. Strange, William T. Sntherlin, John T. Thornton, William M. Tredway, John Tyler, JOURNAL OF THE COMMITTEE OF THE WHOLE. 87 Messrs. Addison Hall, Cyrus Hall, L. S. Hall, Lewis E. Harvie, Messrs. Edward Waller, Samuel C. Williams, Henry A. Wise, Benj. F. Wysor — 60. The names of those who voted in the negative are — Messrs. John Janney, ( PrcsU) Messrs. ^ EdM^ard M. Armstrong, William B. Aston, John B. Baldwin, Alfred M. Barbour, George Baylor, George W. Berlin, George Blow, Jr. Caleb Bojjgess, William W. Boyd, George W. Brent, William G. Brown, John S. Burdett, James Bnrley, John A. Campbell, Allen T. Caperton, John S. Carlile, John A . Carter, O. B. Conrad, Robert Y. Conrad, James H. Conch, W. H. B. Custis, Marshall M. Dent, Harvey Deskins, James B. Dorman, William H. Dulany, Jubal A. Early, Napoleon B. French, Colbert C. Fugate, H. L. Gillespie, Peyton Gravely, Ephraim B. Hall, Allen C. Hammond, Alplieus F. Haymond, On motion of Mr. Summers, the resohition was amended further by striking from the seventh and eighth lines, the words, " the forts now in possession of the military forces of the United States;" and inserting in lieu thereof the words, ''any of the forts situate upon the mainland, or within the harbors of any of the seceded States." James W. Hoge, Chester D. Hubbard, John N. Hughes, John J. Jackson, Marmaduke Johnson, Peter C. Johnston, John F. Lewis, William McComas, James C. McGrew, William H. Macfarland, James Marshall, Samuel McD. Moore, Johnson Orrick, Logan Osburn, Spicer Patrick, Edmund Pendleton, George McC. Porter, Samuel Price, David Pugli, Timothy Rives, Robert E. Scott, John D. Sharp, Thomas Sillington, Charles R. Slaughter, Burwell Spurlock, Samuel G. Staples, Chapman J. Stuart, George W. Summers, Campbell Tarr, William White, Q Williams C. Wickham, Waitman T. Willey, Benjamin Wilson — 67. JOURNAL OF THE COMMITTEE OF THE WHOLE. Mr. Wise moved to amend further, by striking out the word^ "nor," in the seventh hrie, and inserting the word, ''except." Mr. Rives moved to amend the proposed amendment, by adding thereto the words, ''with provisions." Negatived. Mr. Wise, by general consent, then withdrew the amendment submitted by hiin. Mr. Baldwin moved to amend the resolution further, by adding thereto the following: ♦ "And the forts, arsenals, magazines, and other places ceded to the United States and situate on the mainland, or for the protection of the harbors of the seceded States ought, for the purposes of pacification, to be evacuated by the authorities of the Federal Government." The question being put was decided in the affirmative — yeas 102; nays 24. On motion of Mr. Wise, the vote was recorded as follows: The names of those who voted in the affirmative arc — Messrs. .Tohn Janney, (Preset) Messrs. William M. Ambler, Edward M. Armstrong, William 13. Aston, John B. Baldwin, Alfred M. Barbour, James Barbour, George Baylor, Angus R. Blakey, George Blow, Jr. James Boisseau, Peter B. Borst, Wood Bouldin, William W. Boyd, Thomas Branch, James C. Bruce, Benjamin W. Byrne, ^ Frederick M. Cabell, ^ John A. Campbell, "William P. Cecil, John R. Cliambliss, Manilius Chapman, Samuel A. Coffman, Raphael M. Conn, James H. Conch, Richard H. Cox, John Critcfier, Harvey Deskins, James B. Dorman, Lewis D. Isbell, Marmadukc Johnson, Peter C. Jojuiston, Robert C. Kent, John K. Kilby, James Lawson, Walter D. Leake, William McComas, Charles K. Mallory, .lames B. Mai lory, James Marshall, John Q,. Marr, John L. Marye, Sr. Horatio G. Moffett, Edmund T. Morris, Jeremiah Morton, 8amuel McD. Moore, Hugh M. Nelson, Johnson Orrick, Logan Osburn, William C. Parks, Spicer Patrick, Edmund Pendleton, Samuel Price, David Pugh, George W. Richardson, Timothy Rives, Robert E. Scott, William C. Scott, JOURNAL OF THE COMMITTEE OF THE WHOLE. 89 Messrs. William H, Dulany, John Echols, Thomas S. Flouriioy, Napoleon B. French, Colbert C. Fiigate, Samuel M. Garland, H. L. Gillespie, Samuel L. Graliam, Fcndall Gregory, Jr. William L. Goggin, John Goode, Jr. Thomas F. Goode, F. L. Hale, Addison Hall, Cyrus Hall, L. S. Hall, Allen C. Hanmiond, Lewis E. Harvie, Alpheus F.Haymond, James VV. Hoge, James P. Holcombe, Eppa Hunton, Messrs. John T. Seaweli, John D. Sharp, James W. Sheffey, Thomas Sitlington, Charles R. Slaughter, Valentine W. Southall, John j\I. Speed, Burwell Spurlock, Samuel G. Staples, Chapman J. Stuart, James ]\I. Strange, George W. Summers, William T. Sutherlin, John T. Thornton, William M. Tredway, John Tyler, Edward Waller, Williams C. Wickham, Samuel C. Williams, Benjamin Wilson, Henry A. Wise, Benj. F. Wysor— 102. The names of those who voted in the negative are- Messrs, Caleb Boggess, George W. Brent, William G. Brown, John S. Burdett, James Burley, John 8. Carlile, John A. Carter, C. B. Conrad, Robert Y. Conrad, VV. H. B. Custis, Marshall M. Dent, Jubal A. Early, Messrs. Peyton Gravely, (Chester U. Hubbard, John N. Hughes, John .1. Jackson, John F. Lewis, James C. BlcGrew, William H. Macfarland, Henry H. Mnsters, George McC. Porter, Campbell Tarr, William White, Wait. T. Willey— 24. v The twelfth resolution, as amended, was then adopted. On motion of Mr. Wise, the thirteenth resolution was amended in the eighth line, by striking out the word, ''them," and in- serting in lieu thereof, the words, "the people of Virginia." Mr. Wise moved to amend the resolution further, by striking out all after the word "Commonwealth," in the 5lli and 6th lines. Mr. Speed moved to amend the amendment by leaving out the words, "and they would regard any such action on the part 12 90 JOURNAL OF THE COMMITTEE OF THE WHOLE. of the seceded or confederated States as hurtful or unfriendly." Negatived. The question recurred upon the amendment submitted by Mr. Wise, and was decided in the negative — yeas 32; nays 79. On motion of Mr. Sheffey, the vote was recorded as follows: The names of those who voted in the affirmative are — Messrs. Wm. M. Ambler, James IJarbour, Angus R. Blakey, James Boisseau, Peter B. J5orst, Wood Bouldin, James C Bruce, Frederick M. Cabell, William P. Cecil, Manilius Cliapman, Raphael M. Conn, Thomas S. Flour noy, Samuel M. Garland, Fendall Ciregory, Jr. John Goode, Jr. Thomas F. Goode, Messrs. F. L. Hale, Cyrus Hall, James P. Holcombe, Lewis D. Isbell, Walter D. Leake, Charles K. Mallory, Edmund T. Morris, Jeremiah Morton, WiUiam.). Neblett, John M. Speed, James M. Strange, William T. Sutherlin, John T. Thornton, Samuel C. Williams, Henry A. Wise, Benj. F. Wysor— 32. The names of those who voted in the negative are — Messrs. John Janney, (Preset) Messrs. Edward j\L Armstrong, William B. Aston, John B. Baldwin, Alhed M. Barbour, George Baylor, George W. Berlin, Caleb Boggess, Thomas Branch, George W. Brent, William G. Brown, John S. Burdett, James Burley, Benjamin W. Bj'-rne, John A. Campbell, John S. Carlile, John A. Carter, Samuel A. Coffman, C. B. Conrad, Robert Y. Conrad, .John J. Jackson, Marmaduke Johnson, Peter C. Johnston, Robert C. Kent, James Lawson, John F. Lewis, William McComas, James C. McGrew, Wm. H. Macfarland, James B. Mallory, James Marshall, John Q. Marr, John L. Marye, Sr. Henry H. Masters, Horatio G. Moffett, Samuel McD. Moore, Johnson Orrick, Logan Osburn, William C. Parks, Spicer Patrick, JOURNAL OF THE COMMITTEE OF THE WHOLE. 91 Messrs. James H. Couch, W. n. 13. Cnstis, Marshall M. Dent, Harvey Deskins, James B. Dorman, Wilham H. Dulany, Juhal A. Early, John Echols, Napoleon B. French, Colbert C. Fugate, H. L. Gillespie, Peyton Gravely, Algernon S. Gray, Williaui L. Goggin, Addison Hall, Ephraim \l. Hall, Allen C. Hammond, Alphens F. Haymond, James W. Hoge, Chester D. Hubbard, Messrs. Edmund Pendleton, George McC. Porter, Samuel Price, David Pugh, Timothy Rives, Robert E. Scott, John L). Sharp, James W. Shefley, Charles R. Slaughter, Burwell Spurlock, Sanmel G. Staples, Chapman J. Stuart, George W. Summers, Campbell Tarr, Edward Waller, William White, Williams C. Wickham, Waitman T. Willey, Benjamin Wilson — 79. Mr. Bruce moved to amend, by striking out the whole of the pending resolution. Mr. Johnson moved to amend the resolution by striking out all after the word ''Government," in the second line, and in- serting in lieu thereof, the following: "Or of the Confederated States, tending to prodiic-c a rollision of forces pending efforts for the adjustment of existing diflicultics, as iin\\'ise and injurious to the interests of botli, and tliey would regard any such action on tiie part of either as leaving them free to determine their own future policy." Mr. DoRMAN moved to amend the proposed amendment, by striking out the word "them," and inserting the word ''them- selves." Negatived. The amendment proposed by l\Ir. Johnson was then agreed to. The question recurring upon the amendment submitted by Mr. Bruce was put, and decided in the negative — yeas 39; nays 86- On motion of Mr. Bruce, the vote was recorded as follows: The names of those who voted in the affirmative are — Messrs. William M. Ambler, James Barbour, Angus R. i?lakey, James Boisseau, Peter B. Burst, Messrs. Lewis D. Isbell, Robert C. Kent, James Lawson, Walter 1). Leake, James B. Mallory, 92 JOURNAL OF THE COMMITTEE OF THE WHOLE. Messrs. Wood Bouldin, Thomas Branch, James C. Bruce, Frederick M. Cabell, William P. Cecil, Raphael M. Conn, Thomas S. Flournoy, Samuel L. Graham, Fendall Gregory, Jr. John Goode, Jr. Thomas F. Goode, Cyrus Hall, Lewis E. Harvie, James P. Holcombe, Eppa Hunton, Messrs. Edmund T. Morris, Jeremiah Morton, William J. Neblett, George W. Richardson, John T. Seawell, Charles R. Slaughter, John M. Speed, James M. Strange, William T. Sutherlin, • John T. Thornton, William M. Tredway, Samuel C. Williams, Henry A. Wise, Benj. F. Wysor— 39. The names of those who voted in the negative arc — Messrs. John Janney, (Pres't) Messrs Edward M. Armstrong, Wilham B. Aston, John B. Baldwin, Alfred M. Barbour, George Baylor, George W. I^erlin, Geovge Blow, Jr. Caleb Boggess, Wilham W. Boyd, George W\ Brent, William G. Brown, John S. Burdett, James Barley, Benjamin W. Byrne, John A. Campbell, John S. Carlile, John A. Carter, Manilius Chapman, Samuel A. Coti'man, C. B. Conrad, Robert Y. Conrad, James H. Couch, John Critcher, W. H. B. Custis, Marshall JNI. Dent, Harvey Deskins, James B. Dorman, William H. Dulany, James W. Hoge, Chester 1). Hubbard, John N. Hughes, John J. .Tack son, Marmaduke Johnson, Peter C. Johnston, John F. Lewis, William McComas, James C. McGrew, William H. Macfarland, Charles K. Mallory, James Marshall, John Q,. Marr, John L. Marye, Sr. Henry H. Masters, Horatio G. MofFett, Samuel McL). Moore, Johnson Orrick, Logan Osburn, Wilham C. Parks, Spicer Patrick, Edmund Pendleton, George ]McC. Porter, Sanniel Price, David Pugh, Timothy Rives, Robert E. Scott, William C. Scott, John D. Sharp, JOURNAL OF THE COMMITTEE OF THE WHOLE. 93 Messrs. Jiibal A. Early, Messrs. .lames W. Sheffey, John Ecliols, Thomas SitUngton, Napoleon B. French, Bnrwell Spnrlock, Colbert C. Fugate, Samuel G. Staples, Samuel M. Garland, Chapman J. Stuart, H. L. Gillespie, George W. Svmimers, Peyton Gravely, Campbell Tarr, Algernon S. Gray, George P. Tayloe, William L. Goggin, Edward Waller, F. L. Hale, William White, Addison Hall, Robert H. Whitfield, Ephraira B. Hall, Williams C. Wickham, Allen C. Hammond, Waitman T. Willey, Alphens F. Haymond, Benjamin Wilson — 86. The thirteenth resolution, as amended, was then adopted. Mr. Flournoy moved to pass by the fourteenth resolution, for the present, with the view of proceeding to the consideration of the amendments to the Constitution of the United States, pro- posed by the Conmiittee on Federal Relations. Negatived. Mr. Scott, of Fau(]uier, moved to amend the fourteenth re- solution, by adding thereto the following: "And in the event that favorable responses on the part of the non-slavchold- ing States be not made to the proposed amendments to the Constitution, by tlie time appointed for the ro-asscmbliiia; of this body, it is the opinion of this Con- vention that the said States of Delaware, Maryland, North Carolina, Tennessee, Kentucky, Alissouri and Arkansas on?;ht to assemble in primary conventions, and in conjunction with this State convene at on the day of a Congress of the said States composed of delegates to be ap- pointed by the respective conventions thereof for the purpose of recommending an amended constitution of government upon which the Union of the States and the Confederated States with such of the non-slaveholding States as may concur therein can be safely eflected; to which Congress tlie Confederated States and the concurring non-slaveholding States ought to be invited to send Commis- sioners." JMr. Baldwin moved to amend the proposed amendment, hy striking out the clause "at on the day of ;" pending the consideration of which, On motion of Mr. Moore, the Committee rose. Thursd.w, April 11, 1861. The consideration of the report of the. Committee on Federal Relations was resumed. The amendment proposed yesterday, by Mr. Baldwin to the amendment to the fourteenth resolution, submitted by Mr. Scott, of P^auquier, was agreed to. 94 JOURNAL OF THE COMMITTEE OF THE WHOLE. Mr. Bruce then moved to amend the pending amendment, by striking out all after the word ^'and," in the first Hne, and inserting a proposition submitted by him; but, subsequently, he asked leave to withdraw the motion, and objection being made, the question was put on granting leave, and decided in the affir- mative. Mr. Wise moved to amend the proposed aniendmcnt, by stri- king out all after the word ''body/' in the 4th line, and insert- ing the following: "That the said States of Delaware, Maryland, North Carolina, Tennessee, Kentucky, Missouri and Arkansas be notified that this Convention will recom- mend to the people of Virginia to resume the powers granted by them under the Constitution of the United States, and to withdraw from their present confede- racy with non-slavcholding States; and that they be requested to unite wilh the people of Virginia in sucli withdrawal. And that it be also recommended to them to act, in said contingency, independently for themselves, and to withdraw, either separately or in conjunction with such of the border slaveholding States as will unite in their action, whether any or all of said States will unite in the same or not." The question was put, and decided in the negative — yeas 54; nays 79. On motion of Mr. Macfarland, the vote was recorded as follows: The names of those who voted in the affirmative are — Messrs. William M. Ambler, Messrs. Robert C. Kent, James Barbmir, .Tames I.jawson, Angus R. Blakey, Walter I). Leake, James Boisseau, William H. Macfarland, Peter B. Borst, Charles K. Mallf)ry, Wood Bouldin, James B. Mallory, Thomas Branch, John Q. Marr, James C. Bruce, John L. Marye,Sr. Frederick M. Cabell, Fleming B. Miller, William P. Cecil, Edmund T. Morris, John R. Chambliss, Jeremiah Morton, Manilius Chapman, William J. Neblett, Raphael M. Conn, George W. Richardson, Thomas S. Flournoy, John T.nSeawell, Samuel M. Garland, James VV. Sheffisy, Samuel L.Graham, Charles R. Slaughter, Fendall Gregory, Jr. John M. Speed, William L. Goggin, James M. Strange, John Goode, Jr. William T. Sutherlin, Thomas F. Goode, John T. Thornton, F. L. Hale, William M. Tredway, Cvrus Hall, Robert H. Turner, JOURNAL OF THE COMMITTEE OF THE WHOLE. 95 Messrs. L. S. Hall, • LeAvis E. Harvie, James P. Holcombc^ Eppa Hun ton, Lewis D. Isbell, Messrs. John Tyler, •Robert H. Whitfield, Samuel C. Williams, Henry A. Wise, Benj. F. Wysor — 54. The names of those who voted in the negative are Messrs. John Janney, (Pres't) Messrs. James W. Hoge,' / Edward M. Armstrong, William B. Aston, John B. Baldwin, George Baylor, George W. Berlin, George Blow, Jr. Calcl3 Bnggess, William W. Boyd, George W. Brent, William G. Brown, John 8. Bnrdett, James Barley, Benjamin W. Byrne, John A. Campbell, Allen T. Caperton, John S. Carlile, John A. Carter, Sherrard Clemens, Sanmel A. Coffman, C. B. Conrad, Robert Y. Conrad, James H. Couch, John Critciier, W. H. B. Custis, Marshall M. Dent, Harv^ey Deskins, James B. Dorman, William H. Dulany, Jubal A. Early, John Echols, Napoleon B. French, Colbert C. Ftigate, H. L. Gillespie, Peyton Gravely, Algernon S. Gray, Addison Hall, Ephraim B. Hall, Allen C. Hammond, Alpheus F. Haymond, J. G. Holladay, Chester D. Hubbard, John N. Hughes, George W. Hull, John J. .lackson, Marmaduke Johnson, Peter C. Johnston, John F. Lewis, William McComas, James C. McGrew, James Marshall, Thomas Maslin, Henry H. Masters, Horatio G. Moftett, Samuel McD. Moore, Johnson Orrick, Logan Osburn, Spicer Patrick, Edmund Pendleton, George jMcC, Porter, Samuel Price, David Pngh, Timothy Rives, Robert E. Scott, John D. Sharp, Thomas Sitlington, Valentine W. Southall, Burwell Spurlock, Samuel G. Staples, Chapman J. Stuart, George W. Summers, Campbell Tarr, George P. Tayloe, Edward Waller, William White, Williams C. Wickham, Waitman T. Willey, Benjamin Wilson — 79. 9G JOURNAL OF THE COMMITTEE OF THE WHOLE. Mr. Wise then moved to amend the proposed amendment, by adding thereto the following: "And in the event that the said Congress shall not concur in measures of ad- justment of pcnditif!: difricultios, acceptable to Virginia, then it be recommended to the people of Virginia to resume the powers granted by them under the Con- stitution of the United States." The question was put, and decided in the negative — yeas 48j nays 82. On motion of Mr. Wipe, the vote was recorded as follows: Tiic names of those wlio voted in the affirmative are — Messrs, Wm. M. Ambler, (jieorge Blow, Jr. James Boisseau, Peter B. Borst, AV^ood Boiildin, William W. Boyd, Frederick M. Cabell, William P. Cecil, John R. Chambliss, Maniliiis Chapman, Samuel A. Cofl'man, Raphael M. Conn, Samuel M. Garland, Samuel 1^. Graham, Fendall Gregory, Jr. William li. Goggiii, John Goode, Jr. Thomas F. Goode, F. L. Hale, L. S. Ihdl, Lewis K. Harvie, James P. Ilolcoinbe, Eppa Hunton, Lewis D. Is bell. Messrs. Robert C. Kent, James Lawson, Walter I). Leake, Charles K. Mallory, John U. Marr, John ].. .Ahirye, Sr. Fleming B. Miller, Edmund T. Morris, Jeremiah Morton, William J. Neblett, William C. Parks, George W, Richardson, John T. Seawell, James W. Sheffey, John M. Speed, James M. Strange, John T. Thornton, Robert H. Turner, John Tyler, Robert H. Whitfield, Samuel C. A\ illiains, Benjamin Wilson, Henry A. Wise, Benj. F. Wysor^S. The names of those who voted in the negative are- Messrs. John Janney, (PrcsH) Messrs. Ed'd M. Armstrong, William B. Aston, John B. Baldwin, George Baylor, George W. Berlin, Calei) Boggess, Thomas Branch, J. G. Holladay, Chester D. Hubbard, John N. Hughes, George W. Hull, John J. Jackson, Marmaduke Johnson, Peter C. Johnston, John F. Lewis, JOURNAL OF THE COMMITTEE OF THE WHOLE. 97 Messrs. George W. Brent, William CJ. Brown, James C Bruce, John S. Burdett, James Burley, Beiijanjin VV. Byrne, John A. Campbell, Allen T. Caperton, John S. Carlile, John A, Carter, Sherrard Clemens, C. B. Conrad, Robert Y. Conrad, James H. Couch, John Critcher, W. H B. Custis, Marshall M. Dent, Harvey Deskins, James B. Dorman, William II. Dnlany, Jubal A. Early, John Echols, Thomas S. Flournoy, Napoleon B. French, Colbert C. Fugate, H. L. (lillespie, Peyton Gravely, Algernon S. Gray, Addison Hall, Ephraim B. Hall, Allen C. Hammond, Alpheus F. Haymond, James W. Hoge, Messrs. William McComas, James C. McGrew, William H. Macfarland, James B. Mallory, James Marshall, Thomas Maslin, Henry H. Masters, Horatio G. Moffett, Samuel McD. Moore, Johnson Orrick, Logan Osburn, Spicer Patrick, Edmund Pendleton, George McC. Porter, Samuel Price, David Pngh, Timothy Rives, Robert E. Scott, John D. Sharp, Thomas Sitlington, Charles R. Slaughter, Valentine W. Southall, Burwell Spnrhck, Samuel G. Staples, Chapman J. Stuart, George W. Summers, William T. Sutherlin, Campbell Tarr, George P. Tayloe, Edward W^aller, William White, Williams C. Wickham, Wait. T. Willey— 80. Mr. Thornton moved to amend the proposed amendment, by striking out all after the word ''body," in the 4th line, and in- serting the following: " Tlie State of Virginia will immediately resume the powers wliirh she has delegated to the Federal Government under the Federal Constitution; and the Convention would earnestly recommend to the slavehoiding States yet remoining in the Union to assemble at once in conventions, and [irovide for a similar re- sumption of their granted powers; and it is also tlie opinion of this Convention that in the contingency which has heen indicated, all the slave States, as well those now in the Union, as those forming the Confederate States, should assem- ble in Congress for the formation of a permanent constitution of government." The question was put, and decided in the negative — yeas 54j nays 77. 13 JOURNAL OF THE COMMITTEE OF THE WHOLE. On motion of Mr. Hauvie, the vote was recorded as follows: The names of those who voted in the affirmative are — Messrs. William M. Ambler^ James Barbour, Angus R. Blakey, James Boisseau, Peter B. Borst, Wood Bouldin, Thomas Branch, James C. Bruce, Frederick M. Cabell, WilHam P. Cecil, John R. Chambliss, Manihus Chajiman, Raphael M. Conn, Thomas S. Flournoy, Samuel M. Garland, Samuel L. Graham, Fondall Gregory, Jr. Wilham L. Goggin, John Cioode, Jr. Thomas F. Goode; F. ].. Hale, L. S. Hall, Allen C. Hammond, Lewis E. Harvie, James P. Holcombe, Eppa Hunton, Lewis D. Isbell, Messrs. Robert C. Kent, Walter D. Leake, Charles K. Mallory, James. B. Mallory, John Q. Marr, John L. Marye, Sr. Fleming B. Miller, Edmund T. Morris, Jeremiah Morton, Johnson Orrick, William C. Parks, George W. Richardson, John T. Sea well, James W. ShefTcy, Charles R. Slaughter, Valentine W. Southall, John M. vSpeed, James M. Strange, ' William T. Sutherlin, Jolin T. Thornton, "William M. Tredway, Robert H. Turner, John Tyler, Robert H. Whitfield, Samuel C. Williams, Henry A. Wise, Benj. F. Wysor — 54. The names of those who voted in the negative are — Messrs. John Janney, (Pres't) Messrs. Edward M. Armstrong, William B. Aston, John B. Baldwin, Alfred M. Barbour, George Baylor, George W. Berlin, George Blow, Jr. Caleb Boggess, William W. Boyd, George W. Brent, William G. Brown, John S. Burdett, James Barley, James W. Hoge, J. G. Holladay, Chester D. Hubbard, John N. Hughes, George W. Hull, John J. Jackson, Marmaduke Johnson, Peter C. Johnston, John F. Lewis, William McComas, James C. McGrew, Wm. H Macfarland, James Marshall, Thomas Maslin, JOURNAL OF THE COMMITTEE OF TEE WEOLE. 99 Messrs- Bonjnmin W. Byrne, John A. Campbell, Allen T. Caperton, John S. Carlile, John A. Carter, 8herraid Clemens, Samuel A. Coffman, C B. Conrad, Robert Y. Conrad, James H. Couch, John Critcher, W. H. B. Custis, Marshall M. Dent, Harvey Deskins, James B. Dorman, William PI. Dulany, Jiibal A. Early, John Echols, Napoleon B. French, Colbert C. Fngate, H. h. Gillespie, Peyton Gravely, Addison Hall, Ephraim B. Hall, Alpheus F. Haymond, Messrs. Henry H. ^^asters, Horatio G. Moffett, Samuel j\lcl). Moore, Logan Osburn, Spicer Patrick, Edmnnd Pendleton, George McC, Porter, Samuel Price, David Pngh, Timothy Hives, Robert E. Scott, John D. Sharp, Thomas Sitlington, Bnrwell Spnrlock, Samuel G. Staples, Chapman J. Stuart, George VV. Summers, Campbell Tarr, George^P. Tayloe, Edvard Waller, AVilliam White, Williams C. Wickham, Waitman T. Willey, Benjamin Wilson — 77. Mr. BouLDiN moved to amend the proposed amendment, by striking frotn the 16th line the word ^'concurring;" and the question being put, was decided in the affirmative — yeas 70; nays 01. On motion of Mr. Wise, the vote was recorded as follows: The names of those who voted in the affirmative are — Messrs. Wm. M. Ambler, Ed'd M. Armstrong, Angus R. Blakey, George Blow, Jr. James Boisseau, Peter B. Borst, Wood Bouldin, William W. Boyd, Thomas Branch, James C. Bruce, Frederick M. Ca])ell, Allen T. Caperton, John R. Chambliss, Messrs. James Lawson, Walter D. liCake, William H. Macfxrland, Charle.s K. Mallory, James B. Mallory, James INIarshall, iohn Q. Marr, John L. Marye, Sr. Fleming B. Miller, Horatio G. Moffett, Edmund T. Morris, Jeremiah Morton, Hugh M. Nelson, 100 JOURNAL OF THE COMMITTEE OF THE WHOLE. Messrs. Manilius Chapman^ Raphael M. Conn, Robert Y. Conrad, James B. Dornian, John Echols, Thomas S. Flournoy, Samiu'l M. Garland, H. L. Gillespie, Samuel li. Graham, Fendall Gregory, Jr. William L. Goggin, John Goode, Jr. Thomas F. Goode, F. L. Hale, Cyrns Hall, L. S. Hall, Allen C. Hammond, Lewis E. Harvie, James P^. Holcombe, Eppa Hnntoti, Lewis D. Isbell, Robert C. Kent, Messrs, Jolinson Orrick, Wilham C. Parks, Edmund Pendleton, David Piigh, George W. Richardson, John T. Sea well, James VV. Sheffey, Charles R. Slaughter, Valentine W. Southall, John M. Speed, Samuel G. Staples, James M. Stran<:e, William T. Suiherlin, George P. Tayloe, John T. Thornton, William M. Tredway, Robert H. Turner, John Tyler, Edward Waller, Robert H. Whitfield, Samufd C. W illiams, Henry A. Wise — 70. The names of those who voted in the nesative are — Messrs. John Janney, (Preset) Messrs. William B. Aston, Jnhn B. Baldwin, Alfred M. Barbour, George Baylor, George W. Berlin, Caleb Boggess, George VV. Brent, William G. Brown, John S. Burdett, James Burley, Benjamin W. Byrne, John A. Campbell, John S. Carlile, John A. Carter, Sherrard Clemens, C. B. Conrad, James H. Couch, John Critcher, VV. H. B. Cnstis, Marshall M. Dent, Harvey Deskins, Alpheus F. Haymond, James VV. Hoge, J. G. Hf Uaday, Chester D. Hubbard, George W. Hull, John J. Jackson, Marmadnke Johnson, Peter C. Johnston, John F. Lewis, William McComas, James C. McGrew, Thomas Maslin, Henry H. Masters, Samuel xMcD. Moore, Logan Osburn, Spicer Patrick, George McC. Porter, Samuel Price, Timothy Rives, Robert E. Scott, John D. Sharp, Thomas Sitlington, JOURNAL OF THE COMMITTEE OF THE WHOLE. 101 Messrs. William H. Diilany, Jiibal A. Early, Napoleon B. French. Colbert C. Fugate, Peyton Gravely, Algernon S. Gray, Addison Hall, Ephraim B. Hall, Messrs. Burwell Spurlock, Chapman .1. Stuart, George W. Summers, Campbell Tarr, William White, Williams C. Wickham, Waitnian T. Willey, Benjamin Wilson — GO. On motion of Mr. Bouldin, the amendment was further amended in the IGth line, by inserting after the word ''States," the words ''concurring in the amendments to the Federal Con- stitution proposed by this Convention." Mr. Carlile moved to amend the amendment further, by striking from the 3d and 4lh lines the words " time appointed for the re-assembling of this body," and inserting in lieu thereof, "fourth day of jNIarch, 18G5;" but, subsequently asked leave to withdraw the motion, and objection being made, the question v/as put on granting leave, and decided in the affirmative. On motion of Mr. Summers, the amendment was further amended in the first line, by striking out the word "favorable" and inserting the word "satisfactory." Mr. Wise moved to amend the amendment further, by adding thereto the following: •• But this Convention protests that this provision for a separate Congress, to be held by States still remaining in the Union, shalll not be construed to erect a government superseding the present Congress and Government of the United States, and whilst holding this exclusive and sectional Congress, it shall not au- thorize any Stale to enter into any treaty, alliance, or confederation, and into no agreement or compact with another State, contrary to the first and third clauses of section ten of article one of the Constitution of the United States." The question was put and decided in the negative — yeas 27; nays 100. On motion of Mr. Wise, the vote was recorded as follows: The names of those who voted in the affirmative are — Messrs. William M. Ambler, Angus R. Blakey, Peter B. Borst, William P. Cecil, John R. Cham bliss, Raphael M. Conn, Samuel L. Graham, Wilham L. Goggin, John Goode, Jr. Thomas F. Goode, Messrs. Lewis D. Isbell, James L^awson, Walter D. Lea Ice, Edmund T. Morris, Jeremiah Morton, William J. Neblett, John T. Seawell, John M. Speed, James M. Strange, John T. Thornton, 102 JOURNAL OF THE COMMITTEE OF THE WHOLE. Messrs. F. L. Hale, Cyrus Hall, Lewis E. Harvie, Eppa Himton, Messrs. Robert H. Turner, Samuel C. V\ illiams, Henry A. Wise — 27. The names of those who voted in the negative are — Messrs. .Tnhn Janney, (Preset) Messrs. Edward M. Armstrong, William B. Aston, John B. Baldwin, Alfred M. Barbour, James Barbour, George Baylor, George W. Berlin, George Blow, Jr. Caleb Boggess, Wood Bouldin, William W. Boyd, Thomas Branch, George W. Brent, William G. Brown, James C. Bruce, John S. Burdett, James Burley, Benjamin W. Byrne, Frederick M. Cabell, John A. Campbell, Allen T. Caperton, John S. Carlile, John A. Carter, Manilius Chapman, Sherrard Clemens, Samuel A. Colfman, C. B. Conrad, Robert Y. Conrad, James H. Couch, John Critcher, W. H. B. Custis, Marshall M. Dent, Harvey Deskins, James B. Dorman, William H. Dulany, Jnbal A. Earlj^, John Echols, Thomas S. Flournoy, Napoleon B. French, James P. Holcombe, J. G. Holladay, Chester D. Hubbard, George W. Hull, John J. Jackson, Marmadnke Johnson, Peter C. Johnston, Robert C. Kent, John R. Kilby, Johu F. Lewis, William McComas, James C. McGiew, William H. Maclarland, Charles K. Mallory, James B. Mai lory, James Marshall, John Q,. Marr, John L. Marye, Sr. Thomas Maslin, Henry H. Masters, Horatio G. Moffett, Samuel McD. Moore, Johnson Oriick, Logan Osburn, William C. Parks, Spicer Patrick, Edmund Pendleton, George jNIcC. Porter, David Pugh, George W. Richardson, Timothy Rives, Robert E. Scott, John D. Sharp, James W. ShefFey, Thomas Sitlington, Charles R. Slaughter, Valentine W. Southall, Burwell Spurlock, Samuel G. Staples, Chapman J. Stuart, JOURNAL OF THE COMMITTEE OF THE WHOLE. 103 Messrs. Colbert C. Fugate, Samuel M. Garland, H. L. Gillespie, Peyton Gravely, Algernon S. Gray, Addison Hall, Ephraim B. Hall, Allen C. Hammond, Alphens F. Haymond, James W. Hoge, Messrs. George W, Summers, William T. Sutherlin, Campbell Tarr, George P. Tayloe, William M. Tredway, Edward Waller, William White, Williams C. VVickham, Waitman T. Willey, Benjamin Wilson — 100. Mr. Macfarland moved to amend the amendment further, by striking out all after the word '^Arkansas," in the Gth line, and inserting the following: "And such of the non-slave States as may declare their assent to the said amendments oiic;ht to resume the powers granted under the Constitution, and withdraw from tiieir present Confederacy, and provide in their act of resump- tion and withdrawal for a Congress, composed of delegates from the Confede- rated and other States aforesaid, to recommend a constitution under which this union can be effected." The question was put and decided in the negative. Mr. Macfarland then moved to amend the amendment in the same line, by striking out the word -'and," he indicating a purpose to follow up the amendment, if agreed to, with a far- ther proposition to amend. The question was put and decided in the negative. Mr. Slaugfiter moved to amend the amendment further, by striking out all after the word "and," in the first line, and in- serting, "also to cause conventions similar to this to be held in each of said States, to meet on the day which may be fixed for the re-assembling of this Convention." The question was put, and decided in the negative — yeas 49; nays 8:3. On motion of Mr. Flournoy, the vote was recorded as follows: The names of those who voted in the affirmative are — Messrs. William M. Ambler, James Barbour, Angus R. Blakey, James Boisseau, Peter B. Borst, Wood Bouldin, Thomas Branch, James C. Bruce, Frederick M. Cabell, William P. Cecil, Messrs. James P. Holcombe, Eppa Hunton, Lewis D. Isbell, Robert C. Kent, James Lawson, Walter D. Leake, Charles K. Mallory, Jolm Q,. Marr, Fleming B. Miller, Edmund T. Morris, 104 JOURNAL OF THE COMMITTEE OF THE WHOLE. Messrs, John R. Cham bliss, ManiHus Chapman, Raphael M. Conn, John Echols, Thomas S. Flournoy, William W. Forbes, Samuel M. Garland, Samuel L. Graham, Fendall Gregory, Jr. William L. Goggin, John Goode, Jr. Thomas F. Goode, F. L. Hale, Cyrns Hall, Lewis E. Harvie, Messrs. Jeremiah Morton, William J. Neblett, George W. Richardson, John T. Seawell, Charles R Slaughter, Samuel G. Staples, James M. Strange, William T. Sutherlin, John T. Thornton, William M. Tredway, Robert H. Turner, Samuel C. Williams, Henry A. Wise, Benj. F. Wysor— 49. The names of those who voted in the negative are — Messrs. John Janncy, (PrcsU) Messrs. Edward M. Armstrong, William 13. Aston, John B. Baldwin, Alfred M. Barbour, George Baylor, George W. Berlin, George Blow, Jr. Caleb Boggess, William W. Boyd, George W. Brent, William G. Brown, John S. Burdett, James Burley, Benjamin W. Byrne, John A. Campbell, Allen T. Caperton, JiMin S. Carlile, Sherrard Clemens, Samuel A. Coffman, C. B. Conrad, Robert Y. Conrad, James H Couch, John C rite her, W. H. B. Custis, Marshall M. Dent, Harvey Deskins, James B. Dorman, William H. Dulany, John N. Huj George W. ,ghes, 5 H.iU, John J. Jackson, Marmaduke Johnson, Peter C. Johnston, John R. Kilby, John F. Lewis, William McComas, James C. McGrew, William H. Macfarland, James B. JVlallory, James Marshall, John L. Marye, Sr. Thomas Maslin, Henry H. Masters, Horatio G. Motfett, Samuel McD. Moore, Johnson Orrick, Lo»an Osburn, William C. Parks, Spicer Patrick, Edmund Pendleton, George McC. Porter, Samuel Price, Uavid Pugh, Timothy Rives, Robert E. Scott, John D. Sharp, Thomas Sitlington, JOURNAL OF THE COMMITTEE OF THE WHOLE. 105 Messrs. .Tubal A. Early, Napoleon B. French, Colbert C. Fiigate, H. L. Gillespie, Pe3'^ton Gravely, Algernon S. Gray, Addison Hall, Ephraim B. Hall, Allen C. Hammond, Alpheus F. Haymond, James W. Hoge^ J.G. Holladay, Chester D. Hubbard, Messrs. Valentine W. Southall, Burwell Spurlock, Chapman J. Stuart, George W. Summers, Campbell Tarr, George P. Tayloe, Edward Waller, William White, Robert H. Whitfield, Williams C. Wickham, Waitman T. Willey, Benjamin Wilson — 83. Mr. Flourxoy moved to amend the amendment further, by inserting after the word '^ Constitution," in the third line, the words "presented by this Convention;" and the question being put, was decided in the negative — yeas 56; nays 72. On motion of Mr. Ambler, the vote was recorded as follows: The names of those who voted in the affirmative are — Messrs. William M. Ambler, Angus R,. Blakey, James Boisseau, Peter B. Borst, Wood Bouldin, Thomas Branch, James C. Bruce, Frederick M. Cabell, Allen T. Caperton, William P. Cecil, John R. Chambliss, Manilius Chapman, Samuel A. Coffiiian, Raphael M. Conn, .Tames B. Dor man, JoIhi Echols, Thomas S. Flournoy, William VV. Forbes, Samuel M. Garland, Samuel L. Graham, Peyton Gravely, Fendall Gregory, Jr. William L Goggin, John Goode, Jr. Thomas F. Goode, 14 Messrs. Lewis E. Harvie, James P. Holcombe, Eppa Hunton, Lewis D. Isbell, Robert C. Ivent, John R. Kilby, James Lawson, Walter D. liCake, Charles K. Mallory, John (i. Marr, John L. Marye, Sr. Edmund T. Morris, Jeremiah Morton, William J. Neblett, Johnson Orrick, George W. Richardson, John T. Sea well, Charles R. Slaughter, Valentine W. Southall, Samuel G. Staples, James M Strange, William T. Sntherlin, John T. Thornton, William M. Tredway, Robert H. Turner, 106 JOITRNAL OF THE COMMITTEE OF THE WHOLE. Messrs. F. L. Hale, Cyras Hall, L. S. Hall, Messrs. Samuel C. Williams, Henry A. Wise, Beiij. F. Wysor — 56. The names of those who voted in the negative are — Messrs. John J auney, (Pros'' t) Messrs. Edward M. Armstrong, William B. Aston, John B. Baldwin, Alfred M. Barbour, George Baylor, George Blow, Jr. Caleb Boggess, William W. Boyd, George W. Brent, William G. Brown, John S. Bnrdett, Janies Biirley, Benjamin W. Byrne, John A. (vampbell, John S. Curlile, Sherrard Clemens, C. B. Conrad, Robert Y. Conrad, James H. Couch, .lohn Critcher, W. H. B. Custis, Harvey Deskins, William H. Dnlany, Jubal A. Early, Napoleon B. French, Colbert C. Fngate, H. L. Gillespie, Algernon S. Gray, Addison Hall, Ephraim B. Hall, Allen C. Hammond, Alpheus F. Haymond, James W. Hoge, J. G. Holladay, Chester D. Hubbard, John N. Hughes, George W. Hull, John J. Jackson, Marmaduke Johnson, Peter C. Johnston, John F. Lewis, William Mn Comas, James C. McGrew, William H. Macfarland, James B. Mallory, James Marshall, Thomas Maslin, Henry H. Masters, Horatio G . Moffett, Samuel McD. Moore, Logan Osbnrn, Spicer Patrick, Edmund Pendleton, George McC. Porter, Samuel Price, David Pngh, Timothy Rives, Robert E. Scott, John D. Sharp, Thomas Sitlington, Burwell Spurlock, Chapman J. Stuart, George W. Summers, Canjpbell Tarr, George P. Tayloe, Edward AValler, William White, Robert H. Whitfield, Williams C. Wickham, Waitman T. Willey, Benjamin Wilson — 72. On motion of Mr. Marr, the Committee rose. JOURNAL OF THE COMMITTEE OF THE WHOLE. 107 Friday, April 12, 1861. The consideration of the Report of the Committee on Federal Relations was resumed. Mr. Wise moved to amend tlie amendment of Mr. Scott, by- striking from the 10th and llth hnes, the words '< appointed by the respective conventions thereof," and inserting the f )llowing: "Elected lor this State by the people thereof, voting by congressional districts for thirteen delegates, one for each district, and by the Slate at large for two delegates, one to be selected from tiic east and one from the west of the Blue Ridge." The question was put and decided in the negative — yeas 53; nays 74. On motion of Mr. Goode, of Mecklenburg, the vote was re- corded as follows: The names of those who voted in the affirmative are — Messrs. William M. Ambler, •Tames Barbour, Angus R. Blakey, James J3oisseau, Peter B. Borst, Wood Bouldin, William W. Boyd, Thomas Branch, James C. Bruce, Frederick M. Cabell, William P. Cecil, John R. Chambliss, Samuel A. Coffman, Raphael M. Conn, Thomas S. Flournoy, William W. Forbes, Sanmel M. Garland, Samuel L. Craham, Fendell Gregory, Jr. William L. Goggin, John Goode, Jr. Thomas F. Goode, F. L. Hale, Cyrus Hall, Lewis E. Harvie, James P. Ilolconibe, Eppa Hun ton. Messrs. Lewis D. Isboll, Kohert C. Kent, James Lawson, William H. Macfarland, Charles K. Mallory, James B. Mallory, John Q. Marr, John L. Marye, Sr. Fleming B. Miller, Ednuind T. Morris, Jeremiah Morton, George W. Richardson, Timothy Rives, James W. Shelley, Charles R. Slaughter, John M. Speed, James j\l. Strange, William T. Sutlierlin, William M. Tredway, Robert H. Turner, John Tyler, Edward Waller, Samuel C. Williams, Benjamin Wilson, Henry A, Wise, Benj. F. Wysor— 53. 108 JOURNAL OF THE COMMITTEE OF THE WHOLE. The names of those who voted in the negative are — Messrs. Jolm Janney, (PresH) Messrs. Edward M. Armstrong, WilUam B. Aston, John B. Baldwin, Alfred M. Barbour, George Baylor, George W. Berlin, George Blow, Jr. CalelD Boggess, George W. Brent, Wilhani G. Brown, John S. Burdett, James Bnrley, Benjamin W. Byrne, John A. Campbell, Allen T. Caperton, John S. Carlile, John A. Carter, Manilius Chapman, Sherrard Clemens, C. B. Conrad, Robert Y. Conrad, James H. Couch, John Critcher, W. H. B. Custis, Marshall Al. Dent, Harvey DesUins, James B. Dorman, William H. Dulany, Jnhal A. Early, John Echols, JNapoleon B. French, Colbert C. Fugate, H. L. Gillespie, Pe^'ton Gravely, Algernon S. Gray, Ephraim B. Hall, Allen C. Hammond, Alphens F. Haymond, J. G. Holiaday, Chester D. Hubbard, John N. Hughes, George W. Hull, John J. Jackson, Peter C. Johnston, John R. Kilby, John F. Lewis, William McComas/ James C. McGrew, James Marshall, Thomas Maslin, Henry H. Masters, Horatio G. Moffett, Samuel Mel). Moore, Logan Osburn, William C. Parks, Spicer Patrick, Edmund Pendleton, George McC. Porter, Sanmel Price, David Pugh, Robert E. Scott, John D. Sharp, Thomas Sitlington, Valentine W. Southall, Bm-well Spurlock, Chapman J. Stuart, George W. Summers, Campbell Tarr, George P. Tayloe, William White, Robert H. Whitfield, Williams C. Wickham, Wait. T. AVilley— 74. After the result was announced Mr. Wilson asked leave to correct his vote so as to record it in the negative instead of in the atlirmative. The Chair decided that the correction could not be made except by general consent. Mr. Morton inoved to amend the amendment, by striking out the word ^'responses," in the first line, and inserting the word '^ answers." He subsequently asked leave to withdraw the mo- JOURNAL OF TEfE COMMITTEE OF THE WHOLE. 109 tion, but objection being made, the question upon granting leave was put, and decided in the affirinative. Mr. BouLDiN moved to amend the amendment, by striking from the 10th and 1 1th lines- the words ^^ appointed by the re- spective conventions thereof," and inserting the followino-: "Elected for this State by tlie people tlicreof voting by districts, arran2;cd on the suffrage basis of representation, for fifteen delegates, one for each district." The qnestion was put, and decided in the negative— yeas 61 j nays 60. On motion of Mr. Bouldix, the vote was recorded as follows: The names of those who voted in the affirmative are — Messrs. William M. Ambler, .Tames Barliour, Angus R. Blakey, James Boisseau, Wood Bontdin, William W. Boyd, Thomas Branch, James C. Brnce, Frederick M. Cabell, William P. Cecil, John R. Chambliss, Manilins Chapman, Sherrard Clemens, Samuel A. Coffman, Rapliael M. Cmm, John Echols, Thomas S. Flonrnoy, William W. Forbes, Samuel M. Garland, H. L. Gillespie, Samuel L. Graliam, Peyton Gravely, F(nidaH Gregory, Jr. William li. Goggin^ John Goode, Jr. Thomas F. Goode, F. L. Hale, L. S. Hall, Lewis E. Harvie, James P. Holcombe, Eppa Hnnton, Messrs. Lewis D. Isbell, Robert C. Kent, James Lawson, William H. Macfarland, Charles K. Mallory. James B. Mallory, John Ti. Ma rye, Sr. Fleming B. Miller, Edmund T. Morris^ Jeremiah Morton, William C. Parks, George W. Richardson, Timothy Rives, John T. Seawoll, James W. Shefiey, Charles R. Slaughter, Valentine W. Solithall, John M. Speed, Samuel G. Staples, Chapman J. Stuart, James M. Strange, William T. Suthcrlin, George P. Ta^ loe, William M. Tredway, Robert H. Turner, John Tyler, Edward W'allcr, Robert H. Whitfield, Samuel C. Williams, Benj. F. Wysor— 61. 110 JOURNAL OF THE COMMITTEE OF THE WHOLE. The names of those wlio voted. in the negative are- Messrs. .John .Tanney, (Pres''t) Messrs. Ijdward M. Armstrong, AS'illiam B. Aston, John B. Baldwin, Alfred M. Barhour, George Baylor, George W. Berlin, George Blow, Jr. Caleb Boggess, George \V' . Brent, William G. Brown, John S. Btirdctt, James Bnrley, Benjamin W. Byrne, John A. Campbell, Allen T. Caperton, John S. Carlile, John A. Carter, C. B. Conrad, Robert Y. Conrad, James II. Conch, John Crilcher, W. H. B. Cnstis, Marshall M. Dent, Harvey Deskins, James B. Dorman, William H. Dulany, Jubal A. Early, Napoleon B. French, Colbert C. Fugate, Algernon S. Gray, Ephraim B. Hall, Allen C. Hammond, Alphens F. Haymond, J. G. Holladay, Chester D. Hnbbard, John N. Hughes, George W. Hull, John J. Jackson, Peter C. Johnston, John R. Kilby, John F. Lewis, William McComas, James C. McGrew, James Marshall, Thomas Maslin, Henry II. Masters, Horatio G Moffett, Samuel McD. Moore, Logan Osbnrn, Spicer Pa nick, Edmund Pendleton, George McC. Porter, Samuel Price, David Pugh, Robert K. Scott, John I). Sharp, Thomas Sitlington, Burwell Spurlock, George W. Summers, Campbell Tarr, William White, Williams C. Wickham, Waitman T. Willey, Benjamin Wilson, Henry A. W'ise — 66. Mr. Baldwin moved to amend the amendment, by inserting after the word <' Government," in the 12th line, the words ''to be submitted, for ratification, to the people of the several States." The question was put, and decided in the affirmative — yeas 124; nays 4. On motion of Mr. Wise, the vote was recorded as follows: The names of those who voted in the affirmative are — Messrs. John Jamiey, (Preset) Messrs. Chester D. Hubbard, Wm. M. Ambler, John N. Hughes, JOrRKAL OF THE COMMITTEE OF THE WHOLE. Ill Messrs. Edw'd M.Armstrong, AVilliam B. Aston, John B. Baldwin, Alfred M. Barbour, James Barbour, George Baylor, George W. Berlin, Angus R. Blakey, George Blow, Jr. Caleb Boggess, Peter B. Borst, Wood Bonldin, William \V. Boyd, Thomas Branch, George W. Brent, William G. Brown, James C. Bruce, John S. Burdett, James Burley, Benjamin W. Byrne, Frederick M. Cabell, John A. Campbell, John S. Carlile, John A. Carter, William P. Cecil, Manilius Chapman, Sherrard Clemens, Saniuel A. CofFman, Raphael M. Conn, ('. B. Conrad, Robert Y. Conrad, .lames H. Couch, John Critcher, W. H. B. Custis, Marshall M. Dent, Harvey Deskins, James B. Dorman, William H. Dulany, Jubal A. Early, John Echols, Thomas S. Flournoy, William W. Forbes, Napoleon B. French, Colbert C. Fugate, Samuel M. Garland, H. L. Gillespie, Samuel L, Graham, Messrs. George W. Hull, Eppa Huntou, Lewis 1). Isbcll, John J. Jackson, Peter C. Johnston, Robert C. Kent, James Lawson, Walter D. Leake, John F. Lewis, William Mc Comas, James C. McGrew, William H. Macfarland, Charles K. Mai lory, James B. Mallmy, James Marshall, John Q, Marr, John L. ]\Iarye, Sr. Thomas Maslin, Henry H. Masters, Flem'ing B. Miller, Horatio G. Mnffett, Edmund T. Morris, •Terciniah Morton, ^ San)uel McD. Moore, Hugh M. Nelson, Johnson Orrick, Logan Osburn, William C. Parks, Spicer Patrick, Edmund Pendleton, George McC. Porter, Samuel Price, David Pugh, George VV. Richardson, Timothy Rives, Robert E. Scott, John D. Sharp, James W. Sheffey, Thomas Sitlington, Charles R. Slaughter, Valentine W. Southall, John M. Speed, Samuel G. Staples, Chapman J. Stuart, James M. Strange, George W. Summers, William T. Sutherlin, 112 JOURNAL OF THE COMMITTEE OF THE WHOLE. Messrs. Peyton Gravel \^, Algernon S. Gray, Fendall Greg.iry, Jr. William L. Goggin, John Goodc, Jr. Thomas F. Goode, F. L. Hale, Ephraim 1^. Hall, L. S. Hall, Allen C. Hammond, Lewis E. Harvie, Alphens F. Haymond, James V. Holcombe, J. G. Holladay, Messrs. Campbell Tarr, George P. Tayloe, John T. Thornton, Robert H. Turner, John Tyli^r, Edward W^aller, William White, Robert H. Whitfield, Williams C. Wickham, Waitman T. W'illey, Samnel C. Williams, Benjamin Wilson, Henry A. Wise, Benj. F. Wysor— 124. The names of those who voted in the negative are — Messrs. James Boisseau, John R. Chambliss, Messrs. John R. Kilby, Wni. M. Tredway— 4. Mr. Harvie moved to amend the amendment further, by stri- king out frf)m the <' Constitution," in the third line, to the Avord ''it," in the fourth hue, and inserting " by the first of October next." The question was put, and decided in the negative — yeas 44j nays TO. On motion of Mr. Harvie, the vote was recorded as follows: The names of those who voted in the aflirmative are — Messrs. William M. Ambler, James Barbour, Angus R. Blakey, Jan)es Boisseau, Peter B. Borst, AVood Bouldin, James C. Bruce, Frederick M. Cabell, William P. Cecil, John R. Chambliss, Manilius Chapman, Raphael M. Conn, John Echols, William W. Forbes, Samuel M. Garland, Samuel L. Graham, Fendall Gregor\', Jr. Messrs. Lewis E. Harvie, James P. Holcombe, Eppa Hunton, Lewis D. Isbell, Robert C. Kent, James Lawson, Charles K. Mallory, John Q,. Marr, Fleming B. ]\liller, Edmund T. ^lorris, Jeremiah ^lorlon, George W. Richardson. James W. 8heffey, John M. Speed, James M. Strange, William T. Sutherlin, William M. Tredway, JOURNAL OF THE COMMITTEE OF THE WHOLE. 113 Messrs. William L. Goggin, John Goode, Jr. Thomas F. Goode, F. L. Hale, L. S. Hall, Messrs. Robert H. Turner, John Tyler, Samuel C. Williams, Henry A. Wise, Benj. F. Wysor — 44. The names of those who voted in the negative are- Messrs. John Janney, (PresH) Messrs, Edward M. Armstrong, AVilliain B Aston, John B. Baldwin, Alfred M. Barbour, George Baylor, George W. Berlin, Caleb Boggess, Thomas Branch, William G. Brown, John S. Bnrdett, James Burley, Benjamin W. Byrne, John A. Campbell, John S. Carlile, John A. Carter, ►Shcrrard Clemens, C. B. Conrad, Robert Y. Conrad, James H. Couch, John Critcher, W. H. B. Cnstis, Marshall M. Dent, Harvey Deskins, James B. Dorman, William H. Dulany, Jnbal A. Early, Napoleon B. J-^rench, Colbert C. Fugate, H. L. Gillespie, Peyton Gravely, Algernon S. Gray, Ephraim B. Hall, Allen C. Hammond, Alpheus F. Haymond, J. G HoUaday, Chester D. Hubbard, John N. Hughes, George W. Hull, John J. Jackson, Peter C. Johnston, John R. Kilby, John F. Lewis, William Mc Comas, James C. McGrew, William H. Macfarland, James B. Mallory, James Marshall, John L. Marye, Sr. Thomas Maslin, Henry H. Masters, Horatio G. Moffett, Samuel McD. Moore, Johnson Orrick, Logan Osburn, Spicer Patrick, Edmund Pendleton, George McC. Porter, Samuel Price, David Pugh, Timothy Rives, Robert E. Scott, John D. Sharp, Thomas Sitlington, Valentine W. Southall, Burwell Spurlock, Chapman J. Stuart, George W. Summers, Campbell Tarr, George P. Tayloe, Edward Waller, William White, Robert H. Whitfield, Williams C. Wickham, Waitman T. Willey, Benjamin Wilson — 76. 15 114 JOUKNAL OF THE COMMITTEE OF THE WHOLE. Mr. Wise moved to amend the amendment, by inserting after the word "time/' in the third line, the words "to be." Ne- gatived. Mr. Early moved to amend the amendment, by striking out from the word "Constitution," in the third line, to the word "it," in the fourth line, and inserting "within a reasonable time." Negatived. Mr. Blakey moved to amend the amendment, by striking out from the word " delegates," in the tenth line, to the word "for," in the eleventh line, and inserting the following: "Corresponding in number to the number of electors to which the said States are respectively entitled in a presidential election; the said delegates shall be elected by the people of the said States at elections to be held in tdeir respective electoral districts, and in said Congress each State shall cast the same number of Totes that she now casts in the Congress of the United States." The question was put and decided in the negative. Mr. GooDE, of Mecklenburg, moved to amend further, by stirking out the word " Confederated," in the 13th line, and in- serting the word "Southern." Negatived , The amendment, as amended, was then adopted — yeas 76; nays 42. On motion of Mr. Harvie, the vote was recorded as follows: The names of those who voted in the affirmative are — Messrs. John Janney, (Pres''t) Messrs. K. M. Armstrong, William B. Aston, John B. Baldwin, George Baylor, George W. Berlin, George Blow, Jr. Caleb Boggess, William W. Boyd, George W. Brent, William G. Brown, John S. Burdett, Benjamin W. Byrne, John A. Campbell, Allen T. Caperton, John A. Carter, Manilius Capman, Samuel A. Coffman, C. B. Conrad, Robert Y. Conrad, James H. Couch, W. H. B. Custis, John N. Hughes, George W. Hull, John J. Jackson, Peter C. Johnston, John 11. Kilby, Jofin F. Lewis, William McComas, James B. Mallory, James Marshall, John Q,. Marr, John L. Marye, Sr. Thomas Maslin, Henry H. Masters, Horatio G. Moifett, Samuel McD. Moore, Johnson Orrick, Logan Osburn, William C. Parks, Spicer Patrick, Edmund Pendleton, George McC. Porter, Samuel Price, JOURNAL OF THE COMMITTEE OF THE WHOLE. 115 Messrs. Marshall M. Dent, Hr.rvey Deskins, James B. Dorman, William H. Dniauy, Jubal A. Early, John Echols, Napoleon B. French, Colbert C. Fiigate, H. L. Gillespie, Peyton Gravely, Algernon S. Gray, Ephraiin B. Hall, Allen C. Hammond, Alpheus F. Haymond, James W H.>ge, Chester D. Hubbard, Messrs. David Pngh, Timothy Rives, Robert E. Scott, John D. Sharp, Thomas Sitlin^ton, Valentine W. Southall, Burwell Spurlock, Chapman J. Stuart, George W. Summers, Canjpbell Tarr, George P. Tayloe, Edward Waller, William White, Robert H, Whitfield, Williams C. Wiclcham, Wait. T. Willey— 76. The names of those who voted in the negative are- Messrs. Wm. M. Ambler, Angus R. Blakey, James Boisseau, Peter B. Borst, Wood Bouldin, James C. Bruce, Frederick M. Cabell, William P. Cecil, Raphael M. Conn, Thomas S. FInurnoy, William W. Forbes, Samuel M. Garland, Samuel L. Graham, Fondall Gregory, Jr. William L. Goggin, John Goode, Jr. Thomas F. Goode, F. L. Hale, L. S. Hall, Lewis E. Harvie. James P. Holcombe, Messrs. Eppa Hun ton, Lewis D. Isbell, Robert C. Kent, James Lawson, Charles K. Mai lory, Edmund T. Morris, Jeremiah Morton, George W. Richardson, James W. Sheffey, Charles R. Slaughter, John M. Speed, James M. Strange, William T. Suiherlin, John T. Thornton, William M. Trcdway, Robert H. Turner, John Tyler, Samuel C. Williams, Benjamin Wilson, Henry A. Wise, Benj. F. Wysor— 42. The fourteenth resolution, as amended, was then adopted. Ihe report of the Committee on Federal Rplations, proposincr amend.nents to the Constitution of the United States, was then taken up for consideration. 116 JOURNAL OF THE COMMITTEE OF THE WHOLE. Mr. Wise moved to amend the report, by striking out the first section, and inserting the following: "1. In all the present territory of the United Slates, involuntary servitude, as it now exists, shall remi^in and shall not he changed; nor shall any law he passed by Congress or Ihe territorial legislatures to hinder or prevent the taking of per- sons held to service or lahor, from anj of the States of this Union to said terri- tory, nor to impair the rights arising from said relation; nor shall said rights he in any manner afl'ected hy any preexisting law of Mexico in the part acquired from her; hut the same shall he protected by necessary remedial laws as other rights, and be suhiect to judical cognizance in the Federal Courts, according to existing laws, and to the remedies and practice of the common law except so far as they may be modified hy the existing territorial laws. And, when any territory, within such boundary as Congress may prescribe, shall contain a popu- lation equal to that required for a member of Congress, it shall, if its form of government he republican, be admitted into the Union on an equal footing with the original States, with or without involuntary servitude, as such Constitution of the State may provide. In all territory which may hereafter be acquired by the United States, involuntary servitude is proljihited, except for crime, north of thirty-six degrees thirty-minutes; but shall not he prohibited by Congress or any territorial legislature, and shall be protected by law, south of that line." Mr. MoRToi* moved to amend the proposed amendment, by striking out the following clause: " In all territory which may hereafter he acquired by the United States, invo- luntary servitude is prohibited, except for crime, north of thirty-six degrees thirty minutes; but shall not be prohibited by Congress or any territorial legisla- ture, and shall be protected by law south of that line." The (juestion was put and decided in the negative. The amendment submitted by ^Ir. Wlse was then rejected — yeas 28; nays 81. On motion of ^Ir. Conuad, of Frederick, the vote was re- corded as follows: The names of those who voted in the affirmative are — Messrs. William M. Ambler, Messrs. F. L. Hale, Angus 11. Blakey, L. S. Hall, Jaiucs Boissean, Lewis E. Harvie, Peter B. Borst, Eppa Hunton, Frederick M. Cabell, Lewis I). Isbell, Wilham P. Cecil, Robert C. Kent, Sanniel A. Colfman, Ediimnd T. Morris, Raphael M. Conn, George W. Richardson, William W. Forbes, James M. ^Strange, Samuel M. Garland, Robert II. Turner, Samuel L. Graham, John Tyler, Fen Jail Gregory, Jr. Samuel C. Williams, John Goode, Jr. Henry A. Wise, Thomas F. Goode, Benj.' F. Wysor— 28. JOURNAL OF THE COMMITTEE OF THE WHOLE. 117 The names of tiiose who voted in the negative are — Messrs. John Janney, (Pres''t) Messrs. George W. Hull, Edward M. Armstrong, William B. Aston, John J. Jackson, Peter C. Johnston, John R. Killby, James Lawson, Jolin F. Lewis, WiUiam McComas, James B Mallory, James Marshall, John Q,. Marr, John L Marye, Sr. Henry H. Masters, Horatio G. Moffett, Jeremiah Morton, Samuel IMcF). Moore, LiOgan Osburn, Wilham C. Paries, S|)icer Patrick, Kdmiind Pendleton, George McC Porter, Samuel Price, David Pngh, Tiinoihy Rives, Robert E. Scott, John D. Sharp, James W. Sheffey, Thomas Sitlington, Charles R. Slaughter, A^alentine W. Southall, Burw'cll Spurhck, Chapman J. Stuart, George W. Summers, Campbell Tarr, George P. Tayloe, John T. Thornton, William M. 'I'redway, Edward Waller, William White, Robert H. Whitfield, Williams C. Wickham, Waitnian T. W'illey, Benjamin Wilson — SI. Mr. Ambler moved to amend the report, by striking out the first section, and inserting the following: " 1. Congress shall have power to legislate and provide forms of government John B. Baldwin, Alfred M. Barbour, George Baylor, George W\ Berlin, George Blow, Jr. Caleb Boggess, Wood Bon Id in, William W. Boyd, Thomas Branch, George W. Brent, William G. l^rown, John S. Burdctt, James Burley, Benjamin \V. Byrne, John A. Campbell, John A. Carter, Mauilius Chapman, C. B. Conrad, Robert Y. Conrad, James H. Couch, W. H B. Custis, Marshall M. Dent, Harvey Deskins, James B. Dorman, Jubal A, Early, John Echols, Thomas S. Flournoy, Napoleon B. French, Colbert C. Fugate, H. L. Gillespie, Peyton Gravely, Algernon S. Gray, William L. Gnggin, Ephraim B. Hall, Allen C. Hammond, Alpheus F. Haymond, James VV. Hoge, Chester D. Hubbard, John N. Hughes, 118 JOURNAL OF THE COMMITTEE OF THE WHOLE. for the inhabitants of all territories belonging to the United States, and may per- mit them, at such^times and in such n^^nner as it may by law provide, to form States and be admitted into the Union — citizens and iniiabitants of the several States and territories sliall have the right to taiie into any of tiie territories per- sons held to service or labor under the laws of the Slates or Territories whence they are removed, and all rights of property in such persons, or in their service or labor as the same existed under the laws of the State or Territory, prior to such removal, shall be recognized and protected by Congress and the Territorial Government. "2. When any territory within such boundary as Congress may prescribe, shall contain a population equal to that required for a member of Congress, it shall, if its form of government be republican, be admitted into the Union on an equal fooling with the original States, with or without involuntary servitude, as such Constitution of the State may provide." Mr. Morton moved that the Committee rise, and the question being put, was decided in the negative — yeas 47; nays G5. On motion of Mr. Armstrong, the vote was recorded as fol- lows: The names of those wdio voted in the affirmative are — Messrs. WiHiam ]M. Amhler, Aligns K. IJlakcy, George Blow, Jr. James IJoisseau, Peter B. Borst, Wood Bouldin, Wilhani \V. Bovd, Frederick M. Cabell, WilHain P. Cecil, Samuel A. Colfman, Raphael M. Conn, James B. Dorman, Napoleon B. French, Samuel .M. Garland, H. L. Gillespie, Samuel L. Graham, Fendall Gregory, Jr. William L. Goggin, John Goode, Jr. Thomas F. Goode, F. L. Hale, Lewis E. Harvie, John N. Hughes, Eppa Hunton, JMessrs. Lewis D. Ishell, Robert C. Kent, James Lawson, Walter I). Leake, John Q. Marr, John L. Marye, Sr, Edmimd T. Morris, Jeremiah ]\Iorton, Johnson Orrick, George W. Ricliardson, James W. Sheft'ey, Charles R. Slaughter, Valentine W. Southall, John M. Speed, James M. Strange, George P. Tayloe, John T. Thornton, Robert H. Turner, John Tyler, Samuel C. Williams, Benjamin Wilson, Henry A. Wise, Benj. F. Wysor— 47. The names of those who voted in the negative are — Messrs. John Janney, (Preset) Messrs. John J. Jackson, Edward M. Armstrong, Peter C. Johnston, JOURXAL OF THE COMMITTEE OF THE WHOLE. 119 Messrs. William B. Aston, John B. Baldwin, George Baylor, George W. Berlin, Cftleh Boggess, Thomas Branch, George VV, Brent, William G. Brown, John S. Biirdett, James Biirley, Benjamin W. Byrne, John A. Camphell, John A. Carter, C. B. Conrad, Robert Y. Conrad, James H. Conch, W. H. B. Cnstis, Marshall M. Dent, Harvey Deskins, Jubal A. Early, John Echols, Thomas S. Flonrnoy, Colbert C. Fngate, Peyton Gravely, Algernon S. Gray, Ephraim B. Hall, Allen C. Hammond, Alphens F. Haymond, James W. Hoge, Chester D. Hnbbard, George W. Hnll, Messrs. .Tohn R. Kilby, John F. Lewis, William McComas, James B. Mai lory, James Marshall, Henry H. Masters, Horatio G. Moffett, Samuel McO. Moore, Hngh M. Nelson, Logan Osbnrn, William C. Parks, Spicer Patrick, Edmnnd Pendleton, George McC Porter, Samnel Price, David Pngh, Timothy Rives, Robert E. Scott, John D. Sharp, Thomas Sitlington, Bnrwell Spnrlock, Samuel G. Staples, Chapman J. Stuart, George W. Summers, Campbell Tarr, Edvard Waller, William White, Robert H. Whitfield, Williams C, Wickhara^, Wait. T. Willey— 65. The question recurring upon the amendment submitted by Mr. Ambler, Mr. Moore demanded a division of the question, and it was put upon striking out, and decided in the negative — yeas 26; nays 80. On motion of Mr. Ambler, the vote was recorded as follows: The names of those who voted in the affirmative are — Messrs. Wm. M. Ambler, Angus R. Blakey, James Boisseau, Peter B. Borst, Frederick M. Cabell, Raphael M. Conn, Messrs. Lewis E. Harvie, Eppa Hunton, Lewis D. Isbell, Ecimund T. Morris, Jeremiah Morton, George W. Richardson, 120 JOURNAL OF THE COMMITTEE OF THE WHOLE. Messrs. Samuel M. Garland, Samuel L. Graham, Fendall Grei,'ory, Jr. William L. Goggiii, John Goode, Jr. Thomas F. Goode, F. L. Hale, Messrs. John M. Speed, James M. Strange, John T. Thornton, Robert H. Turner, John Tyler, Henry A. Wise, Benj. F. Wysor— 26. The names of those who voted in the negative are- Messrs. John Janney, (Preset) Messrs. Edw'd iM. Armstrong, WilHam B. Aston, John B. Baldwin, George Baylor, George W. Berhn, George Blow, Jr. Caleb Boggess, Wood Bouldin, William W. Boyd, Thomas Branch, George W. Brent, William G. Brown, John S. Burdett, James Burley, Benjamin W. Byrne, John A. Campbell, John A. Carter, Maiiilius Chapman, Sanniel A. Coffman, C. B. Conrad, Robert Y. Conrad, James H. Couch, W. H. B. Cnstis, Marshall M. Dent, Harvey DcsUins, James B. Dorman, Jubal A. Early, John Echols, Thomas S. Flournoy, William W. Forbes, Napoleon B. French, Colbert C. Fugate, H. L. Gillespie, Peyton Gravely, Algernon S. Gray, EphraimB. Hall, Chester D. Hubbard, John N. Hughes, George W. Hull, John .1. Jackson, Peter C. Johnston, James Lawson, Jt)hn F. licwis, William McComas, James B. Mallory, James Marshall, John U. Marr, John L. Marye, Sr. Henry H. Masters, Horatio G. Moffett, Samuel McD. Moore, Logan Osburn, William C. Parks, Spicer Patrick, Edmnnd Pendleton, George McC. Porter, Samuel Price, David Pngh, Timothy Rives, Robert E. Scott, John D. Sharp, James W. Shetfey, Thomas Sitlington, Charles R. Slanghter, Valentine W. Southall, Biirwell Spurlock, Chapman J. Stuart, George W. Summers, Campbell Tarr, George P. Tayloe, Edward Waller, William White, Robert H. Whitfield, JOURNAL OF THE COMMITTEE OF THE WHOLE. 121 Messrs. Allen C. Hammond, Messrs. Williams C Wirkham Alpheus F Haymond, Waitman T. WiWev ' James W. Hoge, Benjamin Wilson-SO. Mr. DoRMAN moved that the Committee rise, and the question being put, was decided in the negative-yeas 38; nays ^5 lows- "'"^'"'' ""^ ^^'' '^''''^'^^°'^«' t'^« vote was recorded as fol- The names of those who voted in the affirmative are- Messrs. William M. Ambler, Angus R. Blakey, Peter B. Borst, Wood Bonldin, William W. Boyd, Frcd.'rick M. Cabell, Manilius Chapman, Samuel A. CotFman, Baphael M. Conn, Marshall M. Hent, James B. Dorman, Thomas S. F'lonrnoy, Napoleon B. French, Sanmel M. Garland, H. L. Gillespie, Samuel L. Graham, William L. Goggin, John Goode, Jr. Allen C. Hammond, Messrs. Lewis E. Harvie, Eppa Hun ton, Lewis D. Lsbell, Robert C. Kent, James Lawson, Walter I). Leake, John Q. Marr, John L Marye, Sr. Edmund T. Morris, Jeremiah Morton, George W. Richardson, Timothy Rives, Charles R. Slaughter, V^alentine W. Southall, John M. Speed, George P. Tayloe, John T. Thornton, John Tyler, Henry A. Wise— 38. The names of those who voted in the negative are- Messrs. John Janney, (Pres't) Messrs Edward M. Armstrong, Wihiam B. Aston, .Tohn B. Baldwin, George Baylor, George \N . Berlin, Caleb Boggess, Thomas Branch, George W. Brent, William G. Brown, James Bnrley, Benjamin W'. Byrne, John A. Campbell, John A. Carter, 16 John J. Jackson, Peter C. Johnston, John F. Lewis, William McComas, James B. Mai lory, James Marshall, Henry H. Masters, Horatio G. Moffett, Logan Osburn, William C. Parks, Spicer Patrick, George jAIcC. Porter, Samuel Price, David Pugh, 122 JOURNAL OF THE COMMITTEE OF THE WHOLE. Messrs. C. B. Conrad, Robert Y. Conrad, James H. Couch, W. H. B. Ciistis, Harvey Deskiiis, Jiibal A. Early, Colbert C, Fugate, Peyton Gravely, Thomas F. Goode, Ephraim B. Hall, Alpheus F. Haymond, James W. Hoc»e, Chester D. Hubbard, George W. Hull, Messrs, John D. Sharp, Thomas Sidington, Samuel G. Staples, James M. Strange, George W. Summers^ Campbell Tarr, Edward Waller, William White, Robert H. Whitfield, Williams C. Wickfiara, Waitman T. Willey, Benjamin Wilson, Benj. F. Wysor— 55. Mr. BoYD rnoA'ed to amend, by striking out the first section and inserting the following: " I. In all the present territory of the United States, north of the parallel of thirty-six degrees and thirty minutes of north latitude, involuntary servitude, except in punishment of crime, is prohibited. In all the present territory of the United States south of said line of latitude, involuntary servitude or slavery of the African race is hereby recognized as existing, any law or usage to the con- trary notwithstanding; and no law shall be passed by Congress or by the territo- rial legislature, tn hinder or prevent the taking of persons held in slavery or in- voluntary servitude, from any of the States of this Union to said territory, nor to impair the rights arising from said relation; but the same shall be subject to judicial cognizance in the Federal courts, according to the remedies and practice of the common law; and said relation shall be protected by all the departments of the territorial government. When any territory north or south of said line, within such boundary as ( ongress may prescribe, shall contain a populatioa equal to iliat required for a member of Congress, it shall, if its form of govern- ment be republican, be admitted into the Union on an equal footing with the original States, witii or without involuntary servitude, as such Constitution of the State may provide In all territory which may hereafter be acquired by the United Stales, involuntary servitude is prohibited, except for crime, north of the latitude of thirty-six degrees thirty minutes; but shall not be prohibited by Con- gress or any territorial legislature south of said line. " Mr. Morton moved that the Committee rise, and the question being put, was decided in the affirmative — yeas 59; nays 37. On motion of Mr. Bokst, the vote was recorded as follows: The names of those who voted in the affirmative are — Messrs. John Janney, (Preset) Messrs. Fendall Gregory, Jr. "William M. Ambler, Edward M. Armstrong, William B. Aston, John B. Baldwin, George Baylor, Angus R. Blakey, George Blow, Jr. William L. Goggni, John Goode, Jr. F. L. Hale, Allen C. Hammond^ Lewis E. Harvie, Chester D. Hubbard^ Eppa Hunton, JOURNAL OF THE COMMITTEE OF THE WHOLE. 123 Messrs. Wood Bonldin, William W. Boyd, Thomas Branch, George W. Brent, John S. Burdett, Benjamin W. Byrne, Frederick M. Cabell, John A. Campbell, Manihns Chapman, Samuel A. Coffman, Raphael M. Conn, C. B. Conrad, Marshall M. Dent, Harvey Deskins, John Echols, Thomas S. Floiirnoy, William W. Forbes, Napoleon B. French, Colbert C. Fngate, Samuel M. Garland, Samuel L. Graham, Algernon S. Gray, Messrs. Lewis D. Isbell, Peter C. Johnston, Robert C. Kent, Walter D. Leake, James Marshall, .Tohn L. Marye, Sr. Edmund T. iMorris, Jeremiah Morton, Spicer Patrick, Edmund Pendleton, George W. Richardson, Timothy Rives, John D. Sharp, James W. Sheffey, John M. Speed, George P. Tayloe, John T. Thornton, Williams C. Wickham, Wait man T. Willey, Henry A. Wise, .Benj. F. Wysor— 59. The names of those who voted in the negative are- Messrs. George W. Berlin, Caleb Boggess, Peter B. Borst, William G. Brown, John A. Carter, Robert Y. Conrad, James H Couch, W. H. B. Custis, James B. Dorman, Jubal A. Early, H. L. Gillespie, Peyton Gravely, Thomas F. Goode, Alpheus F. Hayniond, James W. Hoge, John N. Hughes, George VV. Hull, John J. Jackson, John F. Lewis, Messrs. William McComas, James B. Mallory, Henry H. Masters, Hugh M. Nelson, Loijan Osburn, William C. Parks, George McC. Porter, Samuel Price, David Pugh, Thomas Sillington, Samuel G. Sta|)les, ^ Chapman J. Stuart, James M. Strange, George W. Sununers, Campbell Tarr, Edward Waller, William White, Benjamin Wilson — 37. The Committee accordingly rose- 124 JOURNAL OF THE COMMITTEE OF THE WHOLE. Saturday, April 13, 1861 The consideration of tlie report of the Committee on Federal Relations, proposing amendments to the Constitution of the United States, was resumed. The ponding question was, upon the motion of Mr. Boyd, to amend tlie report by striking out the first section, and inserting the substitute submitted by him; and being put, was decided in the negative — yeas 47; nays 69. On motion of Mr. Boyd, the vote was recorded as follows: The names of those who voted in the affirmative arc — Messrs. William M. Ambler, James Barbour, Angus R. Blakey, .Tames Boisseau, Wood Bouldin, William W. Boyd, James C. Bruce, Frederick M. Qabell, William P. Cecil, John R. Chambliss, JNIanilius Chapman, Sanuu4 A. Coffman, Raphael M. Conn, John Echols, William W. Forbes, Samuel M. Garland, Sanuiel L. Graham, William L. Goggin, John Goode, Jr. Thomas F. Goode, F. L. Halo, Cyrus Hall, L. 8. Hall, Lewis E. Harvie, Messrs. James P. Holcombe, Epjja Hun ton, Lewis D. Isbell, Robert C. Kent, James Lawson, John Q,. Marr, John L. Marye, Sr. Fleming B. Miller, Edmund T. Morris, Jeremiah Morton, George VV. Richardson, William C. Scott, James W. Sheffey, Charles R. Slaughter, John M. Speed, Samuel G. Staples, James M. Strange, George P. Tayloe, William M. Tredway, Robert H. Turner, John Tyler, Saujuel C, Williams, Benj. F. Wysor— 47. The names of those who voted in the negative are — Messrs. John Janney, (Pres't) Messrs. John N. Hughes, Edward M. Armstrong, George W. Hull, William B. Aston, John J. Jackson, John B. Baldwin, Peter C. .Johnston, Alfred ]M. Barbour, John F. Lewis, George Baylor, William McComas, George W. Berlin, James B. Mallory, JOURNAL OF THE COMMITTEE OF THE WHOLE. 125 Messrs. George Blow, Jr. Caleb Boggess, George W. Brent, William G. Brown, James Burley, Benj. W. Byrne, John A. Campbell, John S. Carlile, John A. Carter, Sherrard Clemens, C. B. Conrad, Robert Y. Conrad, James H, Couch, John ditcher, W. II. B. Custis, IMarshall M. Dent, Harrey Deskins, James B. Dorman, Jnbal A. Early, Napoleon B. French, Colbert C. Fngate, n. L. Gillespie, Peyton Gr;jvely, Ephraim B. Hall, Allen C. Hanmioiid, Alphens F. Raymond, J. G. Holladay, Chester I). Hubbard, Messrs. James Marshall, Thomas Maslin, Henry H. Masters, Horatio G. Moffett, Samuel McD. Moore, Hugh M. Nelson, Logan Osburn, William C. Parks, Spicer Patrick, Edmund Pendleton, George McC. Porter, Samuel Price, David Pugh, Timothy Rives, John D. Sharp, Thomas Sithngton, Valentine W. Southall^ Bur well Spurlock, Chapman .1. Stuart, Canipbcll Tarr, Eihvard Waller, William White, Robert H. Whitfield, Williams C. Wickhom, Waitman T. Willey, Benjamin Wilson, Heiiry A. Wise— 69. Mr. BouLDiN moved to amend the first section by strikinc^ out the words, "as it now exists," in the fifth line, and inserting- "Of the African race is allowed and hereby declared to exist, and shall not be abojislied by any law of Congress or a territorial legislature, but tlie same a3 now protected by Uie laws ot the Territory of New Mexico." The question was put and decided in the negative— veas 46- nays 67. o / , On motion of Mr. Goode, of Mecklenburg, the vote was re- corded as follows: The names of those who voted in the affirmative are Messrs. William M. Ambler, James Barbour, Angus R. Blakoy, James Boisseau, Wood Bouldin, William W. Boyd, James C. Bruce, Messrs. Lewis D. Isbell, Robert C. Kent, James l^awson, Jatnes B. Mallory, John L. Marye, Sr. Fleming B. Miller, Edmund T. Morris, 126 JOURNAL OF THE COMMITTEE OF THE WHOLE. Messrs. Frederick M. Cabell, John R. Chambliss, Manilius Chapman, Raphael M. Conn, John Echols, William W. Forbes, Samuel M. Garland, Samuel L. Graham, William L. Goggin, John Goode, Jr. Thomas F. Goode, F. L. Hale, L. S. Hall, Lewis Vi. Harvie, James P. Holcombe, Eppa Hunton, Messrs. .Teremiah Morton, William C. Parks, George W. Richardson, William C. Scott, James W. Sheffey, Charles R. Slaughter, Valentine W. Southall, John M. Speed, Samuel G. Staples, James M Strange, John T. Thornton, Robert H. Turner, John Tyler, Sanuiel C. Williams, Henry A. Wise, Benj. F. Wysor — 46. The names of those who voted in the negative are — Messrs. John Janney, fP/TsVJ Messrs Edward M. Armstrong, William B. Aston, John B. Baldwin, Alfred M. Barbour, George Baylor, George W. Berlin, George Blow, Jr. Caleb Boggess, ls, Napojecni B. French, Ctilbert C. Fiigate, Samuel M. Garland, Messrs. Ep]>a Hunton, licwis D. Isbell, Roliert C. Kent, James Lawson, Waller I). Leake, James B. Mallory, John Q. Marr, John L. Marve, Sr. Hnratio G. Motfett, Edmund T. Morris, Jeremiah Morlnn, Hiigli M. Nelson, A\ iliiam C. Parks, George W. Richardson, James W: Sheffey, Thomas Sitlington, Charles R. Slaughter, Valentine W. Soiithall, John AL Speed, Samuel G. Staj)les, James M. Strange, JohiiT. Th-rnron, William M. Tredway, JOURNAL OF THE COMMITTEE OF THE WHOLE. 133 Messrs. Samuel L. Graham, IMessrs. Robert H. Turner, Peyton Gravely, John Tylpr, William L. Goggin, Edward Waller, John Goode, Jr. Robert H. Whitfield, F. L. Hale, Williams C. Wickham, Lewis E. Harvie, Benjamin Wilson, James P. Holcombe, Henry A. Wise — 60. The names of those who voted in the negative are — Messrs. John Janney, (PresH) Messrs. John N. Hughes, Edward M. Armstrong, George W. Hull, John B. Baldwin, John J. Jackson, George Baylor, Peter C. Johnston, George W. Berlin, John F. Lewis, George Blow, Jr. William McComas, Caleb Boggess, James Marshall, Ge-M'ge W. Brent, Thomas Moslin, William G. Brown, Henry \\. Masters, James Burh-y, Samuel McD. Moore, Benjamin W. Byrne, Logan Osburn, John S. Carlilc, Spicer Patrick, John A. Carter, Edmund Pendleton, C. B. Goiirad, George McC. Porter, Robert Y. Conrad, Saniuel Price, James H. Couch, David I'ugh, Marshall M Dent, John D. Sharp, Harvey Deskins, Burwell Spurlock, Jubal A. Early, Chapman J. Stuart, H. L. Gillespie, George W. Summers, Ephraim B. Hall, Campbell Tarr, Allen C. Hammond, William While, Chester D. Hubbard, Wait. T. Willey— 46. The fourth (as printed) section was then adopted: Mr. Wilson moved to amend the fifth (as printed) section, by adding thereto, the following: " But this section shall not be so construed as to prohibit the introduction of persons so held to service or labor into the United States, from the Confederate Slates, or anj' territory they may hereafter acquire." The question was put, and decided in the affirmative — yeas 49; nays 43. On motion of Mr. Sheffey, the vote was recorded as follows: The names of those who voted in the affirmative are — Messrs. Angus R. Blakey, Messrs. John L. Marye, Sr. James Boisseau, Fleming B. Miller, 134 JOURNAL OF THE COMMITTEE OF THE WHOLE. Messrs. Peter B. Borst, Wood Boil I dill, James C. Bruce, Frederick M. Cabell, Maiiiliiis Chapman, Samuel A. Coffman, Rapheal M. Conn, Robert Y. Conrad, Richard H. Cox, Harvey Desk ins, James B. Dorman, John Echols, Siimnel M. Garland, A\ illiam L. Goggin, John Gonde, Jr. Thomas F. Goode, F. L. Hale, Allen C. Hammond; Eppa Hnnton, Lewis L). Isbell, James Lnvson, James B. Mallory, Joini Q,. Marr, Messrs. Horatio G. MotTett, Edmund T. Morris, Jeremiah Morton, Samuel McD. Moore, William C. Parks, George W. Richardson, William C. Scott. James VV. Sheffey, Charles R. Slaugliter, Valentine W. Southall, John M. Speed, Samuel G. Staples, James M. Strange, George P. Tayloe, William M. Tredway, Robert H. Turner, Edward Waller, Robert H. Whitfield, Samuel C. Williams, lienjamin VVilson, Henrv A. Wise, Benj.'F. Wysor— 49. The names of those who voted in the negative are — Messrs, John Janney, ( Pres't) Messrs. George W, Hull, William B. Aston, George Gavlor, George W. Berlin, Celeb Boggess, James Burley, Benjamin W. Byrne, John A. Campbell, John S. (Jarlile, John A. Carter, C. B. Conrad, James H. Couch, Marshall M. Dent, Jubal A. Eaily, Napoleon B. French, Colbert C. Fugate, Sanuiel L. Graham, Peyton Gravely, Ephraim B. Hall, James NV . H^ge, Chester D. Hubbard, John N. Hughes, John J. Jackson, Piter C. Johnston, William McComas, Thomas Maslin, Henry H. Masters, Logan Osburn, Spii-er Patri(^k, Edmund Pendleton, George McC. Porter, Samuel Price, David Pugh, John D. Sharp, Thomas Sitlington, Burwell Spurlock, Chapman J. Stuart, George VV. Summers, Campbell Tarr, William White, Williams C. VV^ickham, Wait. T. Willey— 43. JOURNAL OF THE COMMITTEE OF THE WHOLE. 135 Mr. Carlile moved to amend the report by strikiii? out the fifth section as amended. Mr. Wise moved to amend the motion by inserting the fol- lowing: "5. Tlie importation of slaves, coolies, or persons held to service or labor, into the United States, and tlie territories from places beyond the limits thereof, is hereby forever prohibited; provided that nothing herein contained shall be deemed to apply to the Southern States which have declared, or may hereafter declare their separation from this Confederacy, in case their separate indepen- dence shall be acknowledged." The (juestion was first put on striking out, and decided in the affirmative. Mr. E.M^LY then moved to amend the amendment submitted by Mr. Wise, hv striking out the proviso; and the question be- ing put, was derided in the negative — yeas 45; nays 61. On motion of Mr. Boisse.4u, the vote was recorded as follows: The names of those who voted in the affirmative are — Messrs. John Jantiey, (Pres't) Messrs. William B. Aston, John B. Baldwin, George Baylor, George W. Brent, WiHiiun G. Brown, James Burley, Benjanjin W. Byrne, John A. Campbell, John S. Ctirhle, John A. Carter, Sherrard Clemens, C. B. Conrad, James H. Couch, VV. H. B. Custis, Marshall M. Dent, Jiibal A. Early, Napoleon B. French, Colbert C. Fugate, H. L. (liillespie, Peyton Gravely, Ephraim B. Hall, James W. Hoge, Chester D. Hubbard, John N. Hughes, George W. Hull, John .1. Jackson, Peter C. Johnston, William McComas, James Marshall, Thomas Maslin, Henry H. Masters, Samuel McD. Moore, Logan Osburn, Spicer Patrick, Edmund Pendleton, George McC. Porter, Samuel Price, John D. Sharp, Thomas Sitlington, Chapman J. Stuart, George W. Summers, Campbell Tarr, William White, Wait. T. Willey— 45. The names of those who voted in the negative are- Messrs. James Barbour, Angus R. Blakey, George Blow, Jr. Messrs. Walter D. Leake, James B. Mallory, John Q,. Marr, 136 JOURNAL OF THE COMMITTEE OF THE WHOLE. Messrs. .Tames Boissenu, Peter B. Borst, Wood Bonldin, William W. lioyd, Frederick M. C'ahell, Maiiiliiis Cli.i])iiian, SamiK'l A. Cniriiaii, Raphael M. Conn, Robert Y. Conrad, Rirliard H. Cox, John Critchpr, Harvey Df^skins, .lames H. I)«)rman, .T(»hn Kchols, Wilham W. Forbos, Samuel M. (iarland, Sammd L. (iraham, Alpi^rnon S. CJray, William li. (i ggiii, John Coode, Jr. F. L. Hale, Allen C. Hammond, Alphens F. Haymond, James P. Holcombe, Eppa Hunton, Lewis 1). Mx'll, Robert C. Kent, James Lawson, Messrs. John L. Marye, Sr. Fleminir B. Miller, Horatio G. Moffett, Fdinnnd T. Morris, Hii^h M. Nelson, William C. Parks, David Piiiili, (icoriro W. Rifhardson, William C. Sf-ott, James W. ShelTey, Charles R. Slanghtr-r, Valeniine \V. JSonihall, John M. Speed, BnrwellSpnrl trk, .San)nel (i. .Staples, James M. Strange, Ci<'orj;e P. Tayloe, Wdliam M. Tredway, Robert H. Tnrner, John Tvler, Edward Waller, Robert H. Whitfield, Williams C. Wirkham, San)uel C. Williams, Benjamin Wdson, Heiirv A. Wise, Benj.'F. Wjsor— 61. The amendment snbmitfcd by Mr. Wise was then adopted. On motion of Mr. Fokbes, the Committee rose. JOURNAL OF THE CONTENTION. 187 itself into a Committee of the Whole, Mr. Southall in the chair. After some time passed in Committee of the Whole, the Presi- dent resumed the chair, and Mr. Southall reported that the Committee had made some progress with the matter referred to them hilt had come to no final conclusion thereupon. Mr. PiiESTON submitted the following preamble and resolution: Whereas, in the opinion of this Convention, the uncertainty which prevails in the public mind as to the policy which the General Government intends to pursue toward the seceded States is extremely injurious to the industrial and commercial interests of the country; tend* to keep up an excitement which is unfavorable to the adjustment of pending difficulties, and threatens a disturbance of the public peace; therefore, Reaolred, That a committee of three delegates be appointed by this Convention to wait upon the I'rc'iidrnt of tlie 1 nited Slates, present to him this preamble and resolution, and respectfully ask of him to communicate to this Convention the policy which the authorities of the Federal Government intend to pursue in re- gard to the Confederate States. Mr. Carlile raised a question of order, viz: h'"ls, Cyrus Hall, E'phraim B. Hall, L. S. Hall, Alpheus F. Haymond, James W. Hoge, Chester D. Hubbard, George W. Hull, John J. Jackson, Marmaduke Johnson, Peter C. Johnston, James Lawson, Jolm F. Lewis, William McComas, James C. McGrew, Henry H. Masters, Hugh M. Nelson, Loi^an Osburn, William C. Parks, George McC. Porter, Sanmel Price;, David Pngh, John n. Sharp, Thomas Sitlington, Burwell Spurlock, Samuel G. Staples, Chapman J. Stnart, George W. Summers, Campbell Tarr, JOURNAL OF THE CONVENTIO]N^ 153 Messrs. Napoleon B. French, Messrs. Waitman T. Willey, Colbert C. Fugate, Benjamin Wilson, H. L. Gillespie, Berij. F. Wysor— G3. William L. Goggin, The names of those who voted in the negative are — Messrs. William M. Ambler, Messrs. Angus R. Blakey, George Blow, Jr. James Boisseau, Wood Bouldin, Raphael M. Conn, William W. Forbes, Sanmel M. Garland, Peyton Gravely, Fendall Gregory, Jr. Thomas F. Goode, Addison Hall, J. G. HoUaday, Lewis D. 1 shell, John R. Kilby, Walter D. Leake, Charles K. Mallory, James B. Mallorv, Horatio G. Moffett, Edmund T. Morris, George W. Richardson, Valentine W. Southall, James M. Strange, .Tohn T. Tiiorntou, Robert H. Whitfield, W. C. Wickham— 26. Mr. PmcE submitted the following resolution: Resolved, That the thirty-third rule of the Convention shall be rescinded, and during the consideration of the report of the Committee on Federal Relations and the amendments thereto, which may be made by the Committee of the Whole, when the same shall be reported back to the Convention, each shall be limited to ten minutes. Pending the consideration of which, On motion of Mr. Wilson, the Convention adjourned. JOURNAL OF TIIK CONVENTION. 155 Monday, April 15, 1861. The T'oiivenlion assembled at 10 o'clock, A. M, l^rayer by the Rev, Mr. Boggs, of tlie Methodist Episcopal Church. Mr. Prkston presented a report from the Committee appointed to wait upon the President of the United States, to ascertain ^'the policy which the Federal Execntive intends to pursue in regard to the Confederate States." [Doc. XVII. [ Mr. HoLcoMBK sid)mitted the following resolutions: 1. Resnlrcd, That the standina; order for resolving the Convention into Com- mittee of the VVliole, be suspended. 2. Resolved, That ihe Convention will immediately f^o into secret session, in order to consider the report of the Committee appointed to visit Washington. The question upon agreeing to the first resolution was put, and decided in the affirmative — yeas 80; nays 43. On motion of Mr. Hall, of Marion, the vote was recorded as follows: The names of those who voted in the affirmative are — Messrs. John Janney, (Pres''t) Messrs. William M. Ambler, Edward M. Armstrong, William B. Aston, Alfred M. Barbour, James Barbour, Angus B. Blakey, (jieorge Blow, Jr. Caleb Boggess, James Boisseau, Peter B. Borst, Wood }>ouldin, W^illiam VV. Boyd, James C. Bruce, Frederick M. Cabell, John A. Campbell, Allen T. Caperton, William P. Cecil, Manilius Chapman, Samuel A. Colfman, Raphael M. Conn, Robert Y. Conrad, Richard H. Cox, John Critcher, W. H. B. Custis, Harvey l^eskins, Lewis D. Isbell, Marmaduke Johnson, Robert C. Kent, James Lawson, Walter D. Leake, William H.Macfarland, James B. Mallory, James Marshall, John L. Marye,Sr. Fleming B. Miller, Horatio G. Moftett, Robert L. Montague, Edmund T. Morris, Jeremiah Morton, Hugh M. Nelson, William C. Parks, Wm. Ballard Preston, David Pngh, George W. Randolph, George W. Richardson, Robert E. Scott, William C. Scott, James VV. Sheffisy, Charles R. Slaughter, Valentine W. Southall, John M. Speed, 15fi JOURNAL OF THE CONVENTION. Messrs. .lames B. Dormaii, John Echols, WiUiam W. Forbes, Napoleon B. French, Colbert C. Fiigate, Samuel M. Garland, Fendall Gregory, Jr. William L, Gnggni, John Goode, Jr. F. L. Hale, Cvrus Hall, L: S. Hall, Allen C. Hammond, James P. Holcombe, Eppa Hunton, Messrs. Samuel G. Staples, James M. Strange, George P. Tayloe, John T. Thornton, William M. Tredway, Roi)ert H. Turner, John Tyler, Edward Waller, William White, Robert H. Whitfield, AVilliams C. Wif^kham, Samuel C. Williams, Henry A. Wise, Benj. F. Wysor— 80. The names of those who voted in the nesrative are- Messrs. John B. Baldwin, George Baylor, George W. Berlin, William G. Brown, James Burley, Benjamin W. Byrne, John S. Carlile, John A. Carter, Sherrard Clemens, C. B. Conrad, James H. Couch, Marshall I\I. Dent, Jubal A. Early, H. L. Gillesj)ie, Peyton Gravely, Algernon S. Gray, Ephraim B. Hall, Alpheus F. Haymond, James W. Hoge, Chester D. Hubbard, John N. Hughes, Geora:e W. Hull, Messrs. Jolm J. Jackson, Peter C. Johnston, John F. Lewis, William McComas, James C. McGrew, Henry H. Masters, Samnel Mel). Moore, Logan Osburn, Spicer Patrick, Edmund I^endleton, George McC. Porter, Samui.'l Price, John D. Sharp, Thomas Sitlington, Burwell Spurlock, Alex. H. H Stuart, Chapman J. Stuart, George W. Summers, Campbell Tarr, Waitman T. Willey, Benjamin Wilson — 43. Pending the consideration of the second resolution, Mr. Wise called the previous question, which was seconded. Mr. Early moved an adjournment. Negatived. Subsequently, the tnotion to adjourn was renewed by Mr. Gillespie, and the question being put, was decided in the affir- mative. JOURNAL OF THE CONVENTION. 321 SECOND ADJOURNED SESSION. Wednesday, November 13, 1861. The Convention met at 10 o'clock, A. M. The President, Mr. Janney, being absent, On motion of Mr. Mallory, of Brunswick, Mr. James H. Cox, was called to the chair. Prayer by the Rev. Mr. Young, of the Baptist Church. The roll was then called, and the following members an- swered to their names: Messrs. William B. Aston, Angus R. Blakey, WlIowing resnlt: The names of those who voted for Mr. Montague are — Messrs. Edw'd M. Armstrong, Messrs. William B. Aston, James Barbour, George W, Berlin, Angus R. Blakey, Wood Bouldin,- George W. Brent, James V. Brooke, Benjamin W. Byrne, Allen T. Caperton, Edward R. Chambers, John R. Chambliss, C. B. Conrad, James B. Dorm an, Miers W. Fisher, Napoleon B. French, Samuel M. Garland, Muscoe R. It. Garnett, Samuel L. Graham, Peyton Gravely, John Goode, Jr. Addison Hall, Cyrus Hall, L. S Hall, Lewis E. Harvie, Robert C. Kent, John R. Kilby, John J. Kindred, Walter D. Leake, Paul McNeil, John L. Marye, Sr. Thomas Maslin, Fleming B. Miller, Horatio G. Moffett, Edmund T. Morris, Jeremiah Morton, William J. Neblett, Wm. Ballard Preston, David Pugh, George W. Randolph, Thomas J. Randolph, Peter Saunders, Sr. John T. Sea well, James W. Shefiey, John M. Speed, Bur well Spurlock, William T. Sutherlin, George P. Tayloe, Robert H. Turner, Franklin P. Turner, John Tyler, Edward Waller, Robert H. Whitfield, Samuel C. Williams, Samuel Woods, Benjamin F. Wysor, John B. Young— 57. 328 JOURNAL OF THE CONVENTION. The names of those who voted for Mr. Cox are — Messrs. George Baylor, Messrs. Wm. H. Macfarland, George Blow, Jr. James B. Mallory, William W. Boyd, Samuel McD. Moore, Thomas Branch, WiUiam C. Kent, Samuel A. CofFman, Samuel Price, John Critcher, Timothy Rives, Harvey Deskins, Robert E. Scott, William H. Dulany, John D. Sharp, WilHam W. Forbes, Thomas Sithngton, Colbert C. Fugate, Alex. H. H. Stuart, Algernon S. Gray, James M. Strange, Alphens F. Haymond, William M. Tred^jTy^^y, John N. Hendren, John Janney — 27.'!ta; WMIiam (I. IJrawner, of the county of l*rince William; John l{.^i>ung,ol" the county of Hem ICO ; iiiid Thus. J. Randolph, of the county of Albemarle, to till vacancies in their re.->|)ective counties, was adopted. The question then recurred u\mm\ that part of the re|)ort which referred to the election of Jacob W. .Marshall, of the counties of Randolph and 'i'ncker, to till the vacancy occaMoned by the death o| J«thn N. Hughes, and to the i(\solution in n-lalion to the admission ol memlters to fill vacancies occas.ioned by expulsions from the Convention. Mr. BiiooKi; Miluiiitted the f'ljdwing subsliliile, by way of amendment: *' Whereas, l>y reason nt" tlic pi-e!«ei>re of tin- piildie enfmy nrid oilier raunes, it lia>N been rendered nnpu»>silile tor llie loyal nlizens of Uie eoijntiet« ul Uliiu, &c., ^1-., lo (ill Uie vaeaneieM in Uii^ Cunvenlion created by llie evpuision ut' their n-speetivc deleRalex; thenlore, '^ Hisolml, That llll^ ('onvenlion will nowr proceed to the elertion of delesjatei from said several counties to supply ?aid »aeaiieies." Mr. Stuaut submitted the f illowiiig, as an amendment to the amendment, and the (juestion being put, was decided in the af- lirmative — yeas 79; iiiies 'JO. " Whereas, varancies have omirred in the representation of the counties of Ohio, Urooke, Mai&hail, Marion, Monongalia, Tresioii, Taylor, Harrison and Wood, by the expulsion of the late delegate* Irunj the said counties, and in the countub of Randolph and Tucker by the death of John N. Hughes, late delegate from those counties; and, " Whereas, those vacancies couid not be filled in the mode prescribed by law, in consequence of the occupation of said counties by the public enemy; and, " Whereas, the Governor, in order to provide for the exij^ency, issued a pro- clamation ^advisory in its character) inviting the loyal citizens of thos^e countien to vote III their respective camps for delegates to fill those vacancies. Lnder which proclamation, elections were accordingly held in the several camps. At which elections, Josefih H. Pendleton was chosen representative for the county of Oliio; Joseph D. Pickett, for the county of Brooke; Jederson T Martin, for the county of .Marshall; Stephen A. Morgan, for the county of .Marion: Jonathan M. Heck, for the county oi Monongalia; Robert E. Cowan and C. J. P. Cresap, for the county of Preston; John A. Robinson, for the county of Taylor, and William P. Cooper, for the county of Harrison; Kdward U. McGuire, for the county of Wood, and Jacob W. Marshall, lor the counties of Randolph and Tucker. Journal of thf convention'. :^:v "Be it, therefore, ordained, TJiat said elections be, and the same are hereby ratified, and the said Jos. H. Pendleton. Joseph D. Piciiett, Jefl'crson T. Martin, Jf.naltian .M. Herk, Robert E. Cowan, C. J. P. Cresap, Stephen A. Morgan, John A. Robinson, William P. Cooper, Kdward D. IMcGuire and Jacob W. Marshal), are hereby adniiUed to seats in this Convention." On motion of Mr. H.\rvie, the vote was recorded as fI:)llows: The names of those who voted in the affirmative are — Messrs. R. It. Monx^gne ( Prest ) Messrs. William B. Aston, James linrbnnr, (Jporge Baylor, George W. Bf^rlin, Angus 11. Blakey, James Boisseau, William W. Boyd, Thomas Brancli, William G. Brawner, George W. Brent, Benjamin W. Byrne, John A. Campbell, Allen T. (ya|ierton, Jolin A. Carter, John R Chamhliss, Samuel A. Coifman, C. B. Conrad, Robert Y. Conrad, Jatnes H. Cox, John Critcher, W. H. B. Custis, Harvey Deskins, James B. Dorman, Williani H. Dulany, Miers W. Fisher, Thomas S. Flonrnoy, Napoleon B. French, Colbert C. Ftigate, Sanmel M. Garland, H. L. Gillespie, Samuel L. Graham, Peyton Gravely, Algernon S. Gray, William L. Goggin, John Goode, Jr. Addison Hall, Cyrus Hall, L. S. Hall, Alphens F. Haymond, John N. Hendren, Peter C. Johnston, Robert C. Kent, John R. Kilhy, Paul McNeil," Charles K. Mallory, James Marshall, John L. Marye, Sr. Thomas Maslin, Homy H. Masters, Fleuiing B. Miller, Horatio G. MolTett, Jeremiah Morton, .Samuel ^IcD. Moore, Huijh M. Nelson, William C. Parks, David Pugh, George W. Randolph, Thomas J. Randolph, Timothy Rives, Peter Saunders, Sr. John T. Seawell, James W. ShefFey, Thoinos Sitlington, Biirwell Spurlock, Samuel G. Staples, A\ex. U. II. Stuart, James M. Sirange, William T. Sutherlin, George P. Tayloe, W^illiam M. Tredway, Robert H. Turner, Franklin P. Turner, Edward Waller, William White, Robert H. Whitfield, Samuel C. Williams, Samuel Woods, Benj'n F.Wysor— 79. 338 JOURNAL OF THE CONVENTION. The names of those who voted in the negative are — Messrs. Wilham M. Ambler, Messrs. John Janney, Edw'd M. Armstrong, John J. Kindred, George Blow, Jr. Walter 13. Leake, Wood Bonldin, Wilham H. Macfarland, James V. Brooke, Janes B. Mallory, William W. Forbes, Edmnnd T. Morris, Muscoe R. H.Garnett, William J. Neblett, liCwis E. llarvie, Samnel Price, James P. Holcombe, John M. Speed, Lewis D. Isbcll, John B. Young— 20. The report of the Committee, as amended, was then adopted. The President presented the fitjlowing connnnnication from Mr. Morton, of the connties of Orange and Greene, resigning his seat as a member of this Convention: Robert L. Montagvk, President of the Conrention: Sir, — Private business compels tne to vi^it the South for a few weeks, perhaps longer. 1 hereby resitjn my seat in this bony ttiat my ronstituenls may eloalhe another with tlie high trust they confided to me. 1 ask that a writ of election may issue. JEREMIAH MORTON. On motion of Mr. Blakkv, the President was ordered to issue his proclamation for the election of a delegate for the counties of Orange and Greene to fill the vacancy occasioned by the resig- nation of Jeremiah Morton, late delegate from that county. Mr. Woods, of the county of Barbour, announced the death of John N. Hughes, late delegate Irom the counties of Randolph and Tucker, and submitted the following resolutions which were unanimously adopted: Resolved, That this Convention has heard, with feelings of deep sorrow, of the death of Mr. John N. Hughs, the late representative from the counties of Ran- dolph and Tucker, while engaged in the defence of his country during the battle on Rich Mountain, on the lllh of July last. Resolved, That we tender our heartfelt sympathies to the widow and the orphan children of our departed fellow member and friend; and that in memory of his worth, we will wear the usual badge of mourning for thirty days. On motion of Mr. Woods the Convention adjourned. JOURXAL OF THE CONVENTION. 339 Wednesday, November 20, 1861. The Convention assembled at 10 o'clock, A. M. Prayer by the Rev. Dr. Hoge, of the Presbyterian Church. Messrs. Jos. H. Pendleton, ci* the cnunty of Ohio; Jotfersoil T. Martin, of the county of Marshall; Stephen A. Morgan, of the cou?ity of Marion; Jonathan M. Heck, (^f the county of Mo- non£;alia; Robert E. Cowan and C, J. P. Cresap, of the county of Preston; Wni. P. Cooper, of the county of Harrison; Edw'd D., McGuu'e, of tlie connty of Wood; and Jacob W. jMarshall, of the counties of Randolph and Tucker, appeared and took their seats. On motion of JMr. Scott, of Fauquier, it was osdcred that the communication of the Executive in relation to the defences of the State, presented at the last session of this Conventicm, and the comnuinicatioii on the same subject, presented on Tues- day, the 7th day of this session, be printed. [Docs. Nos. XXXV. and XXXVI] On motion of Mr. Blow, the following resolution, submitted by him on Saturday, the lOth iust., was taken up, and adopted: Resolved, That the Committee on Finance inquire into the expediency of pro- viding, by law, for tiie settlement of the claims of such adjutants of regiments as were appointed under the provisions of an ordinance of tliis Convention, passed on the 27th day of June, ]ti6l, and report by ordinance or otherwise. On motion of Mr. Speed, the following resolution, submitted by him on Saturday, the 10th inst., was taken up, and adopted: Rcaolvcd, That ihc Committee of Finance be instructed to inquire into the ex- pediency of authorij.ing the banks of discount and issue of this State to invest stich portion of tlieir capital stock as they may deem proper, in ihebonds of this Commonwealth and of the Confederate States of America. ]Mr. Marve presented a petition from the Mayor and Council of the town of Fredericksburg, on the subject of the issue of small notes, wliicli was ordered to be referred to the Committee of Finance. On motion of Mr. H.wmond, the '^^ Committee on Mibtary Af- fairs" was enlarged, by the addition of one member. The PKE.^n)ENT then aiuiounced tlie following member on said committee: Mr. Slaughter. Mr. CiiAMBLiss submitted an ordinance to amend '^an ordi- nance for the apportionment of representation in the Congress of the Confederate States," v.'hich (the rules being suspended) was adopted. The hour having arrived for the execution of the order of the day, the consideration of the report of the ''Conmiittee on Amendments to the Constitution," was resumed. The question being on the amendment to 1st section of Art. 1 340 JOURNAL OF THE CONVENTION". III., offered by Mr. Shefpey, on yesterday-; was put and decided in the affirmative — yeas 75; noes 33, On motion of Mr. Sheffey, the vote was recorded as follows: The names of those who voted in the affirmative are — Messrs. William B, Aston^ James Barbour, George Baylor, Angus R, Blakey, George Blov/, Jr. James Boissean, Peter B. Borst, William G. Brawner, George W. Brent, James V. Brooke, Benjamin W. Byrne, John A. Campbell, Allen T. Caperton, .Tohn A. Carter, John 11. Charnbliss, Samuel A. Coffman, C. B. Conrad, W. P. Cooper, R. E. Cowan, John Critcher, W. H. B. Cusiis, Harvey Oeskins, James B. Dorman, William H. Dulany, "^rhomas 8. Flonrnoy, Napoleon B. French, Colbert C. Fngate, Samuel M. Garland, Samuel L. Grahanj, Algernon S. Gray, William L. Goggin, .lohn Goode, Jr. F. L. Hale, Cyrus Hall, L. S. Hall, Alpheus F. Haymond, J. M. Heck, James P. Holcombe, The names of those who voted in the negative are — Messrs. R.L. Montague ("Pr'^^j Messrs. Miers W. Fisher, William M. Ambler, H. L. Gillespie, Messrs. Lewis D. Isbell, Peter C. Johnston, Robert C. Kenf, John J. Kindred, Paul McNeil, William H. Macfarland, Charles K. Mallory, Jacob W. Marshall, J. T. Martin, Henry H. Musters, Fleming B. Miller, E. D. McGnire, S. A. Morgan, William J. Neblctt, ^Villiam C. Parks, Joseph H. Pendleton, Wm. Ballard Preston, George W. Randolph, Thomas J. Randolph, Timothy Rives, Robert E. Scott, JohnT. Seawell, John I). Sharp, James W. Shcffey, Charles R. Slaughter, John M. Speed, Burwell Spurlock, Samel G. Staples, James M. Strange, William T. SutherUn, George P. Tayloe, Robert H. Turner, Franklin P. Turner, John Tyler, , Sanuiel C. Williams, Samuel Woods, Benj'n F. Wysor — 75. JOURXAL or THE COXTEXTIOX. 341 Messrs. Edward M. Armstrong, John L. Marye, Sr. Georije W Berlin, Horatio G. Moffett, AJood Bonldin Ed.mind T. Morris, Willliam W. Boyd, Samuel McD. Moore, Thomas Branch, liu^Ii m. Aelson, Kobert Y. Conrad, Sanuiel Price, James H. Cox, David Pngh, Peyton Gravely, Peter Saunders, Sr. Addison Hall Alex. H. H. Stuart, John ^. Hendren, William M. Tredway, John .Tanney, Edward Waller, John R. Kilhy, AVilliam White, James B. Mallory, Robert H. Whitfield, James Marshall, John B. Young_33. Messrs. Thomas Maslin, Mr. Moffett moved to strike out ^^ service," in the 16th line and nisert^M-egidararmy or navyj" and the question being put! It was decided in the aflirmative. Mr. Havmond moved to strike out "twelve," in the 4th line, and insert "six," and the question being put, it was decided in the negative. Mr Treduav moved to further amend this section, by adding tnereto the following: "Nor shall any person, not a citizen of some one of the Confederate States at the conclusion of the present war, be entitled to vote, in any election until he shall have been a citizen of the Confederate States for wenty^one years and shall have acquired an interest in real estate or slaves." ^ ^ ' Mr WvsoR submitted the following amendment to the pro" by^Mr TrTdIvTv-^' ^^ ''^''^ °^ substitute, which was accepted hni?!' ''"^' '''''^^" naturalized after the close of the present war, unless he shall have been so naturalized twenty-one years before he shall offer [o vote!" sub!^" "^"^t'^^^' submitted the following amendment, by way of anv ?f iTp°r 'I'r H ''^'f ' l^^ *^^°'^ °^ *''" ^'^'^t'"? ^^'•' become a citizen of this or anj of the Conlcderale States under any naturalization law, unless such citizen s^ial have served in the Confederate States during the exi^ n Avar n a civ 1 or miiuary capacity, and in the latter case, shall ha^'ve been Srabi; discharged' 14^''^ question being put, it Avas decided in the negative-yeas On motion of Mr. Haymond, the vote was recorded as follows: liie names of those who voted in the affirmative are- Messrs. William M. Ambler, Messrs. James V. Brooke, James Barbour, J3enjamin W. Byrne, Angus R. Blakey, William H. Dulany/ 342 JOURNAL OF THE CONVENTION. Messrs. Miers W. Fisher, Napoleon B. French; John Janney, Paul McNeil, Messrs. Hugh M. Nelson, Thomas J. Randolph, Peter Saunders, Sr. John T. Seawell— 14. The names of those who voted in the negative are — Messrs. R. L. Montague, {Prest) Messrs. Edw'd M, Armstrong, William B. Aston, George Baylor, George W. Berlin, George Blow, Jr. James Boisseau, Peter B. Brost, Wood Bouldin, William VV. Boyd, Thomas Branch, William G. Brawner, George VV. Brent, John A. Campbell, Allen T. Caperton, .lohn A. Carter, John R. Chambliss, Samuel A. Cotfman, C. B. Conrad,. Robert Y. Conrad, Robert E. Cowan, W^illiam P. Cooper, James H. Cox, C. J. P. Cresap, John Critcher, W. H. B. Cnstis, Harvey Deskins, James B. Dorman, Thomas S. Flonrnoy, AVilliam W. Forbes, Colbert C. Frigate, Samuel M. Garland, H. L. Gillespie, Samuel Jj. Graham, Peyton Gravely, Algernon S. Gray, William L. Goggin, John Goode, Jr. F. L. Hale, Addison Hall, Cyrus Hall, Jonathan M. Heck, L. S. Hall, Lewis E. Harvie, Alpheus F. Haymond, John N. Hendren, James P. Holcombe, J. G. Holladay, Lewis D. Isbell, Peter C. Johnston, Robert C, Kent, .rohn R. Kilby, John J. Kindred, Walter D. Leake, Edward I). McGtiire, William H. Macfarland, Charles K. Mallory, James B. Mallory, Jacob VV. Marshall, James Marshall, Jefferson T. Martin, John L. Marye, Sr. Thomas Maslin, Henry H. Masters, Fleming B. Miller, Horatio G. Moffett, Edmund T. Morris, Stephen A. Morgan, Samuel McD. Moore, William J. Neblett, William C. Parks, Joseph H. Pendleton, Wm. Ballard Preston, Samuel Price, David Pngh, George VV^ Randolph, Timothy Rives, Robert E. Scott, John D. Sharp, James VV. Sheifey, JOURNAL OF THE CONVENTION. 343 Messrs. Thomas Sitlington, Charles R. Slaughter, John M. Speed, Samuel G. Siaples, Alex. H. H. Stuart, William T. Sutherlin, George P. Tayloe, William M. Tredway, Kohert H. Turner, Messrs. FrankUn P. Turner, John Tyler, Kdward Waller, William White, Robert H. Whitfield, Samuel C. Williams, Samuel Woods, Benjamin F. Wysor, John B. Young— 98. Mr. Branch moved to amend the amendment, by striking out '^twenty-one," and inserting "fourteen." Mr. Price called for a division of the question, and being on "striking out," was put, and decided in the affirmative. The question recurred upon the amendment submitted by Mr. Branch; and being put, it was decided in the negative — yeas 39j noes 73. On motion of Mr. Blakey, the vote was recorded as follows: The names of those who voted in the affirmative are — Messrs. R. L. Montague fPres^j Messrs. William B. Aston, Angus R. Bliikey, AVood Bouldin, Thomas Branch, James V. Brooke, Benjamin W. Byrne, John R. Chambliss, Robert Y. Conrad, William H. Dulany, Miers W. Fisher, Thomas S. Flonrnoy, William W. Forbes, Napoleon B. French, Colbert C. Fugate, Samuel L. Graham, Peyton Gravely, F. L. Hale, Peter C. Johnston, Paul McNeil, William H. Macfarland, Charles K. Mallory, John L. Marye, Sr. Thomas Maslin, Fleming B. Miller, Edmund T. Morris, William J. Neblett, Hugh M. Nelson, William U. Parks, David Pugh, Thomas J. Randolph, Peter Saunders, Sr. John T. Seawell, James W. Sheffey, John M. Speed, Samuel G. Staples, William M. Tredway, Samuel C. Williams, Benj. F. Wysor— 39. The names of those who voted in the negative are — Messrs. William M. Ambler, Messrs. George Blow, Jr. Edward M.Armstrong, James Boisseau, James Bat hour, Peter B. Borst, George Baylor, William W. Boyd, George W. Berlin, William G. Brawner; 344 JOURNAL OF THE COXTEXTIOX. Messrs. George W. Brent, John A. Campbell, Allen T. Caperton, John A. Carler, Samuel A Coffman, C. B. Conrad, William P. Cooper, Robert E. Cowan, James H. Cox, C. J. P Cresap, John C rite her, W. H. B. Cnstis, Harvey Desk ins, James B. Dorman, Samuel M. Garland, H. L. Gillespie, Algernon 8. Gray, William L. Goggin, John Goode, Jr. Addison Hall, Cyrus Hall, L. S. Hall, Lewis E. Harvie, Alphues F. Haymond, John N. Hendren, Jonathan M. Heck, James P. Holcombe, J. G. Holladay, Lewis D. Is bell, John Janney, Robert C. Kent, John R. Kilby, Mr. Brooke moved to fill the blank with the word '^ten," and the question being put, was decided in the negative — yeas 60; noes 59. On motion of Mr. Woods, the vote was recorded as follows: The names of those Avho voted in the affirmative are — Messrs. R.L. Montague (^Pre^^j Messrs. Benjamin W. Byrne, William M. Ambler, John R. Chambliss, AViliiam B. Aston, Robert Y. Conrad, George W, Berlin, William H. Dulany, Angus R. Blakey, Miers W. Fisher. Peter B, Borst, Thomas S. Flournoy, Wood Bouldin, William W. Forbs, Thomas Branch, Napoleon B. French, James V. Brooke, Colbert C. Fugate, Messrs. John J. Kindred, Walter D. Leake, Edward D. McGuire, James B. Mallory, Jacob W. Marshall, James Marshall, Jefferson T. Martin, Henry H. Masters, Horatio G. Moffett, Stephen A. Morgan, Sanuiel McD. Mcore, Joseph H. Pendleton, Wm. Ballard Preston, Samuel Price, George VV. Randolph, Tmiothy Rives, Robert E. Scott, John D. Sharp, Thomas Sitlington, Charles R. Slaughter, Burwell Spurlock, Alex. H. H. Smart, George P. Tayloe, Robert H. Turner, Franklin P. Turner, John Tvler, Edward Waller, William White, Robert H. Whitfield, Sanniel Woods, John B. Young — 73. JOURXAL OF THE COXVEXTION". 345 Messrs. H. L. Gillespie, Samuel L. Graham, Peyton Gravely, F. L. Hale, Lewis E. Harvic, licwis D. Isbell, Peter C, Johnston, John J. Kindred, Paul McNeil, William H. Macfarland, (Jharles K. Mallory, John L. Maiye, Sr. Thomas Mashn, Fleming B. Miller, Horatio G. Moflett, Edmund T. Morris, Messrs. William J. Neblett, Hugh M. Nelson, William C. Parks, David Pngh, Thomas J. Randolph, Peter Saunders, Sr. .John T. Seawell, .Tames W. Shelfey, John M. Speed, i3ur\vell Spurlock, Samuel G. Staples, Alex. H. H. Smart, William M. Tredway, Robert H. Turner, Robert H. Whitfield, Benj. F. Wysor— 50. The names of those who voted in the negative are — Messrs. Edward M. Armstrong,Messrs. J. G. Holladay, James 13arbour_ George Baylor, James Boisseau, William W. Boyd, William G. Brawner, George W. Brent, John A Campbell, Allen T. Caperton, John A. Carter, Samuel A. Coffman, C. B. Conrad, Robert E. Cowan, William P. Cooper, James H. Cox, C. J. P. Cresop, John Critcher, W. n. B. Custis, Harvey Deskins, James B. Dorman, Samuel M. Garland, Alg'^rnon S. Grey, AVilliam L. Goggin, Jolin Goode, Jr., Addison Hall, Cyrus H:ill, L. S. Hall, Alphens F. Hayinond. John N. Hendrcn, Jonathan M. Heck, John Jannev, Robert C. Kent, John R. Kilby, Walter D. Leake, Edward D. iMcGuire, James 13. Mallory, Jacob W. Marshall, James Marshall, Jctforson T. Martin, Henry H. Masters, Stephen A. Moi-gan,^ Samuel McD. Moore, Jose[)ii H, Pendleton, ^Ym. Ballard Preston, Samuel Price, (^eorge W. Randolph. Timothy Rives, Robert E, Scott, John D. Sharp, Thomas Sillington, Charles R. Slaughter, (loorgp P. Tayloe, Franklin P. Turner, John l\vlor, Edward Vv'aller, William While, Sauniel Woods, John B. "ioung — 59, 346 JOTJUNAL OF THE COIT^ENTIOIT. The question recurred upon the amendment suhmitted by Mr. Wysor, and being put, was decided in the negative — yeas 53 j noes 56. On motion of Mr. Woods, the vote was recorded as follows: The names of those who voted in the afiirmative are — Messrs. R.L. Montague fPres^j Messrs. Robert C. Kent William M. Ambler, William B. Aston, Angus R. Blakey, Peter B.Borst, Wood Bouldin, William VV. Boyd, Thomas Branch, James V. Brooke, Benjamin W. Byrne, John R. Chamblis, Robert Y. Conrad, John Critcher, William H. Dulany, Miers W. Fisher, Thomas S. Flournoy, William W. Forbes, Napoleon B. French, Colbert C. Fugate, Samuel M. Garland, H. L. Gillespie, Samuel L. Graham, Peyton Gravely, F. L. Hale, Lewis E. Harvie, Lewis D. Isbell, John J. Kindred, Wra. H. Macfarland, Charlos K. Mall^ry, Jacob W. Marshall, .John L. Marye.Sr. Thomas Maslin, Flemii-g B. Miller, Horatio G. Moflett, William J.Neblett, Hugh M. Nelson, William C-. Parks, Samuel Price, Flavid Pugh, Thomas J. Randolph, Peter Saunders, Sr. John T. Seawell, James W. ShefTey, John M. Speed, Bui'well Spurlock, Samulo G. Staples, Alnx. H. H. Stuart, William M. Tredway, Robert H. Turner, Robert H. Whitfield, Benj'n F. Wysor — 53. Peter C. Johnston, The names of those who voted in the negative are — Messrs. E. M. Armstrong. Messrs. James H. Cox, James Barbour, George Bayler, George Blow, Jr. James Boisseau, William G. Brawner, George W. Brent, John A. Campbell, Allen T. Caperton, John A. Carter, Samuel A. Coffman, C. B. Conrad, Robert E, Cowan, William P. Cooper, C. J. P. Cresap, W. H. B. Custis, Harvey Deskins, James B. Dormau, Alger n(Ui S Gray, William L. Goggin, John Goode, Jr. Addison Hall, Cyrus Hall, L. S. Hall, Alpheus F. Hayrnond; John N. Hendren. Jonathan M. Heck, JOURNAL OF THE CONVENTION. U1 Messrs. James F. Helcombe, J. G. HoUaday, John Janney, , John R. Kilby, * Walter D. Leake, Edward D. McGuire, James B. Mallory, James Marshall, Jefferson T. Martin, Henry H. Masters, Edmund T. Morris, ►Stephen A. Morgan, Samuel McU. Moore, Joseph H. Pendleton, Messrs. Wm. Ballard Preston, ^ Robert E. Scott, John D. Sharp, Thomas Sitlington, Charles R, Slaughter, George P. Tayloe, Franklin P. Turner, John Tyler, Edward Waller, William White, Samuel Woods, John B. Young — 56. Mr. GoGGiN moved to further amend the section, by adding thereto the following: "Or who, on the conclusion of a treaty of peace between the United States and the Confederate States of America, shall then be a citizen ol any one ot the non-slaveholding; States of the said United States." The question being put, was decided in the negative— yeas 35; noes 73. On motion of Mr. Gogcix, the vote was recorded as follows: The names of those who voted in the affirmative are — John Goode, Jr. F. L Hale, Lewis E. Harvie, Lewis I). Isbell, Walter D. Leake, Edward T). McGuire, Paul McNeil, Charles K. Mallory, Jefferson T. Martin, Edmund T. Morris, William J. Neblett, Hugh M. Nelson, Thomas J. Randolph, Peter Saunders, Sr. John T. Seawell, Samuel G. Staples, Wm. M. Tredway— 35. Messrs. R. L. Montague ( Prcst ) Messrs, William M. Ambler, Angus R. Blakey, James Boisseau, Peter B Borst, Thomas Branch, John R. Chambliss, John Critcher, James B. Dorman, William H. Dulany, Miers W. Fisher, Thomas S. Flournoy, William W. Forbes, Colbert C. Fugate, H. L. Gillespie, Samuel L. Graham, Peyton Gravely, William L. Goggin, The names of those who voted in the negative are — Messrs. Edw'd M. Armstrong, William B. Aston, 'i Messrs. James Barbour, George Baylor, 348 JOURNAL OF THE CONVENTION. Messrs. George W. Berlin, _ \Vond HniilJin, William W. Boyd, Williciin G. Brawiier, George W. Brent, James V. Brooke, John A. Cambell, Allen T. Caperton, John A. Carter, Samuel A. Coffmaii, C. B. Conrad, Robert Y. Conrad, Rohert I). (Jowan , William F. Cooper, James H. Cox, C. J. P. Cresap, W. H. B. Cnstis, Harvey Deskins, Napoleon B. b'renrh, Sanmcl M. Gailand, Algernon S Gray, Addison Hall, Cyrus Hall, L". S. Hall, Alphens F. Haymond, John N. Hendreii, J. M.Herk, James P. Holcornbe, J. G. HoUaday, John Janney, Peter C. Johnston, Robert C. Kent, John R. Kilby, John J. Kindred, Messrs. William H. Macfarland, James B. Mallofy, Jacob W. Marshall, I Jaipes Marshall, , John L. Marye, Sr. Thomas Maslin, Henry H. Masters, Fleming B. Miller, Horatio G. Moffett, Stephen A. Morgan, Samuel McD. Moore, Joseph H. ^^endleton, Win. Ballartl Preston , Samuel Price, David Pugh, George W. Kandol[)h, Timothy Rives, Robert E. Scoit, JoBn D. Sharp, James \V. Sheffcy, Charles R. Slaughter, John M. Speed, Burwell Spurlock, AJex. H. H. Stuart, George P. Tayloe, Robert H. Turner, Franklin P. 'J'uruer, John Tyler, Edward Waller, William White, Robert H. Whitfield, Samnel Woods, Benjamin F. Wysor, John B. Young — 73. The President presented a communication from the Executive of the C< nim(inwe;dth, transmitting, for confirmation, the nomi- nation of J)ahney H Maury as Colonel of Volunteers, which was laid upon the table. On motion of Mr. Braxch, the Convention adjourned. JOURIiAL OF THE CONVENTION. 349 • Thursday, Nov. 21, 1861. The Convciuion assembled at 10 o'clock, A. M. Prayer by tlie Rev. Dr. Hoge, of the Presbyterian Church. On motion of Mr. Blakky, secrecy was removed from that part of tlie Governor's Message, presented to the Convention on Tuesday, and referred to a special committee of "five." On motion of ftlr. Coxrau, of Frederick, the following reso- tion was adopted : Resolved, Tliat tlie Governor of the Commonwealth be requested to communi- cate to the Convention the results of the inquiry into the conduct of Col. Porler- lield. On motion of Mr. Pendletox, of Ohio, the following resolu- tion was adopted: Rcfiolved, That the Auditor of Public Accounts furnish to the Convention a ta- ble showinj; the white popuialion of each county in the State, the number of white male inhabitants above tlie age of 21 years, the negro population of each county, and a statement showing the value of property in each county, real and personal. The hour having arrived for the consideration of the order of the day, the consideration of the report of the committee on '^\tnpndments to the Constitution," was resumed — the unfin- isiied business being 1st section, Art. III. Mr. Hayaioxd moved to further amend the section under con- sideration, by inserting after the word "Commonwealth" in the first line, "and who is a citizen of the Confederate States." Negative. Mr. Woons moved to further amend the 2d section, by adding thereto the following: " Or who, since the 1st day of August, 18G1, shall have held or exercised any office or trust in this State under or by virtue of any authority derived from any Governments other than the State of Virginia, or who have taken up arms against the State of Virginia or the Confederate States." Mr. Hall, of Wetzel, moved to amend the proposed amend- ment, by striking out the whole, and inserting the following: "And the General Assembly may prohibit all persons from exercising the right of suffrage who have taken, or may hereafter take, any part in an effort to estab- lish a separate Government within this State, or who holds or has, since the 1st day of August, 18G1 , accepted any ofl'er of honor or profit under the Federal Gov- ernment of the United States." The question being put, was decided in the negative. The question then recurred upon the amendment submitted by Mr. Woods, and the question being put, was decided in the nega- tive. 1 350 JOURNAL OP THE CONVENTIOIf. bv add- Mr. Nelson moved further to amend the 1st Sect^ ing thereto the following: *«Or who has not been a naturalized citizen of some one of tl^TCon federate States for ten years next preceding the election." Mr. Brooke moved to amend the proposed amendment, by- striking out the whole, and inserting the following: "But no naturalized citizen of the State who shall have become such after the termination of the existing war shall be privileged to vote until he sliali have previously resided for 10 years in some one of the Confederate States." Mr. Wysor demanded the previous question, which was sus- tained. The main question being upon the adoption of the amendment submitted by Mr. Brooke, was put, and decided in the negative — yeas 46; nays 63. On motion of Mr. Woods, the vote was recorded as follows: The names of those who voted in the affirmative are — Messrs. R.L. Montague fPrsVj Messrs. Angus R. Blakey, Peter R. Borst, Wood Bouldiii, Thomas Branch, .Tames \. Brooke, Edward 11. Chambers, John R. Chambliss, Raphael M. Conn, William II. Dulany, Miers \V. Fisher, Thomas S. Flournoy, AV'illiam AV. Forbes, Napoleon B. French, Colbert C. Fugate, Samuel L. Graham, J^evton Gravely, F.'L. Hale, Lewis E. Harvie, liCwis U. Isbcll, .John J. Kindred, Paul McIVeil, William H. Macfarland, Charles K. Malloiy, .Tames Marshall, John L. JMarye, Sr. Thomas Maslin, Fleming 13. Miller, Horatio G. Moftett, Ednmnd T. Morris, William J. Neblett, Hugh JM. Nelson, William C. Parks, David Pugh, Thomas J. Randolph, James VV. Shetiey, John M. Speed, Samuel G. Staples, Alex. II. H. Stuart, William T. Sutherlin, (loorge P. Tayloe, William M. Tredway, Robert II. Turner, Robert H.W hi tfield, Samuel C. Williams, Benj. F. Wysor — 46. The names of those who voted in the negative are — Messrs. William M. Ambler, Messrs. James Barbour, Edward M. Armstrong, George Baylor, William B. Aston, George W. Berlin, JOURN'AL OF THE CONTEN'TION. 851 Messrs. Ge6rge Blow, Jr. Jara'es Boissean, William W. Boyd, William G. Bra'wner, George W. Brent, Benjamin W. Byrne, John A. Campbell, Allen T. Caperton, John A. Carter, Samuel A. Cotfman, C, B. Conrad, Robert Y. Conrad, William, P. Cooper, James H. Cox, C. J. P. Cresap, W. H. B. Cnstis, Harvey Deskins, James B. Dorman, Samuel M. Garland, H. L. Gillespie, Algernon S. Gray, William L. Goggin, John Goode, Jr., Cyrus Hall, L. S. Hall, Alphens F. Haymond, John N. Hendren, J. M. Heck, James P. Holcombe, Messrs. J. G. Holladay, .Tohn .Tanney, Peter C. Johnston, Robert C. Kent, .Tohn R. Kilby, Walter D. Leake, Edward D. McGuire, James B. Mallory, J. W. Marshall, J. T. Martin, Henry H. Masters, Steplien A. Morgan, Samuel McD. Moore, Joseph H. Pendleton, Wm. Ballard Preston, Samuel Price, Timothy Rives, Robert E. Scott, John D. Sharp, Thomas Sitlington, Charles R. Slaughter, Burwell Spurlock, Franklin P.Turner, John Tyler, Edward Waller, William White, Samuel Woods, John B. Young— 63. Mr. Tredway moved further to amend the amendment, by strikmg out the whole, and inserting the following: "Or any citizen lierefter naturalized unless he shall have resided in the Con- Mr. Caperton demanded the previous question, which was sus- tamed. The main question being upon the adoption of the amendment proposed by Mr. Tredway, was put and decided in the negative— yeas 42 ; noes 63. ^ On motion of Mr. Tredway, the vote was recorded as fol- lows: The names of those who voted in the affirmative are- Messrs. R. L. Montague (^Pm^j Messrs. James Boisseau, Wilham B. Aston, Peter B. Borst, Angus R, Blakey, Wood Bouldin, 352 JOURNAL OF THE CONVENTION. Messrs. Thomas Branch, BenjaQiin W. Byrne, Edward R. Chambers, John R. Chambliss, William H. Dulany, Miers W. Fisher, Thomas S. Flournoy, Wilham W. Forbes, Napoleon B. French, Colbert C. Fiigate, Samuel L. Graham, Peyton Gravely, F. L. Hale, Lewis E. Harvie, Lewis D. Isbell, John J. Kindred, Paul McNeil, Charles K. Mallory, Messrs. John L. Marye, Sr. Thomas Maslin, Fleming B, Miller, Horatio G. Moffett, Edmund T. Morris, William J. Neblett, Hugh M. Nelson, William C. Parks, David Pugli, Thomas J. Randolph, Peter Saunders, Sr. John M. Speed, Samuel G. Staples, William T. Sutherlin, William M. Tredway, Robert H. Turner, Robert H. Whitfield, Benj. F. Wysor— 42. The names of those who voted in the negative are- Messrs. Edw'd M.Armstrong, James Barbour, George Baylor, George W. Berlin, George Blow, Jr. William W. Boyd, George W. Brent, John A. Campbell, Allen T. Caperton, John A. Carter, Samuel A. Coftman, Raphael M. Conn, C. B. Conrad, Robert Y. Conrad, William P. Cooper, James H. Cox, C. J. P. Cresap, W. H. B. Custis, Harvey Deskins, James B. Dorman, Samuel M. Garland, H. L. Gillespie, Algernon S. Gray, William L. Goggin, John Goode, Jr. Addison Hall, Messrs. Cyrus Hall, L. S. Hall, Alpheus F. Hayniond, John N. Hendren, J. x\I. Heck, James P. Holcombe, J. G. Holladay, John Janney, Peter C. Johnston, Robert C. Kent, John R. Kilby, Walter D. Leake, Edward D. McGuire, James B. Mallory, J. W. Marshall, James Marshall, J. T. Martin, Henry H. Masters, Stephen A. Morgan, Samuel McD. Moore, Joseph H. Pendleton, Samuel Price, George W. Randolph, Timothy Rives, Robert E. Scott, John D, Sharp, JOURNAL OF THE COXYEXTION. 353 Messrs. James W. Sheffey, Thomas Sitlington, Charles R. Slaughter, Alex. H. H. Stuart, George P. Tayloe, Franklin P. Turner, Messrs. John Tyler, Edward Waller, William White, Samuel Woods, John 13. Young— 63. The question recurred upon the amendment proposed by Mr. Nelson, and being put, was decided in the negative — yeas 44; nays 60. On motion of Mr. Raymond, the vote was recorded as follows : The names of those who voted in the affirmative are — Messrs. R. L. Montague (P;-es^j Messrs. William B. Aston, Angus R. Blakey, Peter B. Borst, Wood Bouldin, Thomas Branch, James V. Brooke, Benjamin W. Byrne, Edward R. Chambers, Jolm R. Chambliss, Raphael M. Conn, W'illiam H. Dulany, Micrs W Fisher, Thomas S. Flournoy, Napoleon B. French, Colbert C. Fugate, H. L. Gillespie, Samuel L. Graham, Peyton Gravely, F. L. Hale, Lewis E. Harvie, Lewis D. Isbell, Peter C. Johnston, John J. Kindred, Paul McNeil, Charles K. Mallory, John L. Marye, Sr. Thomas Maslin, Fleming B. Miller, Horatio G. MofFett, Edmund T. Morris, William J. Neblett, Hugh M. Nelson, William C. Parks, David Pugh, Thomas J. Randolph, Peter Saunders, Sr. John M. Speed, Samuel G. Staples, Alex. H. H. Stuart, William T. Sutherlin, William M. Tredway, Robert H. Whitfield, Benj. F. VVysor — 44. The names of those who voted in the negative are — Messrs. Edw'd M. Armstrong, Messrs. John A. Campbell, James Barbour, Allen T. Caperton, George Baylor, John A. Carter, George VV. Berlin, W. H. B. Custis, George Blow, Jr. Samuel A. ColTman, James Boisseau, C. B. Conrad, . William W. Boyd, Robert Y. Conrad, William G. Brawner, William P. Cooper, George W. Brent, James H. Cox, 354 JOURNAL OF THE COXYENTION. Messrs. C. J. P. Cresap, Messrs. .Tames Marshall, Harvey Deskins, .T. T. Martin, James B. Dormaii, Henry H. Masters, Samuel M. Garland, Stephen A. Morgan, Algernon S. Gray, Samuel McD. Moore, William L. Goggin, Joseph H. Pendleton, John Goode, Jr. Samuel Price, Addison Hall, George W. Randolph, Cyrus Hall, Timothy Rives, L. S. Hall, Robert E. Scott, Alpheus F. Haymond, John D. Sharp, .folin N. Hendren, James W. Shelltiy, J. M. Heck, 'J'homas Sitlington, James P. Holcombe, Charles R. Slaughter, J. G. Holladay, (^eorge P. Tayloe, John Janiiey, Franklin P. Turner, John R. Kilby, John Tyler, Walter I). Leake, Edward Waller, Edward D. McGuire, William White, James B. Mallory, Samuel Woods, J. W. Marshall, John B. Young— GO. The question recurred upon the original section, as amended. Mr. DoRMAN demanded the previous question, which was sus- tained. The main question being upon the adoption of the section, as amended, was put, and decided in the afhrmative. The Secretary then proceeded to read tiie report, and sections 2d and 3d were passed by without objection. Mr. Holladay proposed to amend the 4th section by striking out all after the word ''given," in the first line and inserting, ^' by secret ballot, and not otherwise;" and the question being put, was decided in the negative. The 4th section, as reported, was then adopted. " The Secretarj' then proceeded to read the report, and the 1st Section, Art. IV., was passed by without objection." INIr. Turner, of Jackson and Roane, moved to recommit Art. lY to the committee, and the question being put, was decided in the negative. Mr. Wysor moved to amend the 2d section of Art. IV., by striking out all after the word, '^ Commonwealth," in the 4th line, and inserting the following: The distribution and apportionment whereof shall remain as now provided by law until a reapportionment of the same shall be made by the General Assembly as hereinafter provided. Mr. HalL; of Wetzel, moved to further amend the 2d sectioiij JOURNAL OF THE CON^'EXTION. 355 by Striking out "annually," and inserting "biennially;" and the question being put, was decided in the negative. Mr. Scott, of Fauquier, moved to strike out all, beginning with the words, " the counties," in the 2l1 paragraph, of the 2d section, down to the words " the General Assembly," in the first line oi the Sth paragraph of the same section; and the ques- tion being put, was decided in the affirmative. Mr. KiLBY moved to amend the Sth paragraph of the 2d sec- tion, by adding thereto the following: " And the said General Assembly shall have like power on the application of a majority of the voters of the county of Norfolk to provide that, instead of two delegates to be elected by said county, the city of Portsmouth shall elect one dclegntc and the residue of the couiUy sliall elect one delegate;" and the question being put, was decided in the affirmative. The 2d section as amended was then adopted. On motion of Mr. Tukner, of Jackson and Roane, the Con- vention adjourned. JOURNAL OF THE CONVENTIOK-. 357 Friday, November 22, 1861. The Convention assembled at 10 o'clock, A. M. Prayer by the Rev. Mr. Hoge, of the Presb^'terian Church. Mr. Johnston from the " Committee on Military Affairs," presented the following report, which was adopted : The Committee on Military AfTairs, to wliom the following resolution has been referred, viz. ^^ Rennlrcd, That the Committee on Military Affairs inquire into the expediency of providing, hy ordinance, that the commissions of field officers ap- pointed in pursuance of the ordinance of April, 18fi], shall expire whenever the regiments to which they are assigned shall he disbanded by the expiration of the terms of service of the companies composing their commands," have had the same under consideration, and report the following resolution thereon: Resolved, That it is inexpedient to make the provision proposed by the said resolution. On motion of Mr. Neblett, the following resolution was adopted : Resolved, That the President of the Convention be, and b« is hereby autliorized to sign the name of Richard H. Cox, the late delegate from the counties of King and Queen and Essex, to the ordinance of secession. On motion of Mr. French, the following resolution was adopted: Resolved, That the eflicient protection of South-Western Virginia from Meadow Bluff in Greenbrier county to Cumberland Gap, is of the highest importance to this State and Confederacy; that the loss or destruction of the Virginia and Tennessee Rail Road, lead mines and salt works of that region would be a disaster to our cause beyond remedy; that for the effectual defence of this region of country, it is essential to press the enemy back from the Cumberland, Flat Top, Seawell and Sandy ranges of mountains, and that for the attainment of this object the strenuous efforts of the Governor of this Commonwealth are invoked in conjunc- tion with those of the Confederate authorities. Mr. Turner, of Jackson and Roane, offered the following re- solution: Resolved, That the Secretary of the Convention be directed, at the close of the present scss^ion of this body, to issue his certificate for pay to Benjamin R. Linkous, Esq , Door-Keeper of the Convention during the present session, and that the said Benjamin R. Linkous be allowed mileage for his attendance at the last session of this Convention at the same rate as is allowed to members of the Convention, to be paid upon the certificate of the Secretary. The question being put, was decided in the negative. Mr. Macparland from the "Committee on Finance," pre- sented the following resolution, and asked to be discharged from the further consideration of the subject, which was adopted: Resolved, That the Committee ask to be discharged from the further considera- tion of this resolution, without expressing any opinion thereon, but because the General Assembly will soon be in session and competent to act thereon. 1 358 JOUUNAL OF TME CONVfiKTiON'. Mr. MacfarlanDj from the same committee^ presented the fbl^ lowing report, which was adopted: Resolved, That the committee ask to be discharged from the further considera* tion of the memorials of the Savings Banks and Common Council of the city of Richmond and town of Fredericksburg, not because they deem the subject unne- cessary or unworthy of favorable action, but that it is more proper for the action of the General Assembly, which will soon be in session. Mr. Conrad, of Frederick, submitted the following resolution, which was adopted: Resolved, That the Committee on Military Affairs be instructed to inquire into the expediency of amending the 8lh section of the ordinance " 7"o reoiganize the Militia," presented November 19th, and referred to said committee, by add- ing to said section provisions to the following effect: "Whenever any portion of the militia shall be called into active service, it shall be the duty of the superior officer, at the place of rendezvous, to ascertain and report the number of rank and file actually present, and their pay and ra- tions shall commence from that date. He shall, at the same time, arrange them into companies of men; arrange such companies, if enough, into regiments of men, and brigades of not less than regiments; shall assign the complement of officers, and of such grades as conform to the actual numbers, and report the names of tlie officers, discharging the rest; and no other officers than those so selected shall receive any pay, nor in any case be entitled to receive pay when his command is in number less than that belonging to his rank." On motion of Mr. M.\rtin, tlie following resolution was adopted. IiCsoh'((f, That the Committee of Privileges and Elections inquire into the cause of the absence from this Hou*e of Sherrard Clemens, one of the delegates from the county of Ohio; Benjamin Wilson, one of the delegates from the county of Harrison, and Caleb Boggess, delegate from the county of Lewi.*, and report to the Convention whether, in their opinion, such absence is owing to the disloyalty of said Sherrard Clemens, Benjamin Wilson and Caleb Boggess to the State or Con- federate States; and if so, whether, in the opinion of the committee, they should be expelled from this body. On motion of Mr. Randolph, of the city of Richmond, the following resolution was adopted: Resolved. That the Committee on Military Affairs be instructed to inquire into the best means of promoting the manufacture of nitre, and report by ordinance or otherwise. On motion of Mr. Speed, the following resolution was adopted: Resohed, That the Governor of the Commonwealth be requested to communi- cate to the Convention, whether there are any officers of the army or navy of the United States, who have resigned their positions, and applied for a corres- ponding service in the State or in the Confederate States of America, and have failed to obtain appointments. On motion of Mr. Turner, of Jackson and Roane, the follow- ing resolution was adopted: Resolved, That the Auditor of Public Accounts be requested to furnish to the Convention a statement showing the number of suits now pending upon the dockets of the circuit courts of the several counties in the Commonwealth respectively, distinguishing between the law and equity sides of the courts, and also, the num- JOURNAL OF THE CONVENTION. 359 ber of suits brought during the year 1860, and the number of criminal cases pend- ing on the dockets of said courts at the time of the report last made by the clerks of said courts. Mr. Conrad, of Frederick, presented an ordinance, ''amend- ing the 2d section of an ordinance, No. 71, passed June 28th, 1861, authorizing the issue of treasury notes," which was re- ferred to the ''Committee of Finance." On motion of Mr. Woods, the following resolution was adopted: Resolved, That tho members of this body ■who have been elected in the place of those members who have been expelled, bo permitted to sign the ordinance of se- OPssion. The President presented a communication from the Execu- tive of the Conmionweallh, transmitting the proceedings of the court of inquiry, in the case of Col. G. O. Porterfield, which was laid upon the table. The PRESiOKNT presented a communition from the Auditor of Public Accounts, in relation to the population of the State, &c., which was laid upon the table and ordcre-d to be printed. [Doc. No. XXX YII.] On motion of Mr. Sheffey, the following resolution was adopted: Resolved, That the Clerk be instructed to furnish to the Governor of this Com- monwealth a copy of the resolution adopted this day, in relation to the defences of the Soiith-Western portion of this State. The hour having arrived for the execution of the order of the day, the consideration of the report of the " Committee on Amendments to the Constitution" was resumed. The Secrrtary proceeded to rend section 3d, Art. IV. Mr. Stuart moved to strike out the whole of section 3d and 4th, and insert the following: " 3. The other shall be called the Senate and consist of fifty members, for the election of whom the counties, cities and towns shall be divided into fifty dis- tricts. Eacii county, city and town of the respective district, at the time of the first election of delegates under this Constitution, shall vote for one Senator, and the Sheriffs or other officers holding tiie election for each county, city or town, wilhin five days after the election, shall meet at the court house of the county, city or town first named in the district, and from the polls so taken in their re- spective counties, cities and towns, return as Senator the person who has received the greatest numi)er of votes in the whole district. To keep up this Assembly by rotation, the districts shall be divided into fourclasses and numbered by lot. The first class shall consist of twelve; the second of thirteen; the third of twelve, and the fourth of thirteen. The seats of the Senators of the first class shall be va- cated at the expiration of the first year after the commencement of their term of office; of the second class at the expiration of the second year; of the third class at the expiration of the third year; and of the fourth class at the expiration of the fourth year, so that one class may be chosen every year; and the vacancies thereby occasioned shall be supplied from such class by new election in the man- ner aforesaid. This rotation shall be applied to each class according to its num- ber, and continued in due order annually. 360 JOURNAL OF THE CONVENTION. " 4. For the election of Senators the districts shall remain as now arranged until representation in the two Houses shall be reapportioned in the manner pro- vided in the Constitution." The question being put, was decided in the affirmative. The Secretary proceeded to read the 5th and 6th sections of Art. IV, which, on motion of Mr. Stuart, were passed by with- out consideration. The 7th section was read and passed by without objection. The Secretary proceeded to read the 8th section. JMr. DoRMAN moved to amend the section by inserting after the word "Constitution," in the third hue the following: "No session of the General Assembly shall continue longer than ninety days without the concurrence of three-fifths of the members elected to each house, in which case, the session may be extended for a further period not exceeding thirty days." The question being put, was decided in the negative — yeas 40; nays (54. On motion of Mr. Young, the vote was recorded as follows: The names of those who voted in the affirmative are — Messrs. William B. Aston, George Baylor, Peter B. Borst, James V. Brooke, John A. Carter, Raphael M. Conn, C. B. Conrad, William P. Cooper, C. J. P. Cresap, W. H. B. Ciistis, James B. Dorman, William H. Dulany, H. L. Gillespie, Samuel L. Graham, Peyton Gravely, Algernon S. Gray, William L. Goggin, Cyrus Hall, J. M. Heck, George W. Hull, Messrs. Lewis D. Isbelt, Paul McNeil, Janes B. xHallory, J. W. Marshall, Thomas Maslin, Samuel McD. Moore, William J. Neblett, Logan Osburn, William C. Parks, David Pngh, Timothy Rives, Peter Saunders, Sr. John D. Sharp, James \V. Sheffey, Thomas Sitlington, Burwell Spurlock, Robert H. Turner, Edward Waller, Robert H. Whitfield, John B. Young — 40. The names of those who voted in the negative are — Messrs. R.L.MontaguefPre^^j Messrs. John Janney, "William M. Ambler, Peter C. Johnston, Edw'd M. Armstrong, Robert C. Kent, George W. Berlin, John J. Kindred, Angus R. Blakey, Edward D. McGuire^ JOURNAL OF THE CONVENTION. 361 Messrs. George Blow, Jr. Wood Bouldin, William W. Boyd, Thomas Branch, William G. Brawner, George W. Brent, Benjamin W. Byrne, Frederick A. Cabell, EcJward R. Chambers, John R Chanibliss, Robert Y. Conrad, Robert E. Cowan, James H. Cox, Harvey Deskins, Miers W. Fisher, Thomas S. Flonrnoy, Napoleon B. French', Colbert C. Fiigate, Samuel M. Garland, F. L. Hale, Addison Hall, L. S. Hall, Lewis E. Harvie, Alpheus F. Haymond, John N. Hendren, James P. Holcombe, J. G. Holladay, Messrs. William H. Maclarland, Charles K. Mallory, James Marshall, J. T. Martin, John L. Marye, Sr. Henry H. Masters, Fleming B. Miller, Horatio G. Moffett, Edmund T. Morris, ' Stephen A. Morgan, Hugh M. Nelson, Joseph H. Pendleton, Samuel Price, George W. Randolph, Robert E. Scott, Charles R. Slaughter, John M. Speed, Samnel G. Staples, Alex. H. H. Stuart, William T. Sutherlin, George P. Tavdoe, John T. Thornton, William M. Tredway, Franklin P. Turner, ' William Wbite, Samuel Woods, Benj'n F. Wysor— 64. Ml BoRST moved further to amend the section, bv insering after the word -Constitution," in the third line, the following^ and such meeting shall be on the first Monday in Januar?," uidess otherwise provided by law." ' The question being put was decided in the negative lie section as onginallv reported was then adopted The9th,10th 11th ]2th, 13, 14th and 15th sections were read and passed by without objection. The Secretary proceeded to read the 16th section. f 'u ''^i'''''' ']^ Jackson and Roane, moved to amend the sec- tion, by adding thereto the following: "Nor shall any law be revived or amended by reference toils title hnt ))ip nm revived or seet.on amended shall be rcU-nacted and publiJlfed at !e.' gMu ' Mr. Scott of Fauquier, moved to amend (he amendment, by striking out all after the word " title." • The question being put, was decided in the negative. Mr. Macfauland moved to amend the amendinent, by substi- utmg lor the whole scctio?^ and amendment, the following- Every law shall declare the subject in the title thereof-" but 362 JOURNAL OF THE CONVENTION. subsequently withdrew it, and accepted the following, submitted by Mr. Stuart: ^^ Every law, or resolution, having the force of law, shall relate to but one subject, which shall be expressed in the title." The question being put, the amendment was adopted. The section as amended was then adopted. The Secretary then proceeded to read the 1 7th section. Mr. MooRE moved to auiendthe section, by striking out, in the first line, 'Uhe General Assembly may provide that." The question being put, was decided in the negative. The 18th section was passed by without objection. The Secretary then proceeded to read the 19th section. Mr. Dorman moved to strike out, in the third line, all after the word '^and," and insert the following : '^It shall be the duty of the General Assembly to prescribe proper regulations for reduc- ing such negroes to slavery." Mr. Harvie moved to amend the amendment, by way of sub- stitute, by striking out the whole section, and inserting the fol- lowing : ''No slave shall be emancipated in this Commonwealth after the adoption of this Constitution." The question being put was decided in the negative — yeas 52; nays 54. Mr. Gray, on his own motion, was excused from voting. On motion of Mr. Harvie, the vote was recorded as follows: The names of those who voted in the affirmative are — Messrs. R.L. Montague (^Pres^j Messrs. Lewis E. Harvie, William M. Ambler, John N. Hendren, William B. Aston, J. M. Heck, James Barbour, Jas. P. Holcombe, Angus R. Blakey, Lewis D. Isbell, George Blow, Jr. Peter C. Johnston, Wood Bouldin, Robert C. Kent, William W. Boyd, Edw'd D. McGuire, Wm. G. Brawner, Wm. H. Macfarland, George W. Brent, James Marshall, James Y. Brooke, J. T. Martin, Frederick M. Cabell, Horatio G. Moffett, John A. Campbell, Edmund T. Morris, Edw'd R. Chambers, William J. Neblett, Samuel A. Coffaian, Hugh M. Nelson, Raphael M. Conn, William C. Parks, Rob't Y. Conrad, Wm. Ballard Preston, James B. Dorman, George W. Randolph, Miers W. Fisher, Samuel G. Staples, Thos. S. Flournoj, Wm. T. Sutherhn, Colbert C. Fugate, George P. Tayloe, Journal ov thej ooNvtiNTioK. 363 Messrs. Samuel L. Graham, Peyton Gravely, John Goode^ Jr. F. L. Hale, L. S. Hall, Messrs. William M. Tredway, Robert H. Turner, Franklin P. Turner, William White, Samuel Woods — 52. The names of those who voted in the negative are- Messrs. Edw'd M. Armstrong, Messrs George Baylor, George W. Berlin, Thomas Branch, Benjamin W. Byrne, John A. Carter, John R. Chambliss, C. B. Conrad, Robert E. Cowan, William P. Cooper, James H. Cox, C. J. P. Cresap, W. H. B. Custis, Harvey Deskins, William H. Dulany, Samuel M. Garland, H. L. Gillespie, William L. Goggin, Addison Hall, Cyrus Hall, Alpheus F. Haymond, J. G. Holladay, George W. Hull, John Janney, .lohn J. Kindred, Paul McNeil, Charles K. Mallory, James B. Mallory, J. W. Marshall, John L. Marye, Sr. Thomas Maslin, Fleming B. Miller, Stephen A. Morgan, Samuel McD, Moore, Logan Osburn, Joseph H. Pendleton, Samuel Price, David Pugh, Timothy Rives, Peter Saunders, Sr. Robert E. Scott, John D, Sharp, James W. Sheffey, Thomas Sitlington, Chas. R. Slaughter, .Tohn M. Speed, Burwell Spurlock, Alex. H. H. Stuart, John T. Thornton, John Tyler, Edward Waller, Robert H. Whitfield, Benjamin F. Wysor, John B. Youns: — 54. Mr. Holladay moved to amend the amendment by striking- out all after the word ''free," in the third hue, and inserting the following: "And shall pass to the distributees of the testator, when the emancipation was by will, and when by deed, to such persons as would be the distributees of the grantor, were he dead at the time, subject to debts of the testator or grantor as in due course of administration." ' Mr. Barbour demanded the previous question, which was sustained. The main question being upon the adoption of the amend- ment submitted by Mr. Hollauay, was put, and decided in the negative. ob4 JOURNAL OF THE COJ^VENTIOX. The question recurred upon the amendment submitted by Mr* DoRMAN. Mr. DoRMAN demanded the previous question, which was sus-' tained. The main question being upon the amendment submitted by Mr. DoRMAN, was put, and decided in the affirmative. Mr. Morris moved to further amend the section, by striking out the word "twelve," in the second Une, and inserting the word <'six." Mr. Turner, of Jackson and Roane, moved to amend the amendment, by striking out the word ''six," and inserting ''three." Negatived. The question recurred upon the amendment submitted by Mr. Morris, and being put, was decided in the negative. Mr. Chambers moved to amend the amendment, by adding thereto the following: "But emancipated slaves who had not forfeited their right to freedom on the 19th of April, 1861, shall not incurt he forfeiture of their freedom if they remove from this Commonwealth in twelve months next after the termination of the existing War between the United States and the Confederated States of America," and the question being put was decided in the negative. Mr. Brooke moved to strike out the whole section and insert the following: "If any slave hereafter emancipated shall remain in the Commonwealth more than twelve months after becoming actually free, such emancipation shall become void, and the condition of such slave shall thenceforth be and continue as if no such emancipation had been made." The question being put was decided in the negative. The section, as amended, was then adopted. The Secretary proceeded to read the twentieth section. Mr. BouLDiN moved to amend the section, by inserting after the word "may," in the first line, the words "prohibit the fu- ture emancipation of slaves or/' and the question being put was decided in the affirmative. The section, as amended, was then adopted. The twenty-first section was then read and passed by without objection. On motion of Mr. Blakey the Convention adjourned. JOURNAL OK THE CONVF>NTION. 366 Saturday, November 23, 1861. The Convention assembled at 10 o'clock, A. M. Prayer by the Rev. Dr. Hoge of the Presbyterian Church. Mr. Maslin submitted an ordinance " authorizing officers in the service of the State to accept commissions from the govern- ment of the Confederate States." On motion of Mr. Maslin the rules were suspended and the ordinance adopted. The Presidext presented a communication from the Execu- tive of the Commonwealth, transmitting a communication from Hon. J. P. Benjamin, Secretary of War of the Confederate States, which was laid upon the table. On motion of Mr. Price, the Convention went into secret session. After some tune passed in secret session the doors were again opened. Mr. Morris submitted the following resolution, which, on motion of Mr. Stuart, was laid upon tlie table. Resolved, That a committee of five be appointed by the President to inquire into the loyalty of Jiid2;e Edward P. Pitts to the State of Virginia, and the Con- federate States, and that such committee have power to summon witnesses, and by proclamation, to summon the said Edward P. Pitts, before them. Mr. Raymond submitted the following resolution, which, on motion of Mr. Stuart, was laid upon the table. Resolved, That the Committee of Elections, have power to send for persons and papers in the matter referred to them in relation to Sherrard Clemens, Bejamin Wilson and Caleb Boggcss. The hour having arrived for the execution of the order of the day, the consideration of the report of the " Committee on Amendments to the Constitution" Avas resumed. The Secretary proceeded to read the report — the unfinished business being section 22, Art. IV., which was passed by with- out objection. Mr. Stuart moved to amend section 23 by striking out all alter the word *' years," in the fourth line down to ''but" in the sixth line. Mr. WiiiTriEi.D demanded the previous question which was sustained . The main question being U))on the amendment submitted by Mr. Stuart, was put, and decided in the allirmative — yeas 55; nays 43. 2 866 JOURNAL OF THE CONVENTION. On motion nt' Mr. Pendleton, of Ohio,tlie vote was recorded as follows: The names of those who voted in the affirmative arc — Messrs. R. L. Montague, (Prest) Messrs, Wilhani M, Ambler, James Barbour, George Baylor, Angus R. iilakey, Wood Bouldin, William W. Boyd, Thomas Branch, William (i. Brawner, George W. Brent, Frederick M. Cabell, Edward R. Chambers, Manilius Chajjuian, Samuel A. Cotfrnan, Robert Y. Conrad, William II. Dulany, Micrs W. Fisher, Samncl M. Garland, H. L. Gillespie, Peyton Gravely, William L. Goggin, .John Goode, Jr. Lewis E. Harvic, John N. Hendren, J.G. Holladay, Lewis D. Isbell, John Janney, Peter C. Johnston, Robert C. Kent, Paul McNeil, William H. Macfarland, Charles K. Mallory, James B. Mallory, James Marshall, John L. Maryc, Sr. Fleming B. Miller, Horatio G. Moflclt, Edmund T. Morris, Samuel McD. Moore, William J. Neblctt, Logan (^sburn, Wm. Ballard Preston, .Samuel Price, Peter Saunders, Sr. James W. Shelfey, Charles R. Slaughter, Samuel G. Staples, Ale.K. H. H. Stuart, William T. Sutherlin, George P. Tayloe, William M. Tredway, Robert H. Turner, John Tyler, Robert H. Whitfield, Benj. F. Wysor— 55. The names of those who voted in the negative are- Messrs. Edw'd M. Armstrong, Messrs. William B. Aston, George W. Berlin, Benjamin W. Byrne, John A. Carter, William P. Cecil, John R. Chambliss. Raphael M. Conn, C. B. Conrad, Robert E. Cowan, William P. Cooper, James H. Cox, Alpheus F. Raymond, J. iVL Heck, James P. Holcombe, George W. Hull, John J. Kindred, Edward D. McGuire, J. T. Martin, Thomas Maslin, Henry H. Masters, Stephen- A. Morgan, Hugh M. Nelson, Joseph H. Pendleton, JOURKAL OF THE COX^^ENTKtN. 367 ?»ISssrs. C. J. p. Cresap, Messrs. David Piigh, W. H. B. Cnstis, George W. Randolph, Harvey Dcskins, John D. Sharp, James B. Dorm an, Burwell Spurlock, WiUiam W. Forbes, John T. Thornton, Colbert C. Fngate, Franklin P. Turner, Samuel L. Graham, Edward Waller, Addison Hall, Samuel Woods, Cyrus Hall, John B. Young— 43. L. S. Hall, Mr. Pkxdletox moved to strike out the whole section and in- sert the followiiiE;: "A capitation may be levied upon every white male inhabi-tant who has attamed the age of twenty-one years." The question being put, was decided in the negative. The section, as amended, was then adopted. Sections 25th and 26th were read and passed by without ob- jection. Mr. Trkdwav moved to amend the 26th section, by adding thereto the following: " And every art makinj; an appropriation of money, except for the ordinary expenses of the Government, three-fifths of the membersof each house, shall be recorded for it before it becomes a law." The question being put, was decided in the negative!. The section was then adopted. Mr. I*F.NDLKTON, of Ohio, moved to amend the 2Tth section, by striking out, in the fourth line, the words "or which may be hereafter made." The question being put was decided in the negative Mr. MotiRis moved to amend the section by adding thereto the following, "or make any loan of any kind to any company or corporation." The question being put was decided in the negative — yeas 29: nays 73. On motion of Mr. Pendleton, of Ohio, the vote was recorded as follows: The names of those who voted in the affirmative are — Messrs. R.L. Montague (P/-'5/; Messrs. J. T. Martin, George W. Berlin, John L. Marye, Sr. John A. Carter, Thomas Maslin, Raphael 31. Conn. Henry H. Masters, C. B. Conrad, Edmund T. Morris, R. E. Cowan, S. A. Morgan, James H. Cox, William J. Neblett, 3G8 JOURNAL OF THE CONVENTION. *Messrs. C. J. P. Cresap, Messrs. W. H. B. Custis, William H. Diilaiiy, Miers W. Fislicr, Samuel L. Graham, Addison Hall, L. S. Hall, John J. Kindred, The names of those who voted in th Messrs. William M. Ambler, Messrs, Edward M. Armstrong, William B. Aston, James Barbonr, George Baylor, Angus K. i3lakey, Wood Bouldin, Willliam W. Boyd, Thomas Branch, William G. Brawner, George W. Brent, Benjamin W. Byrne, Frederick M. Cabell, John A. Campbell, Allen T. Caperton, Edward 11. Chambers, John 1\. Chambliss, Mauilius Chapman, Sanniel A. Coflnian, Robert Y. Conrad, W. P. Cooper, Harvey Deskins, James B. Dorman, William W. Forbes, Colbert C. Fngate, . Samuel M. Garland. ' H. L. Gillespie, Peyton Gravely, William L. Goggin, John Goode, Jr. Cyrus Hall, Lev/is E. Harvie, John N. Hendren, J. M. Heck, James P. Holcombe. J. G. HoUaday, The section was then adopted. , Joseph H. Pendleton, William M. Tredway, John Tyler, Edward Waller, Saumel C. Williams, Sanniel Woods, John B. Young— 29. c negative are — , George W. Hull, Lewis D. Isbell, John Janney, Peter C. Johnston, Robert C. Kent, E. 1). McGuire, Paul McNeil, William H. Macfarland, Charles K. Mallory, James B. Mallory, James Marshall, Fleming B. Miller, Horatio C. Aloffett, Samuel Met). Moore, Hugh M. Nelson, Logan Osburn, Wni. Ballard Preston, Samuel Price, David Pugh, (ieorge W. Randolph, Peter Saunders, Sr. John I). KSharp, James W. Sheffey, Thomas Sitlington, Charles R. Slaughter, John M. Speed, Bnrwell Spurlock, Samuel G. Staples, Alex. H. H. Stuart, William T.Sutherlin, CJeorge P. Tayloe, John T. Thornton, Robert H. Turner, Franklin P. Turner, Robert H. Whitfield, Benj'n F. Wysor— 73. JOURNAL OF THE COXVENTIOX. 369 Mr, Randolph, of the city of Richmond, moved to amend the 28th section, by inserting after the word " annnally," in the first hne, the words "by the auditing and disbursing officers of the trea- sury and Secretary of the treasury." The question being put, was decided in the negative. Mr. Raymond moved to strike out the words " there shall be " in the first line, and insert " the Legislature may." Mr. Ki.vDRED demanded the previous question, which was sustained. The main question being upon the amendments submitted by Mr. Raymond, was put, and decided in the negative — yeas 0; nays 95. On motion of Mr. Presiox the vote was recorded as follows: The names of those who votedin the affirmative are — Messrs. R. 1>. Moutngue ( Prest ) Me.ssrs. William M. Ambler, Edward M. Armstrong, William B. Aston, George Baylor, George W. Berhn, Angus R. Blakey, George Blow, Jr. Wood Bouldin, William W. Boyd, WiUiam G. Brawner, George W. Brent, Benjamin W. Byrne, Frederick M. Cabell, John A. Campbell, Allen T. Capeiton, John A. Carter, William P. Cecil, Edward R. Chambers, John R. Cham bliss, Manilius Chapman, Samuel A. Coffman, Raphael M. Conn, C. B. Conrad, Robert Y. Conrad, Robert E. Cowan, James H. Cox, C. J. P. Cresap, W. R. B. Custis, Harvey Desk ins, James B. Dorman, William H. Dulanv, John Janney, Peter C. Johnston, Robert C. Kent, John J. Kindred, Edward D, McGuire, Paul McNeil, William R. Macfarland, Charles K. Mallory, James B. Mallory, James Marshall, Jeflerson T. Martin, John L. Marye, Sr. Thomas Maslin, Henry H. Masters, Fleming B. Miller, Horatio G. Mofl:ett, Edmund T. Morris, Stephen A. Morgan, Samuel McD. Moore, William J. Neblett, Joseph R. Pendleton, Wm. Ballard Preston, Samuel Price, David Pugh, George W. Randolph, Peter Saunders, Sr. Jojin D. Sharp, James W. Slieftey, Thomas Sitlington, Charles R. Slaughter, .Tohn M. Speed, Burwell Spurlock, 870 JOURNAL OF THE CONVENTIOK. Messrs. Miers W. Fisher, Messrs. Samuel G. Staples, Colbert C. Fugate, Alex. H. H. Stuart, Samuel M. Garland, William T. Siitherlin; H. L. Gillespie, George P. Tayloe, Samuel L. Graham, John T. Thornton, Peyton Gravely, VViUiam M. Tredway, William L. Goggin; Robert H. Turner, Addison Hall, Franklin P. Turner, Cyrus Hall, John Tyler, Lewis E. Harvie, Edward Waller, John N. Hendren, Robert H. Whitfield, Jonathan M. Deck, Samuel C, Williams, James P. HolcombCj Samuel Woods, J. G. Holladay, Benj. F. Wysor, George W. Hull, John B. Young— 95. Le\Vis D. Isbell, . Mr. BouLDiN moved to su-ike out the word "fifty," in the fifth line, and insert the word ^^ sixty." iS'egatived. Mr. Stuart moved to insert after the word " debt," in the thir- teenth line, the words ''shall have been or." The question being put, was decided in the affirmative. The section, as amended, was then adopted. The 29di, 30th, 3 1st and 32d sections were then read ana passed by without objection. iMr. Havmond moved to amend the 33d section, by striking out the word "six," in the second line, and inserting the word "four." Negatived. Mr. CoNKAK, of Frederick, moved farther to amend the sec- tion, by striking out all after the word " Assembly," in the tenth line. The question being put, was decided in the affirmative. Mr. Havmoxd moved further to amend the section, by adding thereto the ibllowing : " The voters in any county or corpora- tion may vote at the place or places provided by law." The question being put, was decided in the negative. Mr. Ukcil moved to further amend the sectiont by striking ou all beginning with the word " but," in the seventh line. The question being put, was decided in the affirmative. Mr. BvRXE moved to further amend the section, by adding thereto the following; "But counties herelorore formed shall be valid, tiltliough they may contain art area of less than six liuii&red square miles." The question being put, was decided in the negative. The section as amended w-as then adopted. The 34th and 35th sections were then read and passed by without objection. JOtJRNAL OF THE CONVENTION. 371 Mr. Stuart moved to strike out the whole of the 36th section. The question being put was decided in the afRrmative. Mr. Stuart moved to amend the 37th section, by striking all from the word ^'^ law," in the fourth line, down to ^'and," in the sixth line. The question being put, was decided in the affirmative. The Secretary then proceeded to read Article V. The first section was read and passed by without objection. Mr. Moffett moved to amend the 2d section by striking out all after the word '^elected" in the first line, and inserting the words ''by joint ballot of the two Houses of the General As- sembly." Mr. Price demanded the previous question, which was sus- tained. The main question being upon the adoption of the amend ment, submitted by Mr. Moffett, was put, and decided in the negative —yeas 42 ; nays 60. On motion of Mr. Prndleton, of Ohio, the vote was recorded as follows : The names of those who voted in the affirmative are — Messrs. R.L. Montague fPre^^; Messrs. Charles K. Mallory, William M. Ambler, .Tames B. Mallory, .lames Barbour, .Tames Marshall, Angus R, Blakey, John L. Marye, Sr. Wood Bouldin, Thomas Maslin, Fred. M. Cabell, Horatio G. Moffett, Allen T. Caperton, Edmund T. Morris, Edw'd R. Chambers^ Samuel McD. Moore, Robert Y. Conrad, William J. Neblett, James H. Cox, Hugh M. Nelson, William H. Dulany, David Pugh, William W. Forbes, George W. Randolph, Colbert C. Fugate, Peter Saunders, Sr. H. L. Gillespie, Charles R. Slaughter, Addison Hall, Alex. H. H. Stuart, i.. S. Halll, .Tohn T. Thornton, Lewis E. Harvie, William M. Tredway, John N. Hendren, Robert H. Turner, James P. Holcombe, John Tyler, John Janney, Robert H. Whitfield, Wm. H. Mactarland, Benj'n F. Wysor— 42. The names of those who voted in the negative are — Messrs. E.M.Armstrong, Messrs. Cyrus Hall, William B. Aston, Alpheus F. Haymondy George Baylor, Jonathan M. Heck, 372 JOURNAL OF THE CONVENTIOl^. Messrs. George W. Berlin, George Blow, Jr. William W. Boyd, William G. Brawner, George W, Brent, Benj. W. Byrne, .lohn A. Campbell, .John A. Carter, William P. Cecil, John R. Chambliss, Manilius Chapman, Samncl A. Coffman, Raphael M. Conn, C. B. Conrad, Robert E. Cowan, William P. Cooper, C. J. P. Cresap, Harvey Deskins, James B. Dorman, Miers W. Fisher, Napoleon B. French, Samuel M. Garland, Samuel L. Graham, Peyton Gravely, Algernon S. Gray, William L. Goggin, John Goode, Jr. Mr. Blakey, from the committee to whom was referred *'a portion of the communication of the Governor of the Connnon- wealth," presented on the 19th instant, presented an ordinance, which was, under the rule, laid upon the table, and ordered to be printed. On motion of Mr. Kent the Convention adjourned. Messrs. J. G. HoUaday, George W. Hull, Lewis D. 1 shell, Peter C. Johnston, Robert C, Kent, John J. Kindred, Edward D. McGuire, Paul McNeil, Jefferson T. Martin, Henry H. Masters, Fleming B. Miller, Stephen A. Morgan, Logan Osburn, Wm. Ballard Preston, Samuel Price, John D. Sharp, James W. Sheffey, Thomas Sitlington, Burwell Spurlock, Samuel G. Staples, William T. Sutherlin, George P. Tayloe, Franklin P. Turner, Edward Waller, Sam'l C. Williams, Samuel Woods, John B. Young— 60. JOURNAL OF THE CONVENTION. 387 • Wednesday, November 27, 1861. The Convention assembled at 10 o'clock, A. M. Prayer by the Rev. Dr. Burrows?, of the Baptist Church. Mr. Morris, from the Committee ''to inquire into the loyalty of Judge Edward P. Pitts," presented a report, which was laid lipon the table, and ordered to be printed. Mr. Pendleton, of Ohio, indicated that at the proper time he would submit the following amendment to the report of the Committee ''On Amendments to the Constitution," which, on his motion, was laid upon the table, and ordered to be printed: "All free white persons, born in this State; all free white persons born in any other State of this Confederacy, who may be, or become, residents of this State; all aliens, being free white persons, naturalized under the laws of the Confeder- ate States, who may be, or become, residents of this State; all persons who have obtnined a right to citizenship under former laws, and all children, wherever born, whose father, or if he be dead, whose mother, shall be a citizen of this State at the time of the birth of such children, shall be deemed citizens of this Slate; but no pcr>on shall be deemed a citizen of this State who has given, or may hereafter give, any aid in establishing, without authority of the Legislature, any governnrient within the limits of this State, separate from the existing go- vernment, or holding or executing, in such usurped government, any office, post, place of trust or emolument, legislative, executive or judicial, civil or military." Mr. Randolpft, from the Committee "for the Reorganization of the Militia," presented amendments to the "Ordinance for Reorganization of the Militia," which were laid upon the table, and ordered to be printed. On motion of Mr. Dokman, the ordinance "for the effectual defence of the .State," submitted by him on the 25th instant, was referred to the " Committee on Military Affairs." Mr. Price, from the committee to whom was referred the let- ter of the Secretnry of War of this Confederate States, presented an ordinance, which was laid upon the table, and ordered to be printed. On motion of Mr. Tyler, the Convention went into secret session. After sometime passed in secret session the doors were again opened. Mr. Blakey submitted the following resolution, which, on motion of Mr. Stuart, was laid upon the table: Resolredy That hereafter the amendments to the Constitution shall be the order of the day from 1]^ o'clock, A. M., until otherwise provided. The hour having arrived for the execution of* the order of* the day, the consideration of the report of the Committee "on Amendments to the Constitution," was resumed. 1 388 JOURNAL OF THE CONYENTIOi?". The unfinished business being the consideration of the 5th section of Art. YI, Mr. Graham moved to further amend the section, by striking out all after the word "offices," in the third Une, down to the •word "or," in the fourth Hne, and inserting the following: "for the term of twelve years." The question being put, was decided in the negative — yeas 34; nays 74. On motion of Mr. Graham, the vote was recorded as follows: The names of those who voted in tiie afiirmative are — Messrs. Wilham B. Aston, George W. Berlin, Manihus Chapman, Samuel A. Cotfman, Bajiliael M. Conn, 0. 13. Conrad, Rol)crt Fi. Cowan, "NViihuiH P. Cooper, James H. Cox, C. J. P. Cresap, John Critcher, W. H. B. Cnstis, Kapoleon B. French, Colbert C. Fugate, Samuel li. Graliam, Robert E. Grant, Cyrus Hall, Messrs. Alpheus F. Haymond, Jonathan M. Heck, Robert C. Kent, Edw'd 1). McGuire, Paul McNeil, J. \V. Marshall, J. T.Martin, Henry H. Masters, Fleming B. Miller, Stephen A. Morgan, William C. Parks, Joseph H. Pendleton, Timothy Rives, John A. Robinson, James VV. Shetfey, Burwcll Spurlock, Samuel Woods — 34. The names of those who voted in the negative are — Messrs. R L. Montague fPres/j Messrs. William M. Ambler, Edward M. Armstrong, James Barbour, George Baylor, Angus R. Blakey, George Blow, Jr. James Boissuau, Peter B. Borst, Wood Bouldin, William VV^ Boyd, William G. Brawner, George W. Brent, James V. Brooke, Benjamin W. Byrne, Frederick M. Cabell, John Janney, Marmaduke Johnson, John R. Kilby, John J. Kindred, William H. Macfarland, James Marshall, John L. Marye, Sr. Thomas Maslin, Horatio G. ]Moffett, Edmund T. Morris, Samuel McI). Moore, William J. Neblett, Hugh M. Nelson, Logan Osburn , Wm. Ballard Preston, Samuel Price, JOURNAL or THE CONVENTION. 389 Messrs. John A. Campbell, Messrs. David Piigh, Allen T. Caperton, George W. Randolph, John A. Carter, Thon.as .1. Randolph, Edw'd R. Chambers, Peter Saunders, Sr. John R. Chambliss, John T. Seawell, Robert Y. Conrad, John D. Sharp, James B. Dorman, Thomas Sitlington, William H. Dulany, Charles R. Slaughter, Miers VV. Fisher, John M. Speed, Thomas S. Flournoy, Samuel G. Staples, Samuel M. Garland, Alex. H. H. Stuart, H. L. Gillespie, George P. Tayloe, Peyton Gravely, John T. Thornton, John Goode, Jr. VViUiam M, Tredway, Addison Hall, Robert H. Turner, L. S. Hall, Franklin P. Turner, John N. Hendren, John Tyler, James P. Holcombe, Edward Waller, J. G. Holladay, William White, George W. Hull, Robert H. Whitfield, Lewis D. Is bell, Benj. F. Wysor — 74. Mr. Haymond moved to further amend the section, by striking out all after the word ''offices," in the third line, down to the word "or" in the fourth line, and inserting the following: ''for such term or terms as the General Assembly may prescribe." Mr. Wysor demanded the previous question, which was sus- tained. The main question being upon the amendment submitted by Mr. Haymond, was put, and decided in the negative. The question recurred upon the adoption of the section, as amended. Mr. KiLBY demanded the previous question, which was sus- tained. The main question being upon the adoption of the section, as amended, was put, and decided in the affirmative — yeas 81 j nays 25. On motion of Mr. Sheffey, the vote was recorded as follows; The names of those who voted in the affirmative are — Messrs. R. L. Montague (Pre5^) Messrs. Lewis D. Tsbell, William M. Ambler, John Janiiey, Edward M. Armstrong, Marmaduke Johnson, William B. Aston, John R. Kilby, James Barbour, John J. Kindred, George Baylor, Paul McNeil, George W. Berlin, William H. Macfarland, 390 JOURNAL OF THE CONVENTION. Messrs. Angus R. Blakey^ George Blow, Jr. James Boisseau, Peter B. Borst, Wood Bouldin, William W. Boyd, William G. Brawner, George W. Brent, James V. Brooke, Benj. W. Byrne, Frederick M. Cabell, John A. Campbell, Allen T. Caperton, John A. Carter, Edward R. Chambers, John R. Chambliss, C. B. Conrad, Robert Y. Conrad, James II. Cox, John Critcher, Harvey Dcskins, James B. Dorman, William H. Dulany, Miers W. Fisher, Thomas S. Flournoy, Samuel M. Garland, H. L. Gillespie, Peyton Gravely, Addison Hall, L. S. Hall, John N. Hendren, James P. Holcombe, J. G. Holladay, George W. Hull, Messrs. J. W. Marshall, James Marshall, John L. Marye, Sr. Thomas Maslin, Horatio G. Moffett, Edmund T. Morris, Samuel McD. Moore, William J. Neblett, Hugh M. Nelson, I/ogan Osburn, AVilliam Ballard Preston, Samuel Price, David Pngh, George VY. Randolph, Thomas J. Randolph, Peter Saunders, Sr. John T. Seawell, John D. Sharp, Thomas Sitlington, Charles P.. Slaughter, John M. Speed, Samuel G. Staples, Alex. K. H. Stuart. George P. Tayloe, John T. Thornton, William M. Tredway, Robert H. Turner, Franklin P. Turner, John Tyler, Edward Waller, William White, Robert H. Whitfield, Benj. F. Wysor— 81. The names of those who voted in the negative are — Messrs, Manilius Chapman, Samuel A. Cotfman, Raphael M. Conn, William P. Cooper, C. J. B. Cresap, W. H. B. Custis, Napoleon B. French, Colbert C. Fugate, Samuel L. Graham, Robert E. Grant, Messrs. Edward D. McGuire, J. T.Martin, Henry H. Masters, Fleming B. Miller, Stephen A. Morgan, William C. Parks, Joseph H. Pendleton, Timothy Rives, John A. Robinson, James W. Sheffey, JOURNAL OF THE CONYENTIOlf, 891 Messrs. Alpheus F. Haymond, Messrs, Burwell Spurlock, J. M. Heck, Samuel Woods— 25. Robert 0. Kent, The 6th section was then read and passed by without objec" tion. The Secretary then proceeded to read the 7th section. Mr. Stuart moved to amend the section, by inserting after the word '^thereof," in the third line, the following: *'in such manner as may be prescribed by law." The question being put, was decided in the affirmative. The section, as amended, was then adopted. The Secretary then proceeded to read the 8th section. Mr. Carter moved to amend the section, by striking out all after the word ''by" in the second line, down to the word ''except," in the third line, and inserting the following: ''three justices of the peace." The question being put, was decided in the affirmative. The section, as amended, was then adopted. The Secretary then proceeded to read the 8th section. Mr. Bi.AKEY moved to amend the section, by striking out all from the beginning down to " the," in the sixth line and insert- ing the amendment indicated by him, on the 25th instant. Mr. Brooke moved to amend the amendment, by striking out the word "thereof," in the third line, and inserting the words " in the county." Mr. Caprrton demanded the previous question, which was sustained. The main question being upon the amendment submitted by Mr. Brooke, was put, and decided in tlie negative. Mr. Chambliss moved to amend the original section, by filling the blank with the word "eight." Mr. PuGH moved to amend the amendment, by filling the blank with the word "twelve." The question was put upon the amendment substituted by Mr. PuGH, and decided in the affirmative. The question tiien recurred upon the amendment submitted by Mr. Blakey. Mr. Caperton demanded the previous question, which was sustained. Mr. Price demanded a division of the question, and it was put upon striking out, and decided in the negative — yeas 26; nays 83. On motion of Mr. Cowan, the vote was recorded as follows: The names of those who voted in the affirmative are — Messrs. R.Ij. Montague (Presi) Messrs. Marmaduke Johnson, James Barbour, ). T. Martin, 392 JOUENAL OF THE CONVENTIOlsr. Messrs. Angus R. Blakey, Wood Bouldin, Thomas Branch, Benjamin W, Byrne, Frederick M. Cabell, Edward R. Chambers, Miers W. Fisher, Thomas S. Flournoy, Samuel L. Graham, John Goode, Jr. Addison Hall, Messrs. Horatio G. MofFett, Edmund T. Morris, Samuel McD. Moore, Hugh M. Nelson, George W. Randolph, John T. Seawell, Charles R. Slaughter, John M. Speed, ■William M. Tredway, John Tyler, Benj. F. Wysor— 26. The names of those who voted in the negative are- Messrs. William M. Ambler, Messrs. Edw'd M. Armstrong, William B. Aston, George Baylor, George W. Berlin, George Blow, Jr. James Boisseau, Peter B. Borst, William W. Boyd, William G. Brawner, George W. Brent, James V. Brooke, John A. Campbell, Allen T. Caperton, John A. Carter, William P. Cecil, John R. Chambliss, Manilius Chapman, Raphael M. Conn, C. B. Conrad, Robert Y. Conrad, Robert E. Cowan, James H. Cox, C. J. P. Cresap, John Critcher, W.H. B. Custis, Harvey Deskins, James B. Dorman, William H. Dulany, William W. Forbes, Napoleon B. French, Colbert C. Fugate, Samuel M. Garland, James P. Holcombe, J, G. Holladay, George W. Hull, Lewis D, Isbell, John Janney, Robert C. Kent, John R. Kilby, John J. Kindred, Edward D. McGuire, Paul McNeil, Charles K. Mallory, J. W. Marshall, James Marshall, John L. Marye, Sr. Thomas Maslin, Henry H. Masters, Fleming B. Miller, Stephen A, Morgan, William J. Neblett, Logan Osburn, William C. Parks, Joseph H. Pendleton, William Ballard Preston, Samuel Price, David Pugh, Thomas J. Randolph, John A. Robinson, Peter Saunders, Sr. John D. Sharp, James W. Sheffey, Thomas Sitlington, Samuel G. Staples, Alex. H. H. Stuart, JOUENAL OF THE CONVENTION. 393 Messrs. Muscoe R. H. Garnett, Messrs. George P. Tayloe, Robert E. Grant, John T. Thornton, Peyton Gravely, Franklin P. Turner, Algernon S. Gray, Edward Waller, L. S. Hall, William White, Lewis E. Harvie, Robert H. Vv hitfield, Alphens F. Ilaymond, Samuel Woods, John N. Hendren, John B. Young — S3. J. M. Heck, Mr. TuHNKR, of Jackson and Roane, moved to furtlier amend the section, by striking out all from the beginning down to "The," in the sixth line, and inserting the following: "At the expiration of the term of service of the justices now in commission, four justices of (he peace for each district shall he chosen hy tiie qualihed voters thereof, in the mode prescribed by law, who shall be commissioned by the Go- vernor, reside in their respective districts, and hold their offices dnrin;:; good be- havior. Wliencver hereafter a vacancy shall occur in the office of justice of the peace in any district, or an increase in the number of justices for any county may be authorized by law, such vacancy may be filled and such increase made by the appointment of the Governor, upon the recommendation of the county, court, — the justices thereof having been previously summoned for that purpose, and a majority being actually present and voting upon such recommendation." Mr. Whitfield demanded the previous question, which was sustained. Mr. Preston demanded a division of the question, and it was put upon striking out, and decided in the negative. Mr. Price moved to further amend the section, and sub- mitted the amendment indicated by him on the 16th instant. The question being put, was decided in the afTirinative. The blanks in the amendment were then filled, so as to read as follows: "After 'years' in tlie 6th line, insert, "at the first court after the election and qualification of the justices under this Constitution, or as soon thereafter as may be, they shall be divided into four classes; each class to consist of one justice from each district to be numbered by lot. The term of service of the first class shall expire at the end of three years; of the second class at the expiration of six years; of the third class at the expiration of nine years; and of the fuurtb class at the expiration of twelve years; and thus alternation shall be continued, so that one-fourth of the justices may be chosen every twelfth year." Mr. Havmond moved to further amend the section, by stiik- ing out all after the word ''years," in the sixth line, down to the word "whose," in the eighth line, and inserting the follow- ing: "The presiding justices of the county courts shall be elected by the voters of the respective counties, and their salaries shall be (iXcd by the General Assem- bly and paid out of Uie county levy, and the term of their oflice shall be years." The question being put, was decided in the negative. 394 JOURNAL OF THE CONVENTION. Mr. Speed moved to further amend the section, by adding to he amendment submitted by Mr. Price, the following: " Vacancies occurring in the office of justice after the first election, shall be filled by the justices of the county, having been first assembled for the purpose, and a majority of those present shall be necessary to make an election. Mr. Price moved to amend the amendment, by addin.? there- to the following: " the tcnn of the justice so elected shall ex- pire at the end of the term for which his predecessor was elected." The (jucstion being put, was decided in the aflirniative. The amendment submitted by Mr. Speed, was then adopted. Mr. Randolph, of Albemarle, moved to further amend the section by adding thereto the following: " That at their June court tho magistrates of "ach county shall elect mem- bers of their own body, to constitute a police court for the ensuing twelve months, who shall be specially charged with tlie superintendence of roads, bridges and all subjects involving the appropriation and expenditure from the county treasury. Any act of this body may he revised, amended or rejected by the regular court — the parties being personally summoned for the purpose." Tlie qupstion l)cing put, was decided in the negative. Mr. PiacE moveiJ to further amend the secrion, by inserting after the word '< shall," in the sixth UnO) the words "every liiird year." Mr. Harvie moved to amend the amendment, by inserting *' twelve," in lieu of 'Uhree." Negatived. Mr. Cecil moved to amend the amendment, by inserting "six," in lien of "three." Negatived. The amendment submitted by Mr. Price was then rejected. Mr. Mokfett moved to further amend the .section, by insert- ing after the word "county," in the eighth line, the following: " who shall hold iiis office during the term f)r which he was elected a justice." The (luestion being put, was decided in the negative. Mr. Young moved to further amend the amendment by add- ing to the section the following : " But no election of jiistices shall beheld within thirty days of the lime of hold- ing any election of electors of President and Vice President of the Confederate States, or members of Congress, or of the General Assembly." Mr. Maslin moved to amend the amendment by striking out all after the words, " Confederate States." Negatived. The question then recurred upon the amendment submitted by Mr. Young. Mr. Whitfield demanded the previous question, which was sustained. The main question being upon the amendment submitted by Mr. Young, was put, and decided in the negative. JOURNAL OF THE CONVENTION. 385 Mr. Berlin moved to further amend the section, by way of substitute, by striking out the whole, and inserting the following: " Each county shall be laid off into districts, as nearly equal as may be in ter- ritory and population, for each of which, two justices ol tiic peace shall be elect- ed by the county court, who shall be commissioned, by the Governor, reside in their respective districts, and shall hold their offices during; good behavior. But all ihe justices of the counfy shall be summoned, and a majority shall be present lo hold such election, and all vacancies shall he filled in like manner; the justices now in office to remain in office until their several terms shall expire. But at least one half of the justices so elected at the first election to be held by the coun- ty courts, under this constitution, shall not be taken from the justices now in of- fice. The justices of each county shall select one of their own body lo be the presiding justice of the county court of their county, whose duty it shall be to at- tend each term of the said court. The other justices shall be classified by law for the performance of their duty in court." The question being put, was decided in the negative. Mr, Flouknoy nijjved to further amend the section, by striking out that part embracing Mr. Speed's amendment, asamended by Mr. Price, and inserting the following: •'After the first general election of justices, all vacancies occurring in the of- fice of justice in any county, whether by expiration of the term of office, death, removal from office or otherwise, shall be filled by the justices of such county — all the acting justices of the county having been first summoned for the purpose, and a majority of the whole number being actually present." Pending which, on motion of Mr. Branch, the Convention adjourned. ifOURJfAL OF THE CONVEIfTIO^. 373 Monday, November 2oj ] 861 . ^he Convention assembled at 10 o'clock, A. M. Prayer by the Rev. Dr. Burrows, of the Baptist Church. Mr. Haymond, from the Committee of Elections, presented a teport " in relation to vacancies in the General Assembly of Vir- ginia," which was laid upon the table and ordered to be printed* Mr. Mallory, of Elizabeth City, moved to take up a resolu- tion submitted by Mr. Morris, on the 22d inst. The question being put, was decided in the affirmative. The resolution after being amended, so as to read as follows j was adopted: Resolved, That a committee of five be appointed by the President to inqure into the loyalty of Judge Edward P. Pitts to the State of Virginia and the Confed- erate States, and that such committee have power to send for papers. The President announced the following members on said committee: Messrs. Morris, Mallory, of Elizabeth City, Custis, Slaughter and Turner, of Warran. Mr. Stuart moved to take up an ordinance " Relative to the promotion and election of company officers of volunteers in ac- tual service;" — laid upon the table 29th June last — and the ques- tion being put, it appeared that no quorum was present. On motion of Mr. Fisher, a call of the House was ordered to ascertain if a quorum was present. The roll was then called, and the following members responded to their names: Messrs. R. h. Montague ( Prcst ) Messrs. Lewis D. Isbell, William M. Ambler, John Janney, Edward M. Armstrong^ Marmaduke Johnson, William B. Aston, Robert C. Kent, .Tames Barbour, John J. Kindred, George W. Berlin, Edward D. McGuire, Angus R. Blakey, Paul McNeil, Wood Bouldin, Charles K. Mallory, William W. Boyd, James B. Mallory, William G. Brawner, Jacob W. Marshall^ George W. Brent, James Marshall, Benj. W. Byrne, Jefierson T. Martin, Frederick M. Cabell, Thomas Maslin, John R. Chambliss, Horatio G. Moffett, Samuel A. Coffman, Edmund T. Morris, Raphael M. Conn, Stephen A. Morgan, C. B. Conrad, Samuel McD. Moore, Robert E. Cowan, William J. Neblett, 374 JOURNAL OF THE COITrENTIOK. Messrs. Logan Osburri^ William C. Parks, Joseph H. Pendleton, Samuel Price, David Pugh, James W. ShefFey, Thomas Sitlington, Charles R. Slaughter, John M. Speed, Burwell Spurlock, Samuel G. Staples, Alex. H. H. Stuart, William T. Sutherlin, George P. Tayloe, William M. Tredway, Robert H. Turner, Franklin P. Turner, John Tyler, Edward Waller, Robert H. Whitfield, Samuel Woods, Benj. F. Wysor. Messrs. William P. Cooper, James H. Cox, C. J. P. Cresap, W. H. B. Custis, Harvey Deskins, James B. Dorman, William H. Dulany, Miers W. Fisher, William W. Forbes, Napoleon B. French, Colbert C. Fugate, Samuel M. Garland, H. L. Gillespie, Peyton Gravely, Addison Hall, Cyrus Hall, L. S. Hall, Alpheus F. Haymond, John N. Hendren, Jonathan M. Heck, James P. Holcombe, J.G. Holladay, George W. Hull, A quorum being present, On motion of Mr. Mallory, of Brunswick, all further pro- ceedings under the call were dispensed with. The President presented a communication from the Execu- tive of the Commonwealth, " in relation to the transfer of pro- perty to the Confederate States," which was ordered to be re- ferred to the Committee ^*on Foreign Relations." Mr. Moore, from the Committee " to provide against the sacrifice of property," presented an ordinance *^to provide against the sacrifice of property, and to repeal an ordinance passed on the 30th day of April last," entitled an ordinance, to prevent the sacrifice of property, and suspend proceedings in certain cases, which was laid upon the table and ordered to be printed. Mr. DoRMAN presented "an ordinance for the effectual defence of the State," which was laid upon the table and ordered to be printed . On motion of Mr. Blakey, the following resolution was adopted : Resolved, That the Governor of this Commonwealth is requested to communi- cate to this Convention in secret or open session, as to him may seem proper, any correspondence which has been held between the authorities of Virginia and of the Confederate States, in regard to muskets or other arms belonging to this t State, which have been collected and are held bj the Confederate Government. JOURNAL OF THE CONVENTION.'* 375 Mr. Blakey indicated that at the proper time he would submit the followmg amendment to the report of the Committee on ♦^Amendments to the Constitution," which, on his motion, was laid upon the table and ordered to be printed: 9. Each county shall be laid off into districts, as nearly equal as may be in ter- ntory and populat.on. In each district four justices of the peace shalf be cfosen bj the qualified voters thereof, who shall be commissioned by the Governor re- side in the.r respective districts, and hold their offices during good behav'ior. Those who may be in office on the day of 1862 fhall remain iri fill "a tt '''^'?''°" '^//^'^ ^^™^' '° '' -^'^^rt.lne^ by lit'a^ hereTn'pro" vided. At the term of the county court of each county, or as soon there- fu u'ces' ZL'' f' f fht.1"^*":^/ having been first summoned for thatpurpose fhe on. i,l.ii ? ' ^^^l be divided into four classes, each class to be composed of one justice from each district, to be numbered by lot. The term of service of the f««l rV'l? l^'^P''" ^^ ^l"^ *^"^ °^ y^^^'' ^'om the day of thpi'nH .f "''"'"'^ ""i^'u ^^ V^V"^ °^ y««'"«' t''at of the third class at the end of years, and that of the fourth class at the end of years On motion of Mr. Conrad, of Frederick, the President was dn-ected to fill vacancies existing in the Committee on Foreign Kelations. ° The President announced the following members on said committee: xMessrs. Stuart, Bouldin, Martin, Speed, Seawell. Holcombe, Pendleton, of Ohio, and Chambliss. The hour having arrived for the execution of the order of the day, the consideration of the report of the " Committee on Amendments to the Constitution" was resumed. The Secretarv proceeded to read the report, the unfinished business being the 2d section of Article V. Mr. Moffett moved to amend the section by striking out all alter the word " elected" in the 11th line down to '' contested " in the 14th line and insert the foUowings '' if such number be a majority of the whole number of votes cast. And if no person have such majority, then from the persons having the highest number of votes, not exceeding three, the General Assembly shall be a joint vote of the two houses elect the Governor." Mr. Barbour demanded the previous question, which was sustained. Mr. Martin demanded a division of the question, and it was put, upon striking out, and decided in the affirmative— veas 76- nays 21. . "^ ' On motion of Mr. Haymond, the vote was recorded as follows; The names of those who voted in the affirmative are — Messrs. R. L. Montague ('Pres^; Messrs. George W. Hull, William M. Ambler, Lewis D. Lsbell, Edw'd M. Armstrong, John Janney, William B. Aston, John J. Kindred, James Barbour, Paul McNeil, George Baylor, William H. Macfarland, 376 JOURNAL OF THE CONVENTION. Messrs. Angus R. Blakey, George Blow, Jr. Wood Bouldin, William W. Boyd, William G. Brawner, Benjamin W. Byrne, Frederick M. Cabell, John A. Campbell, Allen T. Caperton, John A. Carter, John R. Chambliss, Manilius Chapman, Samuel A. Coffman, Robert Y. Conrad, James H. Cox, W. H. B. Custis, Harvey Deskins, James B. Dorman, William H. Dulany, Miers W. Fisher, William W. Forbes, Napoleon B. French, Colbert C. Fugate, Samuel M. Garland, H. L. Gillespie, Peyton Gravely, Algernon S. Gray, John Goode, Jr. Addison Hall, L. S. Hall, John N. Hendren, James P. Holcombe, Messrs. Charles K. Mallory, James B. Mallory, J. W. Marshall, James Marshall, Thomas Maslin, Fleming B. Miller, Horatio G. Moffett, Edmund T. Morris, Samuel McD. Moore, William J. Neblett, Hugh M. Nelson, Logan Osburn, William C. Parks, Joseph H. Pendleton, William Ballard Preston, Samuel Price, David Pugh, George W. Randolph, Peter Saunders, Sr. James W. Sheffey. Thomas Sitlinglon, Charles R. Slaughter, John M. Speed, Samuel G. Staples, Alex. H. H. Stuart, George P. Tayloe, William M. Tredway, Robert H. Turner, John Tyler, Robert H. Whitfield, Benj. F. Wysor John B. Young — 76. The names of those who voted in the negative are — Messrs. George W. Berlin, George W. Brent, William P. Cecil, Raphael M. Conn, C. B. Conrad, Robert E. Cowan, C. J. P. Cresap, Samuel L. Graham, Cyrus Hall, Alphens F. Haymond, J. M. Heck, Messrs. J. G. HoUaday, Robert C. Kent, Edward D. McGuire, J. T. Martin, Henry H. Masters, Stephen A. Morgan, Timothy Rives, Burwell Spurlock, Franklin P. Turner. Samuel Woods — 21, JOURNAL OF THE CONVENTION. 377 The question then recurred upon filling the amendment, sub- mitted by Mr. Moffett. The question being put, was decided in the affirmative. The section, as amended, was then adopted, Mr. Stuart moved to amend the third section, by inserting after the word "of," in the second Hue, tlie words " one of." The question being put, was decided in the affirmative. The succeeding sections of Art. Y. were then read, and passed by. The first section of Art. VI. was then read. Mr. Wysor moved to strike out the whole of the first section, and nisert the following- "The judicial power siiall be vested in one Supreme Court of Appeals, in such superior courts as the General Assembly may, from time to time, ordain and es- tablish, and m justices of the peace," Pending which, on motion of Mr. Kent, the Convention ad- journed. JOURNAL OF THE CONVENTION. 379 Tuesday, November 26, 1861. The Convention assembled at 10 o'clock, A. M. Prayer by tlie Rev. Dr. Barrows, of the Baptist Church. On motion of Mr. Randolph, of the city of Richmond, the following resolution was adopted: Jiesolvc(f, Thot the furlher calling of the Committees be dispensed with, and that from and after to-day, the ordinance for the reorganization of the militia be made the order of the day during tiic morning hour, until the consid- eration thereof shall be completed. Mr. Chambliss asked to be excused from serving on the com- mittee on "Foreign Relations," and the President announced Mr. Kindred in his stead. Mr. Barbour presented the fallowing letter from General T. 8. Haymond, which was read and ordered to be entered upon the journal: Richmond, Va., Nov. 26, 1861. James Barbour, Esq., Virginin Conrenfinn: Dear Sir: — Mr. Dorman, of Rockbridge, a member of your body, on yester- day, in discussion, misrejiresented me, (unintentionally, no doubt.) The Gover- nor and Council never advised that troops should be sent to North-western Vir- ginia, while I was a member of the Advisory Council, as represented by Mr. Dorman. Immediately after I learned that the ordinance of secession had passed, I sent Major William P. Thom]ison, of the county of Marion, to ttie seat of government, with a requisition for arms, and authority to call out the militia in Norlh-West Virginia, with a view of taking possession of the two rail roads, the one terminating at Parkersburg and the other at the city of Vv'heelirig, to pre- vent their use by the enemy in case of invasion, with a determination to destroy these roads at points near the Ohio and in the mountains, if necessary, for our defence and protection. For some cause the arms were refused. It may he that the Governor advised with the Council — of this I am not informed. At that time three-fourths of tiie people of Marion County were in favor of the ordinance of secession, and if we had been furnished with arms, and authority to call out the the militia, so that our people could have been assured of the aid and protection of tlie government, 1 have no hesitation in saying, that a large majority of tiie people of North-West Virginia v.'ould have voted for the ordinance of secession, and would be uow in arms in defence of the State. Those rail roads atlbrded rapid facilities for the transportation of troops. The State of Ohio had her troops at the termini of those rail roads, on the Ohio side of the river, ready to march into Virginia immediately after the ratification of tlie ordinance of seces- sion. This was made known to our people. Many were induced to vote against the ordinance, with a hope that they would not be interrupted by the expected invaders. Otliers did not go to the polls. Our people felt paralized. They had no arms of any consideration to protect themselves. In conclusion, let me say, the Governor and every member of the Council knows, that so far as I am con- cerned, 1 urged the occupation of North-West Virginia with an armed force, suf- licient to protect that section from invasion, and I have no doubt now, that if we liad been furnished willi arms and authority to call out the militia at once, we should now be in the possession of the most of that section of the State, and liave now the support of a great majority of the people. As the action of your body will present a history of the times for my protection, I hope you will ask that this letter may be recorded upon your journal. Your friend, T. S. HAYMOND. Mr. SuTHELiN indicated that at the proper time he would sub- mit the following amendment to the 24th section, Article IV., 1 380 JOURNAL OF THE COKTENTIOTT. which, on his motion, was laid upon the table and ordered to be printed: "Nor shall licenses for any mercantile or manufacturing business (unless the priviles^e of mariufacturing; or selling by retail , wine, ardent spirits, or a mixture thereof be included therein) be taxed at a higher rate than the capital employed in such business would otherwise be taxed." Mr. Gray indicated that at the proper time he would submit the following aniendment to the 24th Section, Article IV, which, on his motion, was laid upon the table and ordered to be printed: ••But it shall not be lawful to require a license for the sale or use of any pro- perty, the value of which can be ascertained and assessed under the provisions of the 2:2J clause of this Constitution." The President presented two communications from the Ex- ecutive of the Commonwealth, in response to a resolution adopted on the 23d instant, in relation " to the officers of the artny and navy of the United States from Virginia, who have resigned their commissions in the United States service and returned to their native State," which were ordered to be referred to the "Committee on Foreign Relations. The hour having arrived lor the execution of the order of the day, the consideration of the report of the ''Committee on Amendments to the Constitution," was resumed. The unfin- ished business being the substitute for the ist Section of Article YI, submitted by Mr. "Wysor on yesterday. Mr. lloLCOAiBE moved to further amend the 1st section, by striking out in the second line the words "in the Circuit Courts," and inserting the words "in such superior Courts as the General Assembly may from time to tinie ordain and estab- lish," and to add to the 1st section, the following: •'No law abolishing any court shall be construed to deprive a Judge thereof of }iis oftice unless enacted by the concurrent vote of a majority of the members elected of both houses of the General Assembly, and the Legislature may assign otiier judicial duties to the Judges of the courts abolished by a similar concur- rent vote." Which was accepted by Mr. Wysor. Mr. CoNKAD, of Frederick, moved to amend the amendment, by way of substitute, by striking out in the 2d line the words "in the Circuit Court," and inserting the words, "such spe- cial and other intermediate courts, as may be hereafter es- tablished by the Legislature, under this Constitution," and to add to the section the following: " And may also establish District Courts of Chancery, to be held by Chancel- lors, to be appointed in the same manner and with like tenure of office as the Circuit Court Judges, not to exceed six in number." ]\Ir. Preston demanded the previous question, which was sustained. Mr. Martin demanded a division of the question, and it was put upon the first branch of the substitute submitted by JMr. Conrad, and decided in the negative. JOURNAL OF THE CONVENTION, 381 The question was then put upon the second branch of the substitute submitted by Mr. Conrad, and decided in the nega- tive. The question recurred upon the amendment submitted by Mr. HOLCOMBE. Mr. Pendletox, of Ohio, demanded a division of the ques- tion, and it was put upon the first branch of the amendment submitted by Mr. Holcumbe, and decided in the negative. The second branch of the amendment Avas then withdrawn. Mr, Hall, of Wetzel, moved to further amend the section by striking out all, beginning Avith the word "the" in the fifth hue, to the end of the section. The question being put was decided in the negative. Mr. CiiAMBLiss moved to further amend the section by insert- ing after the word "thereof," in the 10th line, the words, "or upon which the Courts may be equally divided in opinion on a hearing." The question being put, was decided in the negative. Mr. ^Stuart moved to further amend the section by inserting after the word ".ludges," in the 7th line, the words "formed of the Judges of the Supreme Court of Appeals, and of the Cir- cuit Courts, or any of them." The question being put, was decided in the affirmative. Mr. Woods moved to further amend the section by inserting after the word "cases," in the eleventh line, the word " now." The question being put, was decided in the negative. Mr. Pendleton, of Ohio, moved further to amend the section by striking out the word "the," hi the second line. The qnestion being put, was decided in the negative. The section as amended was then adopted. The Secretary then proceeded to read the 2d section. Mr. Price moved to fill the blank with "two hundred dol- lars." Mr. Haymond moved to fill the blank with "one hundred dollars." Mr. Stuart moved to fill the blank with " three hundred dollars." The question being put, upon the amendment submitted by Mr. Stuart, was decided in the allirmative. The section after being verbally amended, was then adopted. The 3d section was then read, and passed by without objec- tion. The Secretary then proceeded to read the 4th section. Mr. Blakey moved to amend the section by inserting after the word "into" in the first line the words "not less than" — and to add to the section the following: " But the number of circuits shall not be increased, except by a concurrent vote of a majority of the members elected to both Houses of the General Assem- bly." 382 JOURNAL OP THE CONVENTION. The question being put, was decided in the affirmative. The section as amended was then adopted. Mr. Stuart moved to strike out the rest of the 4th section. The question being put, was decided in the affirmative. The Secretary then proceeded to read tlie 5th section. Mr. Raymond moved to amend the section by inserting after the word '^and" in the second line, the following: ^'the Judges of the Supreme Court of Appeals shall be appointed for the term of twelve years, and the Judges of the Circuit Courts shall be appointed for tlie term of eight years." The question being put, was decided in the negative. Mr, Price moved to amend the section by inserting after the word ^^be" in the second line the M^ords "appointed by joint vote of the two Houses of the General Assembly and," Mr. Tredway moved to amend the amendment, by way of substitute, by inserting after the word *'be," in the first line, the words ^<^ appointed by the Senate of Virginia." The question being put, was decided in the negative — yeas 4; nays 93. On motion of Mr. Woods, the vote was recorded as follows: The names of those who voted in the affirmative are — Messrs. Edw'd M. Armstrong, Messrs. Wm. G. Brawner, Thomas Branch, Wm. M. Tredway — 4. The names of those who voted in the negative are — Messrs. R.L. Montague ('Pres^j Messrs. George W. Hull, William M. Ambler, Lewis D. Isbell, William B. Aston, John Janney, James Barbour, Marmaduke Johnson, George Baylor, Robert C. Kent, George W. Berlin, John R. Kilby, Angus R. Blakey, John J. Kindred, George Blow, Jr. Edw'd D. McGuire, Wood Bouldin, Paul McNeil, William VV. Boyd, Charles K. Mallory, George W. Brent, J. VV. Marshall, Benjamin AV. Byrne, James Marshall, Frederick M. Cabell, J. T. Martin, John A. Campbell, John L. Marye, Sr. Allen T. Caperton, Thomas Maslin, John A. Carter, Fleming B. Miller, William P. Cecil, Horatio G. Moffett, Edw'd R. Chambers, Edmund T. Morris, John R. Chambliss, Stephen A. Morgan, Manilius Chapman, Samuel McD. Moore, Samuel A. Coffinan, William J. Neblett, Raphael M. Conn, Logan Osburn, C. B. Conrad, William C. Parks, JOURNAL OF THE CONVENTIOIT. 388 Messrs. Joseph H. Pendleton, Wm. Ballard Preston, Samuel Price, David Pugh, George W. Randolph, Thomas J. Randolph, Timothy Rives, Peter Saunders, Sr. James W. Shefiey, Thomas Sitlington, Chas. R. Slaughter, John M, Speed, Burwell Spurlock, Samuel G. Staples, Alex. H. H. Stuart, George P. Tayloe, John T. Thornton, Robert H. Turner, Edward Waller, Robert H. Whitfield, Samuel Woods, Benjamin F. Wysor, John B. Young— 93. Messrs. Rob't Y. Conrad, Robert E, Cowan, James H. Cox, C. J. P. Cresap, AV. H. B. Custis, Harvey Deskins, James B. Dorman, William H. Dulany, Miers W. Fisher, Thos. S. Flournoy, Colbert C. Fugate, Samuel M. Garland, H. L. Gillespie, Samuel L. Graham, Peyton Gravely, John Goode, Jr. Addison Hall, Cyrus Hall, L. S. Hall, Alpheus F. Haymond, John N. Hendren, J. M. Heck, Jas. P. Hoi combe, J. G. HoUaday, The question recurred upon the amendment submitted by Mr. Price, and being put, the amendment was adopted. Mr. DoRMAN moved to further amend the section, by striking out in the iirst and second lines the words ''of the Circuit Courts." The question being put, was decided in the negative. Mr. Kent moved to further amend the section, by striking out all from the beginning down to "and," in the fifth line, and inserting the following: " Tlie Juc]2:es of tlie Supreme Court of Appeals shall be elected by joint vote of the two houses of the General Assembly, and the Judges of the Circuit Courts shall be clecled by the voters of tlieir respective circuits. They shall hold their offices during good behavior, or until they arrive at the age of years, or until removed in the manner prescribed in this Constitution" Mr. SiiEFFEY moved to amend the amendment by way of sub- stitute, by striking out the whole section, and inserting the folio wmg: " The Judges of the Court of Appeals shall be elected by a joint vote of the two houses of the General Assembly, and shall hold their oflices for fifteen years or until removed in the manner prescribed in this Constitution. The Judges of the Circuit Courts shall bo elected by the people of their respective circuits, and shall hold their offices for twelve years, or until removed in the manner herein provided, and said Judges of the Supreme Circuit Courts shall, at the same time, hold no other olfice, appointment, or public trust, aud the acceptance thereof by either of thera shall vacate his office." 384 JOUENAL OF THE COJTYEI^TIOIT. Mr. Tayloe demanded the previous question, which was sustained. The main question being upon the adoption of the substitute submitted by Mr, Sheffey, was put and decided in the nega- tive — yeas 7; nays 8. On motion ol Mr, Pendleton, of Ohio, tli.e vote was recorded as follows; The names of those who voted in the affirmative are — Messrs. Samuel A. Coifman, Raphael M. Conn, C. J. P. Cresap, W. H. B. Custis, Messrs. Cyrus Hall, Fleming B. Miller, James W. Sheifey, Samuel Woods — 8. The names of those who voted in the negative are — Messrs. R. L. Montague (Prest) Messrs. William M. Ambler, Edw'd M. Armstrong, William A. Aston, .Tames Barbour, George Baylor, George VV. Berlin, Angus R. Blakey, George Blow, Jr. Wood Boiildin, William W. Boyd, Thomas Branch, WiUiam G. Brawner, George W. Brent, Benjamin W. Bjn-ne, Frederick A. Cabell, John A. Campbell, Allen T. Caperton, John A. Carter, William P. Cecil, Edward R. Chambers, John R Chambliss, Manilius Chapman, C. B. Conrad, Robert Y. Conrad, James H. Cox, Harvey Deskins, James B. Dorman, William H, Dulany, Miers W. Fisher, Thomas S. Flournoy, Colbert C. Fugate, Samuel M. Garland, J. G. HoUaday, George W. Hull, Lewis D. Isbell, John Janney, Marmaduke Johnson, Robert C. Kent, John R. Kilby, John J. Kindred, Edward D. McGuire, Paul McNeil, Charles K. Mallory, J. W. Marshall, James Marshall, John L. Marye, Sr. Thomas MasUn, Henry H. Masters, Horatio G. Motfett, Edmund T. Morris, Stephen A. Morgan, Samuel McD, Moore, William J. Neblett, Logan Osburn, Joseph H. Pendleton, Wm. Ballard Preston, Samuel Price, David Pugh, George W. Randolph, Thomas J. Randolph, Peter Saunders, Sr. Thomas Sitlington, Charles R. Slaughter, John M. Speed, Samuel G. Staples, JOURNAL OF THE CONVENTION". 385 Messrs. H. L. Gillespie Messrs. Alex. II. H. Stuart, Samuel L. Graham, George P. Tayloe, ^'^nonGravdy, John^T. Thon,ton, Addison Hall, Robert II. Turner, ^' Alphens h Haymond, William Whito, John J^ Hendren, Robert H. Whitfield, T.;. n^'iV, , Benj'n F. Wysor, James P. Ilolcombe, John B. Young-86. The question recurred upon the amendment submitted by Mr is. RNT. ^ ' suftlined.'''^'' demanded the previous question, which was Mr. Prick demanded a division of the question, and it was put upon stnkuig out, and decided in the negative-yeas 19- nays < u. •^ j > On motion of Mr. Goode, the vote was recorded as follows: The names of those who voted in the affirmative are- Messrs. Samuel A. Coffman, Messrs. .Tohn R. Kilby, Raphael M. Conn, Pan! McNeil, O.J.P Cresap, j. W.Marshall, James B. Dorman, Fleming B. Miller, John Goode Jr. Stepheif A. Morgan, Alpheus f . Haymond, James VV. ShellSy , •i-r'^'t'\ John T. Thornton, J. G. Ho aJay Robert H. Whitfield, George W. Hull, Samuel Woods-19. Robert C, Kent, The names of tliose who voted in the negative are- Messrs.R^I Montague, (Prc.O Messrs. James P. Ilolcombe, ^ "'fy\f • ^'^»^'er, Leu'is D. Isbcll, w n '!; A^'i^strong, John Janney, VVilham B Aston, Marmadukc Johnson, James Barbour, John J. Kindred, roovf W^7'r ^'^''-''^^ D.McGuire, An °'t^^ n^T'^'"' Charles K. Mallory, ' Angus R Blal San.uel McI). Moo.e, l • '!' 11 • i^y^'"^^ ^Vilham J. Neblctt, Frederick M.Cabell, Logan Osburn, ' 386 JOURNAL OF THE CONVENTION". Messrs. John A. Campbell^ Allen T. Caperton, John A. Carter, William P. Cecil, Edward R. Chambers, John il. Chambhss, Manilhis Chapman, C. B. Conrad, Robert Y. Conrad, James H. Cox, ]larvey Desk ins, Miers W. Fisher, Thomas S. Flournoy, Colbert (y. Fiigate, •Samuel M. Garland, H. L. Gillespie, Samuel L, Graham, Peyton Gravely, L. S. Hall, John N. Hendren, Messrs. .Joseph H. Pendleton, Wm. Ballard Preston, Samuel Price, David Pugh, (iJeorge W. Randolpli, Thomas J Randolph, Peter Saunders, Sr. Tiiomas Siilington, Charles R. Slaughter, John M. Speed, Burwell Sptulock, Samuel G. Staples, Alex. H. H. Stuart, George P. Tayl'^e, William M. Tredway, Robert H. Turner, I'Idward Waller, William White, i^onj. F. VVysor, John B. Youns: — TO. Mr. SpEKD moved to further amend the section i)y striking out all after thn word '^behavior," in the third line, down to *' or," in the fourth line. The question being put, was decided in the negative. Mr. Raxoolph, of the city of Richmond, moved to further amend the section by striking out all after the word '' behavior," in the third line, down to "until," in the f)urth line, and in- sert "unless," instead of " until," and striking out all after ilie word " Constition," in the fifth line, and inserting the fol- lowing: " Xo Judge shall hold ollice after he is sev^enty years of age, unless reelected, or hold any other office, appointment or jMiblic trust, during his term of service, and the acceptance there- of shall vacate his judicial office." The question being put, was decided in the negative. The question then recurcd upon the adoption of the section as amended. • Pending which, on motion of Mr. Pendleton, of Ohio, the Convention adjourned. JOURNAL OF THlJ' COJ^-VENTION. 395 Friday, November 29, 1861. The Convention assembled at 10 o'clock, A. M. On motion of Mr. Blakey, the following resolution was adopted: » Resolved, That the paymaF.ter-ceneral of the Virsiinia fof8||,- report to this Convenfion whelher tliere are any officers belonging to the Virginia forces, con- nected with Ihe militia or volunteer service, receiving pny without active com- mands; and if so, the aggregate amount thereol per month. Prayer by the Rev. Mr. Bossermax, of the Universalist Church. Mr. Haymonp, from the '^Committee on Elections," presented a report in relation " to the loyalty of Sherrard Cleir.ens, from the county of Ohio; Caleb Boggcs, of the county of Lewis; and Beiij. Wilson, fr<-»m the county of Harrison," which was laid U])on the table and ordered to be printed. (Doc. No. XXXIX.) On motion of Mr. Coxrad, of Federick, the Committee *'on Foreign Relations," were excnsed from the further considera- tion of the several messages of the GDvernor referred to them, and were ordered to be referred to the Committee ''on Confed- erate Relations." On motion of Mr. Randolph, of the city of Richmond, the consideration of the "Ordinance, for the reorganization of the mihtia," was resumed. The pending question being upon the adoption of the amend- ment to the amendment to the 7th siction, submitted by Mr. Cn AMBUSS, on yestcrdny. Mr. Price demanded liie previous question, which was sus- tained. The main question being upon the adoption of the amend- ment subniiited by Mr. Chambliss, on yrsterday, was put, and decided in the negative — yeas 22; nays 77. On motion of Mr. Dokman tho vote was recorded as follows: The names of those who voted in the affirmative are — Messrs. William B. Aston, Messrs. Addison Hall, George Baylor, Geoige W. Hull, James Boisseau, Lewis D. Isbell, William W. Boyd, Jeflerson T. Martin, Manilius Chapman, Thomas Maslin, ►Samuel A. Cotfman, Henry H. Masters, C. B. Conrad, Logan Osburn, W. H. H. Custis, Timothy Rives, Miers W. Fisher, John A! Robinson, Samuel L. Graham, William C. Scott, Peyton Gravely, F. P. Turner— 22. I 396 JOURNAL OF THE CONVENTIOIT. The names of those who voted in the negative are — Messrs. R.L. Montague (P;'e5^) Messrs, Robert C. Kent, Edw'd M. Armstrong, George W, lierlin, Angus R. Blakcy, George Blow, Jr., , George VV. Brent, James V. Brooke, Benjamin W. Byrne, Frederick M. Cabell, John A. Campbell, Allen T. Caperton, John A. Carter, William P. Cecil, Edward R. Chambers, Robert Y. Conrad, Robert R. Cowan, William P. Cooper, James II. Cox, C. J. P. Cresap, John Critcher, Harvey Deskins, James B. Dorman, William II. Dulany, Thomas S. Flournoy, William W. P^M•bes, IVapoleon B. French, Colbert C. Fngate, Sanmel M. Garland, H. L. Gillespie, Robert E. Grant, Algernon S. Gray, Fendall Gregory, Jr. John Goode, Jr. L. S. Hall, Alphens F. Raymond, John N. Hendren, J. INI. Heck, J. G. Holladav, John R. Kilby, John J. Kindred, Edward 1). McGuire, Paul McNeil, J. W. Marshall, John L. Marye, Sr. Fleming B. Miller, Horatio G. Mollett, Edmund T. Morris, Stephen A. Morgan, Samuel McD. Moore, Hugh M. Nelson, William C. Parks, Wm. Ballard Preston, Samuel Price, David Pugh, (ieorge W.Randolph, Thomas J Randolph, Peter Saunders, Sr. Robert E. Scott, John D. Shaip, James W. ShelFey, Thomas Siilington, Charles R. Slaughter, John M. Speed, Burwell Spiirlock, Sam n el G. Staples, Alex. H. H. Smart, William T. Sutiierlin. George P. Tayloe, R'lbert II. Turner, John Tyler, Edward Waller, William White, Samuel Woods, Benj. F. Wysor, John B. Young — 77. Marmaduke Johnson, Mr. Randolph moved to amend the amendment, by striking out all after the word "Governor," in the twenty third line, down to ''appointments," in the tweniy-fifth line, and inserting the word "and all," and to add at the end of the amendment the following: •' Commandants of regiments and independent battalions shall recommend JOUKNAL OF THE CONVENTIOIT. 397 suitable persons to fill vacancies among crmpany officers in their respective regi- ments and battalions, which recommendation shall not be obligatory, but shall be communicated to the Senate by the Governor with his nomination to fill such vacancy. And all nominations to fill such vacancies and of general field officers shall lie on the table one week before being acted on." The question being put, was decided in the affirmative. Mr. GooDE moved to an)end the amendment, by striking out all beginning with ''before," in the 16th hue, down to "the company," in the 20th line, and inserting the following: "Vacancies in volunteers and militia companies occurring before and after they have been mustered into the service shall be filled as heretofore." Mr. Price demanded the previous question, which was sus- tained. The main question, being upon the adoption of the amend- ment submitted by Mr. Goode, was put, and decided in the af- firmative — yeas 88; nays 15. On motion of Mr. Forbes, the vote was recorded as follows: The names of those who voted in the affirmative are — Messrs. R. L.MontSLgue (Prest) Messrs. William M. Ambler, Edward M. Armstrong, William B. Aston, George Baylor, George W. Berlin, Angus R. Blakey, James Boisseau, Peter B. Borst, William VV. Boyd, James V. Brooke, Benjamin W. Byrne, Frederick M. Cabell, John A. Campbell, John A. Carter, William P. Cecil, Edw'd R. Chambers, Manilius Chapman, Samuel A. Coffman, Raphael M. Conn, C. B. Conrad, Robert E. Cowan, C. J. P. Cresnp, John Critcher, W. H. B. Ciistis, Harvey Deskins, William H. Dulany, Miers W. Fisher, William W. Forbes, John N. Hendren, Jonathan M. Heck, George W. Hull, Lewis D, Is bell, Marmaduke Johnson, Robert C. Kent, John R. Kilby, John J. Kindred, Paul McNeil, William H. Macfarland, J. VV. Marshall, J. T. Martin, John L. Marye, Sr. Thomas Maslin, Henry H. Masters, Fleming B. Miller, Horatio G. Moffett, Stephen A. Morgan, Samuel McD. Moore, Hugh M. Nelson, William C. Parks, Joseph H. Pendleton, David Pugh, John A. Robinson, Peter Saunders, Sr. Robert E. Scott, William C. Scott, John D. Sharp, James W. Sheffey, 398 JOURNAL OF THE CONVENTION. Messrs, Napoleon B. French, Messrs. Thomas Sitlington, Colbert C. Fnffate, Charles R. Slaughter, Samuel M. Garland, John M. Speed, H. L. Gillespie, Burwell Spurlock, Samuel L Graham, • Alex. H. H. Stuart, Robert E. Grant, William T. b'utherlin, • Peytoh Gravply, George P. Tayloe, Algernon S. Gray, John T. Thornton, Fendall Gregory, Jr. Robert H. Tnrner, John Gcode, Jr. P'ranklin P. Turner, Addison Hall, John Tyler, Cyrus Hall, Edward Waller, L. S. Hall, Samuel Woods, Lewis E. Harvie, Benj. P.. VVysor, Alphcns P\ Haymond, John B. Young — S8. The names of those who voted in the negative are — Messrs, George Blow, Jr. Messrs. Edmund T. Morris, George W. Brent, Win. Ballard Preston, Robert Y. Conrad, Samuel Price, William P. Cooper, George W. Randolph, James»B. Dorman, Thonas J. Randolph, Thomas S. Flouruoy, Saniuel G. Staples, J. G. Holladay, William White— 15. James Marshall, Mr. Stuart moved to further amend the amendment, by adding to it the following: " W.ien a vacancy shall occur among the commissioned officers of any volun- teer or militia company in actual service, the officers remaining shall be pro- imted according to their rank so as to leave the -vacancy in the lowest grade of the commissioned officers, and the vacancy thus left shall be filled by vote of the company as now provided by law. " Tiie certificate of any such election shall state the rank of the company offi- cers resulting from such promotion and election, in order that commissions may be issued." The question being put was decided in the negative — yeas, 13; noes, 86. On motion of Mr. Stuart, the vote was recorded as follows: The names of those who voted in the affirmative are — Messrs. Angus R. Blakey, Messrs. Wm. Ballard Preston, Allen T. Caperton, George W. Randolph, Robert Y. Conrad, John A. Robinson, C. J. R. Cresap, Alex. H. H. Stuart, J. G. Holladay, William White, James Marshall, Benj. F, Wysor — 12. JOURNAL OF THE COXYENTION. 399 The names of those who voted in the negative are — Messrs. R.h. Montague (Prest) Messrs. Wilh^m M. Ambler, Edw'd M. Armstrong, William B. Astern, Gei^rge Baylor, George W. Berlin, James Boisseau, Peter B. Borst, William \V. Boyd, Thomas Branch, George \V. Brent, James V. Brooke, Benjamin W. Byrne, Frederick M. Cabell, John A. Campbell, John A. Carter, Edward R. Chambers, Manilius Chapman, Samnel A. CofFman, Raphael M. Conn, C. B. Conrad, Robert E Cowan, William P. Cooper, James H. Cox, John Critcher, W. H. B. Custis, Harvey Deskins, William H. Dnlany, Miers W. Fisher, Thomas S. Flournoy, William W. Fdrbes," Samuel M. Garland, H. L. Gillespie, Robert E. Grant, Peyton Gravely, Fendall Gregory, Jr. John Gnode, Jr. Addison Hall, Cyrus Hall, L. S. Hall, Lewis E. Harvey, Alpheus F. Haymond, John N. Hendren, J. M. Heck, George W. Hull, Lewis D. Isbell, Marmaduke Johnson, Robert C. Kent, John R. Kilby, John J. Kindred, Edward I). McGuire, Paul McNeil, William H. Macfarland, J. W. Marshall, J. T. Martin, John L. Marye, Sr. Thomas Maslin, Fleming B. Miller, Horatio G. MofFett, Edmund T. Morris, Stephen A. Morgan, Samuel McD. Moore, Hugh M. Nelson, William C. Parks, Joseph H. Pendleton, Samuel Price, David Pugh, Thomas J. Randolph, Peter Sannders, Sr. Robert E. Scott, William C. Scott, James W. ShefTey, Thomas Sitlington, Charles R, Slaughter, John M. Speed, Burwell Spurlock, Samuel G. Staples, William P. Sutherlin, George P. Tayloe, John T. "^IMiointon, Robert H. Turner, Franklin P. Turner, John Tyler, Edward Waller, Samuel Woods, John B. Young— 86. ]Mr. Randolph moved to further amend the amendment, by 400 JOURNAL OF THE CONVENTION. striking out all after the word ''volunteers," in the 22d line, down to " appointments, " in the 25th line. The question being put was decided in the affirmative. Mr. Sheeffy moved to amend the amendment added to the section by Mr. Randolph, by adding alter the word " officer," in the second hne, the words, "of the militia." The question being put, was decided in the negative. The 8th section was then read and passed by without objec- tion Mr. Kindred moved to amend the 9th section by adding thereto the following: •' Provided, that not more than one-half of the volunteers now in service, be- tween the ages of twenty-one and thirty-one years, shall be required to perform duty as a portion of the active class, which half shall be made up first by those who voluntarily remain in the service, if sufficient, and the deficiency by lot. The remainder, sufficient to make up a number equal to those subject to mili- tary duty between the ages of twenty-one and thirty-one years, shall be made up by draft from those of the reserve and active classes who have not volunteered in this war." Mr. Blakey demanded the previous question, which was sus- tained. The main question being upon the adoption of the amend- ment, submitted by Mr. Kindred, was put, and decided in the negative. Mr. Randolph, of the city of Richmond, moved to amend the 10th section in the following manner: " Strikeout, in the 3d line, 'four,' and insert ' three, 'strike out '28, three,' in- insert ' 29, two.' ]n the 4th line strike out ' over 28, three,' insert ' 29, two.' In the 4th line strike out 'over 23, and under 3fJ, two years.' Add to the section: ' But if such volunteer be in service at the time of the passage of this ordinance, and shall serve continuously two years, no further service shall be required from him in the active class, and he shall be deemed in the reserve. If the term of service due from a member of the active class be not rendered contin- uously, he may again be called out for the remainder of the term, but not lon- ger.' " The question being put, was decided in the negative. Mr. Thornton moved to amend the original section, by strik- ing out all after the word " follows," in the 2d line, down to the word "service," in the 5th line, and inserting the following: "All under 26 years of age, three years, and the rest two years." The question being put, was decided in the affirmative. Mr. BoissEAu moved to further amend the section by inserting after the word "volunteer," in the fifth line, the words "as well heretofore as hereafter. ' ' The question being put, was decided in the affirmative. Mr. GuoDE moved to amend the 11th section, by striking out all after the word " heretofore," in the second line, down to the Tvord 'Mvhen," in the fourth line. JOURNAL OF THE COXVEXTION". 401 The question being put, was decided in the affirmative. Mr. Randolph, of the City of Richmond, moved to further amend the section by striking out all after the word <^ for "in the eighth hnc, down to the word ^^or," in the ninth line 'and in- sertmg the words ^'one year more." The question being put, was decided in the affirmative, ihe 12th and 13th sections were then read and passed bv without objection. ^ ^ Mr. Heck moved to return to the 2d section, and to amend ! .7k'^" "-,°"L f'1/^fter the word ^^or," in the seventh line, to by, m the 8th hue, and inserting the following: ''in case ot their absence, inability, refusal, or failure to act." The question being put, was decided in the affirmative. Mr. Hkck moved the same amendment to the 4th section after the word ''or," in the seventh Hue, to the word "by " in the eighth hue; and to strike out the word "within " in the seventh line, and insert the word " for." ^ The question being put was decided in the affirmative. Mr Heck moved to further amend the 2d section, by striking out all after the word "organized," in the sixth hue, down tS he word "or," in the seventh hue, and inserting the following- l-^ach board acting for its present district." The question being put was decided in the affirmative Mr Randolph, of the City of Richmond, moved to return to the 4th section, and to amend it, by adding thereto the follou^ing: " Notices requiring enrolment shall be posted at three or more places of n.ib- ic resort in each company district not less than thirty days before the or^anb- - ih'/rlH ' '"'"''7-K ^fr""' ^"^J^^^ '' '"''^'^ under this ordinacebeSg'o districts occupied by the enemy, may be enrolled and called into service under trEelio'n'' ' °"' '' '' ^'''''''''"^ '^' "^^ '^''■""'' '' "'^ CommonwLith in The question being put, was decided in the affirmative. Mr. PSELSON moved to further amend the 7th section by striking out all after the word " orijnnizcd," in the 26th and 27th lines, down to the word " officers," in the 29th line. The question being put was decided in the affirmative. Air. CitiTCHEK moved to amend the 12th section, by strikino- out all after the word " they," in the 12th line, and adding the -^ lollowing: "Show good cause, before a court of inqniiT, for *'' such absence or faihire to enrol." Mr. Cai-erto\ demanded the previous question, which was sustnined. The main question being upon the adoption of the amend- ment submitted by Mr. Critcher, was put, and decided in the ailirmative. The ordinance, as amended, was then adopted. On motion of Mr. Randolph, the Convention adjourned. JOURNAL OF THE COXVENTIOK. 403 Saturday, November 30, 1861. The Convention assembled at 10 o'clock, A. M. Prayer by the Rev. Mr. Bosserman, of the Universalist Church. On motion of Mr. Nklsox, the Journal of the 26th instant, was so changed as to record his name with the majority ^ on all ques- tions voted upon oti that day. On motion of Mr. Ambi,er, the Journal was so changed as to canse the following letter to be entered upon the Journal of the 26th instant, to read as follows: Richmond, Va., Nov. 26, 1861. James Barbour, Esq., Virginia Conventlnyi : Dear Sir. — Mr. Dorman, of llockbridg;e, a member of your body, on yester- day, in discussion, misrcproscnled nic, (unintentionally, no doubt.) Tlie Gover- nor and Council never advised that no troops should be sent to North-Western \'ir- ginia, while 1 was a metnber of the Advisory Council, as represented by Mr. Dorman. hnmediatcly after 1 learned that the ordinance of secession had passed, I sent Major William P. T'liompson, of the county of Marion, to the seat of government, with a requisition for arms, and authority to call out the militia in North-West Virginia, with a view of taking possession of the two rail roads, the one terminating at Parlcersburg and the other at the city of Wheeling, to pre- vent their use by the enemy in case of invasion, with a determination to destroy these roads at points near the Ohio and in the mountains, if necessary for our defence and protection. For some cause the arms were refused. It may be that the Governor advised with the Council — of this lam not informed. At that time three-fourths of the people of Marion county w^ere in favor of the ordinance of secession, and if we had been furnished w ith arms, and authority to call out the militia, so that our people could have been assured of the aid and protection of the government, 1 have no hesitation in saying, that a larsre majority of the people of North-VVest Virginia would have voted for the ordinance of seces- sion, and would be now in arms in defence of the State. Those rail roads afford- ed rapid facilities for the transportation of troops. The State of Ohio had her troops at the termini of those rail roads, on the Ohio side of the river, ready to march into Virginia immediately after the ratification of the ordinance of seces- sion. This was made known to our people. Many were induced to vote against the ordinance, with a hope that they would not be interrupted by the expected invaders. Others did not go to the polls. Our people felt paralized. They had no arms of any consideration to protect themselves. In conclusion, let me say, the Governor and every member of the Council knows, that, so far as I am con- cerned, I urged the occupation ol' North-West Virginia with an armed force, suf- ficient to protect tliat section from invasion, and I have no doubt now, that if we had been furnished with arms and authority to call out the militia at once, we should now be in the possession of the most of that section of the State, and have now the support of a great majority of the people. As the action of your body will present a history of the times, for my protection, I hope you will ask that this letter may be recorded upon your jouiiial. Your friend, T. S. HAYMOND. The ordinance 'M'elative to the proceedings against judges," presented by Mr. Morriss, from a special committee, on the 27tli instant, was taken up and adopted. The ordinance " for the trial of persons offending against the 1 404 JOURNAL OF THE CONVENTION. laws of the Commonwealth, ia counties in possession of the common enemy," submitted by Mr. Price, November 27th, 1861, was taken up. Mr.HAYMOND moved to amend the ordinance, by striking out the word ''convenient," in the 6th line. The question being put, was decided in the negative. The ordinance was then adopted. Mr. Macfarland presented an ordinance concerning treasury notes, M'hich was laid upon the table and ordered to be printed. Mr. MooRE submitted the following resolution: Resolved, That the Committee on Amendments to the Constitution, be in- structed to insert in the ordinance, by which tiie Constitution shall be submitted 1o the people for ratification or rejection, a provision, requiring the officers con- ducting the election, to take at the same time, a separate vote on the question of so restricting the right of sull'rage, that no person shall vote at any election who lias not paid, within the year they were assessed, all State and county or corpo- ration taxes, assessed on him in the county in which he resides, for the year pre- ceding that in which he offers to vote. Mr. Price moved to lay the resolution on the table, and the ques- tion being put, was decided in the negative — yeas 34; nays 61. On motion of Mr. Stuart, the vote v/as recorded as follows: The names of those who voted in the affirmative are — Messrs. Angus R. Blakey, Messrs. Algernon S. Gray, George Blow, Jr. Cyrus Hall, James Boisseau, Alphens F. Haymond, John A. Campbell, J. M. Heck, John A. Carter, James P. Holcombe, Samuel A. Coffman, Bobert C. Kent, Raphael M. Conn, Edward D. McGuire, Robert E. Cowan, J. T. Martin, William P. Cooper, Fleming B. Miller, C. J. P. Cresap, Stephen A. Morgan, John Critcher, William C. Parks, Harvey Deskins, Joseph H. Pendleton, Napoleon B. French, John T. Seawell, Colbert C. Fngate, John D. Sharp, Samuel M. Garland, James W. Sheffey, Samuel L. Graham, Burwell Spurlock, Robert E. Grant, Frank. P. Turner— 34. The names of those who voted in the negative are — Messrs. R. I j. Montague ( Prest ) Messrs. John L. Marye, Sr. William M. Ambler, Thomas Mas'lin, Edw'd M. Armstrong, Horatio G. Moffett, George Baylor, Edmund T. Morris, George W. Berlin, Samuel McD. Moore, JOURNAL OP THE CONVENTION. 405 Messrs. George W. Brent, James V. Brooke, Benjamin W. Byrne, Frederick JM. Cabell, Allen T. Caperton, Edward R. Chambers^ Manilius Chapman, Robert Y. Conrad, W. H. B. Custis, James B. Dorman, AVilliam H. Dulany, Miers W. Fisher, William W. Forbes, H. L. Gillespie, Fendall Gregory, Jr. Addison Hall, L. S. Hall, John N. Hendren, George VV. Hull, Lewis D. Isbell, John Janncy, John R. Kilby, John J. Kindred, William H. Macfarland, J. W. Marshall, James Marshall, Messrs. Hugh M. Nelson, Logan Osburn, William Ballard Preston, Samuel Price, David Pugh, George W. Randolph, Thomas J. Randolph, John A. Robinson, Peter Saunders, Sr. Robert E. Scott, Thomas Sitlington, Charles R. Slaughter, John M. Speed, Samuel G, Staples, Alex. H. H. Stuart, William T. Sutherhn, George P. Tayloe, John T. Thornton, William M. Tredway, Robert H. Turner, John Tyler, Edward Waller, William White, Samuel Woods, John B. Young — 61. The resolution submitted by Mr. Moore, was then adopted. On motion of Mr. Blakey, the ordinance '^on Salt," was taken up for consideration. Mr. Stuart moved to '^pass by" the consideration of the or- dinance for the purpose of resuming the consideration of the re- port of the Committee ^'on Amendments to the Constitution." Mr. Carter demanded the previous question, which was sustained. The main question being upon the adoption of the motion made by Mr. Stuart, was put, and decided in the affirmative — yeas 51; nays 4L On motion of Mr. Forbes, the vote was recorded as follows: The names of those who voted in the affirmative are — Messrs. R.h.Montague (Presi) Messrs. Paul McNeil, William M. Ambler, James Marshall, Edw'd M. Armstrong, .Tohn L. Marye, Sr. George W. Berlin, Thomas Mashn, George W. Brent, Henry H. Masters, James V. Brooke^ Fleming B. Miller, 406 JOURNAL OP THE CONVENTION. Messrs. Allen T. Caperton, John A. Carter, Edward R. Chambers, Manilius Chapman, Robert Y. Conrad, Robert E. Cowan, John Critchor, Harvey Deskins, , James B. Dorman, Colbert C. Fngate, Samuel M. Garland, Samuel L. Graham, Peyton Gravely, Feudal I Gregory, Jr. Addison Hall, John N. Hendren, John Janney, Robert C. Kent, John R. Kilby, John J. Kindred, Messrs. Logan Osburn, William C. Parks, Wm. Ballard Preston, Samuel Price, David Pugh, George W. Randolph, John D. Sharp, James W. Sheffey, Thomas Sitlington, Charles R. Slaughter, John M. Speed, Samuel G. Staples, Alex. H. H. Stuart, William T. Sutherhn, George P. Tayloe, John T. Thornton, William M. Tredway, John Tyler, Edward Waller— 51. The names of those who voted in the negative are- Messrs. Alpheus F. Haymond, J. M. Heck, James P. Holcombe, Lewis D. Isbell, Edward D. McGuire, William H. Macfarland, J. W. Marshall, J. T. Martin, Horatio G. Moffett, Edmund T. Morris, Stephen A. Morgan, Hugh M. Nelson, John A. Robinson, Peter Saunders, Sr. John T. Sea well, Burwell Spurlock, Robert H. Turner, Frankhn P. Turner, Samuel Woods, JohnB. Young— 4L Messrs. George Baylor, Angus R. Blakey, James Boisseau, William G. Brawner, Frederick M. Cabell, John A. Campbell, Samuel A. Coflman, Raphael M. Conn, C. B. Conrad, William P. Cooper, C. J. P. Cresap, W. H. B. Custis, William H. Dulany, Miers W. Fisher, William W. Forbes, Napoleon B. French, H. L. Gillespie, Robert E, Grant, John Goode, Jr. Cyrus Hall, L. S. Hall, The report of the Committee "on Amendments to the Con- stitution" was then taken up- the pending question being upon JOURNAL OF TSB CONVENTION. 407 the amendment to the 9th section, submitted by Mr. Flournoy, on the 27th instant. Tlie question being put; was decided in the negative — yeas 23; nays 72. On motion of Mr. Sheffey, the vote was recorded as follows: The names of those who voted in the affirmative are — Messrs. R. L. Montague (Prst) Messrs. William M. Ambler, George W. Berlin, Angus R. Blakey, Frederick M. Cabell, Allen T. Caperton, Edward R. Chambers, Miers W. Fisher, William W. Forbes, Fendall Gregory, Jr. Addison Hall, John N. Ilendren, Marmaduke Johnson, James Marshall, Samuel McD. Moore, Hugh M. Nelson, Robert E. Scott, Charles R. Slaughter, John M. Speed, Alex. H. H. Stuart, Franklin P. Turner, John Tyler, Edward Waller— 23. The names of those who voted in the negative are — Messrs. Edward M. Armstrong, George Baylor, George Blow, Jr. James Boisseau, George W. Brent, James V. Brooke, Benjamin W. Byrne, John A. Campbell, John A. Carter, William P. Cecil, Manilius Chapman, Samuel A. Co if man, Raphael M. Conn, C. B. Conrad, Robert Y. Conrad, Robert E. Cowan, C. J. P. Cresap, John Critcher, W. H. B. Custis, Harvey Deskins, William H. Dulany, Napoleon B. French, Colbert C. Fugate, Samuel M. Garland, H, L. Gillespie; Messrs. John R. Kilby, John J. Kindred, Edward D. McGuire, Paul McNeil, William H. Macfarland, J. W. Marshall, J. T. Martin, .Tohn L. Marye, Sr. Thomas Maslin, Henry H, Masters, Fleming B. Miller, Horatio G. MofTett, Edmund T. Morris, Stephen A. Morgan, Logan Osburn, William C. Parks, Wm. Ballard Preston, Samuel Price, David Pugh, George W. Randolph, John A. Robinson, Peter Saunders, Sr. John T. Sea well, John D. Sharp, James W. Sheffey, 408 JOURNAL OP THE CONVENTION. Messrs. Samuel L. Graham, Messrs. Thomas Sitliiigton, Robert E. Grant, Burwell Spiirlock, Peyton Gravely, Samuel G. Staples, John Goode, Jr. George P. Tayloe, Cyrus Hall, John T. Thornton, L. S. Hall, • William M. Tredway, J. M. Heck, Robert H. Turner, James P. Holcombe, Samuel Woods, Lewis D. Isbell, Benjamin F. Wysor, John Janney, John B. Young — 72. Robert C. Kent, Mr. Morgan moved to further amend the section, by inserting after the word <* shall," in the 6th line, the following: " Every twelfth year, elect a presiding justice, who is not one of their own number, and whose salary shall be fixed by the General Assembly." The question being put, was decided in the negative. Mr. BuooKE moved to further amend the section, by striking out the whole and inserting the following: " Each county shall be laid off into districts as nearly equal as may be in ter- ritory and population. In each district, four justice of the peace shall be chosen by the qualified voters thereof, who shall be commissioned by the Governor, re- side in their respective districts and hold their offices for the term of twelve years, except as hereinafter provided. At the first court after the election and qualification of the justices under this Constitution, or so soon thereafter as may be; they shall be divided into two classes; each cla« to consist of two justices from each district, to be numbered by lot. The term of service of the first class shall expire at the end of six years, and of the second class, at the expiration of twelve years, and this alternation shall be continued, so that one half of the justices may be chosen every sixth year," &c. Mr. Blakey moved to amend the amendment, by striking out all after the Avords, "or as soon thereafter as may be," and inserting the following: " The county court of each county shall divide all the justices thereof into twelve classes, as nearly equal as may be, each class as far as possible to be com- posed of justices from dillercnt districts, and numbered by lot. The justices of each class shall continue in office for the number of years designated by the num- ber of their respective classes. As the term of each justice shall expire, his successor shall be chosen by the voters of the county residing in the district in which such justice resided at the time of liis election." The question being put, was decided in the negative — yeas 41 ; nays 50. On motion of Mr. Haymoxd, the vote was recorded as follows: The names of those who voted in the aiSrmative are — Messrs. R. L. Montague (Prest) Messrs. Addison Hall, William M. Ambler, George W. Hull, George W. Berlin, John Janney, James BoisseaU; Marmaduke Johnson; JOUENAL OF THE COXYENTIOIT. 409 Messrs. Thomas Branch, William G. Brawner, George W. Brent, James V. Brooke, Frederick M. Cabell, John A. Campbell, John A. Carter, Edward R. Chambers, C. B. Conrad, C J. P. Cresap, James B. Dorman, William H. Dnlany, Miers W. Fisher, William W. Forbes, Robert E. Grant, Algernon S. Gray, Fendall Gregory, Jr. Messrs. Robert C. Kent, John R. Kilby, John J, Kindred, William H. Macfarland, .John L. Marye, Sr. Edmund T. Morris, Samuel McD. Moore, Hugh M. Nelson, Joseph H. Pendleton, Robert E. Scott, John M. Speed, .h^hn T.Thornton, Franklin P. Turner, Edward Waller, William White, John B. Young — 41. The names of those who voted in the negative are — Messrs. Edwd. M. Armstrong, Messrs George Baylor, Angus R. Blakey, Peter B. Borst, Benjamin W. Byrne, William P. Cecil, Manilius ('hapman, Samuel A. Cotfman, Raphael M. Conn, John Critcher, W. H. B. Custis, Harvey Ueskins, Napoleon B. French, Colbert C. Fugate, Samuel M. Garland, H. L. Gillespie, Samuel li. Graham, Peyton Gravely, John Goode, Jr. Alpheus F. Haymond, John N. Hendren, J. M. Heck, James P. Holcombe, Ijowis D. Isbell, Paul McNeil, J. W. Marshall, James Marshall, J. T. Martin, Thomas Maslin, Henry H. Masters, Fleming B. Miller, Horatio G. Moffet, Stephen A. Morgan, Logan Osburn, William C. Parks, Wm. Ballard Preston, Samuel Price, David Pugh, George W. Randolph, Peter Saunders, Sr. •Tohn D. Sharp, •Tames W. Sheffey, Thomas Sitlington, (>harles R. Slaughter, Burwell Spurlnck, Samuel G. Staples, Alex. H.H.Stuart, George P. Tayloe, Jehn Tyler, Samuel Woods — 50 The question recurred upon the adoption of the substitute 410 JOTJUNAL OF THE CONVENTIOX. submitted by Mr. Brooke, and being put; was decided in the negative. ]Mr, Baylor demanded the previous question which was sustained. The main question being upon the adoption of the section as amended, was put and decided in the aliirinative. Mr. Skawkli. moved to amend the 10th section by way of substitute, by striking out the whole and inserting the following: Tlie presiding justice of eacli county court sl)all receive a per diem compensa- tion for his servings in court, to be ascertained by law and paid out of the countjr treasury; but shall not receive any fee or emolument for other judicial services. No other justice of said courts shall receive any compensation for any judicial services. ]\Ir. Chitchkr moved to amend the amendment by way of substitute, by striking out the whole and inserting the following: Section 10. The justices shall receive no fee or emolument for their judicial services. Mr. SnEt'FEv demanded the previous question, which was sustained. The main question being upon the adoption oi the sul)stitiite submitted by Mr. Critchek, was put, and decided in the jiegaiive — yeas 1 1 ; nays 8(3. On motion of Mr. Yoi \g, the vote was recorded as follows: The names of those who voted in the allirmalive are — Messrs. AVilliam M. Ambler, Messrs. John I-. Marye, Sr. Edward M. AriiiStrong, Hugh M. Xeison, George W. Berlin, Fraiddin P. Turner, J-]dward R. Chambers, WilUain White, Ilobert ^'. Conrad, .Samtiel Woods — 11. John Critcher, The names of those who voted in the negative are — Messrs. R. L.Montague fPrc*/) Messrs. George W. Hull, George Bayhv, Lewis D. Isbell, Angus R. Blakey, Peter C. Jnlinsfin, George Blow, Jr. Robert (J. Kent, James Boissean. John R. Kilhy, Peter B. Borst, ' Paul McNeil, Thomas Branch, William H. Macfarland, William (i. Brawner, J. W. Marshall, George W. Brent, James Marshall, James V. Brooke, J. T. Martin, Benjamin W. Byrne, Tiiomas Maslin, Frederick M. Cabell, Henry 11. Masters, John A. Campbell, Fleming B. Miller, JOURNAL OF THE COXVEXTION. 409 Messrs. John A. Carter, William P. Cecil, Maniliiis Chapman, Samuel A. Coffman, C. B. Conrad, Robert E Cowan, William P. Cooper, C. J. P. Cresap, W. H. B. Custis, Harvey Deskins, James B. Dorinan, William H. Dulany, Miers W. Fisher, William W. Forbes, Napoleon B. French, Colbert C. Fugate, Samuel M. Garland, n. L. Gillespie, Samuel L. Graham, Robert E. GJrant, Peyton Gravely, Fendall Gregory, Jr. John Goode, Jr. Addison Hall, Cynis Hall, L. S. Hall, Alpheus F. Haymond, John M. Heck, John"N. Hendren, James P. Holcombe, J. G. Holladay, Messrs. Horatio G. Moflett, Edmund T. Morris, Stephen A. Morgan, Samuel McD. Moore, Logan Osbnrn, Wdliam C. Parks, Joseph H. Pendleton, Wm. Ballard Preston, Samuel Price, David Pngh, George W. Randolph, Thomas J. Randolph, John A. Robinson, Peter Saunders, Sr. Robert E. Scott, John T. Seawell, John D. Sharp, James W. Sheffey, Thomas Sillington, Charles R. Slaughter, John M. Speed, Burwell Spurlock, Samuel G. Staples, Alex. H. H. Stuart, George P. Tayloe, Johu'T. Thornton, W^illiam M. Tredway, Robert H. Turner, John Tyler, Edward Waller, John B. Young.— 88. The question recurred upon the adoption of the substitute sub- mitted by Mr. Seawell, and being put, was decided in the neg- ative — yeas 24; nays 78. On motion of Mr. Morris, the vote was recorded as follows: The names of those who voted in the affirmative are — Messrs. R. L. Montague (Prest) William M. Ambler, George W. Berlin, George Blow, Jr., Thomas Branch, Frederick M. Cabell, Edward R. Chambers, Robert Y. Conrad, Messrs. Edmund T. Morris, Hugh M. Nelson, Logan Osburn, Joseph H. Pendleton, John T. Seawell, Charles R. Slaughter, John M. Speed, Samuel G. Staples, 410 JOURNAL OF THE CONYEXTION. Messrs. Lewis E. Harvie, James Marshall, John L. Marye, Sr. Horatio G. MoJfett, Messrs. John T. Thornton, William M. Tredway, Franklin P. Turner, William White— 24. The names of those who voted in the negative are — Messrs. Edward M. Armstrong, Messrs George Baylor, Angns R. Blakey, James Boisseau, Peter li. Borst, William G. Brawner, George W. Brent, James V. Brooke, John A. Camphell, AIIlmi T. Caperton, John A. Carter, Wiiham P. Cecil, Maiiilins Chapman, Samuel A. Cc^fTman, R;phaol M. Conn, (.'. B. Conrad, Robert E. Cowan, William P. Cooper, C. J. P. Cresap, John Critcher, W. II. B. Cnstis, Harvey Deskins, James B. Dorman, William H. Dulany, Miers W. Fisher, William W. Forbes, Napoleon B. French, Colbert C. Fngate, tSamuel M. Garland, H. L. Gillespie, Samuel L. Graham, Robert E. Grant, Peyton Gravely, Algernon S. Gray, Fendall Gregory, Jr. John Goode, Jr. Addison Hall, Cyrus Hall, L.S.Hall, Alphens F. Haymond, John N. Hendren, J. M. Heck, James P. Holcombe, George W. Hull, Lewis D. Jsbell, John Janney, Robert C. Kent, John R. Kilby, John J. Kindred, Edward D. McGuire, Paul McNeil, J. W. Marshall, J. T. Martin, Thomas Maslin, Henry H. Masters, Fleming B. Miller, Stephen A. Morgan, Samuel McD. Moore, William C. Parks, Wm. Ballard Preston, Samuel Price, David Pugh, George W. Randolph, Thoii.as J. Randolph, John A. Robinson, Peter Saunders, Sr. Robert E. Scott, John D. Sharp, James VV. Sheffey, Thomas Sitlington, Burwell Spurlock, Alex. H. H. Stuart, George P. Tayloe, Robert H. Turner, John Tyler, Edward Waller, Samuel Woods, John B. Young— 78. Mr. Speed moved to amend , the section, by striking out the JOURXAL or THE CONTENTION. 411 word ^' shall," in the first line, and inserting the word <^may." The question being put, was decided in the affirmative. Mr. DuLANY moved to further amend the section by striking out the word ''judicial" in the fifth line. The question being put, was decided in the negative. The section as amended, was then adopted. The 11th section was then read, and passed by without objec- tion. Mr. Stuart moved to amend the 12th section by inserting af- ter the word "appeal," in the first line, the following: "except as otherwise provided in this constitution." The question being put, was decided in the affirmative. The section as amended was then adopted. The 13th section was then read , and passed by without objec- tion. Mr. Woods moved to amend the 14th section by striking out all from the heginning down to " shall," in the 2d line, and in- serting the following: "clerks for the circuit courts, and attor- neys for the Commonwealth, in the circuit and county courts." The question being put, was decided in the negative. Mr. Haymond moved to amend th(* section by inserting after the word "law," in the 8th line, the li)llovving: " But there shall be but one attorney for the Commonwealth, in any county, and he shall be appointed by the judge of the circuit, which that county forms a part." Mr. Sfieffey demanded the previous question, which was sustained. The main question being upon the adoption of the amend- ment, submitted by Mr. Haymond, was put, and decided in the negative — yeas 23; nays 72. On motion of Mr. Hall, of Lancaster, the vote was recorded as follows: The names of those who voted in the afiirmative are — Messrs. George Baylor, L. S. Hall, George W. Berlin, Alpheus F. Haymond, Angus R. Blakey J. M. Heck, Peter B. Borst, John Janney, Benjamin W. Byrne, Robert C. Kent, John A. Carter, Edward D. McGuire, William P. Cecil, J. T. Martin, Robert E. Cowan, Stephen A. Morgan, William P. Cooper, Thomas J. Randolph, C. J. P. Cresap, John A. Robinson, W. H. B. Custis, Samuel Woods— ?3, Cyrus Hall, 412 JOURNAL OF THE CONVENTION. The names of those who voted in the negative are — Messrs. R.L. Montagu e(P;-e5/) Messrs, William M. Ambler, Edward M. Armstrong, George Blow, Jr., James Boisseaii, Thomas i^ranch, William G. Brawner, Jamos V. Brooke, Frederick M. Cabell, John A. Campbell, Allen T. Caper ton, Edward R. Chambers, Manilius Clia])man, Raphael M. Conn, C. B. Conrad, Robert Y. Conrad, John Critcher, Harvey Deskins, James B. Dorman, William H. Dulany, Miers W. Fisher, Napoleon B. French, Colbert C. Fugate, Samuel M. Garland, H. L. Gillespie, Robert E. Grant, Peyton Gravely, Fendall Gregory, Jr., John Goode, Jr., Addison Hall, Lewis E. Harvie, John N. Hendren, James P. llol combe, George W. Hull, Lewis D. Isbell, Marmaduke Johnson, John R. Kilby, John J. Kindred, Paul McNeil, William H. Macferland, J. W. Marshall, James Marshall, John L. Marye, Sr., Thomas Maslin, Henry H. Masters, Fleming B. Miller, Horatio G. Moffett, Edmund T.Morris, Samuel McD. Moore, Lojjan Osburn, VVriliam C. Parks, Wm. Ballard Preston, Samuel Price, David Pugh, George W. Randolph, Peter Saunders, Sr., Robert E. Scott, John T. Seawell, John D. Sharp, James W. Shetfey, Thomas Sitlington, Charles R. Slaughter, John M. Speed, Samuel G. Staples, Alex. H. H. Stuart, George P. Tayloe, John T.Thornton, Robert H. Turner, Franklin P. Turner, Edward Waller, William White, John B. Young— 72. Mr. Scott, of Fauquier, demanded the previous question, which was sustained. The main question being upon the adoption of the 14th sec- tion, was put and decided in the affirmative. The 15ih section was then read and passed by without objec- tion. Mr. Gravely moved to amend the 16th section so as to read, «^ that the sheriffalty shall be put up to the highest bidder," (fcc. JOURNAL OF THE CONTENTIOIT. 41 The question being put, was decided in the negative. Mr. Cecil moved to amend the section by inserting after tl word "him," in the 3d line, the following: "And said courts shall assess upon the sheriff, so appointed, such sum as th may deem reasonable, to be applied to the payment of the county expenses." Mr, Caperton demanded the previous question, which w sustained. The main question being upon the adoption of the amen ment submitted by Mr. Cecil, was put, and decided in tl negative. Mr. Turner, of Jackson and Roane, moved to amend the se lion by striking out all from the word "and," in the second lin down to "but," in the third line, and inserting the followin "Commissioned by the Governor and hold their offices for tv years." The question being put was decided in the negative. Mr. Stuart moved to amend the section by inserting after tl word "him," in the third line, the words "and hold their offic for two years." The question being put, was decided in the affirmative, Mr. Woods moved to further amend the section by insertir after the word "public" in the 6th line the words, "andoth dues." The question being put, was decided in the negative. The section as amended was then adopted. The 17th section was then read and passed by without ol jection. Mr. Randolph moved to insert the following as an indepei dent section: "The General Assembly may vest such jurisdiction as shall be deemed prop in corporation courts, and in the magistrates who may belong to the corpora body. Members of the council or other legislative body, of all cities and incorp rated towns, shall be elected by the qualified voters thereof. Attorneys for t commonwealth, clerks of corporation courts, sergeants of corporations, cor ners and constables shall be appointed by the corporation courts. Magistrat and aldermen, not elected by the qualified voters as members of the council legislative body, and all other officers shall be chosen by such council or legisl tive body, and the council or legislative body may choose aldermen from the own body who may continue to be members thereof. The term and tenure office of all corporation officers shall be prescribed by the General Assembly Mr. Blow moved to amend the section, by way of substituti by striking out the whole and inserting the following: "The General Assembly may vest such jurisdiction, as shall be deemed pr per, in corporation courts, and in the magistrates belonging to the corporal body. The mayor, recorder, councils, and justices of the peace, of all cities an incorporated towns, shall be elected by the qualified voters thereof, and hoi their offices as now prescribed by law. Sergeants of corporations, clerks, an attornies for the Commonwealth, for the corporation courts, coroners and consti i JOUETTAL OF THE CONVENTION. shall be appointed by their respective courts in the same mode, and hold r offices for the same terms, as prescribed for similar officers in ihe counties he Commonwealth." ^r. Slaughter moved to amend the substitute submitted by . Blow by adding thereto the following: *' All other officers the corporation shall be appointed by the council or legisla- 3 body." Pending which, Mr. Raymond moved to pass by the further isideration of the " Report of the Committee on Amend- nts to the Constitution," and take up the report of the Committee on Elections upon the petition of T. S. Raymond i others." rhe question being put, was decided in the affirmative. rhe report was then made the order of the day for Tuesday 10 o'clock, A. M. da. motion of Mr. PendletoN; the Convention adjourned. ■Jli^J& RULES MD REGULATIONS ADOPTED^ FOE THE aOVERNMENT OF THE STATE CONVENTION, FEBRUARY 15, 1861. RICHMOND: PRINTED BY W. M. ELLIOTT. 1861. Ill Convention, February 15th, 1S61, on motion of Mr. Dor- man Resolved, Tliat tlie Rules of the Virginia Convention of 1850, so far as appli- cable, be adopted lor tlic govcrnnient ot the Convention, and tliat two liuudred copies of Uie same be printed of tliis body. RULES AND REGULATIONS. 1. The President of the Convention shall take the Chair every day precisely at the hour to which the Convention shall have ad- journed tlie day preceding; shall ininiediately call the members to order, and on the appearance of a quorum, shall cause the Journal ol the preceding day to be read for correction. He shall preserve oi'der and decorum; may speak to points of order in pre- ference to other members; rising from his sea^for that purpose; shall decide questions of order, subject to an appeal to the Con- vention; shall daily examine and correct the Journal bef()re it is read; shall have a general direction of the hall; may call any member to the Chair to perform its functions not exceeding one day; shall set apart seats in the hall for the members of the Gen- eral Assembly, and of the Executive of this State, for the Judges of this State, and of the United States; and for such other per- sons as he may think proper to invite within the hall; for any disturbance or disorder among spectators in the hall or gallery, he or the chairman of the committee of the whole, (as the case may be) shall have power to order the same to be cleared; he shall appoint all committees not otherwise ordered; shall promptly call members to order for transgressing the rules; and when two members rise at the same time to address the Chair, shall name the one who is to speak, taking care however always to allow a member who rises and addresses the Chair first, to speak first. 2. Ni/ member shall absent himself from the service of the Convention, unless he be sick and unable to attend. 3. A member about to speak or deliver any matter to the Con- vention, shall rise from his seat, and without advancing, shall, with due respect address, '^ Mr. President,'^ confining himself strictly to the point in debate, avoiding all personality, and inde- cent and disrespectful Ir.nguage. • 4. No member while addressing the Convention; shall call an- other member by name. 5. JNo member shall speak more than twice to the same ques- tion without leave, nor more than once, until every other mem- ber intending to speak shall have spoken. 6. The rules of parliamentary practice, comprised in Jeffer- son's Manual, shall govern the Convention in all cases to which they are applicable, and not inconsistent with the rules and or- ders of the Convention. 7. The Secretaiy shall draw up the Journals of the Conven- 6 tion daily, which, after being examined and corrected by the President, and read to the Convention, shall be printed, aiid one copy shall be delivered to him and one to each member without delay. He shall not suffer any member, or other person, to take any records or papers from his table, or out of his custody. 8. A question being once determined, must stand as the judg- ment of the Convention, and shall not again be drawn into de- bate. 9. While the President is reporting or putting a question, none shall entertain private discourse, read, stand up, walk into, or out of the house; and when a motion to lie on the table is made, there shall be no debate upon that, or any incidental question arising out of it, including an appeal. 10. No member shall vote upon any question touching his own conduct or privilege as a member, but shall be entitled to vote upon all othir questions, before the result of the vote is an- nounced from the Chair. 11. A majority of the members of the Convention shall be necessary to transact business, and every question shall be de- termined according to the vote of the majority of the members present. Any smaller number shall be sufficient to adjourn, and fifteen to call a house, and send for the absent, and make any order for their censure or discharge. 12. A majority of any committee shall be necessary to trans- act business. 13. Any person who shall tamper \vith any witness in respect to his evidence to be given in this Convention, or before any of its committees, or who shall directly or indirectly attempt to de- ter, or hinder any person from appearing, or giving evidence, shall be deemed to have committed a high crime, and shall be punished according. 14. No person shall be taken into custody by the sergeant-at- arms on any complaint of a breech of privilege, until the matter of such complaint shall be examined by a committee and report- ed tQ the house. 15. The sergeant's fee shall be as folloAvs: for taking a person into custody two dollars; for every day detained in custody two dollars; for sending a messenger to take any person in custody by warrant from the President, eight cents per mile for going and the same for returning. 16. On a call of the house, the doors shall not be shut against any member until his name is once called and noted as an ab- sentee. 17. When any member shall remain in his seat two daj'-s after leave of absence, such leave shall be void. 18. No business shall be introduced, taken up,- or considered, after 12 "o'clock, until the orders of the day shall be disposed of, except that an order of the day commenced may continue from day to day until finished, to the exclusion of other orders. 19. Any member (seven otliers concurring) shall have a ri^ht to demand the ayes and noes upon any question, at any time be- fore it be put, and in such case, the names of the members shall be called by the Secretary in alphabetical order, and the ayes and noes entered respectively on the Journal; and the question decid- ed as a majority of votes shall thereupon appear. But after the ayes and noes are separately taken, and before they are counted and entered on the Journal, the Secretary shall read over the names of those who voted in the affirmativ^e, and of those who voted in the negative, in order that any mistake in the listing of names and votes may be corrected. 20. The petitioner who contests the election of a member re- turned to serve in this Convention, shall receive his wages only from the day on which he is declared duly elected. 21 . Select committees shall be composed of not less than fiv^e nor more than thirteen. 22. In elections, but one vacancy shall be filled at a time, and if, in any election, no person receive a majority of the whole vote upon the first ballot, the person having the smallest number of votes shall not be voted for upon the next ballot, and so on each succeeding ballot, until some person shall have a majority of the whole. 23. In all votes of the house, except by ayes and noes, the President may, and at the instance of any member, shall, cause the house to be divided ; and if upon the rising of the members in the atfirmative, a doubt still exists with the President or any member, on which side the majority is, the members in the af- firmative shall first be counted, and then those in the negative, either by the President or at his request, by two members of op- posite opinions upon the question. 24. The documents ordered to be printed by the Convention shall be printed on paper of the same size of tlie .Tonrnals of the Convention, and a copy shall be bound with each Journal, to be furnished to the members at the end of the session; and it shall be the duty of the printer of the house to print one hundred ad- ditional copies of each document for the use of the Common- wealth. 25. No committee shall sit during the sessions of the Conven- tion without special leave. 26. If any member, Avhile speaking, transgress the rules of the Conventioii, the President shall, or any member may, call to order; and the member so called to order shall immediately sit down, unless permitted to explain, and the Conveniion shall, if appealed to, decide on the case, but without debate. If there be no appeal, the decision of the Chair shall be subnn'tted to ; if the decision be in favor of the member, he shall proceed — if against him, he shall not proceed ; if any other member object, without leave of the Convention ; and if the case require it, he shall be liable to the censure of the Convention. 8 27. If a member he called to order for words spoken in de- bate, the member calling him to order, shall repeat the words excepted to, and they shall be taken down in writing by the secretary; and no member shall be held to answer, or be subject to the censure of the Convention for words spoken in debate, if any other member has spoken, or other business has intervened, before exception to them shall have been taken 28. While a member is speaking, none shall entertain private discourse, or shall otherwise disturb him, or pass between him and the Chair. 29. Every member shall remain uncovered during the ses- sions of the Convention; and no member shall remain by the secretary's table while the ayes and noes are calling, or while the Convention is voting, or the secretary calling or counting the votes, in any election. 30. Every member Avho shall be in the house when a ques- tion is put shall vote, unless excused; and all motions to ex- cuse, in such cases, shall be made before the house divides, or before the call of the ayes and noes is commenced; and any member rccpiesting to be excused from voting, may make a brief verbal statement of his reasons, and the question shall then be taken without further debate. 31. Every juotion shall bp reduced to writing, if the Presi- dent or any member desire it. 32. When a question is under debate, no motion shall be re- ceived but to adjourn, for the previous question, to lie on the table, to postpone indefinitely, to adjourn the question to a dif- ferent day, to commit, or amend; which several motions shall have precedence in the order in which they are arranged. 33. l^pon a call for the previous question, no member shall speak more than ten minutes. Unless such call be seconded by twenty members, indicated by rising, the President shall put no question; but if so sustained, a question shall be immediately put by the Chair to this effect, " shall the main question be now put?" If on this question a majority of the House vote in the affirmative, the Chair shall thereupon put the pending question, and all incidental questions of order arising after a motion is made for the previous question, and pending the motion, shall he decided, whether on appsal or otherwise, without debate. 34. Any member may call for the division of a question, and it shall be, thereupon, divided, if it comprehend propositions in substance so distinct that one being taken away, a substantive proposition shall remain for the decision of the house — but a motion to strike out being lost, shall not preclude a motion to strike out and insert. 35. When the Convention is about to rise, every member shall keep his seat until the President shall have announced the adjournment. [No. 1.] RESOLUTION Submitted by Mr, Haymond^ and laid upon the table^ on his motion^ Febru- ary 25, 1861. Resolved, That the Constitution of this State should be amended, and that this Convention will amend the Constitution wherein it is necessary and proper that it should be amended, and wall submit the same, as amended, to the voters of the State for their adoption or rejection. [DOC. m lyj REI>ORT OF THE COMMITTEE OF ELECTIONS ON THE .v^-' RETURNS OF THE VOTES FOR AND AGAINST KIFEERIM THE ACTION Of THE CONVENTION TO THE PIOPIR [Doc. No. 4.] The Committee on Elections have examined theneturnsof the nnniber of persons who have voted for and against referring the action of this Convention to the people, as provided by the act of the General Assembly, passed January 14th, ISGl, entitled ''an act to provide for electing members of a Convention, and to convene the same;" and beg leave to report that in all, except the following counties, to wit: Barbour, Boone, Braxlon, Bu- chanan, Cabell, Elizabeth City, Greene, Logan, McDowell, Prince William, Putnam, Upshur, Wayne, Wise, Wyoming and York, from which returns have not been received, the wh(ilc number of votes cast was one hundred and forty thousand five hundred and eleven, of which ninety-six thousand six hun- dred and eighty-four were cast for referring to the people, and forty-three thousand eight hundred and twenty-seven against re- ferring to the people, showing a majority as far as heard from of fifty-two thousand eight hundred and fifty-seven for referring to the people. The Committee will make a further and final report upon this subject on receiving the returns from the delinquent counties. The foregoing result is derived from the returns received by the President of the Convention, and tlie Governor of the Com- monwealth . A. F. HAYMOND, Chairman of Committee on Elections. [DOC. I'lo. ^n.'] COMMUNICATION FROM THE EXECUTIVE OF THE COMMONWEALTH, TRANSMITTING A REPORT FROM THE ADJUTANT GENERAL IN RESPOIVSE TO A RESOLUTION OF THE CONVENTION, CALLING FOR INFOR- MATION CONCERNING THE MILITIA AND VOLUNTEERS OF W STATE, &C. [Doc. No. T.] Executive Department, ") February 27, 1861. 3 Gentlemen of the Convention: 111 response to your resolution, adopted on the 20th instant, calling for information as to '^the number of the enrolled miU- tia, and of the volunteers of the State; the number of compa- nies that have been supplied with arms; their kind and descrip- tion," I communicate herewith a report from the Adjutant Ge- neral. Respectfully, JOHN LETCHER. [ Doc. No, 7.] REPORT. Adjutant General's OpficEj") February 27, 1861. y To his Excellency John Letcher, Governor of Virginia: Sir, — I have the honor to report tl^ information called for by- resolution of the Convention of the 2lst instant. The military force of the State consists of 5 divisions, 28 brigades, 5 regiments of cavalry, 5 of artillery'', 3 regiments and 4 battalions of uniformed and armed volunteers, and 197 regiments of infantry of the line. The annual consolidated re- turn up to 1st October, 1860, being made \\\) from the latest bri- gade returns, gives an aggregate of only 143,255, officers, non- commissioned officers and privates, although there are undoubt- edly not less then 200,000 men in the State subject to militia duty. This is the result of negligence on the part of enrolling officers, and the failure of some regiments to make any returns at all. VOLUNTEER FORCE. There are now in commission 95 troops of cavaliy, 26 compa- nies of artillery, 112 companies of light infantiy and 114 com- panies of riflemen. Of Cavalry: 7 troops are armed with sabres and percussion cavalry pistols. 2 " with sabres and cavAlry musketoons. 32 « '' '^ " revolvers. 21 " " '' only— and 33 are unarmed. Of the Artillery: 11 companies are armed \v\\h 6- pounder field guns, with car- riages and implements complete, and artillen,'- swords. 1 with (i-pounder field guns, swords and Sappers and Miners' musketoons. 1 with 6-pounder field guns, swords and artillery musketoons. 1 with six 12-pounder howitzers and light artillery swords — and 12 are unarmed. 6 [Doc. No. 7.] Of the Ldght Infantry: 6 companies are armed with rifle muskets. 75 '^ ^' " '^ percussion muskets. 26 <' " '' 'f flintlock " 4 " ^^ without arms. Of the Rifletne7i: 4 companies are armed with long range rifles, with sword at- tachment. 24 comimnies with percussioned rifles. 10 companies with flint lock rifles, and 76 companies are without arms. All the armed companies are uniformed. The numerical strenath of the armed force is: Cavalry; with sabres and pistols, or sabres only, 2,547 Unarmed, about - - - 1,650 Artillery — Armed companies, - - - 820 Unarmed '^ - - - 660 Light Infantry — Companies witli rifled muskets, 400 Companies with percussion do. 3,830 Companies with flint lock do. 1,300 Companies unarmed, - - 250 Riflemen — Companies with long range rifles, - 330 Companies with percussioned rifles, 1,320 Companies unarmed, - - 3,600 4,197 1,480 5.780 5,250 Making an aggregate of - - - 16,707 The military spirit which pervades the State, as evidenced by the correspondence of this oflice, would, I beUeve, in case of emergency, double the militia force, by men above 45, perfectly able and more than willing to bear arms if the State shall need their services. Veiy respectfully, your obedient servant, WM. H. RICHARDSON, A. G. v>^ [DOC. NO. vm.] REPORT OF THE AUDITOR OF PUBLIC ACCOUNTS, SHOWING THE AGGREGATE NUMBER OF PERSOIVS RETURNED DELUVQUENT BY THE SHERIFFS OF THE CO.WIONWEALTH, FOR THE NON-PAYMENT OF TAXES FOR 1860; ALSO THE AGSREGATE AMOUNT OF SUCH TAXES. [Doo. No. S.] ADDITOR'S JIEPORT. Auditor's OfficE;, Richmond, Va., "> March 1, 1861. ]" Hon. John Janney, President of the Convention: Sir, — The following resolution of the Convention, adopted on the 26th of February, has been under consideration, to wit: ^'Resolved, That the Auditor of Public Accounts be requested to furnish this Convention a statenient sliowing the aggregate number of persons returned delinquent by the sheriffs of the different counties of the Commonwealth, for the non-payment ■-^of the taxes for the year 1860; also, the aggregate amount of taxes on such delinquent list." By the 14th section of chapter thirty-six of the Code, it is provided that the '< sheriff or other collector, after ascertaining Avhich of the taxes assessed in his comity cannot be collected, shall, as soon as practicable, in each year, after the first day of October, make out lists" of those delinquent. It is further pro- vided by the same chapter, that the list of taxes so returned, shall be credited to such sheriff or c(5llectcd by the Auditor, if the list be presented before the 1st day of May next, after the taxes were assessed. It will be perceived that the delinquent lists of taxes assessed in 1860, arc not required by law to be presented prior to the 30tli day of April, 1861. In practice the return of the lists are fre- quently deferred for months, and even years, after the thne de- signated by law. In consequence of the delinquents in the taxes of 1860, not being due at this office, and of the comparatively small number returned, I have found it impracticable to comply literally with the resolution. I have, however, adopted the returns for the year 1858 as being more complete than that of any succeeding year, and enlarged upon the request of the Convention, and have given in detail by counties and corporations, and in the aggregate, not only the number returned delinquent; but the 4 [Doc. No. 8.] number assessed with taxes, and the amount'of taxes on perso- nal property returned dehnquent. To give a more general view of the whole subject, I have also appended a table for the year 1857, showing the whole number of persons assessed with taxes, the number returned delinquent, and the rate per cent, which the delinquents bear to the whole number assessed, arranged by geographical districts. I trust, that while I am unable to comply with the resohition of the Convention in terms, that the tables here presented may be of some service. I am, very respectfully, Your obedient servant, * J. M. BENNETT, Auditor of Public Accounts. [Doc. No. 8.] TABLE Showmg the total Jiumher of white male inhabitants in the State of Virginia, assessed with a capitation tax for the year 1858; and the total number of those so assessed, who were returned delinquent for the non-payment of said tax. Showing also the amount of tax on personal property returned delinquent for the non-payment thereof, for the year 1858: NAME OF THE COUXTY AND CORPORA- TION. Total number of white male in- habitants over 21 years of ape not. exempt 'from taxation for 186S. Number of white males over 21 years of ape returned de- linquent for nou-paymen t of capitr.tion tax for 1S08. Amount of tax on pers o n a 1 prop erty re- turned delin- quent for the non - payment thereof for the year ISSS. Alleghany 862 659 2,617 1,706 2,183 2,345 915 4,210 1,686 627 1,142 2,966 1,762 998 682 1,713 460 1,288 1,084 1,389 318 633 444 2,731 435 802 1,022 1,493 1,405 1,772 • 1,073 665 1,072 840 724 459 1,789 2,276 267 53 363 355 979 435 172 735 169 107 . 234 824 380 104 49 401 53 256 171 106 37 98 56 484 57 97 109 197 311 324 234 107 154 59 67 >♦ 458 693 $15 40 12 49 Amelia Albemarle 92 94 Amlierst 49 40 3'>9 45 Accomac 41 45 Appomattox 15 90 Augusta 141 11 Barbour 46 98 Batli 18 36 Braxtou 38 46 Bedford 89 61 Berkeley 69 93 Brooke 19 58 Boone 9 66 Botetourt 98 11 Buchanan Buckinijham 11 26 28 75 Brunswick 27 32 Cabell 21 61 Clay 6 05 Craig 13 70 Callioiui 19 d6 Campbell 237 93 Charles City Clarke 1 14 15 91 57 37 38 10 35 80 Charlotte Caroline Chesterfield 39 17 Cumberland 107 55 90 25 Doddridge S3 12 31 71 161 44 182 13 Elizabeth City Fairfax Fauquier Carried forward 51,247 9,255 $2,098 52 [Doc. No. 8.] NAJiE OF THE COUNTY AND CORPORA- , TION. Total number of white male in- habitants over 21 years of age not exempt from taxation for 1S58. Number of white males over 2: years of age returned de linquent foi non-payment of capitation tax for 1S5S. Amount of tax on personal property re- turned delin- quent for tlie non - iiayment thereof fur the year ls,5s. Brought forward 51,247 984 2,627 2,555 1,376 1,087 1,331 2,130 641 875 1,108 582 909 862 2,379 2,415 855 1,365 1,605 2,557 2,341 1,228 829 1,037 1,441 244 1,895 2,552 500 888 573 397 1,777 1,252 708 3,102 1,400 936 944 2,352 1,954 2,022 701 1,581 1,189 477 248 2,465 1,958 1,526 745 9,255 222 298 409 151 137 187 400 148 25 277 92 183 269 480 135 247 !,t6 529 656 95 99 86 175 21 343 789 65 luu 25 632 201 62 544 140 205 108 451 329 272 115 281 202 33 54 225 397 294 108 $2,098 62 59 10 Fayette Franklin Frederick 153 77 Floyd 26 42 Fluvanna 15 29 Gravson 18 91 Greenbrier 58 02 Greene 14 69 Greenesville 1 66 Giles 52 08 Gilmer 29 36 Gloucester Gooclilaiul 75 02 Halifax 103 20 165 38 Hancock 8 38 51 90 Hardy 59 11 16() 49 Henrico 255 09 15 66 Highland 9 95 3 96 Jackson ' 50 96 3 26 Jefferson 42 50 208 05 KiuK George 1 83 2 38 King William Lee . . ■. I'^o 87 41 40 Logan 94 02 Louisa 22 26 79 11 Madison 6 00 103 82 Marshall 59 93 70 34 Matthews 125 57 Mercer « 64 46 3 68 McDowell 8 82 Monroe 43 36 143 89 62 41 Morgan Carried forward 69,004 11,392 $2,706 86 z y m [Doc. No. 8.] NAME OF THE COUNTY AND CORPORA- TION. Total number o wliite male in liabitants ovei 21 years of afrt not exempt from taxation for 1858. -Number of white males over 21 years of age returned de- linquent for non - payment of capitation tax for ]^.^-.. Amount of tax on per s o n a 1 property r e - turned delin- quent for the non - payment thereof for the year 1858. Brought forward Nanseniond • 69,004 1,148 1,228 471 1,095 3,247 634 , 709 518 1,019 3,683 1,298 1,372 373 1,097 2,344 3,183 779 572 946 692 976 1,314 736 1,042 656 928 1,023 679 1,140 898 1,143 2,588 3,916 1,635 1,024 2,678 1,774 1,554 1,206 1,293 511 703 1,322 2,101 241 1,131 1,186 858 147 2,531 192 196 "43 209 1,322 117 85 61 89 1,125 190 .224 lis 62 243 457 46 50 112 69 36 238 163 129 72- 80 286 152 150 131 172 645 151 305 244 430 390 469 117 830 80 62 287 481 18 91 192 189 23 504 |;2,706 86 20 79 Nelson 14 93 New Kcut 24 47 Norfolk Couiitv 335 76 Nortlianipton 19 37 Nortluiniberland 15 00 Nottoway 20 00 Orange 13 93 Ohio 87 08 Page 44 12 Patrick 34 21 Pleasants 25 57 Pendleton 20 57 Preston 64 34 89 29 Pocahontas 10 32 Powliatan prince J^dward 17 69 48 94 6 40 Princess Anne 24 29 30 94 Pulaski 33 13 Putnam 27 42 Ralei-h 21 36 30 92 Rappahannock 37 48 Richmond 40 54 Ritchie 41 54 40 98 Roanoke. 43 01 140 48 Rockingham 88 42 101 60 8taflbrd 40 iS 92 10 Scott 79 53 192 08 Southampton 56 04 Surry 17 08 6 85 92 64 Tavlor 110 31 Tucker 3 50 Tvler 32 00 Upshur 31 57 19 03 Warwick 80 32 Carried forward 65,338 11,631 $2,467 82 [Doc. No. 8.] NAME OF THE COUNTY AND CORPORA- TION. Brought forward. Wayne ; . . . . Westmoreland Wetzel Wirt Wise Wood Wyoming Wythe York Danville Norfolk City Petersburg , Richmond City Williamsburg Total number of wliite male in- habitants over 21 years of age not exempt from taxation for 1S58. 65,338 1,163 713 1,128 030 711 2,153 415 2,000 489 230 1,571 1,832 3,591 137 202,357 Nnmber of white males over 21 years of age returned de- linquent for non - payment of capitation tax for 1S5S. 'll7 175 141 83 43 538 69 633 86 49 545 552 1,770 37,230 Amount of tax on pers o n a i property r e - turned delin- quent for the non - payment thereof for tlie year 1S58. $2,467 82 39 43 6 22 22 79 17 12 31 47 119 19 18 10 85 59 15 81 26 55 12 66 482 85 957 24 $9,208 52 The capitation tax on the 37,230 persons delinquent for the year 1858, amount to $29,784, which, together with the taxes on personal property, amount to $38,992 52. [Doc. No 8.] TABLE Showing the aggregate number of persons over twenty-one years of age, who were assessed with a capitation tax for the year 1857, and the nimibcr returned delinquent for the non-payment of said tax. Showing also the rate, per ceiit. of delinquency hi the whole State, and of each grand division of the State: Whole number of persons over twenty-one years of age, assessed with a capitation tax for the year 1857, 199,307 Number of delinquents for that year being 18.59 per cent, upon the whole number assessed, 37,059 Number who pay tax, 162,248 BY districts: Number in Tide- Water district, 43,921 Dehnquent 23.79 per cent. 10,451 Number who pay tax, 33,470 Number in Piedmont district, 46,519 Dehnquent 15.59 per cent. 7,253 Number who pay tax, 39,366 Number in Valley district, 34,541 Delinquent 15.80 per cent. 5,459 Number who pay tax, 29,082 Number in Trans- Alleghany district, 74,326 Delinquent 18.69 per cent. 13,896 Number who pay tax, 60,430 I V5 [1)0C. NO. X.] REPORT FROM THE COMMITTEE APPOIIVTED TO UVQUIRE WHETHER ANY MOVEMENT OF ARMS OR MEN HAS BEEN MADE, BY THE GENERAL GOVERNMENT, TO ANY % fOIT OB Mil II i HIBIK IFi VIBMIl INDICATING A PURPOSE FOR ATTACK OR COERCION, AND ACCOMPANYING DOCUMENT. [Doc. No. 10.] S REPORT. The committee to whom was referred a resohition with in- structions "to inquire and report as speedily as practicable, whether any movement of arms or men, has been made by the General Government to any fort or arsenal in or bordering upon Virginia, indicatmg a preparation for attack or coercion," beg leave to report: That, from information derived from such sources as were accessible to Iheiii, they are of opinion, that there has been no movement of arms or men by the General Government, with any purpose of attack or coercion. In regard to fortress Monroe, there is no doubt that since the first of January last, it nas been put in a better condition for de- fence, against attack from all quarters, than at any time before. Guns have been mounted upon the lond side, pointing inland, a portion of the fort, which was before comparatively unpro- tected, and increased vigilance has been exercised in and around the fort. It was in evidence before your committee, that the practicability of taking this fort, in certain contingencies, had been discussed, in the neighborhood, and they are of opinion, that nothing has been done by those in command of the fort, which might not be regarded by them as proper measures of protection on their part. Your committee have been informed by the war department at Washington, that within the period supposed to be alluded to there has been no increase of the public arms, in the arsenal in Virginia, nor any transfer of them from one point to another, in the kState, except one hundred muskets, sent from Harper's Ferry to Fort Monroe, to supply a deficiency, and some weeks since, a company of troops was withdrawn from the latter place, with a view of reinforcing a Southern fort. It also appears, from information satisfactory to your commit- tee, that a company of recruits, consisting of fifty men, were removed some months ago, from Carlisle Barracks, to Harper's Ferry, to act as a guard, in the event of an attack, which the superintendent has just grounds to apprehend, was contemplated 4 [Doc. No. 10.] by persons not residing in Virginia, or sympathizing with the South. It will be seen, from a letter herewith filed, and addressed by the Secretary of War to your committee, that no other move- ment of troops has taken place in Virginia within the last twelve months, than those herein specified. WILLIAM M. TREDWAY, Chairman of the Committee. [Doc. No. 10.] War Department^ ") February 27, 1S61. 5 Sir, — In reply to yonr note of yesterday's date, communi- cating a resolution of the Convention of the State of Virginia, directing an inquiry whether '^ any movement of arms or men has been made by the General Government to any fort or arsenal in or bordering upon Virginia, indicating a preparation for attack or coercion." I have the honor to state that no such movement has taken place, nor has any such been contemplated. Within the period supposed to be referred to, there has been no increase of the public arms in the arsenal in Virginia, nor any transfer of them from one point to another, in the State, except one hun- dred muskets sent from Harper's Ferry to Fort Monroe to supply a deficiency. Some months ago a ci'impany of recruits was ordered from Carlisle Barracks to Harper's Ferry, for the protec- tion of the establishment against an apprehended attack from disorderly persons. This was done upon the request of jNIajor Barbour, the superintendent. Some weeks since, a company of troops was withdrawn from Fortress ]Mouroe, with a view of re- inforcing a Southern Fort, but not flir any purpose of attack or coercion. These are the only movements of troops which have taken place in Virginia within the last twelve months. Very respectfully, Your obedient servant, J. HOLT, Secretary of War. [DOC. NO. XL] COMMUISriCATION FROM THE EXECUTIVE OF THE COMMONWEALTH, TRANSMITTING A REPORT FROM THE COMMISSIONERS APPOINTED TO REPRESENT THIS COMMONWEALTH, IN THE CONFERENCE WHICH CONVENED IN WASHINGTON CITY, ON THE 4TH DAY OF FEBRUARY, 1861. [Doc. No. 11.] Executive Department, March 6th, 1861. Gentlemen of the Convention : In obedience to the requirements of the fourth resolution of the series, adopted by the General Assembly on the 19th day of January last, I communicate herewith a report from the com- missioners appointed to represent this Commonwealth in the Conference which convened in Washington City on the 4th day of February last. The report was delivered to me last evening. Respectfully, JOHN LETCHER. [Doc. No. 11.] COMMISSIONERS' REPORT. To his Excellency John Letcher, Governor of Virginia : The undersigned Commissioners, in pursuance of the wishes of the General Assembly, expressed in their resolutions of the 19th day of January last, repaired in due season to the City of Washington. They there found, on the 4th day of February, the day suggested in the overture of Virginia for a Conference with the other States, Commissioners to meet them from the fol- lowing States, viz: Rhode Island, New Jersey, Delaware, Mary- land, New Hampshire, Vermont, Connecticut, Pennsylvania, North Carolina, Oiiio, Indiana, Illinois and Kentucky. Subse- quently, during the continuance of tlic Conference, at different periods, appeared likewise Commissioners from Tennessee, Massachusetts, Missouri, New York, Maine, fowa, and Kansas; so that, before the close, twenty-one States were represented by Commissioners, appointed either by the Legislatures or Gover- nors of the respective States. The undersigned communicated the resolutions of the General Assembly to the Conference, and both before the committee, ap- pointed to recommend a plan of adjustment, and the Conference itself, urged the propositions known as the Crittenden resolu- tions, with the modifications suggested by the General Assembly of Virginia, as the basis of an acceptable adjustment. They were not adopted by the Conference, but in lieu thereof, after much discussion and the consideration of many proposed amendments, an Article with seven sections, intended as an amendment to the Constitution, (a copy of which Article is hereto adjoined,) was adopted by sections, (not, under the rules, being voted on as a whole,) and by a vote of the Confer- ence, (not taken by States) was directed to be submitted to Congress, with the request that it should be recommended to the States for ratification, which was accordingly done by the President of the Conference. The undersigned regret that the Journal, showing the pro- ceedings and votes in the Conference, has not yet been pub- lished or furnished them, and that consequently they are not 6 [Doc. No. 11.] able to present it with this report. As soon as received , it will be communicated to your Excellency. In the absence of that record, it is deemed appropriate to state that on the final adop- tion of the first section, two of the States, Indiana and Missouri, did not vote, and New York was divided, and that the vote by States was — Ayes 9, Noes 8 — Virginia, by a majority of her Commissioners, voting in the negative. The other sections were adopted by varying majorities, (not precisely recollected,) and on the 5th and 7 th sections, the vote of Virginia was in the negative. The plan, when submitted to Congress, failed to receive its recommendation; and as that body, having adjourned, can take no further cognizance of it, the undersigned feel the contingency has arrived on which they are required to report, as they hereiri do, the result of their action. Respectfiilly, JOHN TYLER, G. W. SUMMERS, V^. C. RIVES, JAMES A. SEDDON. [Doc. No. 11.] ARTICLE XIII. Section 1. In all the present territory of the United States, north of the parallel of thirty-six degrees and thirty minutes of north latitude, involuntary servitude, except in punishment of crime, is prohibited, hi all the present territory south of that line, the status of persons held to service of labor, as it now ex- ists, shall not be changed; nor shall any law be passed by Con- gress or the Territorial Legislature to hinder or ])rcv^ent the taking of such persons from any of the States of this Union to said territory, nor to impair the lights arising from said relation j but the same shall be subject to judicial cognizance in the fede- ral courts, according to the course of the conmion law. When any territory north or south of said line, within such boundary as Congress may prescribe, shall contain a population equal to that required for a member of Congress, it sliall, if its form of government be republican, be admitted into the Union on an equal footing with the original States, with or without involun- tary servitude, as such constitution of the State may provide. Section 2. No territory shall be acquired by the United States, except by discovery and for naval and commercial sta- tions, depots, and transit routes, without the conciUTence of a majority of all the Senators from States which allow involuntary servitude, and a majority of all the Senators from States Avhich prohibit. that relation; nor shall territory be acquired by treaty, unless the votes of a majority of the Senators from each class of States herein before mentioned be cast as a part of the two-third majority necessary to the ratificatton of such treaty. Section 3. Neither the Constitution, nor any amendment thereof, shall be construed to give Congress power to regulate, abolish, or control, within any State of the United Stales, the re- lation established or recognized by the laws thereof touching persons held to labor or involuntary service therein, nor to in- terfere with or abolish involuntary service in the District of Co- lumbia without the consent of IMaryland and without the con- sent of the owners, or making the owners who do not con- sent just compensation; nor the power to interfere with or pro- hibit representatives and others from bringing with them to the Districtof Columbia, retaining and taking away, persons so held to labor or service, nor the power to interfere with or abolish in- voluntary service in places under the exclusive jurisdiction of the United States within those States and Territories where the same is established or recognized; nor the power to prohibit the remo- val or transportation of persons held to labor, or involuntary ser- vice iu any State or Territory of the United States to any other 8 [Doc. No. 11.] State or Territory thereof where it is estabhshed or recognized by law or usage; and tlie right during transportation, by sea or river, of touching at ports, shores and landings, and of landing in case of distress, shall exist, but not the right of transit in or through any State or Territory, or of sale or traffic against the laws thereof Nor shall Congress have power to authorize any higher rate of taxation on persons held to labor or service than on land. The bringing into the District of Columbia persons held to la- bor or service for sale, or placing them in depots to be afterwards transferred to other places for sale as merchandise, is prohibited. Section 4. The third paragraph of the second section of the fourth article of the ConstitutiOTi shall not be construed to pre- vent any of the States, by appropriate legislation, and through the action of their judicial and ministerial officers, from enforcing the delivery of fugitives from labor to the person to whom such service or labor is due. Section 5. The foreign slave trade is hereby forever prohi- bited; and it shall be the duty of Congress to pass laws to pre- vent the importation of slaves, coolies, or persons held to service or labor, into the United States and the Territories from places beyond the limits thereof Sectiox 6. The first, third and fifth sections, together with this section of these amendments, and third paragraph of the second section of the first article of the Constitution, and the third paragraph of the second section of the fourth article there- of, shall not be amended or abolished without the consent of all the States, Section 7. Congress shall provide by law that the Uniied States shall pay to the owjier the full value of his fugitive from labor, in all cases where the marshal, or other officer, whose duty it was to arrest such fugitive, was prevented from so doing by violence or intimidation from mobs or riotous assemblages, or when, after arrest, such fugitive was rescued by like violence or intimidation, and the owner thereby deprived of the same; and Congress shall provide by law for securing to the citizens of each State the privileges and immunities of the several States. [DOC. NO. XIL] coiMMUisrio^Tioisr FROM HoiT. JOHIT W. BROCKENBROUGH, ADDRESSED TO HON. JOHN TYLER, EX-PRESIDENT OF THE UNITED STATES, AND HON. GEORGE W. SUMMERS. [Doc. No. 12.] JUDGE, BPtOCKENBROUGH'S LETTER. Washington, March 2, 1861. The Hon. John Tyler, cx-Prcsidetit of the United States, and Hon. George W. Summers: Gentlemen, — I beg leave to address you, as two of the Com- missioners representing the State of Virginia in the late Peace Conference at Washington, and also as members of the State Convention, now sitting at Richmond, and to state, as briefly as I can, my views in reference to the results of that Conference. The act of the General Assembly of Virginia which originated the Conference, declares the patriotic purposes which impelled the Legislature in resorting to this extraordinary mode of adjust- ing the unhappy controversy which now divides the States of this Confederacy, and declares that unless it be satisfactorily adjusted, "ajiermanent dissolution of the Union is inevitable; and the General Assembly, representing the wishes of the people of this Commonwealth, is desirous of employing every reasonable means to avert so dire a calamity, and determined to make a final effort to restore the Union and the Constitution in the spirit in Avhich they were established by the fathers of the llepubh'c." The act further declared the opinion of the General Assembly to be, that the resolutions submitted to the Senate of the .United States by Mr. Crittenden, with several specified modifications, constitute the basis of such an adjustment of the controversy as would be accepted by the people of Virginia. The plan of adjustment agreed upon by a majority of the Con- ference differs in many important particulars from the scheme of Mr. Crittenden. The main difliculty we had to contend with in the Conference, was in a satisfactory adjustment of the Territo- rial question. The Crittenden plan distinctly recognizes slavery of the African race south of latitude 30° 30^ as existing, and pre- cludes (congress from interfering therewith: and declares that it shall he protected as pj'operty by all the departments of the terri- torial government during its continuance. The Conference plan contains no suclr recognition, eo nomine, but declares that "the status of persons held to involuntary service or labor, as it now exists, shall not be changed: nor shall any law be passed by 4 [Doc. No. 12.] Congress or the Territorial legislature to hinder or prevent the taking of such persons from any of the States to said territories, nor to impair the rights arising from said relation; but the same shall be subject to judicial cognizance in the federal courts, ac- cording to the course of the common law." Whether this provision is substantially equivalent to the cor- responding clause of the Crittenden plan is a question of inter- pretation. The language of the latter is clear and perspicuous; of the former, vague and ambiguous. Whatever the true con- struction of it be, it is a most weighty objection to it, that it admits of various interpretations. The rights arising from the relation of master and slave are expressly recognized, and the Federal Courts are required to take cognizance of them; but neither the Executive nor Legislative department is, m terms, required to protect them. Its advocates in the Conference in- sisted that while the rights arising from the relation are referred to the judicial determination of the courts, the recognition of them in the article, by a just implication, imports that it is the duty ol' the Legislature to afford them ample protection by posi- tive enactment of laws necessary to accomplish the end. If this be the proper construction of the clauses, and in my opinion it is — the guarantee of protection of the rights of property in slaves in the territories is equivalent to that contained in the Crittenden scheme. But we have to resort to implication to deduce it. The terms employed, the secure protection of the rights growing out of the relation of master and slave are nega- tive only; they shall not be changed, or the introduction of slaves hindered, or the rights of the master impaired by legisla- tion. No duty is prescribed to hedge them around with proper enactments. It is for this reason that I made a most strenuous effort to amend the section by interpolating the words — "and it shall be the duty of the territorial Government, in all its depart- ments, to protect the rights arising from said relation." The effort was repeatedly and most earnestly made. It was ineffec- tual, but it is fair to say that the sense of the Conference was not tested on this particular question — the consideration of the amendment being precluded by the ruling of the chair, that the section was not then amendable. The rights of the master are made subject to judicial cogni- zance accoi'ditia^ to the course of the common lav)! How far can the courts afford protection to the rights of the master to his slave, according to the course of the common law? Where legal rights exist, that most wise and flexible system of law known as the common law always supplies the appropriate remedies lor their enf ircement. The invasion of a riglit is an injury, for the redress of which a suitable remedy was always afforded; for the common law knows no such anomaly as a wrong without a [Doc. No. 12.] 5 remedy. Any civil injury, therefore, to tlie rights growing out of the relation of master and slave would be redressed, accord- ing to the course of the common law, by supplying the appro- priate remedy of detinue, trover, case, 6cc. It is said that at common law, slavery was not recognized — that at common law, man could not have properly in man; and the celebrated Som- erset case, and the late Anderson case are cited, in su])port of the proposition; to which mav be added the imposing authority of W. H. Seward himself 2"Seward's Works, vol. 11, p. 453-4. I3ut the common law is not retcrred to here to determine rig/iifi, but simply to furnish i-emedics for injuries to rights recognized by the section in explicit terms. The princij)le that rights always draw after them at common law the remedy for injuries to those rights, does not apply to public v/rongs or crimes. These are not pmiishable until defined and appropriate penalties denounced either by the common law or by statute. But we cannot look to the common law as a source of criminal jurisdic- tion in the Federal Courts where those rights are made cogniza- ble, for those tribunals have no such jnri&diction, and can only take cognizance of crimes specially created or defined by sta- tute. Statutes prescribing police regulations are indispensable in a slaveholding country; but the duty of enacting them is not enjoined by this section, unless it be iniplied from the recogni- tion of the rights arising from the relation of master and slave. Is it a fair implication from the language of this section, that it is the duty of the territorial Legislature of New Mexico to pro- tect the rights of slave owners by all proper enactments? In my judgment, it admits of no odier fair or reasonable construction. There is much circumlocution to avoid the use of the terms ''slaves" and "slavery"; but the sto^w5 of persons held to in- voluntary service or labor there, is that of slavery, and the per- sons so held are slaves: that status — that is, the state or condi- tion of slavery shall not be changed, nor the importation or introduction of such persons from any of the States prevented, nor the rights arising from such relation impaired. They would be impaired without proper legislation for their protection, and the duty of such protection may therefore be inferred, since the failure to legislate may as effectually impair the rights recog- nized, as positive hostile legislation. But, in point of fact, there is no necessity fu" such legislation in New Mexico. It exists already in very ample measure, as I learn from undoubted au- thority. The status of such persons, as it now exists, is recog- nized as a status of slavery, and of slavery only; the rights of the niaster are already fully protected by law, and to repeal those laws would be a clear violation of the spirit and very words of this section, as it would certainly impair, most proba- bly destroy, those rights. Upon every sound principle of inter- 6 [Doc. No. 12.] pretation, I think that, the rights of the master to his slaves, as property, are protected by this section. The second section introduces a new, and as I think, valua- ble principle. So far as the acquisition of future territory is concerned, it creates a dual Senate, by an equal partition of power between tfie two sections of the Senate. This is a prac- tical guarantee of equal power to the weaker section, by which the South can exclude any future territory, if the conditions of its admission are disadvantageous to her. But the Northern section may equally check-mate her, in her attempts to acquire future territory. True, but the only territory south of 36° 30^ which can be hereafter acquired, is Cuba and the Northern part of Mexico. Cuba is a slaveholdmg island already, and its great resources can only be developed by slave labor. The North is more eager to possess it than the South. If any portion of Mex- ico is hereafter acquired, it will be on the principle of a fair and equitable partition of the territory between the sections. This section was approved by four of the Commissioners from Virginia. The third section embodies, substantially, I think, the provi- sions of the second, third and iburth sections of the Critenden plan. It prohibits Congress from interfering with slavery within any Stats or Territory; or in the District of Columbia, without the consent of Maryland and of the owners, or making the owners just compensation; or with representatives or others bringing slaves for personal service with them aud taking them away; or in places within the exclusive jurisdiction of the United States within those States and Territories wlipre slavery exists; or the removal or transportation of slaves from one State or Ter- ritory to any other where slavery exists; or the right during transportation, by sea or river, of touching at ports, shores and landings, and of landing in case of distress. The right o^ transit through States where slavery does not exist, is not conferred. The provision that no higher rate of taxation shall be imposed on slaves than on land is of some value to the South. The section prohibiting the Ibreign slave trade by constitu- tional amendment is objectionable, simply because it was wholly unnecessary. Even the confederated States of the South now constituting an independent government of slave States, de facto, \i not de jure, have prohibited this traffic. The advo- cates for re-opening it in any one of the border slave States are very few, and there was no sort of necessity for interpolating this provision, which had no connection with the pending con- troversy, into this scheme of adjustment. The seventh and last section of the Conference scheme is very much less satisfactory than the corresponding one in Mr. Crittenden's plan. Each provides for the payment of the full [Doc. No. 12.] 7 value of fugitive slaves by the United States in all cases where the officer charged with the duty of making the arrest is pre- vented from so doing by violence or intimidation, or when after arrest, tlie slaves are rescued. But the former is defective in not providing for reimbursement to the United States by cloth- ing it with power to impose and collect a tax on the county or city where the outrage was conmiittcd equal to the principal, in- terest and costs, as is provided in the Crittenden resolutions. There is a double advantage in this feature. In the first place it is more just and equitable to cast the burthen on those who committed the wrong than upon the public treasur}^ The South is thus made, by its omission in the Conference scheme, to pay its full proportion of a charge resulting from a wrong committed against herself. But by far the most important con- sideration is, that such a requirement would tend powerfully to restrain such wicked outrages by making it the interest of the offending locality to suppress all mobs and riotous assemblages, to rob and plunder the citizens of the South for no other cause than asserting an undoubted constitutional right. I have thus endeavored to run a parallel between the two plans of adjustment. On the whole, it is clear that the Critten- den plan is far preferable to that of the late Peace Conference. It is unnecessary to say how earnestly, yet ineffectually, we strug- gled to come up to the very letter of our commission by obtain- ing an adjustment on the basis of the former plan, and in every variety of form. We were uniformly voted down by that inex- orable majority! At lengthj all rival scliemes being rejected, the naked question came up of the adoption or rejection of the present Conference scheme. The vote was by sections, and Virginia voted against the most important sections, particularly the first and seventh of the series; and they were all adopted seriatim. It was supposed that, as a matter of course, the vote would be taken u])on the scheme as an entirety, and I then an- nounced to one of you that after the most anxious deliberation I had come to the conclusion that, distasteful as the scheme was to me, I felt it to be my duty to cast a representative vote and sustain the measure as a whole. I was convinced that Western Virginia, which I in part represented, would so have voted by an immense majority, if her voice could be heard within that hall, and, acting under that strong conviction, I would have done homage to that great principle of representative govern- ment which demands that the representative yield his individual sentiments and give utterance to those of his constituents. But no vote was taken on the plan, as a whole, the Chair having ruled that each section being successively adopted, the entire plan was adopted, and no further vote was necessary or admissible under the parliamentary rule. 8 [Doc. No. 12.] The most solemnly momentous issue that ever agitated the councils of our dear old Commonwealth is now fairly made up and must soon find its solution in the deliberations of the Con- vention now assembled to give expression to her sovereign will. My earnest prayer is that true wisdom may conduct her safely and honorably out of this great crisis. Every loyal son of hers awaits the issue with intense solicitude, and for myself I will say that my destiny is bound up indissolubly with hers ! I am, gentlemen, most cordially, Your friend, JOHN W. BROCKENBROUGH. [DOC. NO. xni.] KEFORT OF THE COMMITTEE TO CONFER WITn TflE EDITORS OP TjIE RICfl^DND ENIiUIRER TO ASCERTAIN WHETHER THE PROCEEDINGS OF THE COXYENTIOX COULD BE I PUBLISHED UPON A SEPAEATE SHEET WITHOUT ANY OTHER MATTER. [Doo. No. 13] REPORT. The undersigned, committee appointed to ascertain whether the Debates of the Convention could ho puhh'shed on sheets containino; no other matter, report: that in discharge of their duty tliey handed to one of the proprietors of the Enqvirer the following communication: Resoh-cd, That a committee of three be appointed to confer with the editors of theRichnKUid i?///?///^/-, to ascertain whetfier the proceedings of this Convention conld be published upon a separate sheet, without any other matter. The Conmiitlce appi^iiited under the firegoing resolution deem it desirable that the JJeI)ates of ilie Convention should bo primed in a more convenient f<)rm lor binding and reference than now. They, therefore, in furdierance of the duty assigned them by the resolution aforesaid, submit the following inquiries to the proprietors of the Enquirer: 1. On what terms would the proprietors of the Enquirer sub- stitute f 'r their present contract for priming of the debates an agreement to print them on sheets without any other matter, in a form more convenient for binding and reference? 2. On what terms would they .substitute fir tlic twenty copies of the Senu-Weekly Enquirer, now furnished niendiers of llio Convention, the s;une number of copies of the Debates of the Convention made up from the colnnms of the Enquirer, and printed upon the same paper, folded into octavo form, with three colmnns on each page, each copy to be stitched, and to contain no other matter but die said Debates? What would be the cost of copies above the number of twenty to each mendier? 3. On what terms would they substitute f)r the twenty copies of the Enquirer now furnished each member of the (Jonvention, twenty copies of an extra sheet of the Z:/\r/;///7'/- containing no other matter than the Debates of the Convention, the said extra 4 [Doc. No. 13.] to be printed whenever there is matter enough to fill a sheet of the Enquirer paper? What would bs the cost per copy of a greater number than twenty to each member? Signed, JOHN N. HUGHES, W. C. WICKHAM, G. W. RICHARDSON, Commitlee. That in response thereto they received a commnnicatinn from the proprietors of the Enquirer, decliiiiiig to make any ahoraiion whatever in tlKur ]>reseiit contract, hut proposing to " furnis'i in addiiion to tlie twenty Semi W'cekhes, which tlic contract calls for, upon the terms of the present contract, loillinut additional charge for composition, and re[)'")rting any nnmhor of copies of a separate sheet, without any other matter, whicli th-.'. Convention may order." Your committee compute the cost of twenty copies to each meiidier, if the puhlication is deferred until niaicrial enough is fm-nished to fill a sheet of th<^ Enquirer paper, at about one hundred dollars per week, allowing sixty-four columns per weeic, as the average amonnt of matter, ajid exclnding from calculation any allowance for folding and wrapping, which would increase the cost by the snm of one hundred and twenty-one dollars and sixty cents per week. Inasmuch as many members of the Convention disapprove of the character of some of the "other matter" that under the ex isting arrangement accompanies the Debates, the cormiiittee re- commend the ado])lion of the following resolution: Resolved, That the cimmittee appointed on printing the De- bates on separate sheets be directed to endeavor to contract with the proprietors of the Enquirer to furnish each raeml»er of the Convention witli twenty copies of the debates from their com- mencement, to be printed in accordance with and on the terms indicated in their report, provided that no contract shall be made for folding and wrapping tiie same; and if they can obtain such contract, it shall be submitted to the Convention f)r its action. JOHN N. HUGHES, Chairman. [DOC. NO. XY.l COMMUNICATION FROM A COMMITTEE ON BEHALF OF THE CONFERENCE CONVENTION OF MARYLAND. [Doc. No. 1.5.] COMMUNICATION. To the Honorable, the President of the Convention of the people of Virginia: The undersigned, citizens of Maryland, have been appointed a committee on behalf of a Conference Convention, representing a portion of the citizens of the City of Bahimore, and of nearly all the counties of Maryland, to communicate with the Conven- tion over which you preside, in reference to a matter in which they deem themselves deeply concerned, and which is now oc- cupying the attention of your body. It is upon the subject of the proposed Conference with the 8onthern Border States. It is especially to be understood, that in anything we may say, there must be no inference that this particular measure, or any other is, in our judgment, or in the opinion of those persons whom we represent, to be preferred. VVe entirely disclaim any purpose even to suggest what wonld be the judgment of our constituents, did the occasion make it proper to express it. Onr design is solely to invite the attention of the Convention to the importance of one particular consideration, if and when the pro- posed Conference shall be found acceptable to your Convention. In that event, (believing, as those whom we represent have in- strncted us to say, they do believe,) that the people of Maryland will accept such an invitation, it becomes, as we respectfully suggest, a matter of equal interest to each and all of the South- ern Border States, to secure, as far as it may be done, a full, fair and accurate expression of the popular will, in such form as to leave no doubt either of its character, or of the authority of those who may be selected as its agents and representatives. The proposition before your body requires the delegates to the Conference to be selected by the '^proper authorities of those States." If any existing organized department of the Government of Maryland shonld attempt the selection of delegates to such a Convention as is proposed, it would undoubtedly be resisted by the people, and, in that event, conflicting claimants wonld pre- 4 [Doc. No. 15.] sent themselves as rightful exponents of the popular sentiment, duly entitled to be received as such. Our sole object is to avoid, by the terms of the invitation, all occasion for such collision; and, with this view, we respectfully suggest such an alteration in the language of your resolution as will express its object to be, that delegates to the proposed Con- vention shall be elected, eitlier directly by tlie people, or through the agency of a sovereign State Convention. In the hope and expectation that this request will be favorably considered by your Convention, we have the honor to be, very respectfully, your obedient servants, W. MITCHELL, E. F. CHAMBERS, WILLIAM HENRY NORRIS, ISAAC D. JONES, J. HANSON THOMAS. [DOC. NO. XYL] COMMUNICATION FROM THE EXECUTIVE OF THE COMMONWEALTH, TRANSMITTING COMMimCATIOSS FROM THE PRESIDENT OF THE STATE CONVENTION OF -A-IIKA.NSA.S, [Doc. No. 16.] Executive Department April 8, 1861 '} Gentlemen of the Convention: On Saturday evening last, I received two communications from Honorable Uavid Walker, President of the State Conven- tion of Arkansas, enclosing an Ordinance and Resolutions adopted by the Convention, on the 20th day of March, 1861. On an examination of the resolutions, it will be seen that they were intended to be laid before the General Assembly, but as that body has adjourned, and as the matters to which they re- late are under consideration in your honorable body, I have deemed it my duty to transmit them to you, for such disposition as you may think proper to make of them. Respectfully, JOHN LETCHER. [Doc. No. 16.] Little Rock, March 29, 1S61. To his Excellency John Letcher, Governor of the Slate of Virginia: Sir, — By the fifth of the series of resohitions which I have the honor herewith to transmit to you, and which were adopted by the State Convention of Arkansas, on the 20th day of March, 1S61, I have respectfully to request that your Excellency will inform me, as soon as convenient and practicable, what action your State has taken or proposes to take in reference to the pro- position to hold a Border Slave State Convention, at Frankfort, Kentucky, or elsewhere, during the coming spring or summer. This information is sought with a view to guide the action of the Conunissioners or Delegates elected by the Convention of the State of Arkansas to said Convention or Conference of the Border Slave States, should one be held. I trust your Excellency will furnish the desired information at your earliest convenience. My post office address is, Fayetteville, Washington County, Arkansas. Very respectfully, Your obedient servant, DAVID WALKER, Pi-esH of the State Convention of Arkansas. By E. C. Boudijvot, Secretary. [Doc. No. 16.] Little Rock, Arkansas, ") March 28, 1861. 5 His Excellency John Letcher, Governor of the State of Vh'ginia: Sir, — In accordance with the second resolution of the series herewith enclosed, I have tlie honor to present to you the action of the Convention of tlie people of the State of Arkansas, on the subject therein treated of, and respectfully request that you will place it before yoi?r Legislature, at the earliest convenient moment. I would be pleased to hear from your Excellency, touching the political affairs of the country, and of the proposed reme- dies, for existing evils. My post office address is, Fayetteville, Washington county, Arkansas. Very respectfully. Your obedient servant, DAVID WALKER, President. Bt/ E. C. Boudinot, Secretary. [Doc. No. 1(5.] IIESOLUTIONS Passed by the Convention of the People of Arkansas, on thi 20th day of March, 1861. We, the people of the State of Arkansas, iti Convention as- sembled, in Aaew of the unfortunate and distracted condition of our once happy and prosperous country, and of the alarming dissensions existing between the Noithcrn and Southern sec- tions thereof, and desiring that a fair and equitable adjustment of the same may be made, do hereby declare the following to be just caitses of complaint on the part of the people of the South- ern States against their brethren of the Northern, or non-slave^ holding States: 1. The people of the Northern States have organized a poli- tical party, purely sectional in its character, the central and controlling idea of which is hostility to the institution of African slavery, as it exists in the Southern States; and that party has elected a President and Vice President of the United States, pledged to administer the Government upon principles inconsist- ent with the rights and subversive of the interests of the South- ern States. 2. They have denied to the people of the Southern States the right to an equal jiarticipation in the benefits of the common Territories of the Union by refusing them the same protection to their slave property therein that is afforded to other property, and by declaring that no more slave States shall be admitted into the Union. They have, by their prominent men and lead- ers, declared the doctrine of the irrepressible conflict, or the as- sertion of the principle that the institution of slavery is incom- patible willi freedom, and that both cannot exist at once; that this continent nuist Ije wholly free or wholly slave. They have, in one or more instances, refused to surrender negro thieves to the constitutional demand of tlie constituted authority of a sove- reign State. 2 10 [Doc. No. 16.] . 3. They have declared that Congress possesses, under the Constitution, and ought to exercise, the power to abolish slavery in the Territories, in the District of Columbia, and in the forts, arsenals and dock-yards of the United States, within the limits of the slaveholding States. 4. They have, in disregard of their constitutional obligations, obstructed the faithful execution of the fugitive slave laws by enactments of their State Legislatures. 5. They have denied the citizens of Southern States the right of transit tjirough non-slaveholding States with their slaves, and the right to hold them while temporarily sojourning therein. G. They have degraded American citizens by placing them upon an equality with negroes at the ballot-box. To redress the grievances hereinbefore complained of, and as a means of restoring harmony and fraternal good will between the people of all the States, the following amendments to the Constitution of the United States are proposed: 1. The President and Vice President of the United States shall each be chosen alternately from a slaveholding and non- slaveholding State; but in no case shall both be chosen from slaveholding or non-slaveholding States. 2. In all the territory of the United States now held, or which may hereafter be acquired, situate north of latitude 36° 30' slavery, or involuntary servitude, except as a punishment for crime, is prohibited while such territory shall remain under ter- ritorial government. In all the territory now held, or which may hereafter be acquired, south of said line of latitude, slavery of the African race is hereby recognized as existing, and shall not be interfered with by Congress, but shall be protected as property by all the departments of the territorial government during its continuance. And when any territory, north or south of said line, within such boundaries as Congress may prescribe^ shall contain the population requisite for a member of Congress, according to the then lederal ratio of representation of the people of the United States, it shall, if its form of government be re- pubUcan, be admitted into the Union on an equal footing with the original States, with or without slavery, as the constitution of such new State may provide. 3. Congress shall have no power to legislate upon the subject of slavery, except to protect the citizen in his right of property in slaves. 4. That in addition to the provisions of the third paragraph of the second section of the fourth article of the Constitution of the United States, Congress shall have power to provide bylaw, and it shall be its duty so to provide, that the United States shall pay to the owner who shall apply for it, the full value of his fugitive slave in all cases when the marshal or other officer [Doc. No. 16.] 11 whose duty it was to arrest said fugitive was prevented from so doing by violence; or when, after arrest, said fugitive was res- cued by force, and the owner thereby prevented and obstructed in the pursuit of his remedy for the recovery of his fugitive slave under the said clause of the Constitution and the laws made in pursuance thereof. And in all such cases, when the United States shall pay for such fugitive, they shall have the right, in their own name, to sue the county in which said vio- lence, intimidation, or rescue was committed, and to recover from it, with interest and damages, the amount paid by them for said fugitive slave. And the said county, after it has paid said amount to the United States, may, for its indemnity, sue and recover from the wrong-doers or rescuers, by whom the owner was prevented from the recovery of his fugitive slave, in like manner as the owner himself might have sued and recovered. 5. The third paragraph of the second section of the fourth article of the Constitution shall not be construed to prevent any of the States from having concurrent jurisdiction with the United States, by appropriate legislation, and through the action of their judicial and ministerial officers, from enforcing the de- livery of fugitives from labor to the person to whom such ser- vice or labor is due. 0. Citizens of slaveholding States, when travelling through^ or temporarily sojourning with their slaves m non-slaveholding States, shall be protected in their right of property in such slaves. 7. The elective franchise and the right to hold office, whether federal, State, territorial or municipal, shall not be exercised by persons of the African race, in whole or in part. S. "^rhese amendments, and the third paragraph of the second section of the first article of the Constitution, and the third paragraph of the second section of the fourth article thereof, shall not be amended or abolished without the consent of all the vStates. That the sense of the people of the United States may be taken upon the amendments above proposed, Resolved by the people of Arkansas, in Convention assembled, That we recommend the calling of a convention of the States of the federal Union, at the earliest practicable day, in accordance with the provisions of the fifth article of the Constitution of the United States. 2. Resolved further. That the President of this Convention transmit to the President and Congress of the United States, and to the Governors and Legislatures of the several Slates, a copy of these proceedings. 3. Resolved further, That looking to the call of a national convention, as recommended in the first resolution above, this 12 [Doc. No. 16.] Convention elect five delegates to represent the State of Arkan- sas in such Convention. 4. Resolved further , That a committee of five delegates of this Convention be appointed to prepare an address to the people of the United States urging npon them the importance of a united effort on the part of the patriotic citizens of all sections and parties to save the country from the dangers which impend it, and which threaten its destruction, and, especially, to arrest the reckless and fanatical spirit of sectionalism North and South, which, if not arrested, will inevitably involve us in a bloody civil Avar. [Doc. No. 16.] 18 AN ORPINANCE AND RESOLl'TIONS Recommended by a Conference Committee, and passed by the State Convention, on Wednesday, March 20, 1S61. An ordinance to provide for holding an election in the State of Arkansas, for the purpose of taking the sense of the people of the State, on the question of ^^Cooperation'''' or "Secessioii.''^ Sec. 1. Be it ordained by the people of. the State of Arkan- sas in Convention assembled. That an election shall be held, in all the counties in this State, on Monday, the fifth day of Au- gust, 1861, at which tlie question of "Cooperation" or "Se- cession" shall be submitted to the people of this State; which election shall be hold and conducted, in all respects, in accor- dance with the laws of the State now in force, proscribing the manner of holding elections; Provided, that the sheriffs of the several counties shall be required to give at least thirty days notice of the time and places of holding said elections by adver- tisement thereof as required by law for ordinary elections. Sec. 2 Be it further ordained, That the ballots or tickets to be used in said election shall be indorsed "for cooperation" or *'for secession," from which ballots counts shall be made by the judges, and they shall ascertain how many votes are cast for. "cooperation" and how many are cast for "secession" at their respective precincts, and shall duly certify the result of said counts and make return thereof to the clerk of their respec- tive counties, who shall open and compare said returns as they arc now recpiired by law to open and compare other elections; and each clerk shall make an abstract of the vote of his county, upon the question of " secession" or "cooperation," and file the same in his olfice; and shall, also, at the same time, make out, under his seal, and deliver to the delegate or delegates from 14 [Doc. No. 16.] his county to this Convention, a copy of said abstract, to be re- turned by them to the office of Secretary of State, as hereinafter provided. Sec. 3. Be it further ordained^ That the delegates to this Convention shall be made special returning officers, to bring up the certified vote of their respective counties, on the question of '' cooperation" or "secession," to the office of the Secretary of State; which vote, from all the counties, shall be opened and counted by the Secretary of State, in presence of the Governor, auditor and treasurer, or any two of them, on Monday the nine- teenth day of August, 1861 ; and said officers, or any three of them, shall certify to the President of this Convention, when, the same shall be again convened, as hereinafter provided, the whole number of votes cast in the State "for cooperation," and the whole number of votes cast " for secession; " and, if from any cause, any delegate shall be unable to bring up the vote of his county, as herein provided, he shall have power, and it shall be his duty to appoint a special messenger to be the bearer of the same, in his stead; and if from any cause, there should be no delegate from any county, then the clerk of said county shall appoint a messenger to bring up the vote thereof. Sec. 4. Beit further ordained, That the delegates, or other messengers, who shall bring up the votes of the different coun- ties, shall receive the same mileage as is provided to be paid to returning officers by the act of the General Assembly calling this Convention. Sec. 5. Be it further ordained, That if it shall appear, when the result of said election shall be made known to this Conven- tion, that a majority of all the legal votes cast in the State have been cast for "secession," then, in that event, such vote shall be taken to be instructions to this Convention to pass an act of immediate secession, and the Convention shall at once pass an ordinance, dissolving the connection existing between the State of Arkansas and the Federal Government, known as "The United States of America;" but if a majority of all the legal votes have been cast for "cooperation," then this Convention shall immediately take such steps as may be deemed proper to further cooperation with the border, or unseceded, slave States, in efforts to secure a permanent and satisfactory adjustment of the sectional controversies disturbing the country. Sec. 6. Be it furtlier ordained, That the President of this Convention be, and he is hereby instructed to issue his procla- mation, Avithin ten days after the adoption of this ordinance, to the sheriffs of the several counties in the State, requiring them to hold an election, in their respective counties, in conformity to the provisions of this ordinance. Sec. 7. Be it further ordained^ That when this Conventian [Doc. No. 16.] 15 shall adjourn, it shall adjourn to meet on the 19th day of Au- gustj 1861. Resolutions Adopted by the St.ate Convention, March 20, 1861. Whereas, The States of Virginia and Missouri, in Conven- tions assenihjed, have called upon the border slave States, to wit: Delaware, Maryland, Nortli Car<)lina, Tennessee, Kentncky and Arkansas, to unite with them in an effort to accomplish a satisfactory adjustment of the sectional differences which threa- ten ruin and destruction to onr once happy and prosperous Union; and whereas, the State of Yirginfu, through her Con- vention, has named the 27th day of May next, at Frankfort, Kentucky, as a suitable time and place for holding a Conference or Convention of said border slave Stales, f^r the purpose, if possible, cf determining upon a plan of adjustment which shall be fair and equitable to all the States; And whereas^ Tlie State of Missouri, animated by a like pa- triotic desire to obtain a speedy adjustment of our difficulties, has appointed commissioners instructed to represent her in such Border State Convention, at such time and place as may be agreed upon by two or more of said border slave States. Resolved J 1 . By the people of the State of Arkansas in Con- vention assembled, That we accede to the propositions of the States of Virginia and Missouri for the holding of a Convention of the border slave States, declaring it to be our desire and pur- pose to cooperate with said border States in an earnest etfo t to settle the unhapfiy controversies now distracting our councry, in the spirit in which the Constitution of our Union was originally framed and consistently with its principles, and in such a man- ner and upon such a basis as shall secure to the people of the Southern or Slaveholding States adequate guarantees of their rights. Resolved, 2. That, in accordance with the suggestion of the State of Virginia, we propose Frankfort, Kentucky, and the 27th day of May next, as a suitable place and time lor holding said conference or convention of the border slaves States. Resolved, 3. That this Convention elect five connmssioners or delegates, whose duty it shall be, when notified by the Presi- dent oi this Convention, that a majority of said border slave States have acceded to the proposition of the States ol' Virgmia and MissiHjri tor holding a liorder State Convention, to repair to the city of Frankfort, or to such other place as may be agreed upon, on the day designated in the foregoing resolution, or on 16 [Doc. No. 16.] any other day that may be agreed upon, to meet such commis- sioners or delegates, as may be appointed by said border slave States, for the purpose of deliberating upon the matters herein- before referred to. Resolved, 4. That if said commissioners or delegates, after full and free conference, shall agree upon any plan of adjust- ment, or upon any course of action to be pursued by said States, then the commissioners or delegates hereby appointed , shall re- port the same to an adjourned session of this Convention here- tofore provided for. Resolved, 5. That the President of this Convention be in- structed to transmit, immediately, copies of these resolutions to the executives of the several States hereinbefore named, with the request that said executives inform him, as soon as practi- cable, of the action of their respective States in reference to the proposition for a Border Slave State Convention, and that, when informed that a majority of said States have agreed upon a time and place for holding such Convention, he shall forthwith in- form the commissioners or delegates elected under the provisions of the third resolution above, of that fact. Resolved, 6. That the commissioners or delegates, herein pro- vided for, shall receive, for their services, whilst in attendance on the sittings of said Border State Convention, the same pay, both as to per diem and mileage, as is allowed, by law, to members of this Convention, to be paid upon the certificate of the Presi- dent of this Convention, out of any moneys in the State trea- sury not otherwise appropriated. [DOC. NO. xvn.] FROM THE COMMITTEE APPOINTED TO WAIT UPON THE PRESIDENT OF THE UNITED STATES TO ASCERTAIN HIS POLICY TOWARD THE COPEDEKATED STATES, AND THE RESPONSE FROiM THE FEDERAL EXECUTIVE. [Doc. No. 17.] RETORT. The Committee appointed on the 8th instant, hy this Conven- tion, with direction to wait upon the President of the United States, and present to him the preamble and resolution adopted on that day, beg leave to report: That in the fulfilment of our duty we left the City of Richmond on the morning of the 9th inst., for Washington City; we Avere, however, prevented by in- juries sustained by the rail road, from a violent and protracted storm, from reaching Washington, until 11 o'clock on Friday the r2th inst. At 1 o'clock on that day we called on the Presi- dent and informed him that we had been appointed a Committee by the Convention of Virginia, then in session, to make a com- munication to him iVom that body and requested him to desig- nate an hour at which it would be agreeable to him to receive us. He replied that he would be happy to receive us at 9 o'clock the next morning. We accordingly attended him at that hour, presented him the resolution of the Convention and explained to him our mission. He then read to us a paper which he stated he had just prepared, as the answer to the communication from the Convention, declaring that he had seen in the newspapers the proceedings of the Convention and the character of our mis- sion. We herewith conmiunicate the President's reply to the preamble and resolution of the Convention. WM. BALLARD PRESTON, ALEX. H. H. STUART, GEORGE W. RANDOLPH. [Doc. No. 17.] THE PRESIDENT'S REPLY TO THE COMMITTEE OF THE VIRGIXU CONVENTION. Hon. Messrs, Prestox, Stuart and Randolph: Gentlemen, — As a Committee of the Virginia Convention, now in session, you present nie a preamble and resolution, in these ■ Avords : " Whereas, in the opinion of this Convention, the uncertainty which prevails in the pubhc mind as to the policy which the Fe- deral Executive intends to pursue towards the seceded States is extremely injurious to the industrial and connnercial interests of the country, tends to keep up an excitement which is unfavora- ble to the adjustment of pending difiiculties, and threatens a dis- turbance of the public peace: therefore, ^^ Resolved, That a comujittec of three delegates be appointed to wait on the President of the United States, present to him this preamble and resolution, and respectfully ask him to com- municate to this Convention the policy which the Federal Exe- cutive intends to pursue in regard to the Contederate States." In answer, I have to say, that having at the beginning of my official term expressed my int(?nded policy as j^lainly as I was able, it is with deep regret and some mortification I now learn that there is great and injurious uncertainty in the public mind as to what that policy is, and what course 1 intend to pursue. Not having as yet seen occasion to change, it is now my pur- pose to pursue the course marked out in the Inaugural Address. I commend a careful consideration of the whole document, as the best expression 1 can give of my purposes. As I then and therein said, I now repeat: i'Tlie power confided to me will be used to hold, occupy, and possess the property and places belonging to the Government, and to collect the duties and imposts; but beyond \vhat is ne- cessary for these objects there will be no inv'asion, no using of force against or among the people anywhere." 6 [Doc. No. 17.] By the words '' property and places belonging to the Govern- ment," I chiefly allude to the military posts and property which were in the pdssession of the Government when it came to my hands. But if, as now appears to be true, in pursuit of a purpose to drive the United States authority from these places, an unjjro- voked assault has been made upon Fort Sumter, I shall hold myself at liberty to repossess, if I can, like places which had been seized before the Government was devolved upon me. And, in any event, I shall, to the extent of my ability, repel force by force. In case it proves true that Fort Sumter has been assaulted, as reported, I shall, perhaps, cause the United States mails to be withdrawn from all the States which claim to have seceded, be- lieving that the commencement of actual war against the Go- vernment justifies and possibly demands it. I scarcely need to say that I consider the military posts and property situated within the States which claim to have seceded, as yet belonging to the Government of the United States, as much as they did before the supposed secession. Whatever else I may do for tlie pnrpose, I shall not attempt to collect the duties and imposts by any armed invasion of any part of the country — not meaning by this, however, that I may not land a force deemed necessary to relieve a fort upon the border of the country. From the fact that I have quoted a part of the Inaugural Ad- dress, it nmst not be inferred that I repudiate any other part, the whole of which I re-affirm, except so far as what I now say of the mails may be regarded as a modification. [Doc. No. 22.] Executive Department,") June 14, 1861. f Gentlemen of the Convention: Col. Thomas T. Faiintleroy was nominated by me as a Bri- gadier General in the Provisional Army, and (^ol. Benj'n Hnger was nominated as a Brigadier Generral of Volunteers, and both nominations were confirmed by the Council. 1 now communi- cate those nominations to your honorable body, in obedience to an ordinance passed by you, for your action. In making these nominations to you I deem it proper to trans- mit the enclosed paper, which embodies my reasons for the ac- tion I deemed it proper to take in the case of General Fauntleroy. Respectfully, JOHN LETCHER. [Doc. No. 22.] Executive Department, 7 May 10, 1861. y To the Council: I am instructed by the Governor to say that he nominates Col. Fanntleroy, late Colonel United States Dragoons, as Brigadier General in the Provisional Army of Virginia. Very respectfully, S. BASSETT FRENCH, A. D. C. to Governor of Virginia. May 14, 1861. The Council nnanimonsly advise that at present no appoint- ments of Brigadier Generals be made for the Provisional Army of Virginia, and that the Governor be respectfully requested to withdraw the nomination of T. T. Fauntleroy as Brigadier Gen- eral, and that he be appointed a Colonel of Infantry, to take rank according to the provisions of the Ordinance of Convention with reference to officers of ihe army and navy, retiring from the army and navy of the late United States. May 15, 1861. I regret that I cannot concur in the recommendation made by the Council in the case of Colonel Fauntleroy. If I am correctly informed. Colonel Fauntleroy ranked General Lee in the United States army, and if this be so, it seems to me that he is justly entitled to the connnission of a Brigadier General in the Provi- sional Army. This seems to me to be in accordance with the spirit and intention of the Ordinance of the Convention, passed on the ITth day of April, 1861. The legislature of Virginia, (by an unanimous vote, I believe,) adopted a preamble and resolutions complimentary to Colonel Fauntleroy, ni which he was '^cordially commended to the Honorable Secretary of War, and to his Excellency, the Presi- dent of the United States, for promotion to the rank of Brigadier General." With this expression of sentiment on the part of the General Assembly of the State, respecting his services, I have not felt that it would be proper to tender to him a lower position than that of Brigadier General. Session Acts, 1859-60, p. 706. 6 [Doc. No. 22.] The ordinance of the 27th day of April, 1861, '^to provide for the organization of a Provisional Army" 'provides for the ap- pointment of four Brigadier Generals, one of which places, it seems to me, is, under all the circumstances, justly due to Col. Fauntleroy. These are the reasons which have controlled my action in making this nomination, and I respectfully request that they may be entered upon your Journal. Respectfully, JOHN LETCHER. To the Council: May 15, 1861. The Council approve the nomination of Col. Fauntleroy to be a Brigadier General in the Provisional Army. Ordered by the Governor that a commission be issued ac- cordingly. [Doc. No. 25.] Executive Department, ) June 17, 1S61. ] Gentlemen of the Convention : The Atlorney General, has at my instance, drawn two ordi- nances of much importance, and to which I invite your early attention, as well as to the papers accompanying them, I re- spectfully urge immediate action, and earnestlj hope they will meet your approval. Respectfully, JOHN LETCHER. [Doc. No. 25.] MiDDLEBURG, LoUDOUN CoUNTY, ") June 11, 1861. f To His Excellc7icy Governor Letcher: Dear Sir: I write to yon, as the presiding judge of this county, because I feel that it is my duty to do so. At an election held some days ago to fill a vacancy on our county court bench, in the German settlement on the north border, a black republican, I understand, was elected. His name is Downey, I believe, though I do not know the man. My in- formation is derived from gentlemen at court, from which place (Leesburg) I have just returned to-night. I hope his commission has not been issued, and that you will suspend it until you can be fully informed on the subject ; for I would feel disgraced to sit on the bench with such a man. We have, as you no doubt are aware, a large population on the northwest frontier of our county, and reaching into the cen- tre, where the free- soil feeling is predominant; still, we have had the good fortune never to have had a justice elected who was unsound on the vital question. If he was, we did not know it, and great harmony has prevailed among us; and at our last court we levied fifty thousand dollars for the military service by a unanimous vote. I know what is the duty of the Executive in regard to issuing commissions for persons elected, but there is no time prescribed in which it shall be done ; and I beg leave most respectfully to suggest that in this case it be delayed till a convenient season. This man Downey is a Pennsylvanian by birth, and I am satisfied, from the information given by gentlemen of character, that he is a Lincoln man in his principles. Very respectfully, your obedient servant, ASA ROGERS. [DOC. Ko. xxvm.] SECOND REPORT FROM THE COMMITTEE ON RAIL ROAD COI^ATECTIOE'S. [Doc. No. 28.] REPORT. The Ctimmittoo on Rail Road Coiinoctions, to whom was re- coiDMiittcd their report of thu I9ih of June, have had Ihe sub- jert-niatler again under ronsidcratinn ; and having asch4 iJraxtoii 4,9oO ^Vllt 3,74L 84,290 Fifteenth District. Lowis * 7,907 Wood 10,97() IMensaiiis 2,939 * Tyl(M' 0,007 5 Jiitchio '".,831 Doddridge 5,189 Upshur 7;20S Kaniolph 4,916 AVcbster Tucker 1,418 Barbour H,'.l20 Harrison 13,5.>7 Taylor T,415 2 « [Doe. No. SO:] 10 ^^iimer 3.739 Calhoun 2,4 v»8 Sixteenth Disttrict. K^ 90.021) Ohio 22.3>2 Hanrock 4,444 l^mok'o 5,4Sr Marshall 12,9S9 Welzel 0.099 Marion 1 •>;o9(j Moiiorgalia 13.008 i'le^tcu 13,286 90,991 [DOC. NO. xxxm.] REPORT OF THE SELECT COMMITTEE ON AIMENiDMENTS TO THE OGNSTITITTION OF VIRGINIA. [Doc. No. 33.] REPORT. On the first day of May, 1861, the Convention adopted the following resoUition: ^'Resolved, That a committee of seven members be appointed by the President of the Convention, whose duty it shall be to consider and report to the Convention, at its adjourned session, such amendments of the Constitution of Virginia, as maybe ne- cessary and proper, under existing circumstances." The committee appointed under the foregoing resolution, have, according to order, had the subject referred to them under consi- deration, and submit the following REPORT: The comprelicnsive terms of the resolution have made it the duty of the committee to subject the wiiole Constitution to a careful review, for the purpose of suggesting such amendments, as, in their judgment, are necessary and proper under existing circumstances. Your committee were deeply impressed with the importance and delicacy of the task imposed on them, and in performing it, they have sought to be guided by the lights of reason and experience without regard to their own preconceived opinions, or to those theories which have heretofore been most popular. The circumstances by which we are now surrounded, render the present an auspicious time for correcting radical errors in our fundamental law. Recent events have developed the weak points in our political system, and it is, perhaps, a fortunate cir- cumstance that the members of the present Convention have been elected untrammeled by pledges or committals of any kind, to their respective constituencies, and are therefore left free to approach the great work of constitutional reform, with that dis- passionate calmness, which furnishes the best assurance of deli- berate consideration and wise conclusion. Governments, like all other human institutions, must be modi- fied from time to time, with a view to adapt them to the new conditions which may be developed by the progress of soci- 4 [Doc. No. 33.] ety. A system which was suited to the condition of the country half a century ago, may be unfitted for the exigencies of the pre- sent time. This truth has been signally illustrated in the his- tory of the government of the late United States. As framed and administered by the fathers of the Republic, it was admira- bly adapted to promote the happiness and prosperity of its citi- zens, and it stood, for many years, the wonder and admiration of the civilized world. But in the onward march of events, it became evident that its provisions were liable to perversion, which would make it the instrument of injustice. Real or sup- posed antagonisms, growing out of diversities of climate, pro- ductions, and systems of labor in the Northern and Southern sec- tions were developed, and it was manifest that new guarantees were necessary for the security of the vital interests, and domes- tic institutions of the slaveholding States. Wise and patriotic statesmen foreseeing the danger, labored to obtain such amend- ments of the Constitution, as were necessary, to adapt it to the changed condition of the country. But all their efforts having proved abortive, and a dominant sectional majority having clear- ly indicated its purpose to trample on the rights of the Southern States, no alternative was left to them but to seek relief from oppression, by separation. A similar necessity of conforming our institutions, to the growth of new relations and interests, which are constantly ari- sing in the progress of society, requires that changes should be made, from time to time, in our State Constitution. As Virginia is now about to commence a new era in her history, it is impor- tant that her organic law should be so framed as to guard her citizens, effectually, against the dangers of oppression on the one hand, and anarchy on the other. Governments are instituted for the protection of the rights of persons and property; and any system must be radically defec- tive, which does not give ample security to both. The great interests of every community may be classed under the heads of labor and capital, and it is essential to the well-being of society, that the proper equilibrium should be established between these important elements. The undue predominance of either, must, eventually, prove destructive of the social system. Capital be- longs to the few — labor to the many. In those systems in which capital has the ascendency, the government must, to some extent, partake of the character of an oligarchy; whilst in those in which labor is predominant, the tendency is to what Mr. John Randolph graphically described as ^' the despotism of king num- bers." It is the office of enlightened statesmanship to secure to each its appropriate influence, but to give the absolute control to neither. The political condition of the Northern States presents a stri- [Doc. No. 33.] 5 king illustration of the evils incident to the preponderance of the element of labor. In the early periods of their history, these evils were not so apparent as they have since become. Their population was sparse, and the western territories afforded a con- venient outlet for their restless citizens; labor was in demand at high wages; property was easily acquired, and consequently the hne of demarkation between labor and capital was not strictly drawn, because the laborer of to-day might readily become the capitalist of to-morrow. But within the last twenty years, a marked change has taken place in the North. Population has become dense, and the safety-valve afforded by emigration to the western territories has been greatly obstructed. Wages have not kept pace with the cost of subsistence, and the difficulty of acquiring property has increased. The tendency of this new condition of things has been, to divide society into two distinct classes, and to array the one against the other. This tendency to a conflict between labor and capital has already manifested itself in many forms, comparatively harmless, it is true, but neverthe- less, clearly indicative of a spirit of licentiousness which nmst, in the end, ripen into agrarianism. It may be seen in the sys- tem of free schools, by which the children of the poor are edu- cated at the expense of the rich; in the various forms of exemp- tion, and homestead bills; in the popular cry of " lands for the landless," and ^Miomes for the homeless;" in Fourierism and communism; in the habitual disregard of the ordinances of reli- gion, and of the institution of matrimony; and more distinctly, in the form of abolitionism. The radical principle of abolitionism is agrarianism. It is a war on property, under the mask of simulated philanthropy. The property selected as the object of attack is held exclusively in the Southern States, and by a comparatively small class of citizens. Hence it was supposed to be the most defenceless. But this is only the beginning of the contest. It is a war on the outposts of capital, which will soon be followed by more for- midable assaults on the owners of land and other species of pro- perty. History teaches that when ''^numbers," unchecked by suitable constitutional restrictions, have the control, agrarianism or despotism nnist soon follow. It is notorious, that already, in most of the Northern States capital is forced to obtain temporary security, by paying tribute to labor. Money constitutes an important element in all their elections. Bribery of voters is a matter of every day occurrence. Preparatory to every political contest, large sums of money are subscribed by capitalists, or exacted by levies on office holders, fertile purpose of corrupting the voters; and the journals of the Federal Congress disclose the disgraceful fact, that Northern members of that body have sold their othcial votes for money. ^ [Doc. No. 33.] But this system of profligacy and corruption can only serve to postpone, for-a time, the ^^irrepressible conflict," which, under their forms of government, must eventually ensue between labor and capital. The masses will not be slow to learn that the power is in their hands, and they will not scruple to use it for their own advantage. They will not be content with the bribes lavished by unprincipled partisans, but, under the lead of graceless dema- gogues, they will act on the assumption that "all property is robbery," and that "the greatest good to the greatest number" requires the division of property among the down trodden mil- lions. The agencies by which these mischievous fallacies may be rendered potential, are, universal suffrage and the election of all officers by the direct vote of the people. The former gives a controlling power to men who have the least interest in the com- munity, and the latter renders that power effectual, by giving direction to the legislation and administration of the government. In the opinion of your committee no system of government can afford permanent and eftectual security to life, liberty and property, which rests on the basis of unlimited suftYage and the election of officers of every department of the government by the direct vote of the people. The tendenc}^ of such a system is, to demoralize the masses; to encourage the habit of office- seeking; to foster corruption at the polls, and to place unworthy and incompetent men in positions of trust and responsibility. These, however, are the vital principles of the social organiza- tion of the North, and, as before stated, their bitter fruits are already in a course of rapid development. In the Southern States more conservative and rational princi- ples still prevail. This is due, mainly, to the institution of slavery, which constitutes a partial restriction on the right of suffrage. In the North, men of every class and condition of life are entitled to vote. In the South, all who are in a condition of servitude are necessarily excluded from the exercise of politi- cal privileges, and the poAver of the country is wielded by the more intelligent classes, who have a permanent interest in the well-being of society. Slavery also constitutes an effectual barrier against that ten- dency to antagonism between labor and capital, which exists in the North. There, capital is the casual employer of labor, and is interested in diminishing its wages. Here, capital is the owner of labor, and, naturally, seeks to enhance its rewards. Yirgima is now in the midst of a revolution, the results of which no human sagacity can accurately foresee. It is our duty, however, to meet the crisis with all the prudence, wisdom and conservatism that we can command, and to guard, as far as prac- ticable, against every probable danger. [Doc. No. 33.] 1 It seems now to be generally conceded, that the franiers of the present Constitntion, made too wide a departure from the con- servative principles which were cherished by our revolutionary fathers. Smitten by a desire to follow in the footsteps of North- ern politicians, they incorporated into our organic law many of the fatal errors which overthrew the Federal Government, and must, in a few years, lead to the downfall of the whole fabric of Northern society. They have engrafted on our Constitytion those JNorthern ideas of unlimited suffrage and universal popular elections, which, as has been already shown, are rapidly driving the Northern States to agrarianism. The dissolution of our political connection with the old Union, has effected material changes in the relations of Virginia, which should be maturely considered in reviewing her fundamental law* Under the old system, she was in the centre of the Union. In the new confederation, she will be one of the border States. How far this fact may affect the institution of slavery within her limits, cannot yet be determined. But, it is the part of prudence to guard against all contingencies. It may be that the slave population will be withdrawn, to some extent, from the Northern and Western portions of her territory, and their place supplied by immigrants from the North, to whom it would not be safe to confide the destinies of Virginia by enabling them, through tlic elective franchise, to choose the men who are to frame, expound and administer her laws. In view of this condition of affairs, your committee regard it as vitally important, that the Constitution of Virginia should be so amended as to impose wholesome restrictions on the right of suffrage, and to diminish the number of officers to be elected by the direct vote of the people. In regard to the qualification of voters, there has been, from the foundation of the republic, much diversity of opinion. While all concurred in the idea that the voter should have a permanent interest in, and attach- ment to the community, statesmen have difiered as to what con- stituted the best evidence of that interest and attachment. ^ Under the Constitution of 1776, the elective franchise was re-» stricted to freeholders, on the idea that those who owned the country should govern it. ^*\, In 1830, it was extended to housekeepers and heads of fami- lies, who had paid the revenue tax with wlikji .they had been assessed for the next preceding year. ?^ At the last revisal of the Constitution, in^W?5U, all restrictions, except as to citizenship and residency ^eio removed, and all white males, above the age of twenty-one years, were allowed to vote whether they had been assessed with, or paid any tax, or not. In the opinion of your committee, this was an unfortunate « [Doc. No. 33.] change in the Constitution. It has introduced a large class of irresponsible voters who have but little interest in the Common- wealth, and who do not, in any degree, participate in the bur- thens of taxation, which may be imposed by representatives of their selection. Every consideration of principle and expediency requires that this error should now be corrected. Political rights and duties are reciprocal. Every citizen is entitled to the protection of his government, and as an equiva- lent for that protection, he is bound to defend \he government. Protection of individual rights is the consideration paid for the military service of the citizen. But it is, by no means true, that every citizen is entitled to participate in the administration of the government. Before he can have a just claim to all the rights of a citizen, he must show that he has performed all the duties of a citizen. It is not enough that he shall have per- formed military service in defending the government. That is but one of the duties of a citizen, and for that, he is amply com- pensated by the protection which is afforded to his rights of per- son and properly. The government must be supported by taxes as well as defended by the military arm. Money is as essential in war as men. Troops must be armed, equipped, clothed, fed and paid, as well as marshalled for the battle-field. The citizen who fails to pay his share of the cost of the government is as Hiuch in default as his neighbor, who shrinks from military service. He has not discharged his full duty to his country, and, therefore, has no just ground to complain if he is not allowed to share in the administration of its government. It cannot be denied that it is in violation of one of the great fundamental principles of American liberty that persons who pay no taxes should be allowed to exercise the elective franchise. Our fathers maintained that taxation, without representation, was tyranny. But, of what value is the right of representation if those who substantially lay the taxes pay no portion of them? »If irresponsible, non-tax-paying voters select the Legislators who lay the taxes, it is obvious that the result must be oppression. Under the representative system, the security which the people have against unjust taxation is, in the fact, that they can, at pleasure, withdraw the legislative trust from the hands of those who abuse it. ti^ut if one class elects the representative and another bears t!ie burthen of taxation, this security becomes worthless. These general considerations tend, in the opinion of your committee, to show that the present Constitution of Virginia does not provide the necessary safeguards against the abuse of power. Under it, suffrage is almost unlimited, and much the larger number of the officers of government are elective, directly, [Boc. No. 33.] 9 by the people. The tendency of these provisions is^ to the most hateflil of all despotisms — the despotism of an unrestrained numerical majority. If the lessons of history, on this point, needed any confirma- tion, it can be found in the melancholy spectacle presented by the government from which we have recently withdrawn. We see the President of the United States, whose government is acknowledged to be one of limited powers, backed by an infu- riated and fanatical populace, boldly usurping the right to declare war; to raise armies; to call out the mih'tia; to borrow money; to increase the navy; to invade States; to blockade ports; to sus- pend the writ of habeas corpus; to violate the freedom of speech and of the press; and, in a word, to trample on every principle of constitutional liberty; and instead of being met by stern re- buke and merited impeachment, every new aggression on the Constitution and popular right is hailed Avith acclamation by those who recognize in him the chosen minister and instmment of ''King Numbers." Right of Suffrage. In seeking to make a practical application of the general propositions which have been discussed, your comAittee have encountered many difficulties. A partiality has been expressed by man}'' intelligent citizens for a return to the old freehold sys- tem of qualification of voters. But, to say nothing of the im- practicability of efifecting such a complete revolution, your com- mittee are persuaded that the change would not be desirable if it were attainable. There seems to be no good reason why the owners of land should have greater privileges than the holders of any otlier species of property. Every property qualification is obnoxious to the objection, that the right is made an incident of the property and not of the person. Your committee, therefore, have declined to recommend any property qualification, but pre- fer that the right to vote should be made dependent on the per- formance of public duty. They, therefore, advise that the Con- stitution be amended so as to authorize every free white male citizen to vote who shall have paid, sixty days before the elec- tion, all taxes, State and Confederate, which may have been assessed against him or his property, for the next preceding year, and also all tiie levies, county, corporation and parish, with which he is justly chargeable. This limitation on the right as it now exists, is in accordance with the principles above stated, and would, in the judgment of the committee, be attended with the most beneficial results, by stimulating all to the discharge of their public duty, and by ex- cluding from this important political right only those who had failed to pcrlbrm it. 2 f 10 [Doc. No. 33.] Popular Elections. Material changes seem, also, to be necessary in regard to the selection of various classes of public officers. Under the consti- tution as it now stands, no discrimination is made in the mode of choosing public agents, founded on a consideration of the na- ture of the functions they have to perform. A mistaken desire to propitiate popular favor, rather than a wise and well consider- ed purpose to give security to individual rights, and stability and dignity to the government, seems to have controlled the action of the Convention of 18.50. The selection of almost every offi- cer, has been referred to the people, and by shortening the official term, as far as possible, the officers are made dependent on the people. In the opinion of your committee, this was a grave error. Popular privileges and public liberty, are best protected and de- fended, by placing in official stations, men of intelligence, integ- rity, firmness, and wisdom; and that mode of selection is best, which will most effectually accomplish this end. The govern- ment from which we have recently separated, furnishes abun- dant proof that the wisest and best men, are not always the popular faforites. In determining the mode of selecting officers, it seems to your committee, that some regard ought to be had to the nature of the duties they will be required to discliarge. No rule can be pre- scribed which will be free Irom all objection, but your commit- tee believe, that it would be safe to assume, that all legislative officers, should be elected by the people, but that those who are to fulfil executive, ox judicial trusts, should be chosen by inter- mediate agents. There seems to be good reason for this dis- tinction. Legislation affects the rights and liberties of the whole people, collectively. Hence those who exercise legislative pow- ers, should be elected by the direct vote of the people, and be dependent, for their continuance in office, on the will of the peo- ple. But judicial and executive officers, being entrusted with the duty of expounding, and administering the public will, as expressed through the legislature, and in applying the law to individual cases, have functions to perform, which do not con- cern the people at large, and ought not to be affected by their wishes. After laws are passed by the Legislature, (which speaks for the people), rights accrue to, and penalties are incurred by, individuals, which ought to be fearlessly and faithfully executed, without regard to the wishes of a majority of the people. A judi- cial officer, who would be influenced by popular clamor, in the discharge of his appropriate functions, would justly incur public contempt. So also, an executive officer, who would fail to en- force a law, because it was unpopular, would merit the severest [Doc. No. 33.] 11 condemnation. The responsibility of these classes of officers, is, not to the people, directly, and therefore there is no good reason why they should be chosen directly by the people. All experi- ence proves that the only class of public servants, who can be held to a direct and practical responsibility, by the people, are those who exercise legislative Junctions. The people can, and do, judge correctly, of the wisdom and expediency of a general law, but it is not to be expected, that they would form an enlight- ened opinion, in regard to the judicial exposition, or executive application of it, in particular cases. The former, requires only the exercise of sound judgment, and discriminating common sense; the latter, demands legal training, familiarity with prece- dents, and a general knowledge of the principles of judicial de- cision, and executive action. The one involves the considera- tion of the law in its general aspects; the other requires a mi- nute investigation of individual cases, which the public, will rarely, if ever, be either disposed, or competent to make. Your committee are aware, that there is something captivating to the self love of the people, in the idea of electing their own officers of every grade, and many will doubtless be found, who will seek to persuade them, that it is essential to their freedom, that they should continue to do so. Parasites, are always to be found around the fountains of power. In monarchies, they ex- hibit themselves as courtiers; in republics, as those who assume to be, the peculiar friends of the people. Intelligent men, how- ever, will perceive, that even under our present Constitution, the people, really, have but litde to do with the election of the higher classes of officers. The power to elect exists more in name than in fact. The peculiar friends of the people, take care to relieve them of that trouble and responsibility. The difficulty of making choice of suitable candidates, arising from a want of knowledge, by the people, of the character and qualifications of aspirants, compels a resort to nominating con- ventions. These conventions, substantially, make the elections, and leave to the people the comparatively unimportant function, of ratifying, what has been done for them, by a body of irre- sponsible, and often untrustworthy men. It was through the agency of such an assemblage that the present Executive of the United States was imposed on the country — and your committee doubt if the ingenuity of venal politicians, could have devised any other, by which such a mischievous result could have been accomplished . As a general rule, it would be much safer for the people, to elect, in the mode prescibed by law, representatives, in whose ability, integrity, and patriotism, they could confide, and leave to them the duty, not merely of framing the laws, but also, of selecting the higher officers, to expound and execute them. 12 [Doc. No. 33.J Election of Governo?\ In regard to the best mode of electing the Governor, some di- versity of sentiment has existed among the members of the committee. The majority incHne to the opinion that he should be elected by the direct vote of the people, as now provided by the Constitution. The minority believe it would be better to re- turn to the ancient mode of electing by the joint vote of the General Assembly. At the time the election of Governor was referred to the peo- ple, it was, probably, not in the contemplation of any one that 84 Altered muskets, 43 Bayonet Scabbards, 10 Cartridge Boxes> 84 Sets Plates, 45 Yards Webbing, 25 Cartridge Boxesi M [Doc. No. 35.] Captain Jaimes A. Walker — Pulaski. 78 Altered Muskets, 10 Bayonet Scabbards, 78 Cap Pouches, 20 Sets Plates, 90 Yards Webbing, 16 Cartridge Boxes. Captain R. S. Duke — Albemarle County. 70 Bayonet Scabbards, 10 Cap Pouches. Captain A. G. Pendleton — Smythe. 14 Altered Muskets, 14 Bayonet Scabbards, 14 Cap Pouches, 14 Sets Plates, 90 Yards Webbing. Messfs. Phlegar — Hainmett and Taylor. 84 Fhnt Muskets, 100 FUnts. Captain P. R. Page — Gloucester. 6 Original Percussion Muskets> 5 Cap Pouches, 6 Cartridge Boxes and Belts, 6 Bayonet Scabbards, 5 Sets Plates and Belts, Captain Lay — Poichatan. 5 Cavahy Sabres and Belts, 9 Adams' Pistols and Holsters, 61 Cap Pouches, 1 Pair Holsters. Officers Virginia Navy. 6 Whitney's Revolvers and Holsters, 6 Waist Belts and Holsters. 34 [Doc. No. 35.] 25 Captain J. F. Kent— Wi/ihe, 12 Altered Muskets, 12 Cartridge Boxes, 12 Bayonet Scabbards, 12 Cap Pouches, 14 Sets Plates, 90 Yards Webbing. Captain J. W. Atkinson— ^ennco. 33 Altered Muskets, 33 Cap Boxes, 33 Bayonet Scabbards, 33 Cartridge Boxes, S'S Sets Plates, ISO Yards Webbing. Colonel Wm. G. Pollard— /ja«o- William. 50 Flint Muskets, 50 Cartridge Boxes, 50 Bayonet Scabbards, 50 Sets Plates, 288 Yards Webbing, Captain Boykin — Western Virginia, 200 English Flint Muskets, 200 Extra Flints. Colonel John McCausland— Pw^/iawi County. 500 English Flint Muskets, 500 Extra Flints, 4 Six-pounder Iron Guns, 8 Axle Boxes for do. 66 Six-pounder Shot, 42 Six-pounder Spherical Case, * 14 Six-pounder Canister, 10,000 Cartridges. Captain John Fife — Putnam, 50 Altered Muskets, 50 Cartridge Boxes, 50 Bayonet Scabbards, 50 Cap Pouches, 50 Sets Plates, 280 Yards Webbing. 26 [Doc. No. S5.] S. C, Robinson — Richmond. 750 Flint MusketS; (to be altered to percussion.) Captain Peyton — Richmond. 4 Six-pounder Iron Cannon. Colonel O. S. Taylor — Alexatidria. 200 Flint MusketS; with extra flints. Captain S. H. Letcher — Harper'' s Ferry. 80 Cartridge Boxes, 80 Cap Pouches, 25 Waist Plates, 90 Yards Webbing. Captain F. C. Ciioate — Ports7nouth. 25 Altered Muskets, 25 Cartridge Boxes, 25 Bayonet Scabbards, 25 Cap Pouches, 25 Sets Plates, ISO Yards Webbing. Captain E. S. Blamire — Portsmouth. 80 Flint Muskets, SO Bayonet Scabbards, SO Sets Plates, 360 Yards Webbing, SO Cartridge Boxes. * Steamer Yorktown. 30 Flint Muskets, 30 Old Sabres. Captain S. S. Weisiger — Amelia.- • 6 New Sabres, 6 Belts and Plates, 20 Adams' Revolvers, * 20 Holsters, 7 Extra Waist Plates. [Doc. No. 35.] 2T Captain J. R. Tucker — Richmond. 2 Eight-inch Guns, (Navy Department.) Captain W. F. Lynch — Potomac River. 2 Eight-inch Guns, (Navy Department.) Captain P. N. Hale — Grayson. 80 Harper's Ferry Rifles with sword Bayonets, SO Cartridge Boxes, 100 Bayonet Scabbards, 100 Cap Pouches, 100 Waist Belts and Frogs, 100 Waist Plates, 90 Yards Webbing, 10 Harper's Ferry Rifles, 10 Cartridge Boxes, Webbing. Mr. Pannell — Petersburg. 20 Cavalry Sabres and Belts, 20 Cavalry Pistols. Colonel C. E. Tompkins — Kanawha. 400 Pounds Lead, 40 Harper's Ferry Rifles, 40 Cap Pouches, 80 Hall's Carbines, 80 Carbine Slings, 120 Waist Plates, SO Cartridge Boxes, 120 Powder Flasks, 90 Pouches and Belts, 400 Flints, 5 Whitney's Revolvers, 10 Harper's Ferry Rifles, 30 Altered Rifles, 70 United States Flint Rifles, 100 Extra Flints. Captain J. W. Cook — Bellfield, 4 Six-Pounder Iron Guns. 28 [Doc. No. 35.] James D. Brown. 4 Boxes Muskets— 80. Captain Spencer — Charlotte Court-Hoiise. 16 Cartridge Boxes, 68 Cap Pouches, 68 Belts and Frogs for Sword- Bayonets, 16 Plates. Captain W. P. Wilson — Norfolk. 30 United States Cavalry Sabres, 30 United States Belts and Plates. General Johnston. 3 Whitney's Pistols, 3 Bullet Moulds, 3 Holsters. Captain F. J. Boggs — RicJunond. 63 Original Percussion Muskets. Captain Henry D. Dickinson — Old Dominion Guard. 21 Original Percussion Muskets, 2 Cartridge Boxes, 51 Cap Pouches, 51 Bayonet Scabbards, 90 Yards Webbing. Dr. R. L. Nicholson — Middlesex. 100 Flint Muskets, with extra flints. David Edmondson, . 1 Altered Musket, 1 Cartridge Box, 1 Cap Pouch, 3 Bayonet Scabbards, 6 Wipers, 6 Breast Plates, 12 Screw- Drivers, 4 W^aist Plates. [Doc. No. 35.] 29 Camp Hermitage — Colonel Gilham. 40 Harper's Ferry Rifles, 101 Original Percussion Muskets, 774 Altered Percussion Muskets, 274 Flint Muskets, 10,000 Musket Cartridges, 3,000 Rifle Cartridges, 500 Percussion Muskets, 600 Bayonet Scabbards, 250 Cartridge Boxes, 1,000 Yards Webbing, 375 Cartridge Boxes, 400 Cap Pouches. Camp Ashland — Colonel Ewell. 31 Harper's Ferry Rifles, 108 Original Percussion Muskets, 33,000 Musket and Rifle Cartridges. Cam,p Mercer — Colonel D. Ruggles. 2,000 Flint Muskets, 38,000 Musket and Rifle Cartridges, 500 Cartridge Boxes, 1,000 Percussion Muskets, 20,000 Caps, 20,000 Cartridges, 300 Pounds Blasting Powder, 400 Pounds Cannon Powder, 800 Pounds Lead, 4 Six-pounder Brass Guns, 4 Six-pounder Gun Carriages, 8 Sponges and Rammers, 8 Hand Spikes, 4 Lint Stocks, 4 Port-fire Stocks, 4 Gunner's Gimblets, 4 Haversacks, 4 Priming Wires, 4 Port-fire Cases, 4 Thumb Stalls, 4 Tube Pouches, 6 Water Buckets, 4 Sponge Buckets, 6 Tar Buckets, 80 [Doc. No. 35.] 4 Caissons, 56 Fixed Shot, 14 Canister, 42 Spherical Cases. Alexandria — Colonel P. St. Geo. Cocke. 4 Rifle Cannon, complete, 3,200 Flint Muskets, 400 Rounds for Rifled Cannon, 120 Rounds for Six-pounder Cannon, 92,600 Musket and Rifle Catridges, 500 Orig. Percussion Muskets,^ on ^c^.^. Y}'''\\^^^ Muskets, Iculpeper, C. H., 20,000 Cartridges, ( 11,000 Caps. J Lynchburg — Colonel D. H. Langhorne. 200 FUnt Muskets, To Mayor of Danville. 100 Flint Muskets. To Mayor of Petersburg. 200 Fhnt Muskets. Fort Powhatan— Colonel John R. Wilson. 350 Flint Muskets, 18,000 Musket Cartridges. Williamsburg— Colonel B. S. Ewell. 250 Flint Muskets, 8,000 Musket Cartridges, 400 Original Percussion Muskets, 5,000 Rounds Ammunition. A'b;/oZ^— Colonel Walter Gwynn. 4 Rifle Cannon, complete, 100 Harper's Ferry Rifles with sword Bayonets, 1,000 Altered Muskets, 1,530 Flint Muskets, 30 Cavalry SabreS; [Doc. No. 35.] 31 200 Rounds for Rifled Cannon, 77,000 Musket and Rifle Cartridges, 600 Cap Pouches, 1,000 Waist Belts, 660 Breast Belts, 4,000 Yards Webbing. Camp Jefferson, Charlottesville — Colonel Wm. H. Fry. 74 Altered Muskets, 5,000 Musket Cartridges. Staujiton — M. J. Harman. 100 Virginia Altered Percussion Rifles, 600 Altered Percussion Muskets, 6,000 Musket Cartridges. Lceshurg — General Eppa Hunton. 320 Original Percussion Muskets, 10,000 Musket Cartridges, 80 Original Percussion Muskets, 3,000 Cartridges, 3,300 Caps, 1 Keg of Powder. Washington County Volunteers — Colonel W. E, JoH^:so]V. 500 Altered Percussion Muskets, 5,000 Musket Cartridges. Harper'' s Ferry — Colonel Jackson. 2,000 Altered Percussion Muskets, 2 T^velve-pounder Field Howitzers,") g^^^^^^ 6 Six pounder Guns, 3 ' ' 210 Rounds for Howitzer, 620 Rounds for Six pounder, 78,000 Musket and Rifle Cartridges. Western Virginia — Colonel Boykin. 200 Flint Muskets. Kanawha Valley— ColowaX C. Q. Tompkins, Commanding. 50 Harper's Ferry Rifles, 30 Altered Percussion Rifles, 32 [Doc. No. 35.] 70 Flint Rifles, 80 Hall's Carbines, 500 Flint Muskets, 5 Whitney's Revolvers, 50 Altered Percussion Muskets, 4 Six-pounder Iron Cannon, (without carriage or implements,) 10,000 Musket and Rifle Cartridi^es, 110 Rounds Fixed. Ammunition for Six-pounders. W. S. JoYNES — President Petersburg Rail Road. 100 Flint Muskets. Captain W. Collins — Halifax Court House, 60 Cavalry Sabres and Belts. Captain Rogers — Alexandria. 2 Sixpounder Brass Guns, complete, 1 Caisson Wagon. Captain Latham — Lynchburg Artillery. 94 Cavalry Sabres and Belts, 4 Water Buckets, 8 Tar Buckets, 1 Priming Wire, 225 Six-pounder Shot, 180 Ditto Spherical Case, 45 Canister, 630 Friction Tubes, 4 Lanyards, 18 Yards Slow Match, 27 Port-fires, 4 Fuze Cutters, 4 Caissons, 4 Sets Artillery Harness, complete^ 4 Saddles, 4 Bridles, 4 Sponge Buckets, 4 Tin Buckets. Captain Trigg — Montgotnei-y County. 84 Altered Muskets and Equipments. 35 [Doc. No. 35.] 33 Captain James A. Walker — Pulaski County. 78 Altered Muskets and Equipments. Captain J. S. Langhorne — Lynchburg. 40 Cavalry Sabres and Belts. Captain J. W. Atkinson — Henrico County. 83 Altered muskets and Equipments, Colonel Charles Smith — Northampton. 4 Iron Six-poiinder Field Guns, (with carriages and implements complete,) 100 Rounds Fixed Ammunition. B. B. Douglas — King William County. 50 Cavalry Sabres. Captain A. J. Sydnor — Tappahan7iock. 50 Altered Muskets, 600 Cartridges and Caps. Captain W. VV. Weisiger — Manchester, 100 Flint Muskets. Captain S. S.Williams — Woodstock. 60 Virginia Altered Rifles. Home Guard — Richmond. 160 Flint Muskets. Captain R. S. Archer — Richmond. 300 Flint Muskets. * Captain E. L. Wharton — Richmond County. 50 Flint Muskets, 1,000 Cartridges. 34 [Doc. No. 35.] Captain P. N. Hale — Grayson County. 90 Harper's Ferry Rifles, witliS word Bayonets and Equipments, 3;500 Cartridges and Caps. J. W. Cook— Bellfield. 4 Six-pounder Iron Guns, to he mounted. Captain F. J. Boggs — Richmond. 03 Original Percussion Muskets and Equipments. Colonel W. T. Jones — Gloucester County. 60 Flint Muskets, 20 Original Percussion Muskets and Equipments. 7,800 Cartridges and Caps. Captain Latham — Lynchburg Artillery. A Six-poundcr Brass Guns, complete, 4 Sets Artillery Harness, 200 Rounds JSix-pounder Guns. Captain Kemper — Culpeper Court House. 5 Sets Artillery Harness, 2 Prolouges, 4 Haversacks, 8 Bricoles, 4 Tube Pouches, 4 Priming Wires, 4 Thumb Stalls, 200 Rounds Fixed Ammunition. Colonel W. G. Pollxkd— King- William County. 50 Flint Muskets and Equipments. Captain Peyton — Bich?nond. 4 Six-poundei-Brass Guns, to be mounted. T. C. Jordan— Bedford Comity. 4 Six-pounder Iron Guns, to be mounted. [Doc. jSTo. 35.] 35 L. S. Marye — Rich?no7id. 4 Six- pounder Brass Guns, to be mounted. Captain H. C. Cabell — Richmond. 4 Caisson Wagons, 8 Sets Artillery Harness, 220 Rounds Fixed Ammunition. To Steamer Yorktown. 30 Flint Muskets, 30 Old Swords, 1;000 Cartridges. Captain S. S. Weisiger — Amelia Court House. 6 Cavalry Sabres and Belts, 20 Revolvers and Holsters. Captain Henry D. Dickinsox. 51 Original Percussion Muskets and Equipments. 2,600 Cartridges and Caps. Dr. R. L. Nicholson — Middlesex: Coufiti/. 100 Flint Muskets, 6,000 Cartridges. Captain T. P. Mathews — Richmond. 69 Flint Muskets, 2,000 Cartridges. Captain W. H. Biggs — Jamestown. 30 Original Percussion Muskets, 1,000 Cartridges for Muskets. Major W. W. Townes — Petersburg, Va. 10 Original Percussion Muskets. Captain Garnet^t — Westmoreland County j Va. 64 Cavalry Sabres and Belts. 36 [Doc. No. 35.] John M. Gibbs, Esq. 10 Pounds Cannon Powder. Captain A. Lybrook — Richmond, 74 Harper's Ferry Rifles, with Sword Bayonets, 74 Waist Belts. Captain Tabb — York Rive?', Va. 32 Hall's Carbines. Colonel Terrett — Alexandria. 1 Keg Blasting Powder, 30') Altered Percussion Muskets, 21,000 Cartridges for Muskets. Colonel J. E. B. Stuart — Harper'' s Ferry, Va. 10 Swords, 7,600 Cartridges. Colonel J. A. Early — Lynchburg, Va. 1,000 Original Percussion Muskets, 1,000 Altered '' " 1,000 Flint-lock " 60,000 Cartridges for " Lieut. Col. John McCausland — Charlesto?i, Kanawha, Va. 4 Sets Harness, 5,000 Cartridges. Colonel D. H. Hill — N. C. Volunteers, Richmond. 22,000 Cartridges, 26 Wipers and Screw-Drivers, 3 BajT-onets, 11,500 Cartridges. Colonel Tom. P. August — Richmond, 685 Yards Webbing, 25 Altered Percussion Muskets, 3 Ball Screws, 25 Screw-Drivers, 25 Wipers, 20,400 Percussion Musket Cartridges, 7;440 Rifle Cartridges. [Doc. No. 35.] 37 Captain Shields — Howitzer Battery, 8 Priming Wires, 4 Lint Stocks, 4 Port-fire Stocks, 2 Port- fire Cases, 4 Sponges and Rammers, 4 Handspikes, 1 Tar Bucket, 4 Sponge Bnckets, 1 Prolouge, 8 Gunner's Gimlets, 2 Tube Pouches. Captain J. C. Harwood — Jamestown^ Va, 12 Altered Percussion Muskets, 90 Yards Webbing, 12 Bayonet Scabbards, 1,000 Musket Cartridges. Colonel E. K. Smith — Mississippi Volunteers, RicJwiond. 11 Harper's Ferry Rifles, 2 Altered Percussion Muskets. Colonel S. Garland — Manassas Junction, Fa. 2 Kegs Cannon Powder, 4,600 Rifle Cartridges, 2,000 Pistol Cartridges. Colonel DeRussy — Yorktown, Va. 15,000 Musket Cartridges, 5,000 Rifle Cartridges. General Bonham, S. Carolina Volunteers — Manassas June. Va. 400 Original Percussion Muskets, 16,000 Cartridges for Muskets, 15,000 Cartridges Cal. 69. Colonel Wm. B. Bate— O/rfFmr Gi^ounds, Richmond. 40 Rifle Muskets, 1,600 Cartridges for ditto. [Doc. No. 35.] Captain Hays — Bloorcfield, Hardy County. 109 Virginia Rifles, 1 Keg Powder, 4 Bars Lead. Captain Wm. J. Hoke — YorktoiDn, Va. 11,420 Rifle and Musket Cartridges. Captain L. L. Lomax, for Colonel Chilton — Ashland. 30 Cavalry Sabres, 52 Sabre Belts and Plates, 47 Artillery Sabres, 67 Artillery Belts and Plates, 93 Sharp's Rifles, 46 Cavalry Musketoons, 72 Cavalry Revolvers, fextra stocks,) 43 Navy Revolvers (Adams',) 20 Cavalry Flint Pistols, 10,000 Cavalry Pistol Cartridges, 10,550 Musketoon and Rifle Cartridges. Lieut. Henderson — Richmond. 250 Cartridges. Colonel W. E. Jones — Abingdon, Va. 2,500 Cartridges, 2,500 Cartridges, 113 Cavalry Sabres, 113 Cavalry Belts, 50 Waist Plates, 120 Flint Pistols, 300 Extra Flints, 46 Pair Saddle Holsters. Colonel P. T, Moore — Richmond. 18,600 Cartridges. Major Randolph — Howitzer Battery, Richmond. 24 Canister, (Navy Howitzer,) 120 Spherical Case do. 70 Shell do. 270 Friction Tubes, 145 Rifled Howitzer Shot (fixed,) 165 Friction Tubes, 8 Sets Artillery Harness (complete.) [Doc. No. 35.] 39 Captain Browx — Of Howitzer Baiterij. 112 Shell, 145 Friction Tubes, 1 Six-pounder Iron Gun, (Rifle,) 1 Caisson for same, 2 Sets Artillery Harness, (complete,) 3 Wagon Caissons for Navy Howitzer, 112 Rounds Six-pounder Ammunition for Iron Rifle, 145 Rounds Six-pounder Ammunition for Brass Ride, 120 Rounds Twelve-pounder Ammunition for Navy Howitzer, (Spherical Case,) 70 Rounds Tweh^e-pounder Ammunition for Navy Howitzer, (Shell,) 24 Rounds Twelve-pounder Ammunition for , Navy Howitzer, (Canister,) 115 Charges Powder Six-pounder Rifle Gun, Iron, 145 Charges Powder Six-pounder Rifle Gun, Brass, 5S0 Friction Primers, 32 Yards Slow Match, 20 Port-fires, 2 Sponges and Rammers, Iron Rifle Guns and Covers, 2 Handspikes, 2 Haversacks, 2 Tube Pouches, 1 Vent Punch, 2 Thumb Stalls, 1 Priming Wire, 2 Lanyards, 1 Worm and Staff, 1 Sponge Bucket, 1 Prolongc, 1 Tar Bucket, 2 Water Buckets, 1 Gunner's Pincers, 1 Tow Hook, 1 Pendulum Hausse, 1 Gunner's Gimlet, 1 Fuze Gauge, 20 Halters, G Saddles, Colonel Williams — North Carolina Volunteers, 35j0U0 Cartrid^^es. [Doc. No. 35.] 40 Captain W. T. Taliaferro. 1,000 Cartridges. Major Cabell — Confederate States Army. 11;000 Cartridges. Captain R. A. Tompkins — Richmond Sharp Shooters. 39 Harper's Ferry Rifles with Sword Bayonets, 36 Harper's Ferry Kifles without Sword Bayonets^ 75 Leather Waist Belts, 75 Waist Plates, 75 Cartridge Boxes, 75 Cap Pouches, 39 Sword Scabbards, 39 Sword Frogs. Captain Frederick J. Boggs — Richmond. 15 Original Percussion Muskets, 90 Yards Webbing. Lieutenant Croswell — Accomac County. 50 Virginia Flint Muskets^ 75 Extra Flints. General William H. Richardson. 1 Original Percussion Musket, 1 Cartridge Box, 1 Cap Pouch, 1 Waist Belt and Plate. S. H. DeBow — Richmond. 30 Sheets of Copper, Colonel J. B. Magruder — Yorktown, Virgin^. 2 Twelve Pounder Brass Guns, 2 Twelve Pounder Carriages, 2 Twelve Pounder Caissons, [Doc. No. 35.] 41 4 Sponges and RammerS; 4 Handspikes, 2 Linstocks, 2 Port-fire Stocks, 2 Thnmb-stalls, 2 Priming Wires, 2 Gunner's Gimlets, 2 Haversacks, 2 Port-fire Stocks, 2 Tube Pouches, 2 Water Buckets, 2 Sponge Buckets, 2 Tar Buckets, Called for but not issued. Captain R. C. Stanard — RandolpJi's Howitzers — Richmond. 1 Rifle Parrot Gun, 1 Carriage complete, 2 Sets Four Horse Harness complete 2 Sponges and Rammers, 2 Handspikes, 1 Lint Stock, 1 Port- fire Stock, 1 Port-fire Case, 1 Prologue, 1 Haversack, 1 Tube Pouch, 1 Thumb-stall, 1 Gunner's Gimlet, 1 Priming Wire, 2 Water Buckets, 1 Sponge Bucket, 1 Tar Bucket, 1 Caisson complete. 100 Rounds Fixed Ammunition. Captain Shumaker — RicJunond. 4 Six-pounder Brass Guns, "| 4 Six pounder Carriages (complete,) j 8 Sponges and Rammers, 8 Sponge Covers. 8 TraifHand Spikes, 4 Lint Stocks, 2 Worms and Staves, 4 Port-Fire Stocks, 4 Leather Water Buckets, Called for >but not is- j sued. 42 [Doc. No. 35.] 4 Sponge Buckets, 2 Tar Buckets, (.^U^^ ^^^ 4 Prologues K ^^^ ^^^^ i^. 4 Gunner s Gunlets, j j 4 Priming Wires, I 4 Thumb Stalls. J J. R. Anderson & Co. 20 Flint Muskets. General Bonham — Manassas Junction. 15,000 Cartridges, 10,000 Caps. Colonel GilhaM— Cawjo Lee. 10,000 Cartridges. Captain John T. Ellis — Charlottesville, 77 Flint Muskets, 2,500 Cartridges. Captain John A Re a — Charlottesville. 60 Flint Lock Muskets, 2,000 Cartridges. Captain Bennett Taylor — Charlottesville. 60 Flint Muskets, 2,000 Cartridges, 11 Flint Muskets, 70 Cartridge Boxes. Colonel Magruder — Yorktown. 48 Rounds Army Howitzer Spherical Caisey 36 Rounds Army Howitzer Shell, 12 Rounds Army Howitzer Shot, 56 Six- pounder Shot. 42 Six-pounder Spherical Case, 14 Six-pounder Canister. Captain William H. Early— jB/ac^ Walnut Dragoons. 15 Sabres, 15 Pistols. [Doc. No. 35.] 43 Captaia Jones. 4 Sabres, Captain Pemberton — Norfolk. 350 Six-pounder Shot, 196 Sixpounder Spherical Case, 56 Six-poiinder Canister, 50 Shell Fuzed and Filled. Captain Leftwich — Richmond, 21 United States Rifles, 270 Yards Webbing, 16 Cartridge Boxes, 16 Waist Belts. Captain J. W. Puller — Gloucester Point. 1,000 Pistol Cartridges. Colonel Taliaferro — Gloucester Point. 250 Waist Belts, 9,000 Cartridges. General Johnson — Harper^s Ferry. 100,000 Cartridges. • Captain R. T. Ellett — West Point. 66 Flint Muskets, 1,000 Cartridges, Captain Hood — Ivy Station^ N. ^* P. R. R. 100 Flint Muskets, 4,000 Cartridges, Captain Cunningham — Aquia Creeks 2,000 Cartridges, 2,400 Caps, 44 [Doo. No. 35.] Captain C. S. SMiTR^Yor/ciown. 182 Six-pounder Shot, 98 Six-pounder Spherical Case, 20 Six-pounder Canister, 56 Twelve-pounder Spherical Case, 30 Twelve-pounder Shell, 480 Friction Primers, 4 Powder Flasks, 6 Yards Slow Match, 30 Port-fi.res. Captain Stanard — Richmond. 2 Barrels Powder. Captain Minor— A^ary Department 15 Barrels Cannon Powder, 20 ^' " " 30 " " '' 30 " "' " Mr. Van FEhi-^Petersburg. 1 Caisson, 1 Box Wagon Harness. Captain Schafper — Manassas Junction, 60 Flint Muskets, 3 Artillery Sabres, 60 Cartri^lge Boxes, 60 Baynot^Scabbards, 360 Yards Webbing, 60 Breast Plates, 60 Waist Plates. General Lee and Staff. 10 Whitney's Revolvers. Captain W. Adams — Richmond, 9 Sabres, 9 Pair Pistols, 9 Holsters, 360 United States Cartridges. [Doc. No. 35.] 45. Major Chilton — Ashland. 2,000 Pistol Cartridges. Captain VV. R. Aylett — West Point. 60 Flints, ]5 Muskets Complete, 15 Cartridge Boxes and Belts, 15 Bayonet Scabbards and Belts, 15 Waist Belts, 60 Waist and Breast Plates, 2,500 Cartridges. Colonel August — Yorktown. • 250 Cartridge Boxes, 250 Cap Pouches, 250 Waist Plates, 1,300 Yards Webbing, 1,500 Percussion Musket Cartridges, 1,840 Minnie Musket Cartridges, 2,400 Enfield Musket Cartridges, 3,200 Harper's Ferry Rifle Cartridges. Major M. G. Harman — Staunton. 60 Double Barreled Shot Guns,j 5,000 Caps, 10,000 Flint Cartridges, 2 Kegs Rifle Powder, 10,000 Musket Caps. A. B. Evans — Urbanna. 2 Iron Six-pounder Cannon, not mounted, Equipments, and 56 Rounds Ammunition. Captain Fletcher — Accomac. 60 Flint Muskets, 1,000 Cartridges, 50 Flints. Captain Rice. 4 Brass Guns and Carriages, complete. 400 Rounds Ammunition and Equipments, 46 [Doo. No. 35.] Captain Geddy — James City Cavalry, 50 Pair Flint Pistols, 100 Extra Flints, 50 Cavalry Sabres, complete, 4 Pair Holsters, 2 Pair Moulds, 80,000 Pistol Cartridges. Major Randolph — Richmond. 2 Spare Poles. Major Cabell — Richmond. 75,000 Cartridges. n Colonel D. H. Hill — Yorktown. 6,000 Ball Cartridges. Colonel William Gilham — Richmond, Virginia. 2,000 Pistol Cartridges, 2,500 Caps, 18 Flint Pistols, 9 Holsters, 9 Belts and Plates. Colonel Preston". 1,000 Pounds Lead, 6 Bundles Cartridge Paper. George E. Croswell. 50 Double Barrell Guns, 5,000 Caps. Hon. William Smith — Warrenton, Virginia, 1,500 Cartridges. General Kirkpatric, 10,000 Musket Caps, 1,000 Flints. Captain Salmon — Harper^s Ferry, 50 Cartridge Boxes, 3;200 Cartridges. [Doc. No. 35.] 47 Colonel J. F. Thomas. 250 Sets Belts, 250 Belt Plates, 250 Cartridge Boxes, 6,000 Cartridges, 5,500 Caps. Colonel Doles. ICO Cartridges, 30,000 Cartridges and Caps, 1,000 Yards Webbing. Captain Bennett — IIarper''s Ferry. 50 Belt Plates, 50 Cartridge Boxes, 3,700 Cartridges, 250 Yards Webbing. General Benjamin Hugeh — Norfolk. 15,0n0 Musket Caps, 25,000 Musket Caps. Captain Wm. H. Buiggs — Jamestown. 78 Cartridge Boxes, 78 Belts, 2,000 En field Cartridges, 1,000 Musket Cartridges. Colonel J. Gi Hodges — Jd^nestown Island. 1,500 Musket Cartridges, 1,500 Harper's Ferry Rifle Cartridges. Captain Lybrock — Richmond. 12 United States Percussion Rifles, 12 Plates, 12 Yards Webbings 12 Cartridge Boxes, 12 Cap Pouches. Captain Carter — Rectortowui 70 Cartridge Boxes, 350 Yards Webbing. 48 [Boc. No. 35.] Captain J. M. Macon — Richmond. 90 Cartridge Boxes, 90 Plates, 450 Yards Webbing. JMajor GoRGAs — Ordnance Department* 15,000 Musket Cartridges and Caps, 4,000 Cartridges, (Cal. 58) 1,000 Flint Muskets. Major Chilton. 61 Sabres and Belts, 11 Flint Pistols. Captain J. V. ^coTT—Zuni Station N. 4' -P. i?. S. 8G Cartridge Boxes, 600 Yards Webbing. Colonel Moore — Richmond. 200 Cartridge Boxes. Colonel Cocke — Alexandria. 400 Cartridge Boxes, 25,000 Flint Cartridges, 10,000 Caps. Captain Shumaker — Richmond. 1 Six-pounder Rifle Gun, Burton's pattern, and Carriage complete, 3 Six-pounder Brass Field Guns, and carriages complete, 4 Six- pounder Caissons, complete, 294 Rounds Six- pounder Shot Fixed, 234 Rounds Six-pounder Spherical Case Fixed, 50 Rounds Six pounder Canister, 4 Powder Flasks, 4 Sets Artillery Harness, 200 Rounds Rifle Piece, 40 Halters, 5 Artillery Sabres, 4 Prolouges, 4 Haversacks, 7 [Doc. No. 35.] 49 8 Tube Pouches, 4 Port- fires, 5 Thumb Stalls, 4 Priming Wires, 4 Gunner's? Gimlets, 630 Friction Primers, 42 Port- fires, • 50 Yards Slow Match, 4 Fuze Cutters, 200 Priming Tubes, 5 Lanyards. Captain H. A. Herbert— Greenville Guard. 10 Screw Drivers, 45 Worms. Colonel James F. Fag AN—Fixdericksburg. 20,000 Percussion Caps. Colonel Wm. B. Bate— Camp Jackso?i. 25,000 Percussion Caps. Lieutenant Jones — Jamestown. 2 Twelve-pounder Iron Guns, without carriages, 4 Sponges and Rammers, 2 Haversacks, 18 Boxes Six-pounder Shot, fixed, 12 Boxes Six- pounder Spherical Case, fixed, 3 Boxes Six-pounder Canister, fixed . 300 Friction Primers, 3 Lanyards, 66 Yards Slow Match, • 32 Port- fires, 2 Powder Flasks, 2 Port-fire Cases, 2 Thumb Stalls, 4 Priming Wires. 4 Gunner's Gimlets, 2 Fuze Cutters. General Henry A. WisE—Eickmo?id, 2,000 Flint Muskets, 1 Box Flints, 60,000 Cartridges, 60 [Doc. No. 35.] 10 Bags Buckshot, 2 Six-pounder Brass Guns and CarriageS;Complete, 2 Six- pounder Caissons, complete^ 2 Haversacks, 2 Port-fire Cases, 2 Tube Pouches, 4 Thumb Stalls, 2 Priming Wires, 2 Gunner's Gimlets, 2 Prolouges, 8 Bricoles, 1 4 Boxes Fixed Six-pounder Shot, 11 " " *' Spherical Case, 3 '' "^ " Canister; 4 Lanyards, 2 Fuze Cutters, 28 Yards Slow Match, 28 I^rt-fires, 2 Powder Flasks. Governor Floyd. 1,000 FUnt Muskets, Captain Kemper — Manassas Junction. 16 Boxes Six-pounder Shot, 14 Boxes Six- pounder Spherical Case, 4 Boxes Six plunder Canister, 4 Powder Flasks, 34 Port fires, 610 Friction Primers, 51 Yards Slow Match, : 37 Boxes for Packing, 3 Sets Wagon Harness. % Major Johnson — Ashland. 4,000 Cartridges. Colonel Wm. B. Taliaferro. 16,000 Musket Cartridges with Caps, 3,000 Harper's Ferry Rifle Cartridges, 351 Cartridge Boxes and Belts, 925 Yards W^ebbing, 168 Waist Plates. I [Doc. No. 85.] 51 Colonel S. V. Fulkerson. 15,000 Musket Cartridges and Caps, 490 Cartridge Boxes and Beits. Major Nat. Tyler. 20;000 Cartridges, 298 Cartridge Boxes and Belts. Governor Harris — Tennessee. 1 Box Sheet Copper. Captain Ball — Chesterfield. 70 Cartridge Boxes, 4,000 Cartridges, 2,500 Caps, 25 Cones. Captain Wickham — Henrico, 68 Cartridge Boxes, Captain J. G. Cabell. .58 Cartridge Boxes, 2,000 Pistol Caps, l,5ii0 Pistol Cartridges, 1,500 Pistol Caps. Captain Payne — Black Horse Company. 91 Cartridge Boxes, 1,500 Pistol Caps. Captain Harrison — Goochland Troop. 50 Cartridge Boxes. 2,000 Pistol Caps. Captain W. M. Thornton — Prince William, 72 Cartridge Boxes, 2,000 Caps. Captain Wm. H. Briggs — Jamestown, 70 Cartridge Boxes, 70 Waist Belts and Plates. 52 [Doc. No. 35.] A. C. KiNCAiD — Braxton Court House. 300 Flint Muskets, with extra flints. Captain R. A. Caskie — Wise Legion. 67 Altered Rifles, 8 Original Percussion Rifles, 75 Virginia Sabres, < 75 Cartridge Boxes and Belts, 5,000 Harper's Ferry Rifle Cartridges. Captain T. W. W. Davis — Gloucester Point, 1,000 Musket Cartridges, 1,000 Harper's Ferry Rifle Cartridges. Captain Rotster — Gloucester Point. 1,000 H. F. Rifle Cartridges. General R. S. Garnett — Staunton. 250 Pounds Rifle Powder, 2,500 Cartridges (flint,) 2,500 Cartridges (percussion,) 20,000 Caps, 48 Yards Slow Match. Colonel George H. Tereitt — Alexandria. 500 Cartridge Boxes, 810 Yards Webbing. Captain Isaacson — Washington Artillery. 12 Lanyards, 8 Tube Pouches, 10 Hames Hooks. Eent to Charlottesville J Virginia. 1 Six-pounder Iron Gun, 1 Twelve-pounder Iron Gun. Colonel A. P. Hill — Harpefs Ferry. 40 Cartridge Boxes. ^ [Doo. No. 35.] 53 Captain Collins — Williamsburg. 2,600 Pistol Cartridges, 1,800 Percussion Caps. Captain Stanard — Richmond. 4 Riding Saddles. ■■* Captain Edmund Ruffin, Jr. — Prince Gcor, 4 5,000 Pistol Cartridges, 5,000 Pistol Caps. General W. Gwynn — Norfolk. 1,000 Flint Muskets, 3,000 Extra Flints, 80 Flint Muskets, 100 Extra Flints, 4 Lock's Rifle Cannon, 4 Tangent Scales, 4 Vent Pouches. Colonels Preston and Heth. 1 Sabre and Belt, 3 Revolvers and Holsters. T. C. Jordan — Liberty, Bedford Counts/. 4 Iron Six pounder Guns. Major B. S. Ewell — Williamsburg'. 250 Flint Muskets, 300 Extra Fliuts, 4., 600 Cartridge Boxes, 24,000 Cartridges, 600 Belts and Plates, 2 Six-pounder Brass Guns and Carriages, com- plete, 2 Six-pounder Iron Guns and Carriages, complete, 50 Boxes Six-pounder Shot, fixed, 12 Boxes Six-pounder Spherical Case, |ixed, 2 Boxes Six-pounder Canister, fixed, 4 Powder Flasks, 685 Friction Tubes^ 39 Port-fires, ..^A . i 54 [Doc. No. 35.] 78 Yards Slow Match, 4 Fuze Cutters, 5 Lanyards, 8 Thumb Stalls, 4 Priming Wires, 4 Haversacks, 4 Tube Pouches, 4 Port-fire Cases, 4 Prolouges, 16 Bricoles, 4 Gunner's Gimlets, 4 Water Buckets. Captain L. S. Marye — Richmond. 4 Six-pounder Brass Cannon, to be mounted. Captain H. C. Cabell — Richmond. 3 Caisson Wagons, 28 Port-fires, 8 Yards Slow Match, 4 Canisters Rifle Powder, 4 Thumb Stalls, 8 Haversacks, ^ 4 Tube Pouches, 4 Prolouges, * 8 Bricols, » 4 Priming Wires and an extra Pole. fB 60 Yirginia Flint Muskets, m % 15 Original Percussion Muskets, W g 15 Cartridge Boxes and Belts, '^ W Colonel W. T. Jones — Gloucester. 15 Bayonet Scabbards, 15 Cap Pouches, 15 Sets Belts and Plates. Major J. P. Wilson — Fori Powhatan, 200 Flint Muskets, 200 Extra FUnts, 25 Flint Muskets, 50 Fhnts, 2,500 Cai-tridges. Colonel Jackson — Harper^s Ferry. 1,000 Altered Muskets, [Doc. No. 35.] 55 Colonel Philip St. Geo. Cocke — Alexandria. 3,000 Flint Lock Muskets, 2,000 Extra Flints. Lieutenant Colonel Pegram — Richmond. 2 Six-pounder Brass Guns, 1 Parrot Rifle, I Burton Rifle. Captain Forrest — Norfolk. 50 Flint Muskets. Colonel Preston — Virgifiia Military Institute. 8 Six-pounder Brass Cannon. Colonel P. T. Moore — Richmond. 9,000 Cartridges. 20,000 Caps. Captain Griswold — Richmond. 600 Cartridges, ^ 700 Caps. f M Captain M. H. Watkins — Isle of Wight. 600 Cartridges, 700 Caps. Captain B. W. Talley — Hanover. 600 Cartridges, 700 Caps. Captain J. W. Atkinson — He?irico. 200 Cartridges, 300 Caps. Captain C. H. Harrison. 600 Cartridges, 700 Caps. 56 [Doc. No. 35.] Colonel Garlick. 500 Cartridges; 600 Caps, 28 Fixed Shot, 28 Fixed Canister, 75 Friction Tubes. Captain J. G. Hodgers. 700 Cartridges, 900 Caps, 56 Fixed Shot, 14 Canister, 28 Sin'apnel, 75 Friction Tubes. Captain J. F. Chalmers — Isle of Wight. 28 Fixed Shot, , 28 Canister. Captain John Q. Marr — Fauquier. 1,000 Cartridges, 1,200 Caps. Captain William J. Green — Stafford. 1,200 Cartridges, 1,400 Caps. Captain R. L. Walker — Richmond. 100 Fixed Shot Rifle Cannon. T. T. Cropper. 600 Cartridges, 700 Caps, 28 Fixed Shot, 28 Fixed Canister, 75 Friction Tubes. Captain W. W. Thornton — Prince William, 600 Cartridges, 700 Caps. [Doc. No. 35.] 57 General William B. Taliaferro— -A^oz/o/zt. 24 Rounds Rifle Cannon, 50 Friction Tubes. Colonel John H. RiCHARDiiON-^Ric/wio}id. COO Cartridges, 7(10 Caps. Captain Chamblers — Sussea;. 360 Cartridges, 400 Caps, 1 Pound Powder. Captain Potts — Prince Edward. 600 Cartridges, 700 Caps. Captain M. BvRKEs—Tappahannock. 1,000 Cartridges, 1,200 Caps. Captain R. S. C artuorne^ Taj}j]ahaimoc/c. 1,000 Cartridges. General Harper— jHa;^er'5 Fcrrj/. 11,000 Cartridges, 13,000 Caps. Captain J. Harrison. 1,000 Cartridges. Captain B. Hall. 3,500 Cartridges, 4,000 Caps. Captain H. D. Dickinson 2,600 Cartridges, 3,000 Caps. 38 58 [Doc. No. 35.] General Walter Gwynn. 200 Rounds Rifle Cannon. Doctor R. L. Nicholson — West Point. 4,600 Cartridges, 6;000 Caps. Colonel E. H. McJ)o^ai.d— Hampshire. 2,000 Cartridges, 2,3U0 Caps. Colonel W. T. Jones. 5,000 Cartridges, 5,600 Caps. Captain Hunter — Georgia Troop. 40,000 Cartridges, 45,000 Caps. Colonel C. Q,. Tompkins — Kanawha. 4,600 Cartridges, 5,000 Caps, 80 Fixed Shot, 500 Flints. Captain R. L. Walker — Fredericksburg. 58 Fixed Shot, 28 Canister, 158 Shells, 200 Friction Tubes. Major J. P. Wilson — Fort Powhatan. 3,000 Cartridges, 3,500 Caps, 6,000 Cartridges. Captain J. H. Garnett — Mathews. 600 Cartridges, 660 Caps. [Doo. No. 35.] 59 Captain E. T. Blamire — Portsmouth, 3,000 Cartridges, 100 Points. Steamer Yorktown. 1,000 Cartridges, 50 Flints. Captain S. S. Weisiger — Amelia. 1,200 Cartridges, 1,250 Caps. Major General Gwynn — Norfolk, 25,000 Cartridges, 15,000 Caps. Captain Fife — Putnam, 600 Cartridges, TOO Caps. Captain Boykin — Western Virginia. 2,400 Cartridges. Captain Kemper — Culpcper. 16,00f) Cartridges, 17,600 Caps, 28 Fixed Shot, 2S Canister, 75 Tubes. Major B. S. Ewell — Williamshurg. 8,000 Cartridges, 300 Flints. Colonel A. S. Taylor — Alexandria, 10,000 Cartridges. Captain Lay — Powhatan, 1,200 Cartridges, 1,200 Caps. 60 [Doc. No. 35.] J. P. May — Petersburg^ 5,000 Cartridges, 5,500 Caps. Captain J. F. Kent— TTy^Ae. 600 Cartridges, 700 Caps. Colonel Cocke — Alexandria. 2,600 Cartridges, with Caps. Colonel John McCausland — Putnam. 5,000 Cartridges, 10 Fixed Shot, 4 Canister, 30 Tubes. Captain W. T. Jones — Gloucester. 2,200 Cartridges, 2,400 Caps, 42 Fixed Shot, 56 Canistar, 4 Lanyards, 400 Fimts. Eli Phlegar &■ Co. — Christiansburg . 600 Cartridges, 100 Fhnts. Captain George S. Patton — Kanawha. 2,000 Cartridges, 2,200 Caps. Captain B. J. Whalton— Loma. 600 Cartridges. Captain R. M. Cary — Richmond. 2,000 Cartridges, 2,200 Caps. [Doc. No. 53.] 61 Captain Rodgers — Alexandria. 100 Canister Shot, 100 Blaiiif Cartridges, 150 Tubes, 4 Lanyards. Ccneral Ruggles — Fredericksburg. 10,000 Cartridges, 500 Flints, 100 Rounds for eight inch Columbiad. Colonel L. C. Finney — Accomac. 5,000 Cartridges, 2,000 Caps, 42 Fixed Shot, 56 Canister, 3 Lanyards, 175 Flints. Colonel George A. Baii.y — Cartels Wharf. 1,000 Cartridges. Captain E. L. Wharton — Westmoreland. 1,000 Cartridges. General Cocke — Alexandria. 100 Rounds for eight inch Columbiad. Colonel Taylor — Gloucester. 2,600 Cartridges, 2,200 Caps. Captain G. A. Hudgins — Elizabeth Citij. 1,000 Cartridges, 50 Fhnts. Major G. W. Randolph — Richmond, 60 Howitzer Shells, 24 Canister, 108 Shrapnels, 350 Tubes. [Doo. No. 35.] Captain H. C. Cabell — Richmond. 82 Fixed Shot, 56 Canister, 42 Shrapnels, 200 Tubes. J. A. English — Fredericksburg) Va. 2,000 Cartridges, 2,100 Caps. Captain Wyatt M. Elliott — Richmond, 800 Cartridges, 1,000 Caps. Captain R. S. Archer — Richmond, 2,000 Cartridges. Captain M. Vaden — Charles City. 1,000 Cartridges, 1,000 Caps. Captain M. P. Todd— TVei^ Kent. 1,000 Cartridges, 1,000 Caps. Captain Taylor — Surry. 1,000 Cartridges, 1,000 Caps. G. M. Waddell. 600 Cartridges. Captain W. W. Weisiger — Chesterfield. 1,000 Cartridges. Captain Z. S. Magruder — {Henrico.) 1,000 Cartridges, 1,200 Caps, [Doc. No. 35.] 63 Colonel Barney — Norfolk. 11 Boxes Ammunition, (for 24 pounder howitzer.) Captain R. Douthat — Oharles City, 1,000 Cartridges, 1,000 Caps. Joseph Mayo — Mayor of Richmond. 600 Cartridges, 100 Flints. # [Doc. No. 35.] 65 (APPENDIX A.) RfCHMOND, April 1; 1861. Sir: I liave the honor to receiv^e, through the clerk of the House of Delegates, a resolution adopted on the 9th nit., request- ing " the Arinory Commissioners to report the amount of bonds they obtained from the Board of Public Works, under the provi- sions of the act appro])riatitig five hundred thousand dollars to repair the armory and to purchase arms; whether they sold the bonds; and if so, whether at par, or at what discount; and also to render an account of their expenditures; and for what purpose, giving the items and prices; and if they received the whole five hundred thousand dollars of State bonds, what part thereof has been expended, and what disj)Osi(ion have they made of any part thereof not expended." The Commissioners have receiv^ed no State bonds whatever. They have certified accounts to the Board of Public Works, and have requested them to pay such accounts. The means for do- ing so were obtained by sale of the bonds of the State at the Treasury for tlieir par value. The purchasers of the bonds were contractors who had sold arms to the State, or persons who had advanced money to con- tractors and others; and they, as a:lready reported indemnified themselves for losses, by charging enhanced prices. The ac- count to be rendered before the Board of Public Works, under a former resolution of the House of Delegates, will show the amount so charged. I regret that my attendance on the Convention has prevented me from furnishing a statement of this account as requested. The vouchers are ready to be submitled to the Board of Public Works, and the account, when stated, will be placed in the hands of the clerk of the House of Delegates. Three hundred and twenty thousand dollars were appropri- ated for the armory, of which a little upwards of ten thousand dollars have been expended. The appropriation for the purchase of arms was one hundred and eighty thousand dollars, and the contracts made will require it all. As yet, however, the amount expended is about one hundred and fifty-four thousand dollars. I have the honor to be, Your most ob't servant, GEO. W. RANDOLPH. Hoji. Sjjca/ccr House Delegates. 40 66 [Doc. No. 35.] (APPENDIX B.) Ordnance Department, ") Richmond, Juue 15, 1861. 5 His Excellency, John Letch kr, Governor of Virginia: Governor, — I have the honor to hand yon an abstract of issues made from the armory in this city, from the 1st of April to the 14lh of June of this year, both days inchisive. I assume the 1st of April, because that was abgut the date when 1 commenced n)y duties as colonel of ordnance, and the 14th of June, because on that day the duties of the ordnance department were divided between the chief of ordnance of the Confederacy and niyself. Your Excellency will remember, that I had no authority, uor was there any appropriation for the purchase of arms, munitions or machines of war, until a few days prior to the act of seces- sion. That as soon as I was authorized, and had the means to purchase, I sent Mr. Adams, the Master Armorer, to the North with bills of credit to procure such essentials as percussion cap machine, bullet machine, sabres, pisiols, carbines and other ar- ticles ill which the Stale was deficient; and that the annonnce- ment of the State's t;cccssioU following so soon after his Ipaving liere, caused him to fdl in obtaining even one single article, and that he only was enabled to return here bv disguising himself, and making his way as a common laborer seeking work. Being thus deprived of those labor-saving machines, I have had to resort to the human hands, and with but limited and crude materials to prepare our troops for the field; and as these troops took the field rapidly, and as the operatives employed in the various preparations of amnamition, gun-carriages, vfcc, were entirely unaccj^nainted with the work. I hope the result will be satisfactory. After consulting with you, at the commencement of difficul- ties, I made preparation for 15,000 men, as the probable number that Virginia would be called upon to place in the fteld. I hav'e, liowever, actually made up and issued ammunition to the amount of forty rounds to a man, f^r 50,000 men, — have issued 43,658 muskets, carbines and rifles, and 115 pieces of artillery, (of which fifty had to be mounted complete in this city, with eighty sets of artillery harness for four horses each,) with a due propor- tion of amnuniition to each piece, sapplying out of the above many of the troops from others of the Confederate Slates. [Doc. No. 35.] 67 1, yesterday, turned over to the ordnance department of the Southern Confederacy, a laboratory with machines, fixtures and hands capable of turning out 75,000 rounds of ammunition daily, and 9,894 rounds of artillery ammunition, and 114,400 rounds of infantry ammunition ready for immediate issue. I am sir, very respectfully, • C.DIMMOCK, Colonel of Ordnance of Virginia. INVENTORY OF ISSUES From the Virginia State Armory from April 1, 1861, to June 14, 1861, inclusive. 9,233 Cartridge Boxes, 4,842 Bayonet Scabbards, 5,123 Cap Pouches, 9,500 Belts and Plates, 275,000 Yards of Webbing for Belts, 2,054 Rifles and Carbines, 562 Pistols, 1,813 Sabres, ** 25,850 Flint Muskets, 11,636 Altered Percussion Muskets, 4,118 Original Percussion Muskets, 1,540,850 Cartridges for Small Arms, 1,540,850 Caps for the same, 53 Iron Cannon, six and twelve pounders, 39 Brass Cannon, six and twelve pounders, 14 Rifle Cannon, six pounders, 9 Howitzers, twelve pounders, 6,000 Fiiction Tubes, 11,258 Rounds Fixed Ammunition for Artillery. Of the artillery, fifty pieces were mounted in this city. Amm,unition on hand in the Laboratory, turned over on the iith instant to the Souther?i Confederacy. 1,000,000 Percussion Caps, 9,894 Rounds of Ammunition for Artillery, 114,400 Rounds of Ammunition for Infantry. C. DIMMOCK, Colonel of Ordnance of Virginia. P. S.— In addition to the above issues, about 13,000 muskets and rifles liave been issued from the Virginia 31ilitary Instituted7 68 [Doc. No. 35.] also, two six-pounder bronze cannon, two twelve -pounder how- itzer, four six-pounder brass pieces, (cadets battery,) one Parrott rifle cannon, eight sets of artillery harness, 20,000 mnsket car- tridges, 9,000 pounds rifle, musket and cannon powder, and 250 rounds of artillery ammunition. CD. ^ [Doc. No. 35.] 69 (APPENDIX C.) Office of Naval Detail and Equipment, ") Richmond, June 10, 1861. j" Sir, — I have the honor to inform your Excellency that the important duty of the naval defences of the rivers of Virginia, was assigned to the officers of the Virginia navy, on the 23d of April last. A few days previous, the magazine, at Norfolk, with upwards of three hundred thousand pounds of powder, and a large num- ber of shells, was captured by Lieutenants Pegrani, Sinclair and Jones. This daring and unauthorized attack, placed at the dis- posal of the State an amount of ammunition it would be difficult to supply, and with the cannon taken at the Norfolk yard, afforded all the materials needed for the batteries. The rivers of Virginia being undefended, and exposed to at- tack, it is due to the uaA^al officers of Virginia to say, that they went to work to defend them, with zeal proportionate to the ne- cessities of the case. Heavy cannon were moved to their des- tinations with dispatch ; ammunition and projectiles provided; men instructed, and every other preparation made to repel an opposing forne. In erecting the batteries at Sewell's Point, at Pig's Point, at Aquia Creek, and at Gloucester Point, they were attacked by armed steamers. In each case the enemy were repulsed, and the works continued and finished, in spite of their fire. The works on the Ehzabeth, James, York and Rappahan- nock rivers, are so far completed as to justify the belief that they will be able to drive off any naval force that the United States Government can bring against them. On the Potomac river, batteries have been erected at the ter- minus of the Richmond, Fredericksburg and Potomac Rail Road on Aquia Creek. In their incomplete state they were attacked, three times, by a superior force, and in each case Captain Lynch repulsed the enemy's steamers, with considerable loss. If the attack should be renewed, Captain Lynch is now prepared to strike a more serious blow. The command of the steamer Teaser, has been assigned to Lieutenant Rochelle. Two 32 pound guns have been placed upon her, and she is now employed on the defences of James river. Captain J. R, Tucker is fitting out the steamer Yorktowii; TO [Doc. No. 35.] with as heavy a battery as she will bear. Slie will be ready by the 1st of July, and will be a valuable auxiliary to the defences of James River. A howitzer battery, of six guns, has been organized by Lieu- tenant Parker. Four of the pieces are now mounted; the drill of the men is perfect, and this battery will be valuable, wheth- er employed in the field, or in the defences of Richmond. The frigate Merrimac has been raised, and is now in the dry dock at Norfolk. The other sunken ships will be raised as soon as the dock is ready to receive them. The enclosed list, marked (A,) will show the number and calibre of the cannon at the various batteries; and that marked (B,) the number and calibre sent to the other States of the Con- federacy. I am, very respectfully, Your obedient servant, S. BARON, Captain. [Doc. No. 35.] Tl (APPfeNDIX D.) Headquarters op the Virginia Forces, "> Richmond, June 15, 1861. 3 His E.rcellenoj, John Letcher, Governor of Virginia: Sir, — Agreeably to your request, I siibmif a statement of the mihtary and naval preparations for tiie defence of Virginia, from the period of her separation from the United States Government, to the date of transfer of the military operations of the State to the Confederate Goverinnent. Arrangements were made tor the establisliment of batteries to prevent the ascent of our rivers by hostile vessels. As soon as an examination was made for the selection of sites, their con- struction was begnn, and their armament and defence committed to the Virginia navy. Preparations were also begun to receive into the service of the State, volunteer companies, and for organizing, arming and equipping them. JNInsiering officers were appointed, rendezvous established, and provision made for their subsistence and shelter. Tlie primary estimate of the number of troops, of all arms re- quired, based upon the points to be defended, amounted to 51,000 men. The estimated qnota of each portion of the State has been furnished, except from the western section. Arrange- ments were made for calling out volnnteers from the western sec- tion at the same time, and in thesame manner as from the eastern section, but as yet it lias been feebly responded to. Complete returns from the troops in the field have not, and, from the natnre of things, cannot iox some time be received. But from the best sources of information within onr reach, the number of Virginia troops is abnut 3.5,000 men. This amonnt probably falls below the real number, li)r, referring to the report of the colonel of ordnnnce, it will be seen that he has issued 2,054 rifles and carbines, and 41,604 mnskets, in addition to pistols and sabres to the cavalry. Thirteen thousand arms have also been issued from Lexington, making a total of 56,658. Seven thousand of those from Lexington, and several thousand from the arsenal at Richmond, have been issued to troops from other Slates, but many of the \'irginia companies, supposed to be about 5,000 men, were armed, when received into the ser- vice of the Slate. Should the number of armed companies from other States not differ materially from the number of armed com- panies of the State, the number of Virginia troops in the field may be assumed to be about 40,000. 72 [Doc. No. 35.] When it is remembered that this body of men was called from a state of prof )Utid peace to one of unexpected war, you will have reason to commend the alacrity with which they left their homes and families, and prepared themselves for the defence of the State. The assembling of the men, however, was not the most dif- ficult operation. Provision for their instruction, subsistence, equipment, clothing, shelter and transportation in the field, re- quired more time and labor. The carriages of the guns for river, land and field service, had to be n)ade, with the necessary implements, caissons, battery wagons, &c. One hundred and fifteen guns for field service have thus been provided, from which twenty li^ht batteries, of four guns each have been furnished with the requisite horses, harness, ttc 115 For the defence of .Tames River; two batteries and two steamers have been provided, mounting altngether 40 guns, varying in calibre from 32 pounders to 8 and 9 inch Colum- biads. Arrangements are also in progress for mounting sixty guns of different weights in the defences around Rich- mond, and a naval battery of six 12-pound Howitzers is in process of organization 40 On York River. three batteries have been constructed, mounting thirty guns, of calibres similar to the guns on James River 30 Sites lor batteries on the Potomac have also been selected, and arrangements are in progress for their construction. But the entire command of that river being in possession of the United States Government, and a larger force required for their security than could be devoted to that purpose, the batteries at Aquia Creek have only been prepared. Twelve giuis are in y)osition there 12 On the Rappahannock River a four gun battery of 32- pounders and eight inch Columbiads has been erected 4 Six batteries have been erected on the Elizabeth River, to guard the approaches to Norfolk and the Navy Yard. They mount 85 32-pounders and 8 and inch Columbiads g5 To prevent the ascent of the Nansemond River and the occupation of the Railroad from Norfolk to Richmond, three batteries have been constructed on tliat river, which will mount 19 guns 19 The frigate United States has been prepared for a school ship, and provided with a deck battery of 19 32-pounders and 9 inch Columbiads for harbor defence 19 324 The frigate Merimac has been raised and is in the dry dock, [Doc. No. 35.] 73 and arrangements are made for raising the Germantown and PJjr- In addition to the batteries already described, other works havP been constructed for their land defence, exceeding in m ny'V stances the work on the batteries themselvres. An extensive^li e of field works has been erected for the secnrity of Norfolk on the side towards the bay. Redoubts for the same purpose 1 ave been constructed at Jamestown Island, Gloucester Point York- town and across the neck of land below VVilliamsbur- I have confined myself to a general narrative of operations sTaff ■ ' '"^"' ^'"^ '' '■'' ''P°^*^ ''^ '^'^ several chSf I am, Governor, very respectfully, Your obedient servant, ROBERT E. LEE, General Commaiidmg. 41 [Doc. No. 35.] 75 (APPENDIX E.) BY THB GOVERNOR OF VIRGINIA. A PROCLAMATION. The delegates of the people of Virginia, in Convention assem- bled, having by their ordinance, passed April 25, ISGl, adopted and ratified the Constitution of the Provisional Government of the Confederate States of America, ordained and established at Montgomery, Alabama, on the 8th day of February, ISOl, and the State of Virginia having been, by an act of the Congress of the Provisional Government of the Confederate States, passed May 7, 1861, admitted as a State into the Confederate Govern- ernlnent, and the President being, under the Constitution of the Provisional Government of the Confederate States, the com- mander-in-chief of the army and navy of the Confederate States, and of the mihtia of the several Slates when called into the ser- vice of the Confederate States. Now, therefore, I, John Letcher, Governor of the Common- monwealth of Virginia, by and with the advice and consent of the Execntive Council, do hereby transfer to the authorities of the Confederate States, by regiments, all the volunteer forces which have been mustered into the service of Virginia, and do order a like transfer to be made by regiments, battalions, squad- rons and companies of all volunteers, or militia, as the same shall be formed and thoir services may be required, 1 further hereby transfer to the authorities of the Confederate States the comnjand of all the officers, seamen and marines of the Provisional Navy of Virginia for service in the Confederate States. 1 do further order that all officers of the Virginia service now on duty in any of the departments of the staff, continue to dis- charge their respective functions undi^r the direction and control of the PresidcMit, until otherwise ordered; and that all qnarter- master, commissary and medical stores belonging to tlie State and in charge of said officers, be turned over for the use of the Confederate States, upon proper receipts for the articl«*s turned over, to be f)rwardeJ to the accounting officer fir settlement. All monies in charge of any of the departments will be fortlivvith returned into the treasury of the State. Y6- [Doc. No. 35.] I do further order the provisional army of Virginia to respect and obey all lawful orders emanating from the President, or those commanding under his authority; and that the same may be incorporated, in whole or in part, into the provisional army of the Confederate States, at the pleasure of the President. I do further authorize the use of all public property, munitions of war, &c., captured from the United States, the machinery at Harper's Ferry excepted, by the President or those acting under his authority, for ihe common defence. Given under my hand as Governor, and under the seal of the State, at Richmond, this sixth day of June, A. D. 1861, and in the eighty-fifth year of the Commonwealth. JOHN LETCHER. By the Governor: George W. Munford, Secretanj of the Commomvealth, [Doc. No. 35.] T7 (APPENDIX R) Executive Department, ^ June 14, 1861. j" To His Excellency^ John Letcher, Governor of Virginia: Sir, — The amount actually paid out of the State Treasury, from the 3lst of April to the present date, by orders of the Board, appointed to audit mihtarj^ and naval claims, is as follows: For the Army $1,737,950 49 For the Navy 100,748 49 Total $1,838,698 98 Besides this there are outstanding allowances not yet present- ed at the Treasury, which will probably amount to $100,000 additional. These amounts do not include pay of the officers and men, the pay rolls not having yet been presented or made out. The Paymaster-general estimates the amount necessary for pay alone, to the 1st of June, at $1,000,000, for troops now in the field. Additional forces now called out will require more. He also estimates that there will be required, for commutation for clothing of the troops, and commutation for forage for officers, the sum of $841,000. Total required, $3,679,698 98. GEORGE W. MUNFORD, Secretary of the Commonwealth, [Doc. No. 35] 79 (APPENDIX G.) Division HEAoauARTEns, ^Harper's Ferry, April 19, 1S61 1 General, — I beg to communicate through you to Governor Letcher, that I am forwarding to Winchester, with all despatch possible, the arms and machinery at this place, retaining only such of the arms which are complete, and rescued from the burn- ing as are thought necessary to equip the troops, imperfectly armed as they came in. There are now about thirteen hundred men here, and I expect reinforcements to the number of five hun- dred in a few hours, and I have information of about a thousand now on the way. It is estimated by a number of the workmen lately employed in the armory, who presented themseh'es to me to-day as a committee, that it would taice several months to re- move the machinery and other public property from this point, but I find they are much disaffected, being property holders, and therefore disposed to exaggerate the difliculiies. 1 hope, how- ever, that the interview impressed them with different views of their own interests, that their labor which was their support, was their most valuable interest. They will be needed wherever their works may be removed. This 1 believe will induce them to aid heartily in the purposes designed by the Executive. If authorised to give them assurance of employment, it would re- lieve me of some difficulties, and probably promote the public interest. The armory at Richmond could be put in operation at once. I make these suggestions for the consideration of the Governor. Tiie information I have received in regard to the condition of affairs in Maryland, and especially the city of Baltimore, added to the appearance of men on the mountain on the Maryland side, commanding this place, induced me this morning to send an officer to the high sheriff of the county, notifying him of my distress to, and of my unwillingness to trespass upon the soil of our sister State, unless compelled by necessity, requesting him to call out the militia to maintain their neutrality. My messen- ger has not yet returned, and circumstances have since come to my knowledge which impelled me to order a company to occupy the heights during t!ie night. My labors have been so incessant during the day that I cannot communicate more freely at present. 80 [Doc. No. 35.] I enclose a despatch from John W. Garrett, President of the Baltimore and Ohio Rail Road. Very respectfully; your obedient servant, KENTON HARPER, Major General Commanding. Brig. Gen. W. H. Richardson, AdJ^i General, Va. [Doo. No. 35.] 81 Division Headquarters, ■> Harper's Ferry, Nov. 20, ISGl.j" Dear Goveimor, — I have addressed you officially through the Adjutant General, and I only wish to saj to you here, that you know me, and that I must necessarily be allowed to act to a great extent upon my own judgment, as to what is required by the exigencies of my position. You have honored me with a high trust, involving great responsibilities, and I will rely upon you for all needful support. The influences around me at Winchester, I found to be so unfriendly that I determined in a few hours to remove my Head- quarters to Charlestown. But one company had arrived which I took with me, and left orders with an oi!icer directing the troops as they came in to report to me at that place. The use of the telegraph was denied me by the operator, and the President of the road saying he was unable to get another operator, 1 closed the office, to prevent its being used against me. I do not doubt, however, that the mischief was done by the operator, even before my messenger returned, and that the commanding officer of the post was informed of my movements. In haste, yours truly, KENTON HARPER, Major General Commanding. His Excellency, John Letcher, Governor. 42 [Doc. No. 35.] 83 [COPY.] Gen-eral Headquarters, Adjutant General's Office, April 17, 1861. Brigadier GcfteralJ ames H. C arson, IQih B?'igade: Sir, — You will issue instant orders to the volunteer force of your brigade, to hold itself in readiness for service at a moment's warning, and support any movement that may be made by the State troops, upon the Arsenal and works at Harper's Ferry. They will probably be joined by the volunteers of Augusta and Rockingham, made for mounting not 2 thirty-two pounders of 27 cwt. } less than 20 guns. LamberVs Point — Lieut. John S. Taylor. 6 thirty- two pounders of 59 cwt. BarretVs Point — Lieutenant J. Pembroke Jones. 6 Thirty-two pounders of 57 cwt. Town Point. Number and calibre of guns not reported. Arrrangements have been made for mounting five guns. Pig''s Point — Commander R, B. Pegham. 4 Eight inch guns of 55 cwt. 4 Thirty-two pounders of 42 cwt. Frigate ''United States^ ^ — Receiving Ship - Commander T rob, R. ROOTES. Spar Deck, 3 nine inch guns of 9,000 pounds, Gun Deck, 16 thirty-two pounders of 51 cwt. In addition to preparing this vessel, as a school ship for drill- ing the men, she has been provided with the above armament for the defence of the yard and the gun park, at St. Helena. The frigate "Merrimac" has been raised, and is now in Dry Dock, at Norfolk. She is valued, in her present condition, at not less than $250,000. Arrangements are now being made for raising the sloops of war ^'Jamestown" and ''Plymouth." Office of Naval Detail and Equipment, Richmond, Va., June 10, 1861. [Doo. No. 35.] 95 (B.) LIST OF G-TJNS Sent from the Norfolk Navy Yard to North Carolina, Tennessee) Louisiana and Georgia. NORTH CAROLINA. 2 Thirty-two pounders of 42 cwt. 4 Thirty- two pounders of 27 cwt. 4 Twenty-four pounders of 31 cwt. 20 Thirty-two pounders of 61 cwt. ]0 Thirty- two pounders of 57 cwt. 10 Thirty-two pounders of 46 cwt. 10 Eight-inch guns of 63 cwt. 20 Thirty-two pounder carronades 17 or 18 cwt. 80 Guns. TENNESSEE. 10 Thirty-two pounders of 42 cwt. 32 Thirty-two pounders of 61 cwt. 42 Guns. 10 Forty-two pounders of 70 cwt. were also sent from Rich- mond. LOUISIANA. 8 Eight-inch guns of 63 cwt. 1 Nine-incli gun of 9,000 pounds. 8 Thirty-two pounders of 33 cwt. 4 Thirty-two pounders of 27 cwt. 21 Guns. GEORGIA. 2 Thirty-two pounders of 27 cwt. [DOC. NO. xxxvn.] REPORT OF THE AUDITOR OF PUBLIC ACCOUNTS, SXHIBITING THK WHITE, FREE AND SLATE POPULATION, AND THE VALUE OP BEAl ESTATE AND PERSONAL PROPERTY. ARRANQED BY DISTRICTS. .^iiL [Doc. No. 37.] REPORT. Auditor's Office, ) Richmo7id, Nov. 21, 1861. J To R. L. MONTAGUE, E.q., President of ttie Convention. Sir, — In pursuance of a resolution of the Convention, over which you preside, adopted on this day, requesting '' the Audi- tor of Public Accounts to furnish to the Convention a table showing the white population of each county in the State ; the number of white male inhabitants above the age of twenty-one years ; the negro population of each county ; and a statement showing the value of property in each county, real and per- sonal." I have the honor of submitting herewith the table desired, with a request that you will lay the same before the Convention. The information had been obtained and forms part of my report for the next General Assem!)ly, and as will be observed, is arranged by geographical districts. I have not deemed the arrangement of sufficient importance to change the same, and trust that the table, as arranged, will be acceptable. I am, very respectfully, Your most ob't serv't, .1. M. BENNETT, Auditor of Public Accounts. [Doc. No. 37.] TABLE A. Exhibiting; the while male persons orer 21 years of age, and the free negro and slave population \of each countij and city in the state; and the total u bite and free negro and slave popxilation; also, the valne of real 'estate and personal property owned by residents of each county; arranged by districts. EASTERN VIRGINIA— Tide Water District. COUNTIES. Alexandria Accomac Charles City Caroline Chesterfield Kssex Elizabeth City Fairfax Greenes ville Gloucester Hanover Henrico Isle of Wight James City King George King William King ife (Jueen Lancaster Matthews Middlesex Nansemond, New Kent Norfolk county. . . . Northumberland.. . Northampton Princess Anno Prince George Prince WilUiim Richmond county. Stafiford Southani])ton Spotsylvania Surry Sussex Warwick Westmoreland York Total. & h> CJ CITIES AND TOWNS. Fredericksburg. Norfolk city. ... Portsmouth Richmond Williamsburg. . Total. 1,110 1,41 s 4:)i ,587 ,916 734 406 ,924 3S1 017 ,57« ;,4n:{ ,076 27-2 905 4*5 722 501 ,1.52 4^S 206 73;5 640 994 700 ,814 781 ,100 243 961 5171 729 I5S 785 517' 9,85s! 10,6s7i l,S06l 0,950 10,01S 8,295 3,180 8,047 1,978 4.5H' 7,50s 18,697| 5,05:5 1,412, 2,515! 2,5891 8,801! 1,9841 3,865] 1,866' 5,742l 2,146 5,887' 3,S7l! 2,994] 4,885 2,91 s! 5,(is9 S..570 4,92'J 5,751 4,896 2,864 8,118] OCv: 3,886 2,0N8 ao,79S| 168,282 079 .8,815 1,7041 10,157 1,627 8,7'.9 4,102l 24,2s^ 150i 714 8,262 47,302 1,408 8,892 856 848 644 47>j 201 071 1 284 702 288 1,604 l,8r>4 926 885 4I5I 888; 80 > I 2181 128| 2,470 864 1,2271 •220 1 966 193 496 520 s20 319 1,750 l,-:54 673 59! l,l!'2j 07:| 1,386 4,507 2,947 10,672 ,s,8.V5 6,696 2,417 8,117 4,167 5,730 9,484 8,842 8,570 1,8:58 3,675 5,525 6,142 2,869 3,00s 2,375 5,481 3,874 8,53^ 8,439 8,872 3,186 4,990 2,85(' 2,466 8,814 5,409 0,495 2,515 6,884 1,019 3,704! 1,925 12,652 18,,5S6 5,609 18,465 19,015 10,469 .5,798 11,S85 6,874 10,9.50 17,225 28,64:5 9,977 4,176 0,575 8,529 10,331 .5,1.54 7,091 4,:5M 13,698; 5,884 10,1.52 7,r)30 7,8:52 7,714' 8,410 8,565 6,8.56 8,5,55 12,910 11,04S 6,183 10,17.5 1,740 8,2S2 4,949 5,066,42 3,288,595 1,305,827 4,727,562 4,273,429 3,651,663 2,390,530 8,918,107 1,824,494 2,.58.5,441 2,268,.8ss 8,566,777 1,842,295 805,388 1,926,844 2,.547,S50 2,465,794 1,174,:550 1,7S4,:590 1,125,820 2,570,890 1,298,098 2,94.5,414 2,271,802 2,792,995 1,9.56,116 2,108,425 2,48:5,49 1,228,165 1,975,720 1,882,092 1,^1,680 1,223,142 1,786,654 809,850 1,920,894 715,420' 2,848,413 3,418,229 2,216,085 9,196,405 6,s78,00S 6,980,348 8,2.57,595 8,270,314 4,206,406 4,740,689 5,492,985 8,001,472 2,9S5,587 1, 294,01 :J .3,755,494 ,3,671,600 .5,177,:324 2,462,375 3,060,810 1,727,768 4,999,560 2,178,800 8,593,118 3,198,127 8,605,810 2,654,374 4,672,740 2,825,290 1,918,789 4,008,937 4,287,102 4,926,58:5 2,060,948 6,727,1 oii 619,:5s'> 2,686,104 1,060,910 28,727 160,299: 357,258 $88,800,7091 $140,949,892 422| 1,291 5,028 1,028| 4,.582| 1.5,7i7l fM7' 9:^8 10,289 1,987 11,699 87,973 120 74S' 1,612 4,114 19,203 70,619 Aggregates I 44,060 215,684 32..^! 179 502 427,8771 16 [Doc. No. 3Y.] TABLE A.-Continiied. Exhibiting the white male persons over 21 years of age, and the free negro and slave populalicn of each county and city in the state; and the total lehile and free negro and slave pnpiilalion; also, the value of real estate and personal property owned by resi- dents oj each county; arranged by districts. EASTERN VIRGINIA— Piedmont District. COUNTIES. Albemarle Amelia Anilierst. . . Api)<)niiittox Bcdfnni .... Brui.snkk Buckingham C.uiipbell Clmrlotte Culp p.r Cumberland Dinnicl,ii( Fauquier Franklin Fluvanna Greene.... Godchland H ilifax . . Henry .... Loudoun Louis I. Lunenbur Madison MrckUnbur; Ntls')n Noltoway OrangK Vatric k Pittsj h'ania . Prince E '.war Ponhat n Kappahaiaiock. $S,6S4,S22 7,2T0,.381 5,785,876 5,006,126 11,897,809 9,256,796 8,5.57,258 7,47.5,316 9,20.3,953 6,308,167 7,305,3.50 6,909,.552 7,060,047 6,682,206 5,759,879 1,964,948 5,349,197 14,337,908 8,6S5,273 8,620,796 9,486,865 8,011,602 4,.532,565 11,649,.398 6,852,666 6,101,601 0,300,065 2.-340,929 14,937,087 7,103,021 5,5.5.5,755 3,641,020 [Doc. No. 37.] TABLE A.— Continued. Exhihiling the ichite male persom over 21 years of ap^e, and the free ?ir^io nvd slave population of each county and city in the slate; and the total while and free tienro and slave populalion; also, the value af real estate and peisonal property oxvned by reti- dents of each county; arranged by dislricls. VALLEY. COUNTIES. Alleghany.... Augusta Bath Berkeley Botetourt Clarke Craig Frederick . . . Hampshire . . Harriv Hifrhland.... Jefferson . . . . Morgan Page Pendleton .. Roanoke Rockt)ndge. . Rockinghiun . Shenandoah , Warren Staunton . . . Winchester.. Total.. TOWNS. Total. ^ t- 210,898 $92,942,(72 .$63,160,810 3,906 4,894 [Doc. No. 37.] TABLE A-OontinTied. Exhibiting the white male persons over 21 years of age, and the free negn population of each county and city in the state; and the total ivhite and free slave population; also, the value of real estate and personal property oivne dents of each county; arranged by districts. TRANS-ALLEGHANY— Southwest. uy resi- COUNTIES. Boone Buchanan . . . Carroll Fayette Floyd Grayson Greenbrier . . Giles Lee Logan Mercer Monroe Montgomery McDowell. . .. Pulaski Raleigh . . . . Russell Scott Smyth Tazewell . . . . Washington.. Wise Wyoming. . . . Wythe !y Qj ti 13 846 477 l,46f. 1,115 1^51 1,-38.') 2,240 1,104 1,894 824 1,162 1,957 1,.')5S 270 741 G41 1,515 2,080 1,361 1,719 2,602 747 455 1,997 4,681 2,762 7,719 5,716 7,745 7,65-3 10,499 6,051 10,195 4,789 6,428 9,.526 8,259 1,535 3,814 3,291 9,080 11,580 7,734 8,627 14,098 4,416 2,797 9,986 1 1 31 10 16 52 186 54 13 1 28 117 139 18 19 51 52 181 91 247 26 Total 31,526 168,8Sll 1,486 19,025l 189,-392 $51,910,8-30 $87,093,506 153 30 262 271 475 54 1,525 778 824 148 862 1,114 2,217 1,589 57 1,099 490 1,037 1,202 2,548 66 64 2,162 4,840 2,793 8,012 5,997 8,236 8,252 12,210 6,888 11,032 4,938 6,818 10,757 10,61 5| 3,535 5,416 8,367 10,1801 12,073| 8,952 9,920i 16,893 4,508 2,861 1 12,305' 524,989 213,-357 1,001,908 1,409,657 1,884,296 1,464,938 5,537,6'8 1,820,049 8,297,312 508,520 1,464,047 4,245,516 4,134,315 9-3,190 2,557,663 569,665 2,956,886 2,119,937 2,571,965 3,104,524 58,378,75 569,287 287,060 4,786,262 o 423,838 91,149 784,848 478,150 978,852 1,141,930 2,851,100 1,379,909 1,159,0.37 447,7.33 827,615 2,8.54,738 3,4.58,145 39,523 2,113,786 289,966 3,772,037 1,167,756 1,719,826 2,10^,283 4,411,035 248,995 163,-372 4,088,893 w [Dor. No. .ST.] TABLE A.-Coiicluded. Exhibiting the white male persons over 21 years of age, and the free negro and slave population of each county and city in the state; and the total trhite and free negro and slave population; also, the value of real estate and personal property otvned by resi- dents of each county; aiTanged by districts. TRANS-ALLEGHANY— Northwest. COUNTIES. Barbour. . . . Braxton Brooke Cabell Calhoun Clay Doddridge .. Gilmer Hancock Harrison. . . . Jackson Kanawha. .. Lewis Marion , Marshall . . . Mason Monongalia Nicholas Ohio Pleasants... Preston Pocahontas. Putnam Randolph . . Ritchie Roane Taylor Tyler Tucker Upshur Wayne Wetiel , Webster Wirt Wood 1,762 1,007 1,023 1,490 420 3 4 93."j 644 S84 2,668 1,545 2,572 1,454 2,422 2,18^ 1,595 2,415 962 4,186 651 2,585 823 1,179 940 1,176 1,010 1,394 1,'<12 255 1,271 1,271 1,V35 188 7'i9 2,639 8,729| 4,885 5,425 7,091 2,492 1,761 5 168 3,685 4,442 13,185 8,240 13,787 7,760 12,656 12,986 8,752 12,9i'7 4,470 22, '96 2,926 13,188 8,686 5,708 4,793 6,809 5,309 7,300 6,488 1,396 7,064 6,604 6,691 1,552 3,728 10,791 .2"S 135 95 3 104 51 18 24 8i5 1 9 5 21 1 34 22 52 1 2 23 5S? 11 55 179 2,184' 83 n(\^ 2 68' 86 29 ■ 47. 386 40, 101 2' lf4 126 lOo! 4 15; 62 67; 20 ^52 13: 580 14 lf-8 1 72 M 112 11 18 12 20 16 212 ...! 148 2 10 ...I 23 79 176 8,959 4,992 5,494 8,020 2,502| 1,787 5,208l 8,759 4,445 18,790] 8,306 16,150, 8,0V 9 19,721; 13,001 9,185 18,048 4,626 22,422 2,945 13,312 8,958 6,801 4,990 6,847 5,882 7,463 6,517 1,428 7,292 6.747 6,703 1,555 8,751 11,046 •3S 784,487 328,722 1,498,722 1,000,938 118,187 85,158 828,892 846,447 1,< 18,708 2,099,892 458.791 2,220,626 860,271 1,595,058 1,064,491 1,164,180 1,814,232 1,462,470 4,476,616 167,607 1,457,204 1,080,712 1,064,064 646,668 604,475 280,465 879,166 807,748 92,612 741,889 510,698 878,898 54,000 224,981 1,181,079 Total 1 48,898 255,20ll 1,027 6,448 262,676' (69,062,170 $38,882,724 2,863,066 996,952 8,086,024 2,186,995 40i,7P9 180,854 1,080'446 766,642 2,300,959 5,021,996 1,328,240 3,297,941 2,385,139 3,306,048 3,780,216 V, 774,860 8,571,754 1,805,6 5 8,538,904 657,306 2,688,076 1,877,853 1,5^3,495 1,765,589 1,807,004 714,110 1,84 i, 7 48 1,721.036 292,830 1,750,805 1,066,521 886,456 197,816 683,819 2,696,777 f 10 [Doc. No. 84.] Recapitulation of Table A. 1 2 8 1 4 s C T DISTRICTS. let. i O £ S 1 i CO To "3 ii > 7J a ■3" > Tide-Water 44,060 60,66») 85,W9 81,6'J6 48,893 210 «6S 21&,J«4 82,S4l' 179,602 28 ',776 16,()44 »4«i.649 176,158 ^,S41 37,2t>4 16>,'<81 1,4K6, 19,-26 2M,20i; 1,027 6,44'? 497,877 496,671 219,198 189,392 262,676 88,800,769 186,646,848 92,942,072 51,910,880 69,054,170 $487,761,689 140,949,392 Piedmont Valk'V 2-'8,078,184 68,I6<-,810 Southwest 37,r.98,50« Northwest 82,282,724 Aggregates 1,047,647 67,tt» 401,0281,695,814 |49«,609,61« AN ORDINANCE OF THE STA_TE OF VIKOINIA.. Whereas, tlie State of Virginia has made every honorable 2 effort to restore the friendly relations which should exist be- 3 tween the General Government and the several States of the 4 Union — upon terms perfectly just to all, but deeming it un- 6 necessaiy to refer to the causes of complaint which have 6 existed for a series of years, still more aggravated as those 7 causes now are by the declared purposes of a mere sectional 5 majority — and as all the efforts so made have proved una- 9 vailing — without reciting the differences of opinion which 10 exist in regard to the powers of the State Government or 11 those of the Government of the United States, as derived 12 from the reserved rights of the one, the constitutional autho- 13 rity of the other, or the inherent rights of the people consti- 14 tuting a Government which seeks to protect the persons and 15 property of those who compose and who have ordained and 16 established it^ against the abuses of such Government itself, 17 or which arise from its connexion with the Government of 18 other StateS;, or that of an association of States — the people of 19 Virginia, in Convention assembled, deem it proper now to 20 declare that the time has arrived when it becomes them to 21 assume, as they do, their position as the people of a sovereign 22 independent State. 1 . Be it, therefore, ordained by the people of Virginia, and 2 theij do hereby declare, That the said State is no longer one 3 of the Union of States known as the United States of Ame- 4 rica, and that the people of the said State owe no allegiance 5 or duty to any other Government whatsoever. 2. Be it further ordained, as it is hereby declared. That the 2 people of the said State do resume all the rights of property 3 or the use thereof which have been granted, by the said 4 State to the Government of the United States, or which 5 have in anywise accrued to the same by reason of the 6 connection of the said State with the said Government, by 7 the assent of the said State, given with a view to the pro- 8 tection of her own people, and the people of all the other 9 States, composing a Union formed under an agreement that 10 it should establish justice — insure domestic tranquility — pro- 11 vide for the common defence — promote the general welfare 12 and secure the blessings of liberty to themselves and their 3 13 posterity — that agreement having been violated, and the ob- 14 jects of the Union perverted so as to defeat the purposes of 15 justice — to destroy the very foundations of domestic tran- 16 quiht}^ — to lessen the means of common defence — so as to 17 disregard tlie objects of tlie general welfare of one entire IS section of the Union, and thereby to entail, in that section, 19 injury and oppression npon the people thereof, and upon 20 their posterity forever. 3. And without determining at this time whether the State 2 of Virginia will unite herself with an}?- other State or asso- 3 elation of States in any common Government, this Conven- 4 tion doth respectfully and earnestly request that the States 5 of North Carolina, Tennessee, Kentucky, Maryland, Mis- 6 souri, Arkansas and Delaware will, as soon as possible, ap- 7 point Commissioners to meet Conunissioners, to be appointed S by this Convention, in the City of Lexington, in the State 9 of Kentucky, on the last Wednesday in May next, to confer 10 together and to propose a plan of constructing a Government 11 to be formed by the said States, Virginia inclusive, and the 12 Confederate States of America. Such plan of Government, 13 however, to have no binding authority till the same shall be 14 adopted and ratified by this Convention. And for the better 15 accomplishment of the objects intended, the said Confederate 16 States of America — ara, also, respectfully requested to send 4 17 three Commissioners to the Conference herein proposed— 18 who shall be invited at such time as may be agreeable to 19 them to address the same. That each of the States herein 20 before named, shall be entitled to as many votes as it had 21 Representatives and Senators in the last Congress, in the 22 Conference herein proposed. That the Commissioners to be 23 appointed by this Convention, shall make report to the Go- 24 vernor of this Commonwealth, as speedily as possible, of the 25 result of their deliberations — whereupon he shall make known 26 the same by proclamation. That on the 15th day after the 27 date of such proclamation, (unless the same be Sunday, then 28 on the next day,) this Convention shall reassemble in the 29 City of Richmond at such place as the Governor shall desig- 30 nate in said proclamation, and shall then and there consider 31 the report of the said commissioners and all other matters 32 which at this time are or may then be proper subjects for de- 33 liberation, touching the future relations of the State of Vir- 34 ginia to any other government or State. 4. And it is hereby ordained and declared hij the people of 2 Virginia, That they do recognize and acknowledge the in- 3 dependence and national ty of the said Confederate States of 4 America; and that they will extend to the said States any aid 5 which they the said people of Virginia can command, or which 6 may be necessary to enable the said States to maintain their 5 7 independence, or against any coercive measures which may 8 be adopted by the authorities of the United States. 5. Be it further declared, That the people of Virginia have 2 ever cherished an ardent attachment for the Union and the 3 Constitution of the United States while it was the bond of 4 peace and fraternity; and that it can now only be restored 5 upon the original basis by an amendment of the Constitution 6 through the primary agency of the non-slaveholding States 7 themselves proposing suitable and sure guarantees, and by a 8 full and unconditional, plain and positive recognition of the 9 rights of property in slaves, as held under the laws of any of 10 the States; so as also to obtain satisfactory assurances and 11 guarantees, for the future, as to slavery in the District of Co- 12 lumbia; as to the powers of the Federal Government over 14 African slavery, and the employment of slave labor in the 15 forts, arsenals, dock yards, and all places ceded by the States 16 for Federal uses; as to protection against excessive direct 17 t;axes on slaves; as to the rendition of fugitive slaves; as to 18 the transit with slaves through any of the States by land or 19 water, and of the right of transportation on the high seas of 20 slaves from one State to another State or Territoy; as to the 21 protection of slave property in the common territories of the 22 United States; as to the better security of the independence 6 23 of the judiciary^ and for protection against unjust taxation in 24 the form of excessive imposts laid upon foreign importations 6. Be it further declared, That the people of Virginia, 2 though they have taken their position, have an anxious de- 3 sire to preserve the peace, and would, therefore, regard any 4 action of the Federal Government tending to produce a col- 5 lision, pending negotiations for the adjustment of existing 6 difficulties, as aggressive and injurious to the interests and 7 offensive to the honor of this State; and they would regard 8 any action on the part of the Confederate States of America, 9 tending to produce a like collision, as hurtful and unfriendly, 10 and as leaving the people of Virginia free to determine their 11 future policy. 7. Be it also further declared, That the President of this 2 Convention shall immediately cause copies of this ordinance 3 to be forwarded to the Governors of each of the United 4 States, as the same existed on the first day of December 5 1860, to the President of the Confederate States of Ame- 6 rica, and to the President of the United States. And it is 7 further ordained, that this Convention will proceed at once 8 to the appointment, viva voce, of fifteen commissioners to at- 9 tend on behalf of this State, the Conference herein proposed 10 to be holden; and it is provided, also, that if commissioners 11 shall fail to attend the said Conference, from the other States 7 12 named in the third clause of this ordinance, so that the said 13 Conference shall not be holden, then the said commissioners 14 from this State shall, in like manner, report the fact to the 15 Governor, who shall make proclamation thereof, when also 16 this Convention shall reassemble at the time herein provided 17 for. 8. But this Convention, anxious as it is to take no step to 2 disturb existing relations, only so far as is necessaiy, but 3 seeking to avoid any collision, doth suspend the operation of 4 the second clause of this ordinance till such time as it may 5 deem proper to enforce the same, and with a view to an ad- 6 justment of the pending difficulties, through the agency of 7 the Conference herein provided for, and by a returning sense S of justice among the people of all sections. SUBSTnUTE For the Jirst section of the report c Relations, proposing amendment, United States, presented by Mr. 1 ' the Committee on Federal to the Constitution of the OYD, March 21, 1861. In all the present territory of thd United States, north of the 2 parallel of thirty-six degrees and thirty ininiites of north lati- 3 tude, involuntary servitude, excipt in punishment of crime, 4 is prohibited. In all tlie present territory of the United 5 States south of said line of latitiiie, involuntary servitude or 6 slavery of the African race is hereby recognized as existing, 7 any law or usage to the contrary notwithstanding; and no 8 law shall be framed by Congress or by the territorial legisla- 9 tnre, to hinder or prevent the taking of persons held in 10 slavery or involuntary servitude, from any of the States of 11 this Union to said territory, nor to impair the rights arising 12 from said relation; but the same shall bo subject to judicial 13 cognizance in the Federal courts, according to the remedies 14 and practice of the common law; and said relation shall be 15 protected by all the departments of the territorial Govern- 16 ment. When any territory north or soutii of said line, within 17 such boundary as Conress may prescribe, shall contain a 18 population equal to thafrequired for a member of Congress, 19 it shall, if its form of gcernment be republican, be admitted 20 into the Union on an eqial footing with the original States, 21 with or without involunary servitude, as such Constitution 22 of the State may provide. In all territory which may here- 23 after be acquired by the United States, involuntary servitude 24 is prohibited, except for ;rime, north of the latitude of thirty- 25 six degrees thirty minucs; but shall not be prohibited by 26 Congress or any territor.al legislature south of said line. REPORT Of the Committee on Fedei^al Relations, proposing amendments to the Constitution of the United States. The Committee on Federal Relations have, according to or- 2 der, had under consideration sundry resolutions to them rc- S ferred, and amendments proposed to the Federal Constitu- 4 tion, and beg leave to report the following amendments to be 5 proposed to the Constitution of the United States; to be 6 appended to their former report: ARTICLE XIII. Section 1. In all the present territory of the United States, 2 north of the parallel of thirty-six degrees and thirty minutes 3 of north latitude, involuntary servitude, except in punish- 4 ment of crime, is prohibited. In all the present territory, 5 south of that line, involuntary servitude, as it now exists, 6 shall remain and shall not be changed; nor shall any law be 7 passed by Congress or the territorial legislature to hinder or 8 prevent the taking of persons held to service or labor, from any of the States of this Union to said territory; nor to im- 2 10 pair the rights arising from said relation; nor shall said rights 11 be in any manner affected by any preexisting law of Mexico; 12 but the same shall be subject to judicial cognizance in the 13 Federal courts, according to the remedies and practice of the 14 common law. When any territory, north or south of said 1 5 line, within such boundary as Congress may prescribe, shall 16 contain a population equal to that required for a member of 17 Congress, it shall, if its form of government be republican, 18 be admitted into the Union on an equal footing with the 19 original States, with or without involuntary servitude, as 20 such Constitution of the State may provide. In all territory 21 which may hereafter be acquired by the United States, invo- 22 luntary servitude is prohibited, except for crime, north of the 23 latitude of thirty-six degrees and thirty minutes; but shall 24 not be prohibited by Congress or any territorial legislature 25 south of said line. Section 2. No territory shall be acquired by the United 2 States, except by discovery and for naval and commercial 3 stations, depots and transit routes, without the concurrence 4 of a majority of all the senators from States which allow in- 5 voluntary servitude, and a majority of all the senators from 6 States which prohibit that relation; nor shall territory be ac- 7 quired by treaty, unless the votes of a majority of the sena- 8 tors from each class of States hereinbefore mentioned be cast 3 9 as a part of the two-third majority necessary to the ratifica- 10 tion of such treaty. Section 3. Neither the Constitution, nor any amendment 2 thereof, shall be construed to give Congress power to legis- 3 late concerning involuntary servitude in any State or territory 4 wherein the same is acknowledged or may exist by the laws 5 thereof, nor to interfere with or abolish the same in the Dis- 6 trict of Columbia, without the consent of Maryland and Yir- 7 ginia, and without the consent of the owners, or making the 8 owners, who do not consent, just compensation; nor the 9 power to interfere with or prohibit representatives and others 10 from bringing with them to the District of Columbia, retain- 11 ing and taking away, persons so held to labor or service, nor 12 the power to interfere with or abolish involuntary service in 13 places under the exclusive jurisdiction of the United States 14 within those States and territories where the same is esta- 15 blished or recognized; nor the power to prohibit the removal 16 or transportation, by land or water, of p'ersons held to labor, 17 or involuntary service in any State or territory of the United 18 States to any other State or territory thereof, where it is csta- 19 blished or recognized by law or usage; and the right during 20 transportation, by sea or river, of touching at ports, shores 21 and landings, and landing in case of need shall exist, but 22 not the right of sojourn or sale in any State or territory 4 23 against the laws thereof. Nor shall Congress have power to 24 authorize any higher rate of taxation on persons held to labor 25 or service than on land. 26 The bringing into the District of Columbia persons held to 27 laborer service for sale^ or placing them in depots to be after- 28 wards transferred to other places for sale as merchandise, 29 is prohibited. Section 4. The third paragraph of the second section of 2 the fourth article of the Constitution shall not be construed 3 to prevent any of the States^ by appropriate legislation, and 4 through the action of their judicial and ministerial officers, 5 from enforcing the delivery of fugitives from labor to the per- 6 son to whom such service or labor is due. Section 5. The importation of slaves, coolies or persons 2 held to service or labor, into the United States, and the terri- 3 tories from places beyond the limits thereof is hereby forever 4 prohibited. Section 6. Congress shall provide by law that the United 2 States shall pay to the owner the full value of his fugitive 3 from labor, in all cases where the marshal, or other officer, 4 whose duty it was to arrest such fugitive, was prevented from 5 so doing by intimidation from mobs or riotous assemblages G or by violence, or when, after arrest, such fugitive was res- 5 7 cued by like intimidation or violence, and the owner thereby 8 deprived of the same. Section 7. The elective franchise and the right to hold of- 2 fice, whether federal or territorial, shall not be exercised by 3 persons who aie of the African race. Section 8. No one of these amendments, nor the third 2 paragraph of the second section of the first article of the Con- 3 stitution, nor the third paragraph of the second section of 4 the fourth article thereof, shall be amended or abolished with- 5 out the consent of all the States. -d e.-^*^ c^^ y^^tf^ SUBSTITUTE I^r the Report of the Committee on Federal Relations, presented by Mr. Goggin, March 16, 18(jl. AN ORDINANCE or THE STATE OF VIRGINIA. Whereas, the State of Virginia has made every honorable 2 effort to restore tlie friendly relations which should exist be- 3 tween the General Government and the several States of the 4 Union — upon terms perfectly just to all, but deeming it un- 5 necessary to refer to the causes of complaint which have 6 existed for a series of years, still more aggravated as those 7 causes now arc by the declared purposes of a mere sectional 8 majority — and as all the efforts so made have proved una- 9 vailing — without reciting the differences of opinion which 10 exist in regard to the powers of the State Government or 11 those of the Government of the United States, as derived 12 from the reserved rights of the one, the constitutional autho- 13 rity of the other, or the inherent rights of the people consti- 14 tuting a Government which seeks to protect the persons and 15 property of those who compose and who have ordained and % 2 16 establislied it, against, the abuses of surh Government itself, 17 or which arise from its connexion with the Government of 18 other States, or that of an association of States — the people of 19 Virginia, in Convention assembled, deem it proper now to 20 declare that tlte time has ai'i'ived when it becomes them to 21 assume, as they do, their position as the people of a sovereign 22 independent State. 1 , Be it, therefore, ordained by the people of Virginia, and 2 tJieij do hereby declare, That the said State is no longer one 3 of the Union of States known as the United States of Ame- 4 rica, and that the people of the said State owe no allegiance 5 or duty to any other Government whatsoever. ^ 2. Be it further ordained, as it is hereby declaimed, That the 2 people of the said State do resume all the rights of property 3 or the nse thereof which have been granted, by the said 4 State to the Government of the United States, or which S^iave in anywise accrued to the same by reason of the 6 connection of the said State with the said Government, by 7 the assent of the said State, given with a view to the pro- 8 tection of her own people, and the people of all the other 9 States, composing a Union formed under an agreement that 10 it should establish justice — insure domestic tranquility — pro- 11 vide for the common defence — promote the general welfare 12 and secure the blessings of liberty to themselves and their 3 13 posterity — tliat agreement liaving been violated, and the ob- 14 jects of the Union perverted so as to defeat the purposes of 15 justice — to destroy the very foundations of domestic tran- 16 quihty — to lessen tlic means of common defence — so as to 17 disregard the objects of the general welfare of one entire 18 section of the Union, and thereby to entail, in that section, 19 injury and oppression upon the people thereof, and upon 20 their posterity forever. 3. And "without dctcrniining at tliis time whether the State 2 of Alrginia will unite herself with any other State or asso- 3 ciation of States in any common Govermnent, this Conven- 4 tion doth respectfully and earnestly request that the States 5 of North Carolina, Tennessee, Kentucky, Maryland, Mis- 6 souri, Arkansas and Delaware will, as soon as possible, ap- 7 jioint Commissioners to meet Commissioners, to be apiminted 8 by this Convention, in tlie City of Lexington, in the State 9 of Kentucky, on the last ATednesday in May next, to confer 10. together and to propose a plan of constructing a Government 11 to be formed by tlic said States, Virginia inclusive, and the 12 Confederate States of America. Such plan of Government, 13 however, to have no binding authority till the same shall be 14 adopted and ratified by this Convention. And for the better 15 accomplishment of the objects intended, the said Confederate 16 States of America — are, also, respectfully requested to send 4 17 three Commissioners to the Conference herein proposed — IS who sliall be invited at such time as may be agreeable to 19 them to address the same. That each of the States herein 20 before named, shall be entitled to as many votes as it had 21 Representatives and Senators in the last Congress, in the 22 Conference herein proposed. That the Commissioners to be 23 appointed by this Convention, shall make report to the Go- 24 vernor of this Commonwealth, as speedily as possible, of the 25 result of their deliberations — whereupon he shall make known 26 the same by proclamation. That on the 15th day after the 27 date of such proclamation, (unless the same be Sunday, then 28 on the next day,) this Convention sliall reassemble in the 20 City of Richmond at such pluce as the Governor shall desig- 30 nate in said proclamation, and shall then and there consider 31 the report of the said commissioners and all other matters 32 which at this time are or may then be proper subjects for de- 33 liberation, touching the future relations of the State of Vir- 34 ginia to any other government or State. 4. And it is hereby ordained and declared by the people of 2 Virginia, That they do recognize and acknowledge the in- 3 dependence and nationality of the said Confederate States of 4 America; and that they will extend to the said States any aid 5 which they the said people of Virginia can command, or which 6 may be necessary to enable the said States to maintain their 5 7 independence, or against any coercive measures which may 8 be adopted by the authorities of the United States. 5. Be it further declared, That tlie people of Virginia have 2 ever cherished an ardent attachment for the Union and the 3 Constitution of the United States wliile it was the bond of 4 peace and fraternity; and tliat it can now only be restored 5 upon tlic original basis by an amendment of the Constitution 6 through the primary agency of tlie non-slaveholding States 7 themselves proposing suitable and sure guarantees, and by a 8 full and unconditional, plain and positive recognition of the 9 rights of property in slaves, as held under the laws of any of 10 the States; so as also to obtain satitifactory assurances and 11 guarantees, for the future, as to slavery in the District of Co- 12 lumbia; as to the powers of the Federal Government over 13 African slavery, and the employment of slave labor in the 14 forts, arsenals, dock yards, and all places ceded by the States 15 for Federal uses; as to protection against excessive direct 16 taxes on slaves; as to the rendition of fugitive slaves; as to 17 the transit with slaves through any of the States by land or 18 water, and of the right of transportation on the high seas of 19 slaves from one State to another State or Territoy; as to the 20 protection of slave property in the common territories of the 21 United States; as to the better security of the independence 6 22 of the judiciary, and for protection against unjust taxation in 23 the form of excessive imposts laid upon foreign importations 6. Be it further declared, That the people of Virginia, 2 though they have taken their position, have an anxious de- 3 sire to preserve the peace, and would, therefore, regard any 4 action of the Federal Government tending to produce a col- 5 lision, pending negotiations for the adjustment of existing 6 difficulties, as aggressive and injurious to the interests and 7 offensive to the honor of this State; and they would regard 8 any action on the part of the Confederate States of America, 9 tending to produce a like collision, as hurtful and unfriendly, 10 and as leaving the people of Virginia free to determine their 11 future policy. 7. Be it also further declared, That the President of this 2 Convention shall immediately cause copies of this ordinance 3 to be forwarded to the Governors of each of the United 4 States, as the same existed on the first day of December 5 1860, to the Presideut of the Confederate States of Ame- 6 rica, and to the President of the United States. And it is 7 further ordained, that this Convention Avill proceed at once 8 to the appointment, viva voce, of fifteen commissioners to at- 9 tend on behalf of this State, the Conference herein proposed 10 to be holden; and it is provided, also, that if commissioners 11 shall fail to attend the said Conference, from the other States 7 12 named in the third clause of this ordinance, so that the said 13 Conference shall not be holden, then the said commissioners 14 from this State shall, in like manner, report the fact to the 15 Governor, who shall make proclamation thereof, when also 16 this Convention shall reassemble at the time herein provided 17 for. ^ 8. But this Convention, anxious as it is to take no step to 2 disturb existing relations, only so far as is necessary, but 3 seeking to avoid any collision, doth suspend the operation of 4 the second clause of this ordinance till such time as it may 5 deem proper to enforce the same, and with a view to an ad- 6 justraent of the pending dilliculties, through the agency of 7 the Conference herein provided for, and by a returning sense 8 of justice among the people of all sections. RESOLUTIONS Submitted by Mr. Burley, March IG, 1S61, 1. Resolved, That this Convenlion can see no reason for de- 2 parting from the faith of our fathers, and from the principFes 3 on which the Government of tlie United States was founded, 4 and, therefore, we declare, in the name of our constituents, 5 the people of Virginia, that the Constitution of the United 6 States was, in the language of Mr. Madison, adopted by the 7 people of the several States, who were parties to the compact 8 in their highest sovereign capacity, '^in toto and forever." 2. Resolved, As the fixed and deliberate opinion of this Con- 2 vcntion, that nullification and secession are fallacies and 3 heresies, and in the language of Mr. Madison, "^^both spring 4 from the same poisonous root;" that they had no place in 5 the minds of the framers of the Constitution, and are politi- 6 cal anomalies in government which the sound practical sense 7 of the people will never adopt or submit to, and which, if 2 8 once recognized, will utterly and entirely overthrow all pos- 9 sibility of establishing a fixed and permanent Government 10 on this continent. 3. Resolved, In the language of the illustrious statesman 2 above referred to, whom the people of Virginia have been 3 taught to venerate and revere as the wisest, safest and truest 4 expounder of the Constitution which he so largely contributed 5 to construct; that that instrument makes the Government to 6 operate directly on the people, places at its command the 7 needful physical means of executing its powers, and finally S proclaims its supremacy, and that of the laws made in pur- 9 suance of it over the Constitution and laws of the States, 10 subject to the revolutionaiy rights of the people in extreme 11 cases; that a political system that does not provide for a 12 peaceable and authoritative termination of existing contro- ls versies would not be more than the shadow of a Govern- 14 mcnt, the object and end of a real Government being the 15 substitution of law and order for uncertainty, confusion and 16 violence; that in the event of a failure of every constitutional 17 resort, and an accumulation of usurpations and abuses ren- 18 dering passive obedience and non-resistance a greater evil 19 than resistance and revolution, there can remain but one 20 resort, the last of all — an appeal from the cancelled obliga- 21 tions of the Constitutional Compact to the original rights and 3 22 the law of self-preservation. This is the ultima ratio of all 23 governments, whether consolidated, confederated, or a com- 24 pound of both. It cannot be doubted that a single member 25 of the Union, in the extremity supposed — but in that 26 ONLY— would have a right, as an extra and ultra constitu- 27 tional right, to make the appeal. 4. Resolved, That the forts, fortifications, armies, arsenals, 2 arms, ammunition, ships-of-war, custom-houses, mints, post- 3 offices, and other property of the United States, can, by the 4 Constitution, be disposed of only by Congress, and that no 5 portion of the people have any interest in or claim to any 6 part thereof, after they cease to be citizens of the United 7 States, and when they no longer participate in the payment S of its debts or in the defence of the institutions of the coun- 9 try. 5. Resolved, That while no doubt can exist on the minds of 2 this body of the right and the obhgation of the Government to 3 execute all its laws fairly, impartially and promptly upon all 4 its citizens, without distinction or discrimination, yet, under 5 the extraordinary condition of things, as they now exist, we 6 earnestly and anxiously urge upon tlie Executive Depart- 7 mcnt of the Government the policy of abstaining from the 8 exercise of such power at any point where such attempt 9 would be likely to occasion collision, so long as there are ef- 4 10 forts to be made hy the other States or hopes to be indulged 11 of a final and peaceful settlement of the difficulties with 12 which the country is embarrassed. 6, Resolved, That the right of revolution above recognized, 2 can be exercised as well by a portion of the citizens of a 3 State against their State government, as it can be exercised 4 by the whole people of a State against their Federal Govern- 5 ment; and, when the powers of a State Government are used G for purposes of unjust discriminations against a portion of the 7 citizens, or a particular section of the State, in imposing upon S one portion or section an undue proportion of the burdens of 9 the State Government, and in exempting from taxation a pe- 10 culiar species of property belonging, to a great extent, to an- il other portion of the citizens, and located mostly in another 12 section of the State, thus increasing taxation upon all other 13 interests in order to favor a "^peculiar interest;" the people 14 thus oppressed, after having exhausted all constitutional ef- 15 forts to obtain redress, would be justified in resisting the col- 16 lection of all rcevnue fi'om them mitil the injustice aforesaid 17 was removed. And that any change of the relation Virginia IS now sustains to the Federal Government, against the wishes 19 of even a respectable minority of her people, would be such 20 an act of injustice perpetrated upon the rights of that mi- 21 nority as to justify them in changing their relation to the 5 22 State Government, by separating themselves from that sec- 23 tion of the State that had thus wantonly disregarded their 24 interests and defied their will, particularly when the cause 25 assigned ior the change of Virginia's relation to the said Fe- 26 deral Government, is the alleged insecurity in the said last 27 mentioned Government of the peculiar species of property 28 thus, protected by the organic law of the State from contribu- 29 ting its due share to the supjwrt of the said State Govern- 30 ment, by prohibiting the taxing of a large portion of said pro- 31 perty, and limiting the portion subject to taxation to a spe- 32 cific tax far less than that imposed upon even other species of 33 property. PARTIAL REPORT FROM THE commit™ on FIDIRAI PRESENTED MA^UCH 9, 18G1. The Committee on Federal Relations Jhave, according to or- 2 der, had under consideration the several propositions referred 3 to them, and beg leave to report for consideration and adop- 4 tinn by the Convention, the following preamble and resolu- 5 tions: ^ The representatives of the people of Virginia in Convention 2 assembled, are profoundly sensible of the difficulty, delicacy [3 and importance of the duty which, in obedience to the popu- 4 lar Avill, they have assumed to perform. They feel that the controversy which unfortunately distracts 2 and divides our country has brought about a condition of 3 public affairs for which history has no parallel and the expe- 4 rience of governments no precedent. They recognize the fact that the great questions which press 2 for consideration are of entire novelty und of great intrinsic 3 difficulty, and that their proper sohition will require on the 4 part of our governments, State and Federal, and of our peo- 5 pie the exercise of the utmost prudeiiie, discretion, calmness 6 and forbearance. Above all other things at this time they esteem it of indis- 2 pensable necessity to maintain the peace of the country, and 3 to avoid evervlhing calculated or tending to produce collision 4 and bloodshed. The grievances ior which several of the States have with- 2 drawn from the Union and overthrovrn the Federal Clovern- 3 ment within their limits, are such an have afiected the peo- 4 pie of A'irginia to a greater extent than any of the seceded 5 States, and it is then* determined purpose to require such 6 guaraiUees for the protection of the rights of the people of 7 the slaveholding States, as, in tlie judgment of Virginia, 8 will be sufficient for the accomplishment of that object. Virginia having initiated measures to obtain such guarantees, 2 a proper self respect impels her to demand of all the parties 3 that they shall refrain, during the pendency of her efforts for 4 amicable adjustment, from all action tending to produce a 5 colhsion of forces; therefore, 1 . Be it resolved and declared by the people of the State of 2 Virginia in Convention assembled, That the States which 3 3 composed the United States of America^ wlien tlie Federal 4 Constitution was formed, were independent sovereignties, 5 and in adopting tiiat instrument the people of eacii State 6 agreed to associate with the people of the other States, upon 7 a footing of exact equahty. It is the duty, therefore, of the 8 common (Government to respect tlie rights of the States and 9 the equahty of the people tliereof, and within the just Hmits 10 of the Constitution, to protect with equal care, the great in- 11 terests that sj)ring from the institutions of each. 2. African shivery is a vital part of the social system of the ] 2 States wherein it exists, and as that form of servitude \ 3 existed when the Union was formed, and the jurisdiction of 4 the several States over it within their respective liuiils, was 5 recognized by the Constitution, any interference lo its preju- G dice by the Federal authority, or by the authorities of the 7 other States, or by the people thereof, is in derogation from 8 plain right, contrary to the Constitution, offensive and 9 dangerous. 3. The choice of functionaries of a common Government 2 established for the common good, for the reason tliat they 3 entertain opinions and avow purposes hostile to the institu- 4 tions of some of the States, necessarily excludes the people 5 of one section from participation in the administration of the 6 Government, subjects the weaker to the domination of the 4 7 stronger section, leads to abuse, and is incompatible with the 8 safety of those whose interests are imperilled; the formation, 9 therefore, of geographical or sectional parties in respect to 10 Federal politics is contrary to the principles on which our 11 system rests, and tends to its overthrow. 4. The Territories of the United States constitute a trust to 2 be administered by the General Government, for the common 3 benefit of the people of the United States, and any policy in 4 respect to such Territories calculated to confer greater bene- 5 fits on the people of one ])art of th3 United States, than on 6 the people of another part is contrary to equality and prejudi- 7 cial to the rights of some for whose equal benefit the trust 8 was created, if the equal admission of slave labor and free 9 labor into any Territory, excites unfriendly conflict between 10 the systems, a fair partition of the Territories ouglu to be 11 made between them, and each system ought to be protected 12 M'ithin the limits assigned to it, by the laws necessary for its 13 proper development. 5. The sites of the federal forts, arsenals, (fcc, within the 2 limits of the States of this Union, were acquired by the 3 Federal Government, and jurisdiction over them ceded by 4 the States, a-s trusts, for the common purposes of the Union, 5 during its continuance; and upon the separation of the 6 States, such jurisdiction reverts of right to the States, re- 5 7 spectively, by which the jurisdiction M'-as ceded. Whilst a 8 State remains in the Union, the legitimate use of such forts, 9 (fcc.jis to protect tiie country against foreign force, and to aid 10 in suppressing domestic insurrection. To use, or prepare 11 them to be used to intimidate a State, or constrain its free 12 action, is a perversion o( the purposes for whicli they were 13 obtained; they were not intended to be used against tlie 14 States, in whose limits they are found, in the event of civil 15 war. In a time of profound peace with f )reign nations, 16 and when no symptoms of dropcrty in slaves; that the separate and inde- 9 pendent right of scll'-govcrnment by the border slaveholding 10 States has been seriously inii)aircd, and. in jiart, ]iractically 11 annulled; that their domestic tranquility and social safety 12 have been endangered and ruthlessly disturbed by actual in- 13 vasion; that associated and systematic efforts have been con- 14 stantly and persistently made to enforce ujion their people 15 rules of conscience and of morals by a power without their 10 borders, to control the faujily governments of their homes 17 and their relations as masters to their domestic slaves; that 18 their character as a people has been maligned and misrepre- 19 sented to the world, in order to bring an influence to bear 20 upon their rights and relations and their wills, rendering 21 them odious and no less offensive and injurious to their sense 22 of self respect and to their interests than the f)rce of arms; 23 that the sanctity of the Federal judiciary has been threat- 24 cned and set at naught, in order to destroy the only peaceful 25 guard and guarantee of their rights of property and Federal 26 equality; and that a sectional hate which engendered these 27 evils is continually magnifying them by every form and 2S effort of incendiarism, until they are no longer endurable; 3 29 until the pooplo actuated by it have obtained the reins of 30 Federal authority and control in all the departments of go- 31 vernment; and until several of the sovereignties, parties to 32 the Federal compact, have been compelled to resume the 33 powers granted by them under the Federal Constitution, 34 and to form a separate and independent confederacy, thereby 35 dissolving the Union of the United States of America. These wrongs have been perpetrated in part by the Federal 2 Government, either by acts of omission or commission, in 3 part by the non-slaveholding States, and in part by tlieir •4 people, unrestrained by laws, such as confederates are bound 5 to enact in respect to tlie rights and safety of each other. And the secession, consequent upon these \vrongs, is now 2 met by every indication of an intention and an attempt to 3 coerce the submission of seceding States, bv the authorities 4 of the Federal Government, who arc but the mere agents of 5 the so\''ereign parties to the Federal compact, without even an 6 appeal to them for the sanction of any ultimate resort to force. Thus, under the pretext of enforcing laws of the Federal 2 Government, the jurisdiction of which is now denied and 3 abjured by the seceding States, the nation is imminently 4 threatened by an unnatnral and unnecessary civil war — 5 equally unnecessary, whether the Union is to be finally 6 dissolved or restored. 4 These indications are made but too plainly manifest by the 2 failure of the Conference, inaugurated by the Legislature of 3 this Commonwealth herself, to agree on any terms of adjust- 4 mentj by the disclaimer of all power on the part of the 5 Federal authorities to negotiate for peace with the commis- 6 sioners of the seceded States; by the inaugural address of 7 the incumbent President of the United States, declaring the 8 policy, powers and purposes of his administration of the 9 Federal Government, and supposed to represent the senti- 10 nieiits of large majorities of the States constituting the major 11 section of the United States; by his failure to suggest any 12 mode, whilst disclaiming all powers of adjustment; by the 13 failure of Congress to recognize the results of the Peace Con- 14 ference, or to recommend any other plan of peace; and by 15 the concentration of Federal troops at various points, and IG the rt'inlbrcing and holding of certain forts and arsenals, 17 with the obvious intent and purpose of overcoming any 18 resistance to the execution of Federal laws by the seceded 19 States, and to overawe the further secession and free action 20 of the slaveholding States. Under these circumstances of peril to ever}'- thing precious to 2 a State, this Commonwealth feels compelled to appeal to her 3 confederates still remaining in the Union, and to ask for their 4 determinate conclusions on the following points of difference 5 5 and dissension, as to which she is bound to demand, and 6 seeks to obtain satisfactory guarantees and assurances for the 7 future: 1. As to a full recognition of the rights of property in Afri- 2 can slaves. 2. As to slavery in the District of Cohimbia. 3 As to the powers of the Federal Government over African 2 slavery, and the employment of slave labor in the forts, arse- 3 nalsjdock yards, and all places ceded by the States forFede- 4 ral uses. 4. As to protection against the pretension to lay and collect 2 excessive direct taxes on slaves. 5. As to the rendition of fugitive slaves. 6. As to protection of the right and comity of transit with 2 slaves through the limits of the States, by land or water; and 3 of the right of transportation of slaves on the high seas. 7. The protection of the right of citizens of the United States, 2 owning slaves to sojourn temporarily with their slaves in 3 waiting, in the Uniits of non-slaveholding States. S. The protection of equality of settlement by owners of 2 slaves, with their slave property, in the common territories of 3 the United States. 9. As to the rights of negroes or free persons of the African 6 2 race to all the privileges and immunities of citizens of the 3 several States. 10. As to the equality of the African race with the white 2 race in the States Avhere it may reside, and the protection of 3 that equality by State laws, and by the laws of the United 4 States. 11. As to the better security of the independence of the 2 Judicial Department of the Government of the United States, 3 by changing the mode of appointing the Federal Judges. 12. As to the protection of the slaveholding States against 2 the abduction of their slaves, by repealing such State or 3 Federal laws as may countenance the wrong, or by passing 4 such laws by the States and by the Federal Government as 5 may be necessary and proper to suppress it. 13. As to the jorotection of the domestic tranquihty of the 2 people of the United States by suppressing the incendiary 3 assemblages, associations and publications which have en- 4 gendered the sectional wrongs and hatred which have rent 5 the Union asunder and now threaten a civil war. 14. The protection of the public peace by suppressing socie- 2 ties and individual efforts for the collection of money and 3 other means to invade the States or territories of the United 4 States. 15. And by suppressing all organizations seeking and in- 7 ( 2 troducing foreign aid and influence, to incite domestic vio- 3 lence in any of the States or Territories of the United States. Upon these points, and any others which may arise requiring 2 them, this Commonwealth needs and ought to demand ad- 3 ditional assurances and guarantees to those now existing; 4 and those assurances and guarantees can, on the main points 5 of dissension and severance, only be made sure by obtain- 6 ing, not merely constitutional amendments, or the pledges of 7 States by resolves or otherwise, but by grants of power to 8 check abuses or wrongs by a majority of the States. And with the view of adjusting these points and obtaining 2 these guarantees, guarded by the necessary and proper 3 checks and balances of power, it is recommended diat tliis 4 Convention shall appeal to the States still remaining in the 5 Union to give, at as early a day as practicable, theiranswers 6 to those demands of this CommonweaUh, say within the 7 period of the present year and by the 1st day of October 8 next, if possible. In the meantime it is recommended that every step be taken 2 to preserve the peace of the country: That to that end Jicither the Federal Government nor the 2 seceded States shall commence hostilities; that the States 3 now in the Union should confer with this State upon a 4 mode of sanctioning the claim of the right of peaceable 8 5 secession, and of determining all questions arising there- 6 upon, such as tlie iree navigation of the Mississippi river, 7 the maintenance of forts and arsenals, and the settlement of 8 commercial and postal regulations, &c. &c. And the Fede- 9 ral authorities should avoid all acts whatever tending to 10 cause or to irritate the causes of civil war, by abstaining 11 from the execution of all laws which may require the force 12 of arms against the seceded States; by withdrawing all oc- 13 cupation of their forts, arsenals, dock yards, and other places 14 ceded; and by reducing the military forces at the forts, arse- 15 nals, magazines, dock yards, &c., within the limits and 16 around and about the borders of the slaveholding States still 17 remaining in the Union, to mere garrisons for the purpose 18 of guarding and preserving the public property, pending the 19 efforts of this Commonwealth to adjust pending issues, to 20 obtain guarantees, to preserve peace, and to restore the amity 21 and Union, if possible, of all the States. And it is further recommended to adopt an ordinance that 2 this Commonwealth shall be immediately placed in a full 3 and complete state of military organization for defence; and 4 it shall be immediately submitted to the people to determine 5 whether, if the just demands of this Commonwealth are not 6 satisfactorily responded to, or are not responded to at all by 9 7 her Confederates, or civil war commencing on the part of the 8 Federal Government, within the period named pending her 9 efforts of adjustment, they will or will not resume the powers 10 granted by thcni under the Constitution of the United 11 States, and that this Convention shall place itself immedi- 12 ately in communication with the border slaveholding States 13 for conference and cooperation. To these ends, therefore, be it resolved — 1. That the foregoing points for adjustment or for declaration 2 of purpose on the part of the States now in the Union, be 3 immediately addressed to them. 2. That additional guarantees or assurances shall be de- 2 manded on the more important of these points, in the forms 3 of checks and balances of power, to be defined by amend- 4 ments to the Constitution of the United States. 3. That responses to these demands from the respective 2 States shall be requested within a fixed and limited period, 3 to wit: on or before the 1st day of October next, if possible. 4. That, in the meantime, it be recommended to the people of 2 this Commonwealth, in the event the Federal authorities 3 shall under any pretext whatever, attempt to enforce their 4 claim of jurisdiction over the people of the seceded States, 5 as by collecting the duties for revenue or diverting the transit 6 or entrance of commerce, or in any other mode, by force of 10 7 arms, to resist such exertion of force by all the means in 8 their power. 5. That the Federal authorities he requested to withdraw all 2 occupation of the places ceded in the seceded States^ and to 3 reduce the forces at Fortress Monroe and Harper's Ferry, at 4 Fort Washington and Fort McHenry, in Maryland, to garri- 5 sons on guard duty; and that the guns which have been 6 lately mounted landwards, be removed and all other prepara- 7 tions for war in the limits of diis Commonwealth, or on her 8 border be at once stopped; protesting that these forces and 9 warlike preparations are irritating causes of civil war and 10 dangerous to the people. 6. That the Legislature of this Commonwealth be recom- 2 mended and urged to make ample appropriations to place her 3 people in a complete state of military defence. 7. That this Convention will place itself in immediate com- 2 munication with the Border and other slaveholding States 3 still remaining in the Union, for conference and cooperation, 4 whilst awaiting the responses of the other States to these 5 requests and demands. 8. That an ordinance be adopted at once submitting to 2 the people of this Commonwealth to determine whether, if 3 their just demands are not satisfactorily responded to by the 4 non- slaveholding States, or are not responded to at all by 11 5 them, or if civil war shall commence on the part of the Fe 6 deral authorities, within the period named pending the efforts 7 of this Commonwealth for adjustment, they will or will not 8 resume the powers granted by them under the Constitution 9 of the United States; and will or will not unite their destiny 10 with that of the seceded slaveholding States of the South, 11 embracing in any new Union to be formed such non-slave- 12 holding States as will manifest a disposition and determination 13 to respect and maintain the equal rights of all the States and 14 their people. All which is respectfully submitted, with the request to be 2 permitted to assign hereafter the objections to the report, 3 entertained by tbe minority of the Committee, several of 4 whom arc now absent. HENRY A. WISE. SUBSTITUTE For the Report of the Committee on Federal Relations y presented by Mr. Barbour, March 9, 1861. 1. Resolved, That this Convention has witnessed, with deep 2 concern, the failure on tlie part of the authorities of the Fe- 3 deral Government and a majority of the non-slavcholding 4 State Govenmicnts to cooperate efficiently with the authori- 5 tics of this Commonwealth, in an earnest effort to restore the 6 Federal Union on terms consistent with the security of the 7 people of the slaveholding States. 2. Resolved, That the recommendations of this Common- 2 wealth having been met by no sufficient response on the 3 part of the authorities of the non-slaveholding States and 4 the Federal Government, considerations of public duty, in- 5 duce us to refrain from further recommendations. If the authorities of the Federal Government and of the non-slave- 7 holding State Governments desire and expect to restore the 8 Federal Union, they must, without further delay, adopt such 9 measures as will afford to the people of the slaveholding 10 States full constitutional assurance of their safety in continu- 10 11 ing any further association with them under a common Go- 12 vcrnment, 3. Resolved, That this Convention will, on the day after the 2 adoption of these resolutions, appoint three Commissioners, 3 to proceed to Montgomery and confer with the authorities 4 of the Confederated States in reference to the present grave 5 emergency in our public affairs. JAMES BARBOUR. SUBSTITUTE For the Report of the Committee on Federal Relatio?is, presented by Mr. Harvie, March 9, 1861. The undersigned, a minority of the Committee on Federal 2 Relations, report: That having had under consideration the resolutions re- 2 ferred to the said Committee, and dissenting from the report 3 of the majority, recommend to tlie Convention the adoption 4 of the following resolution: Resolved, That the Committee on Federal Relations be in- 2 structed to report an ordinance resuming the powers de- 3 legated by Virginia to the Federal Government, and to make 4 provision for submitting the same to the qualified voters of 6 the Commonwealth for their adoption or rejection. Respectfully submitted. LEWIS E. HARYIE, ROBERT L. MONTAGUE, SAMUEL C. WILLIAMS. SUBSTITUTE JPhr the report of the Committee on Federal Relations., presented in Co??imittee of the Whole, by Mr. Carlile, March 21, 1861 « Whereas, the Peace Conference which was called by the 2 Legislature of this State, and in which twenty-one States 3 (fourteen of them non-slaveholding) of this Union were re- 4 presented after much anxious deliberation and careful invcs- 6 ligation, has recommended for the adjustment of our present 6 national difficulties , the adoption by the people of the several 7 States in the manner provided for amendments to the Con- 8 stitution of the United States by the fifth article thereof, the 9 following propositions: ARTICLE XIII. Section 1. In all the present territory of the Lhiited States, 2 north of the parallel of thirty-six degrees and thirty minutes 3 of north latitude, involuntary servitude, except in punish- 4 ment of crime, is prohibited. In all the present territory 5 south of that line, the status of persons held to service or 6 labor, as it now exists, shall not be changed; nor shall any 7 law be passed by Congress or the territorial legislature, to 2 8 hinder or prevent the taking of such persons from any of the 9 States of this Union to said territory, nor to impair the rights 10 arising from said relation; but the same shall be subject to 11 judicial cognizance in the federal courts^ according to the 12 course of the common law. When any tenitory north or 13 south of said line, within such boundary as Congress may 14 prescribe, shall contain a population equal to that required 15 for a member of Congress, it shall, if its form of govern- IG ment be republican, be admitted into the Union on an equal 17 footing with the original States, with or without involuntary 18 servitude, as such constitution of the State may provide. Section 2. No territory shall be acquired by the United 2 States, except by discovery and for naval and commercial 3 stations, depots, and transit routes, without the concurrence 4 of a majority of all the Senators from States which allow 5 involuntary servitude, and a majority of all the Senators 6 from States which prohibit that relation; nor shall temtory 7 be acquired by treaty unless the votes of a majority of all the 8 Senators from each' class of States herein before ^mentioned, 9 be cast as a part of the two-third majority necessary to the 10 ratification of such treaty. Section 3. Neither the Constitution nor any amendment 2 thereof, shall be construed to give Congress power to re- 3 gulate, abolish, or control, within any State of the United 3 4 States, the relation established or recognized by the laws 6 thereof, touching persons held to labor or involuntary service 6 therein, nor to interfere with or abolish involuntary service 7 in the District of Columbia, without the consent of Mary- 8 land, and without the consent of the owners, or making the 9 owners who do not consent just compensation; nor the 10 power to interfere with or prohibit representatives and others 11 from bringing with them to the District of Columbia, rctain- 12 ing and taking away, persons so held to labor or service, nor 13 the power to interfere with or abolish involuntary service in 14 places under the exclusive jurisdiction of the United States, 15 within those States and territories where the same is estab- 16 lished or recognized; nor the power to prohibit the removal 17 or transportation of persons held to labor or involuntary IS service in any State or territory of the United States to any 19 other State or territory thereof where it is established or 20 recognized by law or usage; and the right during transporta- 21 tion, by sea or river, of touching at ports, shores and land- 22 ings, and of landing in case of distress, shall exist, but not 23 the right of transit in or through any State or territory, or of 24 sale or traffic against the laws thereof. Nor shall Congress 25 have power to authorize any higher rate of taxation on per- 26 sons held to labor or service than on land. The bringing into the District of Columbia persons held to 4 2 labor or service for sale, or placing them in depots to be after- 3 wards transferred to other places for sale as merchandise, is 4 prohibited. Section 4. The third paragraph of the second section of 2 the fourth article of the Constitution shall not be construed 3 to prevent any of the States, by appropriate legislation, and 4 through the action of their judicial and ministerial officers, 5 from enforcing the delivery of fugitives from labor to the per-. 6 son to whom such service or labor is due. Section 5. The foreign slave trade is hereby forever prohi-. 2 bited; and it shall be the duty of Congress to pass laws to 3 prevent tiie importation of slaves, coolies, or persons held to 4 service or labor, into the United States and the Territories 5 from places beyond the limits thereof. Section 6. The first, third and fifth sections, together with 2 this section of these amendments, and third paragraph of the 3 second section of the first article of the Constitution, and the 4 third paragraph of the second section of the fourth article 5 thereof, shall not be amended or abolished without the con- 6 sent of all the States. Section 7. Congress shall provide by law that the United 2 States shall pay to the owner the full value of his fugitive 3 from labor, in all cases where the marshal, or other officer, 4 whose duty it was to arrest such fugitive, was prevented from 5 5 so doing by violence or intimidation from mobs or riotous as- 6 semblagcs, or when, after arrest, such I'ugitive was rescued 7 by hke violence or intimidation, and the owner thereby de- 8 privcd of the same; and Congress shall provide by law for 9 securing to the citizens of each State the privileges and im- 10 munities of the several States. Therefore, be it resolved by the representatives of the people 2 of Virginia, in Convention assembled: 1. Tliat it be and is hereby recommended to the people of 2 the several States composing the United States, to hold in 3 their respective States, conventions to consider the said mea- 4 sures of adjustment, and express their approval of the same, 5 and request their senators and representatives, in Congress G assembled, either in extra or regular session, at its first meet- 7 ing, to adopt the same by the constitutional majority of two- 8 thirds of each house, so that the same may be laid before the 9 several States of this Union, in the mode pointed out by the 10 said fifth article of the Constitution aforesaid, for ratification 11 or rejection. 2. That tliis Convention, for, and in the name of the good 2 people of this Commonwealth, do declare their approval of 3 the said propositions, and will, if adopted as an amendment 4 to the Constitution of the United States, accept the same as 5 an adjustment of all our national difliculties, and that we do 6 6 hereby request our senators and representatives in Congress, 7 at its next session, whether convened in extra or regular ses- 8 sion, to use their best efforts to have the same adopted in 9 their respective houses by the constitutional vote required, 10 to the end that the same may be laid before the people of the 11 several States of the Union, to be by them ratified or rejected, 12 in the manner provided in the Constitution, through the ac- 13 tion of State conventions or the legislatures of the several 14 States. 3. That it shall be the duty of the officers conducting the 2 election for members of the next General Assembly of this 3 State to sec that a poll is opened at the several places of voting 4 in this Commonwealth to take the sense of the voters of this 5 State upon the said measures of adjustment recommended 6 by tlie Peace Conference, and the better to secure a correct 7 poll book, the Governor of this Commonwealth is requested S to have prepared and transmitted to every county in this 9 Commonwealth, a sufficient number of poll books to supply 10 each county with as many books as there are places of voting 11 in the same, said books to be headed Poll Book for taking 12 the sense of the voters upon the adoption of the measures of 13 adjustment recommended by the Peace Conference, and to 14 have two columns, the one headed '^For the adjustment," 15 the other headed "Against the adjustment j" and it shall be 7 16 the duty of the said conducting oflicers; each and all of them 17 to see that the names of all persons qualified to vote for mem- 18 bers of the General Assembly, and who present themselves 19 to vote at the respective places of voting, are allowed to vote 20 for or against the said measures of adjustment, and that the 21 names of all those who vote for adjustment are recorded in 22 the column headed "For the adjustment," and all those who 23 vote "against adjustment," are recorded in the column 24 headed "Against the adjustment," said poll books to be re- 25 turned, and their correctness certified to underneath by the 26 ofiicers conducting the election, within two days after the 27 said election, to the clerk of the respective county or corpo- 28 ration court, as the case may be, in which the said conduct* 29 ing officers reside, and it shall be the duty of the respective 30 county and corporation clerks of this Commonwealth to cer- 31 tify to the Governor of this Commonwealth, attested by their 32 seal of office, the result of the vote upon the question afore- 33 said, in their respective counties and corporations aforesaid, 34 within two days after the said poll books shall be returned 35 by the conducting officers aforesaid j and the Governor of 36 this Commonwealth upon receipt thereof, is hereby requested 37 to ascertain the result of the said vote in the State, and to 38 make the same known by proclamation, and if a majority of 39 the votes cast shall be in favor of the said Peace Conference 8 40 adjustment, he is hereby requested to communicate to the 41 Governor of each of the States of this Union the foregoing 42 resohitions, with the result of the vote aforesaid, with a re- 43 quest to each to take such steps as the Constitution and 44 laws of his State may require to be taken, in order that a 45 convention of delegates may be elected by the voters in each 46 State and convened, to whom shall be referred the foregoing 47 resolutions. SUBSTITUTE For the Rejjort of the Committee on Federal Relations, presented by Mr. Baldwin, March 11, 1861. The representatives of the people of Virginia, in Convention 2 assembled, are profoundly sensible of the difficulty, delicacy 3 and importance of the duty which, in obedience to the popu- 4 lar will, they have assumed to perform. They feel that the controversy which unfortunately distracts 2 and divides our country has brought about a condition of 3 public affairs for which history has no parallel^ud the ex- 4 periencc of Government no precedent. They recognize the fact that the great questions which press 2 for consideration are of entire novelfy and of great intrinsic 3 difficulty — and that their proper solution will require on the 4 part of our Governments, State and Federal, and of our 5 people, the exercise of the utmost prudence, discretion,' 6 calmness and forbearance. They concur most earnestly in the ojiinion declared by the 2 General Assembly of Virginia, that a permanent dissolution 4 It 2 3 of the Union is inevitable^ unless our unhappy controversies 4 can be adjusted in the spirit in which the Constitution was 5 originally formed; and they feel that to perfect any such 6 adjustment it is of indispensable necessity that during its 7 progress the peace of the country shall be maintained, and 8 that all parties shall in good faith avoid giving just occasion 9 for irritation, collision and bloodshed. Therefore, be it resolved by the people of Virginia, in Con- 2 vention assembled: 1. The Conference of States, which, upon the invitation of 2 Virginia, was recently held in the City of Washington, 3 having recommended certain amendments to the Constitu- 4 tion of the United. States, as, in the opinion of the Con- 5 ference, containing a fair and satisfactory adjustment of ex- 6 isting difficulties, so far as they can be reached by changes 7 in the organic law — this Convention is of opinion that the 8 said amendments if concurred in by the States hereinafter 9 invited to conference, and engrafted upon the Constitution 10 of the United States, will be satisfactory to the people of 11 Virginia. 2. The peculiar relations of the States of Delaware, Mary- 2 land, Virginia, North Carolina, Tennessee, Kentucky, Mis- 3 souri and Arkansas to each other and to the other States, 4 make it proper, in the judgment of this Convention, that 3 5 the former States should consult together for the mainte- 6 nance of their rights in the Union, or, failing in that, to 7 concert such measures for their final action as the honor, the 8 interests and the safety of their people may dcmand^ — and for 9 that purpose the proper authorities of those States arc re- 10 quested to appoint Commissioners to meet Commissioners 11 appointed by this Convention, on behalf of the people of 12 this State, at Frankfort, in the State of Kentucky, on the 13 last Monday in May next. 3. The people of Virginia will not anticipate any disposition 2 on the part of the General Government to engage in the 3 hopeless effort to subject the Governments and people of 4 several States, against their will, to Federal authority. Any 5 such attempt would inevitably result in civil war — soon to 6 become a sectional war against the institutions and people of 7 fifteen States of this Union. The people of Virginia cannot 8 be inattentive or indifferent to any indications of such a 9 policy — but they trust that the Government will take the 10 wiser course, and will, in accordance with the spirit of our 11 institutions, withdraw all irritating displays of force, and 12 seek to disarm freemen by removing the causes of their just 13 complaints. 4. The grievances for which several of the States have un- 2 dertaken to withdraw from the Union are ';uch as have af- 4 3 fected Virginia to a greater extent than any one of them. 4 For these grievances she requires and expects to obtain full 5 redress, and she will be slow to believe that those Slates will 6 find it consistent with their inclinations, or their interests, 7 to abandon permanently a Union in which they are offered 8 terms of adjustment which, in respect to common interests 9 and common grievances, satisfy the judgment and the honor 10 of Virginia. In any event, as Virginia is endeavoring to secure to them, 2 the opportunity to determine their destiny in peace, she can 3 look with no favor or sympathy upon any conduct on their 4 part tending to precipitate upon her people the horrors of 5 civil war. 5. It is the belief of this Convention that the sectional con- 2 troversies which divide the people of the United States, if 3 not originated, have been greatly aggravated by the manage- 4 ment of politicians, for the advancement of personal and 5 party schemes. They feel confident that if the people, 6 North and South can come to understand each other, they 7 will find means to compel a fair and amicable settlement of 8 all the matters in dispute. It is, therefore, recommended 9 that the Conference at Franktort shall take into considera- 10 tion the propriety of a direct appeal to the people of the 11 North in favor of justice, union, and peace. 6 6. The Federal authorities under the Constitutiou as it \i>, 2 having disclaimed the power to recognize the withdrawal of 3 any State from the Union or to deal with the grave ques- 4 tions arising upon such withdrawal, the people of Virginia, 5 without expressing any opinion upon the question of power but in deference to the opinion of the Federal authorities, 7 hereby declare their willingness to unite in conferring upon 8 the Government of the United States, the power, if it shall 9 become necessary, to recognize the separate independence of 10 the seceding States, and to make such treaties with them, 11 and to pass such laws as tlie separation may render proper. T. In order to await the action of the Frankfort Conference, 2 this Conyention will itdjourn to meet again on the day 3 of , 1861. SXTBSTITUTE For the Report of the Committee on Fedei'al Relations , j)resentcd by Mr. Wickham, March 11, 1861. The representatives of the people of Virginia in Convention 2 assembled, are profoundly sensible of the difficulty, delicacy 3 and importance of the dtity which, in obeaience to the popu- 4 lar will, they have assumed to perform. They feel that the controversy which unfortunately distracts 2 and divides our country has brought abotit a condition of 3 public affairs for which history has no parallel and the expe- 4 rience of governments no precedent. They recognize the fact that the great questions which press 2 for consideration are of entire novelty and of great intrinsic 3 ditiiculty, and that their proper solution will require on the 4 part of our governments, State and Federal, and of our peo- 5 pie the exercise of the utmost prudence, discretion, calmness 6 and forbearance. Above all other things at this time they esteem it of indis- 2 pensable necessity to maintain the peace of the country, and 2 3 to avoid everything calculated or tending to produce collision 4 and bloodshed. The grievances for which several of the States have with- 2 drawn from the Union and overthrown the Federal Govern- 3 ment within their limits, are such as have affected the peo- 4 pie of Virginia to a greater extent than any of the seceded 5 States, and it is their determined purpose to require such 6 guarantees for the protection of the rights of the people of 7 the slaveholding States, as, in the judgment of Virginia, 8 will be sufRcient for the accomplishment of that object. Deeply deploring the present distracted condition of the 2 country, and lamenting the wrongs that have impelled some 3 of the States to cast off obedience to the Federal Govern- 4 ment, but sensible of the blessings of tiie Union, and im- 5 pressed with its importance to the peace, prosperity and 6 progress of the people, she indulges the hope, that, an adjust- 7 ment may be reached by which the Union may be preserved 8 in its integrity, and peace, prosperity and fraternal feelings 9 be restored throughout the land. Virginia having initiated measures to obtain such guarantees^, 2 a proper self-respect impels her to demand of all the parties 3 that they shall refrain, during the pendency of her efforts fot 3 4 amicable adjustment, from all action tending to produce a 6 collision of forces; therefore, 1. Resolvedy That the people of Virginia are under existing 2 circumstances unalterably opposed to the exercise of any spe- 3 cies of force on the part of the Federal Government towards 4 the States that have withdrawn themselves from the Union, 5 and believing that any armed collision between the Federal C authorities and those of the S' ceded States would render ut- 7 terly futile the efforts in which Virginia is engaged to recon- 8 cile the differences now existing between the States, and would 9 cause the irrevocable dissolution of the Union, they earnestly 10 insist that the Federal Government shall adopt a pacific policy 11 towards those States; shall make no attempt to subject them 12 to Federal authority, or to reinforce the forts now in posses- 13 sion of the military forces of the United States, or to recap- 14 lure the forts, arsenals or other jiroperty of the United States, 15 within ilieir limits, nor to riSDrt to any measures calculated, IG in the i^iesei.t excitiil state of fttling, to provoke hostile rcl- 17 lision; and on the other hand, they invoke (he seceded States 18 to abstain fiom any act tending to produce such collision bc- 19 tween them and the Ft(N ral authorities. 2. Resolved^ Thai the jecidiar rtlations of tl;e States of Dela- 2 vare, Maryl.ind, Virginia, Noith Carolina, Tenncsiee, Ken- 5 3 tucky, Missouri and Arkansas to the other States, make it 4 proper, in the judgment of this Convention, that the former 5 States shouhl consult together and concert such measures for 6 their final action as the honor, the interests and the safety of 7 the people thereof may demand, and for that purpose the pro- 8 per authorities of those States are requested to appoint com- 9 missioners to meet commissioners to be appointed by this Con- 10 vention on behalf of the people of this State, at Frankfort, in 11 the State of Kentucky, on the last Monday in May next. 3. Resolved, That whilst we desire to confer with the States 2 mentioned in the preceding resolution upon this as upon all 3 other matters connected with our national troubles, yet we 4 deem it proper to declare, that W'e regard the propositions 5 agreed upon by the Convention recently in session in the City 6 of Washington, known as the "Peace Congress," as afFord- 7 ing, if adopted as amendments to the Constitution, a fair, 8 proper and honorable basis of adjustment of all our national 9 difficulties. 4. Resolved, That the people of Virginia, confiding in the 2 justice of the people of her sister States, appeals to them for 3 a satisfactory adjustment of the existing difficulties in our 4 Federal relations. Virginia, therefore, invites the people of the 5 several States, either by popular vote or in Conventions, simi- 5 6 lar to her own, to respond, at their earliest convenience to the 7 positions assumed in the foregoing resolutions. She cannot 8 regard a failure to obtain such adjustment in any other light 9 than as a final overthrow of the Union of those States. Thursday, April 4, 1861. The Convention assembled at 10 o'clock, A. M. Prayer by the Rev. Dr Jeteu, of the Baptist Church. In pursuance oi the order of tlie day, the Convention, at half past ten o'clock, resolv^ed itself into a Committee of the Whole, Mr. SouTHALL in the chair. After some time passed in Com- mittee of the Whole, the Presidknt resumed the chair, and Mr. SouTiiALT- reported that the Comn)ittee had made some progress with the matter referred to tliem, but had come to no final con- clusion thereupon. On motion of Mr. Hull, the following resolution was adopted : Resolved, That when the Convention adjotirns on Saturday next, it will adjourn to meet on Monday, and thereafter in the Hall of the House of Delegates. The resolutions submitted by Mr. Willey, on the 16th ult., being- the unfinished business, were taken up. Mr. Turner, of Jackson, moved to amend the resolutions by striking out the whole and inserting the following: " 1. Jiesoli-ed, That it is expedient and proper that the 23d section of the 4th article of the Constitution oi' this State shall be so modified, that slaves, like other propel ty, shall be taxed without exemption, and according to value, and that no exemption of any property from taxation shall be had without the vote of a majority of all the members elected to each House of the General As- sembly. "2. Resclrrd, That a Committee, to consist of thirteen members, to be se- lected from the different sections of the State, be appointed, who shall report to this Convention such amendments to the Constitution of the State as will effect the object indicated in the foregoing resolutions." Mr. Seawell moved to amend the amendment by striking out all after the word "resolved," in the first line, and inserting the following: That a Committee of Thirteen be appointed to inquire into and report to this Convention, whether any, and if any, what alterations of sections twenty- two and twenty-three of article four of the Constitution of the Commonwealth are proper to be made at this time. Pending the consideratiT»n of which, On motion of Mr. Tredway, the Convention adjourned. To the Report of the Committee on Federal Relations, submitted by Mr. Scott, of Fauqmer, in Committee of the Whole, April 10, 1S61. [To come in at the end of tlie 14th resohitioti.] And in the event that tavorable)responses on the part of the 2 non-slaveholding States be not made to the i)roposed amend- 3 nients to the Constitution, ^y the time appointed for the re- 4 assembhng of this body",)it is the opinion of this Convention 5 that the said States of Delaware, Maryland, North Carolina, G Tennessee, Kentucky, Missouri and Arkansas ought to as- 7 semble in primary conventions, and in conjuction with this S State convene^iit on the day of Ja Congress of the said States 10 composed of delegates to be appointed by the respective con- '' \ 1 1 ventions thereof for the purpose of reconmiending an amended 12 constitution, of govemmentjupon wiiioh the Union of the /\ - 13 States and the Confederated (Stales with such of the non- 14 slaveholding States as may concur therein can ho safely ef- 1.") fected; to whicji Congress the (\infederated States and the l()(Cf>ncurring )non slaveholding Slates ought to bo invited to 17 send < 'onuuissioners. Proposed to he ftubmitted hi/ "Six. Bruce, t%f the amendment submitted by Mr. Scott, of F(ni'/uier, in Committee of the Whole, April U),\^nr NANCE In relation to the Huttonsvillc knd Marthi's Bottom Turnpike 'id. H^ic [June 18th laid upon llic tabltjtind ordered to be printed.] , pe it ordained by the Convcntia^k That the sum of eight 2 1 undred dollars is hereby appro[^^led flir the purpose of 3 r^ Iking repairs for niihtary purposelrbn the IliittonsviJle and 4 Mdi-tin's Bottom Turnpike Road, to bwiaid out of any money 5 no\v or hereafter to be appropriated \*x the defence of the 6 State. The amount hereby appropriatSiis directed to be ex- 7 pended in preparing said road for the transportation of troops % 8 and provisions, and the Governor is hera^ directed to cause 9 said repairs to b3 made with all possible dispatch, and the 10 money aj>propriated shall be {aid upon the order or orders of 11 the Governor. This ordin Jiice shall be in force from its passage, subject to ^ 2 amendment, or .modification by the Convention or General | 3 Assembly. V i "m 6 I if 4fr mpi^ AN ORDINANCE To authorize a connection hctveen the Richmond, Fredericksburg and Potomac, and Richmond and Petersburg Rail Roads, in Richmond; and between the Richmond and Petersburg and Petersburg and Weldon Rail Roads, in Petersburg^. [June r.Uh laid upon the table, ordered to be printed, and made the order of the day for 20th instant, at half past 10 o'clock, A. M..] Be it ordained, That tlie Governor be, and he is hereby, 2 authorized and instructed to cause to be constructed, as 3 speedily as possible, at the expense of the CommonweaUh, T out of any money in the treasury not otherwise appropriated, 5 connections between the Richmond, Fredericksburg and Po- 6 tomac, and Richmond and Petersburg Rail Roads, through 7 Richmond, and between the Richmond and Petersburg, and 8 Petersburg and Weldon Rail Roads, through Petersburg, on 9 the terms proposed by the said rail ronYi' companies; that is 10 to say : 1. The State is to be at all the expense of constructing said 2 2 connections, and to have tliem constructed under the con- 3 trol and management of engineers to be appointed by said 4 companies, and in the mode and manner to be prescribed by 5 ihem. 2. That when completed, for so long a period, not less than 2 five years, as tlie State shall secure to those companies the 3 complete use of ihose^onnections for all their purposes of 4 passenger and freight transportation, those companies will 5 pay as rent for that use to the State six per cent, per annum () on the cost of constructing the said connections, will keep 7 the same in good ropair, and will not charge the State or the 8 (Confederate States with any tolls or fares for transporting 9 troops or munitions of war and supplies for the army over 10 the same. | ■m 3. That whenever the State shall convey to those companies 2 the ownership of those connections, with the right to tha 3 complete use of them, as aforesaid, the said companies bind 4 themselves to purchase them of the State at their prime 5 cost. Be it further ordained, That the Governor is hereby author- 2 ized and empowered to enter into the proper contract on be- V 3 half of the Commc^wealth with the said rail road companies 4 to carry out said proposed temis. |A N ORDINANCE To regulate the qualification of officers of the Commonwealth and to prescribe the oaths to he taken by them, and for securing the faithful discharge of their public duties. [June 18lh laiH upon the table, and ordered to be printed.] 1. Be it ordained, That all oflicers of the State of Virginia, 2 civil and military, legislative, executive and judicial, whether 3 appointed or olected, sliall in addition to the oaths now pre- 4 scribed by law, and not prohibited by ordinance of this Con- 5 veiitioii passed May the 1st, 1S61, entided ''An ordinance C to release the officers, civil and military, and the citizens 7 generally, of the State of- .Virginia, from all obligation to 8 support the Constitution of the late Confederacy, known as 9 the United States of Artierica," take the following oaths : I swear (or affirm) that I will support and defend the Ordi- 2 nance of the State of Virginia passed April 17, 1861, entitled 3 " An ordinance to repeal the ratification of the Constitution 4 of the United States of America, by the State of Virginia, 5 and to resume all the rights and powers granted under said 24 2 C Conslifiition ;" nn'J all ordinances antl laws passed in fiir- 7 therance thereof, to tlie bast of my ability as a citizen of 8 Virginia, and to the extent of my power as an oflicer. So 9 help me God ! I swear (or aliirni) tliat I will he faithful and trne, and 2 ol)ediont to the h^c^ally consliluted authorities of the Con- 3 federate States of America, in all n)ailers lawfully belonsing 4 to them under the Constitntion f r the Provisional Govern- T) ment thereof, and tliat I will snpi>r)rt the said Constitution to the best of my abdity as a citizen, and to tiie extent of 7 my power as an oHl^er. So help me d'od ! 2. The said oaths shall be talcen aed recorded as now pro- 2 vided by law, in respect t) the oatlis prescribed by Chapter 3 I3ih of the Code of Virginia. 3. Th(^ first section of this ordinance shall be applicable as 2 well to persons now in olfi'c, as to those who may be here- 3 after elected or apj)ointed. 4. All persons now in oilice shall be required to take the 2 several oaths preset ibed by this ordinance on or befiire the 3 day ; and any officer failing 4 so to do on rr before said day shall thereupon, and without 5 any proceeding for the purpose, be deprived of his office, 6 aud be incapable of holding the same ; and all acts done by 7 him thereafter shall be wholly void. 3 5, All persons not now in office, but elected or appointed, 2 and not qualified according to law, and all persons hereafter 3 elected or appointed shall, before they shall enter upon, or 4 be qualified to discharge the duties of their several offices, 5 be required to take the several oaths prescribed* by this G ordinance. 0. Whenever the Governor of Virginia shall be informed 2 by the Auditor of Public Accounts that any officer named 3 in the first section of this ordinance, and connected with the 4 collection of tlio public revenue, or having charge thereof, 5 shall have refiised to take the oaths as provide! by this G ordinance, or shall be suspected upon just grounds of being 7 opposed to taking the said oaths, or either of them, it shall 8 be lawful for the said Governor, upon the recommendation cf tlio Auditor, to appoint, in place of such suspected per- 10 sons, assessors, collector:-, and receivers of public revenue, 11 who shall discharge all the duties' required upon giving 12 bonds in a penalty to bo fixed, and with security to be 13 approved by the Auditor, and taking the oaths required by 14 this ordinance. 7. If any officer of this Commonwealth, referred to in this * ordinance, shall be guilty of any act mentioned in the 1st • section of the ordinance passed May 1st, 1861, entitled '^ An 4 irdinance for the prevention ajid punishment of offences 4 5 against the Commonwealth," or shall wilfully fail to do his 6 duty in sustaining this Commonwealth and the Provisional 7 Government of the Confederate Slates in the present war 8 with the said United States Government; or shall, hy word 9 or act, oppose the ordinance aforesaid, passed April IT, 1861, 10 or instigate or encourage opposition to the same, or niain- 11 tain or defend the jiolicy of ijie said Government of the 12 Unitid (States in its war and coercion against the Confederate 13 States, or any of them, he shall be subject to indictment 14 therefor, as for felony, and sliall, upon conviction thereof, be 15 punished, as now provided fir in the cases named in the 1st 16 section of tiie ordinance passed May 1st, 1S()1, aforesaid, ex- 17 copt where existing laws may fix other punishment, and IS shall, moreover, be deprived of his office, which shall there- 19 upon become vacant, and sliall forever be disqualified to hold 20 any office in this Commonwealth, or to exercise any civil 21 privilege whatsoever; nor shall the Governor exercise the 22 power of pardon or reprieve.^ any such cases, except as pro- 23 vided for in the Code of Virginia, chapter 17, ^ 18. 8. Vacancies in office, occurring under this ordinance, shall 2 be filled, as in other cases cf vacancy, as provided by law. 9, This ordinance shall be in force from its passage, until re- 2 pealed by act of Assembly, or by any ordinance of Conven- 3 tion. AN ORDINANCE To regulate the qualification of Sheriffs and other Collectors of the Taxes of the Commonwealth. [June 18th laid upon the tabic, and ordered toibe printed.] 1. Be it ordained, That all sheriffs, or other collectors of 2 puhlic taxes for the State, shall hereafter be required to give 3 bonds before the judge of the circuit court for the county 4 for which he sliall have been elected, or in the circuit court 5 thereof during term; and to take all the oaths required by 6 law or by ordinance before such judge or in such court. 7 And it shall be the duty of said judge in vacation to make 7 the proper certificate for record at the next term of his court 8 in the county, of the execution of the said bonds and the 9 due qualification of said sheriffs; and where the qualification 10 shall be in tcrnj, then the record shall be made in said court 11 as in other cases. In all cases, the clerk of said court shall, 12 within sixty days, transmit a copy thereof to the Auditor of 13 Public Accounts. 2 " 2. Whenever a collector s'hall be appointed as Iicrein pro- 2 vided lie shall be required to give bond and to (jiialify as 3 hereinbefore provided in the case of sheriffs. 3. Whenever the Auditor of Public Accounts shall deem the 2 security (jn any bond of a sheriff now iu office or hereafter 3 elected, to be insufficient, it shall be lawful for him, and he 4 is hereby recjuired to petition the judge of the circuit court 6 of the county for which the sheriff is elected, to require of G said shoriir a new bond, in the same manner, as if none had 7 been given by him. 4. The said sheriff, upon receiving reasonable notice of said 2 petition shall give new bond at such time as the judge may 3 require of him, and on failure so to do, shall thereupon be 4 deprived of his ollice, and vacancy thereof be declared; to 5 be filled as iu other cases of vacancy. 5. 'JMiis ordinance shall be in force from its passage, until 2 repealed by act of Assembly, or by an ordinance of Con- 3 vention. 3 5. All persons not now in office; but elected or appointed, 2 and not qualified according to law, and all persons hereafter 3 elected or appointed shall, before they shall enter upon, or 4 be qualified to discharge the duties of their several offices, 5 be rcfjuired to take the several oaths prescribed by this 6 ordinance. 6. Whenever the Governor of Virginia shall be informed 2 by the Auditor of Public Accounts that any officer named 3 in the first section of this ordinance, and connected with the 4 collection of the public revenue, or having charge thereof, 5 shall have refused to take the oaths as provided by this 6 ordinance, or shall be suspected upon just grounds of heing 7 opposed to taking the said oaths, or either of them, it shall 8 be lawful for the said Governor, upon the recommendation 9 of the Auditor, to appoint, in place of such suspected per- 10 sons, assessors, collectors, and receivers of public revenue, 11 who shall discharge all the duties required upon giving 12 bonds in a penalty to be fixed, and with security to be 13 approved by the Auditor, and taking the oaths required by 14 this ordinance. 7. If any officer of this Commonwealth, referred to in this 2 ordinance, shall be guilty of any act mentioned in the 1st 3 section of the ordinance passed May 1st, 1861, entitled '' An 4 ordinance for the prevention and punishment of offences 4 6 against the Common-wealth," or shall wilfully fail to do his 6 duty in sustaining this Commonwealth and the Provisional 7 Government of the Confederate Slates in the present war 8 with the said United States Government; or shall, by word 9 or act, oppose the ordinance aforesaid, passed April 17, 1861, 10 or instigate or encourage opposition to the same, or niain- 11 tain or defend the policy of the said Government of the 12 United Stales in its war and coercion against the Confederate 13 States, or any of them, he shall be subject to indictment 14 therefor, as for felony, and shall, upon conviction thereof, be 15 imnished, as now provided for in the cases named in the 1st 10 section of the ordinance passed May 1st, ISGl, aforesaid, ex- 17 cept where existing laws may fix other punishment, and 18 shall, moreover, be deprived of his office, which shall therc- 19 upon become vacant, and shall forever be disqualified to hold 20 any office in this Commonwealth, or to exercise any civil 21 privilege whatsoever; nor shall the Governor exercise the 22 power of pardon or reprieve in any such cases, except as pro- 23 vided for in the Code of Virginia, chapter 17, ^ 18. 8. Vacancies in office, occurring under this ordinance, shall 2 be filled, as in other cases of vacancy, as provided by law. 9. This ordinance shall be in force from its passage, until re- 2 pealed by act of Assembly, or by any ordinance of Conven- 3 tion. AN ORDINANCE To Provide for the Restoration to Rank and Position of Certain Officers. [June 18th liiifl upon tlie table, and ordered to be printed.] Be it ordained, Thai the ordinance passed the ITth day of 2 April, 1S61, entitled '' An ordinance to call the volnnteers 3 into tlie service of the State, and for other pnrposes," having 4 been passed to regulate the modes oC organizing regiments, 5 brigades, and divisions of volnnteers, thereafter to be called 6 into service, ;ind not to interfere with regiments already or- 7 ganized, and, in fact, either in service or ready for service, it 8 shall be the duty of the Governor, or Governor and Council, 9 in case the officers of any such regiment, so organized and in 10 service or ready tor service at the time said ordinance was 11 passed, have, under a mistaken construction of said ordi- 12 nance, been displaced or removed, to cause such officers to 13 be restored to their respective ranks and positions) unless 14 such officers are incompetent and disabled, by reason of ill- 2 15 health, age, or infirmity, from active and efficient service, 16 and the officers so restored shall he entitled to such rank as 17 if they had not been superseded or removed. This ordinance shall be in force from its passage. SUBSTITUTE For the Ordinance to pro ride against the sacrifice of property and to suspend proceedings in certain cases, prespnied by Mr. GoGGix, April 21, 18G1. 1. Beit ordained. That no execution shall be issued after 2 five days fiom the passage of this ordinance, by any court of 3 record or magistrate for the sale of property; nor shall there 4 be any sales under deeds of trust, except for the payment of 5 interest and costs due according to the stipulations of such 6 deeds; nor under decrees for the payment of money, until 7 otherwise provided by law. 2. Where executions have issued and are now in force in the 2 hands of officers, whether levied or not, if the debtor shall 3 tender bond with sufficient security, conditioned {ox the pay- 4 ment of the debt, interest and cost, and the expiration of one 5 year, at any time betbre or on the day of sale — in all such 6 cases, where property has been levied on, upon the giving 7 of such bond such property shall be restored to the onwer, 8 and such bond shall be returned, and like proceedings shall 9 then be had as in the case of forthcoming bonds. 3. If the debtor offers no such bond, it shall be the duty of 2 the officer to sunnnon three freeholders of the vicinage, who, 3 after being first sworn for the purpose, shall proceed to value 4 the properly according to what would have been its value on 5 the 6th day of November, 1860, and unless the said property 6 shall sell for the full an;iount of such valuation, it shall be 7 restored to the debtor. Provided, however, that the lien of 8 the creditor upon such property shall thereafter remain as if 9 \\\s Ji. fa. were in force in the hands of the officer, and not 10 levied. 4. Except in criminal cases or Commonwealth's prosecutions' 2 there shall be no trial of any cause requiring the intervention 3 of a jury, but father party to such canse shall have the 4 right, upon reasonable notice, to take the depositions of any 5 witness to be read dc bene esse. 5. In cases of misdemeanor, juries shall be sununoned from 2 the by-standers, and not under the law as it now is— and 3 with the consent of the party prosecuted, the cause may be 4 tried by the court. 0. This ordinance shall not apply to liabilities upou the part 2 of public oflicers, cither to the State, to counties, to muni- 3 cipal corporations, or to individuals — nor to the liabilities of 3 fiduciaries in tiieir character as such. 7. The time during which this ordinance is in force, shall 2 not be computed in any case where the statute of limitations 3 comes in question. 8. This ordinance shall expire on the 30th day after the as- 2 sembling of the next General Assembly. AN ORDINANCE Authoi'izing Treasury Notes, and cniiccniing the Banks. [ June 24tb laid upon the lable, and ordered to be printed.] Be it ordained, That the twelfth and thirteenth sections, 2 and the last clause of the sixteenth section of chapter fifty- 3 eight of the Code be, and the same are hereby, suspended, 4 in respect to the Banks, which, since the seventeenth day of 5 April last, have made, or may hereafter make loans to this G Commonwealth and the Government of the Confederate 7 States, or to either of them. The "loans and discounts" S and the ''circulation" of the Banks so lending, may exceed 9 the restrictions thereon by the amount of their loans to the 10 Commonwealth and the Government of the Confederate 11 States, until the same be repaid. The Banks are severally 12 authorized to loan to the Commonwealth and to the Govern- 13 ment of the Confederate States thirty per cent, on their re- 14 spectivc capitals, in the ratio of twenty per cent, to the Com- 15 monwealth, and of ten per cent, to the Government of the 16 Confederate States; and a loan to either shall impose an obli- 17 gation to loan to tlu.' other in the ratio aforcsnid ; provided IS that upon the ccriificalc ol the Anditor, that the wants of 10 the CommonM'cahli will 1)0 sn| jiliod by loans hy the Banks 20 of loss than the twenty per rent, aforesaid, they sliali scve- 21 rally be at li!;erly to inf^reasc their loans to the Government 22 of the Confederate Stales by sncli defirieney. The Ranks 23 shall 1)0 at liberty to receive and circulate tlif Treasury Notes 21 of ihe Connnonwealth and the Government of the Confe- 25 derate Slates. In addition to tlu^ snin authorized to be borrowed by the ^ 2 or(h'nai»ce entided "an ordinance to authorize the issue of 3 Treasury notes," passed April oOth, 1 SOI , and l^tr the pur- 1 poses therein de;dared, tlie paynuMit of interest on the publio 5 debt, and to pay ihc expenses of the Convention, the Gover- nor is hereby authorized U^ direct the Audit :)r of Public Ac- 7 counts to borrow for the Comnionwealih the farther sum S of four inillionsof dollars; two millions whereof, according \) to the provisions of the ordinance aforesaid, and the residue m according to the provisions of this ordinance for that purpose 11 the Auditor, on the order of the Governor, shall issue Trea- 12 sury Notes for the amount directed to l)e borrowed The 1.') notes issued according to the provisions of this ordinandi 14 shall bear no interest; be payable on demand, in sums not 15 less than five dollars, and when presented at the Treasury, 3 IG in Slims of five hundred dollars, or above, in multiples of 17 one liuiidrcd dollars, niay be converted into registered bonds 18 of the State, bearing six per cent, interest, at the option of 19 the holder. AH and singular the enactments of the ordi- 20 nance above mentioned, except as the same are hereby mo- 21 dificd, shall be accepted as a pari of this ordinance, as if the 22 same were herein repeated. The Banks, or any of them, entitled to have their notes 2 countersigned by the Treasurer, may have them counter- 3 signed in like manner, to the extent of their loans under this 4 ordinance, by depositing the Treasury Notes" and bonds of 5 the Confederate States, or either of tlicm, subject to all the 6 provisions (^f section furty-nine of chapter fifty-eight of the 7 Code, edition of ISGO. Inasmuch as the preparation of the notes hereby authorized 2 is ail addition to the general dnties of the Treasurer and Au- 3 ditor, and because it will involve a large amount of labor not 4 contemplated as part of their olRcial duties, the said Trea- 5 surer and Auditor shall each be allowed at the rate of three 6 dollars for each thousand notes so prepared and signed, by 7 them. { * tti 4 :'^'?6 'r\-'r. t ■:■■■■' M •i *^