VIRGINIA.; The Restored Government of Virginia–History of the New State of Things.
June 26, 1864
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ALEXANDRIA, Va., Wednesday, June 22, 1864.
To the Editor of the New-York Times:
SIR: In accordance with my promise to you, made some days ago, I herewith transmit you a condensed statement or history of the restored Government of Virginia, hoping you will have, the kindness to give it a place in the columns of your paper, and sincerely desiring that other leading journals of the country may copy it. We, as loyal Virginians, are anxious that our political history should be fully understood, for it seems to the writer that our political status is no better or more clearly of the State than is the complexion of political parties in the great State of New-York. I believe it is not considered a mark of ignorance on the part of any gentleman outside of your State not to understand the complexion and phases of your various political organizations. I assure you there is none of the complexity connected with our history that attaches to your local politics.
On the 17th day of April, 1861, the convention at Richmond passed what was called the Ordinance of Secession for Virginia. Immediately upon the passage of that ordinance, a number of the Union members of the convention from the western part of the State, being threatened with personal violence on account of their opposition to the ordinance, left Richmond and returned to their homes. About the 22d day of April, 1861, Hon. S.S. CARLYLE introduced resolutions in a public meeting held in Clarksburgh, providing for the calling of a convention of the people. The day for the meeting of this convention was fixed for the 10th of May, 1861, and Wheeling as the peace at which it was to assemble. The resolutions providing for this convention called upon each county to send delegates.
The convention met in conformity with this call, but after mature deliberation considered it premature to take any decisive action further than to pass strong resolutions denouncing secession, and recommending the people to vote against the ordinance passed at Richmond, which was to be submitted to them for their ratification or rejection at the general election to be held on the fourth Thursday of May of that year. It also appointed a committee of seven members as a committee of safety, and ordered an election of members to another convention. This convention was to be composed of double the number of members to which each county was entitled as regarded members of the Legislature. The members of the General Assembly, opposed to secession, and elected at the ensuing election, were also to be members of the convention. The convention thus provided for was to meet at the City of Wheeling on the 11th day of June, 1861, “to take into consideration what was best to be done for Virginia.” The Committee of Safety was to appoint a Central Committee for each county to superintend the election and make return of the delegates elected, other than those elected to the General Assembly.
On the 11th day of June 1861, the convention thus provided for convened in the City of Wheeling. It was organized by the appointment of a temporary Chairman, a Committee on Permanent Organization and a Committee on Credentials. The Committee on Permanent Organization reported, among other things, that each member of the convention, before taking his seat permanently, should be required to take the following oath:
“I solemnly swear (or affirm,) that I will support the Constitution of the United States, and the laws made in pursuance thereof, as the supreme law of the land, anything in the Constitution and laws of the State of Virginia, or in the Ordinances of the Convention which assembled at Richmond on the 13th of February, 1861, to the contrary notwithstanding; and that I will uphold and defend the Government of Virginia as vindicated and restored by the Convention which assembled at Wheeling, on the 11th day of June, 1861.”
About thirty counties were represented in this convention, the residue of the State being over-run by rebels already in arms, and all the members save one took the above oath, and he went to Richmond.
On the 15th day of June the convention, after reviewing the action of the Secession Convention at Richmond, and the action of the executive and other officers of the State, elected by the people, who had attached themselves to the cause of the so-called Confederate States, adopted the following among other ordinances:
“We, therefore, the delegates here assembled in convention to devise such measures and take such action as the safety and welfare of the loyal citizens of Virginia may demand, having maturely considered the premises; and viewing with great concern the deplorable condition to which this once happy Commonwealth must be reduced unless some regular adequate remedy is speedily adopted, and appealing to the Supreme Ruler of the Universe for the rectitude of our intentions, do hereby, in the name and on the behalf of the good people of Virginia, solemnly declare, that the preservation of their dearest rights and liberties and their security in person and property, imperatively demand the reorganization of the Government of the Commonwealth, and must all acts of said convention and executive, tending to separate this Commonwealth from the United States, or to levy and carry on war against them, are without authority and void; and that the offices of all who adhere to the said convention and executive, whether legislative executive or judicial, are vacated.”
By another ordinance the convention provided that “A Governor, Lieutenant-Governor and Attorney General for the State of Virginia, shall be elected by this convention, to discharge the duties and exercise the powers which pertain to their respective offices, by the existing laws of the State, and to continue in office for six months, or until their successors in office shall be elected.” This ordinance required the General Assembly to provide for such election.
On the 20th day of June, 1861, the convention elected the officers provided for in this ordinance.
On the next day the Governor so elected called on the President of the United States, for assistance to suppress the domestic violence then raging in the State. The following is a copy of the application made:
COMMONWEALTH OF VIRGINIA, EXECUTIVE DEP’T, WHEELING, June 21, 1861.
To His Excellency the President of the United States:
SIR: Reliable information has been received at this department from various parts of the State that large numbers of evil-minded persons have banded together in military organizations with intent to overthrow the Government of the State; and for that purpose have called to their aid like-minded persons from other States, who, in pursuance of such call, have invaded this Commonwealth. They are now making war on the loyal people of the State. They are pressing citizens against their consent into their military organization, and seizing and appropriating their property to aid in the rebellion.
I have not at my command sufficient military force to suppress this rebellion and violence. The Legislature cannot be convened in time to act in the premises; it therefore becomes my duty as Governor of this Commonwealth to call on the Government of the United States for aid to repress such rebellion and violence.
I therefore earnestly request that you will furnish a military force to aid in suppressing the rebellion, and to protect the good people of this Commonwealth from domestic violence.
I have the honor to be, with great respect, your obedient servant.
(Signed,) F.H. PEIRPOINT, Governor.
This letter was replied to by the President, through the then Secretary of War, as follows:
WAR DEPARTMENT, WASHINGTON, June 25, 1861.
SIR: In reply to your application of the 21st instant, for the aid of the Federal Government to repel from Virginia the lawless invaders now perpetrating every species of outrage upon, persons and property, throughout a large portion of the State, the President directs me to say that a large additional force will soon be sent to your relief.
The President, however, never supposed that a brave and free people, though surprised and unarmed could long be subjected by a class of political adventures always adverse to them; and the fact that they have already rallied, reorganized their government, and checked the march of these invaders, demonstrates how justly he appreciated them.
The failure, hitherto, of the State authorities, in consequence of the circumstances to which I have adverted, to organize its quota of troops called for by the President, imposed upon him the necessity of providing himself for their organization; and this has been done to some extent. But instructions have now been given to the agents of the Federal Government to proceed hereafter under your directions, and the company and field officers will be commissioned by you.
I have the honor to be, very respectfully,
Your obedient servant,
(Signed) SIMON CAMERON.
Secretary of War.
Hon. FRANCIS H. PEIRPOINT, Governor Commonwealth of Virginia, Wheeling, Va.
Thus it was that the restoration of the State of Virginia was effected, and thus it was that it was recognized by the Federal Government.
The Legislature was immediately convened by the Governor elect through a proclamation. It at once declared vacant the seats of R.M.T. HUNTER and JAMES M. MASON, Senators in Congress, from the fact that they had accepted office from the so-called Confederate States, and proceeded to the election of new Senators. Hons. JOHN S. CARLYLE and WAITMAN T. WILLEY were the gentlemen elected to the Senate, and Congress being in session, they at once took their seats without opposition.
Hons. W. BROWN and K.V. WHALEY were elected as Representatives to the Thirty-seventh Congress on the 4th Thursday of May, 1861 — the same day the vote on secession was taken — and at once repaired to Washington and took their seats, no one objecting.
The Governor then ordered an election, in what was then known as the Eleventh Congressional District, and Hon. J.G. BLAIR was elected and took his seat in the Lower House of Congress.
This action of both Houses of Congress, in the reception of members from Virginia, fully confirmed the previous action of the President in his recognition of the restored State authorities.
Strange as it may seem, a large majority of the office-holders of the State — both State and county officers — became tainted with treason, and adhered to the rebel cause. The convention, apprised of this fact, passed an ordinance requiring the Governor to demand of all officers in the Commonwealth to take and subscribe, and deposit with the Secretary of State, the following oath to purge themselves of treason, or as a test of their loyalty to the Federal Government:
“I do solemnly swear (or affirm) that I will support the Constitution of the United States and the laws made in pursuance thereof, as the supreme law of the land, anything in the Constitution or laws of Virginia, or in the ordinances of the convention which assembled at Richmond on the 13th of February, 1861, to the contrary, notwithstanding; and that I will uphold and defend the Government of Virginia, as vindicated and restored by the convention which assembled at Wheeling on the 11th day of June, 1861.”
On failure of any officer to take this oath it was made the duty of the Governor to dela[???]e the office vacant and order an election to fill the vacancy, or to require the party having authority to appoint a successor.
This oath was afterward required by the Legislature to be taken by all parties doing business under a license from the State, and also by Grand Jurors and merchants’ clerks. This requirement has since been rigidly enforced in every section where the restored Government has been in operation.
The Convention which assembled on the 11th day of June, 1861, adjourned about the 26th of the same month, to meet again on the 8th of August, following. At this second meeting, preliminary steps were taken for dividing the State, by submitting the question to the voters of the counties composing the new State of West Virginia, and also providing, at the same time, for the election of delegates for the proposed new State, to meet at Wheeling, if the people favored the division, and frame a constitution for the same. The people indorsed the movement, the convention met and framed a constitution, and submitted it to the people for their ratification or rejection, and they accepted it. The Legislature afterwards gave its sanction to the movement. This proposition for the division of the State, together with the new constitution adopted and ratified, was submitted to Congress, and after some delay, was sanctioned through a bill submitted for that purpose, which bill the President signed.
The new State of West Virginia was then organized under the constitution thus provided. On the 20th day of June, 1861, Hon. ARTHUR J. BOREMAN was inaugurated its Governor.
The Legislature had provided that when the State of West Virginia should become organized, the Governor might move the seat of government to such place in the old State as he might deem expedient. In conformity with this law, Gov. PEIRPOINT removed the archives of the State to Alexandria, and declared it, by proclamation, to be the temporary Capital of the State. Several of the old State officers removed with the removal of the seat of government, and the affairs of the Commonwealth have since been successfully conducted at this point.
FRANCIS H. PEIRPOINT was appointed Governor of the State by the convention which convened at Wheeling in the Spring of 1861. He served by appointment until the next regular election. In the Spring of 1862 he was elected by the people to fill the unexpired term of JOHN LETCHER, whose term of office did not expire until Dec. 31, 1863, but whose office had been declared vacant by the ordinance above alluded to. He was reelected by the loyal voters of the old State, at the general election held on the fourth Thursday of May, 1863, and was inaugurated for four years, on the 1st day of January, 1864.
The General Assembly of Virginia, under the restored Government, met at Alexandria in regular session on the first Monday of December, 1863, and passed an act providing for the election of delegates to a convention, to alter, amend, revise, or to form a new Constitution for the State. The members of, this convention were duly and legally elected by the people. The convention met on the 13th day of February, 1864, and on the 11th day of March following, it adopted a clause, with but one dissenting voice, abolishing Slavery and involuntary servitude, except for crime, in the State forever. This provision provides that minors of African descent may be apprenticed in the same condition with white children, and prohibits the Legislature from making any law contravening the provision. Under the constitution and laws of the restored Government, therefore, when the rebellion shall be suppressed within our borders, the Government will be in loyal hands, and conducted, as it is now, on the most liberal democratic or republican principle.
Some objection has been raised to the Constitutional Convention above alluded to. These objections may be stated as follows:
First — That the number constituting the convention was too small; and
Second — That the convention did not submit its action to the people for their ratification or rejection.
The answer to the first objection is, that every county then within the Federal lines was represented. More than one-tenth of the entire State was represented.
The President’s proclamation liberated a portion of the slaves in the State, while Slavery still existed in the larger portion of the territory represented in the convention. The State officers, according to their oaths of office, were bound to enforce the laws, however repugnant it might be to them. The old Constitution recognized the institution, and forbid the Legislature to liberate the slaves. The officers of the Federal army were charged with the duty of carrying out the Emancipation Proclamation. This, it will readily be perceived, brought the State and Federal authorities into conflict. A Justice would order a slave arrested and returned to his master, and a squad of soldiers would be ordered to effect his release. The abolition of Slavery, therefore, became a necessity, in order that the State and Federal authorities might work in harmony for the restoration of civil law and good order.
The answer to the second objection is, that it was useless to submit the Constitution thus amended to a vote of the people for their ratification or rejection. Suppose that only one-eighth of the State had been represented in this convention. The adoption of the Constitution by that one-eighth would have been no expression of opinion of the other seven-eights. No one is so foolish as to maintain that the adoption or rejection of the Constitution by this one-eighth would have been any expression of public sentiment throughout the State. The convention was called for the purpose of abolishing Slavery. The delegates were elected with the full understanding of what they were to do, and they did it. Therefore the submission of the Constitution to another vote of the people, while a large majority of them had already expressed their opinion in its favor by the delegates whom they had elected for an avowed and well understood purpose, would have been a piece of supreme folly.
I might answer both objections thus: The rebels forced upon the loyal people a state of affairs which rendered this action on their part necessary for self-preservation. If the loyal portion of our community had inaugurated the existing state of affairs within our borders, and then undertaken to do what they did, still being in a minority, the matter would have worn a greatly different aspect. The object of the loyal people of the State was to free the slaves and restore civil law, in order that the benefits of a Republican Government, in theory and practice, might be enjoyed. If a majority of the people hereafter desire to change their organic laws they can do so, but a slave once free can never again be enslaved unless with his own consent. Virginia, therefore, as at present restored, must forever remain free from the taint and blighting effects of an institution which has paralyzed her for so many years past.
