Mr. Carlile, of Virginia, who was foremost in organizing resistance to secession, had from the beginning assumed the appearance of a friend, but, after giving direction to the movement for separation, acted as an adversary to the new State; he opposed all conditions on its admission and expressed a preference that it be permitted to enter on the constitution submitted by its people. He would never “consent to have the organic law of a State framed for its people by the Congress of the United States.” There were 47,000 voters in the counties to be embraced within the proposed State; of that number only about 19,000 had voted on the constitution. At the last moment he delivered with his usual eloquence a strong argument against admission. An amendment which he submitted would have the effect certainly to postpone, perhaps altogether to defeat, the measure in the Senate. Failing to secure its adoption, he urged a postponement till December following; this motion, however, was voted down.
So surprised were his associates at this unexpected opposition that they inquired pointedly why these belated arguments had not been presented to the Committee on Territories when the measure was before them. Mr. Wade, its chairman, was especially severe in his condemnation of Carlile’s extraordinary course, for it was the reasoning of the Virginia Senator that had won their support; he had searched the precedents and submitted cheerfully to all the labors imposed by the Committee. Now by his opposition he brought everything to a stand-still.
His colleague, Mr. Willey, who had been converted in a rather advanced stage of the movement, declared that it was not the desire to be free from that part of the Commonwealth in rebellion that was responsible for the present attitude of western Virginia; the insurrection only precipitated the attempt to settle a controversy which was older than he. To enforce his remarks he added that great numbers of her citizens had determined to fix their abodes elsewhere unless West Virginia became an independent State. During this discussion the Senate had before it the constitution framed by the convention which met November 26, 1861, in the city of Wheeling.
After a vigorous address by Benjamin F. Wade, who had recently investigated the subject, and whose ardor had been aroused by a deputation of West Virginians then in Washington, the bill by a vote of 23 to 17 passed the Senate, July 14, 1862.[[178]]
By Mr. Brown, of Virginia, a similar measure had already been introduced into the House on June 25. It was read twice and referred to the Committee on Territories.[[179]] When called up on July 16 succeeding it was agreed to postpone consideration of the bill until the regular session in December,[[180]] and on the 9th of that month, when Representative Bingham asked that it be put on its passage, discussion of the subject was resumed.
Representative Conway said that if the application of West Virginia came in the proper manner he would be happy to vote for its admission; he regretted, however, that at the beginning of the rebellion a territorial government had not been organized there; Congress could then have passed an enabling act, and the State could be received in a manner to admit of no dispute. The question turned, he declared, on whether the State of Virginia, of which a Mr. Pierpont was Governor, was the lawful State. This he denied. A number of persons without authority met at Wheeling and organized a government. This establishment the President had recognized; one branch of Congress by admitting its Senators had also conceded its legality. These precedents, however, should not be binding on the House. Neither mobs nor mass-meetings, he asserted, make laws under our system, and such bodies had no authority to appoint Mr. Pierpont.
The President intended, Mr. Conway believed, to form similar organizations in all the seceded States. “A policy seems about to be inaugurated,” he added, “looking to an assumption of State powers by a few individuals, wherever a military or other encampment can be effected in any of the rebellious districts. The utter and flagrant unconstitutionality of this scheme—I may say, its radically revolutionary character—ought to expose it to the reprobation of every loyal citizen and every member of this House. It aims at an utter subversion of our constitutional system. Its effect would be to consolidate all the powers of the Government in the hands of the Executive. With the admission of this new State, the President will have substantially created four Senators—two for Virginia and two for West Virginia.” In referring to an extension of this system he declared that the President and a few friends could exercise Federal authority in all those States. “The true policy of this Government, therefore, with regard to the seceded States, is to hold them as common territory wherever and whenever our arms are extended over them. This obviates the terrible dangers which I have alluded to, and is in harmony with the highest considerations of public utility, as well as with sound legal principles.”[[181]]
Mr. Conway directed his criticisms against the President because he believed the Executive was first to recognize the new government. The action of the Senate was based upon this precedent, it being assumed that recognition was an Executive function.
Mr. Brown, who introduced the bill at the preceding session, related concisely the essential facts already placed before the reader. He reminded Representative Conway that, though a State could not commit treason, or any other crime, the officials of government could do so; that the legislative powers, being incapable of annihilation, returned to the people; that the spontaneous assembly at Wheeling merely organized and proposed a plan by which regular elections were to be held to fill vacancies caused by the withdrawal of disloyal representatives. A day was fixed, and wherever throughout the State loyal citizens chose to hold an election they could do so. The body thus elected assumed the legislative functions of the people.
In answer to an inquiry he replied that about five counties outside of West Virginia were represented in the Legislature which consented to the erection of the new State, and all the counties in the State were expressly invited to send representatives to the General Assembly. If they were loyal they should have coöperated; if not, they should have no voice in either the State Legislature or Congress. He referred in his remarks to a telegram which he had that morning received from Wheeling. It contained a resolution passed by the Assembly asking the House of Representatives to approve the bill for the admission of West Virginia, which had been favorably acted upon by the Senate at the preceding session.