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THE WHEELING

CONVENTION.

151

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part of the population here are slaves, have nothing to do with the Government, and no influence on its policy. The character and political action of the country originates with the SUPERIOR INTELLIGENCE, and is supported steadily."

Loyal Western

Western Virginia was loyal. Settled almost en

Virginia. tirely by non-slaveholders, its people were not subjected to the tyranny of the "dominant" class. The quite general circulation, through that section, of newspapers, gave the people more enlarged and correct ideas of public affairs than prevailed in the Eastern portion of the State, from which Northern newspapers were studiously excluded. As one consequence, the few Secessionists were powerless to control the people to their behests; and such men as Clemens and Carlisle found hearty response to their Union-loving sentiments,

May 9th, the Governor's agent arrived at Grafton, in Western Virginia, to open the rendezvous for troops called out under the Governor's requisition. Informed of his presence, the people waited upon the " agent," ordering him to leave the place within twenty-four hours, which he did, and no troops

assembled at the call.

On the contrary, however, an active loyalty, from that moment, began to prevail, and eleven companies, sworn into the United States volunteer service, were in camp, at the Fair Grounds, in Wheeling, by May 20th. The two first, on this roll of honor, were the commands of Captains Britt and Stephens. Prior to the Convention Judge Thompson's at Wheeling, (May 13th,) Charge. Judge Thompson, of the Circuit Court of Wheeling District, delivered a charge to the Grand Jury, (May 10th,) in

which he discussed the question of a separation from the Eastern section of the State, and adverted to the supremacy of the General Government. His views unquestionably represented those of the most influential class. He favored a separation if it were done with the power of law and legislative procedure; and, though he denied the right of the United States Government to invade the State, he conceded the right of resistance to treason, and therefore the necessity for the presence of Government forces where treason existed.

The Wheeling Convention.

At the important Convention held in Wheeling, May 13th, the preliminary proceedings were taken for a regularly elected Convention. The fourth day of June was named as the day of election, and the eleventh of June the day of the assemblage of the elected delegates to take action concerning a reorganization of the State Government. The spirit betrayed by the leading men in that primary gathering-where about twenty counties were represented--left no doubt of the entire loyalty of the movement. While the hosts of Jefferson Davis were gathering at all good strategic positions to meet the threatened Union advance, the people west of the Blue Ridge mountains were not left to the mercy of rebel bayonets, for the General Government had, by the advice of the Governors of Ohio, Indiana, Illinois, and Pennsylvania, arranged to throw forward General McClellan's column, at once, to afford the people and the Convention proper protection, and to threaten the rebel occupation of Harper's Ferry by a flank and rear movement.

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Tennessee Going.

TENNESSEE's vote, February 9th, on the question “Convention" or "No Convention," resulted in an overwhelming Union triumph (see Vol. II, page 24). This announcement for the time being reassured the country of that State's loyalty; but, the extraordinary revulsion of feeling created by the attack on Sumter and the President's proclamation for troops, swept away, at a dash, the atism" of Tennessee, and soon arrayed her on the side of treason. The Governor's answer to the requisition, already quoted (see page 99), was the key-note of the miserere to follow.

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The Unionists staggered before the storm which the demons of discord evoked; and, though their influence was predominant enough, for the moment, to place the State in a position of "Neutrality," even that cloak for treason was soon cast aside. May 8th, the publication, by the Nashville papers, of the secret proceedings of the Legislature then in session, announced to the people that their liberties were gone, and that, thenceforward, they were under the iron despotism of the Confederate "authorities." The story of this sale of a State is fully told in the documents attesting it.

The Bill of Sale.

May 7th, Governor Harris sent to the Legislature the following communication and document: "EXECUTIVE DEPARTMENT,

EXTITFILLE, May 7th, 1861.}

"Gentlemen of the Senate and House of Representatives:

By virtue of the authority of your joint resolution, adopted on the 1st day of May inst., I appointed Gustavus A. Henry, of the county of Montgomery, Archibald O. W. Totten, of the county of Madison, and Washington Barrow, of the county of Davidson, 'Commissioners, on the part of Tennessee, to enter into a Military League with the authorities of the Confederate States, and with the authorities of such

The Bill of Sale.

other slaveholding States as may wish to enter into it; having in view the protection and defense of the entire South against the war that is now being carried on against it.'

"The said Commissioners met Hon. Henry W. Hilliard, the accredited representative of the Confederate States, at Nashville on this day, and have

agreed upon and executed a Military League between

the State of Tennessee and the Confederate States of America, subject, however, to the ratification of the two Governments, one of the duplicate originals of which I herewith transmit for your ratification or rejection. For many cogent and obvious reasons, unnecessary to be rehearsed to you, I respectfully recommend the ratification of this League at the earliest practicable moment.

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Very respectfully, ISHAM G. HARRIS." "CONVENTION BETWEEN THE STATE OF TENNESSEE AND

THE CONFEDERATE STATES OF AMERICA.

"The State of Tennessee, looking to a speedy admission into the Confederacy established by the Confederate States of America, in accordance with the Constitution for the Provisional Government of said States, enters into the following temporary convention, agreement and military league with the Confederate States, for the purpose of meeting pressing exigencies affecting the common rights, interests and safety of said States and said Confede eracy.

"First. Until the said State shall become a mem

ber of said Confederacy, according to the Constitu tions of both powers, the whole military force and military operations, offensive and defensive, of said State, in the impending conflict with the United States, shall be under the chief control and direction of the President of the Confederate States upon the same basis, principles and footing as if said State were now and during the interval, a member of said Confederacy. Said forces, together with that of the Confederate States, to be employed for the common defense.

"Second. The State of Tennessee will, upon becoming a member of said Confederacy, under the

TENNESSEE'S

ORDINANCE OF SECESSION.

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The Ordinance of
Secession.

permanent Constitution of said Confederate States, | States of America, are hereby if the same shall occur, turn over to said Confede- abrogated and annulled, and rate States, all the public property, naval stores that all obligations on our part and munitions of war, of which she may then be in be withdrawn therefrom; and we do hereby resume possession, acquired from the United States, on the all the rights, functions and powers which by any of same terms, and in the same manner, as the other said laws and ordinances were conveyed to the GovStates of said Confederacy have done in like cases. ernment of the United States, and absolve ourselves from all the obligations, restraints and duties incurred thereto; and do hereby henceforth become a free, sovereign and independent State.

Third. Whatever expenditures of money, if any, the said State of Tennessee shall make before she becomes a member of said Confederacy, shall be met and provided for by the Confederate States.

"This Convention entered into and agreed on, in the city of Nashville, Tennessee, on the seventh day of May, A. D. 1861, by Henry W. Hilliard, the duly authorized Commissioner to act in the matter for the Confederate States, and Gustavus A. Henry, Archibald W. O. Totten and Washington Barrow, Commissioners duly authorized to act in like manner for the State of Tennessee. The whole subject to the approval and ratification of the proper authorities of both Governments, respectively.

"In testimony whereof, the parties aforesaid have herewith set their hands and seals, the day and year aforesaid, in duplicate originals.

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HENRY W. HILLIARD, [Seal.] "Commissioner for the ConfederateStates of America. "GUSTAVUS A. HENRY, [Seal.] "A. O. W. TOTTEN, [Seal.]. "WASHINGTON BARROW, [Seal.]

"Commissioners on the part of Tennessee." This "league" was put upon its adoption immediately. The Senate ratified it by a vote of fourteen to six. The House by a vote of forty-two to fifteen-eighteen members not voting or absent. The ratification read: "That said league be in all respects ratified and confirmed, and the said General Assembly hereby pledges the faith and honor of the State of Tennessee to the faithful observance of the terms and conditions of said league."

The Ordinance of
Secession.

An act had, the day previously, been adopted, ordering an election to be held June 8th, at which the following "Declaration of Independence" (Ordinance of Secession) should be voted upon :

"We, the people of the State of Tennessee, waiving our expression of opinion as to the abstract doctrine of secession, but asserting the right as a free and independent people to alter, reform or abolish our form of Government in such manner as we think proper, do ordain and declare that all the laws and ordinances by which the State of Tennessee became a member of the Federal Union of the United

"Second. We furthermore declare and ordain that Art. 10, Sections 1 and 2 of the Constitution of the State of Tennessee, which requires members of the General Assembly, and all officers, civil and military, to take an oath to support the Constitution of the United States, be and the same are hereby abrogated and annulled; and all parts of the Constitution of the State of Tennessee, making citizenship of the United States a qualification for office, and recognizing the Constitution of the United States as the supreme law of this State, are in like manner abrogated and annulled.

"Third. We furthermore ordain and declare, that all rights acquired and vested under the Constitution of the United States, or under any act of Congress passed in pursuance thereof, or under any laws of this State and not incompatible with this ordinance, shall remain in force and have the same effect as if this ordinance had not been passed."

Upon this the people were to ballot "Separation," "No separation.”

At the same date (May 6th) the Legislature passed an act adopting the Constitution of the Confederate States. Upon this act the people were to vote (at the election ordered June 8th) "Representation," "No representation."

The "Declaration" was passed in the Senate by a vote of twenty to four. In the House by forty-six to twenty-one.

Thus was consummated the transfer of that

State, with its tremendous Union majority,
to the control and keeping of the conspira-
tors;
and thenceforward the Unionists were

to suffer persecutions which forever will dark-
en the page of Tennessee's history and cast a
shadow upon the civilization of the nineteenth
century.*

* Those curious to read the story of suffering in Tennessee are referred to Parson Brownlow's book. There is enough of horror compressed in the ten months' experiences of that man, to convince the most incredulous that the spirit of secession was the spirit of Evil.

Arkansas Secedes.
The Ordinance.

"And we do further hereby declare and ordain,

Arkansas, like Tennessee, | under the name of the United States of America, is hastened to recant her late hereby forever dissolved. conservative action (see page 31). The call of Mr. Lincoln for troops was succeeded by a rapid regathering of the State Convention. Without much delay the Ordinance of Secession was passed by a vote of sixty-nine to one, viz.

"An Ordinance to Dissolve the Union now existing between the State of Arkansas and the other States united with her under the compact entitled The Constitution of the Ured States of America.'

that the State of Arkansas hereby resumes to herself all rights and powers heretofore delegated to the Government of the United States of America-that her citizens are absolved from all allegiance to said

Government of the United States, and that she is in full possession and exercise of all the rights and sovereignty which appertain to a free and independ ent State.

"We do further ordain and declare, that all rights acquired and vested under the Constitution of the United States of America, or of any act or acts of Congress, or treaty, or under any law of this State, and not incompatible with this ordinance, shall remain in full force and effect, and in no wise altered or impaired, and have the same effect as if this ordi

[Here follow the names of the delegates.]

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"Whereas, in addition to the well-founded causes of
complaint set forth by this Convention in resolutions
adopted on the eleventh March, A. D. 1861, against
the sectional party now in power at Washington
City, headed by Abraham Lincoln, he has, in the
face of resolutions passed by this Convention, pledg-nance had not been passed.
ing the State of Arkansas to resist to the last extre-
mity any attempt on the part of such power to co-
erce any State that seceded from the old Union,
proclaimed to the world that war should be waged
against such States, until they should be compelled
to submit to their rule, and large forces to accom-
plish this have by this same power been called out,
and are now being marshaled to carry out this inhu-
man design, and longer to submit to such rule or
remain in the old Union of the United States would
be disgraceful and ruinous to the State of Arkansas:

Adopted and passed in open Convention on the sixth day of May, A. D. 1861.

"Therefore, we, the people of the State of Arkansas, in Convention assembled, do hereby declare and ordain, and it is hereby declared and ordained, that the ordinance and acceptance of compact,' passed and approved by the General Assembly of the State of Arkansas on the eighteenth day of October, A. D. 1836, whereby it was, by said General Assembly, ordained that, by virtue of the authority vested in said General Assembly by the provisions of the Ordinance adopted by the Convention of delegates assembled at Little Rock, for the purpose of forming a Constitution and system of government for said State, the propositions set forth in an act supplementary to an act entitled an act for the admission

of the State of Arkansas into the Union, and to pro

vide for the due execution of the laws of the United

States with in the same, and for other purposes, were freely accepted, ratified and irrevocably confirmed articles of compact and union between the State of Arkansas and the United States,' and all other laws,

and every other law and ordinance, whereby the State of Arkansas became a member of the Federal Union, be, and the same are hereby in all respects and for every purpose here with consistent, repealed, abrogated and fully set aside; and the union now subsisting between the State of Arkansas and the other States

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Special Point against
Secession.

"Attest, ELIAS C. BOUDINOT, Secretary of the Arkansas State Convention." The injustice and absurdity of the "State Rights" doctrine is forcibly illustrated in this act of Arkansas, as it also was in the acts of Texas, Florida and Louisiana. (See pages 206-299, &c., Vol. I.) Arkansas was purchased of France by our General Government, to secure the possession and uninterrupted navigation of the Mississippi river and its affluents. It was, from the date of its first territorial organization up to the year 1861, a source of heavy expense to the General Government. In the item of mails alone, the cost of supporting the postal system in that State, for the fiscal year ending June, 1860, was two hundred and ninety thousand dollars over and above the receipts. The cost of keeping the army on her borders to protect her settlements has reached, it is said, a sum twenty times greater than the sum realized by the sales of her public lands. Thus the State not only owed its soil and its settlement to the General Government, but it owed, also, an enormous debt for the sustenance given by the same benignant power to keep it from want. What a monstrous assumption, therefore, is that which claims the right of a people to dissolve, at will, their relations and obligations to the parent Government! By all rights of common law, guaranteeing the

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purchaser in his possessions; by the law of equity, securing correlative rights; by the force of special legislation conceding supremacy, and acknowledging obedience, to the Constitution of the United States; by the rights of fraternity and highway obtained by the surrounding States-the principle of secession must be pronounced wanting in law, equity or good faith. The right of revolution to redress wrongs too grievous to bear, may be conceded—the right of peaceful secession, never.

Address of Arkansas "Conservatives."

The "conservative" men of the State--those who, in the late Convention, had opposed immediate secession and had pro

cured the submission of the whole matter to a vote of the people, issued a belligerent manifesto or "address," from which we may quote: "The employment by the Federal Government of its military power and material resources, which have been supplied alike by all the States of the Union, to compel any of them to submit to its jurisdiction, is utterly opposed to the spirit and theory of our institutions, and in a little while would reduce the States which constitute the weaker section, to the condition of mere appanages or provinces to the dominant and stronger section, to which anarchy itself would be preferable.

"The South is 'our country'-and while we are satisfied that, up to the moment when the Government at Washington committed the folly and wickedness of making war upon the Seceded States, the conservative party in Arkansas was largely in the ascendant, we cannot believe that her soil is polluted by a being base and cowardly enough to stop to consider, in casting his lot in the unequal struggle in which she is engaged, whether she is right or wrong.'"

That was the proper course for Albert Rust to pursue if he would still be in the van. He took his seat in the Confederate Congress May 17th, as one of the five delegates from

the "new sister." The act of admission to the Confederacy was passed on that date.

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commission. Among others was this ordinance, which we place on record as one of those landmarks of Southern feeling and course of procedure. It may suggest to future lawgivers what course is best likely to avail with those who are base enough to make bedfellows with treason:

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Act of Confiscation and Repudiation.

· An Ordinance in regard to Foreign Indebtedness in the State of Arkansas, and with regard to other objects : "SECTION 1. Be it ordained by the people of Arkansas, in Convention assembled, that all the debts of whatever kind due or to become due hereafter, whether the same be evidenced by record, bond, note, bill of exchange, or by other proof; and whe

ther such indebtedness is dischargeable or to become dischargeable by money, property, or other

choses in action, where the duty of payment is due or is to become due upon resident citizens of the State of Arkansas, and is due or is to become due to a resident or citizen of the State of Maine, the State of Rhode Island, the State of Massachusetts,

the State of Vermont, the State of New Hampshire, the State of Connecticut, the State of New York, the State of Ohio, the State of Indiana, the State of the State of New Jersey, the State of Pennsylvania,

Illinois, the State of Michigan, the State of Iowa, the State of Wisconsin, the State of Minnesota, the

State of California, the State of Oregon, or the State of Kansas, or to a resident or citizen of the Territory of Utah, Washington, Dacotah, Nevada, or Colorado, be and the same is hereby distrained and appropriated to and for the use and benefit of the State of Arkansas, and payments thereof are hereafter to be made to the State of Arkansas, in such manner as shall be provided by ordinance of this Convention, or by enactment of the Legislature of

the State, and all other payments are hereby prohibited, and declared null and void, and the party making the same shall be responsible to the State for the full value of such payment of money, or of delivery of property or chose in action.

"SEC. 2. Be it further ordained, That all money, property and choses in action that are now in possession, or that may hereafter come to the possession of any attorney, marshal, sheriff or agent, or other person in this State, for the use or benefit of

any citizen or resident in any of the aforesaid States and Territories, be and the same is hereby distrain

ed and appropriated to and for the use and benefit of the State of Arkansas, and that all payments or delivery thereof, otherwise than such as may be Before adjournment, the Convention pass-hereafter provided by ordinance of the Arkansas ed, as other States had done before it, vari-State Convention, or enactment of the Legislature, ous acts looking to the "punishment" of the Free States for their sins of omission and

shall be null and void, and the party making such payment, or delivering such property or chose in

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