ifferent periods, largely
with reference to the effect it would have upon the institution of
slavery, and Congress insisted upon inserting a provision that "the
children of slaves, born in the State after the fourth day of July,
1863, shall be free; all slaves within the said State who shall at
that time be under the age of ten years shall be free when they
arrive at the age of twenty-one years; all slaves over ten and
under twenty-one shall be free at the age of twenty-five years;
and no slave shall be permitted to come into the State for permanent
residence therein." This condition was to be ratified by the
Convention which framed the constitution, and by the people at an
election held for the purpose, and, upon due certification of the
approval of the condition to the President of the United States,
he was authorized to issue his proclamation declaring West Virginia
to be a State of the Union.

Mr. Sumner was not satisfied with a condition which left West
Virginia with any form of slavery whatever. He said there were
"twelve thousand human beings now held in bondage in that State,
and all who are over a certain age are to be kept so for their
natural lives." He desired to strike out the provision which
permitted this and to insert on in lieu thereof, declaring that
"within the limits of the said State there shall be neither slavery
nor involuntary servitude otherwise than in the punishment of crime
whereof the party shall have been duly convicted." Mr. Sumner's
amendment was opposed by some of the most radical anti-slavery men
in the Senate, notably by Collamer and Foot of Vermont, by Wade of
Ohio, and by Howe of Wisconsin. They believed that the convictions
of the people of West Virginia had developed to the point embodied
in the bill, and that to attempt the immediate extirpation of
slavery might lead to re-action and possibly to the rejection of
the constitution. Mr. Sumner's amendment was therefore defeated
by 24 votes against 11. Of the 24 votes 17 were given by Republican
senators.

Mr. Powell of Kentucky vigorously opposed the bill in all its parts.
He contended that "if the cities of New York and Brooklyn, with
the counties in which they are located, were to get up a little
bogus Legislature and say they were the State of New York, and ask
to be admitted and cut off from the rest of the State, I would just
as soon vote for their admission as to vote for the pending bill."
No senator, he said, could