provided for.
"Section 2. It being represented to Congress that since the Convention
of the 26th of November, 1861, that framed and proposed the
Constitution, for the said State of West Virginia, the people thereof
have expressed a wish to change the seventh section of the eleventh
article of the said Constitution by striking out the same and
inserting the following in its place, namely, 'The children of slaves
born within the limits of this State after the fourth day of July,
1863, shall be free, and no slave shall be permitted to come into the
State for permanent residence therein.' Therefore be it enacted, that
whenever the people of West Virginia shall, through their said
convention, and by a vote to be taken at an election to be held within
the limits of the State at such time as the Convention may provide,
make and ratify the change aforesaid and properly certify the same
under the hand of the President of the Convention, it shall be lawful
for the President of the United States to issue the proclamation
stating the fact and thereupon this act shall take effect and be
in force from and after sixty days from the date of said
proclamation."[100]
It will be observed that the terms of the amendment made no provision
for the subsequent freedom of those slaves _in esse_. It was the sense
of the committee of the whole, expressed in its action on Mr. Wade's
amendment, that a specified class of slaves _in esse_ should be given
their freedom upon their arrival at a designated age. In conformity
with this view, Mr. Lane, of Kansas moved to amend the second section
by inserting after the word _free_ the following: "And that all slaves
within the State who shall at the time aforesaid be under ten years of
age shall become free when they arrive at the age of twenty-one
years, and all slaves over ten years and under twenty-one years of
age, shall become free when they arrive at the age of twenty-five
years."[101] This amendment was accepted.
After the passage of the above amendment, Mr. Carlile, persistent in
his policy of opposing admission, proposed to amend Mr. Willey's last
proposition. His amendment was to the effect that the proposed new
State be admitted without conditions. In speaking thereupon, Mr.
Willey affirmed that this amendment conformed to his personal views,
but that as a matter of good faith and honor he was precluded from
espousing its cause.[102] The amendment was rejected.
Following the report of th
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