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666 West Virginia’s Civil War–Era Constitution C h a p t e r 2 9 The Schedule, the Racial Serpent, and a Confederate Adjournment The day before adjournment exposed the last stand on the issues that many troubled delegates saw as deficiencies in the almost-completed constitution. The debate about the schedule of implementation provided delegates—not reconciled to specific constitutional provisions—their last opportunity to secure parallel referenda on substitute sections to the proposed constitution. The convention, perhaps predictably, finally provided for a simultaneous referendum on a racial question. The approaching date of the anniversary of the Confederate surrender at Appomattox presented Lost Cause delegates an extraordinary opportunity for an ironic and symbolic adjournment date so they could celebrate their apparent constitutional victory in the march for redemption. During debate on the schedule of ratification, the convention entertained motions that called for separate votes on substitute sections that proposed to replace sections in the constitution to be ratified. If the proposals were adopted by the convention,thevotingonthesesubstitutesectionswouldoccursimultaneouslywith the constitutional referendum. If adopted, they effectively amended the constitution being ratified. The proposed substitute sections addressed three areas of contention: 1) optional county government in lieu of the county court system (proposed Art. 8, sections 23–33); viva voce voting instead of the ballot (proposed Art. 4, section 2); and, restricting office-holding to whites (proposed Art. 4, section 4). The schedule of constitutional implementation was an integral part of the Constitution of the State of West Virginia and had constitutional impact until the frame became operational. The schedule specified the process of ratification and implementation, the dates and procedure of election, the dates of office tenure and legislative sessions, and the continuity of government—including its forms and records. Extensive debate occurred over the schedule’s provisions because of its establishment of procedural and, in some cases, substantive finality. 666 The Schedule, the Racial Serpent, and a Confederate Adjournment 667 On 8 March, about a month before convention adjournment, John Blair Hoge movedthatacommitteebeappointedtoprepareandreportascheduletobeappended to the Constitution when the convention adopted it. The convention approved the resolution, and President Samuel Price appointed a six-member committee. The CommitteeontheSchedulehadHogeaschairmanandJ.W.GallaherofMoundsville, Nicholas Fitzhugh of Charleston, William G. Brown of Kingwood, John Bassel of Clarksburg, and William McCreery of Raleigh Court House as members.1 Convention delegates submitted only two resolutions to guide the committee deliberations. George O. Davenport desired that the schedule committee incorporate a provision that directed existing courts, which were not enumerated in the new constitution, to continue to exercise their current jurisdiction unless otherwise provided by future statute. Waitman T. Willey believed the committee ought to provide for the appointment of commissioners “to modify and conform the Code and statutes of the State” to the new constitution if it were ratified. The Commissioners would report their work to the first legislature after ratification.2 Eleven days before the end of the convention, the Committee on Schedule presented its report. The chairman, John Blair Hoge, moved that the report be laid on the table and printed. On the same day, 29 March, the committee issued a special report that responded to resolutions of referral that the convention had adopted on 23 and 27 March.3 Delegate James S. Wheat had offered the first resolution proposing that when the constitutional referendum occurred, each voter would have the right to vote for or against the organization of the county court established by the document. If the majority of county voters opposed county court organization, the governor would announce the county and other counties that opposed the county court plan. John H. Atkinson of New Cumberland offered a resolution that the Committee on the Schedule inquire into the expediency of providing, in the case of ratification of the constitution, that the Board of Supervisors upon petition of the majority of county voters call a convention of voters one month before the first legislative meeting. The called convention possessed the authority to decide the county governmental form. It would report its preference to the Board of Supervisors who had to apply to the legislature to enact the necessary law implementing the form under section 38 of the article of judicial organization. It was clear that some Northern Panhandle delegates resisted the imposition of the county court scheme and were searching for a process to retain the township/Board of Supervisors system. The Democratic majority refused to be accomodating.4 The Committee on Schedule reported that any such decision by a county at...

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