Administrative Information

Access Restrictions

There are no restrictions.

Use Restrictions

Original Ordinance of Secession restricted. Serve Photostat.

Preferred Citation

Virginia Convention (1861: Richmond), [specific series], [dates]. [specific accession number], State Records Collection, The Library of Virginia, Richmond, Virginia.

Acquisition Information

These records came in several accessions. See catalogue record for details.

Historical Information

The Convention of 1861 met from 13 February 1861 to 1 May 1861 (when they voted for session); the convention adjourned to wait for the results of the referendum and returned 12 June to 1 July 1861. The second adjourned session met from 13 November to 6 December 1861. The firing on Fort Sumter, on 12 April, ignited the confederates to action. On 17 April 1861, the Virginia Convention voted eighty-eight to fifty-five to secede from the United States of America. The Ordinance of Secession, which repealed the ratification of the United States Constitution, was ratified on 23 May. On April 20 1861, the Convention created an advisory Council to assist the Governor in preparation of the state's defenses. Governor Letcher named Francis Henney Smith, John James Allen, Matthew Fontaine Maury, Thomas Sherwood Haymond and Robert Latane Montague to the Council. They recommended that Letcher appoint Robert E. Lee to command the state's forces. Lee accepted the appointment, taking over command on 23 April 1861. On 14 November 1861, the convention met again to draft a new state constitution and adjourned on 6 December 1861. The new constitution was submitted to the voters for approval, but it was defeated.

Scope and Content Information

The Virginia Constitutional Convention records are organized into three series. Series have been designated for Election records, Convention records and Ordinance of Secession records.

Series #1: Election Records, 1861 This series is divided into three sub-series:

Subseries A: Election of Delegates, 4 February 1861. This subseries consists of election certificates from the special election held to elect delegates to the convention of 1861. The election was held 4 February 1861. Also included are election abstracts from the special election held on the same day on the referendum question: shall the convention's action be ratified by popular vote? These records are filed together and are arranged alphabetically by locality. Records are not extant for all localities.

Subseries B: Special Election of Delegates, 24 October 1861 (to fill vacancies). This election was held in order to fill vacancies in the Secession Convention caused by the expulsion of certain delegates from the western counties. These delegates were expelled 28-29 June, but when the convention recessed 1 July, no provision had been made to fill their vacancies. On 11 October Governor John L. Letcher issued a proclamation providing for elections in those counties then in the possession of the enemy, but he did not take any cognizance of the vacant convention seats nor did he order any specific election to be held. On 24 October a special election was held to fill the vacant seats of those delegates who had been expelled from the convention. This date is ascertained from the manuscript election abstracts. Because the western counties were not under the control of the Richmond government, the election could only be held in those military encampments in eastern Virginia in which soldiers from the western counties were stationed. There is also one poll book of civilian refugees who had come to Richmond. On 19 November the convention, now re-convened, ratified the election of the new convention delegates. The Convention Journal states that the election had been provided for by the Governor's proclamation of 11 October. The manuscript election abstracts themselves cite this proclamation as the authority for the election. However, the text of the proclamation does not call for a specific election. [above subseries description written by T. Headlee, c. July 1964]

Subseries C: Referendum Election Returns, 23 May 1861. This subseries consists of abstracts and/or poll books from the referendum on the ordinance of secession and the taxation amendment to the Virginia constitution. The referendum was held 23 May 1861. The records are arranged by locality and by military encampment. Also included are election statements on the finally tally of votes for both referendum questions. Returns are not extant for all localities.

Series #2: Convention Records, 1861 This series is divided into two subseries:

Subseries A: Ordinances, 1861. This subseries consists of ordinances, arranged numerically, passed by the Convention in its three sessions. Ordinances 1-48 were passed during the May-June 1861 session; 50-88 were passed in June-July 1861; and 89-99 were passed in November-December 1861. Not all ordinances are extant, including numbers 89-99. Also included are ordinances, arranged chronologically, that were tabled or rejected by the convention. All of the ordinances were published in volume II of Journals and Papers of the Virginia State Convention of 1861. Also included is an oversize volume of convention ordinances, resolutions and schedules.

Subseries B: Miscellaneous Records, 1861. This subseries consists of reports, arranged chronologically, submitted to the Convention. Many of these reports were published in volume III of Journals and Papers of the Virginia State Convention of 1861. Also included are resolutions, petitions and memorials, correspondence and documents, the convention's pay list volume and the proceedings of the Committee on Federal Regulations (16 February 1861 to 30 March 1861). The Committee proceedings are available only on microfilm (Miscellaneous Reel 571). The original is part of the Brock Collection, Huntington Library, California.

Series #3: Ordinance of Secession, 1861-1961 This series contains the original Ordinance of Secession along with correspondence and affidavits documenting ownership after its removal from Richmond during the Civil War until its return to the Library in 1930. The correspondence and affidavits, dated 1887 and 1929, certify that the Ordinance of Secession was among various papers found in the "State House" in Richmond by Charles W. Bullis, a member of the 20th New York Stat Militia, known also as the 80th Regiment of New York Volunteers. Mr. Bullis sold the document, 10 October 1887, to Major George Hooker Treadwell who, in turn, gave it to his son, George Curtis Treadwell. Also included are several photo static copies of various facsimiles of the Ordinance owned by the National Archives and the Virginia Historical Society as well as correspondence and research notes by Library of Virginia staff concerning the history and ownership of these various editions of the Ordinance.

Arrangement

Organized into the following three (3) series: I. Election Records, 1861; II. Convention Records, 1861; and III. Ordinance of Secession Records, 1861-1961.