The Virginia Constitutional Convention of 1829–1830 was a constitutional convention for the state of Virginia, held in Richmond from October 5, 1829, to January 15, 1830.
Background and composition
Almost immediately, the Constitution of 1776 was recognized as flawed both for its restriction of the suffrage by property requirements, and for its malapportionment favoring the smaller eastern counties. Between 1801 and 1813, petitioners called on the Assembly to initiate a constitutional convention ten times. The House of Delegates passed a bill twice, but the conservative eastern planter majority in the Virginia Senate killed both measures. Continuing growth in the western parts of the state led to another fifteen years of agitation. Several counties in the Eastern Shore, northern Piedmont and western counties began opening polls for direct expression from the voters for a constitutional convention; eventually there were twenty-eight such counties calling for reform.Shade 1996, p. 57–61
Malapportionment in the Assembly was seen as "a usurpation of the minority over the majority" by the slave owning eastern aristocracy. Partisans argued for apportionment by white population, versus "federal numbers" combining white population with three-fifths slaves, versus the existing system counting whites and slaves equally to favor the slave-holding eastern counties. After several General Assembly sessions with close votes for calling a convention, in 1828, the Assembly allowed for a statewide ballot for "Convention", "Neutral" or "No Convention". It passed by 56.8 percent, with most convention support coming from west of the Blue Ridge Mountains northwest to the Ohio River. But the easterners in the State Senate had stacked the deck in their favor, by apportioning the delegates by four per Senate district, producing a group of men which was more wealthy and more conservative than the House of Delegates.Shade 1996, p. 62–64
The last "gathering of giants"Gutzman 2007, p. 163, 165 from the Revolutionary generation included former presidents James Madison and James Monroe, and sitting Chief Justice John Marshall. But three generations were represented among those who would serve in public office including three presidents, seven U.S. Senators, fifteen U.S. Representatives and four governors. The other delegates to the Convention were sitting judges or members of the Virginia General Assembly.Gutzman 2007, p. 163, 165
Meeting and debate
The Convention met from October 5, 1829 – January 15, 1830, and elected former president James Monroe of Loudoun its presiding officer. On December 8, Monroe withdrew due to failing health, and the Convention elected Philip P. Barbour as its new presiding officer. Barbour was a former Speaker of the U.S. House of Representatives, a sitting federal district judge, and a future Justice on the Supreme Court. Conservatives among the Old Republicans such as John Randolph of Roanoke feared any change from the Founders' 1776 Constitution would lead to an ideological anarchy of "wild abstractions" imposed by egalitarian "French Jacobins" through "this maggot of innovation". In answer, John Marshall advanced his view with a petition from the freeholders of Richmond which observed that, "Virtue, intelligence, are not among the products of the soil. Attachment to [slave] property, often a sordid sentiment, is not to be confounded with the sacred flame of patriots." Any white male who had served in the War of 1812 or who would serve in the militia in there future defense of the country deserved the right to vote.Shade 1996, pp. 65–66
Abel P. Upshur, a judge on the Virginia General Court, spoke for conservatives when he asserted that there "is a majority of interest as well as a majority in number". Because both persons and property were the "elements of society", majority rule by the people alone was not an equitable solution. "Those who have the greatest [property] stake in the Government…[must] have the greatest share of power in the administration of it." Lawyer John R. Cooke, a veteran of the War of 1812 countered that delegates must base the Constitution and legislative representation on the wishes of citizens, "the white population…[looking] to the people" for its authority, not only the wealthy, not to sectional slave-holding interests, and "not to the supposed rights of the [unequally populated] counties."Shade 1996, pp. 65
Reformers' efforts to adopt direct popular election of the Governor were defeated in favor of continuing election by the General Assembly.Gutzman 2007, p. 188 Thomas Jefferson Randolph, Thomas Jefferson's grandson, proposed gradual emancipation, a suggestion which never made it out of committee onto the Convention floor.Andrews 1937, p. 430 The reformers lost on almost every issue. Nevertheless, even with the exaggerated Virginia Senate representation apportioning the delegates in favor of the status quo, the three most important roll calls were close. The "white" population basis of apportioning the General Assembly failed by two votes. The extension of the vote to all free white males failed by two votes. When the popular election of governor passed on its first vote, it failed on reconsideration. The divisions which would lead to West Virginia's split were evident. Regardless of the various ideologies represented or delegate political affiliation, the final vote 55 for the proposed Constitution to 40 against was along an east-west divide. Only one delegate voted yes from west of the Blue Ridge Mountains.Heinemann 2007, p. 173–174
Outcomes
Some malapportionment in the General Assembly was eased relative to the majority of voters and white population in the Valley in the House of Delegates, but nothing for the transmontane west. Some suffrage restrictions were modified to include long term leaseholders and male heads of household.Shade 1996, p. 64 The Constitution of 1830 was a "triumph of traditionalism."Heinemann 2007, p. 173
Historical accounts of the convention often relay interpretations of Hugh B. Grigsby that emphasize it as the "last gathering of giants." This approach typically omits names of the western reformers like Philip Doddridge who called for the convention in the first place. The "triumph of traditionalism" largely maintained traditional malapportionment preserving slaveowners’ disproportionate political power. This contributed to western Virginia counties’ later secession and formation of West Virginia led by Doddridge protégé Waitman T. Willey.
Delegates The delegates to the Convention were elected in May and June, 1829. Each of the 24 senatorial districts sent four delegates to the convention, for a total of 96 members. Three districts elected another delegate to replace a vacant seat.Pulliam 1901, p. 67, 70–72
District Delegate County Current Office Former Offices Future Offices Notes1John B. GeorgeTazewellAssembly DelegateAndrew McMilianLeeAssembly DelegateEdward CampbellWashingtonWilliam ByarsWashingtonAssembly Delegate2Gordon CloydMontgomeryHenley ChapmanGilesAssembly SenatorJohn P. MathewsWytheWilliam OglesbyGraysonAssembly Delegate3George TownesPittsylvaniaAssembly SenatorBenjamin W. S. CabellPittsylvaniaAssembly SenatorJoseph MartinHenryAssembly SenatorArchibald StuartPatrickU.S. Representative4John RandolphCharlotteU.S. Senator; U.S. RepresentativeWilliam LeighHalifaxJudge of the Virginia General CourtRichard LoganHalifaxAssembly SenatorRichard N. VenablePrince EdwardPresident of the Upper Appomattox Canal Co.5William Henry BrodnaxDinwiddieBrigadier General, Virginia MilitiaGeorge C. GroomgooleBrunswickMark AlexanderMecklenburgU.S. RepresentativeWilliam O. GoodeMechlenburgU.S. Representative6John Y. MasonSouthamptonU.S. Representative, U.S. District Judge, Secretary of State, Secretary of the NavyJames TrezvantSouthamptonU.S. RepresentativeAugustine ClaiborneGreensvilleVirginia DelegateJohn UrquhartSouthampton7Littleton W. TazewellNorfolk BoroughU.S. SenatorGovernor of VirginiaJoseph PrentisNansemondRobert B. TaylorNorfolk BoroughResignedHugh Blair GrigsbyNorfolk BoroughAssembly Delegate8George LoyallNorfolk BoroughU.S. RepresentativeThomas R. JoynesAccomackAssembly DelegateThomas M. BaylyAccomackU.S. RepresentativeCalvin H. ReadNorthamptonAssembly DelegateDied9Abel P. UpshurNorthamptonJustice of the Virginia General CourtSecretary of the Navy; Secretary of StateJohn MarshallRichmond CityU.S. Chief JusticeJohn TylerCharles CityU.S. SenatorPresident of the U.S.Philip N. NicholasRichmond CityJudge of the Virginia General Court10John B. CloptonNew KentAssembly SenatorJudge of the Virginia General Court and Circuit CourtJohn Winston JonesChesterfieldU.S. RepresentativeBenjamin W. LeighChesterfieldU.S. SenatorSamuel TaylorChesterfieldAssembly Senator11William B. GilesAmeliaGovernorWilliam CampbellBedfordAssembly SenatorSamuel ClaytorCampbellCallowhill MennisBedfordResignedJames SaundersCampbellAssembly Senator12Andrew BeirneMonroeU.S. RepresentativeWilliam SmithGreenbrierU.S. RepresentativeFleming B. MillerBotetourtAssembly SenatorJohn BaxterPocahontasAssembly Senator13Edwin S. DuncanHarrisonAssembly SenatorJohn LaidleyCabellAssembly DelegateLewis SummersKanawhaAssembly DelegateAdam SeeRandolphAssembly Delegate14Philip DoddridgeBrookeU.S. RepresentativeCharles S. MorganMonongaliaAssembly SenatorAlexander CampbellBrookeOrdained minister, leader of the Disciples of ChristFounder and president of Bethany CollegeEugenius M. WilsonMonongalia15Briscoe G. BaldwinAugustaMajor General, Virginia MilitiaJustice of the Virginia Supreme CourtChapman JohnsonAugustaAssembly SenatorWilliam McCoyPendletonU.S. RepresentativeSamuel M. MooreRockbridgeU.S. Representative16James PleasantsGoochlandU.S. Senator; Governor of VirginiaWilliam F. GordonAlbemarleU.S. RepresentativeLucas P. ThompsonAmherstAssembly DelegateThomas Massie, Jr.NelsonAssembly Delegate17James MadisonOrangePresident of the U.S.Philip P. BarbourOrangeU.S. District JudgeSpeaker of the HouseJustice of the U.S. Supreme CourtElected Presiding Officer after Monroe resigned the officeDavid WatsonLouisaAssembly DelegateDied without attendingRobert StanardSpotsylvaniaVirginia Justice18John RoaneKing WilliamU.S. RepresentativeWilliam P. TaylorCarolineU.S. RepresentativeRichard MorrisHanoverAssembly DelegateJames M. GarnettEssexU.S. RepresentativeWilliam A. G. DadePrince WilliamAssembly SenatorDied19Ellyson CurrieLancasterAssembly SenatorJohn TaliaferroKing GeorgeU.S. RepresentativeFleming BatesNorthumberlandJohn S. BarbourCulpeperU.S. RepresentativeJohn ScottFauquierAssembly Senator20John MacraeFauquierAssembly Delegate(1829 session)Thomas MarshallFauquierAssembly Delegate(1830 session)John W. GreenCulpeperVirginia JusticePeachy HarrisonRockinghamAssembly Senator21Jacob WilliamsonRockinghamWilliam AndersonShenandoahAssembly DelegateSamuel CoffmanShenandoahWilliam NaylorHampshireAssembly Delegate22William DonaldsonHampshireAssembly SenatorElisha BoydBerkeleyAssembly DelegateBrigadier General, Virginia MilitiaAssembly SenatorPhilip PendletonBerkeleyU.S. JudgeJohn R. CookeFrederick23Alfred H. PowellFrederickU.S. RepresentativeHierome L. OpieJeffersonResignedJames M. MasonJeffersonU.S. SenatorThomas Griggs, Jr.JeffersonAssembly Delegate24James MonroeLoudounPresident of the U.S.First Presiding OfficerCharles F. MercerLoudounU.S. RepresentativeWilliam H. FitzhughFairfaxAssembly SenatorRichard H. HendersonLoudoun
Districts
Districts are numbered as follows for the table and map:
Washington, Lee, Scott, Russell and Tazewell Wythe, Montgomery, Grayson and Giles Franklin, Patrick, Henry and Pittsylvania Charlotte, Halifax, and Prince Edward Brunswick, Dinwiddie, Lunenburg, and Mecklenburg Sussex, Surry, Southampton, Isle of Wight, Prince George, Greensville Norfolk, Princess Anne, Nansemond and Borough of Norfolk Mathews, Middlesex, Accomack, Northampton and Gloucester