eighteen
years; and the children of such females shall be free at birth'.
Shall be separately submitted to the qualified voters of the
proposed new state for their adoption or rejection, and if the
majority of the votes cast for and against said additional
section are in favor of its adoption, it shall be made a part of
article--of this constitution and not otherwise."

(2) "Resolved that the committee on schedule be and they are
hereby instructed to report the necessary provisions for carrying
the foregoing resolution into effect."

Mr. Sinsel moved that the resolutions be made the order of the next
morning at ten o'clock; Mr. Hall, of Marion county, moved to amend the
motion to the effect that it be laid on the table. Mr. Battelle
deplored the application of the gag rule. The question not being a
debatable one, the vote was taken. By a majority of one vote of the
forty-seven cast, the resolutions were indefinitely laid on the
table.[71]

On the thirteenth day of February, after the disposition of other
important business, Mr. Pomeroy, of Hancock county, suggested that the
questions raised by the resolutions offered the day before by Mr.
Battelle might be compromised, either by adopting one of the
propositions already presented, or by referring the whole matter to a
representative committee of conference. Many members of the convention
shared the views of Mr. Pomeroy and so stated their convictions to the
body. Indeed they favored the settlement of the question then and
there, without reference to a committee. Mr. Hall, of Marion, was of
the opinion that its reference to a committee might carry abroad the
idea that a division existed there; that that which was done, was
accomplished only through a committee of compromise. Mr. Hervey was
convinced that the new State must be a free State and therefore
desired to vote the proposition as it stood, without the committee.
Mr. Dille was of the opinion that there would be no objection to a
constitutional provision forbidding the entrance into the State for
permanent residence, of free Negroes or slaves, after the adoption of
the Constitution. Mr. Brown, of Kanawha, sustained the view of Mr.
Dille. Mr. Pomeroy made a motion to the effect that the first clause
of Mr. Battelle's resolution be acted upon by the body. Mr. Battelle
favored the reference of the question to a committee, thus opposing a
vote that morning because he had