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 assured a colleague of the opposite side that the question would not be brought up that morning and he wanted that all the proponents and opponents of the measure be present at the taking of the vote. Mr. Stewart, of Doddridge, the gentleman to whom Mr. Battelle referred, having just entered, stated that he understood the motion before the House to be a compromise measure that would settle the question. Thereupon, Mr. Battelle served notice that while he would support the pending motion, he had entered into no compromise. It was his plan, therefore, to prosecute the case before the public forum. The question was put and it was agreed with one dissenting vote that there should be incorporated into the Constitution the first clause of Mr. Battelle's resolution; namely: "No slave shall be brought or free person of color come into this State for permanent residence after this constitution goes into effect."[72]