By William “Skip” Deegans
Whether former President Trump may have an opportunity to again hold an office in the United States government could hinge, in part, on the words of a West Virginian.
Peter Van Winkle, a Parkersburg attorney and railroad executive, was involved in the creation of West Virginia. In 1850, he was a member of the Virginia State Constitutional Convention. Later, in 1861, he was a member of the West Virginia Reorganization Convention in Wheeling. He was a delegate to the convention in 1863 that framed West Virginia’s constitution. That same year, he became a member of West Virginia’s House of Delegates.
As a conservative Republican and Unionist, he became one of West Virginia’s first two United States Senators. While he is best known for casting a decisive vote that blocked the impeachment of President Andrew Johnson (who reportedly he did not admire), he participated in the debate on the 14th Amendment to the United States Constitution as the Senate addressed the subject of who shall not be allowed to serve as an officer of the United States. According to Section 3 of the 14th Amendment, a person may be disqualified from holding office in the United States government who “…shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.” Van Winkle, speaking on the floor of the Senate, underscored the importance of Section 3 by stating, “This is to go into our constitution and to stand to govern future insurrection as well as the present, and I should like to have that point definitely understood.” The 14th Amendment was ratified on July 9, 1868.
Last month a group of 25 prominent United States historians presented an Amicus brief to the United States Supreme Court and used Van Winkle’s remarks to bolster their argument as to why former President Trump is disqualified from serving again as President of the United States.
Condemned by the West Virginia press and the West Virginia Legislature for acquitting President Johnson, Van Winkle’s political career came to an end and he died in Parkersburg in 1872.
Photo: Courtesy of West Virginia & Regional History Center, West Virginia University.
Sources: The Guardian, Amici Curiae No. 23-179 re: Donald J. Trum v. Norma Anderson, et al., New Netherland Institute, U. S. Senate Historical Office.