Charles James Faulkner (July 6, 1806 – November 1, 1884) was a politician, planter, and lawyer from

Berkeley County, Virginia Berkeley County is located in the Shenandoah Valley in the Eastern Panhandle region of West Virginia in the United States. The county is part of the Hagerstown- Martinsburg, MD- WV Metropolitan Statistical Area. As of the 2020 census, the cou ...

(since 1863,

West Virginia West Virginia is a state in the Appalachian, Mid-Atlantic and Southeastern regions of the United States.The Census Bureau and the Association of American Geographers classify West Virginia as part of the Southern United States while the Bur ...

) who served in both houses of the

Virginia General Assembly The Virginia General Assembly is the legislative body of the Commonwealth of Virginia, the oldest continuous law-making body in the Western Hemisphere, the first elected legislative assembly in the New World, and was established on July 30, 161 ...

and as a U.S. Congressman.

Early and family life

Faulkner was born in Martinsburg, Berkeley County, Virginia (now West Virginia) in 1806. His father, James Faulkner, had emigrated from Ireland, and served as an artillery commander defending Norfolk during the War of 1812, alongside

Elisha Boyd Elisha Boyd (October 6, 1769 – October 21, 1841) was a Virginia lawyer, soldier, slaveowner and politician who served in both houses of the Virginia General Assembly, and developed Berkeley County. Early and family life Elisha Boyd was born o ...

, whose daughter would marry this Faulkner. Although both his parents died when he was still a child, C. J. Faulkner graduated from

Georgetown University Georgetown University is a private university, private research university in the Georgetown (Washington, D.C.), Georgetown neighborhood of Washington, D.C. Founded by Bishop John Carroll (archbishop of Baltimore), John Carroll in 1789 as Georg ...

in Washington, D.C. in 1822, studied law and was admitted to the Virginia bar in 1829. He married Mary Wagner Boyd, the daughter of

, and received "Boydville" as part of his dowry. They had three daughters and two sons,

Charles James Faulkner Charles James Faulkner (September 21, 1847January 13, 1929) was a United States senator from West Virginia. Early life Born on the family estate, "Boydville," near Martinsburg, Virginia (now West Virginia). His father was Charles James Faulk ...

(1847-1929) and E. Boyd Faulkner (1841-1917). Both of his sons became Confederate officers and later politicians, diplomats and judges.

Career

Faulkner practiced law, farmed using enslaved labor, and sought to develop Berkeley County. A fervent Whig and friend of U.S. Senator

Henry Clay Henry Clay Sr. (April 12, 1777June 29, 1852) was an American attorney and statesman who represented Kentucky in both the U.S. Senate and House of Representatives. He was the seventh House speaker as well as the ninth secretary of state, al ...

(who would visit the district many times), Faulkner advocated internal improvements (including the

National Road The National Road (also known as the Cumberland Road) was the first major improved highway in the United States built by the Federal Government of the United States, federal government. Built between 1811 and 1837, the road connected the Pot ...

and

Chesapeake and Ohio Canal The Chesapeake and Ohio Canal, abbreviated as the C&O Canal and occasionally called the "Grand Old Ditch," operated from 1831 until 1924 along the Potomac River between Washington, D.C. and Cumberland, Maryland. It replaced the Potomac Canal, wh ...

which passed through Martinsburg). He also owned slaves and was a member of the

American Colonization Society The American Colonization Society (ACS), initially the Society for the Colonization of Free People of Color of America until 1837, was an American organization founded in 1816 by Robert Finley to encourage and support the migration of freebor ...

. In the 1860 census, he owned $100,000 in real estate and $150,000 in personal property, including 13 slaves in Berkeley County.

Politician

Berkeley County voters first elected Faulkner one of their representatives in the

Virginia House of Delegates The Virginia House of Delegates is one of the two parts of the Virginia General Assembly, the other being the Senate of Virginia. It has 100 members elected for terms of two years; unlike most states, these elections take place during odd-numbe ...

in 1829 and he would win election (and also lose several elections) in the ensuing decades. In his initial speech, he advocated gradual emancipation. Faulkner was also soon appointed a commissioner concerning the boundary dispute between Virginia and Maryland. In 1838, voters in Berkeley, Morgan and Hampshire Counties elected Faulkner to the

Virginia State Senate The Senate of Virginia is the upper house of the Virginia General Assembly. The Senate is composed of 40 Senate, senators representing an equal number of single-member constituent districts. The Senate is presided over by the Lieutenant Governor ...

and he won re-election in 1841. In 1848 Faulkner again won election to the House of Delegates. There, he introduced a law which became a model for the

Fugitive Slave Act of 1850 The Fugitive Slave Act or Fugitive Slave Law was passed by the United States Congress on September 18, 1850, as part of the Compromise of 1850 between Southern interests in slavery and Northern Free-Soilers. The Act was one of the most co ...

. In 1850, Faulkner was elected to the

Virginia Constitutional Convention of 1850 The Virginia Constitutional Convention of 1850 was an assembly of elected delegates chosen by the voters to write the fundamental law of Virginia. It is known as the Reform Convention because it liberalized Virginia political institutions. Backgro ...

, as one of four delegates elected from the northern Valley delegate district made up of Berkeley County and neighboring Jefferson and Clarke Counties. He served with William Lucas, Dennis Murphy and

Andrew Hunter Andrew Hunter or Andy Hunter may refer to: Sports *Andrew Hunter (British swimmer) (born 1986), British swimmer who was a medalist in the Commonwealth Games *Andrew Hunter (Irish swimmer) (born 1952), Irish swimmer *Andy Hunter (footballer, born 18 ...

, and was especially vocal in extending suffrage and advocating more equitable tax adjustment, since taxing slaveowners less than their slaves' worth (and adding nonvoting slaves when proportioning the legislative seats) naturally meant more of the tax burden was placed on non-slaveowners and people in the western counties. Faulkner was also elected to the

United States House of Representatives The United States House of Representatives, often referred to as the House of Representatives, the U.S. House, or simply the House, is the Lower house, lower chamber of the United States Congress, with the United States Senate, Senate being ...

in 1850, and he won re-election several times, serving from 1851 to 1859. He entered Congress as a Whig, but with the demise of that party, he was re-elected as a

Democrat Democrat, Democrats, or Democratic may refer to: Politics *A proponent of democracy, or democratic government; a form of government involving rule by the people. *A member of a Democratic Party: **Democratic Party (United States) (D) **Democratic ...

, which he remained for the rest of his Congressional career. There, Faulkner served as chairman of the Committee on Military Affairs from 1857 to 1859.

Diplomat and soldier

President President most commonly refers to: *President (corporate title) *President (education), a leader of a college or university *President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ful ...

James Buchanan James Buchanan Jr. ( ; April 23, 1791June 1, 1868) was an American lawyer, diplomat and politician who served as the 15th president of the United States from 1857 to 1861. He previously served as secretary of state from 1845 to 1849 and repr ...

appointed Faulkner Minister to France in 1860. He served until the onset of the

American Civil War The American Civil War (April 12, 1861 – May 26, 1865; also known by other names) was a civil war in the United States. It was fought between the Union ("the North") and the Confederacy ("the South"), the latter formed by states th ...

, newly elected President

Abraham Lincoln Abraham Lincoln ( ; February 12, 1809 – April 15, 1865) was an American lawyer, politician, and statesman who served as the 16th president of the United States from 1861 until his assassination in 1865. Lincoln led the nation thro ...

having replaced him with

William L. Dayton William Lewis Dayton (February 17, 1807 – December 1, 1864) was an American politician, active first in the Whig Party and later in the Republican Party. In the 1856 presidential election, he became the first Republican vice-presidential ...

. When Faulkner returned across the Atlantic Ocean to settle matters in Washington D.C., he was arrested in August 1861 on charges of negotiating sales of arms for the Confederacy while in

Paris, France Paris () is the Capital city, capital and List of communes in France with over 20,000 inhabitants, most populous city of France, with an estimated population of 2,165,423 residents in 2019 in an area of more than 105 km² (41 sq mi), ma ...

. Initially imprisoned in Washington, a prisoner exchange was contemplated of Faulkner for Henry S. McGraw, formerly Pennsylvania's state treasurer and imprisoned in Richmond while seeking to recover the corpse of Col. Cameron, but McGraw was released and Faulkner instead transferred to Fort Warren in Boston Harbor. An exchange was then contemplated for Alfred Ely, a New York congressman who captured at the

First Battle of Bull Run The First Battle of Bull Run (the name used by Union forces), also known as the Battle of First Manassas

, but Confederate President

Jefferson Davis Jefferson F. Davis (June 3, 1808December 6, 1889) was an American politician who served as the president of the Confederate States from 1861 to 1865. He represented Mississippi in the United States Senate and the House of Representatives as a ...

wanted to make Faulkner's arrest an example before the civilized world. Union forces allowed Faulkner a 30-day parole to plead his case in Richmond, whereby Davis reluctantly consented and Faulkner was formally released in December and allowed to return to Martinsburg. Days after his release, Faulkner enlisted in the

Confederate Army The Confederate States Army, also called the Confederate Army or the Southern Army, was the military land force of the Confederate States of America (commonly referred to as the Confederacy) during the American Civil War (1861–1865), fighting ...

and was appointed

lieutenant colonel Lieutenant colonel ( , ) is a rank of commissioned officers in the armies, most marine forces and some air forces of the world, above a major and below a colonel. Several police forces in the United States use the rank of lieutenant colone ...

and assistant

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on the staff of General Thomas J. "Stonewall" Jackson. Some of the troops in the Stonewall Brigade were from Berkeley County; Martinsburg changed control ten times during the conflict (30 months under Union governance and 16 months under Confederate governance). His two sons had already become Confederate States Army officers, leaving his wife and daughters to run Boydville. In July 1864, his wife stood up to a Union officer charged with burning Boydville as Faulkner's property, as Union troops had with fellow rebel Andrew Hunter's home in Charles Town and A.R. Butler home's in Shepherdstown. She protested that it was her property, and constructed by her father, a hero of the War of 1812, and her Union-allied nephews Edmund B. Pendleton and E. Boyd Pendleton backed her up. Thus, the house was spared.

Postwar

Faulkner returned but refused to take an oath of allegiance to the United States after the war, and only regained his law license after considerable difficulty. Railroads became his clients, since the railroads through Martinsburg needed rebuilding, and various railroad lines reorganized. Faulkner also successfully argued on behalf of West Virginia before the

U.S. Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...

Virginia v. West Virginia ''Virginia v. West Virginia'', 78 U.S. (11 Wall.) 39 (1871), is a 6-3 ruling by the Supreme Court of the United States that held that if a governor has discretion in the conduct of the election, the legislature is bound by his action and cannot un ...

, which was decided in 1871 and led to Berkeley and Jefferson counties remaining in West Virginia. However, other litigation (concerning allocating the cost and lost subsidies of canal, bridge and railroad improvements in western Virginia devastated by the war) would extend decades after Faulkner's death. Berkeley County voters elected Faulkner as a member of the

West Virginia Constitutional Convention ''Virginia v. West Virginia'', 78 U.S. (11 Wall.) 39 (1871), is a 6-3 ruling by the Supreme Court of the United States that held that if a governor has discretion in the conduct of the election, the legislature is bound by his action and cannot un ...

in 1872, and he served as the temporary chairman. Berkeley County voters would reject the final result, but the constitution was adopted by West Virginia as a whole; one matter of particular concern was organization within counties—under an elected Sheriff, Circuit Judges or Commissioners (the Ohio system)--which some condemned as a hodgepodge. The U.S. Congress removed his political disabilities by special legislation. He proved a voice of restraint in that convention, as some ex-Confederates tried to undo the 1863 Constitution (modeled on Ohio's) as too "Northern". In 1877, Faulkner commanded the state militia in an attempt to quell a rail worker protest over pay cuts in

Martinsburg, West Virginia Martinsburg is a city in and the seat of Berkeley County, West Virginia, in the tip of the state's Eastern Panhandle region in the lower Shenandoah Valley. Its population was 18,835 in the 2021 census estimate, making it the largest city in the E ...

, under the direction of Governor

Henry M. Mathews Henry Mason Mathews (March 29, 1834April 28, 1884) was an American military officer, lawyer, and politician in the U.S. State of West Virginia. Mathews served as 7th Attorney General of West Virginia (1873–1877) and 5th Governor of West Virgin ...

. A skirmish ensued, resulting in shots fired on both sides and one death. The governor ultimately called for federal troops to restore order. However, by this time the protests had spread to become the

Great Railroad Strike of 1877 The Great Railroad Strike of 1877, sometimes referred to as the Great Upheaval, began on July 14 in Martinsburg, West Virginia, after the Baltimore and Ohio Railroad (B&O) cut wages for the third time in a year. This strike finally ended 52 day ...

.Bellesiles, Michael A. (2010). "1877: America's Year for Living Violently. The New Press, 2010. p 149. https://books.google.com/books?id=rf4q5LjLbHIC&pg=PA149 Retrieved November 27, 2012. Faulkner won election back to the U.S. House of Representatives as a Democrat from West Virginia in 1874, serving from 1875 to 1877. However, he lost his attempt to become a U.S. Senator from the new state in 1876. He was also mentioned as a gubernatorial candidate in 1880. Afterward, Faulkner resumed practicing law until his death.

Death

Charles J. Faulkner died at the family estate, "

Boydville Boydville is a late Georgian style mansion in Martinsburg, West Virginia. The house is near the center of the associated Boydville Historic District in . The house was built in 1812 by Elisha Boyd, a member of the Virginia House of Delegates an ...

" near Martinsburg on November 1, 1884. He was interred in Old Norborne Cemetery in Martinsburg WV. His son

lived at Boydville and became one of West Virginia's U.S. Senators in 1887. His great-grandson,

Harry F. Byrd Harry Flood Byrd Sr. (June 10, 1887 – October 20, 1966) was an American newspaper publisher, politician, and leader of the Democratic Party (United States), Democratic Party in Virginia for four decades as head of a political faction that becam ...

, would control Virginia politics for decades in the 20th century. The West Virginia State Archive holds the Faulkner family papers.Finding Aid for Carter/Faulkner Family Collection in the WV State Archives, 1776-1991
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