South Branch intelligencer. [volume] (Romney, Va. [W. Va.]) 1830-1896, 1834-12-20

uumcIItcps 90 tuio iohS ""SS s'eu w
proceed from Misrepresentation Of the
inten, ofan Act passed by former
Assembly, did not feel the necessity
Of responding TO it in the same spirit
which such apprehension might posi-
bIy have induced. l lamented, that
the tone Of this COMMUNICATION, re-
strained me from giving such an expla-
nation as / could and would have fur.
nished readily, i had been asked.
But the honor Of Virginia, forbade me
to render to menace, what would have
been yielded, and nost willingly, TO
friendly expostulation.
Isend herewith all the communica.
,ions have received from any of our
| Co-States which are Of sufficient i'm.
portance to claim your attention, TO.
gether with copies of the replies made
to the same. Among these documents
/ must call your attention particularly
to the Resolutions Of the General AS
| sembly Of the State Of Maryland upon
the subject of the Western boundary
ofths, State, and to the determination
which one of these Resolutions an.
nounces, to institute suit against this
Commonwealth, in the Court Of the
United Sta,es, for the purpose Of OBJ.
tanning by the compulsory process OF
that Tribunal, partition Of The Sovsr-
nv 4
eighty, Jurisdiction and Territory OF
this Commonwealth.
In meeting the high responsibility
which requires me to recommend to
your consideration such measures as |
may deem expedient in regard TO this
matter, feel constrained to advise,
that no step whatever be taken by you,
at this time, either to avert or to pro-
vide for such an event. Reposlng IN
confidence upon the allegiance and fl.
deity OF her people, Virginia binds
thea to her by none other than the
silken cord of their own affections. Ii
any ofthem shall desire to forsakc their
brethren a, any time, let them do so,
and in peace. We will still unite in
invoking prosperity and happiness up
| on their future LOT, wherever this may
be cast. But so long as they desire to
remain what they ever have been, part
of ourselves, no earthly power will di-
vide US, while we have any means to
give effect to their pious wish.
say this with no dis,rust of our per-
feet rights, or Of the integrity or intelli'
gence of the forum selected to pass up.
on them. live could submit questions
involving matters Of such high concern
to any Judicial Tribunal, perhaps none
better could be selected than that before
which the General Assembly Of the
State Of Maryland desires to force US
10 appear. But it BELTS not sovereign.
ty to submit the question ofils own ex-
is,ence to any Judicature whatever.
The same authority which is equal TO
despoil a state ofany portion OF its Ter
ritory, contrary to its own consent, is
also equal to annihiIa.e the very being
Of the State ITSELF 10 conserving to ap
pear and defend our rights before any
tribunal not chosen by ourselves, we
virtually admit its authority TO deter
mine the matter in controversy and as
Virginia can never consent TO hold her
Territory at the will Of any other, she
never ought to give couutenance to the
idea that she will abide by the express
sion OK any such vii.
The Congress of the United States.
although often imporluned SO to do.
have ever steadily refused TO pass any
statute prescribing the process of pro-
ceeding to be used by the Judiciary Of
the United States, in the exercise Of
that Judicial power granted to it by the
Federal Constitution, and therein de-
clared to extend "to controversies be-
tween two or more States" Even il
Congress had ever enacted any such
statute, it seems obvious, that the Soon
troversies" mentioned in the Constilu.
ton, cannot be such as involve the ex>
istence Of one OF the parties. To retain
jurisdiction over such controversies, ii
is indispensable, that all the parties lit.
igant should be 'States.' II either ceas-
es TO be such, whether by the judgment
of the forum itself, or by any other
means, the jurisdiction will necessarily
cease with the loss Of this political cha
racter. 1t would be impossible, how'
ever, to conceive the idea Of State
without Territory; and equally i'm.
possible, for the Judiciary 10 define
what loss of Territory might be com
patible with the enjoyment Of sover'
eighty amt Independence. Hence, &c
give any effect to this grant Of Judicial
power over controversies between two