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


er Of deciding controversies between
two or more States, contains in terms,
the mutual and reciprocal recognitons
of each ofthe high contracting parties
in that instrument, that all the other
parties ratifying the same are States.
Now, as territory is indispensably ne
cessary to constitute State, ifit is ask
ed, what territory was referred to 10
these solemn recogni,ions? the only
answer which can be given, must be,
the territory then held by the several
contracting parties, and claimed by
them respectively as their own. This
idea is confirmed strongly, by the pro.
visions of the Sd Section Of its 4th Ar
tice. But it seems manifestly absurd
TO suppose, that any department fthe
Government created by this Constitu-
lion, could be thereby endowed with
the power to vacate and annul its own
expressed provisions and recognitious,
which all are sworn to support. Es-
pecially when it is seen, that the con-
sent of the Legislatures of the States
concerned, as well as OF the Congress,
required 10 the formation Of new Stale
within the jurisdiction Of any Of the re-
coghlzsd States, or by the junction Of
two OF more of these States, or parts
Of any Of them. Therefore, the Judi
cisl power cannot be equal TO do that
act, for the accomplishment OF which
even the consent Of the parties litigant
would NOT suffice, unless this consent
was accompanied by the assent of the
Congress also, to the annihiIalion or
partition Of an existing and recognized
State.
/ 1.-THE Court ofthe United States take
cognizance of this controversy, and at.
firm our undoubted, though Unattended
rights, the State Of Mary land will pro.
baby be content with the award of the
Forum she has herself selected. 1t
will be time enough for us 10 inquire
into the authority Of the Judges, when
their acts threaten to transfer the will
ing allegiance of our citizens, TO deprive
US of the proceeds Of the vast sums Vir-
ginia has expended in improving the
Territory in question, are likely to
prove prejudicial to our ancient and
admitted possession, and consequently
to our future resources.
! 1t is possible that the State of Mary.
land may have adopted the course she
has determined to pursue, from mis-
conception of the nature Of the ques-
tons which are supposed to exist be-
tween US, or from Misrepresentation OF
the terms employed by the Assembly
Of 1883, in accepting her own pfopo'
sition for the amicable settlement of
them. Be this as it may, the adoption
Of such course has closed the door OF
explanation upon us, for the present:
nor mus, Virginia propose to reopen
it. Bot let not the breach between US
be widened, by any &C, or expression
on cur part: nor lie, new and perpet-
ual obstacle 10 all future correspon.
dence be interposed, by Joining in the
adversary proceedings" she proposes.
Actuated by these considerations,
feel bound to recommend to you as l
have done 7 and holding in view the
same objects, have taken upon my
self, verbally to advise the Commits
sioners appointed under the Act OF
March 5th, 1888, to postpone. for the
present, the execution of the duty with
which they were charged by tina! act,
in the event of Commissioners not be.
ing appointed by the State Of Mary
land. The performance Of this duty,
in the existing state Of things, would
have been OF advantage to none; and
however intended, might possibly have
been regarded with an unfriendly eye,
by our sister State.
During the intercourse l have had
with the Executive authorities Of some
of the other States of our confederacy,
my attention has been drawn, parlicu-
larly, TO the act prescribing the mode
in which criminals fleeing hither from
any Stale or Territory of the United
States, may be demanded and surren-
dered. The terms, Of this act, as they
appear to me, are much too vague and
general, to be used in the grant Of any
power SO great as that with which the
Executive of this Commonwealth is
, thereby clothed. recommend TO gu,
therefore, revision Of this statute, for
the purpose of defining more precisely
the .'other crimes" therein referred 10,
for which criminal demanded may be
surrendered I; and Of prescribing more
certainly, the means by which the Ex.
eculive Of this Commonwealth may