Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1861-08-24
The new state Of Kanawha.

L . .. l. d. "a
i We have looked upon the course OF tbeapeo
pie in Northwestern Virginia With great doubts
as to their proprie,y or constitutionality; but a
lit has been considered rather unpopular TO Al
lude to violations Of the Constitution, we hay'
waited to see how far the matter would be car
ried without being arrested by the Nationa
authorities That time has at last come; an6
the formation Of the neV. State is somewhat
interfered with. ll5yy0 lal shilD is13
Article q, section 9, Of the Constitution
ssys: .-..-. II
Anew States may be admitted by the Con
| gress into this Union; but no new State shall
be formed or created within the jurisdiction Of
any other State; nor any State be formed by
the junction of two or more States, or parts OF
States, without the consent of the Legislatures
of the States concerned, as well as OF the Con-
gress" au sase g. r.e9 y.s7 el4.
It needs no further argument to prove the
utter unconstitutionality Of this proceeding.
i. Attorney General BArEs,i appears, has writ
ten an official letter to A. F. RrrcHIE, q mem
Der Of the Convention, on this subject. lie
says:
| "The formation of new State out of West
| ern Virginia is an original, independent act ol
revolution. / do not deny the power OF reyolu
i tion Il do not call it right-for it is never pre-.
scribed, it exists in force only, and has and car
have no law but the will Of the revolutionists.
i Any attempt to carry it out involves plair
breach of both the Constitutions-of Virgins
and of the nation. And hence II is plain tina
! you cannot take such course without weak keniDg
/ If not destroying, your claims upon the sympa
thy and support Of the General Government
and without disconcerting the plan +, already
adopted both by Virginia and the General Gov
eminent, for the reorganization Of the reyolte(
States and the restoration Of the integrity o.
i the Union, That plan l understand to be this
When State, by its perverted functionaries
has declared itself out OF the Union, we avail
ourselves Of all the sound and loyal elements
of the State--all who owe allegiance to ant
4 claim projection of the Constitution, to form I
i State Government as nearly as may be upon tht
former model, and claiming TO be the very STATE
which had been, in part, overthrown by the sue
i cessfnI rebellion, In this way we establish I
j constitutional nucleus around which all the shat
/ tered elements ofthe Commonwealth may NEE
and combine, and thus restore the old State il
its original integrity. .,....lr,'
"This, verify thought, was the plan adopted
at Wheeling, and recognized and acted upon BY
the general Government here. Your Conven'
| tion snnulled the revolutionary proceedings al
Richmond, both in the Convention and the Gen
eral Assembly, and your new Governor formally
demanded of the President the fulfllment of the
constitutional guaranty in favor of Virginia
| Virginia, as known to our fathers and to Us.
The President admitted the obligation and
promised his best efforts to fulfill it. And the
Senate admitted your Senators, not as repre-
senting new and nameless State, now for the
first time heard OF in our history, but as repre-.
sentipg the good old Commonwealth
1 aMust all this be undone, and new and haz-
ardous experiment be ventured upon. at the mo.
ment when dangers and difficulties are thicken
ing around us7 hope not--ior the sake of the
nation and the State, hope not. had rejoiced
In the movement In Western Virginia, as q
legal, constitutional and safe refuge from revo,
luton and anarchy las at once an example and
fit instrument for the restoration of all the re-
volted States"
| We thought, some time since, that the Ad
ministration and Congress were getting into q
difficulty. 100 'aas.29s-e % ~ lrs173