New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-08-20
TIE PROPOSED DIVISION OF VIRGINIA.
OPINION OF THE ATTORNEY-GENERAL OF TIE
United STATES.

UNITED STATES.
The State Convention at Wheeling, Virginia, IL
sil discussing the Question Of dividing the State An
earnest opposition to the il made by many oil
the leading members Of the Convention. In speech
delivered last week by Mr. Ritchie, delegate from
Marion County, the following cogent reasons against
tie division urged
I" lie thought many members OF this Convention
ueIe oycr-zeolous In ills mat er lie held lhit
division Of the State now would lie in violation OF me
spirit if not tie letter. the Constitution, and ciird
the clause m reference the lorna ion OF new oas
thai ihe consent Of the whole Siae murt De nSu anu
o of oDtrd or 0ne-fOnfih; that II would eInuai tahs
the action of {he General Cove me' 10 us Efforts 70
put down retelli u; that the slavery gu, stlon nlu'
come up IN the 10 nation aio tOn OF 20 Hu'''"'
tine ould 10, on create contiov-Ts' IL Ionei
but bring about IA div ided sentiment among our OWh
peotle which must result very dAsAstrOurV' LUG
preteui reorpa ized State Cover met would have TO
be ahoga ed aud the pe)l le OF portion oI TIE ~"
lett without any goven.u ct whichever such move
uent must at tis time tend 10 weaken The stie"gh "a
the General Government ana ietaFd ING Eesoia'i'" "
the Union
Mr. Richie then produced tie following letter from
Attorn, y.Crner,l Bates, taking ground against the
proposed division:
ArroRSEY-GEygKAL's OFYcE Augu,t IT, 1901.
Hon. A. +. KI1cnrE gvgiaia Conreat,sH W'eoh0s
SlR--Your letter Of tho 9Th inst. WAS received
within this hour aud ~ you asa All imineodte ai"
,ou, OF cure, viii not expect Inc TO 20 elaboraeiy
into the subject
IL have thought a gro4t deal upon the question Of
dividing tie State Of Virginia into two Stalesi ana
since CaIne here, member 81 tire government,
hive covered wi, good mrny and couespouded
with some OF the good If Western NIEiAih ~ re-
gard 10 that matter ~ all this Intercourse my con-
slant and earnest Effort been o. iDpiess upon the
minds of thOfe g-niruen The vast imp0rance-uot 10
sv ueeseit,-in this terrible Cirr ul our hh'ioial
aiiars 10 ahssil fIom the introduction of any new
elements Of rev Luton to avoid, ~ far as possible I'll
and original tfeor e. of government but, on The
contrary il I'll the in-uTscnt common weahs 10 Id-
here as clo,ely as circumstances WI allow, TO tie
old constitutional STANDARD Of princ e and 10 the
tr,dlti0uGl halis aud thou gs OF TIE people. And
Till think that c0urse Is dictated by tie ined teach
ings Of prudence.
tThe formation Of new State out Of Western vir.
cinii is an oTiusl independent act Of revolution
DO not deny The power Of revolution Il do rot call
right for il l. never prescribed, II e&s- IA force only,
AID has and have no law bot the viii Of The revo-
lniioti.ts. ANY nitemt 10 carry II out involves q
tI..in breach OF both the COnsHuiio 81 Nirpina
a, Of the ntion And hence t r. lam thai yon cam
not tax. such course without weakening, II not de-
st-,Nitg Your claims uVOu the ynpathy aud support
or tLe Gene, Governu. Mt; and withou di-conCe citing
the plan ALREADY hdoI ted both 10y Nirgl IA and the
Gene al Government for tile reorganization oi the
r, oltrd States ud the Trttoraiiou OF tie integrity OF
NJ q Union. That plan understand 10 be THIS: When
n state by $ reverted tunciouaries las declared
,el out Of the ULun, we avail our elvc. OF all the
,ouud aud loyal clemens Of the S'aie-aI VITO own
ai ne. TO and claim protection OF tie Constitution,
10 form State Government IA ueaIIy ar may be upon
tie form IN d., l. and claiming To be the very State
which la. cen H. art Overthfown by toe suc,o.sul
re- ellion. IT, his wVy estabi-h constitutional
narl-us ar m wci all the shattered elements Of ihe
Commonwealth may eet and cumLir ~, and thus IT.
store tue ID Stat, in irr on Il al lnie-rly.
"Tiis, verify thought, WAS the plan adopted ~
W O. ling and fcc, ile1 ard acted on by tie Gen
etfl t,o,,rnuent bc,e. Your Convection annnll-d
tie revolutionary proceedings ut Richmond, both IN
I e Convex ton aud tie General Assembly, and your
new C;o,on,r formally demanded OF The Precedent the
tnitlruent 81 the consttu. na guinrty H. favor Of
Nifuti-Nir-i uia ~ known Ia oGr hlbefs ard "a rs.
The rr,.idrht admitted the obligation, and rrmited
IL hest Efforts TO fulhll IL. Ard the Senate admitted
your Senator not Ieprcseni"g new aud nsnieiess
STATE now for the tst lie heard OF ~ our history,
bur as fepre-.uu the good old 'mmonwe'th.
Mnst all this be- un"Oue, aud new and haZ rdous
exuerin.nt he yentnfed upor, 1t the moment when
dan. era and diff NJ les are thick ming around M
Iou. u,a-lor the rake of the IaOn and the state,
lo' not | bad eloiced ~ the movement In Western
virginia a. a l-ga, coIftIiutiOnal, and safe refuge
ffom revolution ana auarchy-as a on, an eAanl le
m t instrument for the restoration Of all tie revoked
States.
81 have not time row to di.cuss the subject in it,
yarious bearings. What | nave written i written
with runhi0g pen, aud will need your charitable
crici m.
"If bad time to think could give rer-uasive
rea.nn, for declining the attempt 10 create State
AZ this perilou- tiue. At another tine j might be
willing L. 10 fully into tie question, but now can
~ I. no., ,s,,.c,fplIy ,our obedispt servant.