Daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1859-1865, 1861-07-25


~. something We have no authority to do.
But suppose we had, the ConstitH1"a says
we must have the consent ct inc LeB,s!a-
ture to establish this new state tnat We
must obey provision OF the Oo1'S',tut.0n
of the United States; th"t we mus li "".'
( tEe consent of Congress and OF tue hesiS-
ist,rs befnre we can erect new State,
out of mart of the old ono. suppose VIZ
saw to them, they may form new state
according to this bill The bill says tn"t
after we act here, the Convention may "I'eF
that boundary at their pleasure. suppose
Y they do alter il. Then our consent zWo"'V
| be to the formation of no particular new
State. but n new Suite to be formed some
| where inside of the State of virginia.
without stint or limit whatever. is th"t
such leave as the Constitution OF the
! united States contemplatss the Leglsl"tuVe
| shall give to the formation OF q new stare
| l think not, sir. When that Constitution
saws the Legislature may give consent 10
| The formation of new State inside Of an
lola one, it means that that Legislature
| qbaIls know the fixed boundaries of that
State when it gives that consent. What
would the consent Of Congress be to es-
thblish a new State inside OF Vl:Einlh'
without establishing any boundaries o"t
saving you may torn IL new state out Oh
certain counties, aud enlarge as you please
IWhy, sirs. that would no: tie within tue
snirit and intention of the trainers OF the
! Constitution but when that authority 10
| plvcu by TINT instrument to Congress 10
give its assent, and to the Legislature 70
! give its assent, it means that thls may
| shall know the de6nite and fixed houud'I--
ries of that State when you DO give cou
sent. Otherwise, they are not giving their
! Of State of
any particular portion of territory. Hence,
| the consent is not such AS the Constitution
contempntes. That is sliding scaieot CIV
! ing consent for the formation of "a State,
and | think is in violation Of the spirit OF
the Constitution itself We cannot give
our consent on Il sliding scale. as the Eng
lish corn markets run, up and down hs
circumstances may require; but when we
give our consent it must be for the formal
| lion of IL particular State. We must de-
| fine the boundaries or else it i not the
consent contemplated by the COnstltuuon,
or within its irit. Then the whole hill
of INV friend from Lewis amounts to n"th-
ing only n kind of recon nendAtlon To the
| Convention 10 take some action on tue
| subject, As we are part of the same Con.
vention, if they have mny authority to act
at all they can act without US. 1t we were
| treSDef from Tue pcDplS AuNh AHSI '%@N' 49,
were distinct body, xe could come up
! from the people and Instruct them. advise
them and request them to do ceriHin acts.
but we" are part of the same Conven-
ton, and we have no more authority
upon che subject than they have here in
this body at this time. In this shape it
seems to me TO be doing 81 thing wholly
unnecessary to say the very lenst Of it /;
and yrenre trying 10 confer authority upon
! IL Convention which we have II" right to
confer Ifthey have that authority thcyhave
it without our consent; it they i!lve not we
cannot hestoH it upon them. hope may
be understood in regard to this consent Of
the Legislature. lfit i$intended now to form
u new State with the consent that this hill
prnposes, it is unconstitutional, because it
fixes no boundaries, but says to the con-
| vention that they shall enlarge and change
its boundaries. If they do it. it would Ger
tainly be necessary for the Legislature to
Lake action again on the subject. and give
their consent to the formation of the State
as proposed Because any other consent
by the Legislature is not the consent with
in the spirit Of the Constitution.
/ The substitute OF the gentlemrn from
WeIz i in the spirit believe could vote for.
There is ,Spnrtion of it, though the LATTER
part-I think should be struck "nt; and !
would make that motion. that 1t ne amen
dnd by striking out all after the word Leg
isature in that last line. mike that
motion.
Dir. PonTER-1 submit to the gentIeaa'n
from Tyler that it is not in order ut pres
eut 1t is an amendment to an amendment
TO an ameudment--goes too far down.
THE CAAIR-The question is upon the
adoption of the substitute of the gentleman
from Wetzel for the substitute OF the
gentleman from Upshur.
Mr. YAXCs-I rise, sir, for the purpose
of mo:ing an indefinite postponement OF
this whole matter. 1t is we'll known that
I belong to that party known rs the mme.
date division party in this body, but
see the introduction of the bill will require
another day to be devoted to it, and the
Legislature has already determined 10
adjourn tomorrow. This bill is cHlcula-
ted to protrnct discussion, and if we Stay
here till we consider this bill to its per-
lection, we will not get away for two
weeks. That is evident. move an in
definite postponcment of the whole matter
and believe that motion is not hebatnble
That is call for the previous question.
TUE CHAIR-The gentleman Can make
either motion, but his motion is double
, 1t is moved 10y the gentleman from Hhrri-
. son to indefinitely postpone the further
+ consideration of the bill and substitute.
GcOHTINuED Tomorrow.
] S-.