Daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1859-1865, 1862-05-08

right OF tine Legislature 10 give
Conditional Consent.
Eeffors Lntelligenetr:
would remind the members of the Leg
islature about to convene, andfthe people,
of the resolutions drawn up and presented
to the Convention on the 10th day of Febru-
airy last. The first resolution reads thus;
''ReSoiVsd, as the opinion of this Com
VentiOn, That, if the Legislature of Viz
GINA shall, at its present session, pass
an act giving the consent of the Legisla.
ture to the formation aud erection of the
proposed new State within the present jur-
isdtction of the Stateof Virginia, but. sus-
pending the operation of the said act until the
Governor of The said State shall, by proclaim
alton, declare that The people residing sVithil
the limits of the prOpOSed HelE State haze
adopted the Constitution, to be proposed by
the Convention in the manner therein set
forth, such consent loONld, nPOD tha tssuing
Of tie said proclamation, be to all inteHts
and purposes, the consent of the Legislature
rsuuired by The Sd Sec, Of the Art. Of the
Constitution of the United STATES
The Legislature is here asked as it was
about adiourning, and ten days before the
Constitution was finished, TO give its con-
sent to the proposed division, but that con-
sent was to have depended upon the hap.
FirSt, that the Convention should COM
plete constitution to be submitted to the
people, and second, that the people should
adopt the same, aud the result Of their vote
be proclaimed by the Governor, and still
this consent in the sense of that resolution
wOnld be, 'tO all iutents and purposes
such consent as the Federal Constitution
requires.
agree with the resolution that such
consent would satisfy the clause in the
Federal Constitution, but not the 9th Sec
ton of the ordinance of the Convention,
passed the goth of August last, for that
requires that the result of the peoples uote
upon the Constitution, it in favor of it, shall
be laid before the Legislature, thereby
clearly implying that the Legislature
should not act upon the question until the
people should have expressed their sense
upon it. 1t was for the reason that the re-
solution violated this provision OF the or
dinance that voted against it; and for the
same reason, if l have been rightly inform
ed the Legislature refused thus prematurely
TO give its consent and not for the reason
that it would not satisfy the letter and
spirit of the Federal Constitution. Mr.,
Ruffner moved an amendment which was
agreed to, not efecting however, the sub
stance of the resolution, and it then passed
the Convention by vote of 80 to I, the
following named members voting in its ia
vor
John Hall, (President,J Brown, of Pres.
ton; BrumfeId, BattelIe, Caldwell, Carska.
don, Cook, Dering, Dilley, Dolly, Hansley
Hall, of Marion; Raymond, Hubs, Hervey
Hager, Hoback, Irving, Lamb, Lauck, Ma
hon, O'Brien, Parsons, Powell, PomtoY
Rutfner, Ryan, Siusel, Simmons, Steven.
son, of Wood; Stewart, of Writ; Stuart, o
Doddrigei Sheets, Sopcr, Smith, Taylor
Van Wrinkle, Warden, Wilson. 3EIl
Now the members Of the Convention
who voted in favor of this resolution, will
not, I trnst, object to the Legislature nov
having the right under the Federal COnStitW
ton to give its consent on the terms nov
proposed, which is, in substance, simply
this: For the Legislature to give its con
sent-to take effect as soon as the qualified
voters of the proposed state, shall, by thei
ratification, make the gradual emauciPa
tion clause (QS proposed aud Defined par
of the Constitution. Congress will, a
once, endorse the same, as it secures, will
mathematical certainty, a free State
If the people afterwards comply with th
condition and ratify the clause Ito be sub
mitted as the Governor shall prOvide) thC
new State becomes to all intents and Purpo
SEES formed and erected and a member of tn
Federal Union. But if the people shall fai
to add the clause to their Consultation bJ
ratifyiug the same then the consent both o
the Legislature and of Congress goes 70
nothing and the State of Virginia remain
unchanged, except the ruins of rebellion il
tho East, aud the disgrace of most stu
| PendOus farce played ont in the West.
None of the objections exist now to the
Legislatures adopting the course proposed
which existed last Winter Then the char.
acter and nature of the Constitution to b,
assented to were in great measure un.
known, as the instrument had not beer
completed or publised, except by piec,
meals in the Daily Press, and that is still
subject to revision by the Convention.
Now. the instrument with the proposed
addition is definite, certain, incapable o
future change and understood by all: Til,
Legislature now sees exactly what it la!
to consent to, and what is the earnest and
express desire of the people to have don,
in the premises. For the people hay,
spoken as emphatically in favor Of the ad
ditioual clause as of the Constellation
They icGnt the tIrO combined. The Lcgisla
ture was urged to act thus yremdtureiy las
winter, for the sake ofavoiding the expensr
of having to be convened over again. Thu
same body is now urged to act upon full
knowledge and understanding of the Who'll,
matter, including the wish Of the people
the President and Congress, so cmphati
cally expressed, for the sake of avoiding
the expense of converting both the Conven,
vention and Legislature again, the totA Hos
of the new State, and the immense amour
of time, labor and money which have BEEF
| expended about it. G. Parker.
GGyGndohe, Nay lst, 1862.