, 1862-12-31
THE CASE OF WEST T1R.
GINA,
Opinion of Attorney General
HSHtR@.

It is understood that the President, in his
action upon the bill now in his hands, for the
admissi IN Of West Virgins as a separate
State, will be guided mainly by the question
of the canstitutionality of the measure, as in
dicated by the Attorney General. MI. Bates
has already given his opinion in the case. It
Was written il reply to i question OF MEM
ber Of the West Virginia convention, in ses-
sioh at Wheeling, year and q half ago. BE
puts the case clearly and forcibly, and it will
State, at this period of time. It Is probable,
under these circumstances, that the President
will veto the bill
ATTORNEY GENERALS OFFICE,
August Il, 1852.
Bon, T. Richie, Virginia Convention. Wheeling:
s1R:-Yonr letter Of the sth inst. was re-
ceived within this hour, and as you ask au
immediate answer, you, of course, will not
expect me to 60 elabofately into the subject.
have thought great deal upon the ques-
ton Of Dividing the State Of Virginia into
two States; and since came here, as q mem
ber Of the government, have eonyeTsed with
Z good many, and eorresponded with some, Of
the good men Of Western Virginia in regard
to that matter. In all this intercourse, my
constant and earnest effort has been to i'm
press upon the minds Of those gentlemen the
vast tmportance-net to say necessity-in
abstain from the introduction Of any new ele-
ments Of revolution, to nvoid, as far as posi-
BILE ell new and original theories Of govern
meut; but, on the contrary, IN all the insur-
gent commonWealths to adhere, az closely as
circumstances viii allow, to the old constitu-
tional habits and thought Of the people. And
still think that course is dictated BY the
pfaine6t teachings Of prudence,
The formation Of q new State ont Of West
ern Virginia Is an original, independent act
of revolution. I do not deny the power Of
4o ~ ~ f1.. ! g.
never prescribed, it exists In force only. and
has and can have no law but the will Of the
revolutionigts.} Any attempt to carry it ont
| involves pfain breech Of both the constitu-
tions-of Virginia and the nation And hence
| it is plain that you cannot take that course
| without weakening, If not destroying, your
claims upon the sympathy and support of the
general government; and without discencert-
| ing the plan already adopted both by Virginia
and the general government, for the reorgan-
ization Of the reVolted States, and the resto-
| rstion Of the integrity Of the Union. That
| by its perverted fanctionafies, has declared
itself cut Of the Union, we avail ourselves Of
| all the sound and loyal clements Of the State
-all who own allegiance to sud claim protec-
ton Of the Consdtp :, to form State gov
erument as nearly - may be, upon the former
| model, and claiming to be the very State
| which has been. in part, oyerthrown BY the
successful rebellion In this way we establish
a constitutional nucleus around which all the
shattered elements Of the Commonwealth
may meet and combine, and thus restore the
old State to its original integrity.
This, I verify thought, was the plan adopt,
cd at Wheeling, aud recognized and acted
upon by the general government here. You.
convention annulled the revolutionary pro
ceedings at Richmond, both in the conven
eznor formally demanded Of the President
the ful1ument Of the constitutional guaran
to our fathers and e us. Tie Fresident sd
I mitted the obligation, and promised bes
efforts to faldu it; and the Senate adn.ittet
nameless State, now for the first time heart
Of in our history, but as representing 18th
good old commonwealth
Must an this be undone, and a new and Iaaz
a1deus experiment be ventu1ed upon, Ut th
moment when dangers and difficulties ar
sake Of the nation and the State, I hope moi
I had EeSoiced in the movement in Wfester
| Virginia, as a legal, constitutional and sat
refuge from revolution snd anarchy-as a
/ once an example and tit instrument for th
} restoration Of all the revolted States.
/ hare not time now to discuse the subiet
, | in its razious bearings What have write
ia written with Running pen, and will nee
your charitable criticism.
II I had time, think could give .persu'
si1e reasons for declining the sttempt to CT
ate new State ut thia periIoue time: At a
other time, might be wi11ing to 70 fully Ind
: the question, but now csn say no more.
Most respectfully, your obedient serFsut,
:. Epw. HLrKs.
# Among come readable femfniseenc.
of the past, which we find In the Newbut
port Herald, alluaion being made to br1gl
/ steel buttona, the writer goes On to s.
"these were then the fashlon; made 70 by Il
= Prince Of Wales (atterward George ~, VT
wore them at his evening parties, as th'
helped him 9for r. as 4saa hsd goed ken % %eyes}
= make his bets accordingly. tthis be: did Il
" the discovery vas made BY Lord Ponsonb
Z who ripped open bis eeat, saying, 'sIear
9 | stand TIC, It Is 80 internally hot hera." II
t. fashion changed soon afteF, at the Pagoda
:, Brighton, but was followed IN ali parts Of
world IN happy. 8neenscionsneas that brig
q -. lad etfkar 6fttaaS5a