Daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1859-1865, 1862-03-17
What powers win the Legislature
have over che new state when u

COHNGNGAt
Editors Iamlhgenerr:
) This question, in the present posture Of
things, has heen one of vital importance to
the success of the new State. Our expert
ence with men has taught us when their
acts and professions differ. to take the
former as the surer index of their real in.
tentions. This rule CONSTANTS us to be-
lteve that many mOmbers Of the ConTen-
ton, Notwithstanding their talk, do not
desire new State; but prefer that the Old
Dominion remain as it is. Others desire a
new State, provided il shall extend to the
blue Ridge and embrace about 60. 600
slaves enough to secure the perpetuity of
ahis Institution in its former vigor. Nor
are We alone In this conclusion; the public
generally concur With US.
II Is the right Of the people that all rep
resentatiEc men should be .'unmasked"
CostWhat itInay. The times are too event.
iui and severe TO Indulge in play acting /;
and individuals however high they may
have stood heretofore must expect TO fall,
II they are not what they profess, aud
stand in the way of the people, who are
about to take the reins into their own
hands. And the saddest of NIL is that
majority OF the FIVE special Commissioners
TO whom the. Convention Entrusted SO
much, is7believed to be of this class. With
the loyal people then, the success Of the
new State rests, IL they have nerve and
courage enough 10 carry the measure
through in spite of their former leaders We
shall have new State and that free one
otherwise, not. II was with this conuec-
tion that We proposed in former number
the necessity of the people giving to their
Senators and Delegates both to the Con-
reniion and Legislature explicit iustrac-
tons which will at once test the sincerity
OF the Representatives aud whoever OBJ
jects or opposes such instructions being
given, or refuses to obey them afterwards,
the People may safely set down as among
tue class we have Indicated. We sneak
thus plainly, because the occasion aud the
greatness of the stake demand il.
Whatever difference of opinion NAV
have formerly existed, we take il now TO
be conceded by all that the Convention,
which assembled at Wheeling on the llth
OF June last, and the Legislature that was
elected and assembled, By its order, at the
same place on the LIST of July following,
represented, legally and constitutionalIy,
Az the loyal people of the State OF Virgiu-
IA, the subject matter proposed TO be d.
vided; aud that the Convention WHICH As.
semoled NJ Wheeling on the 26ih of No.
yember last, represented cons,itutiopsllv
aud legally only a .fnaetIoR of that Gekols-
that is, the loyal people residing within
the original thirty-uiue counties which
were included absolutely in the proposed
new State, and the counties of Hampshire
and Hardy, which had complied with the
conditions prescribed hy the ordinance OF
the hrst named Convention, passed the Goth
OF August lASt-mAking forty-one couu-
ties. That ordinance ordered the last
named Convention, aud prescribed spe.
eiheally It's powers and duties, Wig: stTo
form Constitution for the government oil
the proposed new Stater-that is, for the
torty-One counties, and no more. By this
ordinance the last named Convention wa:
absolutely bound. 1t had no power, of it.
self TO extend the bounds one inch beyond
the torty-One counties. All that has beer
done by that Convention in relation to in.
Guiding the counties of McnoWell, Mercer
Monroe, Greenbrier aud POcahontas. ab.
solutely; or Pendietou, Hardy. Hampshina
Morgan, Berkly, jefferson and Frederick,
couditoually, flor Hardy and Hampshire
elected TO take this POsiIion,l is nothing
more than an expression of the wish of the
Convention 10 the Legislature and has nc
other force. The Legislature represents
IN subordinate Capacity, the loyaI peo.
PIE OF al Virginia, and the question arises
eau this Legislature change the boundsr-
les There is = Vegy serious doubt in opr
minds whether any body short Of a Con.
yentloa representing the lrhoie people of
Virginia, in their sovereign capacify has
the power to change them under the pres-
eat order OF things 1t is true thar the Sd
Section Of the Ith Article Of the Constitu.
ton requires only the consent of the Leg.
stature Of the State proposed to be divid-
/ new State within The bounds of an old
one. Yet, As the Convention which as
sembled on the llth of Sune last represent
Ell all the loyal people Of Virgins, in whom
was vested the sovereign power, and re-
presenting the people in their sovereign
capacity, restored and re-OTganisei The
government by causing TO be convened on
The lstof July Legislature; aud At the
| same session, and in the exercise of the
same sovereign power, passed the ordi-
nance Of The goth % August last, consent
lug 10 a division, and establishing the
boundaries, without delegaing 10 tia,
Legislature any power to change them. is
1t competent for the Legislature, whose
powers must be taken 20 be subordinate
the powers of such a Convection, EoE to
change them Certainly not, unless the
powers Of the Legislature are superior Ia
! S+@e@t1 SAA1 G1G pONGIS o. 4QcA q
iConyenuon, unless the Creature is superior
to or eo-ordinate with, the powers of lhe
/ creator, (which cannot be- Nor can the
tact that the Federal Consultation Eihonrh
the supreme Law Of The land within he
scope Of It's PoEers) makes the consent Of
Tie Legislature su6eient to sneh new
State within the bouads of the old one.
change the relative powers of the two bo-
/ dleS, Al least 50 far IS the people of Vir-
gina and The liking of the boundaries are
concerned As ito these, the people have
spoken IN their Sovereign capacity, aad
the Legislature and all other inferiors
mast obey Ia order, however, to con
form 10 the letter Of The Constitution. nd
esResially TO the requirements of The sth
Section Of The Ordnance passed On The
1VSh day Of August last, the Legislature
should Be convened, and Eise its consent
TO said division, cOatoruably q The ho5r,3s
( 6xed bv said ordnance rJsi1 s;y,, 49,