Daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1859-1865, 1862-05-13
IYsr,hsIn.alIIrsseer.I


some Authorities for GIVing Condi
GIOnal CORSont ~ COngEstS and IN
LegiSlatUIFe.
twin be observed that the same wOr
aeOuIentr Is used Ia section Sd, 9Th artlcl
Of the Federal Constitution tand used bu
oner) to prescribe the powers Of both Con
gress and the State Legislature in relation
10 erecting new State out Of "A old one
Aay Interpretation, therefore, which Con
gress has given Of the true import AM
meaning OF this word In this connection 1
direct AutbOrily aS well for State ~ hubss
qusut national Legislatures, and itS RELATIVE
weight would be a. the weight Of the ma
ton when compared with single State
The section reads thus "NeW States MAJ
pe admitted by The Congress into this Unlon
but no new State shall be formed BY The
junction Of one or more States OF parts o.
States without the eoHINl Of the LeRisla,
lures concerned and Of the ConRreSS,'
II the Congress, by virtue Of this clause
has the power to give It's cOnSent condition
ally TO the erection and admission Of GaS
new State, 1t has the power to give the like
consent to the admission Of all, where IL
discretion dictates, whether formed Of Fed
srAl territory OF the territory Of an exist
Ing State.
Congress gave its consent to the cree.
tiOn and admission Of Missouri, March Sd,
1891, on condition iIS Legislature should
thereafter consent TO tho "COmprOmise
measure proposed by Congress. ltS
Legislature having afterwards CONSENTED
and complied with the condition annexed,
its formation and admission became com.
plete aud perfect, Aug. l0Ih, 1871, upon
The announcement Of The facts BY proela-
nation, as the act Of Congress provided
aud without further action BY COugtesS.-
Vol. 3, page 797, Statutes at Large.
CongIvSs consented 10 the erection and
admission Of Michigan upon the express
condition that the State should thereafter
consent to certain boundaries prescribed
By Congress; and the State having amer.
wards assented and complied With the
coalition Its erection aud admission be-
came thereby complete. ID, vol, 8, pa. 80,
UIseonsia was erected and admitted into
the Uaion on condition her qualified 70.
tiers should thereafter consent to Joun.
Diary proposed By Congress: Her qualified
voters having thereafter complied With
tho condition the erection and adnisslOn
Of the State became thereby perfected,
fVol Q, page 233, ID.
So with fora, Congress consented to Its
erection aud admission on eoRdihOR ltS quhl-
lied voters should afterwards consent to a
certain proposition submitted By Congress;
which having been compiled with, che be.
came member OF the Union. Volt o, page
I77, 10. So Congress annexed conditions
to the erection and admission Of fdRSaS.-
These repeated enaCtmeutS during the last
forty yeGrs by CongrsS have established an
Interpretation OF the section, aud the word
'.conSGnt," which no declaration however
boiSterOuSy nor rant aud denuncIatiOn
however bitter, can change. e8n1
Kentucky, Maine and Vermont were the
only States, I think, that have been crea-
ted out Of the existing territory Of other
States and In the case Of Kentucky, Maine
aud Vermont also, II | remember rightly,
the Legislatures OF the mother States an.
nexed conditions; both PIsesisnt and iu5se.
9RtNi, 10 their consent Ia nearly or quite
all the CsssionS Of territory made by any Of
the original thirteen States SInce the
Revolution the grantOrs annexed con.
lItious. The Legislature Of Virginia
annexed among others the condition Of
freedom to the cessiou OF the Northwest
Territory. North Carolina annexed con.
diGions Of another character when she co.
ded Tennessee, and so With Georgia and
other States. t 95 s
A majority Of our present LegisIa .ure,
however, seem to shipk Il Incompatible
with their duties, while representing The
phOls State, to annex uhy condition to the
consent they shall give 10 The erection Of
West Virginia, and some few becauge Il
would be dlisriRq the Constitution, which
the people Of the new State framed and
adopted The mind that can co1fouud,
or view as Identical, proportions 90 To-.
tally unlike, have no desire 10 say any.
thing about; while | admit the Prepriety
and eEpedieHey Of annexiug the condition 70
their consent, az tka time, may be consul.
cred debAlsable question. Aud IL Ihs
Legislature shall feel themselves cOnilrain-
ed to.decide adversely to ahnexihg The
condition proposed, on account Of an
appearance Of improper suggeStion or die.
tatlon It may give (though the very Thing
be desired 6y large nOiority Of our peo.
plel. lSincerely hope, and know Ii 10
the wish Of the people, that the Legisla-
ture shall 80 frame their consent TO tie di.
vision 40 70 permit the people Immediately
interested 10 modify their Consultation aS
they may desire, or aS they may find nee
esSaEy 70 secure the admission Of tue new
State by Congre5s, without having TO re.
sort again TO the Legislature, ThiI eouEle
I believe the Legislature will feel them.
selves justified in adopting, a. it will re.
lieve that body Of further trouble about
the matter, and the people Of expense.
For the uuiform good will, frequent and
important aid the Legislature and Exsou.
tive officers Of Virginia have shown to the
people Of the New State, during their lOpg
and arduouS efforts, know I utter The sen.
limeHt Of our people, no less than ny own
when soy, We are profoundly grStefal.-
And the prompt aud almost unanimous
consent -ihough unconditional, lift mast SO
be-Ofthe Legislature 10 tho proposed di.
vision Is calculated TO deepen that SeDti.
men.. Respectfully, @. PARKER.
Nay 10th, 1862.
r. S.-When the recipient Of DiVlnJ
grace can rightfally aseTibe dietatlOn Ol
improper interference to the power tbs