Daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1859-1865, 1862-12-23

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Speech or the Hon, J. A. RInGhRm.of
In favor OF the iAIEnissioli or iTVGSt
- Va HIS sMASterly iVIndl8a1IOn or
Ins 1ns 5SoEBanized Governments 7at
Speaker that if the House were to adopt
the position which has been assumed by
some OF the gentlemen Of this body who
have opposed this bill with great earnest
ness, that all seeming and alleged consti-
tntional difficulty to the admission of
this State of West Virginia would vanish
at once. The position, which has more
that once been assumed IN this debate,
that thereis noState there, but that what
was once the State OF. Virginia is now
only a Territory of the United States,
within the limits of q former State organi-
zatiop, relieves this House of all constitu-
tional difficulties upon the question of the
admission of a new State organized
therein; Sir, 1t is too late for any man in
the American Congress TO rise in his
place and say that before the people of
any Territory of the United States can
organize and establish constitution and
torn of government, preparatory to admis-
sioninto the Union as State, an "enabling
acp' of Congress is necessary. There are
too many States represented upon this
floor, and in the Union to-day; which were
organized into States and admitted as
such by Congress without .tha authority
Of anyienabling act, to admit Of any such
position being maiintaiaed ed in. in this House.
If mo- State formed or organized within
the territory of the United States, could
be admitted into the Union without the.
previous authority of an t'enabline act::'
what becomes to-day.Of tha Representa-
tives upon this floor, and upon the floor
of the Senate, from the State of Michigan?
There was no enabling act there. The
people, in the exercise of their inherent
power TO form their own local government,
organized for themselves within that
Territory form of State government. by
the adoption of q written consultation.
semitic the Congress of the United States
for their approval, and which approval
was all that was needfulDto give full and
legal effect to their act ss-ssIss ia,as
The whole question which has been
brought into this debate touching the me-
cessity Of an Hensblipg act' was, upon the
application of Michigan for admission into
the Union as new State, ably discussed
and fully and carefully considered in the
TEenty.F Fourth Congress. There was tirst
on that occasion, If recollect Alright, the
opinion OF the Attorney General that no
such act WAS needful, and which, recited
the precedent of Tennessee, which had been
tadufitted as new State without such an
Henablipg actn1 Theauestion was brought
to the consideration OF the House aud SEN
ate, and after an exhaustive debate direct
vote was taken uPon'it whether the new
State could be organized and admitted into
the Union without . previous "enabling
Rcti"' lf-aay' oneiwill consult the retord
of that vote in the Twenty Fourth Con-
greSS upon the admission Of Michigan, he
| will ind that it was decided by a very
strong majority in favor Of the right of the
lip6opie 20 frame for itbemselVes'a State Cen!
kstitutiop and Government as preparatory to
admission as State into the Union with.
out a previous h'ehabling act" This right
LOT the peoPle-cah no 'motei6e taken from
them by Congress than can the right Of PEI
tiIfou. Il was because this right was in.
herent In the people OF every national ter!
Iritotyl that Michigan was admitted rs q new
State into the Union against the objection
that there was no "enRbling act" .sssi
IT might 20 further ID this connection.
and remark thai in the instance of tha State
OF Michigan, while II was yet Territofy
of the. United States, and beforefadmission
by Congress into the Union asa State, ythe
constitution which lthe people had ado pted
was put Incorporation the people under il
their eourts of justice, and as.
4 s1meds to exeTcise, aud. did exercise, the
highest powers of sovereignty-the powers
i of legislation, Congress, By the ,sct, of ad-
mission, gave effect not only 70. their con-
stitntion hut, by relation, gave legal effect
sud validity to all that had been done by
that people under their new eWleopsiitption.-
| With such precedent unehallenged 70 this
day no further word need be said in sup
port OF the proposition for which ! contend,
THAT the people of any TerritotS ef the Uhi,
Led States may, without an enabling act OF
Congress, frame for themselves eonstiIu.
lltion q nd State gov veFnment, and be there
by. WITH the sohsent Of Congress. admitted
as State into the Union.
WHAT, tlsu, becomes Of The ebjeetiol to
the admissioniu Of the new State of West Vfr-
giuiu5 BkeEuse there Was no enabling act
tn, as the objeetor as6erta, YirRinis- iP1 70
day only Territory 2 4 Why sir, IL Virgin
lia is only q United StAtes Territory, il re-
suIts thSt tts people of that TERRITORY, who
apptY Tor admfssion Into the Union under q
constItution adopted by are ex-
ercIsing ouiI. ts ght5los esision-a right