Dayton daily empire. [volume] (Dayton [Ohio]) 1850-1865, 1862-12-17

leased and ought not TO be relinquished. Say
TO slavery when y shows It's bonds and de-
mands the pound Of Aesh, that if il draws one
drop Of blood its life shall payath0 forfeit"
This comparison Of the Constellation 70 the
bond Of Shylock 10 Shakespeares "Merchhnt
of Venice q boad which Il is meritorious 10
c~ihcclhvent Ne Fofiia circumvented the re-
vengefula and pitiless Jew, is Of 9 piece with the
whole subsequent history Of the Republican
party, which has never from the beginning had
any respect for the Constitution.
That instrument declares art ~, sec. 81
that no new State shall be formed or erected
with tho jurisdiction of any other State; nor
any State be formed by the junction Of two or
more States, or parts of States, without the
consent Of the Legislatures Of the States con
cerned as welIas Of congress" The act admit
ting Western Virginia Is in plain violation Of
this provision Even IL Virginia were q for
eign State, and we held the western part of Il
by military conquest its admission into the
Union before the close Of the war would be
premature and Objectionable, although the
Government has q clear right TO erect new
States in territory acquired by military con-
quest But to treat Virginia as q foreign
State, or q State out of the Union, would be a
concession 10 the Secessionists Of the main
point in controversy. g. isa 1af Sod f.i
1t would be an admission that q State can
take itself out of the Union without the con-
sent, aud against the will, Of the FederalGov-
ernment Virginia, then, being q State In the
Union, her territoTy cannot be divided with
out the consent Of her Legislature. This dif
fculty annot be evaded by assuming that the
Legislature which elected the members of the
Senate who now occupy the Virginia seats is
the Legislature of the whole State. Waving
the arguments by whichthis assumption might
be rebutted, that Legislature, even If il has
legitimate jurisdiction, cannot grant such a
permission. "a State Legislature which con
SCENTS to the formation of q new State, out Of
a part Of its territory, grants away that part
and retains jurisdiction over the rest II the
Legislature which last year sent Senators to
Congress from Western Virginia consents TO
the erection Of new State, what becomes OF
the State which these Senators represent 2
Will these Senators remain to represent the
old State'of Virginia, and two new ones be ad-
mitted to seatsrto represent the new State of
Western Virginia, the whole four being sent
TO Washington by the same identical c~onstitu-
ency, namely, the loyal inhabitants Of that
part Of Virginia west Of the Alleghanies2-
With half the population Of New jersey, will
Western Virginia have double the weight of
New Jersey in the Senate.
II the Legislature which has acted in Yves
tern Virginia for the last year is not the Leg
~islaturs Of the whole State, it clearly cannot
give the requisite consent If it " the Leg
~islature of the State, where is the constituency
1t is hereafter to goyern2 After granting
away Western Virginia where will it hold its
sessions2 If Mr. Garlic should die or resign,
4 T.ou, xwhok .o.4 ac A. GAo4o ill A. ou.1u
ture Of Virginia appoint his successor p
The prohibition Of the Constitution is ex-
plicit: mo new State shall be formed or
erected within the jurisdiction Of any other
State Before the new State can be formed
the Legislature of the old must relinquish
Jurisdiction over the part winch is to
constitute the territory Of the new, retain
ing jurisdiction over the remainder, Just
as Virginia gave up Kentucky retain
ing her present boundaries, before Con
gress admitted Kentucky, and as Massachu-
sets relinquished her Jurisdiction over Maine
and retained her own government in all re-
spects u~nimpaFed The Legislature of Mas
sachusetts had o constituency which it con-
tinued TO represent, q seat Of government
which remained unchanged, abody OF statutes
which were none the less binding than before,
and authority to appoint successors to Its
United States Senators whenever their places
should become vacant Is there any loyal
Legislature Of Virginia, which can relinquish
the Western part of the State, and at the
same time retain the rights, authority, terrific
rial jurisdiction; and federal relations of a
State in the Union2 The idea is absurd; a
filter subject for derision than for serious argu-
ment ton h.iH" CO.'S t.'"
But what is the object of this fragrant viola