Daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1859-1865, 1863-03-19
Some Objections to the New
s State Considered.
.[coNCtYp9Ep.l
, az Ps9pls of w. HTEraIiIniia :


10 the People of Wests KIrgiiniq:
Let us recur to the 4line of argument
from which We have somewhat diVerped.
to examine the last objection stated, and
the only renaining one that seems to merit
examination: ltis, that under the opera
tloDs of this emancipation West Virginia
| is to be overrup With free negroes. This
| is very. effective objection, because there
lis deep and universal prejudice against
this class of persons. We are told that if
we accept this Constitution :as now amend:
ed. our territory, win become the asylum
of this stlnnfortunate hut undesirable class
of populations and in some quarters it is
asserted that elhlsaWasthe design of North.
ern men in Congress who insisted on strik-
ing out the prohibitory article of the Con-
.stitution. The only weak place about this
lassertion,is that it is not true. We have
already stated the amendment in explicit
terms. Any one who is not quite clear as
to its effect can turn back and examine the
statement. The prohibition was stricken
out, and for the renson there named but
all its force existed in the very next sec
ton, which was NOT strickenlo1t.T Section
of article XI. provides that such parts
of the common Law and of the laws of the
State of Virginia as are in force within
the boundaries of the State of West Vir-
ginia when this Constitution goes into op-
GRAFTON, and Rre not repugnant thereto,
shall be and continue the law of this State
until altered or repealed by the Legisla-
tnre." The laws Of Virginia in regard to
free negroes are thus put in force in th e.
new State. What nre they?
In section 80 of chapter 1913 of the Code
it is provided that "no free negro shall mi
gytate t't tnto th1st'otate.N Section 81 of the
same cuapter PFdVides that any person
c't"y"'y lree negro INTO the State shall be
hueu anu imprisoned. Ihey shalt not
come ONE. 10 tney snail not be brought in.
oectloh OF c9aPter Ao4 OF the same de-
clares that no free negro over 81 years of
age sna1l remain IN the State without law
lGl 5Permlsslon-that permission being
y. wna!SSer ever me Legislature sees ft to make
IT, 1hey shaIl not come in; they shall
not De brought ln; and those already here
snail not remain beyond certain age, ex-
cePt upon PERMISSION, which would not, of
course, DC granted If we were to suffer
from their presence. Finally, the same
section and chapter as first quoted pre-
scrIbes severe punishment for violations of
these laws. Any one can turn to it and
read for himself,
That is what we would call a tolerably
strong antlrtree. negro law. Uuder It's ops
eratlon IN the old State we have contrlved
to get Hiong without being seriously over
rnn oy thls Popuianon. Certainly we
ought 10 De aole 10 DO as much under its
oPeratlon IN the new 9tate. unuer the old,
the negro nopulation could be increased by
the importation OF slaves: Under the new
TINS too IS forbidden. There can be no
increase OF the element amongst US but
that growing out OF naturaiEcauses which
legislation cannot reach. Then how are
these apprehenstons to be accounted for
Only upon the suPposiuou that these gem
tlemen expect tremendous natural in
crease. 1t cannot be supposed that they
nave any Suthclent grounds for the anticip-
alton. 9,1ksE 7szl
In some quaSters unscrupulous men have
the hard1nood to telllthe people this law is
not put IN force because it is "repuguant"
to the Constitution. There could scarcely.
be more untruthtul assertion. How re-
lpugnapR The Coustltutiou of a State to the
extent it gees is oulysa restriction on the
powers OF the peoplesTlf-it is silent on any
/ subject the.powersr rests with them to beck.
erclsed through hleglslaliVeagenls. How else
could t oet Where there is no restriction
6y the Vonstltutton, the legislature has un-
limited sPower assthe Representative We sof4the
people. I9e-Tth section ot-Art. NJ having
been stricken out, the Constitution is ut
terly silent IN regard to free negroes, and
ttoiloWs necessarily, logically and legally
that the entire control OF the matter rests
With the Legislature. It's therefore tmpossi-
BILE that any law II conid enact nthatregnrd
could be repugnant to the Constitution for
there IS nothing for 1T to come in conflict
WIN. ne man VINO cogta. make such an
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