Daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1859-1865, 1863-01-03

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loxtr0ot from tho SPesch OF Hon: II
ON the 9th inst, In favor OF Admit.
ing West VirglnIa into the Union.
This is an application to admit n new
State into the Union. 1t is composed oi
the territory embraced within the limits
OF torty-eight counties named in the bill.
and known to the geography of the
country. 1t comes with Constitution
undenlably republican in form What
objection then to its. admission? The
most obvious, and indeed the onIys one
seriously urged, is that it is already a
part of the Union, constituting portion
of the State of Virginia. ~ 80
The reply to that objection is that the
Legislature of the State of Virginia. as
the requirement. of the Constitution is,
has assented to the proposed division Of
I the State, to the separation of these
torty-eight counties from its ancient
limits, and to their admission as a new
State into the Union. d
That an old State may be divided has
been settled by noto one case alone, but
by several since the commencement Of
our Government and the formation of its
Constitution, need only instances the
division of North Carolina. BY the separa-
tIon of Tennessee, the division of Massa.
chusetts BY the separation of Maine, and
the division of Virginia, herself by the
separation of Kentucky. l-r
But it is urged that tho Legislature of
! Virginia which has given its consent to
the separation is, not the Legislature of
the State of Virginia in fact or in law. /
shall not argue that question at much
length. should hesitate to do it in op-
position to the very high and venerable
authority which has nddEessedsns upon
4 the other side,Of the question from TINT
to which my mind is inclined, were it
now presented for the first time. At the
last session, had occasion to discuss this
very point at some length upon the pro.
position to admit the member from the
Accomac district Of Virginia to seat
upon this floor. II / mistake not NV
venerable friend from Kentucky INF.
Crittendenl stood side by side with me
upon that occasion. l rccollect then. in
order to maintain the position then nssu-
med by those in favor of according to the
claimant his seat, it was deemed necessary
to sustain the present Wheeling govern.
ment of Virginia as the regular legal ior
constitutional government of that State.
But We are told now that the actual
Legislature of the State of Virginia is in
Richmond. Can itbe TINT State shall
have two Governors ut tho same time. or
that there shall be two Legislatures going
ultaneously and cutemporaneouslv 3
with each other in the same State. both
to be recognized by the General Govern
ment2 suppose that will hardly be
conteuded. The question, then, is: Both
OF these Governors and both of these
Legislatures protesting to. represent the
State, which shall the Government of the
United States recognize as the true and
lawful Legislature of Virginia.? That is
the question and it is. one which, as has
been well said, has been settled in every
department Of the Governments; Which
we ourselves have twice settled in the
admission of two members upon this floor
coming accredited from the Governor al
4 Wheeling. 5.,Ifs-, s5ss 80 =
But it is intimated by the gentlem an
from Massachusetts that a majority of the
Legislature which voted for the separation
OF the State wAs composed OF people resid-
log within the portion to be cut off. Let
me put case suppose it were proposed to
divide the State of PenusS Slyania, and The
partwhichiis sought to be erected into a
new State Is theiwesterD portion, and by
chance little the larger portion. and "a
entitled to majority of the members n
the Legislature; suppose that majority
should vote for separation, while the
4 representatives. from the other part ofithe
State voted against it, would that affect
the constitutional question" whether The
Legislature had given its consent7 The
fact might affect our minds, as a. question
of expediency, whether with snch a con-
sent as that we ought to ratify the action
and admit the part cut off as a new State.
Aud II gentlemen think there is anything
IN the. superstition that n majority Of the
Legislature of Virginia which gave its as.
sent IN this instance came from tina; por-
tlon of the State proposed to be converted
into a new State, let him Have the benefit
OF 1t ass 3 question of expediency, but moi
/ as constitutional question, .s7iF 4
4 L do not propose to atguethat point anv
further. Butitis said it was Ia view
of that position that I sought the fiOOt- Ito to
make few remarks-that Virginia ia ont
Of the Union, that she is a foreign country;
N state OF war with us, and not capable
OF giving any assent or consent. in The
premises. That involves a Tery seriorIs nd
Important consideration. 1t involves no
less than the questiousOf the right Of a.
ee!sion, and the legal effect Of Tbat ws
Gs!t secession. Every seceesionist says that
virginia isiout of the Union, W6other he
comes from the State of Kansas. Of, ,frn1o
the State of AfkRnsas. / am moi = soooa
zionist, and I hold that secession Il ijisasi
and nallttyJ that OF itself it amounts ~
simply nothiuE, and that no DOT nHssr 5iS II II
)IEamounts to anything. It i6said that pbysi. !.
teal power may deprive ns Of 7anv ons =,
our thtrty.four States Undod6tedlS thSi