Daily Democrat and news. [volume] (Davenport, Iowa) 1859-1864, 1863-01-16
SJiTUTIaNALITY or THE
ACc OF ADMITTING IVES n ERA
VIRGINIA.

Though the bill admitting Western
Virginia into the Unioa has passed
both houses OF Congress and received
the signature OF the President, the
careful thinking people who read the
Constitution and believe in lis teachings
are none the more satisfied that this act
was in accordance with the provisions
of that documen. than they were before.
1t is a mystery TO intelligent minds how
such step could, " any legislative ho-
Gus pocus, be tortured iuto lega.
measure, coming, as !, daea. lally AMI
squarely in conflict with one 81 tie
plainest sections o. The Constitution.
Nor docs il seem that the egal ad-
wiser Of President Llncolns Cabinet
could find any authority FOR such step.
In letter from Attorney General Bates
TO Mr. A. I. Eicbie. a member Of the
Constitutional Convention at Wheeling,
dated August l-th, 1852, We fad the
following opinion which s undoubtedly
correct view OF lie case.
"Ihe formation Of new State ont oil
Western ligials, is an ortg,nQi, taR
lprtadsaf des Of reroiu.ion. DO not
deny the power OF revolution, Il do not
ea!i i night. 'or i il never prescribe +
aud can have no law but the " 4 Of the
revo.atlonists) -lay attempt 10 CARR
II on 'ncofeesa plain breach OF both
or ne Consultations or lfr.,y.3a a4,a
q t'e nation, and hence i, is plan thai
yon cAnoot take such a course without
weakening II not destto ing you, claim
upon the sympathy aud support Of the
general government and without dis.
connecting The plsn already adopted by
both Virginia and the general govern
meni ior the reorganization OF tho r.
Sai.ed ; ates All the restoration u Il.
Inop.
~. IS tie language OF 10 ordinary
man /. - from that person whom y 4 :.
DINER, was selected OH a:r mt AZ L.
Alsh legs attainment. % s.aaI IN The
'al aet Of tie ns.tsn " t.o e.p5undyr
g iAe Ass. |: Is tue ;6s:l. leqa.rea
TO superior in.e.Iss: to 3ecle a. the
Attorney 99acra leale3 in the above
ezra sndtbe only importance that we
at'sea 70 Z h; a''. il That +, came direct
4 ifoln tie Cabinet Caambcr
An1 las ABBOTT j, tie sanction
q tie Adn'uis.ra, On III the nation
Il j. az exposition Of the lgh. in which
'ae matter was regarded at that ,ine
" haie'eI change may have been made
N 'he plans slnded to, there b.. eeen
20 chsnge ID cltler Of the constitptio,.
taai OF the State OF Virginia dtb,, .,
Tue na'ion-consequeutly the measure
."A' would have violated them IN Aug
4ool' would also violate them in Doc
! so-' when tie bill passed admi,,ir.
western Virginia into the Union ).
separate and distinct from the res, .,
lie State, none Of which was ever ON,
OF tue mon. AS we'll NIGH, ,ho, nor,
"on OF Penn, ylvania lying YVES, OF the
A'senahy mountains apply 70 Congress
'o' az mission as a separate State, and
Is wei might Congress graut the request
aoa me President sanction il, The
power Of STATE to secedc is no, ",
admitted therefore Virginia i a. n.nch
~ 'he tnlou to dav as she ever was
as much portion OF tho Union 80 i
Inc State OF Iowa or MARYLAND a.
amount OF pettlfogging on the part OF
rue president can change the aspect o,
anairs IN this matter. 1t ia ,l.;r
D'each OF the Constitution "A mos.
dangerous precedent, the evils OF which
VIII eventually result in much ,ribnla.
ton.
80