Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1865-10-07


whenever the people of West Virginia
shall through Convention and by vote
to be taken and an election 10 be held
within the limits Of said State, at such
time as the Convention may provide,
change lis system Of gradual lPto lmme.
diste emancipation, and thai fact shall he
terrified cover The hard Of the President
of the Convention" il shall be lawful for
the President Of lhe United States to is
sue his proclamation stating lhe fact and
then This act (OG sdmissIon) "shalI take
effect and be in force from and after sixty
days from the date of the proclamation.
The changes quireG having been made.
(bul whether as indicated by The Congress
or not. canhol be ssceraned.) the Presl-
dent Of the UnlIed Safes, by his proc
lsmstion Of HE ooh of April, 1868, de-
clared tha, the State would become a
member Of the Union at the expiration Of
sixty days from HE date Of his said proc
iIsmsIion.
The state thus admitted contains, &C.
icording 10 The act OF Congress for It's ad-
mission forly.eight counties, which sre
all enumerated, beginning with Hancock
and ending with Morgan.
The Constitution Of West Virginia IL
self names only forIy.four counties as al
sing The stale, land which we presume
were represented in The convention that
fraued Ibe Constitution Of The slate,) but
by provision OF The ist Arl. of the Con-
sti urIOn olher counties by compliance
with certain conditions therein named
should also become part Of the territory
and be placed under The jurisdiction of the
state of Wcst Virginia. This provision
wlll be referred TO hereafter. After this
brief statement of the origin of the ne"
state, lei US al once approach the examl'
nation Of the interesting question which
has in part brought us together viz to
which of The two States Virginia or West
Virginia, DO we properly and legally be-
long ?
That new States may be created within
The jurisdiction OF old ones, is a PROPOSE
ton about which, we think, llere can be
Ino reasonable doubt. The Constitution
Of the United States. Art. 4, sec. 3, holds
the following language "New states
may b. admitted by the Congress into
lAe Unan; but no new state shall be for.
med or erected within The Jurisdiction OF
any other state; nor any state be formed
by ihe junction of two or more states or
| a. Of Lp
Legislature Of the states concerned,as well
as the Congress. 1t would seem then
under the provision Of the foregoing sec.
ZION Of the Constitution of the United
States ihsre are three parties TO the for
nation Of new state where i, is to be
created within the jurisdiction OF ait old
state, viz the old State; The people Of
The territory Of the proposed new state
and the Congress Of the United States.
Without and until The consent OF all three
of these is given. the proposed organizs-
ton has neither life nor power and. Is
therefore without authority 10 exercise any
Of the functions which belong 10 .sepa
rate and distinct government.
In The case in hand then. where por.
lion of Ihe people of an old state have
sought to form new one although the
corset Of The old state, (Vlrginla) was OBJ
tanned and Constitution was actually
formed and adopted, yet according to ibis
provision of the Constitution Of the UNI.
ted States, the new STALE (Wesl VrenIa)
was not entitled 10 extend It's jurisdiction
over the territory and people proposed to
be embraced by il until an act oi Congress
rslIfying lhe creation OF the new stale was
obtained. Until that lime, there was in
fact mere proposition TO Congress OF
certain number OF people inhabInng Ger
tain territory within the old state of Vrr.
ginia, 10 erect themselves into new state
TO be governed, when Congress should
have ssse1lsd 10 it. by the Constitution
thus adopted and psesenied by them. The
case is perfectly assmlsted TO lie states
Of the Union whose custom II is In Ira
ming their new Constitutions To submit
ihem to vote of The people. The power
OF adopting or rejecting the new COnsttu-
Iiion, in that instance, lies with the people
10 whom il is referred-If adopted II be
comes the organic law of the state from
the time Of iis adoption; bu, if rejected II
is imperative and never was ennlled TO
obedience In the instance Of the organ
Izat;on of a new state within an old one.
the rstifyine power is with Congress, and
the exten, of lbe power is the same.
So that il is m 3nlesl that there was no
STATE of Wesl Virginia al all until Con
gress vitalized il by an exercise of It's
Constitutional power. and sanctioned IT.
crpnlinn Ernm ihal moment and moi un-