Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1865-11-07

fallen on the wrong one. al Tennessee was
once q part OF North Caroline In f7 20 two:
dHferent lines were run by di6 erent SURVEYORS
f gbetweon Virginia and North Carolina. Ones
State claimed to the one, the other to the 9TH
err. In L 5sJ0 North garolina ceded all that
part OF her territory now Tennessee with this
disputed line to the United States, who by
act OF eongress 1st at Large l09) accepted
the cessiop, After Iennes q become State
I'm S02 the dispute was settled between Vir-
glnla and Tennessee by "a line equi- distant
between the two. In 1893 after this new
+ n slIne.was agreed upon between yirgipia and
tennessee, nm. North sarolf1a passed an act to
authorize the State OF Tennessee with this
new line tosperfect titles to lands within lis
limits, to which Sorth CAROL had reserved
some right, but max ing lit xpressly5 subject
to the ssent of gongTesss lns 1906, 90 at
K Large Gong gave that assent in
terms 50 broad thai the Breme Court, 6
Wheaton, % J. deelared than uurestrictiye.
m Their Operation, sbecause Aotltfng short.
gre efeet q ne lroefs ioRs of he CONS
pnck. 1f this Is the; case alluded to by sMr.
|sS tanton,si is an authority against him. So
sis-thee case of irginia and Is entncky or the
9SuPrenie nies Court is Inistage See Green VS..
Biddle, 9Th Wheaton, S5, ,86 ST. The Court
say 1T was contended BY the counsel for
the tenant that the compact (between Vir-
5gInla andskeutucRy was inYalid in toto be-
cause It was not madesin coniofmity with the
provisions OF. the Constitutioh of the United
States, "This objection Is Snnded upon the
allegation that the compact was made without.
the consent of Congress, contrary to the 10th
section, LIST tarticle of the Gonstitution, which
/ declares that no State shall, without the con-;
! sent of Congress, enter into any agreement
/ or compact with another State The Court
then gives a history iof til 6 action of Con-
gress, and concludes ON thispoint as follows ::
;sIhe terms and conditions then on which
alone the separation could Ftake place, for the
act OF Congress became a Aid one. we're ne ne
tscessariiy sassehted tos not BY a mere tacit
acqnleseenee, but by an express declaration.
of the legislative mind resulting from the
manifest construction of the net itself.". s.
The compact between North Carolina and
Tennessee, fixing the lboundafy line between
them, alsoshad the consent ots Congress, (See
/ Poole VS.. Heeger, II Peters 299, where the
Court cite the constitutional prohibition So
often quoted in this letter, and declare that
the Indispensable consent of Congress has
been given: Curtis, in citin this case in his
Digest, p. 90, says: This jlewer, though Il.
aress, still resides with the several States -
Story in his Commentaries on the Constitu
ton, sections 1402----35, under the chapter en-
titled "Prohibitions on the states, z cnume-
rates "compacts settling the Boundaries be.
tween States -
have not fpaee to- further follow the au-
thorities..
1 Go not care to trouble You with an ex,
animation of the argument af Mr.. Stanton.
I that ,notopl Berkcle J scrs6fi, but llsos
krederick county, is a part of West Virginia,
for thatis new line to which you do not
CLAIM IN this CONTROVERSY. You cIpiplIa line
that includes two of these counties alone. and
it does not establish or controyert that to offer
evidence or arguments in support Of oragainst
another line.. Mr.. Stanton says that / seem
ito have entirely overlooked sec. 10 of art. 4
of the Constitutional West Virginia. which
provides That additional territory may be
admitted into and become part of this State
by the consent of the Legislature 1t is
perfectly clear, therefore. that the convention
which framed the constitution, and the Con-
gress which ratifedsit by admitting the State
into the Union, contemplated the possibility
and probability, that other counties in the old
State would desire to attachthemselves to the
new State"
If Mr.. Stanton claims for this provision the
power to- move the boundary lines whenever
and wherever the State of West Virginia can
obtain leave of an adjacent State so to do
or as the article says, by the consent Of her
own Legislature, merely, and all-without
amy consent of Congress to the specified
change, obtained either before or after it is.
dene, reply that Congress could not thus do.
away with the constitutional prohibition. It
takes two-thirds of Congressman three. .fourths
OF the States toido away with a constitutional
prohibition. The plain common sense con-
struction Of, the clause in the State coIstitu-.
4tlon is, that that instrument has authorized
the Legislature that is, given: it a power
sometimes sdonbted- where not xpressly Civ
aenF-to acquire territory and extend the bork
ders OF the State, but Of course always in the
manner prescribed by the paramount law Of
the land, the Constitution of the United
States 1t isSabsurd to says that Congress
could consent to a line without knowing what
it was, or that the Congress of to-day could
give consent to a line, to be agreed upon in
the future ffty-or ahundred years hence.sin
the presence of a Congress of cur grandchild>-
rem. And it is claimed by DIr. Stanton for
this State, that it has t'is power. when! no
other State in the Union has it. / see as
little reason as constitutional Jaw for giving
to this. State what the fathers deemed It wise
to withhold from all the other States. I did
not suppose that any one would claim for
st,sit gina any iuOFe tnan an equal fOot-s
ing with, the other. States. I cheerfulIy,
award her that. L cannotmore.
I'hope thereswill. be no occasion for troub
ling you with anything further upon this
IsuRJect.S ii. l.. Dawes.
8 How TO ExTRdPoR1zER ERADIsHEs.- RAD
lshes may be grown in a very few days by
the following method: Let some good radish
seed soak kin water for twenty-four hours: then
put IN a bag. and expose it to the sun. In
t'thes course OF, the day termination wiil COM
1nence The seed must be sewn ina we'll