The West Virginia journal. [volume] (Charleston, W. Va.) 1864-1877, 1865-11-08
If,rrin1 hi. re.ideue. to some other. State or

Country. ~. a -, - ~,
ilegc Of sitting on juries, eligibility TO nolc T.
State Office and the like, are all exclusive Z
rights or privileges derived, not from not'onat
but from State authority; and can only be Oh
vested or restored by the like authority, ara
10 which alone they are responsible, and,
s" EIghtA.-That the powers and duties Of re
National Government ure entrusted to thres
separate and distinct great departments; tho
incumbents Of which are elected or appointed
directly or indirectly by the people, each act.
ing within itS own proper sphere, and each
exercising its own appropriate powers, and (.
discharging its own duties : Tho Legislative
department to make the laws; the ExecutiyeIoi s
execute aud enforce them and the Judicial
to e3pound and interpret the llysi tbe. pow: 1
crs or each being co.exten.ive with the Unioni
and operating no, upon the State governments,
but directly upon individuals or persons, and
each always responsible TO the people. r1..
The people arc the foundation the consti.
tuition and laws compose the fabric; the Char:
ters Of the States are the .porticoes and inde-
pcnience, liberty md union are the eloWniug
Slories Of the capitol. Behold II In all its fair
aud majestic proportions, and you may well
c1claim with the learned and patriotic coun.
sci, Grand, glorious, perfect model OF 70.
litical Architectural" The longer it endures.
the more permanent it grows. Age serves
but to ircrense i:s proportions, and 70 adorn
and cnnoblc ii. 1t will endure until patriotism
nnd lore Of country ceuse to be public virtues.
Treason, rebellion and war may atsail'it, and
it will full not, for il Is founded rpon
rock = ~,
A reference to the history oflhe proceedings
Of the first two conventions, held ut wheeling
in 1851, may serve to illustrate my riews On
these subjects. ... ..-. :,
The Convention Of June It'll, 1861. was call.
ed by order sf q previous convention which
had met in the preceding May, not for tho
purpose Of rcrolutioni1inS the State, or resist.
ing the enforcement OF the laws, but, upon tue
contrary, for the express purpose OF itcyinS
the revolution tEen raging in. our midst, aud
for tic purpose Of enforcing the execution Of
the laws and preserving the Constitution and
Institutions o: the State. - -
A Convention with tpfeife powers alone IS.
sembled at Richmoud-had usurptd the pow:
ers oil, the Stntc Govcrnmcnt--hnl forbidden
subordinate officers 10 execute the laws--hsd
ra.scd an ordinance resembling the Copsiitn.
ton Of the United States. aud hnl made
treaty with the eo.cslltd Southern ConfeLe,a-
cy, transferring the State and ihe people -
TINT pretended Governments and the Cover
nor, with most OF the executive officers Of The
State, sanctioned ihese etreafouablc pLococdinGs-
1t was to resist the execution OF that ttIeaty.,
aud the enforcement Of those ordinances, that
the Wheeling Convcntion Of June llth, lSGl,
was called and organized. 1t was their bus.
incss 10 restore, not 10 destror, either Ito
Constitution or the laws. A large part o! tho
| -, ~ al, N.nta L. 4 a.
wise, had, - far il was possible for,thcru 10
10 10, .hjur:d, cast of their allegiance 70
their Government, and givcu in their adhesion
fcitcd, ut least for the time, their right OF
protection from the Government, and with il,
:, all right 10 a voice or representation 10 nnr
assembly or convention Of the TIRE people Ai
the Staft It was, therefore, and for these
reasons J0tha, the Wheeling Convention Of
May 18th, 1861, being tic 6rst or preliminary
convention, adopted measures for. calling Q
more regular convention, mud passed an ordi.
nance inviting the tcyol people Of NIL the
counties in the Common Wexlih Of Virginia, 70
elect delegates to meet in Wheeling on the llth
day Of Juue, 1861, for the purpose Of devisipg
tion auI laws Of the Stale, to maintain their
allegiance to the United States, and to aid tie
Government in tho enforcement OF the laws,
md in snppressng the rebellion. The loyal
people Of all the State, 60 far rs they were
not prcrented by organized and armed forces,
responded to the call sul sent up their repre-.
Gentntives. .... .-s,....
This proceeding was bas:i upon the propo.
: sition, or rather upon the principle, that tho
loyal citizens Of State are the only people
who can Of right make or unn,aEc laws, or
make or uninHkc constitutions; or WHO can
r:ghtfully. NJ their own will and pleasure,
resume aud exercise themselves, collectively,
or by their representatives, all the original
powers and authorities they llad, nt my time,
granted 10 their agents; and the more espe-
ciully, where their agents had, by violating
their obligations aud trust confiIed 10 them,
forfeited all their previous rights, power or ),
authority. 1a,5
II This proposition is false in theory or false
in fact; il it i. not founded in huth, tten tho
convention Of June llth, 1861, was y treas. 8
onut.e assembly, unl MI tbci:. acts, rcrolu. /
:ionS and ordinances, were iDsurrcchonary,
rcbclions mud revolutionary, us we'll against
the Cnitri States rs against the Common. !,
wealth Of Virginia. II wns founded upon NO
other principle, and can &c sustained upon no
other theory. ..:.....,..,-. ,I.,l..e.t z
II VA, upon this theory, and no other, TINT
that great nnd sood and wise man, President
Lincoln. recognized tho .proeeedings OF, tie
Wheeling Convention 90 legal and vulid., IL
was upon The same theory that be recognised
the patriotic and able statesman, Francis u.
pierpout, MS the rishlful and constitutional
Governor OF the Cotnmonwcali and IL was
upon the sAme theory thut the Senate of'ths
United States recognized the Hon. John 8.
Carlisle and waitmnn +. Wiley ~ consiitu.y
tioually elected Senators by the Legislature ),
which was assembled nt Wheeling under tho
auspices of TINT Convention, and finally, IL
was upou til. same theory, thut. .the Congress
uf the United States, with the approval OF the !;
President admitted West Virginia into :tLs
family OF States; and / might sdd that Il was
on the same theory that the Supreme Court
Of tho. United States ordered the name Of
"west Virginia" 10 bs placed upon Its oslen-
dur, or roll, ~ ono Of the States Of tue Cnioa:
Tho Constitution and legal power and author
ity Of the Convention Of June Ill ,'lsGI, having,
been thus recognized and affirmed by tlS;
highest Legislative, Executive and judicial !.
authorities known in our Government, aitoE< Z
its resolutions and ordinances must be received
rs valid and binding by this Court, :unl<sS .
they have been altered or repealed. .liaiI
It us9 ped, no power. L. fonnd the Govern:
urnt oY the State in the hunhf az irn forht anil