The New era. [volume] (Martinsburg, W. Va.) 1865-1871, 1865-10-12


quently, of these counties from their
natural geographical lliance to the other
counties of the valley-being likewise,
also, within the limits of the admins
tration of the substituted government
referred to-and adding, only, that all the
functions of this substituted government
could have been, essentially, exercised
without any division of the State.
The vital consideration, upon the ques-
ton of the power to transfer Berkeley
and Jefferson, is this: could the Legis
lature of Virginia (even if there were
no Union and no Constitution of the
United States, not being atreaty-making
power-not negotiating for Peoce-not
seeking to effect any object of public
security or policy, in negotiations for
cessation Of hostilities with neighbor-
ing State, at war with the State of Vir-
ginia-but, merely, as an act of ordinary
legislation-cut off a part of the body
polite:
No sanction can he found for such
power in the established doctrines upon
this subject, as found in the Standard
Treatises upon National Law. On the
contrary, the fundamental principles are
thus asserted:
" \ nation ought to preserve itself"
!" It ought to preserve all its members
it cannot abandon them, and it is
under an obligation to them of MAIN
tanning them in the rank of members of
the nation.o
cit has not the right to- traffic with
their rank and liberty, on account of
any advantages it may promise itself
from such a negotiation. They are
united to society to be its members; they
acknowledge the authority of the State,
to promote in concert their common
welfare and safety, and not to be at its
disposal, like q farm or On herdo Of cattle.
But the nation may lawfully abandon
them in case of extreme necessity, and
it has right to cut them off from the
body, if the public safety requires it."
But this Province, or this City, thus
abandoned and dismembered from the
State, is not obliged to receive the new
master thus attempted to be given them.
If it be possible for them to defend their
liberty against him who would subject
them to his authority, they may ha,ef,lly
resist hiaa." Francis l. having engaged
by the Treaty of Madrid to cede the
Duchy Of Burgundy to the Emperor
Charles V. the States of that Province,
declared: "That having never been sub
jet to any other crown than that of
France, they would die subject to it;
and that, if the King abandoned them
they would take up arms and endeavor
to set themselves at liberty, rather than
submit to another Power
This relates to the power OF the State |
in its sovereign capacity, as in Con-
vention-and the citations are made to
show, that, althougha State may not be
restrained by a superior National Power,
as in our system, yet itcannot dismember
itself, except in case of extreme neces-
sity.
Much less, as expounded by the same
authors, has the Prince, or SUPERIOR,
of any kind, las a Legislature,) the
power to dismember the State, unless
he has received full and absolute
authority" It can not be pretended
that, upon any theory, under the Consti
tuition of Virginia and our institutions,
the legislative body, however unlimited
its power5 (where not prohibited by the
Constitution tomake lawsfor the govern
ment of the State, as it stands, has such
absolute authority to dispose of the terri
tory OF the State. If it had, indeed, its
power to do so could only be rightfully
used Gin a case of necessity, or with
view to the publicsafety, and to preserve
the State from total ruin.''
These expositions must, of necessity,
awaken those who We're Instrumental in
securing the passage of the act of the re-
organized government of Virginia, of
January 81, 1863, (Mr. Pierpont being
Governor SanctiOninU tho onpav.+;o,,