The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1865-10-14

affirm boundaries. which had bs'en pre-
Viot,-ly declared and aS~entcd y ~
Conrtts~- mcrclN arcepiunccs ana atiir-
nations OF rcports of surveyors or CUM
missioners. who had been appointed 10
actually run aud mark the lines called
for Ina the previously existing compacts
Of session. 20 which Congress had as
scented.
I'm the case OF Green -. Biddle, VIII
Wheaton. y. 4, expressly aftirms the
law ID b. a. have stated, and that lit
was not necessary the compact should
he in any particular f0rul.' The Suo-
,i,fscf oulg Gas ~ bciooked dL
IN the case Of Pool rS. fr'egree III
Peters. D AZ, which j. directly IN
point, aud the court says, In speaking
of the right of States 10 fix or alter
boundaries. that they have a right,
"hut that il exercise il guarded ~
single limitation or restriction, Nhich -
ftr ,s1nsrnf III O0nqrcSs." In the last case
the Jurisdiction Of the States OF Ken
lucky and Tennessee were in question,
and also titles 10 lands, Dat o. no tdi,d
al rkich ihs Infcf NfdicS hdd GEy taicr-
~ as auncrs. It, only interest was 10
proserNe and protect It's rights OF emf
neut domain aud it, political organism.
The second position taken by Mr.
stanton that Congress. by admitting the
state of West Virginia with "A constitu-
ton containing this clause, additional
territory may D. admitted Into and form
mari OF this State with the consent of the
iegislature," did give its consent re-
member distinctly the debate IN the
s,nyention that formed the constitution
f,rWest Virginia, upon this clause, and
what it, extent object and purpose Mas
A. contemplated by the convention. The
whole debate was whether the acquisi-
ton OF new territory should be by the
consent OF the Legislature or by direct
vote of the people. The question was con-
siierablv discussed, and finally decided
% d. len 20 the Legislature. II was not
contemplated by any member al that
time, nor was Il any part Of It's purpose,
ID cct frOm the Congress that might ad-
NIT the new State under the c0nsiiiu-
ton We were forming, acdrfc hGlche for
an future time, to swallow up adjoining
states. or parts thereof, without further
consent ~ Congress, whether done
under preteuse OF strengthening lines or
others equally absurd. Its object was
confined 10 internal State policy only.
hut II the Convention had contem-
plated the getting ofsuch unprecedented
authority by such disingenuOus means
Congress was careful not 10 grant it,
For by its act admitting the state, Il
eNpruSSly negatives any such intent or
inference by euumerating each OF the
A. counties 10 consented TO have form
the new state. and thereby fixed and
established cOnclusiVely the bounda-
ries. There il not a word In this act 10
authorize the inference Mr.. stanton at
tempts % draw, but it. whole letter and
spirit i complete negative Of any
such intent ON the part Of Congress.
The vital question now i, can the
counties sill IL savcdf and Il 50, how
can the rcquirad consent VI Congress BE-
obtained bCforc the Legislature OF the
mother stale shall repeal her acts con-
. ~enting o. the ccssion passed the Slst
T January land an February, lslSA Both
. Congress and the Legislature OF the
mother stale are To convene the hrst
Monday Of neccmber next
Respeotfuliy, g.. PARKER.
WELIsBURs, sept. lS. ls,a.