The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1866-09-17
COnstIIutIonaIlIy OF the Admission of
West virgiPia-
oPlnlon q 1oa. salmon 2. cha.s
TREAsuRY pEPARralENr.

questions proposed are two
LIST. Is the act constitutional?
I'd. Is the act eXpedient2
LIST. In my Judgment, the act is con-
In the Convention which framed the
Constitution, the formation of new
States was much considered. Some of
the ablest men in the Convention, in
all, or nearly all the delegates
from Maryland, Delaware and New
Jersey, insisted that Congress should
hare poI5er to form new States within
the limits of existing States, without
the consent of the latter. ALI agreed
that Congress should have the poICe1-,
with that consent. The result of delib-
Grafton was the grant to Congress of a
general power to admit new States;
with a limit on its exercise in respect to
States formed within the jurisdiction of
old States, or parts of such, to cases of
consent by the Legislatures of States
The power of Congress to admit the
State OF West Virginia. formed within
the existing State of Virginia, Is clear,
if the consent of the Legislature of the
State of Virginia has been given. That
this consent has been given cannot be
denied, unless the whole action of the
executive and legislative branches of
the Federal Government for the last
and is now to be reversed.
In April, 1851, convention of citi-
zens of Virginia assumed to pass an
ordinance of secession, called in rebel
troops, and made common cause with
the insurrection which had broken out
against the Government OF the United
States. Most OF the persons exercising
the functions of State government in
Virginia Joined the rebels and refused to
perform their duties to the Union they
had sworn to support. They thus abdi-
Gated their powers of government to
the United States. But large portion
of the people, a number of members of
the Legislature, and some judicial offi-
GERS, did not follow their reasonable
example. Most of the members who
remained faithful to their oaths met at
Wheeling and reconstructed the gov
eminent of Virginia, and elected Sena-
tors in Congress, who now occupy their
seats as such. Under this reconstructed
government a Governor has been elect
ed, who now exercises executive au-
thority throughout the State, except so
Tar as he is excluded by armed rebel
lion. By repeated and most signifi-
cant acts, the Government of the Uni
ted States has recognized this govern
ment of Virginia as the only legal and
constitutional government of the whole
State.
And, in my Judgment, no other
course than this was open to the Ma
tional Government. In every case of
insurrectiOn Involving the persons ex-
ercising the powers of State govern
ment, when large body of the people
remain faithful, that body, so far as the
Union is concerned, must be taken to
constitute the State. 1t would have
been as absurd as it would have been
impolitic to deny to the largo loyal
1atf
Stale government, because men whom
they had clothed with executive, or
legislative, or judicial powers had be-
traYed their trusts and Joined in rebel
lion against their country.
1t does not admit OF doubt, there
fore, as 1t seems TO me, that the Legisla-
tune which gave its consent to the
formation and erection of the State of
West VirginiR was the true and only
lawful Legislature of the State of Vir-
ginia. The Madison Papers clearly
show that the consent of the Legislature
of the original State was the only
consent required to the erection and
formation of new State within its
jurisdiction. The consent huving been
given, the consent of the new State, if
required, is proved by her application
for admission.
Nothing required by the Constitution
to the formation and admission of West
Virginia into the United States is, there
fore, wanting; and the act of admission
must necessarily be constitutional.
Nor Is this conclusion technical as some
may think. The Legislature of Vir-
ginia, 1t may be admitted, did not con-
tain many members from the eastern
counties. It contained, however, rep
resentatiVes from all counties whose i'm
labitants were not either rebels them
selves, or dominated by a greater num-
~ Il. -
If the State known to the Union. If its
consent was not valid, no consent could
1e. IL its consent was not valid, the
Constitution as to the people of West
Virginia has been so suspended by the
'ebellion that most important right
lnder II Is utterly lost. II is safer, In
ny opinion, to follow plain principles
o plain conclusions, Than to turn aside
rom consequences clearly logical be-
,ause notexaetly agreeableto our views
1f e1pediency.
ID. And tnis brings me to the second
] question: Is the act of admission expe-
1ientI
The act Is almost universally regard
Ell as of vital imp ortance to their well
fare by the loyal people most imne
aihtely Interested, and it has received
The sanction OF large majorities In both
Houses Of Congress. These facts afford
3troug presumptions of expectancy.
1t Is, mort over, we'll known that for
many years the people Of West Virgil
MA have desired separation on good and
substantial grounds; nor do j percei We.
to such separation would now be WITH
held by 4 legislature actually elected
from all the counties of the State and
untouched by rebel sympathies. How
ever this may be, much, very much, is
due 70 the desires and convictions ofthe
lou 10 ~
them admission Is an object OF Intense
interest, and their conviction Is strong.
" expressed that the veto of the act and
It's consequent teilure would result In
the profound diseouta cement Of all 10y
a men, and the proportional citation of
every sympathiEer With rebellion. Nor
g tito be toSgotteli that such veto win
be regarded as an abandonment of the
views which have hitherto guided the
action OF the 60Vernlnentin relation to
Ntrgtnils VIII act Is q sort or disavoFaI
OF the loyal government, and may be
followed by is disorga niEation. No
act net imp lively demanded by con-
stitniiopal duty should be performed
by the iskecuttVe. y likely to be atlene-
cd by consequences like these.
b II may be said, indeed, that the adj
mission ofsWest Virginia viii draw
alter title meek slty OF admitting other
stare Under the consent Of e1tenpof-
led Leg iatuEes assuming 20 act for
whole States, though really represent
ing ofimpurtaut part OF their tarrt-
.orys lninA this nec I'M mary.
There are no such E.eg islatores, nor is
there likely 10 be. No such Eegisla-
t1rai e e1fempori is likely 70
eelNe the reeognition Of Congress or the
4s1ecu lgls 1le cf6e 81 West Virginia
VIII form no evil precedent Farother-
wise. 4t VIII encodfat e The loyal by
the assurances e VIII give OF nationSl
recognltlots aud support but It viii in
spire no hopes that tha National Cove
ernment VII eqllltehanee needIes and