The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1866-07-17

NO276.


| regulation OF the domestic relations OF the
slaves tnen In the STATE, and for the gradual
I voluntary servitnde except for crime should
not exist after certain period, TO be deSignR-
struggle the propositions were defeated bya
majority OF one. The convention adjourned
4 ing completed rs iahofs and framed a eon
sltuttOn, to be submitted TO the people on !
ths TEa 80 day day Of, Of April. ls92
PIE OF the counties embraced within the pro-
posed new state, on the Sd day OF April. IS62,
eighteen thousand eight h1ndrsti hun ana siStS1
Two III It's Iayor, and flve hundred and four.
the advanced friends OF the movement heid
q separate poll and took aninIormaIvote on
| tne propositions of Mr.. Battelle, and about
ak thousand votes We're cast In favor OF
them the total population OF the forty
eight counties IN 1850 was three hundred and
| thlrty-four thousand, nine hundrefI ana
twenty-One whites, and twelve Thousand
| The legisia. ure OF the reorEanizsSi eoTsrn-
ment assembled on the 9Th of May, follow
ing, and gave It's formal assent, BY the pass
70 the formation and erection OF the state OF
West Virginia within the jurisdiction of the
State OF Virginia, accounting 10 the Stipnla-
lions and provisions OF the constitution of
the new State; Il also provided that the
should be included IN ana form "a part OF the
state OF West Virginia, whenever the voters
and assent thereto, at an election held for
that purpose at such time and under such
the schedule to IL, should prescribe. The act
was ordered TO be transmitted 10 the Senators
together with a copy OF the Constitution with
| the request that they use their endeRvors to
obtain the consent Of Cong gIess to the ndmis-
sion of West Virginia Into the Union
| The memorial or the legislature, together
with the act granting assent TO the erection
OF the State OF West Virs sinia, and the COM
stitutiOn of the latter were Presented In the
Senate on the 18th Of May, iS62. No act was
ing-approved on the Slst of the month"; The
act was a conditional one TO have force and
with. The preamble reciIed the action of the
convention, the vote OF the people and the
counties included within the bounIaTies nS
ProPosed by the constitution, exclusive OF
Pendleton, Hardy, Hampshire and Morgan
and declared that the constitution was re.
publican In form. i was therefore enacted,
| THAT the State OF West Virginia be and Il
hereby, declared to be one OF the United
states OF America, and admitted into the
States In all respects whatever and untfi The
next general census, shall be entitled to fhrre
Inem6erS IN the House of Representative of
this act shall not take effect until alter the
proclamation OF the President of the United
resented to Congress that since the conyen-
ton OF the 26th OF November, eighteen hum
posed the consultation for the said State OF
West ylrglnia, the people thereof have ex-
OF the eleventh article or said constItution'6y nv
striking out the same and Inserting the iOi-
lowing IN us place, viz; The children of
slaves born within the limits OF this State
after the fourth day of July, eighteen hun
dIed and sixty-shree, shall be nee; and that
all slaves within the said State who shall at
| the time aforesaid. be under tile aqe OF ten
years, shall be free when they arrive al the
age or twenty-oue years; and all slaves over .
| ten and under twenty-one years shall be free
when they arrive al the age OF Twenty-Five
come into the Stnte for permanent Tesidencs
theIein. Therefore-Sec. 2 BE It further en-
acted, that whenever the people Of West Viz
II fNVNWya ffr,W,
and by q vote to be taken at an election 10 IA
held within the limits OF the said State, At
such time as the convention may provide
make, and Tatlfy the change Aforesaid ami
properly certify the same under the hand OF
lawful for the President OF the Unitet States
TO issue his proclamation stating the fact, and
force on and after sixty days from the date OF
said proclamation -sHF 81 40 :
tiOn re. assembled and made the change pro-
posed in the act OF Congress, and shortly
afterwards finally adjourned.
The vote on tue constitution as amended
WINS taken on the 18th OF March, 1865 as IrCJ-
yided for by the convention at ihe session in
ton 0y ! majority or about seventeen thoTs-
and. The majority, had the ten thousand
forty-eIght counties participated in the
election, would have been increased
been certified to the President or the
United states as groIyided In for by the, act OF
| issued hts proclamation. The Convention
prior to adj6urning in February, 1883, pTovid-
ed that, II a majority OF the votes cast ut tho
adoption OF the amended constitution, then
| an election should be held on the fourth
bers of both branches OF the legislature a
| Governor and other state Officers, Judges OF
various circuit courts, and county officeTs1
| An election was accordingly held At that
| House of Delegates were chosen in nearly ali
| Of the counties. and Hon. A /. Boremni. OF
nor OF the State OF West TrIinis ss' SSINesI
| Crane, OF Randolph, Auditor; Cam pbelI Tar
Of Brooke. TreasuTer; j. EdgaE Boytrs,. OF
Well, of Ohio, Attorney General. Hons.
Ralph Ia Berkshire, OF Monongalia William
a. Harrison, OF Harrison. and James H
the supreme Court OF Appelis. Thes officers
were ell ch.Sen without opposition. Judges
were also elected IN all OF the circuits but
| two, which hitter were in the disputed
| ground between the cOntendinE forces 81 the
| war. County officers were elected in nearly
| all oil tue counties, excepting, perhaps IlluSe
embraced I'M the two judicial circuits just
When, therefore, the period OF Sky DAYS
from the date OF the Presidents proclamation
had elapsed, the 20th OF June, 1883, the new
| State or West Virginia had a Rovernmpnt
consisting Of all the departments, legislative,
constitution; I6stIces OF the peace and Other
local Officers held over, under an ordinance
| OF tie convention, until their SUCCESSORS were
elected or appointed. 1t was not without
| means either, as the General Assembly of
1 NlTtnnta, by an act passed February 3Td, 1885,
all fines, fOrfeItures, conflscatIOns and ali un-
collected taxes belonging TO and accrued or
accruing TO that State within the counties
embraced in the boundaries OF the new State
| to II. 1t also appropriated the sum OF one
/ hundred and nifty thousand dOllarS out of tho
treasury to the State Of West Virginia. by an
/ act passed February 4th, lSi3. The justice OF
this latter act. TO the people Of the new State
| cannot oe questioned. as the whole sum had
/ been collected from them since the re-oFRan-
| lZatIon OF the government OF Virginia.
Thus were the hopes Of the people of WeE-
| tern Virginia confirmed by the com pIete
4 felt released from bondage no less calling,
when the RnlmuS Of the age Is considered,
than that Of the ancient IarAelItes in Egypt.
/ They felt TOO, that although the scheme nad
been accomplished amid the dire scenes OF
| confusion accompanying civil commOtionS,
| yet they had proceeded upon the strong lnun-
| datlpns OF well-knoWn precedenR estaollsh-
/ ed law and Incontrovertlble principles. Pre-
cedentR are nunnenousi In EnnnAfehIGai govern
lm0nlg for the restoration OF n nead when the
i power In authority usuFpS any functions not
In accordance with the original gE1nt, with
i In e republic where the people are sovereign.
| The FeorgAniZed and restored ROvernmenGof
/ Virginia at Wheeling being the true govern
/ ment OF the State, de SIGre Is well as de Iacto
| the consent OF its General AEse emhlY to the
/ formation Of the State Of West Virginia was
the right TO enact any other law. Thet con-
sent and the assent OF Congress was all that
was necesAary To complete the formation,
under the constitution Of the United states.
II the power or authority o. that Instrument
ne denied or dehed, aS was attempted IN the
whole question open 70 the suspicion Of doubt
as To it1 validity and ieEalIty. but, n ReceE-