The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1867-07-20

enoe few days since, fell upon the
/ following important letter from the late
Henry Winter Davis, in answer to some
I inquiries proposed 10 him by the I'M
dsrsigned, during the sitting OF me
Convention which formed the Constr
tuition of this State. The extraordinary
/ ability OF Mr.. Davis was so well known
all over the land, and the subject treat
Z ed by him in the letter Is OF 50 muca
importance TO the people OF thls 49, 800
/ that base deemed II proper 70
the letter entire. 1t IS clear ana una 1Ll
swaYab,e yindication Of the course puf-
sued by those who organized me
/ Stored Government of Virginia, from
the eloq uent pen OF one OF tbe hloaL a.,
I complished lawyers which ms cou COUP hLI =,
Mr.. Davis renders further privacy IN
Tes,aTd 10 the letter unnecessary, III my
Indictment; and / therefore request
mai YOU will give your readers lhe
7 benefit Of b is hastily written, but neS-
erthe!ess able, eloquent and patrlollc
letter. Very truly, yours
4 ELLKRY r. HALL.
BAL11xoRE, Mp, January q, o..
EReTy h. Hal, Esq:
| DEAR SIR-There can be no doubt
! that The government of Virginia IL the
one W hich the President and Congress
Z have recognized. That Is conclusive IN
{ all courts and citizens. II is not merely
the de GqeLo but the de Jure government
ofdU Virginia. The former government
ceased 10 be the rightful government
I Of Virginia on the day when II refused
| United States; and the Congress was
] entitled and bound on that day 10 dis
| perse and destroy il, and to take meas
ures to reOrganizs another over ' n
| ginia, under that clause OF the Constl-
tuition which requires Congress 10
! guarantee to every State Republican
| form Of government
AU the legislative. executive and lu-
diclal acts OF AiS government o! VIZ
/ ,iuIa will be as exclusively and as
! Sslfdly recognized by the United States
courts and Governors OF other States
as worthy acts of the former govern
nent.
The present Government is not
mere revolutionary make-shiit, but
the permanent and only constitutional
I government of Virginia-the Virginia
/ known to the constitution in all lis e1-
tent and with all its rights.
Congress cannot divide Virginia nor
/ make or recognize new Stale in any
/ part Of her territory without the con-
| sent of the present government, whose
! Representatives and Senators are now
| in Congress; nor can Congress recog-
| nize the act of any C0HUe5ltiOn of Lhdt
\ State-it must be the act Of the LegLstd-
! tttre of the State.
Ifyour Legislature provide tor a di-
I vision Ofthe State and ask Congress TO
aIloWiI, il is within the power at the
discretion Of Congress. under the Con-
situation, 10 admit State formed out OF
| part OF the present territory OF Virginia.
Whether Congress would allow the
/ formation of the two States out of the
| territory OF Virginia, and how the ques-
| ton might be effected by the circum-
stances TO which you refer, ara unable
| 10 say. / am out of public life and see
| few public men. Mr.. Carlisle could give
you reliable Information from the very
centre of the affairs touching the dis
position both Of Congress and the nd
| IninistTation.
There are, however, some obvious
/ considerations OF a political character
which would be or ought to be serious
obstacles to any division at nus tune.
The new State would comprise the
whole of the territory OF Virginia now
actually recognizing and obeying the
Constitution OF the United States-the
| whole OF the territory over which the
officers of the constitutional government
OF Virginia actually administer the
laws. All beyond it is now in open re-
belliOn, or under the military DONNA
ton OF those in armed rebellion against
the United States: within their sphere
no act under the constitutional govern
mcnt of Virginia is possible. AS
y
military domination Will be confined to
narrower bounds and be ultimately ex
PEELED from al your territory. 1t will
be of vast Importance that there should
be regularly organized government OF
the State to follow the advance of the
armies of the United States, reinstnting
civil government in loyal hands under
domestic State government. In the
absence Of this, only anarchy or mill
tary government is possible; and
the organization of State gov
eminent in that part OF Virginia will
Partake of a revolutionary character
amid population perhaps evenly di-
vided between loyal and disloyal men
aud likely to be accompanied by col
lisions of a deplorable character.
Such considerations ought to prevent
any assent at present to the division of
Virginia.
II might be advisable for you to per-
feet your new State Constitution, define
its boundaries, (extending them as
much as possible so as to include
all OF Western Virginia. even to
the Blue Ridge, or at least 70 the eastern
foot OF the Aileghanies--for small
State will be looked on with much less
favor than large one-pass an act In
conformity with the third section of the
WITH article of the Constitution, by
your Legislature, asserting to the di-
vision and asking the assent OF Con-
gress, and present both at once 10
Congress; but l would not press vote
on them at this time. Let them lie till
Virginia Is cleared OF armed rebels and
you have restored civil government
| your sheriffs, judges, clerks, justices of
4 the peace, &C., under your auspices, over
the whole territory and then ask by
| your Senators the assent of Congress
| TO the formation of the State of Kama
wha THE name then propOsedl and her
| admission into the Union, ana you Will
be likely TO succeed.
| | have thus briefly answered your
| questions. l am by no means sure you
! will lind them OF service, or even con-
cur in them.
| think the question of law clear.
Last February pointed out, in view of
the impending complications. the
solution you have found in Virginia.
The questions of policy can be answer
ed only by those in power.
have long known the grievances of
| West Virginia; and the great events of
this year seem to offer you prospect
OF redress.
request that you will not allow this
letter to be published. am out OF pub
| lie life, and wish not to obtrude my
self on the public in any manner.
II the suggestions prove of any value,
1 shall be satified.
| It may be well to look at the opinion
OF judge fancy in Luther Us. Borden
18th Howard, If you wish to see how en-
| tirely the judicial authorities concur in
| the views of the political authorities in
their recognition OF your government,
and It's consequences. Very respect
! fully, your obedient servant,
! II. WINTER DAVIS"
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