Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1867-08-01
THE CONsrTrUTT0NE CoRPsr

THE CONSTRUCTION a CORPSE.
The total overthrow and humiliation
Of the Constitution by the unlawful as
sembly which calls itself the Congress of
the United States, is most signally shown
by the present condition and pretended
creation of the " Staten Of West Yirginiai
in connection with the reconstruction
v~illainies Of legislation.
These strocious edicts of Jscobinism
rest altogether upon the declaration with
which the first Of the accursed brood Of
hell begins, that there are no lawful gov
ernments in any Of the Southern States.
Il is assumed that there has been no law
full government in any Of them, since the
commencement Of the civil war; and it
is continually acted on as an axiom, that
all the acts Of President JOHNSON, in.
establishing temporary governments,
were null and void.
The Governments established in four
Of the States esnnOt claim President
JOHNSON as their author. He had moth
ing whatever to do with the establish
ment OF new Governments in Arkansas
and louisiana. In Virginia he merely
transferred the Governor appointed by
President LINCOLN, to the capital Of the
State. In Tennessee, where President
LINCOLN had made him Provisional
Governor, the new State Government
was established before be became Presi-
dent and if 1t was, like those of Ar
kansas and Louisiana, null and void, (as,
on other grounds, all men knew it
was the present Government Of the
State is an unlawful usurpation, and
Tennessee is not a State of the Union.
The case Of West Virginia still more
clearly displays the utter disregard OF
Jacobinism for the Constitution, for law,
reason and common sense.
The fourth article of the Constitution
Of the United States, section three, is in
these words:
New States may be admitted by Con-
gress into this Union but no new State
shall be formed or erected within the
jurisdiction Of any other State, nor any
State be formed by the junction Of two
or more States or parts OF States, without
the consent Of the Legislature Of the
States concerned, IS well as of the Con-
gress."
West Virginia could not become q
State without the express consent Of the
Legislature Of the STATE of Virginia.
It is represented in Congress as a State.
How did it become so ?
At the commencement of the rebellion
the territory Of the State of Virginia ex-
tended to the Ohio river. On the 18th
Of May, 1852, the Legislature of Virginia
passed an act giving the consent Of that
State to the formation Of a new State,
called West Virginia, within the juris.
diction of the State. The first section Of
the act Of Virginia is in these words
" That the consent of the Legislature OF
Virginia be, and the same is hereby given
to the formation and erection OF the
State OF West Virginia within the
Jurisdiction Of this State, to include
the counties of Hancock, etc, accord
ing to the boundaries and under the pIo-
visions set forth in the constitution for
the said State of West Virginia and the
schedule thereto annexed, proposed by
the convention which assembled at
Wheeling on the 2Bth day of November,
1851" The third section Of that act pro.
vides, "Thst the act shall be transmit
ted by the Executive to the Senators and
Representatives Of this Commonwealth
in Congress, together with a certified
original Of the said Constitution and
schedule, and the said Senators and Rep
resentatives are hereby requested to use
their s~ndeaYors to obtain the consent of
Congress to the admission of the State of
West Virginia into the Union"
On the 31st of December, 1862, Con-
gress, in compliance with the request
above set forth, passed an act, the first
of which is In these words
"WHEREAs, the people inhabiting that
Of Virginia known as West Vir-
ginia did, by q convention assembled in
the city OF Wheeling, on the 18th Of No
vember, 1851, frame for themselves a
constitution with q view Of becoming a
separate snd independent State and
whereas at q general election held in the
counties composing the territory atOre-
aid, on the third of May last, the said
constitution was approved and adopted
7y the qualified voters Of the pro
posed stale and whereas the Legislature
II Virginia by an 6et passed on the
18th day Of May, 1852, did give its con-
sent to the formation of q new state
the jurisdiction Of the said state
If Virginia, TO be known by the name Of
West Virginia, and to embrace the fol-
counties, tO-wit Hancock" ETC.. {
and Whereas, both the convention and
legislature Aforesaid bsYe requested that
he new state should be admitted into s
he union, and the constitution Aforesaid {
republican in form, congress doth I
consent that the said fOrty-eight {
counties may be formed into a separate
a. Independent state therefore :
" Be Il enacted, That the state Of West ,
Virginia be, and is hereby declared TO be !
me OF the United States Of america, :
md admitted into the union on an
=Qgsl footing with the original states in
n respects ~vhGtever." The third sec
ion Of the act Of congress provides that {
the Jurisdiction OF the western dis :
riots Of Virginia shall hereafter DO CO. !
with, and confined 10 the lin 7
Is of the state Of West Virginia, aud i,
hall be called the District Of West Viz
,inis and the jurisdiction Of the east
district of Virginia shall hereafter be !
,oeAtRSsive with the limits, and include =
he whole o. lie state Of Virginia, and n
hall be called the District OF Virginia" ]
Congress now annihilates the State Of
declaring that it has had no I
State Government since the |
Ipring of 1851. It declares that, being G
ubjugRted at the close Of the civil war, 5
is obiitsrsted as a State, and
as become merely q part OF the con- !
Iuered territory, over which Congress I
nay exercise despotic powers. II she 7
ID not aesse to be a State by secession l
nd defeat, there "a no language that
adequately characterize the yillainy
nd perjury Of the legislation which
Establishes . military despOtism over
er, and snnlhllstes the Constitution
7ithin her limits. In that case, no pen I
tertiary holds such a set OF Infamous
riminals as have lately held their orgies
D the Capitol at Washington. y
On the other hand, II Virginia is no ]
tate, and has been none since early in i
s6l, West Virginia has never been law
ally erected into a State. And yet this
} precisely what the Senators Of West I
have voted, in voting for the
construction acts. In other words
hey voted themselves no Senators Of the
United States.
To THE POLLS.