To which Mr. BELT had submitted the fol-
lowing amendment:
Amend section 47 by adding the following
words at the end thereof: " Provided, how-
ever, that the General Assembly shall have
no power to accept the cession of any such
territory until after the existing civil war
shall have been brought to a closer'
Mr. MILLER. Among all the novelties with
which we have been treated in the course of
this Convention, this seems to me to be the
most extraordinary. I endeavored to ascer-
tain from the chairman of the committee what
was the parpose of this 47th section. I un-
derstood him to say that the object was to
allow certain counties of the State of Virginia
and West Virginia, perhaps Loundoun county
Mid some of the adjoining counties, to be
ceded and added to the State of Maryland.
The gentleman from Howard (Mr. Sands,)
however, in his remarks yesterday, has told
us that the object is that the entire State of
West Virginia may be incorporated in the
State of Maryland.
Mr. SANDS. The gentleman will excuse me
for correcting him. I did not state that that
was the object, bat that it was the wish of a
great many people, and I should be glad if it
could be accomplished.
Mr. MILLER. I understand him to say that
wider this section as it now stands that might
be accomplished.
Mr. SANDS. Yes, sir,
Mr. MILLER. We have had, since the adop-
tion of the Constitution of the United States,
disputes between the several States with re-
gard to their boundaries, which hive been
settled by decisions of the Supreme Court. I
know of but one instance in which territory
belonging; to .one State has ever been ceded to
another State. The District of Columbia was
ceded to the General Government, tor the pur-
pose contained in the Constitution, of having
the sent of government between the States of
Maryland and Virginia. A portion of that
territory some years ago was reproduced by
the United States to the State of Virginia
It was a grave question, however, whether
that retrocession was constitutional or not.
I know of but once instance of territory
actually belonging to and conceded to belong
to one State, ever hiving been conceded to
another State. That was an instance between
the State of New York and the State of Mas-
eachusetts—a small portion of territory called
the Boston Hundreds, or Boston Corners, I
think. The mode of cession adouted at that
time was an act of the legislature of each of
the two States, declaring that each was a
sovereign and independent State, the ceding.;
State acknowledging; its willingness to give
up the territory, and the State to which it
was ceded declaring its willingness to accept
it, and then reciting that whereas doubt might
be entertained as to the propriety or consti-
tutionality of this mode of proceeding, the |
consent of Congress might be obtained; and
in act of Congress was passed in paranance
of those provisions allowing the acts of the
legislature of the two States, and allowing
the cession to take place.
But what does this section, as it stands,
propose to do? It declares that the General
Assembly of Maryland shall have power to
accept the cession of any territory contigu-
ous to this State, from the States of Virginia
and Went Virginia, or from the United States,
with the consent of Congress and of the in-
habitants of such ceded territory; not with
the consent of the people of the State from
which the territory is to come, but of the in-
habitants of the territory itself—
Mr. STIRLING, How can the Legislature of
Maryland accept a cession of territory from a
State without the consent of that State first
being given ?
Mr. MILLER, This clause says it may be
accepted by the consent of Congress, and of
the inhabitants of the ceded territory.
Mr. STIRLING. But it says it may accept it
from the State.
Mr. MILLER. " The General Assembly shall
have power to accept the cession of any terri-
tory contiguous to this State from the States
of Virginia and West Virginia,"
Mr. STIRLING, Does not that imply that
the State must have given its consent?
Mr. MILLER, (continuing)—"or from the
United States, with the consent of Congress
and of the inhabitants of such ceded terri-
tory." I understand that the only consent
to be obtained is the consent of Congress, the
consent of Maryland, and the consent of the
inhabitants of the ceded territory.
Mr. STIRLING. The gentleman certainly
misunderstands the language. How can the
State of Maryland accept anything until the
proposition is first made? It says we shall
hare power to accept it from the State.
Mr. MILLER. I will state how, according
to my understanding of this clause, the ac-
ceptance of it may be made. If the inhabi-
tants of any of these western counties, Lon-
don county, for instance, get together and
vote that they desire to come into the State
of Maryland, and if Congress should grant
the privilege, and give its assent, and Mary-
land accepts it, then Loudoun county becomes
a part of this State. I understand that to be
the construction of this section as it stands ;
and if so, it is certainly in conflict with the
Constitution of the United States.
Mr. STIRLING. We repudiate any such con-
struction whatsoever.
Mr. MILLER. That is the construction of
the language used.
Mr. STIRLING. I say that the committee
had no such intention, but had the specific
intention that the consent of the State should.
first be granted. If there is any difficulty
about the language, the gentleman can cover |
