Daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1859-1865, 1863-08-12

definition of himself new State man,
so as to avoid the possibility of doing him
any iojustice. Now. let us briefly "explaiu
his explanation" He is not the only
gentleman who has been afflicted with
constitutional difficulties and scruples.-
His scruples, however. cannot have been
very strong, if at the same time that he
processes TO have been restrained by them
he could hope others would disregard
them. But the very singular feature OF
Mr.. Summers conversion to the new State
faith is the lateness of the day at which 1t
took place. His doubt, he tells US, was
whether the Legislature of the restored and
recognized State was competent to con-
sent to the superintendent is, whether it
was the Legislature of Yirginia-in other
words, whether the recognized gov
eminent was the legitimate government
of the State. All these doubts were dis
PEELED, he tells US, by decision of the
Supreme Court of the United States in the
case of the Dorr rebellion in Rhode Island,
that Congress alone had power, in case
there were two organizations in ISL
claiming legitimacy, to decide y3Sich was
in fact the legitimate goverpRent; and that
Congress having, by tbers Shaission of the
new State, decided that the government at
Wheeling was the government of Virginia,
he Was entirely assured of its constitutions
aIity.and s'accepted'' the Stale as soon as
II was consummated.
Nov, what we want TO know, is, why
SIr. Summers could pot be convinced I'M
til the State was. admitted. Let the facts
be briefly stated
The Supreme Court of the United States
many years ago decided that 'the political
power of the Nation consisting of Congress
sad, the President alone, could decide what
was the,true government of State; - and
the recognition, under this decision of the
Legitimacy OF the restored government
at Wheeling, by Congress and the Prest-
dent, was what made Mr.. Summers a
new State manor rather what induced
him to accept the new State. Now let
US compare the dates of this recognition
by Congress and the President, and of
Mr.. Summers acceptance and see how
they tally.
Those familiar with the events of the
Spring and Summer of 81, know that the
plan of recognizing the government of
Virginia, enlisted the warm favor of the
government at Washington. 1t found its
inspiration in high Official quarters, for it
was to be the beginning of plan of re-
organization by which it was hoped to re-
claim ultimately all the seeded States
Immediately upon the contamination of the
labors of the Convention of June '6l, the
restored government with Gov. Peirpoint
at its head, received the official recognition
of all the departments of government ut
Washington. 1t was first recognized we
believe by the War Department, in response
to Gov. Peirpoint's call Tor military aid,
and by the commissioning of the military
officers appointed by him. 1t was recog.
nIzee by the President in various official
communications by the Department of
the Interior in the payment into the treas
ury of the restored government ofthe $780,
900 due Virginia for her share of public
lands, sold. During the succeeding session
of Congress, both Houses formally recog-
nized the legitimacy of the restored gov
ernment-tho Senate by the admission of
the two Senators elected by its Legislature,
and the House of Representatives by the
admission of Hon. Joseph Segar, as a mem
bar from, tb,. NnncOlL AiStricf alocta6 Of N ~,
election held in pursuance of a writ issued
by Gov. Peirpoint. The legitimacy of the
restored government of Virginia was thus
officially acknowledged as far back as two
years ago by every department of the Ma
tiounI government except the legislative,
and including the President, and as far
back as eighteen months ago, it was for
mally and solemnly recognized by both
Houses ofCongress. After that what more
could man want, on the question of Con-
stitutionality, if he acknowledged, as Mr..
Summers says he does, that decision of the
Supreme Court to be climbing upon judi
ciary and upon people," These things
were not done in corner. They are a
part of the history of the State and the
Country. Mr.. Summers could not be igno-
rant of ;them. Then he, being on the ex-
pedieucy question warmly inclined to the
new state, having desired it all his life,
and these acts having under that decision
removed all his doubts and scruples as to
its oonstitutiouality, should of course
be from the time of this formal acknowl-
edgement by both Houses of Congress Of
the legitimacy of the restored government,
the warm and earnest advocate of separa-
ton. Yet strange to say he was not. He
was silent aud voiceless as the grave
He who could have done so much to aid us