New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-06-21
THE sTATR OF WEST VIRGINIA.

THE STATE OF WEST VIRGINIA
At the April Term Of the United States
Circuit Court at Nashville, recently adjourned,
West Virginia cause came up for trial. The
attorney for the plaintiff proceeded to read his
declaration: "a. b., citizen Of the State OF
West Virginia. by attorney, complains &c,
when Mr.. Justice Catron of the Supreme Court
Of the United States, presiding alone in tho
absence Of tho District Judge, directed the
=" West" TO be stricken out, rcmerking that he
knew of no State Of West Virginia.
This dictum falling from member OF the
Supreme Court, Of course excited at the time
much comment. As there has been some specu-
lation as TO how the question Of the separate
State existence Of West Virginia viii be
decided when it may arise before the supreme
Court, IT may not lie uninteresting 10 set out in
advance how. in accordance with their own
former decisions, this august tribunal must
necessarily determine in the premises.
Several matters must. however. be firt pre-
missed. 1t viii be remembered that tho first
Legislature convened at Wheeling. claimed to
be the Legislature of virginia-ofa all Virginia,
and that IL was recognized as suoh by tbs adj
mission of the Senators, Mr. Wiley aud Mr.
Carlile elected by it., and also, again, by the
recital in the act providing for the admission oi
West Virginia, passed by both houses Of Cen
gress, and approved by tbs President, that
A" the Legislature Of V'rgisia" had given its con-
sent TO the partition Of the State.
1t will not be deniedb any one chat. in virtue
of the Constitution of The United States, Art.
w., Sec 3, the Legislature Of State. acting in
concert with Congress, may partition the STATE.
As Congress has certainly done Its part in The
matter, and as the Wheeling Legislature, above
referred 10, acted in cooperation with Congress,
the question reduces itself 10 this-IIow viii
the Supreme Court view the Wheeling Lcgi,la-
Iurel For if the court msst regard this a.
naving boon the rightful Legislature ofVirginis,
.ilen, Of course, tho State must have been, in
It's view, consttuiionolly divided. Les ma
hen consider this qucstioH-Which OF the two
'ival Legislatures, convened ut Wheeling and
respectively. must tho sspreme
Court regard as having been the Iightfl Legs.
aturc Of virginial ...
A question psci+ely similar 10 thishas al
-esdy been decided by the Supreme Court in
he cause Of Martin Luther agt. Luther NJ.
Borden" Howard, p. !, growing ont Of the
.roubles in Rhode Island in Ie4l-2, commonly
known as tho Dop Rebellion. The following
s brief recital of its circumstances.
1t is well known that, until the Constitution
,f 1913, Rhode Island preserved tho old charter
Df Charles H., Of 1868, TX the basis Of hor polity
The restrictions On tho right Of suffrage con-
fancd in this instrument produced widespread
iiscontent, and many fruitleSs efforts were
made " petition and remonarance 10 induce
The Legislature to take steps toward the adop-
ton Of more liberal rule. AZ last, exaspeIated
by Their i'll success, multitude of remonsiraIds
took the matter into thois own hands, 1nd,
although unauthorized by any law of the exist
ing Government, proceedings were had, rcsulting
finally in the election of Convention to frame
a Constitution TO be submitted to tho people.
Accordingly, the Convention formed Consti.
tuition, submitted 1t to the popular vote, received
returns Of the votes, declared it TO have been
adopted as the fundamental law of Rhode LII.
and, communicated this decision to tho Charter
Government; and directed elections TO DO bsid
Tor members Of The Legislature, Governor &c
The elections we've duly held, and II. w
Dorr, the new Governor, with i,.,o new Ioris.
lature' assembled ct PrOYb, ence Nav q leaa.
and proceeded TO orgo-'', ia tbo nav Government
NO onA''ef 20 ,ernment, however, declared
s.s', p'sVe ,dings to be mere usurpation, and
p'o',a'~ cd its intention to protect the legal and
cons' -utional rights of the people OF the State.
va the other hand, Dor announced his deter.
mutation to maintain tho authority of tho new
Government, whcroupon the Charter Govern
ment declared the State under martial law, and
tho TASK of crushing tho rebellion.