New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-06-21
NEW YORK DAiLy TyIBUNE TUESDAY JUNE 81 1864

In the conflict that ensued, Martin Luther, an
adhcrcnt of the new government, was arrested
by Luther nj. Borden, an officer Of the Charter
Government.
Finally, the Charter Governor invoked the
assistance of the General Government, and, the
President preparing to comply with his appiica-
ton, thereupon tho Door party sucoumbed. After
quiet was restored, Martin Luther brought an
action Of trespass against Luther NJ. Borden for
arresting him as above stated, in the Circuit
Court of the United States for Rhode Island.
The defendant set up the authority Of his Gov.
arnment. which had declared martial law, and
authorized the violence complained OF. The
r,o;r,,,. on tho other hand, insisted that his
was the riphtiul l.v;;sSrnment of the State at
the time, which position he proposed to sustain
by proof of the number of votes cast for the
new Constitution. But tho Court rejected tho
proof, and ruled the law in the defendants
favor, whcreupon the plaintiff appealed to the
Supreme Court.
Now, Let it be borne In mind that the ma
terial question here was the very one we are
considering. namely, which Of two rival State
Legislatures was the rightful ono' Let us OBJ
serve how the Supreme Court disposed Of it,
The Court sustained the Circuit Court in re-
jecting the proof Of the number of votes cast.
The question, they said, could not be thus do
cded by Court. 1t was, indeed, not judi
eial question at all, but political one. Only
the political power could decide it. Its deciS-
ion, when given, was binding on the Courts,
which must take notice Of il and govern them
selves accordingly. Improperly lay with Con-
gress to determine such controversy. by the
act of Feb. g, 1895, Congress had delegated
the jurisdiction in cases arising under the act
of which that before the Court was one-to the
President. If the contest had lasted long
enough for the Dor Legislature to elect Sena.
tors. and they had gone to Washington and sp'
piled for admission, their admission or rejection
would have settled the matter the one way or
the other. But. as the Charter Governor had
applied TO the President for National assistance,
and the President had recognized hT~ as the
rightful Executive Of the State, this was final
determination of the controversy in favor OF the
Charter Government, which the Courts were to
look TO az conclusive upon them. Consequent
ly, the defendant was justified by the authority
of his Government in arresting the plaintiff, and
not liable as trespasser.
According to this decision, uisn. the qucslioa
between the Wheeling and Richmond Legisla-
lures was q political one to 10 conclusvely
decided by the political power. We havealso
seen that it rss decided, in tho very way
suggested by the Court in the above cause, to
wit. by the admission of its Senators, and also
that il was further Ibid TO rest by the explicit
recognition Of tho Wheeling Legislature as the
Legislature of Virginia, in an act passed by
beth houses Of Congress, and duly approved by
tho President. The conclusion Ia irresistible.
Tho Courts must take notice Of the decision Of
tho political power, and govern Themselves
accordingly. Virginia having been par6tioned
by the cooperative acts Of Congress and of
Legislature which the 8up<sme Court is bound
by its own express adj adie alton To rcgarbg' he
rightful Legislature Of Virginia, this Ooart is
compelled to consider West Virginia as having
been constituti0nally admitted among tho stars
Of our National constellation.