Daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1859-1865, 1864-06-23

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The State or Went Virginia.


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From the New York Tribune. . : 60
The State or Went Virginia.
At the April Term of the United States
Circuit Court at Nashville, recently ad.
journed, aaWest Virginia cause came M
for trial. The attorney for the plaintiff
proceeded toread- his declaration: "a. B /,
citizen of the State of West Virginia, by
attorney, compliance" &C., when Mr.. Jus.
tice Oatrou of the Supreme Court of the
United Stares, presiding alone in the alb.
sence of the District Judge, directed the
yves" to be stricken out, remarkiuR that
he knew of no State of West Virginia.
This dictum falling from a member of
the supreme Court, of course excited at
the time much comment. AS there has
been some speculation as to how the Ques
ton of the separate State existence of
West Virginia will be decided when it NAV
arise before the Supreme Court, it may not
be uninteresting to set out in advance
how, in accordance with their own former
decisions, this august tribunal must neces.
sarily determine in the premises
Several matters must, however, be first
promised. II will be remembered that the
first Legislature convened at Wheeling
claimed to be the Legislature of Virginia.
of all Virginia; aud that it was recop.
nized as such by the admission of the
Senators, MIR. Wiley and Mr.. Carlile,
elected by it, and also, again by the reci-
tai in the act providing for the admission
of West Virginia, passed by both houses
Of Congress, and approved by the Presi-
dent, that "ths Legislature of VIrginia' had
given its consent to the partition of the
State.
1t will not be denied by any one that,
/ n Vi ri Of ha 81. II. i
States, Art. W., Sec. 8, the Legislature of
a 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 refer.
red to, acted in CO. operation with Con-
gress, the question reduces itself to this
How will the Supreme Court view the
Wheeling Legislature2 For If the Court
must regard this as having been the right.
full Legislature of Virginia, then, of course,
the State must have been, in its view
constitutionally divided. Let us then con .
slider this question-Which of the two rival
Legislatures, convened at Wheeling and
Richmond, respectively, must the Supreme
Court regard as having been the rightful
Legislatqre of yirginia2 -
A question precisely similar to this has
already been decided by the Supreme
against Luther NJ. Borden" z Howard, D
1, growing out of the troubles in Rhode
| Island in 1912, commonly known as the
Dorr Rebellion. The following Is q brief
recital of its circumstances aJ4
1t is well known that, until the Consti-
tuition OF 1943, Rhode Island preserved the
old charter of Charles H., of 1868, as the
basis of her policy. The restrictions on
the right of suffrage contained in this in
strument produced wide spread discomfort,
and many fruitless efforts were made by
petition aud remonstrauce to induce the
Legislature to take steps toward the adop.
ton of q more liberal rule. At5last, exas-
perated by their ill success, multitudeof
remonstrants took the matter into their
own hands, and, although Unauthorized by
any Law of the existing government, pro-
ceediugs were had, resulting finally in the
election of Convention to frame Con.
stitution to be submitted to the people,
Accordingly, the Convention formed a Con-
stitution, submitted it TO the popular vote,
received returns of the votes, declared it
to have been adopted as the fundamental
law of Rhode 1sland,s communicated this
decision tothe Charter G Government; auddi-
reetedz elections to beheld for members of
the Legislature, Governor, &c. The cleo.
tions were duly held, aud ThomAsW. Dorr,
| the new Governor, with the new Legisla-
tureis assembled ct Providence, May 8,
1912, aud proceeded to organize the new
/ lGoyernment. The Charter Government,
however, declared these proceedings to be
mere usurpation, and proclaimed its inten.
/ tion to protect the legal and constitutional
rights of the people of. the State On the
other hand, Dorr announced his determi.
nation to maintain the. authority of the
/ new Government; wherenpon the Charter
GoVernment declared the State under mar.
tial law, aud undertook the tack of crush
ing the rebellion: In the conflict that
ensued, Martin Luther an adherent of the
new government, was arrested by Luther
i n. Borden, an officer of the Charter Gov
ernment. . iA7a bsE = al9i z.1.i' 80 .
Finally, the Charter Governor invoked
\ the assistance of the General Government,
aud. the President preparing 70 comply
with his application, thereupon the Dorl
party succumbed. After quiet was re.
stored, Martin Luther brought an action
of trespass .against Luther NJ Borden for
Rrresting him. as above stated; in the Cir.
cult Court Of the United States for Rhode
Island. The defendant set up the author.
ity of his Government, which had declared
4 martial Law, and authorized the violence
eomplsined of. The plaintiff, on the Other
Fhand, insisted that his was the rIg6ffu
Gogeramept aofTthel State at the time
sl which position he proposed TO sustain by
lProofofs the number of votes cast for 4hl
tneW Constitution. But the Court reiectet
the proof, and ruled the law in the de
fendant's favor, Hherenpon the plaintiff
8 lsppealed TO the Supreme Court. uvss
2 Now, let it be borne. in mind that thl
j material question here, was the very on
j We are Considering. namely, which Of th
two rival State Legislatures was the righ
fol ons3 Let rs observe how the Suprem