Daily Richmond Whig. [volume] (Richmond, Va.) 1865-1869, 1865-12-01
Admission of the Virginia Members of Congress
II, the Editor Of THE Nclg York Times:

Admission oil the Nlrslhlu hcmDcrs VI S"hSiess'
10 the Editor IF the Ncl9 York Times:
In common with others, citizens of Virginia, de-
sire if YOU please to elicit your opinion regarding
the course which the Clerk OF the House Of Repre-
sentatives is required by law to persue, and Will
probably pursue, in the matter OF admitting the
members elect III the OF that state acase quite
peculiar in its circumstances, and separated thereby
from offices in which he will have to act. l there
fore ask leav to advert to of these crculnsan
ces which satisfy me, and believe many Others,
that the only question which can occur upon Their
adm.s on in the first instance IS that relative to
their ability TO take the prescribed oath.
The law under which the Clerk is required to act
provides in these words: " That before the first
meeting of the next Congress, and oil every subse-
uuent Congress, the Clerk of the next preceding
House of Representatives. shall make roll oil the
representatives elect, and place thereon the names
of all persons and of such persons only, whose Gre
deptias show that they regularly elected in ac-
cordance with the lalrS IF hcT States respectively
or the laws of the United States"
In the case of Virginia, the credentials to be pre-
sented by the members elect will show, in regular
FORM that they were duly elected, according TO the
laws of the State and under this law IL is clear that
TO exclude them from the roll the Clerk must inst
assume that the State organization is illegal which
would have sequences as to law very important and
Objectionable.
When the State Government OF Virginia was re-
organized in 1861, the question arose as to the le'
gallty of the organization elected ana now opera
ments of the government, each acting in It's proper
sphere This question the executive branch, under
advice of the AttOrney-Genera ut once decided
atrmatvely, and in several official transactions tuily
recognized the reOrganlzed states as legal partcu-
larlv in accepting officers commissioned by Governor
Peipoint for the service of the General Government
and in paying over TO that functionary forty thou
sand dollars on account of an admitted claim held
by the State Government upon the Government OF
the United Staes-Virgniu's share OF the proceeds
of sales of public lands, which the State had for
years declined to receive
In the Senate the question came I'm lSbl, III tic
admission of Messrs. Garlic and Wiley TO ill the
places of Messrs. Hunter and Mason, when the
ground was taken by leading Senators, among whom
NAV be mentioned the lamented Senator from Yer
mont Mr.. Collamer, whose high personal character
and distinguished ability rs a lawyer and statesman
command respect for his opinion that the question
us to the identity and authenticity OF an organlla
ton, claiming to be received as the lawful govern
ment of the State, was dependent on executive le-
cOCnitiOn; that, when this was accorded, 1t was
conclusive as regards the other departments OF the
government. This view which was supported by
reference TO decisions of the Supreme Court seemed
to control the action of the body in admitting claim
ants to the seats occupied before by McsSlS. Mason
and Hunter as Senators from Virginia.
In 1858 the House OF Representatives concuned IN
the recognition of tue present State Government
given by tue Executive and the Senate, IN TINS that
II accepted the assent OF that government rs sup
for the division OF State, in the case OF West IT.
ginia, whose standing in the American Union de-
ponds on the validity of the assent accepted. In
the discussion which took place on this subject IN
the House. the question OF the legality OF the 60
vernment of Virginia, then acting under recognition
of the Executive Department and the Senate, was
raised but decided ailrmatively by the House, Mr..
ColfaX coming down from his seat as Speaker to
take part on the affirmative side of the debate, which
he did with more than his usual ability. lie opened
his speech in the following words:
Two things are required by the Constitution OF
the United States for the admission of the new State:
First the assent of the Legislature OF the state out
of which ii is to be formed; and secondly, the as
sent of Congress The decision thus turns 10 great
extent upon the question whether the Governor now
acting the Governor of Virginia, and residing ut
Wheeling, and the Legislature to which lie commr,
nicates his messages are really the Governor an
Legislature of the loyal State of Virginia. ] think
they are and that the history OF events in Virginia
will prove the fact
After succnct and forcible narration of the
events TO which lie alludes Mr. ColfaX draws the
following conclusion:
Il say, then, that not only tue two legislative
branches of the Government, but that the Prcsi-
dent OF the United States, and the various members
of his Cabinet. have, without dissent and without
protest as far as | have heard, by any one, up IL
this day recognized Governor Peipont and the
Wheeling Legislature as the rghtiul authority in
Virginia, and II therefore seems TO be settled and
conc luded question.
When the vote was taken, all the Republicans,
with one exception that OF the present writer voted
in the affirmative Mr. Mcpherson, the present Clerk
being included in this majority, as member from
Pennsylvania.
In 1864 Mr. Chase then newly become Chief jas
tice of the Supreme Court of tine United States, find
ing that the name of West Virginia had' up TO that
time been omitted from the list of states caused II
10 be inscribed thereon, thus affirming the consttu-
tionalitv of the act admitting West Virginia on the
assent thereto given by the present government OF
Virginia, involving, Of course the legality OF the
latter. ~,
PLerson cannot conclude TO reject from ms list te
names of the members elect in the case oil virginia,
without thereby compromising his own position in
the vote given by HIM for the admission oil West
Virginia, and contravenng principle affirmed and
acted on in matters of the first importance ny Tue
highest executive, legislative anu JuuIe4al ueP1''
ments of the government
In the foregoing do not desire to he understood
rs advancing any opinion as To the aULIity 10 laAc
the prescribed oath of the members eject III 'Hs
case which is in fact, matter Altogether OUTSIDE oil
that in which the Clerk Is to act Ieh tnty cone D
10 he sworn if these members cannot take the OATH
the law will exclude them as a matter oil course
II understood however that SIX out oil the elg ut
are willing TO be qualified according to law.
Neither would like to be understood as SUNG ior
the admission of any Southern members OF Congress
10 the floor of the House, to do which II desired H.
would be altogether unauthorized. The manner IN
which the parties elected will act IN REGARD 10 the
question of their admission Is oil course d mater
which they must decide for themselves For my own
part however, have no idea that congress WIZ pe
troubled by them with opportunities on the SUBJECT
The point of interest is one of legal principle, con-
corning the organization of our highest Legislature
and subject of serious consideration to the country
at large.
The desire TO induce an expression of your views in
the case of the Virginia members is my apology for
taxing your kindness to give place 10 my own com
paratvely unimpoItlnt opinions ON the subject.
/ | in
MARTIN r. CONWAY.
/ RICHMOND Va, Nov. %, 1855.
Horrible Murder of an Entire Family
| ALBANY, November 29-On Monday night uie
/ family of Daniel Walrath. of Manhim, HerkimeI
] -. L:...-lE Ii, nnl n Lnnnhter twelve Xear-