The Norfolk post. [volume] (Norfolk, Va.) 1865-1866, 1865-06-22

the State, which was to reduce the num-
berof members in each House of the Cen
eral Assembly necessary to constitute a
quorum to do business. They directed
that the seat of government should be
for the time being at Wheeling. Before,
the State was divided, the Legislature
passed an act directing the Executive, |
upon the organization of the new State |
of West Virginia, tOsestablish the seat
of government within the State at such
place as.he might deem fit. | chose
Alexandria. b"@
The authority of this proceeding is de-o
rived from the fourth section of the
fourth article of the Constitution ofs'tl1e
United States, which is as follows :s
"'rhe United States shall guarantees to !
every State in this Union a republican |
form government, and shall protect
each of them against invasion; and, ON
the application of the Legislature or OF
| the Executive, when the Legislature
cannot be convened,) against domestic
| Violence
This clause was inserted in the Fede-
raj Constitution to protect the minority,
or the party weaker in available strength.
Mr.. Madison, in the F6de1'dtist, speak
| ing of this clause, says:
"At first view it might seem not to-
square with the republican theory to,
| suppose, either that the majority have
not the right, or that a minority will
| have the force, to subvert the governs
ment, and consequently that the Fede-
raj interposition can never be required
but when it would be improper. But
theoretic reasoning in this, as in most
other cases, must be qualified by lessons !
of practice. Why may not illicit COM
binations for purposes of violence be
formed as well by a majority of a State,
especially small State, as by majors
ty of a county or n district of the same
| State? g
Among the advantages of a confederate
Republic enumerated by Montesquieu, |
an important one is, that should popu-
lag instruction happen in one of the
States. the others are able to quell it.
Should abuses creep into one part, they
are reformed by those that remain
sound
The Supreme Court of the United J
States, in the ease of her Us. Borden,
which crew out of the Dorr nsufrection
in Rhode Island, fully construed this
clause of the Constitution. In an elab-
crate opinion given by Chief Justice
fancy, he says:
aCongress, by the act of February
2Sth, 1895, provided :" that, hi case of in
surrection in any State against the gov
eminent thereof, il shall be lawful for
the President OF the United States, on APP ]
plication of the Legislature ofsuch State,
or of the Executive, when the Legisla-
ture cannot be convened, to call forth
such number of the militia of any other
State or States rs may be applied for, as
he may judge sufficient to suppress such
instruction"
"By this act, the power of deciding
\ s,a mn
which the government Of The United J
States is bound to interfere, is given to
the President He is TO act upon the 7
application of the Legislature, or of the
Executive; and, consequently he must
determine what body OF men constitutGX
the Legislature, and who is Governor,
, before he can act"
In regard to the form of government
, named in this clause of the Constitution,
the same Judge, in the same case, says: y
sUnder thisarticle ofthe Constitution,
it rests with Congress TO decide what
, government is tho established one i'll a
State. For, as tile United States guar J
antee to each State a rcpublican govern
ment, Congress must necessarily DECIDE
. what government is established in the
State before il can determine whether it'll
is republican or not. And, when the1
Senators and Representatives. of a State
arr admitted into the councils OF the
Union the authority of the government,
under which they are appointed, as well
as the republican character, isreeog AizettM
by the proper constitutional authority,
And its decision is binding onevery oths :
er department of the government, and
cannot be questioned in a judicial tribu-V
nal n-[7 H0tUdrd, Jojted States Reports |
PIP. AZ, 49, 9fatl @j ~
The Chief Justice, in the course of his
decision in the above case, repeats the ]
idea that determining whether the fornlf
of government is republican in a State,
and when it is proper for the United
States to interfere to protect against in
4 vasion OF domestic violence, are purely !
political questions: the one TO be decided
by the President, according to an act OF
Congress passed in 1875; the other bys|
Congress-; and, when decided by thesei
authorities, the decision is conclusive.
and incapable of reversal or alteration, d,
4 The President of the United States, as
/ have already stated, has recognized the
executive of the restored goverhmentofc
Virginia as the rightful Governor of the.
State. Both Houses of Congress laYe,'
admitted to seats in the councils
of the Union Senators and Representa-
tives bearing the great seal,of the State.'
SIX litli,
the law and the Constitution of the /,
4 United States (as interpreted by the SUI
preme Court and the acts of the STATES
and the United States are concerned the (.
restored government of Virginia, as esd
tablished by the Convention which as !!
sembled at Wheeling on the 18th day Of
June, 1861, is the rightfui and lawftll y
government of Virginia. az epiniast
The only question which remains fqru,
discussion is, was the establishment of !,
this restored government in accordance
with justice and the spirit OF our fepubqn
liean Institutions? | maintain that it o.
was. a +,
The natural condition of civilized man
is in organized governments. Allegiance
to the government is a natural duty Of
the citizen, and he has a natural right
to protection by the government. iHhisn
protection extends TO his property, his
reputation, his person, and his. life.
| This right of protection belongs to him, \
not only While on his homestead, in the p
bosom of his family, but wherever. lhe,1E
may go. Allegiance and protection are "
inseparably Connected; and, as long as,
the citizen is true to his government, !,
| the government is bound to protect him; .
| the obligation and the duty are reciprDe,1 y