The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1865-12-01
Claim of the virginia COnEressmen
Elect 10 Seats I'm the House,

next House of Representatives. The
argument is an ingenious one; and it be
ing based on the recognition by the
Government of the Restored Govern
ment Of Virginia, in the admission of
West Virginia, and other acts, we lay it
before our readers, as possessing local
as well as national interest:
In the case of Virginia, the creden-
tials to be presented 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 it is clear that TO exclude them
from the roll, the Clerk must first as
sumo that the State organization is ille-
gal, which would have sequences as to
law very important and Objectionable.
When the State Government of Nir-
ginia was recognized in 1851, the ques-
ton arose as 10 the legality of the or
ganization effected and now operative,
and was duly considered by the several
departments of the government, each
acting in its proper sphere. This ques-
ton the executive branch, under advice
of the Attorney-General, at once deci-
ded affirmAtively, and in several official
transactions fully recognized the re-
organized State as legal, particularly in
accepting officers commissioned by Gov.
Government, and in paying over to that
functionary forty thousand dollars on
account of an admitted claim held by
the State Government upon the Gov
eminent ofthe United States-VirginiR'
share of the proceeds of sales of public
lands, which the State had for years de-
clined TO receive.
In the Senate, the question came up
in 1861, in the admission of Messrs. Car
lille and Wiley to fill the places of
Alessrs. Hunter and Mason, when the
ground was taken by leading Senators,
among whom may be mentioned the la
mented Senator from Vermont. Mr.
Collamer, whose high personal charac-
ter and distinguished ability as law
yer and statesman, command respect
for his opinion, that the question as to
the identity and authenticity of an or
ganiZation, claiming to be received as
the lawful governments of the State, WINS
dependent on executive recognition /;
that, when this was accorded, il was
conclusive rs regards the other depart
ments 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 adj
hitting the claimants TO the seats occu-
pied before by Messrs. Mason and Hun
ter as Senators from Virginia.
In 1858 the House OF Representatives
concurred in the recognition of the pres
ent State Government given by the Ex-
ecutive and the Senate, in this, that it
accepted the assent Of that Government
as supplying the prerequisite stipulated
in the constitution for the division of a
State, in tho case of West Virginia.
whose standing in the American Union
depends on the validity of the assent so
accepted. In the discussion whicht took
place on this subject, in the House, the
question of the legality of the Govern
ment of Virginia, then acting under re-
cognitiOn of the Executive Department
and the Senate, was raised, but decided
afiirmatively by the House, Mr.. Colfax
coming down from his seat as Speaker
10 take part on the Affirmative side of
the debate, which he did with moro than
his usual ability. Heopened his speech
in the following words:
1.-Two things are required by the Con-
stitutiOn OF the United States for the
admission of the new State: First, the
assent of the Legislature of the State,
out of which it is to be formed; and
secondly, the assent of Congress. The
decision thus turns, to n great extent
upon the question whether the Cover
nor now acting as the Governor of Vir-
ginia, and residing Mt Wheeling, and
the Legislature to which he communi-
cntes his messages, are really the Gov
ernOr and Legislature of the loyal State
of Virginia. think they are, and that
the history of events in Virginia will
prove the fact"
Amer n succinct and forcible narra-
ton of the events to which he alludes,
Mr.. Coliax draws the following conclu-
sion:
81 say, then, that not only the two
legislative branches of the government,
but that the President OF the United
States, and the various members of his
Cabinet, have, without dissent and
without protest, as far as l have heard,
by any one, up to this day, recognized
Gov. PeirpOint and the Wheeling Leg
islature as therightful authority in Vir-
ginin, and it therefore seems to be a
settled and concluded question"
When the vote was taken, all the Re
publicans, with one exception, that of
the present writer, voted in the affirm
alive, Mr.. Mcpherson, the present Clerk,
being included in this majority, as a
member from Pennsylvania.
In 1864 Mr.. Chase, then newly become
Chief-Jnstice of the Supreme Court of
the United States, finding that the name
of West Virginia had, up to that time
been omitted from the list of States
caused 1t to be inscribed thereon, thus
affirming the constituttonality of the
act admitting West Virginia on the as
ernment of Virginia, involving, of
course, the legality of the latter.
In view OF these facts, is 1t not clear
that Mr.. Mcpherson cannot conclude
to reject from his list the names of the
members elect in the case of Virginia
without thereby compromising his own
position in the vote given by him for
the admission of West Virginia, and
contravening a principle affirmed and
acted on in matters of the first impor-
lance by the highest executive, leUfsla-
tive and Judicial departments OF the
Government.
Mr.. Conway, does not, however, urge
the admission of the other Southern
members.
Neither would l like to be under
stood as suing for the admission of any
Southern members of Congress to the
floor of the House, to do which, if de
sired ii, would be altogether un-
authorized. The manner in which the
parties elected would act, in regard to
the question of their admission, is. of
course, n matter which they must de.
eide for themselves. For my own part.
however, I have no idea that Congress-
will be troubled by them with importu-
mites on the subject, The point of in
terest Is one of legal principle, concern
ing the organization of our highest
legislature, and II subject of serious con-
Sderation TO the country at large.
-~SS-
The New York Herald classifies the
members of Congress rs follows: Rndi-
cal Republicans So, Conservative Re
publicans IS, War Democrats 80, Cop