The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-04-04


contractors keep up their braying, they will
force upon the attention of the public the fact
that the Board Of Health, though perhaps not
a supernatural visitant is at least commission
not amenable to the ordinary means of
political persuasion and fully disposed to dis
charge its duties in the public interest without
fear or favor.
SAFETY OF Our MONITORS ON THE OcEAN.-Our
Monitors have been submitted to the severest
test to which, in any event Of foreign warfare,
it may be necessary to subject them-namely,
cruise round Cape Horn to San Francisco;
and the seagoing qualities Of this class of yes
sells have been most successfully displayed, in
so far as the Monitor Monadnock has arrived
safely at Valparaiso. The official dispatches
ment show that the Monitor, in company with
the Vanderbilt, Powhatan and Tuscarora, had
reached that port on the LIST of March, after an
agreeable voyage in the Atlantic and Pacific
and through the Straits Of Magellan and the
intricate Sarmiento channels. "In the long
seas of the Pacific" says Commander Rodgers,
~ observed that the Monadnock took very
easily and buoyantly." Thus the capacity of
our Monitors for long and dangerous sea
voyage is sufficiently established.
Five years ago we had no iron-clad navy.
The first experiment we tried was sending an
armed "cheese box" into Southern waters at
the outbreak of the rebellion; but now we
far excel in this class o. vessels anything
ko;tl
although they have had many years experience
in the business. They are afraid to send their
iron-clads on a long voyage; indeed, in Eng
land they can scarcely launch them at all with
safety. The Emperor Napoleon sent out some
time ago to Vera Cruz one of the first class
French iron-clads with portion Of his military
expedition, but the safety Of all on board was
constantly endangered, and he was only too
glad to recall her to France, while our vessel
has just completed one of the longest known
voyages, except that from England to India
and Australia. Another splendid iron-clad,
the Roanoke, is now ready, fitted out to start at
any moment for the coast of British America TO
protect our fishermen in case any difficulty
should arise from the abrogation of the treaty
According to the report of the Commander OF
the Monadnock her machinery worked WI,
with the exception of temporary disorder in
one OF her condenscrs, which was soon repaired;
and also that she made good speed, sailing a.
a maximum rate of hundred and ninety-ive
knots day and minimum rate of hundred
and fourteen. So that the first Monitor which
has attempted lengthy voyage has established
a reputation both for safety and speed.
THE PRESIDENTS PROCLAMATION AND WESTERN
VR0NIA.-Careful readers Of the peace pro-
clamation of President johnson, which we pub
lished yesterday, will have noticed the cautious
manner in which he refers to Western Virginia,
He says nothing about the State Of Western
Virginia, but speaks of 1t as "that part Of the
State OF Virginia lying west of the Allegheny
Mountains" and as "certain specified counties
in the State Of Virginia." and as "the forty
eight counties of Virginia designated as West
ern Virginia" In an official document Of such
importance every word has doubtless been
carefully considered, and these cautious de-
scriptions Of Western Virginia mean som ,thing
more than appears on the surface What do
they mean? Does the President doubt the con-
stitutionality of the act creating the State of
Western Virginia! The article of the consti-
tuition in reference to this matter is as fol-
lows:-
Unon but State shall be formed within
the jurisdiction OF auy other state, any State be
formed by the junction Of two or moro Stacs or parts Of
sintcs, without the consent Of the Legislatures Of the
States concerned US well as OF the Congr ss.
Now II is, o. course, conceded that the new
State Of Western Virginia was formed or erec,e ed
within the jurisdiction Of the original State
Of Virginia. The legal question involved will.
therefore, turn upon two issncs:-First, whether
the last clause OF this article that in regard to
the consent of the Legislatures concerned
| extends TO the formation Of new States within
the jurisdiction of other States, as well as to
the formation OF new States from parts of old
States. Second, whether the consent OF the
Legislature OF Virginia was granted when the
new State of Western Virginia was formed.
The first point Is very nice one, and rests
principally upon the grammatical construction
of the article. The second point involves the
issue as TO whether the so-called loyal Lcgisla-
turc of Virginia, sitting at Alexandria during
the war, was the legal Legislature of the State.
or whether the rebel Legislature, sitting at
Richmond, was the genuine body. The consent
OF the Alexandria Legislature was obtained;
that Of the Richmond Legislature was not
asked. If the President enteriains any doubt
upon this subject, the whole matter will have
to come before the Supreme Court for its de-
cision.
THE New JERSEY DEAD LocK-SEyAroR
ScovEL MASTER or THE SrrrArroS.-Senator
Wright, democrat of New jersey, has risen
from his sick bed and gone to Washington to
he r.aav for the vote on the question Ia the