The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1866-08-21
Is WESTERN VIRGINIA 4 STATE
IN THE CNION.-OPINION OF
CHIEF JUSTICE CHASE AND
THE LATE SENATOR COLA.
MER.

SkhhEF SSSIHNH SBhASE AMI
THE LATE SENATOR COLA.
MER.
We present to our readers to-day the hith-
crto unpublished opinion Of Chief Justice
CuAsE, touching the constitutionality Of the
admission of West Virginia as a State into
the Union, and the legitimacy and constitu-
tionality Of the Wheeling government of the
State Of Virginia-the same government
that was subsequently transferred to Alex
andria, and still later, at the close Of the re-
bellion, TO Richmond This opinion was
given by Mr.. CHASE while Secretary Of the
Treasury, and it is now rumored that he
holds that the admission of West Virginia
was unconstitutional.
The whole question Of the constitutionality
of that act depended upon another and more
important question, viz :"Was the Wheeling
government of Virginia the legal and con-
stitutional government Of that State, and
tp,s qualified TO give the consent required
by the Constitution to the division of the
State and the erection Of a new State within
its limits -
If said Wheeling government was the
legal and constitutional government Of the
State in 1861 and 1862, and as such entitled
to representation in the Senate and House of
Representatives then, of course the same
government, as transferred to Alexandria,
and subsequently, to Richmond, under the
same Governor-FRANcIs II. PIERPoyT-is
the legitimate, legal and constitutional gov
eminent Of the State Of Virginia now. and
US such is entitled to representation in the
Senate and House Of Representatives now
In 1861, when Messrs. CARLILE and VII
LEY presented themselves for admission to
seats in the Senate as Senators from vir.
ginia, with credentials from the Wheeling
government, their admission to seats was
objected to on the ground that that govern
ment was IN usurpation and not the legal
and constitutional government Of the State
After long discussion on the question oil
referring the credentials to the Judiciary
Committee, Judge CoLLANER, speaking for
the Republicans, laid down the following
sound conservative doctrines regarding the
powers OF the Senate and Executive
First, it is said that this is q certificate
'o'ns 'io.n no" so'oiens VI nsna,
new oEsahAa n sePara 20 rom ZOE .ne resi-
%, tne S 'Sa on' ac.ing ior ,ne o'ate as
proceeding; we are now judging Of the quail
ifcation Of our members. 1t is not at all
an uncommon thing in our highest tribunals
that points arise in the investigation Of cases
where the court are constrained to say that
is a political question; with that the courts
have nothing to do For instance: whether
loreBh government rceehtiy commenced
mas pecoihe IN INDEPENDENT PeoPie-Whetner
nationNis not No a MONT On which the con IT.
can decide, That is a political question.
and if the executive head Of the Government
has received ministers from that Power, re.
vognized II as rover on ear.h, me courts
IL r;abt or wrono II IL n m.tter Of noI;t;
cal action. and The political mower ia what
settles it, and we cannot examine into it any
more.
IN analogy 10 lhat' IN TINS judicial pro
fact that The CovorDmont or V;rn;r;: ,h tnt
has executed these paners and sent them N
us, is recognized by our Executive ? They
have called on him for militia, and have re-
ceived miii.ia rom nun M nerecogn,zes mem
1S. m a w - - ss,,isS Tbo-o Is M 20 pc
casjon Tor our inauirinp further into that
We, as a judicial body, on this question
haze nothing TO do ,0'th that. Here is the
Executive OF that State recognized by the
m Ms. NV ~ . ,his goV Whn,s' snere rs ~.
,,ro.cedin~s ,ni:Lt ho ;ns,;,,,taa a W ~
call on our Executive to know whether he
did this rightfully or not, is altogether diff
ferent affair. They are de fdcto The Govern,
mem , tfc tfn," 'y u.s. "ena'e no more To
T ~ - " p.,,. s,,
p Pay =, 'H' 'en
a.e' .Ao'uun's soAsh" snuo'seu 'ne u'o'e
Wu, " ,t nJ s,. " A Tta "a a."s ., anu
Was.rS I R,x,sn R,,aur pows' V' p ., "