The West Virginia journal. [volume] (Charleston, W. Va.) 1864-1877, 1866-10-10

OR4n4ln Of Hon: Salmon-P. Chnsa
i:s;14 Regard to, the C0nsttt
~ 0f the Admission Of West Yir-
Etnia. ~ t+'s [''i1 20 ''71@ &',Ei .
- go. r.GI 20 .V74s sksEse .,.s !;t.: ~;
:, Tbe following interesting document has
recently been made public: .,s.,, ,,.,,9.
>ss. =ua2 asy4,:sztT TsEAsuW ,DxrasrxESr,,. ii
li,.r,a ~. .i,;, December 2sth, =, 1892. { J,
j .Er: Ny most thoughtful. attention has
boca given To the questions which you, haro
{peopoeelto u. ss.ths.hsad, ,oi ooe,6f thu Do,
apartments, touching the act Of Congress I'D.
hitting the State Of, West Virginia into tho
Union. Tho questions proposed arc two: So
- 1st-Is the act constitutional 2 ., .,, ..,s.:
.M-ls tho oct expcdiontS ..., .......'
,lst In my Judgment tho sot is oons!ita-
tional. In tho convention which framed tho
constitution, tho formation Of now statos was
much considered. Somo Of tho ablCst, mon in
tho convention, including al, or nearly all,
the delegates from Maryland, Delaware. and
New Jersey, insisted that Congress should have
po,uer to form new States within the limits Of
existing States, without tho consent Of the
latter. All agreed that Congres, should
have tho power, NTH TINT consest- Tho result
Of delibcration was the grant to Congress, Of a
general powcr to odaat now States, with a limit
on its exercise in respect to States formed with
in tho jurisdiction Of old States, or parts Of
such, To cases Of consent by tho Legislatures
Of States concerned 49,. ...,... ....
Tho power OF Congress to admit tho State
Of West Virginia formed within tho existing
State Of Virginia Is clear, Il tho consent Of tho
Legislature oftho State Of Virginia has bccn
given. That this consent has boon givcn cannot
be denied, unless tho whole action Of tho cxccu.
tive and Legislative branches ofthe Federal Co
vcrnment for tho last eighteen months has been
mistaken, and is now to be reversed. 10
In April, 1861, convention Of citizens Of
Virginia assumed to pass an ordinance Of So
ccssion, called in rebel troops, and made COM
mon cause with tho instruction which had
broken ont against tho Government O. tho
United States. Most Of the persons exercising
the functions Of State government in Virginia
joined tho robels, and refused to porfor,n their
duties to the Union thoy had sworn to sup
port They thus abdicatcd thcir powers Of
government to tho Unitctl States.
But largo portion Of tho people, n number
Of mcmbcrs Of tho Legislature, and sornc ju.
dicial officers, did not follow their trcuSonablc
example. Most Of tho members who remained
faithtul to their oaths, met at Wheeling and
reconstructed tho Government Of Virginia, and
elected Senator'S in Congress, who now occupy
their seats IS such. Under this reconstructed
government Governor has been elected, who
now exercises executive authority throughout
the State, except 50 far as he is excluded by
armed rebellion. BY repeated and most signi-
Acant acts, the Government Of tho United
States has recognized this government ofVir.
ginia ns the only legal and constitutional gov
ernn,cnt Of tho whole State. And, in my judS.
ment, no othcr course than this was open to
tho National Government.
In cvcry case Of insurcction, involving tho
persons exercising tho powers Of State gov
osnmcnt, whom largo body Of tho pcoplc 70.
main faithful, that botly, 70 far AZ tho Union
is concerned, must bc taken to constitute tho
State. 1t would havo been as absurd, as it
would h,yo boon impolitic. TO deny to tho
largo loyal population Of Virginia tho powors
of.a State government, because mon whom
they had clothed with executive, or Legislative,
Or judicial powers had betrayed thois trusts
and Joined iu rebellion against their country.
1t does mot admit Of doubt, therefore, ss
il seems to mo, that tho Legislature. which
ea1o its consent to the formation and erection
Of State Of West Virginia was the truo and
only lawful Legislature Of tho Stato Of YIN
efpiA Tho Madison Papers clearly show that
tbe consent of tho lOgialature. Of tho original
stato was tho only conzeut required TO- tho
erection and formation Of now State within
n Iaii;Siic ian Thu coasent s.pins:. hnan
r;vcu. tho consent Of thenew Stats, Iscquirod'
/, psoyod by her application tor admission. -
niNothins required By tho constitution y
~ formation and admission ofWcst Virginia
into The United States is thsrfssoy wanting !
and :the aet ot sdmissisp e M9st NECESSARILY %
c,o:snattatioail, Ncr b thh conclusion technical
=, ,omo may think. Tho Legislature Of Viz
eipia, It may be admitted, did not contain
.sllIii1 members from Tho eastern counties It
contained, hoxtsver; representatives. from al
s;sSnt,aa;l whose inhabitants wrre not either
IN; 4tms;civ.1 u Or or dominated BY 8 creator
nanb;.r bt;; oe .eb.lS II Ms the only legislature
or,h. sH.s tSovn ", 70 Us Union. 1fit. consent
- not ysid' DO consent could bc Tits con- 1
s,nt =. t,.I nto.: via % eoastitut;op q Is e The
S:oss e W..syi s. bsea . suspend. !.
81 SY, the: th .sbsnioa that :, most important !
;iSfs a.aa W, ast i 4 utterly Lost lii .asr, 70 nv
s,;nslos,. to Slox pan Pipsjple. y p'A9in 91'
ooc.co6lracrS .c6 hsa 70 turn aAide toA coA.s'; .
u,cess ,elsssiy: :los,l bse.a:s nee sEa.e'sl1 q
|SNETHytfestt -! ~ .-~.1S.~n~, n.