The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-01-28

0As USskuN " View Ysrk Steamships By
enc Aushsrisiss % Virginia In 1861.
IN the Virginia House Of Delegates, on Thursday last
SAs Committee ON Claims TO whom was referred the
communication OF Governor Pierpont and the claim Of
Francis skiddy, President Of the New York and Virginia
Steamship Company, In relation 10 the seizure OF the
steamships Yorktown and jamestown, by Governor Let
cher, made the following report-
I'm CLAM OF TIE NEW YORK AND VIRGINIA STEAMSHIP
COMPANY FOR THE JAMESTOWN AND YORKTOWN
me Committee on Claims TO whom was referred
York snd q bsa ssys
70 state that, owing to the peculiar and extIaordi-
navy character OF this claim, as well as Its magni.
attention which they could bestow upon it, and present
the following report the result Of their elaboration
o. 1861 line Of steamers under New York charter terror Of
Incorporation registered at New York. In the State of
sw York then and eyer since one Of the United States
lying .. the wharf at Richmond, on the Tin day
tain Cary, military officer, acting by authority Of
John Letcher, Governor Of Virginia; and the James
1881 while at City Point, seized by military force
under Colonel Bracket and brought TO Richmond which
not ana by
ssgregatss, value IN gold, OF the two steamers:
being $500, 600; that these steamers were detained
several days, when they released by order OF
Governor Letchor; but before they had time to take
lheir cargoes on board they WERE on the Sd day Of
Nay 1851 again seized by the military authorities Of the
State; were detained by them for some time, apd
then turned over to the Confederate government,
IN whose possession they remained till the evacua-
zion OF Richmond, when they were burned and de
seruyed On these allegations TO prove which wit
nesses were introduced they claim of the State Of vr
gnia the value Of these steamers at the time Of their
SEIZURE, and interest from that time amounting about
$4,000 In their investigation your committee have
IN nina nf
This transaction but also the actual powers and authority
of the State government Richmond at that time
well as the powers and restrictions OF the restored
ernment OF Virginia
The committee after giving contemporary history,
and abiding the action of the West Virginia Lcgsa-
ture, close their report with the following argument
What now IL the character Of this proceedingS Was
ne seizure OF these steamers regular and lawful
else OF power, by legitimate government Was not
her the Irregular violent and extraordinary action Of
revolutionary government, rude collision, cousti-
tutng In all its essential elements the shock OF actual
war II your committee would believe that the seizure
Of these steamers the act Of the legitimate author
os OF tho State az those claimants contend and there
fore, they allege, binding the restored govern
nent your committee cannot perceive that the
establish the validity Of their claim For, though
the government might have been legitimate II by
no means follows that the act itself was legitimate
Beyond the constitutional and legal powers of the Exec
tive, plainly palpabe and violent usurpston, the
question then arises far the abuse usrpation Of
power by any officer OF government can bind that
government? Without undertaking TO say that no
seuld occur where policy and Justice and even law,
might not require the State 70 adopt as It's own the err
acts Of any Of its officers is sufficient for
purposes TO say that the seizure Of these steamers cannot
4he situation OF the country at that time, EN-.
~ ~ only Virginia, hut the whole Confederate
~ tbe United States Il cannot be denied that the
81 N1ese steamers was war measure II was
q, Z acknowledged, SO justified. What might
he action OF Virginia II the confederacy had
Ind the usurpng state government at Rich
Is called, had become tho established, regular
we do not mean TO say, because the sup
has not occurred and because II It had occur
claim would have been decided, not by the laws
Ia, but the rules OF International law and the
es incorporated in the federal constitution But
ederacy failed, and adopting the results Of that
pc must seek what II is that our duty a. the
Assembly Of the restored government requires
anifest to the committee, that, viewing the qucs-
shroash the speciacIss Of the whssiius Con-
shis claim cannot be allowed. The appointment
lMlitary committee 70 advise the Governor; the
nation, the creation Of navy; the seizure Of Har
Ferry and the Navy Yard At Portsmouth, and other
ID acts BY the State authorities at Richmond,
supderstaSd These events occurred about the
the seizure OF the stsamers-whethcr just before
ms ssy p snS us sf hs ss
- They were u series Of measures evidently and
syowedy tending to separate this Commonwealth from
mem; and therefore, In the language Of the Wheeling
esaventon, without authority and Void How then,
ssni recognize as valid and binding acts which ihs,
government has always rcpudiated and declared void.
Farther and 10 place the question on still higher
ground, II must DO remarked that the restored
government was instituted as On Ess res ~
sS :s nsay these war measures The nrst ordinance
eaacted At wheeling and all subsequent acts Of the
stored government prove this assertion. But for organ
Hing such opposition the restored government never
would have had It's origin and through all the vciss-
uAes OF its existence Il has been animated by the same
plht
designate H. obligation the General Assembly Is
expressy prohibited FROM providing for lie payment II
izue that the prohibory clause, above referred TO-
The action OF this General Assembly be Invoked the
eject 10 the payment is the same No payment eau
be made. No provision Tor payment can be made.
IL must be remembered ~ prominent fact, that the
ysstored government and the Richmond State govern.
mont were not only opposing Powers and In general
esnse hostile Powers, but they were engaged In actual
tnued I'LL the fall Of the confederacy. By this
the restored government conquered, overthrow and
destroyed the state government at Richmond. The
restored government was established throughout the
State In the character and with the rights Of
0uerng Power. When remember that the FIRST act
Il this government intended 10 avoid all respon.
blity for acts OF this character by declaring them
Soid, and that subscqucnt occasion there was
Incorporated Ia the organized law the prohibition that
chs General Assembly shall not provide for the pay men
pf~any debt obligation created In the OF the
6tate OF Virginia by the Richmond authorities and that
che restored government 10 now the only power in the
Hais willing all along, and now by the current Of events
able 10 enforce those provisions and prohibitions
would seems TO the committee, at once
and without hesitation doubt, declare against this
cIsuse
Your committee are therefore OF the opinion that the
General Assembly have no power provide for the pay
mnt Of this claim, and respectfully ask 10 be relieved
from It's further consideration.
Ordered TO be printed.
Court Of General Sessions.
Before Judge Russell
fAs Court me, yesterday for the purpose Of hearing