The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1867-05-10

| departments OF the Government OF the
United States. No Legislature of any
State can pass any valid law binding
upon the people Of the State that is not
recognized by the Congress Of the uni
ted States as the constitutional law
making power of the State. This ques-
tion was settled, it is submitted, be-
yond all controversy by this court, in
the case of Luther VS.. Borden, How
ard, l. And Congress has, in every
possible form, refused to recognize the
government Of Virginia as it was con-
stituted in December, 1865, as the legal
and constitutional government of tie
State OF Virginia. 1t has refused to re-
ceive her Senators and Representatives
elected under that government. Not
only this, but it has passed a concur
rent resolution March, 1860 declaring
that no Senator or Representative shall
be admitted into Congress from the
States lately in rebellion until
that body shall have declared such
State entitled to representation
Whether This action of Congress
IOGS right, proper or erpedient, is mat
ter With IChich this court has no concern
Certain it Is that these States had prac-
tically severed their connection with
the Government of the United States
for the time being. The same Legisla-
LuLGS LuhL hGIb aeull4uk 6ouhLDIa " tue
rebel Congress could not at the same
time send Senators to the Congress of
the United States. The time I0Ren they
had SO far severed their connection with
the rebel government and returned to
their allegiance to the Government of
the United States was a question for
Congress to determine. This court can
not recognize the validity and binding
force of laws passed by a Legislature
whose members had sworn allegiance
to the rebel government, and were using
their power and official position for the
purpose of overthroWing the Govern
ment of the United States. When such
State shall be SO far restoi ed to its
practical relations and allegiance TO the
Government Of the United States as to
be entitled to exercise the powers of
sovereignty belonging to one of the
States, is also a question for Congress
to determine. Until Congress recognizes
the status of such States as restored to
their allegiance and entitled to exercise
The rights Of sovereignty as States in The
Union, this court cannot so recognize
them. s-=-==-
1t is true that Virginia occupies a
position somewhat different from other
States lately in rebellion. She had
government which was recognized by
Congress until the close of the Thirty
Seventh Congress, and a part, II not all,
of the Thirty Eighth. But the LeGisla-
ture organized after the surrender of
General Lee, which met on the first
Monday of December, 1865, Congress
has steadily refused to recognize. 1t is
not intended to inquire whether Con-
gress acted consistently or not in recog-
ntZing the governments as long as it did,
and refusing to recognize it longer.
Doubtless they would have been tusti-.
fed in refusing to recognize it much
sooner than they did. But Il is the fact
of The refusal, aud not the reason for ii
that the court haze to do NTH.
1t is not seen how the power of Con-
greSs over the subject can be question:
ed. Congress surely is not bound to
recognize the government of State in
open aud tlagrant rebellion; and wheth.
er 1t is in rebellion or not, Is question
for Congress to determine. So this court
held in the prize cases, in Blacks Re-
ports. And Congress having once de-
termined that State is in rebellion,
who shall say when she has changed
her status and become loyal State?
But it is also submitted that this law is
imperative because the transfer of the
counties became a fact accomplished
by the subsequent ratification and COLI
sent of Congress. A joint resolution of
WaICu ~ 4oOO1 uot OHLJ CONSENTS 10 Tue
compact and agreement, but it hereby
recognizes the transfer. This joint res
olutiOn was manifestly designed to
have a retrospective operation, and to
meet and overreach any attempt that
might be made to invalidate iG. The
effect is to legalize the transfer from
the time it was completed by the action
of f,the States, and it relates back to the
time ofthe transaction which it ratified,
and has the same legal effect as If it
had passed on the day or before the
Slate of West Virginia accepted the
transfer. ~