Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1867-06-25

such a result.
But what necessary connection is there be.
tween this result, or the motives or reasons
inducing it, and the abrogation of the lawful
government of a great State, leaving Its peo-
pie without law? For it must be remcm-
bered that if through the action Of Congress
the legislative power was gone, the executive
and Judicial powers went with it /; and there
was NO more any law within its borders.
The government recognized by Congress
in 1862, was in December, 1865, the only gov
eminent of Virginia. If that was not the
lawfully established government, capable OF
making, applying aud executing the laws,
then it bad no lawful government, and the
suppOsition is, that because each branch Of
Congress declined to receive representatives
from Virginia, for reasons which this Court
cannot know, therefore it was the collective
legislative will of the people of the United
States, that the people of Virginia should
have no lawful government at all.
Somonstrous aconclusion cannot be reached
from the narrow premises afforded by this
concurrent resolution of Congress, which has
no necessary connection with the existence of
lawful State government, and is fully salts
fed if confined to the single and temporary
object it proposed.
have thus far been attempting, trust
successfully, to answer the position that the
Legislature of Virginia, which passed the act
of December 5, 1865, Withdrawing the con-
sent Of the State to the proposed cession of
these two counties, was not q body which this
| Court can recognize as capable of passing a
law. respectfully submit the position wholly
fails.
FIGsT. Because that action of Congress which is
relied on was not had until after the passage of
SECOND. Because this action OF Congress is con-
sistept with the continuance OF the same lawful
government of the State, including, of course. its
President the existing lawful COVE rnment of the
State at the time West Virginia was admitted to
the Union.
But there is a question raised by the argument of
the Defendants counsel. OF character much more
grave, though believe il will be found not more
difficult of judicial solution than that last disc
Their position is, that. though Virginia
Slate in December 1902 when Congress admitted
West Virginia uto the Union, yet, by force of the
recent legislation Of Congress- Virginia is not now
state and, therefore, not csPobIe Of prosecuting
sult IN inns Court under the grant by the COns:tu
ton of original Jurisdiction to this Court, which
enables States to sue here.
The Legislation referred to consists of the two acts
| OF March ?, 1867, and March 90, 1867, commonly
called the reconstruction acts, and the argument is,
that by force OF these acts, Virginia ceased be
state, and so this SUIT must fail.
am not unacquainted with the theories upon
which the powers of Congress pass these actsare
rested They are as understand them, that lin.
tied government, possessing only the powers grant
ed to 1t by written CONSTITUTE N, may, by putting
down rebellion against it's authority. acquire the
absolute and unlimited powers OF a conqucrer over
may subdue part of its people, to obedience
to itself nor to its limited authority but to sub
MISSION to government completely absolute That
it may acquire by arms that unlimited authority
over large part OF Its territory and its people,
which is wholly md necessarily mt with it's
own nature and character, and with the furda-
mental Principles of its own existence. Aud that
may hold and exercise this absolute power long
and in such ways and to such extent may its
own sovereign and uncomfortable will. And that
are vested in and to be exercised by that Congress
oil the United States which the Constitution created
and whose powers 1t defines. This is the theory of
constitutional auD put forth here as well as cIse-
where. In support OF this legislation.
intend to which will presently appear do not
: subject. These reasons will show that this case
calls lor no such discussion. And strong as is my
CONVICTION that the entire theory is radically false,
and serious as is my apprehension that the action
OF Congress upon it must hereafter be attended with
consequences deeply injurious to the preservation
| OF constitutional government in country, yet
| my duty here is to argue no question which this
Court Is not required to pass upon to arrive de-
| cisiOn of this cause.
To rendor clear what the Court is to paes upon,
unucT ths branch Of the case, is necessary tObrng
into view some things already shown, and to con.
meet them with other matters which relate TO the
1t has already been shown that in December, 1862
after the civil war had been more than eighteen
ties had been fought upon its soil and while large
part OF its territory was in the possession of armies
hostile to the United States, Virginia still
State Of tho Union, having lawfully organized
! government recognized by Congress and the cxecu-
uEc as IN harmony with the Union. This is too
clear for controversy, and has 5cen ControverS-
| ed. West Virginia exists only by reason Of its
| truth.
1t has been shown that the lawfully Organized
| government OF this State of Virginia, recognized
by Congress and the executive the ovcrrmen mt Of
a State IN harmony with the Union, was continued
and pcrpctuatcd in accordance with it's organic law
until after all forces hostile 10 that 0oyernncnt and
| to the United States had been subdued
On the ninth day OF May, 1865, (ls SITS. at Large,
I'D, the President of the United States. in dis.
charge OF his constitutional duty that the laws
OF the United States faithfully executed issued
his proclamation relating solely to the State Of Vir
GINA, ordering the IF cF,
| sury and the Interior, and the Postmaster General
put in force all the laws of the United States con
the District Judge of the United States proceed To
hold Courts within the said State in accordance
win the provisions OF the acts of Congress and,
finally, il is ordered "Ihat carry into effect the
guarantee by the Federal Constitution OF a rcpub.
vantage OF security and domestic laws as well as
TO complete the Tc.esIablishment of the authority
CSnPletS restoration OF peace within the limits
aforesaid, Francis Picrpont, Governor OF the
state OF virginia, will be aided by the Federal
lawful measures he may take for the ex tension and
administrat ton OF the State Government through.
out the geographical limits of the said State -
On the 22d day of May, 1866, Congress, passed an
act requiring the Circuit Court the United States
of Richmond on the first Monday Of Nav and he
fourth Monday in November in each year; and
mat The current term of that Court holden at Nor
| held ~ 'S
, And this Court has judicial knowledge that since
the above mentioned proCamat ion OF the resident
the Courts of the United States have been regular
| ~ open in the State of Virginia and, since the
aforementioned act of Congress, have been Opened
and held in the City Of Richmond in pursuance of
! that act
Nothing can he moro clear, than the facts that
down to period alter the civil war had wholly
ceased, and after the laws and authority Of the
United States were completely restored there.
| government of the State OF Virginia, recognized
by Cong and the executive as in haImonSI a.; -
the Union, and at all times At peace with the TJni
ted States had lawful existence in and over that
State anu long before the dates of this recent Icis
! ia rOVr tot, bo