Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1867-06-27


cal limits Of the said State
But tho position was taken by the counsel
for West Virginia, that altho' the existence of
the government Of Virginia was recognized
without any change whatever down to Dec.
1865, yet it ceased merely because Congress
riiklreV is recognition Of that gOcerRmcat.--
"Tboir argument is, says Judge Curtis,
" that Congress passed a concurrent resolution
on the Fad day Of March, 1866, declaring that
no Senator or Representative should ocadinl''e'
into either branch Of Congress from the state
Of Virginia
Tho frs, answer to this is, that if this were a
mortal blow. it was not struck until more than
three months after the act in question was
passed by the Legislature Of Virginia The
date Of that act was Dec. 5, 1865; that Of the
concurrent resolution was March ,, 1866"
The position was taken that the reconstruc-
ton acts Of March >, and March %, 1867,
whatever had been the previous relations Of
Virginia 10 the Federal Government, had put
her out Of Court and that she was from that
period unable TO maintain a suit as a Side
To that position Judge Curtis answers:
al am not unacquajutcd with tho theories
upon which the powers Of Congress to pass
tho acts arc rested. They axe, as | under
stand them. that limited government, possess
inc only the powers granted to It by written
constitution, may, by putting down arcbcllion
AGAINST It's authority, acquire the absolute and
unlimited powers Of cOnquercr over a great
part Of its own territory and people. That it
may subduo a part Of It's people, not 10 obedi-
erce toitsclf nor t0its limited authority, but %
submission 90 a government completely ALSO
Lutte. That il may acquire by arms that un-
limited authority over large part Of Its terri
tory and its people, which is wholly and neces-
sarily inconsistent with its own nature and
character. and withthc fundamental principles
of its own existence And that it may hold
and exercise this absolute power long and in
such ways and 70 such extent as may suit its
own sovereign and uncomfortable viii. And
that this unlimited power and this uncontTolla-
bic viii arc vested in and 10 be exercised by
that Congress Of the United States WI Oh the
Constitution created, and whose powers it de-
fines This is the theory Of copSiI tti0Hdi lao
put forth here, rs well as elsewhere in support
Of this legislation
The monstrous proposition that under the
wanton exercise Of powcron the part Of Con-
gross, a State, within the Union by its own &C
acknowledgement can, atits (Congress) own viii
and pleasure be expelled, is thus rebuked:
Now, as well as can understand it, what
/ is glibly called the "war power" has no defined
/ limits In the views Of its advocates; but have
not supposed it was understood by any one TO
/ extend so far as 70 enable Congress, in time Of
/ peace. TO make war by legislation on friendly
/ State Government, and destroy 1t, and expel
\ from the Union, the State over which it had
/ during the war been established de .j,,re, and
] since the peace, Gc tdci0 When is this power
| supposed 70 beoXerted? In March 1861. when
every function Of the governmental the United
\ States, and Of the government Of the State Of
/ Virginia was as regularly and completely per-
| formed within the limits Of that State Us at any
/ period o. its history. According % tic long
lostalltho1 rule, tbs Court holds that 20 be
/ time OF peace, when the Courts Of iuy.ic8 are
/ open, and can pcaceably execute their judg-
/ mCnts and DEGREES But not only was there
peace in Virginia by tbs standard, but by any
and every standard q law or common sense,
In March 1867.
On whom Is this "wcr power supposed 70
bc oxertcd? Upon that regular, established
and constitutional government, republican in
form, which was recognized 10y Congress and
theexccujivein December 1862, rs in harmony
with tho Union and the Constitution Of the
United States, and so continuing till the close
Of thowar. A government which the President
Of the United States by his proclamation OF
May 0, 1865, declared was to be upheld and
maintained by the power Of the United States
A government within whose territory Congress
! so lately as May % 1866, directed courts to be
held, which, under the Constitution, can be
held only thin State Of the Union.
" why is this supposed war power eycrtcd
% destroy the government Of the State and eX-
pei the State from the Union? The only pos
Sible reason is, that during the rebellion, this
/ lawful, recognized and friendly government Of
Virginia, existing dc .j1Te over the entire ter
ritory Of the State, did not actually control tho
whole Of its people and territory, so that much
tho larger part SGT at naugh; its authority, and
We're in arms against It, as well as against the
| government of the United States. But whose
fault was that? Were not the United States
bound BY the Constitution 20 maintain andup-
hold, and make eiIcctual throughout the entire
geographical territory Of Virginia tho authority
Of the lawful government Of that Stltc-thC
authorityo( that goycrnmeutof the State which
the United States recognized as in harmony
with itSclf-a government entitled by the ex-
press words Of the Constitution, at all times tc
be protected from invasion and instruction Z
Aud having failed in the performance Of this
clear duty, can the United States attribute il as
a fault 70 the lawful government Of Virginia
that this duty was not performed, and attach
o. its own failure Of performance the penalties
Of destruction Of that lawful government, and
the expulsion Of the State from the Union.
Upon the p,aiccst principles, when the
United States suppressed tie rebellion in VIZ
Siuia, it suppressed It in the performance Of its
constitutional Obligation. cs well % the lawful
government Of that State as 70 the government
0f the uited States. 1.-THE word conquest can
| have any application. it was q conquest Of ter
ritory 20 rest1-e the lawful government Of the
State % the actual possession Of its c0nst'tu-
tioual powers. as well as u restore the govern
mcut ot the United States 70 the actual posses
sion Of their constitutional powers. And tho
! assertion by the United States of an absolute
and uncomfortable authority by conquest over
the territory and people Of that State, and over
/ the lawful government q that State which the
/ United States was bound 10 restore and main
tain. is as inconsistent with good faith and with
/ the public law of the world, as It is with tic
| Constitution Of the Union.
al fa-,y tho mower Of CONGRESS- Tins 70 do