The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1868-07-01
ING July


| more suppress and destroy the government
Pennsylvania, which has never been SO r,
cognized1
That the facts are as stated, I proceed t
show
The ordinance of secession passed by th
Convention Of Virginia, at Richmond, Apr
II, 1881, was ratified by popular vote, Ma
| %, 1861.
A convention assembled at Wheeling il
Juno, 1861, which declared the said ordi
nance null and void, reorganized and restor
cd the government upon loyal basis, by va
eating all the offices Of these who adhered t
the Richmond convention, and electing
new executive, legislature, and Judiciary il
| their places, so made vacant.
| This restored government went into full
operation in July, 1861, and exercised th,
full powers Of State government, under tn,
Eeye and with the sanction and support Of tn,
federal authority.
| It's Legislature elected Senators, and til,
Senate Of the United States admitted them
| Under the ordinace and laws of the State
the people elected Representatives, whom th.
! House Of Representatives admitted
By law passed May, 1892, the Legislurt
consented to the division Of the State, and t.
the creation Of the new State West Virginia
| under the Constitution Of the United States
| fart. 4, sec. 3, G. IL Without that consent
the new State could not have existed Con.
gress, law passed December 81, 1852, ap-
proved by the Executive, reciting the State
law Of May 1852, admitted West Virginia
| int the Union, and its Senators and Repre-
sentatives A case is pending in the Supreme
Court in which West Virginia is a recognized
legal party. Congress, in June, 1864, made
the State of West Virginia separate judici-
al district, and the State of Virginia another,
and judges were appointed for each, and now
hold Office under that law.
But, farther, the Legislature in 1863 call
ed . eonyentiop to amend the constitution,
which was adopted in 1854, and under it We
lived until 1867.
The Legislature existing by virtue Of this
amended constitution, to whom the thirteenth
amendment Of the Federal Constitution was
submitted in February, 1865, ratified it for
Virginia, apd that act was adopted by the
Federal Government as rightful act Of rat.
iication 4nder the Constitution for the State
Of Virginia, by its lawful Legislature.
In confirmation of these views may refer
to the proclamation Of President Lincoln,
dated December 8, 1868, in which he proposes
a plan for the re-estah lishment Of loyal COY
ernments in the South, but names every .sreb-
Ell State" except Virginia, and explains the
omission by the declaration, that 'sthis pro-
clamation, SO far as it relates to State govern
ments, has no reference to States wherein
loyal State governments have all the while
been maintained thus clearly recognising
the "restored government of Virginia" as the
lawful and loyal government Of the State
And finally in May, 1865, under the auspi-
ces of the Federal Government, under the
protection Of its military power, Gov. Peir-
point. the Executive Of the restored govern
ment, and under the constitution of 1864,
was indicted to the Capitol Of Virginia, took
his residence in the official mansion, called
the Legislature together. (Which had just rati-
fed the amendment Of the Federal Constitu-
tion,) appointed judges and other officers,
and thus the government, under the sanction
Of the Federal power, has ever since been in
as full and undisputed exercise of every gov
ernmental function as your State government
Of Pennsylvania, until the acts to which l
shall presently refer.
have thus shown by record EVIDENCE that
this loyal and restored government of Vir-
ginia was recognized by each House Of Con-
gress seperately-by Congress-by the Presi-
deht-by the Supreme Court-and was Put
into its Capitol as the rightful government
by the military arm Of the Federal Govern
ment; and this recognition, in the admission
Of West Virginia, (being un fat occomlosi,
resting for validity upon the truth Of the
recognition referred to- vas SO emphatic as
to constitute it on estoppel Of record to any
denial Of the legality Of that restored govern
ment by the United States, since such denial
involves the extinction of West Virginia Us
a legal member of the Union
shall now show the process by which the
custer of this solemnly recognized govern
ment has been accomplished by the military
officer of the Federal Government, in the
teeth Of the constitutional estoppel referred
to.
Governor Peirpoint called the loyal Legis-
lature together in june 1865. Its mem
bers were elected during the war, and there
was not a "rebel' among them.
In pursuance Of authority vested in the
Legislature by the constitution of 1864, it
passed law in June, 1865, removing dis
franchisement from such Of the people as
should be pardoned by tho President and took
the oath prescribed by his proclamation of May
90, 1865, and an oath "to uphold and de-
fend the government Of Virginia as restored
| by the convention which assembled at Wheel
ing on the 18th day Of June, 1861"
Under that law, passed by loyal men ex-
clusively, suffrage was settled in Virginia,
and every voter was bound by oath to uphold
and defend that government, whose legal ex-
istence Congress is estopped but to deny
but which has been 50 s4mmairly ousted
of its authority.
A new Legislature was elected under the
law and Constitution. Judges and officers
were appointed; and thus the present gov
ernment, in all its departments, is the legiti
mate successor to and derives all its powers
from the "loyap source at Wheeling, .recog
nized, as already shown, by the Federal Gov.
eminent, in each and alt its departments
more fully and solemnly than has ever beer
done with respect to any other State govern
ment, and in such way as to estop the FEEDER.
al power to deny the legality Of its existence
1 AZ e ~