The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1869-05-14
The Fourteenth Amendment anu the
Restored Government OF Virginia.


Restored Government OF Virginia.
We print elsewhere, in full, the very
important and interesting decision rem
dered by Chief Justice Chase at Rich
mond, Monday, 10 what is known as
the Caesar Griffin case. Cesar Griffin,
colored man, was convicted in the
Rock bridge Circuit Court of shooting
with intent to kill. and was sentenced
by Judge Shelley to imprisonment for
two years. An appeal for Griftin's dis.
charge on writ of ha6eas corpus was
made to Judge Underwood, District
ground that Shelley was disqualified
by the Fourteenth Amendment from
acting as Judge at the time the sentence
was passed Judge Underwood allowed
the writ OF hu6eGS corpus and ordered
Griffin discharge. An appeal from that
order was taken to Judge Chase, sit
ting as Circuit Judge, who reversed
Judge UHderwood's decision, holding
that although the Fourteenth Amend
ment had been promulgated before
Judge Sheffey passed the sentence, and
although he came within the disability
imposed by 1t, yet 1t was not operative
on him at that time. In other words, the
Chief Justice holds that the Amend
ment did nobuecessarily become opera
tive Instantly on the day Of its promul'
CATION, DULY Is. 1868, but that leglsla-
ton by Congress is necessary to give
effect to the prohibition OF the Amend
ment so as to accomplish the removal oil
officers disabled by it; and that until
removed by such legislation putting
the amendment in force, the acts OF
such officers are not unlawful.
In showing Mr.. Shefey's legitimacy
as a Judge, the Chief Justice recites the
history OF the restoration OF the Gov
eminent of Virginia, which took place
in this city in 1861. he afirms
the exact grounds declared by the June
Convention as the basis of reoIganiza-
tiop, viz : that the government of Vir-
glnia was NbdiCnted by the unlawful
acts Of its func:ionaries and the Voiun-
tary rebellion of a portion of its people,
aud that those of its local authorities
and people who adhered to the national
government exercised their Inherent
right in recognizing the government
on the basis of that adherance. Most
OF our West Virginia readers will re-
member that Mr.. Carlile's plan OF or
eanization at that time was the erection
OF a revolutionary government here out
OF so much OF Northwestern Virginia
as adhered to the Union aud could be
projected by the national arms
Peirpoint, Polsley and the rest chose
the plan that was finally adopt
ed; and considering the circum-
stances by which they were surround
ed, that the situation was wholly I'M
precadeuted, and the questions raised
by 1t entirely newt seems now. in
looking back to it, AS II the men who
piloted the movement we're wiser than
they knew. All eubsequent events have
vindicated the unerring sagacity of
every step they took, and not one
of them to-day could go back over
their work and add anything That
ifthen done would have made II more
consistent aud complete. And this Is
affirmed now "a effect, by the highest
judicial officer in the Government, 1t
is this part of the Chief Justices deCis'
lou which possesses peculiar interest for
our West Virginia readers. It must be
especially gratifying to that noble old
Roman, Gov. Peirp0int, who trying in
good faith to carry his work out TO its
legitimate conclusion, was overslaughed
by the military and superseded by a
provisional, military, carpet.bag Cover
nor.
Our West Virginia readers will detect
in this part of Mr.. Chase's opinion a
single error. Speaking of tho erection
of West Virginia, no says:
ITO the formation of that State, the
consent of its O1CR Legislature, aI:d of the
Legislature OF the State OF Virginia ADD
OF Congress, was Indispensable. Ii
either had been wanting, no new State
within The limits of the old could have
been constitutiOnally formed; and 1t is
clearthAt II the government instituted
at Wheeling was not the government of
the whole Stale of Virginia no new
State has ever been coustitutiOnally
formed within her ancient boundaries"
The clause in italics is an absurdity
which it seems singular the Chief Jus.
tice should haye fallen into. II is evil
IDENTIFY mere lapse Of statement.
There was no State till long after the
consent Of the parties whose consent to
It's formation was necessary had been
given. There was no legislature Of the
State until sometime after there was a
State. 1.-THE consent OF its own lCgisla-
ture" to it's own formation was there
fore an impossibility. Nor was any
thing of the kind necessary. The
boundaries OF the proposed State were
defined by the restored government,
and under its authority convention to
frame a constitution was chosen from
the territory within those boundaries.
To the same people the constitution
was submitted and by them 1t was rati.
fed. Their "consenI" was given In this
way. But the formal consent required
by the United States constitution was
that OF the Virginia legislature and OF
Congress; and these having been given,
the entire proceeding was regular.
We have repeatedly had occasion to
complain that the movement here in
1861 for the reorganization of Virginia,
the subsequent division of the State,
and the principle on which these move
ments were based, were not generally
understood in other States. Senator
Van Wrinkle shortly after he went to
the Senate, delivered speech in which
he explained them very deliberately
and clearly; but perhaps because this
did not receive the attention or carry
1bo xyaiobf n IaaarUn6 tho oannFp1 oh.