The States and Union. [volume] (Ashland, Ohio) 1868-1872, 1870-01-26


ton of Virgins is different from tha
of any other one Of the States whicl
attempted to secede The people O
Virginia were divided on the subiec
Of secession. and no sooner had tn
convention which met in Richmon
declared in favor of SECESSION than
considerable body of the people organ
ICED what was called the restored gov
eminent of Virginia. That was il
the month Of June, 1861. And tha
State government fulfilled all the du
ties devolving upon a State in all he
relations to the Union and to her sis
ter States. On the 1st of July, 1861
a General Assembly was held in tn,
State of Virginia which elected Sena
tors and Represents ives to- Congress
and they were received like ether Sen
ators and Representatives, and Con
gress thus recognized the fact thai
Virginia had a State government with
the rights of all other States within
the Union. 7-r -.1s..s .7..~4-i,. bils
And I propose to call the attention
of gentlemen to certain acts of the
President and the Supreme Court and
the Congress of the United States rec.
ognizing the existence. of Virginia as
a State in the Union from 1861 until
1857, two long years after the close
Of the war. IL 'G5t''''s $50 '.'--- '-'..'-
s,.f "a TIRE FACTS % sfas ]
In. November. 1861, q convention
assembled at Wheeling and adopted
a constitution for what was called the
State of West Virginia, the territory of
the new State having been carved out
OF the territory Iofthe State of old VIr-
gima, ~ =farsat-i. sl@i 80 y
But, sir, I need not tell this honor
able body that section three of article
four OF the Constitution of the United
States provides that no new State
shall be formed or erected within the
jurisdiction of any other State, with
out the consent of the Legislature of
that State as well as Of the Congress. "
Then, sir, West Virginia could on
" become aState with the consent of
the Legislature of old Virginia and of
Congress. And if the State Of Vir-.
g ginia did not consent to the formation
Of the State Of West Virginia, then
there is no State of West Virginia in
the Union, and she is not entitled to
representation in Congress, at this
time. ...-..,ts;.-
What are the facts ? On the 18th.
day Of May, 1862, the Legislature of
the State ofiVirginia, the Legislature
which was recognized as the Legilasture
,fthe State of Virginia by the Presi.
lent of the United States, by the
chiefs of each Of. the Departments Of
he United States, by the Senate and
House of Representatives of the Uni
ed States, by the Supreme Court of
he United States, and by the States
Idhering to the Union-that Leglsla-
ure consented to the creation of the
lew State of West5Nifginia1 And
Congress, recognizing, Virginia as
State and her legislative action as be-
ng the action Of the Legislature Of
he State OF Virginia. by a solemn
Ict eoDsentod to the creation OF. the
lew State of West Virginia |; and on
he 10Th day of April, 1863, the Pres
dent of the United States, recoeniz-,
ng Virginia as a State, and acknowl
.dging the validity of the act of the
Legislature, did, by formal
declare West Virginia
o be a State of the Union.
Richmond being in possession of |
he insurgents, the capitol of the re-
tored dgoverhnient of the State of.Vir-
,inia was established, at Alexandria,
fith., Francis H, Peirpoint as the
iuiy elected Governor.
In 1868, tile term of Senator Will
~ having expired, Lemuef j. Bow
en- was elected to succeed; him and
lowden dying on the .8th day of De
ember, 1864, Joseph Segar was chos-
n to succeed him as Senator from
re- old State of Virginia 3 and John
|. Underwood was chosen to, succeed
enator Carlile, whose term was. to
1pire March 8, 1854. |!
IN the spring of 1856 the Legisla
Ire of the State of Virginia ceded to
lie State. of West Virginia the, coun-
es of Berkley aud jefferson, and the
It of cessionawas consentedto by the
vngress and President of the Uni {
d, States, thereby again recognizing
irginia as State in the Union, and
is time after the surrender of the
armies. y 1si = ;5-a-i-
In this connection wish to call
e attention of the House to another :
ct, to which I shall again; have oc-
lion to refer before l close my re +
arks. It is this after the cession =
the two counties already named a 5
Iestion ofsboundary asi1to one. of q q
em arose between the State of o
irginia and. West Virginia. and un- q
r the third article of the Constitu- q
n of the United States, which pro- Il
les that the Supreme Court of the :,
lited States, shall have jurisdiction II
controversies between two or more +;
ltes, the State, of Virginia COM =
,nced suit in that Court against the g
ate of West Virginia of which r
It that court took jurisdiction and as
, cause, which has been pending II
lseveial years, iisy undetermined. v, "
Mr.. Speaker, 1 now propose to call n,
, attention of the House to the h;
ognition ofVirginia as a State by So @
Executive of the United States ~ ~
ring the period of the war and down M
the act Of March 1867" when the r
ngress of the United States by an ~ ~
of mere usurpation took Virginia y, ~
the throat and drove her Senators ,sl l
Representatives, ont OF Congress, -
loHgh she had been represented in =,
ngress not only all through tho war -, ,,e
for, two years after thei:war had r.
;ed. 81, e II tb