The Conservative. (M'connelsville, Ohio) 1866-1871, 1870-02-04

ginia were divided on the subject of
secession, and no sooner had the con-
yention which met in Richmond than
a considerable body Of the people in
that State called another convention,
which organized what was called the
restored government Of Virginia That
was in the month Of June, 1861. And
i that State government fulfilled all the
duties devolving upon State in all
her relations to the Union and to her
relations to the Union and to her sis
ter States. On the lst OF July, 1861,
General Assembly was held in the
State Of Virginia which elected Sena-
tors and Representatives to Congress,
and they were received like other
Senators and Representatives, and
Congress thus recognized the fact that
! Virginia had State government with
the rights OF all other States within the
Union
And I propose to call the attention
Of gentlemen to certain acts Of the Pre-
sident and the Supreme Court and the
Congress of the United States recogni-
zing the existence of Virginia as n
State in the Union from 1861 until
1867, two long years after the close Of
the war
In November 1861, convention as.
sembled at Wheeling and adopted
constitution for what was called the
State Of West Virginia, the territory of
the new State having been carved out
Of the territory of the State of old Yir-
ginia.
But sir, need not tell this honora-
Bile b dy 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 o'her State" 'with-
out the consent of the Legislature Of
that State as well rs of the Congress-.
Then, sir, West Virginia could only
become Sta Q with the consent of the
Legislature ofold Virginia and of Con-
Congress. And if the State of Virgil
mia did not consent to the formation Of
the State of West Virginia, then thel e
is no State of West Virginia in the u
Mon, and she is not entitled to repre-
sentation in Congress at this time.
What are the facts ? On the 18th of
Nay, 1862, the Legislature Of the State
of Virginia, the Legislature which was
recognized as tho Legislature of the
State Of Virginia by the President of
the United States by the Senate and
House of Representatives Of the United
States, by the chiefs Of each of the Dc.
parrmen's Of the United States, by the
Supreme Court of the United States,
and by the States adhering to the I'M
ion - that Legislature consented to the
creation of the new State of West Vir>
ginia. And Congress recognized Vir-
ginia as II State, and her legislative ac-
ton rs being the action ef the Legisla-
ture of the State Of Virginia, by sol
emn act consented to the creation of
the new State of West Virginia and
on the 18th day of April, 1868, the
, President of the United States, recog-
nizing Virginia as State. and ac-
Knowledging the validity Of that act OF
the Virginia Legislature, did, 10y form
al proclamation, declare West Virgin
ia to be State of the Union
Richmond being in possession of the
insurgents, the capital of the restored
government of the State of Virginia
was established at Alexandria, with F.
II. Pierpoint as the duly elected Gov
ernor
In 1868, the term of Senator Wiley
having expired, Lemuel J. Bowlen
was elected to succeed him, and Bow
den dying on the Sth day of Decemb-
er, 1864, Joseph segar was chosen TO
succeed him Ns Senator from the old
State of Virginia and John C. Under
wood was chosen to succeed Senator
Carlile, whose term was to expire on
March Sd, 1864
In the Spring Of 1865, the Legisla-
ture ofthe State of Virginia ceded to
the State of West Virginia the coun.
ties of Berkeley and Jefferson, and the G
act of cession was consented to by the
Congress and President of the United
States, thereby again recognizing Vir
, ginia as State in the Union, and this
time after the surrender Of the confed
crate armies.
In this connection wish TO call the
attention Of the House to another fact
, to which shall again have occasion tc
refer before ! close my remarks 1t il
this After the cession of the tive
counties already named, a question o
/. boundary as to one Of them arose be.
: tween the States of Virginia and Wes
: Virginia, and under the third articl,
of the Constitution of the United
States, which provides that the Su
preme Court of the United States shall
J, have jurisdiction in controversies be
: tween two or more States the State o
Virginia commenced suit in that cour
against the State Of West Virginia; o
which suit that court took jurisdiction
and the cause, which has been pend
ing for several years, is yet undeterm