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

AS - VI
the Legislature of the State of Virginia
in creating the State Of West Virginia
out of territory within her own juris-
diction.
p. By the recognition and consent
Of Congress to the act of the Legisla-
ture Of the State of Virginia to cede
the counties of Berkeley and Jefferson
10 the State of West Virginia.
8. By the act of March, 1862, where
BY Virginia was entitled to eight and
West Virginia to three Representa-
6yes in Congress
4. By the act of AUGUST 8, 1861,
whereby a direct tax of 1897, $50 663
was apportioned to the State of Vir-
ginia-
30. Congress, sir, further recognized
Virginia as a State while her children
were fighting in opposing armies, Yir-
ginians recognizing the confederate
and Virginians recognizing the FEEDER
al Government regiments of Vir-
ginians fighting Tor the Union and re-
giments of Virginians fighting against
the Union. During this condition of
things Congress recognized Virginia
as n State by admitting into the Con-
gress of the United states Senators
and Representatives from the State of
Virginia.
6. By admitting Senators and Rep
resentatives from the State of West
Virginia into the Congress of the
United States; for if Virginia has not
been a State of the Union, then there
is no such State as West Virginia, for
she could only become a State by and
with the consent of the State of Vir-
ginia.
Z. BY what other acts has Congress
during these years of trouble recogniz-
ed Virginia as a State within the
Union ? Probably, sir, I owe an
apology to honorable gentlemen for
referring to the Constitution of the
United States, an instrument the exis-
tence of which some of them seem to
have forgotten.
Mr.. Speaker, the Constitution pro-
vides for its amendment. But how
can The Constitution be amended? By
the President? No, sir ; the Presi-
dent has no such rightful power. By
Congress? No, sir; and it may be
regarded as a remarkable fact that
Congress has not as yet formally
claimed to have the right to change
the Constitution in letter as il has flag
GRAVITY violated both its letter and its
spirit. How. then, can the Constitu
ton be amended? By the concurrent
action of the people of the States and
Territories? Ne, sir; the Territories
have no voice in amending the Con
stitution. 1 repeat how, then, can it
be amended? The Constitution, sir
which, thank God is not yet dead
the Constitution provides that
"The Congress, whenever two thirds
OF both Houses shall deem it necessary,
shall propose amendments to this Con
stitution" = = (which shall
be valid to all intents and purposes as
parts of this Constitution when ratif-
ed by the Legislatures of three fourths
of the several States or by conventions
in three fourths thereof, as the one or
the other mode of ratification may be
proposed by Congress"
And under this clause of the Con-
stitution Congress has submitted the
proposed amendments to tho Consti-
tution-the thirteenth fourteenth,
and fifteenth-to the State of Virgin
Ia for ratification, thereby three dis
met times recognizing Virginia as a
State of the Union for .certain-it is
that a State outside of the Union has
to right to change the Constitution
Of the Union to which it is not a mem
Der so as to affect the rights and In
tcrests of the people of the States
within the Union
Here, then, Mr.. Speaker, are nine
solemn acts of Congress, extending
from the year 1861, wherein Congress
recognized Virginia as a State within
the Union. And hence, under the
second section of the first article Of
the Constitution, the State of Virgin
Ia is entitled to representation with
out regard to the odious conditions
sought to be imposed by the bill re-
ported by the Committee on Recon
struction.
Now, sir, you have seen that the
President and the heads of the De
partments of your Government and
the Congress of the United States al
have recognized Virginia as a State in
the Union up to the time that Con
gress LAID violent hands upon that old
Commonwealth and hurled her from
the Union, two years after the REBEL
ion had closed.
THE SUPREME COURT OF THEUNI-
TED STATES RECOGNIZES VIR-
GINA AS A STATE WITHIN THE
UNION.
And now I propose further to show
that the highest judicial tribunal in
this land, that body which has tie
right to determine constitutional ques-
tions, the Supreme Court of the Uni
ted States, has recognized Virginia as
as being a State in the Union. I'm
mediately after the conclusion of the
war the Federal courts were reestablish-
ed in the State of~Yirginnia, and the
Chief Justice of the Supreme Court
held court in the city of Richmond ;
and at this moment, az / have said,
the State Of Virginia appears in the
Supreme Court Of the United States
as q party to a suit against the State
of West Virginia.
l said that not only has Virginia
during all this period been recognized
as a State by the Executive Of the
United States, by the heads of the De
partments of the Government, blythe
Congress of the United States, by the
Supreme Court of the United States,
but she has also been so recognized