The Daily state journal. [volume] (Alexandria, Va.) 1868-1874, 1873-02-10


would be a more desperate resort still, by
exterininating the entire people, as England
did in the case of Tasmania. These, in
modified language, are the only four ways
ia which a conqered state may be treated,
according TO this great ~juristic writer.
Under which Of these four categories does
the case of Virginia come, then? Mani
testify under the second, with the PARTITION
ing or polandizing process added thereto.
To establish this fact, with all the legal
consequences that SHOULD follow, we need
go no further back than the second day
Of March, 1867, before Governor Peir-
points ''brief candle" was snuifed out
by General Schofeld's summary order.
By the act of Congress of that date, and
by acts supplementary thereto, passed on
the twenty-third day of March, and the
nineteenth day Of July, in the same year,
the people of Virginia, so designated by
name, though comprising only a portion
of the old state, were authorized to meet
by their delegates in convention ITO
frame q constitution or form ofp govern
ment for Virginia. But why frame a
constitution and organize a government, if
one already existed? 1t was simply to
take Virginia, so-called, out of Military
District No. !, presided over by General
Schoield, by allowing the people residing
therein, with the assistance of the MILL
tary if needed, to frame a new polity
and establish a new state. The govern
ment of General Schofield was in no
sense a provisional one, by which the life
of the state, as a jurally organized body,
might have been continued. Provisional
governments are constituted by the peo-
pie, with the military power still subor-
dinate to the civil, or under provisional
order and command.
All this illogical bungling in readjust-
ing the jural relations of the states, or the
chief part of it, came from the stupidity Of
"My Policy" as indicated by President
johnson, and recklessly backed by his
Democratic supporters, North and South.
1t is true a very illogical wedge was driven
into the Union at the instance Of the pro-
v~isional government Of West Virginia, and
one that may hereafter prove a very ugly
precedent ; but that was not necessarily
f irremediable at the time. AS q war meas
sure, we have before said, it was perhaps
UNSUITABLE. But the great legacy Of re.
construction plumbers, left to the Republic
can party by President johnson, was wha
effectually destroyed the old State Of Vlr
t ginia, and fixed upon the national govern
: ment the liability to pay her ante-be1lun
debts.
t This last point we need not discuss, a
. this present writing, any further than to
say, that when a state, as an individual
dies, its assets go into the hands of its adj
ministrator to pay its debts. We are nj
heirs at law of the dead state, any NOR
: than the people Of West Virginia, or thos'
of Ohio and the other states that received
their advanced portions out Of her one
d munificent treasures. If we are, then W
are only liable to the extent Of actua
assets in our hands. But these assets
with the other rights and immunities of tn
n dead state, were administered upon by tn
Federal government, and the creditor
must look to the administrator for the
,e pro rata dividends out of a bankruI
to estate. If the administrator failed to d
10 clare the estate insolvent at the prop
stage of settlement, he may be proceede
il against on his bond, and compelled to pa
,t the whole debt.
IN If we have any of the old assets in o,
Of hands beyond what were destroyed by IL
q, administrator, or disposed of to us by h
st proper authority, let him call on us to a
y. count for the benefit of his, not oar, cred
~ tors. This is no humiliating attitude Fl
the citizens of the new Virginia to tax
We are now taxed by the Federal govern
ment, or the administrator on the estate
dead Virginia, not less than three milliol
to annually upon a single staple, to say not
a ing Of our other great industries, and wi
r. not insist that the h~ondholders shall 60
r. this mighty Crnsus-the dead Virginia
administrator-who is now plethoric wi
untold millions, and demand their mon
"A upon q just, righteous, and legitimately G
,;S ecuted bond? Why come to the ne
- Virginia for payment of the old Virglnit
- debts? West Virginia is the old Virgin
=. now-older by at least eight years than
- shall ever be, if we outlive the 5
~ Marino republic by q thousand yeal
- Let no man growl at our political ethi'
simply because Virginia rebels have I
~ been punished enough in his estimate
Grapple with our positions-demolish the
leave not a shred either to our lol
:. or our argument-but shrink I
,rb from the application of a princll
when it passes over INTO
essential element of human action. Pol
cal ethics are built on the same eterl
III principles of right and justice as thu
underlying all moral obligations. w
Themistocles, every citizen was to be
,l,v vised as to what was polite or prudel
. il with Aristides, as to what was just 0
A. right. Aristides is our statesman.