The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1880-11-18

| penublicnns cannot agree upon this question and
believing that the time has arrived for patriots OF
All parties trike for the restoration of one glor1-
Gus sold Doli ii,.n tle mother Of Washington and
Jefferson, Of Madison and 3liy, Of Lee and 'acNso
and If Malone and hnmas) AMI tie payin mt Of
the ci ,si u her iebt jt eAis I'd in 1861 vi n
itei est fr.;iii ~ of her restoration q ter
" no CHI as 70 te'ther re ad ulster runtei,
Gfgss n Refill leans u This state 10 disi ose II
ts Iue..tiou by putting :t'ink in their piG for
III OF testing before me supreme Court Of tie
Iitaf sites, the constiSaii hiiaiIy OK the a. OF
Cong rss creating West Virginia, ny which set the
OLD State dismembereG.
haze III my possession "a letter frofa of tho
n 81 eminent iursts In our countr! seliat Ed
nun is u, vermont, In which tier he stared, With
out ong into he merits u the case that this que'-
ton a very important legal one.
also have In my possession a letter from dis
ting lishod member Of President hayes' cabinet,
Secretary s'.erman In which he too stated that fe
m Important legal lestion and tlat ne veted
f,r tae aei''i creating West Virginia during tie
stress of var.
III. ,,:s5 ne Court of the United States has in It's
deci. .eeognzed the authority Of the reLe tate
Govc etlt cf Tennessee. where loyal state Coy
lie constitution ef he United States forbids tho
ereatetlof State ont OF the territory of an Old
without the consent of said State. ! his corse1
was .eser ,otafneei ia the Nrst virginia c-ise, III
the re 3ured ty tn constitution since sal
Ii recog, authority of the reiei STAT
Government II Tennessee may rely upon tie
recognition of the rebel STATE Government Of Viz
si,I the bul 7t ( CT III, Som ,el, Confectionery
the Government OF the people of Virginia, and not
the loyal State Government at Alexandria, which
exercised no authority beyond the outposts OF the
Federal Army
1t is true the Supreme Court decided in favor OF
West Virginia and sustained the 'thority of the
brought by Virginia for the recovery counties
of Berkeley and Jefferson. The court decided this
case properiycould not have decided it otherwise,
1t was presented to said body. This fragment OF
the sold Dominion" as Virginia sued West Virginia
In said court and thereby recognized the sovereign
ty OF the State of West Virginia and Indirectly the
authority of the Alexandria Government; II the Al
exandrta Government had right to act for the
"Old Dominion" In the one case, 1t had right to
act in the other. Investigation will doubtless prove
that neither the Alexandria Government nor the
Government of Virginia, as at present constituted
had the right to act for the old State
| If the Republicans of this State, who have been
| dubbed "carpet baggers, scalawaes and nig2ers,
should make effort to effect the restora
ton OF the sold Dominion y they VIII secure such
army OF recruits, will enable them to overcome
all opposition as the hearts of our people would
soon be enlisted in the MOI ement. The unnatural
boundary between the two Tirgnas reminds us of
! the bloody struggle, and is living thorn in the
side of our people. Let after inauguratfng this
| measure call upon our distnguished leader who
has Just been the first Office in the gift OF
| the American people, ana has never known defeat,
to favor, IN his inaugural, the restoration OF our
| glorious 'Od Dominion to the galaxy of States
which constitute the American Uni'sn Let US also
endeavor 10 enlist tAe synpathes OF the great party,
| which conducted the for rreserva-
| ton OF the Union to successful issue, in behalf
of this measure, as it would in this way show its
magnaniiiy to its chief adversary in the late civil
war, and the only that suffered martyrdom.
Before closing this communication, the writer de-
sires to suggest plan to test the constituonality
of the act of Congress creating West Virginia with
view TO the restoration of the old State. AS the
div1dunI to sue -tate, but allows one State to sue
another, would suggest that one or more of the
bonds that issued by the old State, be secured
by friends and assigned to States whose
thorites favored this inquiry in order that said
State might sue the sold Dominion" in said court
The authorities of the two Virgntas which are de-
facto but not de ure States could not act In the
premises in an official capacity.
In defending this suit the friends of the Old Do
min1on coud put in the plea that the old State was
| conquered and her territory appropriated, at the
will Of the conquerer, in disregard of her consttu
uonal rfghtS-that the act OF Congress creating
West Virginia, by which the old State was dismem-
bered was unconstitutional, and ask the court to
declare 1t null and void and the old State still living
in the eye of the constitution in dormant state,
and bound for the settlement of all existing obliga
lions, according to the rules of equity.
If, on the other hand, the court should affirm the
constitutionaty of said act 1t will be compelled to
declare the United States government bound by in
ternationa law for the debts Of the defunct State.
The fact that the remainder of the old State after
being held military province was admitted
into the Union Virginia, could not bind her for
the debt of the old State any more than West Vir-
ginia was bound for 1t.
If the Old Dominion is not restored and the pres
ent Virginia is not released, by international law
from the payment of her debit the court will doubt
less declare her released under the rules of equity
on the ground that the territory of West Virginia
is worth the debt
When monarchia Governments assume the pay
ment, under international law, of the debts of
Iuered nations, whose territory has been appro
priated they tax their newly acquired subjects, in
order thar they may be reimbursed; but our Re-
public ires territory by purchase. as In the case
Of Louisi ga, Florida &C., and by conquest as in
the case of certain Mexican provinces and makes
no chargor the cost Of the acquired territory, but
admits ali States carved ont Of said territories,
free and Independent of debt and in all other
spects
Under these circumstances Messrs. Editors let US,
invoking the aid of all patriotic virginians make
one grand effort to secure the restoration of the
State of ancestors and the payment of the prin
cipal of the debt which she owed when she was
forced into secession by the folly Of men, who con-
troted public sentiment in the South
The writer will be pleased to hear from other per-
upon this subject
Respectfully submitted,
j. AUGUSTUS NICHE.
P.S.-A1 editors who would like to see the old
State restored will please give this article inser
ton &C. J. A. NJ.