tion of the question, and put forever at rest, any doubt about the legitimacy of the Wheeling government. [Luther v. Borden, 7 Howard Rep. p. 1.] This is the case growing out of the celebrated Dorr rebellion in Rhode Island, in 1840, and involves the very question. under consideration. It is useless to go into the history of the origin of that conflict. There were two governors and legislatures in that state -the minority, or charter government, with Gov. King at its head, and the majority, or popular government, with Gov. Dorr at its head. John Tyler, a Virginian, then president of the United States, decided in favor of the minority or charter government; and in pursuance of a request of Gov. King for national aid, similar to that made by Gov. Pierpont, the president offered the military and naval force of the United States to Governor King, and the Dorr government thereupon succumbed and was disbanded. The question involved was carried to the supreme court of the United States, and Chief Justice Taney delivered the opinion of the whole court. No lawyer can deny, that if President Tyler had recognized the Dorr government, the supreme court would have guided its judgment accordingly. The supreme court say:

"The power of deciding whether the government of the United States is bound to interfere (in case of domestic violence between conflicting parties in a state), is given to the president of the United States. He is to act upon the application of the legislature or of the executive, and consequently he must determine what body of men constitute the legislature, and who is the governor, before he can act. The fact that both parties claim to be the government can not alter the case, for both can not be entitled to it. If there be an armed conflict, it is a case of domestic violence, and one of the parties must be in insurrection against the lawful government; and the president must necessarily decide which is the government, and which party is unlawfully arrayed against it, in order to perform his duty. And after the president has acted and called out the militia, his decision can not be reviewed by any legal tribunal, It is said this power in the president is dangerous to liberty, and may be abused. All power may be abused if placed in unworthy hands; but it would be difficult to point out any other hands in which this power could be more safe and at the same time equally effective. At all events, it is conferred upon him by the constitution and laws of the United States, and must, therefore, be respected and enforced by its judicial tribunals.'

"In one word, the question between two governments in a state, under these circumstances, is not a judicial question at all, but rests solely with the president under the constitution and laws; and his decision is final and binding, and settles all claims between conflicting jurisdictions in a state.

"President Lincoln responded nobly to the call of Gov. Pierpont, and furnished the requisite aid to the restored government. The battles of Phillipi and Rich Mountain followed, and the Confederates were driven out of Western Virginia. Here, then, was a definite and final settlement of the questions as to who was governor of Virginia, by the president, and no tribunal or authority can review that decision or call it in question. The heads of the executive departments have recognized the restored government-the secretary of war by assigning

quotas under calls for volunteers; the treasurer by paying over to the state, upon the order of its legislature, her share of the proceeds of the sales of public lands, and so on.

"On the 20th of August, 1861, the convention at Wheeling, being still in session, provided for the election of congressmen, and they were received into the lower house. They also called the legislature of Virginia together at Wheeling, to consist of such members as had been elected previous to the passage of the ordinance of secession, and provided for filling vacancies if any by election. And on July 9th, the legislature elected John S. Carlile and Waitman T. Willey as senators of the United States, from Virginia, to supply the places of R. M. T. Hunter and James M. Mason. These senators were admitted to seats in the senate of the United States, and were so recognized by both the executive and legislative branches of the federal government, so that any question as to the rightfulness of the legislature at Wheeling as the legislature of Virginia was at an end.

"Thus the State of Virginia, with a governor and legislature, and other state machinery in operation, recognized by all departments of the federal government, was fully adequate to the exercise of all the functions of a state, as well then and now, as at any period of her history.

"Let us now turn to the constitution of the United States, article iv, sec. 3, which reads as follows: 'New states may be admitted by the congress into the Union; but no new state shall be formed or erected within the jurisdiction of any other state, nor any state be formed by the junction of two or more states, or parts of states, without the consent of the legislatures of the states concerned, as well as of the congress.'

"Now it is apparent that to form a new state out of a part of the State of Virginia, the concurrent consent of the legislature of Virginia and of congress is all that is needed under the constitution. We have shown that the government at Wheeling was the government of Virginia, with a duly constituted governor, legislature, etc.; and the way pointed out by the constitution is plain. Let us now see whether the necessary steps were taken as prescribed by the constitution of the United States.

"On August 20, 1861, the convention passed an ordinance providing for the submission of the question of the formation of a new state to the people, and also further the election of delegates to a convention to form a constitution for the new state, if the people decided in favor of it; and also for the various details of the movement. The governor was directed to lay before the general assembly, at its next ensuing meeting, for their consent, the result, if that result should be favorable to a new state, in accordance with the constitution of the United States. The peoples expressed themselves by an overwhelming majority in favor of a new state. The constitutional convention for the new state met and prepared a constitution, which was ratified by the people, and the necessary officers for the state government chosen. At the next session of the legislature of Virginia, on May 13, 1862, that body gave its formal consent to the formation of the State of West Virginia, within the jurisdiction of Virginia, and directed that the act be transmitted to their senators and representatives in congress, and they

were requested to use their endeavors to obtain the consent of congress to the admission of the new state into the Union.

"At the following session of congress, the application was formally made, first to the senate. Pending its consideration, an amendment to the state constitution was proposed, providing for the gradual abolition of slavery, and also for the submission of the amendment to the people of the new state; and if approved by them, the president of the United States was, by proclamation, to announce the fact, and the state should be admitted into the Union. In this shape the bill for admission passed the senate, and afterward the house, and was approved by the president. The constitutional convention for the new state held an immediate session, approved the congressional amendment, and submitted the constitution thus amended, to the people, who also approved it by an overwhelming majority; and so, now, all that was needed in order to its admission into the Union, was the procla mation of the president, which was accordingly issued; and on the 20th of June, 1863, the new member, with its motto, "Montani semper liberi," was born into the family of states in the midst of the throes of a mighty revolution, and cradled in storms more terrible and destructive than any that ever swept among its mountains, but clothed in the majesty of constitutional right.

"Until the time fixed by act of congress, West Virginia was not a state, and the movement, therefore, did not interfere with the regular and successful operation of the government of Virginia. As soon, however, as the time for the inauguration of the new state arrived, Gov. Pierpont and the officers of the government of Virginia, in accordance with an act of the legislature, removed to Alexandria, Va., where the seat of government was, and still is located; and A. J. Boreman, the first governor of West Virginia, was duly installed, and the seat of government temporarily fixed at Wheeling, until the times become more settled, so that the capital of the new state may be located nearer the geographical center of its territory.

"The area of the new state is 23,000 square miles-twenty times as large as Rhode Island, more than ten times as large as Delaware, five times as large as Connecticut, three times as large as Massachusetts, more than twice as large as New Hampshire, and more than twice as large as Maryland-an area about equal to the aggregate of Rhode Island, Connecticut, Delaware, Massachusetts and Vermont.

According to the census of 1860, it had a white population of 335,000—a population much greater than any of the new states, at the time of their admission into the Union, and much greater than many of the old states.

It is among the most loyal of the states, for she has always filled her quotas under all calls without a draft: she furnished more than 20,000 soldiers for the Union, and several thousands in excess of all drafts. The revenue of the whole State of Virginia in 1850 was only $533,000, while in 1860 the forty-eight counties composing the new state paid over $600,000 into the state treasury.

"The new state has a rich legacy committed to her keeping, and has all the elements to make a great and prosperous commonwealth. Lumber, coal, iron, petroleum, salt, etc., abound, and the fertility of her soil is equal to that of most states in the Union. And now that

she is freed from the incubus of slavery, and wealth and enterprise are beginning to develop her resources, she will outstrip many of the more favored states and take her place among the foremost commonwealths."

The most noted towns of the state are Wheeling and Parkersburg, both of which are on the Ohio. Parkersburg is situated on the river at the mouth of the Little Kanawha, a few miles below Marietta, Ohio, and 100 below Wheeling. It has a connection with the west by the Cincinnati & Marietta railroad, and with the east by the Northwestern railroad, the southernmost fork of the Baltimore & Ohio railroad. It is a thriving town of about 7000 inhabitants. The valley of the Little Kanawha is of growing importance from its wealth in petroleum: oil wells of great richness are being worked. Just below Parkersburg is the long celebrated Blannerhasset's Island, so charmingly described by Wirt in his graceful oratory at the trial of Aaron Burr at Richmond, half a century ago. Herman Blannerhasset was of wealthy Irish parentage and born in England. He married Miss Adeline Agnew, a grand-daughter of General Agnew, who was with Wolfe at Quebec. She was a most elegant and accomplished woman and he a refined and scholarly man. In 1798 he began his improvements upon the island. In 1805, Aaron Burr landed on the island, where he was entertained with hospitality by the family.

Wheeling is on the east bank of Ohio River, and on both sides of Wheeling creek, 351 miles from Richmond, 56 miles from Pittsburg, and 365 above Cincinnati. The hills back of the city come near the river, so as to leave but a limited area for building, so that the place is forced to extend along the high alluvial bank for two miles. A fine stone bridge over Wheeling creek connects the upper and lower portions of the city. Wheeling is the most It is important place on the Ohio River between Cincinnati and Pittsburg. surrounded by bold hills containing inexhaustible quantities of bituminous coal, from which the numerous manufacturing establishments are supplied at a small expense. The place contains several iron foundries, cotton mills, and factories of various kinds. A large business is done in the building of steamboats. Population 1860, 14,000,

The National Road, from Cumberland across the Alleghany Mountains to St. Louis, passes through Wheeling, and the Baltimore and Ohio Railroad terminates here, making this place a great thoroughfare of travel between the east and west. The Ohio River is crossed here by a magnificent wire suspension bridge, erected at a cost of upward of $200,000. Its span, one of the longest in the world, measures 1,010 feet. The hight of the towers is 153 feet above low water mark, and 60 above the abutments. The entire bridge is supported by 12 wire cables, 1,380 feet in length and 4 inches in diameter, each composed of 550 strands. These cables are laid in pairs, 3 pairs on each side of the flooring.

In 1769 Col. Ebenezer Zane, his brothers Silas and Jonathan, with some others from the south branch of the Potomac, visited the Ohio for the purpose of making improvements, and severally proceeded to select positions for their future residence. They chose for their residence the site now occupied by the city of Wheeling, and having made the requisite preparations. returned to their former homes, and brought out their families the ensuing

year. The Zanes were men of enterprise, tempered with prudence, and directed by sound judgment. To the bravery and good conduct of these three brothers, the Wheeling settlement was mainly indebted for its security and preservation during the war of the revolution. Soon after the settlement of this place other settlements were made at different points, both above and below Wheeling, in the country on Buffalo, Short and Grave creeks.

The name of Wheeling was originally Weeling, which in the Delaware language signifies the place of a head. At a very early day, some whites descending the Ohio in a boat, stopped at the mouth of the creek and were murdered by Indians. The savages cut off the head of one of their victims, and placing it on a pole with its face toward the river, called the spot Weeling.

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The view shows the appearance of Wheeling as it is entered upon the Baltimore and Ohio Railroad. The steamboat landing and part of the city are seen in the central part. The suspension bridge crossing over to Wheeling Island on the left. Part of the railroad depot is on the right.

The most important event in the history of Wheeling was the siege of Fort Henry, at the mouth of Wheeling creek, in September, 1777. The fort was originally called Fort Fincastle, and was a place of refuge for the settlers in Dunmore's war. The name was afterward changed to Henry, in honor of Patrick Henry. The Indians who besieged the fort were estimated at from 380 to 500 warriors, led on by the notorious Simon Girty. The garrison numbered only 42 fighting men, under the command of Col. Shepherd. The savages made several attempts to force themselves into the fort; they were driven back by the unerring rifle shots of the brave little garrison. A reinforcement of about 50 men having got into the fort, the Indians raised the siege, having lost from 60 to 100 men. The loss of the garrison was 26 killed, all of whom, excepting three or four, fell in an ambuscade outside the