Mr. LAWRENCE, of Ohio. Well, Mr., Speaker, although it is not material to the question before the House, I will briefly state my position on that subject. I maintain that the original lawful State government of old Virginia "wasoverthrown by the rebellion, but that the geographical State of Virginia and the population of Virginia all remained in the Union. I maintain that it then became the duty of Congress to guaranty to the geograph ical State a government republican in form; that Congress did it; that when the Peirpoint government was 1st set up in Virginia it became the dejure government of Virginia, and was recognized as republican in form, and had then the capacity to consent to the erection of the new State of WestVirginia that it did consent to the erection of the new State of WestVirginia, and there became then 2 States in the territory formerly of Virginiathe State of Virginia and the State of WestVirginia. I hdl that since that time the government of old Virginia, which had been set up under Governor Pei point as a new State government, has ceased to be a de jure government, but the geo graphical State of Virginia as it csrsts after the erection of WestVirginia still lives in the Union, and her people are in the Union; that they have simply a defado government; that it is nota government dejars, and because it is not a government dejure this legislative body of RiShmond had no authority by the passage of an act to withdraw consent which the prior d6 jure government of Virginia had given to. the transfer of these 2 counties from old 11” mm. to WestVirginia. That is my idea of the matter. I have occupied more time than I ought to have done in answering my colleague on the committee. I have answered every objection Even without which I have heard, except one which has been sent to e in a ewspaper with a passage marked o that I might notice it. The eading of the paper is as follows: “THE NEW ERA. E. W. Aivnnsws, EDITOR. uvnPUBLISHER. Martimburg, WeillVirginia.” It is under date of Thursday, Janua 25, 1866. In that paperis an article, which understand has been circulated extensively among members of Congress, containing these words: “But why is it that neither in this report nor elsewhere is it attempted to be shown that the Legisla prep of Virginia has any powerto alien these counes n This article refers to the report I had the honor to make to this House on the 12th of January last, and presents the inquirywhether the Legistature of a State has the power to consent to transfer counties from that State to another State. I am a little surprised this question should be made, because in the case of Georgia vs. Florida, 17 HowardsReports, 478, the Supreme Court held that the power of changing State boundaries with the consent of congress is one of the essential attributes of the imited sovereignty of States, expressly recognized by the national constitution. A different rule of construction is applicable when you come to interpret the constitution of the U.S and the constitution of a State. The authorities on this subject are collected in a case in the 20th volume of the Ohio reports, which I do not now have before me. The constitution of the U.S. creates a national Government with limited powers, enu merated powers, and such incidental powers as are necessary to carry them into effect. But the government of every State in this Union is of a different character. It is of that limited sovereignty which a State may have and its government is not a government of enumerated powers, but it is a government having all the powers of legislation which are not denied to it, either by the constitution of the U.S or by the constitution of the State. Now, among the powers of sovereignty in every internationa State is the power to transfer territorial juris: diction. This power is recognized by the laws of nations. It is a part of the treatymaking power of all nations. But in our 3 stem that sovereign power has been restraine, so far as the States of this Union are concerned, by the constitution of the U.S. They can not, as an absolute sovereignty may, transfer territories and territorial jurisdiction by an treatymaking power; they cannot transfer it to any foreign Government; but as between themselves territories and territorial jurisdiction may be transferred by the consent of congress. This power has been exercised by the States in ceding jurisdiction to the national Government for forts, arsenals dockyards, and for the DistCol. this a power not now to be doubted. As between Virginia and WestVirginia, the territorial sovereignty over these 2 counties then has been transferred, and it only requires the assent of Congress to complete it. That is the very question now submitted to this House, to determine whether we shall give this assent.