Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1865-11-14

meeung VIII De SO shapeo as that every one
will have something assigned him to do
He OiHdcerpected to be there to do at.
HON. G.PARS;F1ft's LETTER ON C ~ s1P PRE-
SENT LEGAL STATUS OF BERKELEY
AND JEFFERSON COUNTIES.
According IS promise we publish, III this
weeks number of the Spirit, the letter of
this distinguished jurist, and hope that it
will secrre that attention which its merits so
eminently Deserve. Mr.. Parker discusses the
question'of our status, in its legal aspect, with
4 force and clearness of reasoning which must
conduct every one, who will weigh properly
his coge1t arguments, to the conclusion at
which he has arrived, viz: that, as the con-
sent of three parties, under the law, is re-
quired to tee contamination of a transfer of
any portion of the territory of one State to
another-the ccding State, the acquiring
Safe, aid the Congress of the United States
=sthe act is merely incohate and incomplete
until this concurrence of the will of all of
them exists at oneand the same time II is
at the a'oarer Of either one of them, before
s'fch ce-existence, to 'eithc2ra'o from the COM
pact and defeat the proposed anneration.--
Says Mr.. 2. "the consent of the three pow
ers must be had before the change is con-
summated. These consents, too, must concur
or cO-eriSt az the same time" A familiar ex-
ample: in the way of illustration, may be
found IN what are termed articles of copart>
nership.. If ALB, and determine to enter
into this relation Partnership and y and 3
execute the contract, so far as to sign and
seal 1t, it is well known and incoutestible
principle oflaw that either of them may with
draw, with entire impunity, from the agree
ment until c shall also have assentcd to it.
Until shall have affixed his name to it, it
Is, in contemplation of law, no contract 1T ALL
The deduction, then, of Mr. Parker we BE-
ieVe to be incontrovertiblc-tha the success
OF the scheme to incorporate the counties of
Berkeley and Jefferson with the State of West
Virginia depends upon the ratification, h7
Congress, Of the Legislation Of the two. States
eoncerned-already had-dctore a repeal, by
either of them, OF suck act or acts as they
have passed on the subject ST the two
States interested agree, and before Congress
: 3tves its consent, one of the States rcrohcs, as
ftauay, the ncgotiation falls, and t14 c3::Scnt
OF Congress Gtierer0rd cannot sdue-for at no
time does the consent of the three pE7t:cs
concur or co-exist." We think, then. there
can be 10 doubt as to the propriety of the pc
tltion, which we noticed, in our last issue, as
Ia circulation for the signatures of rhe citizens
y ha 81, y -
OF Virginia to repeal all acts by which, here
totcre, the proposed annexation" has been
attempted to be accomplished.
But the justice of our application to the
Legislature is sustained by something more
than the mere technical advantages of the
law. The circumstances under which the
question of transfer was submitted to a vote
of the people of the county precludcd all pos
sibility Of a fair expression of their wishes
1t is evident from the ceding act of Virginia
passed Feb i, 1868, that it was the intention
ofthat State not to part with her jurisdiction,
over Jefferson county, unless the consent of
its people, to that end, could be fairly OBJ
tanned.
The first section of that act provides, sthat,
at the general election on the fourth, Thurs
day of May, 1868; tic diseri4s Composed of
the counties Of Frederick anu Jefferson. or
either Ct them" may ':declare, by thcirvotes,
whether the counties OF the last named dis
trlct shall be annexed to, ana become part of
West Virginia. But by section it is stip
ulated that, ''in the event the state of the
country te'H not permit, or from any cause.
said election for annexation cannot be fair7y
held on the day oJorcsaid, it shall be theduty
of the Governor of this Commonwealth. rs
soon as such Can be safely held, ard a fuH,
and free expression Of the o',inio:t OF IT, nee.
pie had thereon. to issue his proclamation, Or
dering sucA election for tic l,niposc gJoyesai9,
and certify the result aforesaid"
Now, such-was the disturbed and disouieted
condition of this county from the commences
ment of the war % It's close. 1t is we'll known
that there were but two attempts to hold an
election by the people, under the.auspiccs of
any government, from the fourt;2s 4E1-:rsdavOf
May. 1861, until long after the surrender of
the Confederate armies. The first Of tncsc'
was essayed on the important question Of a
transfer of the county to West Virginia- in
May, 1868. Th4rcSaIt oH that election is a
sufficient commentary upon the iiiprop-fcty
of that effort, and establishes, beyond dispute,
a-failure to comply with the terms of the act
under which it was directed to be held
Such and so great were the difficulties sur
Rounding the attempt that there were !3:,t two
precifots-Shcphcrdstown and Harper's'F Fer
ry-at' whicha poll was venturcd to be made,
and thG'whole vote cast was less than o.1e
hrndred in q county 11snallu rntnrnin.. IN Il