Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1865-11-21

Seii' " ullStnree OF these Is given; the pro-
POSED Organization has neither life nor power
and is, therefore, without authority to ever
else any of.the functions which belong to y
separate and distinhct7governinent.
In the case in hand then, where portid,,
oi the people Of an old State have SOUGHT to
torn new ono: although the consent of the old
'Stste, On this instance Restored Virginia)
was obtained, and Constitution was ACTUALLY
formed and adopted, yet, according to thispro
VISION OF the Constitution Of the Uiiitcd
Estates, the new State CWest Virginial was
1tot entitled to extend its jurisdiction over the
territory and people proposed to be embraced
ty It, until an act of Congress, ratifying the
Creation OF tile new State, was obtained. I'm
~ that time, there was in fact mere promo
sutton to Congress ola certain number Of peo-
PIE; lnhabiting certain territory within the
'old State OF Virginia, to erect themselves into
p new State to be governed, when Congress-
9'houlq have assented lit, by the ConStitu-
ton thus adopted and presented By them
| The case is perfectly assimiated to the States
| of the Union, whose custom it is: in franinc,
thelr new Constitutions, to submit them to
| vote of the people. The power Of adopting
or Rejecting the rev Constitution, in that in
stance, lies with the people to whom it is re-
1erred-if adopted, it becomes the organic
aw Of the State from the time of its adoEtion.
nut if rejected. tits imperative, and never
vras entitled to obedience. In the instance Of
be Organization of new State within an old
o nc; the .ratitying power is with Congress, and
t. lie extent OF the power is the same.
SO that it is manifest that there was 10
: tate OF West Virginia at all, until Congress-
I:aliZed it by an exercise of its Constitutional
P over, and sanctioned its creation. From
II INT moment, and not until then was it entitled
| Ia he rop1rdO1 Lac -:
empowered to exercise the functions of a sem
arute and distinct State
Bit, as if to remove all doubts as to the
correctness of this proposition, the Convention
'ot RESTORED Virginia, in the very ordinance
authorizing the formation of the new State.
reserved to itself full and uninterrupted iu
rlsdlction within tho limits Of the proposed
few State, until Congress should admit it in
to the Union. The 18th section of that or
dinance is rs follows: ",Ehc Government of
the State OF Virginia, as rcor@aniZed in Junc
last, shall retain within the territory of the
proposed State, un3inliniShcdan and unimDaircd
all the powers and authority with Which It
has been Invested until the proposed State
Shall be admitted into the Union BIZ the Con-
grcss Of the United States.''
When that act of admission was rasscd and
its terms were, in every respect, complied
with, there is no doubt Gall other :!ntcccdcnt
proceedings being constitutional and regular y
the territory and people COMPOSING the State
OF " 5st Virginia passed from the contrOland
government of Virginia. But what was that
territory, and who were those people? BY
reference to the act Of admission we Gnd that
although the counties; forming the State Of
west Virginia, arc therein specifically euulac-
rated, neither the county Of JcGr1Son nor
He'%etcY is named, and, so far as that act
dscioscs, they are, therefore. still rart of
the State OF Virginia. But it is alleged that
provision to include them WAS made in the
Constitution Of West Virginia itself LET rs
turn then to that provision and sec how f,r
the political relations of these counties lave
been affected by it. The clause referred to
provides that, If at tie time, at which the Con-
Stltutlon was to be submitted to vote of the
people, "a majority Of the vote, cast in the
d!5trlet composed Of the counties of pandla
ton, Hardy, Hampshire and Morgan. sLollbe
in favor of the adoption Of this Constitution
the SAID four counties shall be Included in, and
form part OF, the State of West virginia and
II the same shall be so included. and ma
JOrlty OF the votes. cast al the said election or
elections in the district. composed Of the coun
ties. OF BcrkcIcy, Jefferson and Frederick.
snail be III favor OF the adoption of this Con-
stitut-on, then the three last mentioned con-,
ties shall also be included IL, and form Fart Of
the State Of West Ergina'' Thus it will
be perceived that the connection of the three
last framed counties with West Virginia de-
pendCd upon certain we'll defined conditions,
VIZ: lst That Pcndleton, Hardy, Hampshire
and Morgan should participate. in the election.
and, by Il majority Of the votes cast. sho,,Id
adopt the Constitution Of West Virginia "a.
That they QerEciey, Jefferson and Fred
erlck:) ana as diSh,4t, should also take mart
in the election, and by y majority of the votes
cast accept Tie same Constitution and 3rd.
That they should so vote on tbs day named
Tor the submission of the Comstit 'ti0n to the
action OF the people. Now it is iowhcrc
pretended that on the day, named in the
sche duIc. to take the vote alluded to, there
vas any attempt whatever to open DOLLS in
these two countlcS-On the contrary the dav
passed i'll profound silence on the subject,
and 'hey were i'll entire Ignorance Of the fact,
that, on that day, they We're expected to pass.
by IL cir own choice, to the Jurisdiction of
anoth er State.
Th 'rc was then failure to comply with the
terms OF the Constitution of West Viroiuia
upon 0e1uicscence i'll which, these counties
We're t. form part Of that State. and West
NlrSlni was accordingly admitted into the
| Union, y Congress, without any refcr5pce to
them whatever. With this view of the sub
Ject' VIII IN seems to have prevailed in the
mind of TIC authorities of both Virginia and
West Vi rsinia, we find, in the future attempts
to secure the annexation of these counties.
that no ;.IlusiOn has been made to the Com
Stltutlonal provision Of West Virginia. And
hence the act of Assembly otN-a passed NOV.
18th, 1867, Chap. IS, entitled " An act giv-
ing consent to the admission of certain conn
ties into he new State of West Virginia uryn
certain conditions" the consent proceeded
upon the assumption that the jurisdiction Of
the State of Virginia was, at that date vet
compiete over the territory described ;andihe
act OF " est Virginia OF Nnrcmhnr 1SGa