Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1865-08-19

The Constitution OF The Otale 10 Tie cuh
,tarv notwithstanding. But suppose 1t
could be done. What additional terrific
~ is neant} II cannot mean either Jei,
ferson, Berkeley or Frederick for specri
provision is made for them and in 3 way
sci forth in the Constitution itself. Some
other territory mus, he meant. What
territory ls it? bet the Legislature
which admitted Jefferson and Berkeley
under this clause answer. presume
nobody else can. Yet Jefferson and
Berk eley were admitted under that clause.
think it is manifest that the ConVen'
ton did not contemplate or desire the ad-
mission of Berkeley and Jefferson unless
thew came with Frederick. Under the
Constitution, PendIeIon. Hardy. HamP-
shire and Morgan were to compose theiO'h
Judicial circuit, and the l0ln Senatorial
district. This until The next aPPortlon'
men,. And that apporrionmenI could not
be declared by law until after the nex'
census taken by authority Of tho United
SAFES. Where did the General Assembly
derive the power 10 add Jefferson and
Berkeley to the 10th Circuit as it was
declared by the Constitution And when
the power 10 admit the delegates from
these counties to their seats in The Legls-
la,ure No such aPporlionment, re.
member, has ever been made, and more
can be made until after the next census.
Is il not clear that in admitting these
counties, giving seats to their delegates,
and changing the lOIh circuit as il came
to us from the Constitution. they have
done 90 in violation of the express pro-
visions OF tina, sacred instrument
Again, there is no provision made in
tho Constitution for the admission OF
Berkeley and Jefferson separately. Pro-
vision is only made for them to come with
Frederick. If these three counties came
in accordance with the requirements Of
that instrument they were to conpofe the
mn Judicial Circuit, the mn Sen.
utorim District. aud choose Two Senators.
Berkeley and Morgan were 10 be The IN
delegate district aud choose two delegates.
Ham pshlre, Frederick and Jefferson were
to have ,~o each. But there is no spp"r
tionment by he Constitution, if Frederick
fails 10 become a part OF the State Tor
the counties Of Jeh'erson and Berkeley
The conclusion. therett re-. is almost IRE
sisnble that the Convention did no, con
TEMPLATE or desire the admission separate
" Of these TWO counties. II is certain
that no authority has been given by the
Constitution to the Legislature 10 make
any spporionmenI touching these two
counties unlil after the next census.
1t is con'ended that the Legislature o.
Virginia and West Virginia having by al
est Of said Legislatures admitted the coun
ties Of jefferson aid Bt,hervy ,no, heir
action ls all that is necessary 10 tx the
status Of those counties and is 6naily.
Let us see how far this is true. The
county OF Berkeley wss admitted on The
5ih August 1863, under the 18th section
Of Article 4, Constitution Of Wesl Viz
GINA, By special ACT Of ihst date. The
&C! giving the consent Of the State OF Viz
GINA 10 the admission Of Berkeley va,
passed Jan'y 81, 1863. The only su-
,hority given for this act is to be found in
the preamble 10 the act. Ii is this thnt
Nv hereas, by the Constitution for the
Estate OF West Virginia, ratified by the
"people thereof, it is provided that add
"tonal territory may be admitted INTO and
"become part Of said Safe with the con-
"seni OF the Legislature thereof, and II is
Represented 10 The General Assembly
"lhal The people OF the county OF Berke,
"ley are DESTROYS that said county should
"be sdnlled into and become part OF the
Estate Of West Virginia; now, therefore,
'be il enacted, &C."
II was admitted therefore, as we are
here told, by authority Of a clause in the
Constitution OF The State Of Hest Virgin
ia and the naked representation that the
people Of Berkeley desired il.
Who gave the Legislature OF Virginia
the power 10 do this acl Who gave that
Legislature the pODer TO set apart ana
transfer 10 another State any portion Of
the State Of Trginia ? The territory
comprising the State of Virginia belongs
not 10 the Legislature of the State but 10
the people Of The State.
The Legislature of West Virginia may
have been authorized by the Constitution
of her State TO receiUe additional territory
but that Constitution canuot confer upon
the Legislature of another State the power
10 grant. And if she has so granted. she
has only conveyed, and West Virginia has
only received, an empty title. The SOW
ereign power within the limits OF a State
is not The Legislature, bu. The people.
~ Ir:-:.;. ayar Civsn