Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1865-10-07

accordingly but a very small portion OF
the aggregate and legitimate vote less
than 100 in vote usually numbering
from 700 to 10000 was permitted 10 ap-
neal 10 control matter OF so much i'm
portance, and whose determination thus
attempted TO be made. has been frought
with the evils and uncertainties which we
are now labOriDg so earnestly 10 remedy.
The result Of the vote, however, was re-
t,I ell to Governor PierpOlnt by him csr'
lfied TO the Governor OF Wes, Virginia.
and The Legislature Of thai State proceed
ed, by formal act TO declare tho county 10
be lhencelorward undrr the jurisdiction
of the new Sale. This ACT OF West Viz.
ginia accepting he county OF Jefferson
passed Nov. 3, 1863, Chap. 90, Tecites
the act OF Virginia. and receives The coun.
tv on The terms therein sci forth. 80 that
Iif we are in Wesi Virginia at all, il is evil
dent we are there by virtue Of no Consll'
uional provisions but through The vlgor
of simple acts of Assembly. But since II
lis psln that we are not admit ed into the
Federal Union as a part OF the State OF
West Virginia, nor in compliance, as Is
confessed. with any provision contained
in its Constitution, the acts OF Assembly,
by which it has been attempted TO trans
fer us 10 that State, are 80 yet lnoPerauVe
needing the concurrence Of Congress
and are mere propositions until such con-
currence be obtained, 10 enlarge the boun'
daIes of West Virginia.
Ours is nothing more than the ordina'
rv case Of two States proposing 10 change
or re.adiust their boundaries. This II is
admitted can be done bpl always and on
ly with The consent of Congress.
Bv Art. |, Sec. 10, Of the Constitution
Of the Uniled States, We learn that, mo
State shall without the consent Of Con
gress, enrr into any agreement or CON
pact with another State" No one, II Is
thought can doubt, that this is precisely
what is proposed 20 be done in the case
now under consideration; and that The
consent of Congress is, therefore, essen
uall, necessary to its validity; anG ihs
unu such consent shall be given we ere
still under The Jurisdiction of and subject
TO the laws OF Virginia. That in such Z
case the territory proposed 10 be sedec
should remain under the control of the ce
ding Site unnl The grant is ratified b!
Congress, is required for both the conVe'
nence and safely OF the people proposing
to change their political or State relations
For the Congress having the power &c
confirm, has, by necessary implication, the
power TO delesi the proposed cessIon; anc
should the State, endeaVoring 10 add The
new territory, al once establish it's gov
ernmenl over ii by organizing lis JudIcIs'
ry ,sdjudicaling cases, collecting taxes, DC,
and Congress should refuse lls concur
renee The territory and people involved
would be remited 10 The government oi
the old State, and all the acts and proceed
Iings of the new State would have been
null and void.
The views and principles here snnoun'
ced have been abnndandy sustained by
decisions Of The Supreme Court Of the
United States in cases involving similar
questions in other States.
Thus, Massachusetts, snd Rhode Is
land exchanged bv legislative acroR,s some
parts of their territory and, as in this case,
re-sdju ted their boundary line; bot when
their proceedings were brought into the
Supreme Court, IL refused To sustain them
unu the consent o. Congress Vss obtain
ed. Hence By the y. s. Statutes, I'd Ses-
sion, 50 Congress. page 3S2, 1t was en-
acted THAT the Attorney General Is
hereby authorised and directed 10 inter-
vene and represent The United States IN
the proceedings in Equity no" pending
in the Supreme Court between the Com
nonwpalh Of Massachusetts and The
State of Rhode Island. and 10 consent on
behalf of thu United States 10 the ADJUST
menI of said suit by Conventional line
10 be agreed upon between the PSrIes
and confirmed by decree OF the said
Court. if. in his judgement. the rights
and Interests OF the Umiled Slsles will
noi be prejudiced thereby" This was
done under the direction Of ihe Supreme
Cosrr. so thai, although, the TWO States
had agreed upon their cessions 10 each
other. the Court refused to confirm them
unless the Congress OF the United Siales
ratified them, which il in poinl Of fact die.
by appointing lis agent to give or with
hold It's cons-ni. Thus also the cesslon
of Boston Conner by MsssschUseus to
New York obIslned the consent Of Eon'
grsss. And lastly We have he case oi
Florida vs.. Georgia, 10 HOwsrds. 475
In that care Chief Justice fancy. IN
delivering the opinion Of the Court said:
by The l0ih sec. Art. lot, OF the Constr