The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1865-09-04
HYUE Pam, \. 81, A1a. 3, 1855

I gllr=sasa
HYBE PARK, n. n, AnE. 2s, 1855.
4. N. C.A1fPBELL, B1sslia6, VIA:
/ DEAR sIR--I am indebted to your
kindness for q alp from your paper Of
the 18th inst. dust HeceiYedl, containing
. Letter from Hon. II. l.. Dawes, ~
Massachusetts, ia reply to your editO-
rial OF the 10Th inst, ia relation 70 the
i position Of the counties Of Berkeley and
Jefferson. The latter have not heen.
4 aud II IL only Few DAYS since / fint
4 Learned that the question whether lhose
lcOuntles are legally parts OF West Viz
l giniA, Wns publicly discussed.
i The HctA Of Virginia and West VIZ
ginin on the subject IRE not within my
reach, nor have ] access here 10 ths re-
\ ports OF tho Supreme Court or the laws
Of the United Statls. In the remarks
which follow, therefore, speak only
from TeCOllectlOns Of the steps taken 10
tnlinBfer the above counties TO our State,
and necessarily coniine myself 10 the
extracts from tho decisions Of the Su-
premB Court aud tho acts OF Congress
Furnished by MF. Dawes. /, however,
beg leave 10 state, that / am strongly
lOl the Impression that ther0 have been
several adjustments Of boundaries be-
tween Statea TO which the consent Of
Congress has not been invoked. II /
nnd8Fstfnd Mr.. Dawes correctly, theFe
were two such casea betReen hnsSa-
chusetts and Rhode Island, In only one
Of which was there any action by Com
gFess.
The fact that the two counties were
Originally intended by both States to
constitute part Of West Virginia, has,
70 my mind, no bearing on the legal
aspect OF the present question. hmny,
however, he ~ well 70 say here, that
the great majority Of our constitutional
convention desired to include them, In
order that the Baltimore and Ohio Rail-
road might he wholly within the States
Of Maryland and West Virginia, and,
~ an act Of justice TO the old State,
steadily refused to incorporate any Of
the counties which, from their position,
were deemed tributary TO the Virginia
and Tennessee Railroad, n work Of
greater commercial Importance to Viz
GINA than any other constructed with
hcr aid. ~,
} The question before us Is then re-
solved into tho simple inquiry whether
the legislation OF the two States Is suftl-
Client OF ItselftO detach the counties Of
Berkley and Jefferson from Virginia.
and Incorporate them into the State OF
West Virginia. My recollection IL, that
In the case Of each, the Legislature Of
the former State passed an net bywlheh
1.-THE voters of the county were author
lied 10 hold an election on dRycertain,
ut which they might vote for or against
kho annexation (as. think II was
termetl) OF their county to the State Oi
West Virginia, and ifA certain proper
ton Greater than " majority Of the
: votes should be In favor of such annex
IatioM, the Legislature consented there
Ito, and directed their Governor to Ger.
ltify the result, &c., to the Governor oil
West Virginia, under, the seal Of the
lCommOnWenlth. The votes In both
cases being in favor of annexation, the
prescribed certificate was made and
: forwarded IN each and laid before the
z Legislature of the latter State; where.
upon acts wore passed by that body, on
different days, respectively setting forth
the above proceedings, and declaring
each of the saId counties part and par
: eel OF the State Of West Virginia. OH
ciul copies Of these acts were deposited
In the Stlte department atWashington,
1 land WerO, doubtless, the basis of the nc
lltl6nGf ~ ~ IN tvrC
Z douhat WeFp Included III 4 iFeySnal
{ tllstfiet ofNFest Virginia. j
d The Afgnnient Of Mr.. Dawes and thi
decisions 81 tle supreme Court quotes
J, by him are fotlnded on the elqlige Otl till
: Consiitp lou ~ tho U ited ties which
D t0Rblds Q State to enter into any agree
a lhent or compact with another state
without the consent Of Congress. lfthe
! proceedings of tho two States under
Z consideration are Hnngreement or COM
) lpact between them, or oven In the ma,
ture thereof II must bO admitted thai
the so-Called annexation will not be
complete until the consent Of Congress
Is given. But it is submitted that such
, Ils not the cnse. o,e
There WINS nothing In the nature Of
negotiation between the two States u
any time; there were no mutual, de.
pendent, or conditional undertakings
or promises, nor was there anything
moving from either 10 the other in the
mature Of n consideration. The simple
statement of the case is, shat the State
OF Virginia authorized the transfer of a
certuin portion of her territory, with the
consent of Il majority or plurality fits
inhabitants, TO the State OF West Yir.
pinIa, and on the petition of such In
ENbitants, showing such authorization
the latter State Incorporated such terri
tory with their own, and assumed It's
Jurisdiction, tho action of tho Que State
being complete before that OF tho other
was initiated, There was not, in fact,
even n tender on the part Of one State
land an acceptance by the other. The
State OF West Virginia was in no sense
Ri marty 10 the Arrangement In tle case