Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1865-09-28

slaII com
posed of Tazwell Bland &c. to declare by theirvote.
whether said counties shall be annexed to and be
come part of the State of West Virginia y; anc
after embracing other counties by districts il pro
ceeds: also at the same time, the district o0mpos
ed of the counties of Frederick and Jefferson eth
er of them to declare by their votes whether tn.
counties of the said last named district shall be an
nexed to and become part of the State of West Viz
ginia." And the Legislature, if a majority in the
said counties should be in favor of annexation tC
West Virginia, resigns all jurisdiction over them
" Provided the State of West Virginia shall also
consent and agree to the said annexation" That
election nominally held in Jefferson, but there
were but two places in the county (Shepherdstowr
amp Harper's Ferry at which there was offered an
| opportunity to the people to cast their votes upon
question submitted to them, and accordingly but a
very small portion of the aggregate and legitimate
vote less than 100 in vote usually numbering
from 100 to 2000) was permitted to appear to con-
troll matter of so much Importance, and whose de-
termination thus attempted to be made, has been
frought with the evils and uncertainties which We
are now laboring so earnestly to remedy. The re-
suit OF the vote, however, was returned to Cover
nor Perpoint, By him certified to the Governor of
West Virginia, and the Legislature of that State
proceeded, by formal act to declare the county TO
be thenceforward under the jurisdiction of the new
State. This act of West Virginia accepting the
county of Jefferson passed Nov. 2, 1863 Chap, 30,
rectes the act of Virginia, and receives the county
upon the terms herin set forth. So that if we are
in West Virginia at all, it is evidentwe there by
virtue of no Constitutional provisions but through
the vigor of simple acts of Assembly. But since it
is plain that we were not admitted into the Federal
union as part of the State OF West Virginia nor
in compliance, is confessed, with any provision
contained in its Constitution the acts of Assembly,
| by which it has been attempted 10 transfer Us TO
that State, as yet notwithstanding the con-
currence of Congress-and are mere propositions
until such concurrence be obtained to enlarge the
boundaries of West Virginia.
Ours is nothing more than the ordinary case of
two States proposing to change or re-0djrst their
boundaries. This it is admitted can be done but al
ways and only with the consent of Congress.
By Art. l, See 10, of the Constitution of the Tn
tied States, we learn that No State shall without
the consent of Congress, enter into any agreement
or compact with another State" No one, il Is
thought can doubt, that that is precisely what is
proposed to be done in the now under consider
alton and that the consent OF Congress Is therefore,
essentially necessary to its validity; and that until
such consent shall be given we are still under the
Jurisdiction of and subject the laws of Virginia..
That in such the territory proposed to be ce-
ded should remain under the control of the ceding
State until the grant is ratified by Congress, is
required for both the convenience and safety OF the
people proposing 70 change their political or State
relations. For the Congress having the power to
confirm, has, by necessary implication, the power 70
defeat the proposed cesson and should the State,
endeavoring to add the new territory, ut ocne es-
ablish its government over il by organizing Its Ju-
dietary, adjudicatng cases, collecting taxes &C.,
and Congress should refuse its concurrence the ter
ritory and people involved would be RENTED to
the government of the old State, and all the acts
and proceedings of the new State would have been
null and void.
The views and principles here announced have been
abundantlv sustained by decisions of the Supreme
Court of the United States in involving SINH
| lar questions in other States.
Thus Massachusetts, and Rhode Island exchanged,
by legislative action some parts OF their territory
and in this case, readusted their boundary line;
but when their proceedings were brought into the
Supreme Court, it refused TO sustain them until the
consent of Congress was obtained. Hence by the
Z. s. Statutes I'd Session. 35 Congress page $50. it
was enacted " That the Attorney General is hereby
authorised and directed to intervene and represent
the United States in the proceedings in Equity now
pending in the Supreme Court between the Com
monwcath of Massachusetts, and the State of Rhode
Island and consent behalf of the United States
to the adjustment of said suit by Conventional line
to be agreed upon between the parties and confirm
ed by decree of the said Court IT, in his judgement,
the rights and interests of the United States will not
be preudiced thereby" This was done under the
direction of the Supreme Court, that, although,
the two States had agreed upon their cessions to
each other the Court refused TO confirm them unless
the Congress of the United States ratified them
which it in point of fact did by appointing its agent
TO give or Withhold its consent. Thus also the ces
sion of Boston Corner by Massachusetts, 10 New
York obtained the consehtOf Congress. And lastly,
we have the case of Florida VS.. Georgia. 10, How
ards AIS.
In that case the Chief Justice fancy. in deliver
ing the opinion of the Court said by the 10th
Sec Art LIST, OF the Constitution, State enter
into any agreement or compact with another State
without the consent of Congress. Now a question
of boundary between States is, in its nature po-
litical question TO be settled by compact made by
the political departments of the Government. And
if Florida and Georgia had, by negotiations and
agreement proceeded to adjust the boundary, any
compact between them would have been null and
void without the assent of Congress. This prOvi-
sion is evidently intended 10 guard the rights and
interests of the other States and to any
pact or agreement between any two States which
might afectinjuriously the interests of others And
the right and duty toprOtect their interests is vested
in the General Government"
But in the very matter now in controversy be-
tween the States of Virginia and West Virginia the
Congress of the United States in the contested cleo
ton of Mr.. Kitchen. has determined, that Jefferson
and Berkeley counties are no part of the State Of
West Virginia and cannot become such until an act
asserting to the terms Of cesson shall have been
first passed by Congress.
Your committee, therefore, from these consider
atoms and others, think that there be diver
sty of opinion TO the necessity of act OF the
Congress Of the United States ratiying the propos
ed transfer of the counties concerned before such
transfer can be validy made; and that as doubtless
the authorities of West Virginia will at the coming
session of the National Legislature, appeal to that
body TO confirm their acquisition OF the valuable ter
ritory involved; in view of the meagre vote by
which it has been shown the project was sustained
in Jefferson county they confidently hope and be-
lieve that as that honorable body in the admission
of the State itself saw proper to prescribe
dtions upon which it could enter the Union require
ing even amendment ofits organic law; its high
sense of justice cannot but perceive the equity of
the suggestion which they now venture TO make,
viz: that the whole bect should again be referred
back to the people of the county for their determi
nation and they are satisfied that whatever may
be the decision which can now be made, in the
changed condition Of affairs with so much more in
telgence and freedom than in the fever and tumult
of civil war, all of discomfort and complaint
on the vcxatious subject will be forever removed.
Your Committee, therefore, most respectfully
submit the following preamble and resolutions:
Whereas, after a careful examination of the
subject, it now abundantly appears, that the
county Of Jefferson, at least up to the present
time, and until the further action of the Con-
gress of the United States, forms no part Of the
new State of West Virginia, but remains under
the government and jurisdiction of Virginia;
and it further appearing to the entire satisfac-