Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1865-09-07

clear to my mind that ifthey did not cote 6y me d's
,r;s and di9 not rofe 10 adopt the Constitution that
they are not eonstitWtioRGHy IN the state Oh west
Virginia. - r.sr,.,o,,
RarFelev and Frederick never did vote to adopt the
coDstitrtion of West Virginia and did not vote at
the election referred TO in that constitution.
There is another clause Of the constitution which
Is relied upon for the legality OF the annexation oil
Prelev and Jefferson 10 the State of West Virgin
ia II Is 10 be found in the 10th Sec. Article Attn,
and i in these words additional territory may be
admitted into and become part Of this State with
the consent Of the legislature. 80
4 lawyer must look upon tins provision OF tne
Constitution with establishment when he Is told that
some of the best heads in West Virginia were IN the
convention that framed her constitution. The idea
that West Virginia can annex additional territory
simply by the consent Of her Legislature! Gould
the Legislature annex the county OF Allegheny IN
MARYLAND bv the consent Of the Legislature alone
Ifthere are those within her borders who are sim
ple enough to think so let them try it next winter
Let them try TO annex Frederick county Virginia,
under this clause and see If they Will succeed;
take il that the people OF that county ana the UON
ernOr of Virginia will have something 10 say IN the
matter the constitution of the State 10 the contrary
Notwithstanding. But suppose it could be done
What additional territory is meant? IL cannot
mean either Jefferson Berkeley or Frederick for
special provision is made for them and In way set
forth in the constitution ITSELF Some other territory
Legislature which admitted jefferson and Berkeley
under this clause answer. presume nobody else
can. Yet jefferson and Berkeley were admitted I'M
der that clause.
think it is manifest that the convention did not
CONTEMPLATE or desire the admission OfBerkeley and
Jefferson unless they came with Frederick. Under
the Constitution Pendleton, Hardy, Hampshire and
Morgan were 10 compose the 10th Judicial Circuit,
and the 10th Senatorial district
This until the next appOrtiOnment. And that
- ...l1 r,nfh n AanlQrnd
aher the next census taken by the authority OF the
United States Where did the General Assembly
derive the power 70 add Jefferson and Berkeley TO
the 10th Circuit il was declared by the ConSutu-
tiong And when the power to admit the delegates
from these counties 70 their seats In the legislature
M such apportionment, remember has ever been
made and none can be made until after the next
census Is it not clear thatin admitting these cOun-
ties giving seats 70 their delegates and eAGAg,R9
the 10th circuit as il came TO us from the ConSutu
tion they have done in violation OF express pro-
visions OF that sacred lstrumentY
Again, there is no provision made IN the COnstl-
tuition for the admission of Berkeley and jefferson
separately. Provision is only made for them to
come with Frederick. II these three counties came
in accordance with the requirements OF that instru
ment they were TO compose The llh Judicial ctrcHH
and he llh Senatorial district and choose two Sena-
tors Berkl " and Morgan were to be the Ithd egate
district and choose two delegates. Hampshire,
Frederick and Jefferson were to have two each
But there Is no uN tue tuiotltutAuh'
If Frederick fails TO become part the State, for
the counties of Jefferson and Berkeley. The con
clusion is almost irresistible that the convention
did not contemplate or desire the admission separ-
ately of these two counties. Ii Is certain that no
authority has been given by the constitution to the
Legislature 10 make any appOrtionment touching
these two counties until after the next census.
Ii is cOntended that the Legislature Of Virginia
and West Virginia having by an act OF said LegiSa-
lures admitted the counties Of Jefferson and Berke-
Al Il. = hat il N
the status Of those counties and is tnality. Let
hs see how far this is true. The county Of Berkeley
was admitted on the 5th August 1868, under the 18th
section Of Article 4, Constitution Of West Virginia,
bv special act of that date. The act giving the
consent of the State of Virginia to the admission of
Berkeley was passed Jan'y 81, 1868. The only
hOritv given for this act is 10 be found in the pre-
amble 20 the act. 1t is this that:
Whereas. by the Constitution for the State of
'West Virginia. ratified by the people thereof II Is
provided that additional territory may be admitted
"nto and become part Of said State with the con
sent Of the Legislature thereof and It's represented
stO the General Assembly that the people Of the
county of Berkeley are DESTROYS that said county
'shOuld be admitted into and become part OF the
Estate Of West Virginia; nowj therefore, be 1t en-
acted, &C"
Ii was admitted therefore, as we are here told, by
authority Of clause in the Constitution of the
State Of West Virginia and the naked representation
that the people of Berkeley desired it.
90 do this act? Who gave that Legislature the
Dorer % apart and transfer 10 another State any
portion Of the State Of Virginia The territory
comprising the State Of Virginia belongs not TO the
Legislature of the State but to the people OF the
state.
The Legislature Of West Virginia NAV have been
authorized by the constitution of her State to recetre
additional territory, but that constitution cannot
confer upon the Legislature of another State the
power 10 grant. And if she has granted, she
has only conveyed. and West Virginia has only re-
ceived an empty title The sovereign power within
the limits of State is not the Legislature, but the
people. Have the people of Virginia ever given
their consent that Jefferson and Berkeley should
De handed overland and peOple-to the State of
West Virginia Never. And if they had done so
is this an that is necessary 20 be done? No. The
Congress of the United States after the legal trans
fer has been made, must give its consent. The Con-
gress has,not so consented She has fixed the boun-
her consent all the Legislatures earth cannot al
ter them. Done without the consent of the sOver-
eign people of Virginia, and the Congress, it is an
usurpatiOn ofpOwer unwarranted, unjust improper
illegal and unconstitutional.
dencefOrth there are 10 be two States in the ter
ritory which once comprised the great Common
wealth Of Virginia. The boundary lines in
dispute commission must ultimately settle the
question In the meantime, let the sovereign peO-
pie of Virginia meet in Convention and propose
decent boundary for the two States. Let II be
determined BY the commercial geography of the
country. Make the Blue Ridge the line, and then
the whole Valley of Virginia will go to the West,
and all the elements of dscOrd be forever re-
moved. -
JOHN ". KENNEDY.
n