Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1865-11-21

:
10 add the new territory, at once establish its
government over it by organizing its jndicia-
~, adjudicating cases, collecting taxes, &c,
and Congress should refuse its concurrence
the territory and people involved would
be RENTED to the government of the old
State, and ali tie acts and proceedings of the
new State would have been null and void
And yet the State of West Virginia, without
the color of law, and in direct opposition to
the opinion OF the Congress of the United
States, heretofore expressed by it, as will be
seen hereafter, has assumed to establish its
government over Jefferson County, and still
continues to exercise jurisdiction ,therein
against the known will and wishes Of large
majority Of its citizens.
The views and principles herein announced
have been abundantly sustained by decisions
Ct the Supreme Court of the United States
in cases involving similar questions in other
States
Thus, Massachusetts and Rhode Island ex-
changed, by Legislative action, some parts of
their territory and, as in this ease, rc-adiust-
cd their boundary line; but when their pro-
cecdings were brought Into the Supreme
Court, it refused to sustain them until the
consent OfCongress was obtained. Hence by
the [. S. Statutes, "a session, So Congress.
page $50, it was enacted ''That the Attor-
ney General is hereby authorised and direc>
ted to intervene aud represent the United
Suites III the proceedings in Equity now pend>
ing in the Supreme Court between the Com
monECal;h Of Massachusetts and the State of
Rhode Island, and to c0HScpt on behalf of the
UniIeJ States to the adjustment of said suit
by Conventional line to be agreed upon be-
twcch the parties and confirmed bv IL decree
of the said Court, it. in his Judgment, the
rights and interests Of the United States will
not be prejudiced thereby" This was done
under the direction of the Supreme Court. Sc
that, although the two States had agreed
upon their csssions to each other the Court
refused to confirm them unless the Congress
OF the United States ratified them, which it
i'll point Of fact did, by appointing its agent
to give or withhold its consent Thus also
the cc$sion Of Boston Corner ly Massachu
sets to New York obtained the consent Of
Congress. We have also the case between
Tennessee and Virginia, which presents the
following state Of facts: All Tennessee was
once part Of North Carolina In 1873 two
d!tcrc2t lines were run, BY Giferevt s:lr7cy-
orS, between lrGinIa and NOr;h CGr0lna-
One State claimcd one boundary. the other
State the otler boundary. IN 1850 North
Carolina ccGcd all that part of her territory,
new Tennessee, with this disputed line, totfc
United States, who, by act Of Congress. list
Statutes at Large, 100, accepted the ccsson.
After Tennessee became State in 1902 the
I dispute WAS settled between Virginia and
! Tennessee by Il limc cTui-distant between the
two In 1858, after this new line was agreed
upon between Virginia and Tennessee. North
Carolina passed an act to authorize the State
OF Tennessee with this ncw line to perfect
TIT TO lands 'TithiEits limit, 70 Which North
/ 'nYf ~ II
1t expressly uIicct to he assent If CyDt;rcSS
In l&tG GO Statutes at Large, 3SD Con-
@rc5S gave that assent in terms so broad that
the Supreme Court 6 Wheaton. J3H. de-
cI@red thea umrcstr ctivc in their operation,
"6ccd"Sc "othiDg Start 'romlH gicc cf;cf t, tie
ProriS|oH& oj'fhc coL9DacL" See also thee
Of Green Us. Biddie Sth Wheaton p. I. The
compact between North Caro!na and Ten
ncsscc, fixing the boundary Inc between
them. also had the cons mt Of Congress-. Csce
Poole VS.. llccger, 18th Peters, j. POI. where
the Court cite the constitutional prohibition
OF Art. !, Sec. 10, and in speaking of the
right Of States to tx or alter boundaries. they
say that they have such right, but that its
exercise is guarded by single limitation OF;
restriction, m!i'ch is tie consent Of (ooYrcss."
Curtis: in citing this case in his Digest, n. 81.
says: 'Ih!s power, M1YM it c0n ouIv be
resides with tho sovc,:,1 St,.os ,; S':i.
his Commentaries n, fho Conyts;,t;o,' ~
tiops 1-tO2-? n1J,r tIo ,L.rt"r .''" .; ~
sProSiJitious on tho St,tos ,! G:,,;,, ''.s.u
.co,npacts sattl;Gp tho Lomr,i,.o. Int
Sta;cs' And l;S,l, ,,-n I.,,,o ~
Florida : Ccorr;a Ia T1..r.nI. '''c S'Ss Vi
In That coco H. CI;nf i',"t;o% 5l,....
nr the ooinior IF tLn Conr, ra;I. ..Ip.! ~
10th Sec ART Ist If tLn C 49,. by 'lc
State cam cntc,. into INV, a1,roa.,. u?
Dact with onotbcr S+at: IL. t .I VI co':',
nfCon~rcss Vor C,,o't;t'' enc consent
between S,o+os ;s in iti ,t',ra =, 'o''5:aIIy
question 10 be settled Ly rorct ,, rGL,'j L
the noIit;n,1 Gc,,ar.,o,;. of,Io .'''l'o "