Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1865-08-19

This certainly is case 10 point in IA
vor OF West Virginia. The power then
was not questioned, and 10 view Of the
action of Virginia in passing it's ordinance
Of secession, by which great portion Of
the people of the State were 10 be torn
against their will from their allegiance TO
their government, it ought not now, or
hereafter, to be questioned. TeuPora
mutanlur, sed non leges.
II is assumed. therefore. for the sake oil
the argument. that the erection OF the
State of West Virginia within the juris-
diclion of the State of Virginia, was loyal.
Now what was that Stale IS it was so
erected by the consen. of the Congress 7
II was composed Of "A counties only.
The district composed Of Pendlelon,
Hampshire. Hardy and Morgan counties
voted subsequently,, according TO the pro-.
vision of the Constitution Of West Viz
ginia. to adopt her Constitution. and By
the consent of the Legislatures of the two
States became part Of West Virginia.
The same clause of the Constitution
which provided for the admission of these
four counties into The new Stale provides
also for the admission OF Jefferson, Bsrk-
LEY and Frederick. I. is in these words:
And if majority Of the votes cast at
1.-The election or elections held. as Provi-
'ded in the schedule hereof. in the dis
",ric, composed of the counties o. Pen.
"dlelon, Hardy. Hampshire, and Nor
"ean. shall be in favor of the adoption Of
this Constitution. the said four counties
"shell also be included in, and form part
"of, the Slate Of West Virginia; and if
"lhe same shall be so included, and ms.
"jorly Of the woes east a, the same cleo
",ion or elections in the district composed
"of the counties OF Berkeley, Jefferson
land Frederick shall be in favor of the
"aaop,ion Of This Constitution, then tie
'.u.ree last mentioned counties shall also
i"be included io, and form part of the
"Slslr Of West Virginia. Article ], Sec.
-. Constitution of West Virginia"
Here is 40 express power granted by
the Constitution Of he Stsle---whch is
the supreme law OF The Stately which
these counties NAV become part Of the
State These coun'ss being specially
named in The Constitution. and the man
ner also by which alone they could be-
come part Of the State definitely pre-
scrlbed by the Constitution itself, II lie
clesr ths, no &C, OF the General Assembly
can vary the terms OF their admission.
What were those terms
la A majority OF the votes cast IN The
district composed OF the counties Of Pen
de,on. Hardy, Hsmpshlre and Morgan,
must vote 10 odop! the constitution.
2nd. Those counties must be included
in. and form part Of, The Stale o!
Yves, Virginia.
3rd. A majority of the votes cast at the
raid election or elections, as provided in
the schedule, in the district composed Of
the counties Of Jefferson. Berkeley and
Frederick, must be cast in favor Of tho
adoption of The Con,itution Of West
Virginia.
To the Constitution Of West Virginia,
as find i. reported in the volume COM
prising the acts of 1863, there is no
schedule. am therefore without The
necessary dale to show hoao, fchen. and
in what manner these elections were 10
be held
The fact is patent however that under
this clause of The Constitution, if the four
counties of Hampshire, Hardy, Pendle-
ton and Morgan had not become part Of
the State, jefferson, Berkeley and Fred
erick could not. And if, by any legIsla-
ton of the State, they were admitted
withou, voting by the district 10 adopt
the constitution of the State, their ad-
mission was unconstitutional, and there.
fore, void. lis equally clear that had
The counties Of Jefferson, Berkeley and
Frederick voted al the said election to
adopt The constitution, and the other four
counties had not. that under that clause
the three las, mentioned counties could
not have become par, Of the State. And
The reason is manifest. The four counties
mentioned would still belong to Virgins.
and lie between. and cut of the Jefferson
dislric, from the balance Of the State.
Csn any ressoner doubt. after fair ex'
animation Of this clause Of the Consttu-
lion. tina, the convention in framing this
section meant 10 be imperative when they
said that these counties must vote by the
district composing them 10 adopt the
constitution or become a part OF the
Sla;e I lis clear to my mind that if they
did not vote BY the District, and did mt
uote 10 adopt the Constitution that they
are no, sonstitutiOnally in the State Of
IVES, Virginia.
The district com posing the counties OF