The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1865-09-19
Berkeley ana Jefferson Countless
Letter from "A Leading West virginia

Letter from n Leading West Virginia
Lawyer.
cLAEKsnuRo, w. VA, Sept. Is.
Editors IRtetligcHccr:
There have recently appeared in your
paper several articles in relation to the
status of the counties of Berkeley and
Jefferson, and among them is one from
Mr.. Dawes, u member of Congress from
Massachusetts, who takes the position
that although the legislation on the
part of the State of Virginia may be
sufficient, as it is admitted to be, to
transfer the two counties named to the
State of West Virginia, and the leEislu-
ton of the last nunlsd State sufficient,
as it is admitted to be, to atlmit the said
two counties into, and make them part
of, her territory; yet it is still necessary
that Congress- shall ''consent to" or
confirm" this agreement" before it
can take effect. Now is this PROPOSE
ton of Mr.. Dawes cOrreCt2 l do not
admit that il is, but as it has been ably
contested by Senator Van Wrinkle, i'll u
late number of your paper, and as the
does not shake the position taken by
You i'll your editorial on the subject, l
will not nowS cOntrovcrt it.
But if Mr.. Dawes is correct, when
shall the consent OF Congress" TO the
"ngreement or compact" be given
Before or after the ''ngreement or COM
pact is mudeP Mr.. Dawes quotes and
relies on the 10th see. of Art. l Of the
Constitution of the United States, as
| follows: .'NO State shall, IrithoWt tie
consent Of Congress, eRter INTO aug agree
meMt or compact iTith another State"
From the language here used it would
seem clear that the consent must be given
by Congress before one State can enter
| into any compact or agreement with
/ fnf lint & nr Ma
entered into between States without
| the consent of Congress, there is no
good reason why it might not be ratified
afterwards by Congress, rs Mr.. Dawes
says is the uniform practice, Congress
| consented to the admission of the coun-
ties of Berkeley and Jefferson into the
State of West Nirginiu before they were
admitted and the ratification of Con-
gross is not now necessary to cOIlGlln
their admission.
1t is reasonable TO suppose that Con-
greSS intended to do what is the neceS-
sary consequence of its acts. When
/ application was made to admit the State
West Virginia into the Union the Con-
stitution adopted by the people of the
State was examined by Congress that it
might see whether il was Republican
| i'll form" or not. Congress would moi
admit the State upon the Constitution
rs first offered to it, but proposed that
if the people of the State would amend
| the Constitution by inserting n proVis.
| that ii would consent TO admit the State
| The people accepted the proposed
amendment, Congress proposed III
modification of any feature in the Con.
4 stitutton, but admitted the State will
its proposed Constitution as thus
amended, declaring it republican in
| form" Congress having undertaken
to reform the Constitution it is reason
able to suppose that it did not stop as
long as it contained an Objectionable
principle or claimed II power for the
Legislature of the proposed State which
it did not intend to give to it.
The 10 Sec. of the ~ Art. of the Con
stitution of the State of West Virgini;
declares that: Traditional territory ana,
be admitted into aud become part Of hi
State, triti the consent of the legislature.
4 Congress, then, has consented tina
additional territory may be admitteI
into this State, with the consent of tn
legislature" The General Assembly o
Virginia has consented that the peOpl
of Berkeley and Jefferson countie
should say whether or not their countie
should become part of West Virginia
The Governor of Virginia has certifie,
, that the people of Berkeley and Jetfer
son voted in favor of their counties be
ing united to the State of West Virginia
and the legislature of West Virgins
has given its unanimous consent tina
the said counties "mny be admitte,
into and become part of this Statev b,
J passing acts declaring that said cOun
ties are admitted into and made part
of this State" Does not this action q
the Legislature, being within the authori
ty conferred by Congress, settle conclu
sively the status of these counties
viii Mr.. Dawes deny it? Can it b
deniedF