Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1865-08-19
very VuIy your TTIFHV'
l.. =. ". BALCH.

The reply was msde upon :he back Of
the note wfole 10 Ju ige Bslch End sen'
back TO ne by Mr.. Ny ers on the same
day. For the purpose Of calling par''cu'
lar attention 10 the denial OF he charge
by he Judge, have taken the liberty OF
nalicIsing said denial.
d. not deny tina, said TO Judge
Balch tina, the annexation Of Jefferson
and Berkeley counties 10 West Virgins
Was illegal, and unconstitutional; but
DID not use that Inelegant expression "bo'
gas concern" was speaking as law
Yer 10 one who, being clothed with The
ludiciaI ermiue. we must infer is q law
yer also. That is my opinion as law
yer. and. think, if Judge BsIch will
take he constitution 81 the u. States, the
constitution OF West Virginis, and The
acts Of Assembly Of the State Of Virginia,
and West Virginia, and examine them
with hi4 head and heart free from person
al and party prejudice. he cannot as q
lawyer. come 10 any Other CONCLUSION.
As this matter has never been consld-
ersd by the great majority Of the people
OF this county with these laws before
them 50 lhs, they could come to any just
conclusion, propose to give briefly or
without eIabOr alton. these laws. and my
views rs a lawyer, in regard TO them.
In The Constitution of lhs United States
Section III. Of arucls " granting the
power 70 admit New States, This language
Occprs-
New S,s,es NAV be admitted by the
"Congr-ss into this Union; but no New
"Slsis shall be formed or erected within
",hs Jursdic,ion Of any other State; nor
"sny State be formed by the sanction OF
",wo or more States, or Parts OF Stsses'
"w i,hout The consent Of the Legislature
"of the States concerned as well as OF
"lhe Congrss'."
], rs mol necessary in finding the legal
status Of the eouuiirs OF Jefferson sno
Berkeley 10 consider the question OF The
erection of The New STATE Of West |lr'
sinis within the Jurisdiction OF Virginia.
The SGae Of Wesr Virginia is fixed
fset; ami | would not dlsthrh ns existence
il | could. have been in favor OF d.
vision of the State Of Virginia, by the
line CT the Blue Ridge, for twenty years
Yves, Virginia has been admitted INTO The
gres, family of States. and lis eons''n'
lion adopted. by the Congress. lis cree
ton within the Jurisdiction Of Virginia,
If no, in strict accordance with the Con
s,i.u,ion. was justified BY the erection oil
the State OF Kentucky within the jurls'
djc,ion of Virginia by an act Of Congress
approved the Alb Of February. 1871, and
the exiyency of the times. The general
Assembly Of Virginia on the 18Th day oil
December, 1889. having passed an ac'
authorizing a convention 10 be held in the
5;sfy;ct of Kentucky TO consider and de-
,erDine whether il was expedieni for the
peopIs Of said disirio, sha, the same
should be erected into an Independent
State. This convention was held and
Kentucky became State. the Congress
conserving. Virgins ratified the Consn
tuiion of the Uni,sd States on the 2otf
dsy Of June 1888. The operation OF The
government. under the Constitution o
the limited States, did moi commence be
fore the LIST ednesdsy IN March 1888
The erection therefore Of the Stale o
Kentucky within the jurisdiction OF tht
na,hr, State. Virginia. ~ss made les:
than ,wo ye,rs after the Constitution o
,ha Uriled S,iies became opers,ise, snt
when # was fresh III sbe hea.is and mind