Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1865-11-14
pRESKNT LEGAL STATUS OF BERKELEY ASp
JEFFERSON COUNTIES.
Editors Ltelligencer :

SAt0 GiIo IeCcuL correspondence III your co.'s
umns between Mr.. Dawes on the one side,
and Messrs. Van Winkle, Stanton and others
on the other. For my own part, l can say
have never entertained doubt on the sub
ject, and, if had, this correspondence would
certainly have removed it. The loyal people,
thus far by the aid of friends residing in 9TH
er States, have been able to inaugurate, COM
plete and sustain the new State, without, and
often against, the efforts, influence and machi~
nations of pretentiOus political leaders who
have tGLteI one str,e ctnG tccr&el tie Other-
now feel constrained te make an effort to res
cue the above counties from the imminent
peril they have bFen purposcly or ignorantly,
and certainly unp sccssarily, gotten into-and
secure them as legitimate parts of the new
State. That they are not SO now must be ev>
ident to all those who have read the CORES
pOndence. he TWO letters of Mr. Dawes, as
we'll as his Report at the last session of Con-
greSs, as Chairman of the Committee on Elec-
tiOns, in the case Of Mckenzie u.s. Kitchen,
when the point came directly in issue, and in
which the committee was unanimous, affords
conclusive evidence, not only of what the law
ought to be, but of what it has been settled to
be by the Supreme Court of the United States,
viz: That no compact agreement between
the two States which changes the boundary
less consented to by Congress. The consent
ct the three powers must be had before the
change IS ecnsummatcd. These consents,
too, must yEsHcwr or cO-c.rtSt at the same time.
1T the two States interested agree, and before
Congress gives its consent one Of the States
revokes, as 1t may, the negotiation fails, and
the consent of Congress afterward cannot save
-1Or at no time does the consents of the
three parties concur or co-cxist. Nor can the
performance OF any acts by either State in
pursuance of such incohatc agreement stop
the other from receding before Congress con-
scnts, or impose any especial obligation on
Congress to assent. To admit power in two
States to impose such an obligation, would
impose restrictions on the discretion of Con
gress not allowed by the Constitution.
1t is a well settled principle of law that
owners of adjoining lands may ascertain, and
re>establish dividing line without cxchan"-
ing any deeds, which are required to pass IL
tie; and the reason is, there is no passing of
title or change of boundary, but only a ind
ing, liking and dre-cStablishinS the old bouuda-
Fy line. OF course States may do the same
thing without the consent Of Congress, as it
does not change one title, the true limits of
their respective territory or jurisdiction, or
involve compact or agreement of the politi-
cal character contemplated by the Constitu-
tion.
But to infer from this that two States can
agree to transfer from the territory and iu-
TlSdictlOn of one to that of the other. two old.
well defined and regularly organized counties
like Berkeley and Jefferson, which. together.
contain 4lO square miles, and in 1860, 81
l2S inhabitants, and chaMye all their criStiny
""tion0t relations as parts Of the eM .Stutc,
Us military, .j"t'cial, congressional and inter-
nal reOe"ae districts, o0uA tie numerous post
Offices, dc, 0U, fired IN the national orqamisn,
as dei"y i';rtS Of Virginia, and instead of
Strengthening the line make it a complete
gig zag-without the consent of Congress, is
simply absurd. If two counties can be sO
transferred, why not 10 or 20; and if 90.
why not all the counties of Virginia? and so
the old State, one of the essential members
of the national organization, will become
merged and disappear, together with its SEN
ators and other Congressional representatives.
Nor would the consolidation stop here; others
would follow and our present beautiful sys
tenn become consolidated Empire, worse by
far than secession. This [ submit is the lc-
gtimate consequence ct the principle if es-
tablished
The only known way Of one State acquir ng
territory and jurisdiction from another, is by
purchase, which implies compact or agree
ment, or by conquest, which implies force
Ihe gentlemen will not contend that thcy
have acquired it by the latter, whatever NAV
be their future intention. OF course it can
only be done by compact or agreement be-
tween the States, contemplated by the Con-
stItutlOn as requiring the consent of Con-
GrcSs.
The interest which it is essential for the
nation to protect and guard and 50 enttlc it
to a voice, cannot, l submit, be confined to
land or territory as Mr.. Stanton seems to
suppose, but must extend to its right of emf
nent domain, aud to the preservation of its
political organization,
1t Is submitted that the cases cited by both
parties, establish this doctrine The early
cases Of the Virginia Legislature cited bv
Mr' stanton, import on their face only to re-
establish and reatfirm boundaries. which had
been previously declared and assentcd to bv
ConSress-mcrely acccptances and afTirma>
tlons of reports of surveyors or commission
crs, who had been appointed to actually RIM
and mark the lines called tor in the prryous,
ly existing compacts of session, to which
Congress had assented.
In the case of Green as. Biddlo VIII
Wheaton, p. L, expressly affirms the law to
be as have stated, and that sit was not mo-
,cessary the compact should be in anv mr.
tienlar /or"s." Tie substance only ,eas 10 Le
looked at.
In$the case of Pool Us. Frccsrcc, II Pc
terssp 2O7, which is directly in point, and
the court says, in speaking of the right of
States to fix or alter boundaries, that they
h q right, "but that its exercise is guarded
by as5hgle limitation or restriction, tchi,h is
che eicoasent Of Congress-" In tho last case
the Jurisdiction Of the States of Kentucky
and Tennessee were i'll question, and also IT,
ties to lands, G"t to no tamt III tohich the
GniteG StGtcs haI any interest as o,Cncrs.
Its only interest was to preserve and protect
its rights of eminent domain and its political
organism.
The second position taken by Mr.. Stan