Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1865-09-07


q bogus concern but you did say distinctly that the
Annexation Of Berkeley and Jefferson Counties was
a bogus cOncern-all was illegal &C. hat salu
about the matter is what now say
Very truly your friend,
J.. p. W. BALCH.
The repIv was made upon the back Of the note
wrote 10 Judge Balch and sent back 70 me by Mr.
Myers on the same day For the purpose 4i eallils
particular attention to the denial OF the charge Dy
the Judge have taken the liberty otialieiSlng saiu
do mot denv that said to Judge Balch that the
annexation Of Jefferson and Berkeley counties 70
West Virginia was illegal, and unconstitutional :
but did not use that inelegant expression bogus
concern" / was speaking as a lawyer 70 one VINO
being clothed with the judicial ermlne, we must
infer is a lawyer also. That is my opinion as law
YER and i think il Judge Balch viii take the con-
stitntion Of the United States the constitution OF
West Virginia and the acts Of Assembly oil the y tate
of VIRGINIA and West Virginia, and examine them
with his head and heart free from personal ana party
preiudice be cannot as alawyer, come 70 any Other
conclusion.
As this matter has never been considered by the
Preatmaorv Of the people of this county with these
laws before them that they could come 20 any
Just conclusion, propose 70 give orieny OF without
elaboration these laws, and my views Is LS"l en-
In The Constitution of the United States, Section
III, Of article " granting the power to admit new
States, this language occurs
sinto this Union; but no State shall be formed
cor erected within the Jurisdiction OF any other
Estate nor any State be formed by the sanction OF
''two or more States, or parts OF States without
she Of the legislature ofhe States concern
s'ed as well as Of the Congress.
IL is not necessary in finding the legal status OF
the counties Of jefferson and Berkeley TO consider
the question Of the erection OF the New state OF
West Virginia within the Jurisdiction OF Virginia.
The State of West Virginia Is fixed fact; and i
would not disturb its existence if could have been
IN favor Of division Of the State of Virginia by the
line Of the Blue Ridge, for twenty years West n
ginia has been admitted into the great family OF
States and its constitution adopted By the congress
Its erection within the Jurisdiction of Virginia. II
not in strict accordance with the Constitution, was
justified BY the erection of the State OF hentucky
within the jurisdiction Of Virginia BY an act OF Con
Vress approved the 4th February, 1871, and the ex
fgency a the times the general Assembly OF ir-
ginia on the 18th day of December, lIo9, having
passed an act authorizing convention O. De Hello IN
the district Of Kentucky 70 consider ana determine
whether il eXpedient for the people OF sl9 as
trct that the same should be erected into an indie
pendent State this convention was held and Men
tuckv became a State, the Congress eonsenilng.-,
Virginia ratified the Constitution OF the OhlteU
States on the 25th day Of June ltSS. The Opera
ton Of the Government, under the Constitution OF
the United States, did not commence before the lst
"Wednesday in March 1889. The erection therefore
Of the State Of Kentucky within the jurisdiction OF
the mother State, Virginia, wasmade less t1an TWO
years after the Constitution of United states became
operative and when IL was fresh in the hearts ana
minds of the great spirits who made and gave It's
vitality.
This certainly is a case in point in favor Of West
Virginia. The power then was not questioned, ana
an view of the action of Virginia In passing ITS Ordi-
nance of secession by which great portion OF the
people Of the State % be torn, against their
will from their allegiance % their government, II
ought not now, OF hereafter, to be Questioned
TemDOra nuf0Hfer, sed non teges.
far no N
ment that the erection Of the State of w est lrgna
within the jurisdiction Of the State OF Virginia. was
legal.
the consent Of the Congress? IL was composed OF
"A counties only The district composed Of Pendle-
ton Hampshire, Hardy and Morgan counties voted
subsequently, according % the provision oil the con
stitution Of West Virginia TO adopt her constitution
and BY the consent OF the Legislatures Oh the TWO
States, became part Of West Virginia.
The same clause Of the constitution which pro
yided for the admission of these four counties INTO
theme State provides also for the admission OF
jefferson, Berkeley and Frederick. 1t Is IN these
And ifa majority Ofthe votes cast at the election
cor elections held, provided IN the schedule here
sof in the district composed Of the counties OF Pen
"dletOn, Hardy, Hampshire and Morgan snatl DC i9
savor Of the adoption of this Constitution, the SAID
aff1ur counties shall also be included IN, and form
sfpart Of the State Of West Virginia; and If the
sssame shall be so included, and a majority OF the
'vOtes cast az the same election or elections In the
sdistriet composed of the counties Of Berkeley JET
tsferson and Frederick shall be in favor Of the adop
elton Of this Constitution, then the three last men
elton counties shall also be included IN and form
''part of fhe State Of West Virginia. Article See
40 Constitution Of West Virginia.
Here is an express power granted by the Const-
tution ofthe State-which is the supreme law OF the
Stately which these counties may become part
Of the State. These counties being specially named
in the Constitution, and the manner also oy Wnicn
alone they could become part OF the SA,S' Ge9-
nitelv prescribed by the Constitution ITSELF lt Is
clear that no act Of the General Assembly can vary
the terms OF their admission.
What were those terms?
lst majority Of the votes cast in the district
composed Of the counties OF Pendleton, Hardy,
Hampshire and Morgan, must uote to adopt the Con-
2nd These counties must BE- included IN, and
form a part Of, the State of West Virginia.
3rd. majority Of the votes cast at thesaid cleo
ton or elections, as provided IN the schedule m the
district composed Of the counties Of Jefferson, Berke-
lev and Frederick, mast Be 10 far0r Of thc adoption
q he Constellation of " est Virginia.
To the constitution Of West Virginia, as | hnd it
reported in the volume comprising the acts Of 1865
there Il no schedule. i am therefore without the
necessary data to show h0r, irhen and Ia rG H'aa-
Her these elections we're to be held.
The fact Is patent however that under this clause
81 the Constitution, Il the four counties Of Hampshire
Hardy, Pendleton and Morgan had not become a
Fet " -t~ ''''' DE- ntAgf aiN r leNel IN
could not And If, by any legislation Of the State
they were admitted without voting bv the district
10 adopt he Consultation Of the State their admission
was Unconstitutional, and therefore, void. N Is
equally clear that had the counties Of jefferson
Berkeley and Frederick voted at the said election 10
adopt the constitution, md the other four counties
had not that under that clause the three last men
toned counties could not have become part Of the
State. And the reason Is manifest. The four coun-
ties mentioned would still belong 70 Virginia, and
lie between and cut of the Jefferson district from
the balance Of the State. Can any reas0ner doubt,
ifa fair examination Of this clause Of the constitution,
that the convention in framing this section meant
20 be mperGiiue when they said that these counties
must vote By the district composing them 20 adopt
fhe CoHstiutioR or become part ofthe State? Il is