The New era. [volume] (Martinsburg, W. Va.) 1865-1871, 1865-10-05

they were IN favor OF becoming part OF
West Virginia. Berkeley and Jefferson
so voted, IN form, but no vote was taken
or poll or polls opened in Frederick.
About one-third of the vote of Berkeley
was polled, and at two precincts in JEFF
ferson only, some one or two hundred
votes were cast in favor of annexation.
The Legislature of West Virginia, by
separate acts, gave its sanction there
upon, subsequent to the final adoption
of its Constitution to the admission of
Berkeley and Jefferson, viz: On the 9Th
Of August, 1863, as to the first, and on
the I'd of November, 1868, as to the
last.
The Constitution of the United States
requires, for manifest reasons, that i" No
State be formed by the junction of two
or more States, or parts of States, with
out the consent of the Legislatures of
the States concerned, as we'll as of Con-
gress." This clause, manifestly embraces
the case of the formation of new State
by the junction of State and part of a
State. This is established by the follow
ing extract from the "Debates in the
Federal Convention" page 1890:
"Mr. Gerry moved to insert, after or
parts of States the words, or a State
and part of a State , which was disagreed
to by large majority 1t appearing to
be supposed that the case aUas cOnepre-
hentled IN the acorols Of the clause as re-
ported by the Committee"
Such is the universal legal interpre
tation Of such clauses; and the Con-
vention, consulting brevity, and avoid
ing surplusage, as usual, deemed it UNI
necessary to make it more explicit.
No application was made to Congress
to sanction this Legislation of Virginia
and West Virginia. Considerations in
the changed condition of things, as to
slavery, or otherwise, might have in
fluenced Congress-as it, hesitatingly.
indeed, I believe, assented to the estab-
lishment of West Virginia-tor refuse its
assent to such anneXation-especially as
the original provision in the West Vir-
ginia Constitution contemplated mani
testify the entire District of Berkeley,
Jefferson and Frederick, or no part of
them.
Thus far, it is conceded, by all who
have carefully examined this subject,
that the annexation was not complete.
It is supposed, however, by some, doubt
less without scrutinizing enquiry into
the purport and operation of the clause,
that the provision in the Constitution of
West Virginia, article 4, section Is,
which declares, that Traditional Terri
tory may be admitted into and become
part of the State with the consent of the
Legislature" dispenses with the neces-
sity of any further application to Con-
gress to sanction the annexation of
Berkeley and Jefferson, inasmuch as
Congress sanctioned the Constitution of
West Virginia, and with it, of course,
that provision.
If this be SO, Notwithstanding the pro-
vision in the Constitution of the United
States, requiring the consent of Congress
| to the junction, as well as the division of
States, Congress could, of course, not
| only give like general authority to any
other State to acquire additional terri
tory, but could pass general laO, waiv-
ing it's supervisory control over any par
ticularjunction ofStates or parts Of States,
or any division of States, or the admis-
sion of new States.
A reference to the structure of our
Government and to the discussions in
the body which established it will clearly
ascertain, that any addition to, or sub
division of the areas of the then exist
ing States, or the admission of new
States was not only contemplated to be
expressly subject to the supervision Of
Congress, but that general antecedent
and sweeping reputation of its right
and DUTY to consider each especial pro.