The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1866-12-24
DERKELEY AND JEFFERsON.
Bill in ChanCery fled by Virginia TO
recover Jurisdiction OF those
Counties.

mOni0ealth Of YirgiNid, Complainant,
Us The State Of West Virginid.-The
Attorney General of the State Of Vir-
ginia now filed tho following bill against
the State OF West Virginia, which re-
lntes in detail all the facts In respect to
the territory In dispute between the two
sovereignties; ..,,
That on the 18th day of May, 1862,
the General Assembly Of Virginia pass
ed an act giving the consent OF the
State to the formation and erection oi Il
new State, within the jurisdiction OF the
Commonwealth, to include the counties
named in the act, according TO the
boundaries and under the provisions
set forth in the constitution for the
State OF West Virginia, and the sched-
ule thereto annexed, proposed by the
convention which assembled at Wheel.
ing on the Goth OF November, 1851.
And IN and by the second section Of
the snid act 1t was furtherprovided that
the consent of the Legislature of the
State of Virginia was thereby given TO
the counties of Berkeley, Jefferson, and
Frederick, which were not within the
described boundaries Of the proposed
new State, and not of the counties emu
merated and specified as constituting
the territory of the proposed new State,
should be included in and form part
OF the State ofWest Virginia whenever
the voters of said county should rattfy
and assent TO the said constitution, mt
an election to be held Tor that purpose at
such time and under such regulations
us the commissioners named in the said
schedule annexed to the proposed con-
stitution might prescribe; all Of which
will more fully appear by reference to
cOpy of said net hereto annexed and
marked "Exhibit l." ian act giving the
consent of the Legislature Of Virginia
10 the formation and erection ofa new
State within thejurisdlction ofthe State,
passed May lS, 1922
And the Commonwealth OF Virginia
states that no action Whatever wns had
or taken under or in accordance with
the said second section Of said act, and
that afterwards, when such proceedings
were hud, that on the Goth Of April,
1862, II was proclaimed by the Presi-
dent OF tho United States, under the
authority OF an net of the Congress OF
the United States, that the State OF West
Virginia, in sixty days afler the last
mentioned act, would be admitted into
the Union as one of the States thereof.
Neither of the said counties of Berk ke.
lev, Jefferson or Frederick was inclu-
ded in or then made part Of the terrific.
ry OF the new State, nor were tho said
counties, or either OF them, part OF the
territory of the said new State at the
expiration OF tho said sixty days lnen-
toned in the Proclamation.
Tho Commonwealth of Virginia fur
ther states that on the 2lst Of January,
1868. an act Of the General Assembly Of
the said Commonwealth was passed,
whereby, among other things, 1t was
provided and enacted that polls should
be opened and held on tho fourth
Thursday ofMay then next, at tho sew
eral places for holding elections in the
county of Berkeley, for the purpose OF
taking the sense Of the qualified voters
of the said county on the question OF
including said county in the State Of
West Virginia. And in and by the said
act 1t was further provided and enacted
that the Governor OF the said Common
wealth OF Virginia, II OF the opinion
that the said vote had been opened 9nd
held, and the result tascertained and GER
titled according u law, should certify
the result OF the same, under the seal
of the Commonwealth, to the Governor
Of West Virginia; and that II n majority
of the votes given at the polls opened
and held pursuant to that act should
be in favor Of the said county OF Berke.
ley becoming part Of the State OF West
Virginia, then the said county should
become part OF the said new State when
admitted into the same with the con-
sent of the Legislature thereof; all of
which will more fully appear by refer
ence to u copy ofthe last mentioned act,
which Is hereto annexed aud marked
"ExhIbit H." CAN act giving the con-
sent of the State of Virginia to the
county OF Berkeley being admitted into
and becoming part Of West Virginia."
pissed January 81, 1881
And the Commonwealth OF Virginia
states further, that by nn net Of It's Cen
ernl Assembly, passed on the 4th of
February, 1868, the same provisions for
ballot on the subject of becominga n pnrt
Ofthe State of West Virginin, was made
in respect to tho counties of Frederick
and Jefferson, and the fourth Thursday
of May then next fixed Tor the day of
election, and the Governor OF the Com
authorized to net as In tho
ease OF the county OF Berkeley. eek
hibit III, (Nn act giving consent to tho
admission of certuin counties into the
State of West Virginia upon certain
conditions. Passed Feb. 4th, lS63.")
And tho Commonwealth further
states It's consent was not intended TO
be givon TO the annexation Of the GOun-
ties of Berkeley mud Jefferson to the
State Of West Virginia, except unon the
named in the acts referred
to, among which were that there should
in fact be II poll opened aL cnch place Of
voting established by law in each of the
anid counties, and TINT tho polling
therent should he safely, fairly and
lawfully conducted; and that tho day
named in said nets for opening such
polls, the state Of the country should be
such rs to permit each and NIL the said
polls to be safely and fairly held, so
That full and free expression of the
opinion Of the people could be had
thereon.
And the Commonwealth further
states TINT Rt the timO fixed by the said
acts, for thGopGning of the said polls In
the counties Of Berkeley md Jefferson,
the stule Of the country therei n render
ed 1t ImprACticNblo 10 open the polls ut
NIL tho plnccs, or nny nny considerable
pnrt of the places of voting therein, nor
in point of iiIct were the snnlC, or my
considerable part thereof opened or
held; nor was II practicable for the vO-
tors Of snid counties, O1 considerable
part thereof, to have notice Of such poll
Ing, or to attend the sane; and, IN point
of fact, they did not have notice, ana
did not and could not attend tho sNlnc,
by reason of the civil war then and
there being wNged nnd actively carried
on, and by rGRsOn thereof there could
not be, and, In point Of inot, was not,
full nnd trco xprcssiOn, or my oppor-
tuniLy for any expression Orthe opinion
of tho snid counties concerning tho
question Of such annoXntlon; and, in
point Of fact, II very grcnt majority 0i
tho voters Of UnCh Of the said counties
then were and now Hrc opposed to such
annexation; nll Of which was well
known to all persons concerned In pro-
curing tho certificate hereinafter mem
toned.
II IL stated TINT upon representations
and suggestions falsely nnd fraudulent.
ly mndc, that tho conditions OF lhcshld
ncts in respect TO tho annexation of
snId counties hnd been complied with
al tI,n IinVnrttnF hninU