The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1866-01-18

in .Congressl that inasfnnch as West
Virginia was not;a State and had not
the capacity to enter into any compact
or agreement 'fwith the State of Yirgin11
la, that the action of theiState of 5Vir-
ginia in providing the means OF trans.
ferring these counties to Cthe State of
West50irginia, and giving her assent to
such transfer, was not a compact or
agreement, within the. meaning ofihe
Constitution of the United -Statesr and
that therefore no rat tifieatfon by Con-
gress was necessary to the validity OF
the transfer. iilo-ei3ae
It was also supposed that inasmuch
as the, Coiisti6utiof1o OF the State made an
expresstprop isfoni for the acquisition of
these GopntiesidnCp vote of The pepplef
and had IN, express terms 4, anthorized
the acoIlisition Of additional territory
by the ohsent OF the leg Stature; all of
which have been apptoYed and ratitisd
by CongresSiua tting the State Into
the Bnion3 that no further ratification
could be RED uired.I .IiEWloi - ht.' Y t.1.!'
on ts 5t6 F6f Aug gqst, 1868, the State
liof. tSEesti Virginia0 D aeceplsd the transfer
of the county of Berkeley, as fouoWs;s
An. s4et admit is.Q thei icolntyi cS Berkeley
tat3 ats af Sssssf dasas, 5 sfi 3ss gsF' % '"''
Bet enacted b. The legislature, Of West
Vfrginta:s list, the comfy of. Berkeley,
lately constit tuing part OF the Common
wealth of Virpinia. is Hereby admitted
into and made part 81. this State, and
shall constitute part Of the tenth sena-
Itorial district and of the tenth Judicial
Circuit, and shall at an election hsrean
provided for, and at every annual state
election thereafter, choosetwo members
of the House of Delegates, % qa7s SOD Il
On the I'd Of November, 1858, the eoun7
| tv of Jefferson was in like manner ac-
cepted by the following iact:I
An Aet adntsttfad ne esisisty Of Jefferson
into and making he same part OF tbs
State. Passed Nopeglbsri2, 1868. saiisi
BeH enacted by the LeoiSEdtttt:eo Of West
Vir1inid: LIST, the county of Jefferson,
| lately constituting part of the Common
wealth Of Virginia, is hereby admitted
into and made part of this State, and
| shall constitute part of the second con-
eressional district of the tenth senate
| rial district and of the tenth judicial cir
cult; and shall, at the election herein
provided for, and at every annual State
election thereaft choose two members
of the House of Delegates.
Since the passage of these laws, West
| Virginia has exercised exclusive and
undisputed jurisdiction over these coun-
ties. They have been organized into
townships under the laws of West Nir-
pinia. Justices, constables, and super
| yisors have been elected, and are dis
charging the duties of their respective
! offices! Taxes have been assessed, col
lected and disbursed, according to the
Flaws of West Virginia1 Courts civil
and criminal, havel been exercising jur-
isdiction, rendering judgments, issuing
l,executions, selling property, real and
1 personal, and making titles thereto.
Offenders against the laws have been
/ convicted. and sentenced to fines and
,imprisonmenti in the county jail and in
| the penitentiary. -,-r'....-'',-
| Wills have been probated and record :
| en-, estates settled, and distribution
made. In short, all the acts Of munich
pal Sovereignty known to the Constitu-
ton and laws of the country have been
exercised without interference or inter-
I ruptIon for between one and two years.
But as doubts have been recently
thrown over this transfer of allegiance
and jurisdiction, the State of West Vir-
pfria, for the purpose Of removing all
dou bts, and settling what is claimed to
be a. controversial question, asks Con-
i Cress to ratify the action, of the States of
Virginia and West Virginia, in trans
ferring the" counties from the old State
on the other hand, the State of yir-
ligifiia asks Congress to provide for tax
i ing Gh6ther gote OF the people of the two
tcounfies on the question of transferring
l them fromthe State of5Virginia to the
State Of West Virginia; and this isask-
4 not boiled at the former election. -
ll,rSYo committee do not understand
Il thatait is claimed that all might not
Iihave voted IL they had chosen to do SO.
\ But many of those who would have yo-
4 ted against the transfer of these counties
to West Virginia were absent in the
iIrebel army, and therefore could not
4 vote. Others who were at home and
Il might have voted did not recognize the
restored government as the legal and
Constitutional government of Virginia,
A and therefore declined TO pay any re-
| spect to, its laws, or the ordetot its gov
.oB1t II c6nefess were inclined to re-
! speet the wish of those who desire an
A othhr vote, by, What auth ority may we
1 Ienterthe Boundaries of a State and order
4 Iaportion ofits people toSwote upon the
\ question OF transfeE ring their allegiance
ITO another State? iF0t that these coun-
4 ties are now. de Tacto part of the State
of West Virginia ieI u matter about
Il (which thereican beno controversy Il .
1 GGNot only has the State of West yir7
4 ginia exercised ju Fisdi6tio ion over them,
1 as has hlready been stated, bnti the
ments of this goyeTnnent have. also re-
4 jcognized4 hep as ID part of the State of
West Virginia, The Postmaster Gem
| erafestabf fishes post offices and appoints
/ ilpostIlhstsrsf at various places IN the
&ohntS of Berkeley and In the county
I bf ensrsos IN the, IS Of West Nir-
IRiniasf s-,fIJ yiffil .a!dRE l1gill,i 3np ~ lH
4 ;5Since the transfer of these counties to
4 the State or W est VI mia, the Secreta-
4 ~ 5of the Tfsasufy,by by order of the Press
ident, has transferred them from the
third internal revenue collection dis
trict, pff fhef State ofy Virginia to the
second collection district of the State of
West Virginia. t9sIi5 e-if - ssit.'u.s ] !.
4 IA sl1orfttimefpreyious to the last gem
\ Eefal election in the State Of Virginia,
4 tte GoYerh6r Of West Virginia ascer-
| tanned that a portion OF the people of
4 Jefferson county intended to hold an
Iieleetion in that county under the laws Tvs
i of Virginia, and cast their yotss for
4 -canii dates forotice in that State . He
/ limmedist tely Issued his proclamation,
ofbiddfng any person from attempting
| o-hoId elections in that county under
the laws sapt5IeoYernnfent of the State
.hof Virgins; Fearing that this proclas
/ nation might be, ,disregarded, he called
upon the President for n nlnilitafy force
TO aid him in enforcing obedience tohis
4 trrocIafnation. Y The President promptly
responded to the call, and in pursuance
OF his order the Secretary OF RArorder-
led a body oftrpopst obe semitic Charles
town, in Jefferson = county, g enforce
tion. The troops were Be 1t and the pro-
position tor hold an election under the
laws of Virginia was wisely aoan-
doned.t 60 -. = .-.,,. /
\ II seems to your committee that these
Eacts constitute most perfect and nm
l,eouiyocal recognition OF the transfer of
4 these counties to the State of West Vir-
4 ginia by fhe President and the execu-
/ tive depart thie iehts of the fede govern
III Congress sr1ezss is to take measures for
having another vote on the transfer of
these couhtisS; what shall we dos Shall