Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1866-08-14
OUR STATUS.


We have seen copy of the bill in chan
Gerry which Judge Curtis has prepared to con-
test the validity of the transfer of Jefferson
and Berkeley counties to the State of West
Virginia. The two main points urged in the
bill are: first that the act of the Virginia
Legislature, preliminary to the transfer, re-
curing an election to be held for the purpose
Of ascertaining the sense of the voters of the
counties, was not complied with-inasmuch
as the election was not held at time when
1t could be ''fairly and properly held" and
as polls were not opened at 'Eeach of the cleo
ton precincts" in the counties second, that
at the time of the passage of the repeating
act of the Legislature in December last, there
was no valid, subsisting, contract between the
two States, and that therefore the Legislature
had the legal right to repeal-which being
done, Congress had no constitutional power
to pass its act of consent.
On the first of these propositions, the
Judge intends to take testimony. In regard
to Jefferson, this testimony will disclose be-
You'd all doubt, that the election was held at
time when it was impossible for the voters
to attend such polls as were opened, owing to
military occupancy; that the people living
south of the line of the Baltimore and Ohio
railroad were never notified Of the election
that no polls were opened at either Charles
town, kablctown, or Middleway: and, in fact.
polls were opened at only tao of the eiyht
election precincts. With all these facts our
people are perfectly familiar, and so indeed
was Congress at the time the matter was be-
fore it.
The bill does not raise any question Of the
validity of the government of Restored Vir>
ginia, or of West Virginia. The Judge is
clearly of the opinion that the other features
OF the case are sufficient for any fair court to
pronounce judgment against the transfer of
the two counties.
We will await, with no little curiosity, the
answer which West Virginia is called upon
to make to this bill As it cannot DENY the
truth of the facts as set forth by the Judge,
it will doubtless dodge and twist in the most
approved style of wrong doors; and, among
other things, will fall back on Governor Pier
points certificate of election; but the bill
charges, and the Judge is prepared to prove,
that the Governor was imposed upon by false
representations, and was thereby induced to
certify that the election was held in accord
ance with the provisions of the original act.
The bill does not contend that the Governor
was h'0oci"g party to the fraud, but simply
charges that the facts were falsely repre-
sented to him. As. these two counties are
the richest within the present domain of
West Virginia, that State will make des
perate fight to retain them; but our people
have confidence in their eminent counsel, in
the truth of their cause, and in the integrity
of the court that is to decide their status.
While on this subject, word more about
the counsel to be employed by the State to
aid Judge Curtis. If the Attorney General
of the State cannot appear, let us have the
best legal talent engaged to assist him. We
prefer Mr.. Andrew Hunter (and we are sure
that the people of the two counties agree
with us) to any Other lawyer in the. State
but as he may not be able to appear before
the court, let US have some suchman as Wallis
or Schlcy, ofBatimore, or Carlisle of Washing
ton, or any other advocate of their standing.
Our people will not be satisfied with any other
than first class man, and the State has been
liberal enough in its appropriation to secure
lawyers of that grade.