The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1866-12-24

ties into the State of West Virginia upon
certain conditions" passed February 4,
1861
And the Commonwealth further states
its consent was not intended to be given to
the annexation Of the counties of Berkeley
and jefferson to the State of West Virginia,
except upon the conditions named in the
acts referred to among which were that
there should in fact be poll opened at
each place of voting established by law in
each of the said counties, and that the
polling thereat should be safely, fairly, and
| lawfully conducted; and that on the day
named in said acts for opening such polls
| the state OF the county should be such as
to permit each and all the said polls to be
safely and fairly held, so that full and
free expression of the opinion of the peo-
pie could be had thereon.
And the Commonwealth further states
that at the time fixed by the said acts for
the opening of the said polls in the coun-
| ties of Berkeley and Jefferson the state of
| the country therein renderedit impractical
bic to open the polls at all the places, or
any considerable part of the places of
voting therein; nor in point Of fact were
the same, or any considerable part thereof,
opened or held nor was it practicable for
| the voters of said counties, or any con-
siderable part thereof, to have notice Of
such polling, or to attend the same and,
in point of fact, they did not have notice,
| and did not and could not attend the same,
| by reason of the civil war then and there
being waged and actively carried on, and
| by reason thereof there could not be,
and, in point of fact, was not, full and
free expression, or any opportunity for an7
! expression Of the opinion Of the people OF
said counties concerning the question OF
such annexation; and in point Of fact, a
very great majority of the voters Of each
Of the said counties then were and now
are opposed to such annexation all Of
which was well known to all persons con-
cerned in procuring the certificate herein
after mentioned.
1t is stated that upon representations and
suggestions falsely and traudulently made
that the conditions of the said acts in
respect to the annexation of said counties
had been complied with in all respects, the
Governor, being wholly ignorant of the
truth in the premises, did certify the same 4;
and that thereupon, without any consent
of Congress had thereto, and before any
lawful and binding compact with the con-
sent of Congress had been made between
the two States, the State Of West Virginia
did proceed to extend its jurisdiction over
the said counties of Berkeley and Jefier-
son, and over its inhabitants, as if the same
had fully and lawfully become part of its
territory, and still maintains the same.
1t is then set forth that on the 9th OF
| December, 1865, the facts having come to
the knowledge Of the General Assembly OF
the Commonwealth, that body passed an
act, which was approved by the Governor,
recited as follows:
Whereas it sufficiently appears that the
conditions prescribed in the several acts,
&C., above mentioned have not been COM
piled with, and the consent of Congress, as
required by the Constitution Of the Uni
ted States, not having been obtained in
order TO give effect to the transfer, so that
the proceedings heretofore had on this sub
| iect are simple inchoatc, and said consent
NAV properly be withdrawn; and this Cen
eral Assembly regarding the contemplated
disintcgration Of the Commonwealth, even
! if within its constitutional competency, as
! liable to many objections Of the gravcSt
character, not only in respect TO the coun-
ties of Jefferson and Berkeley, over
which the State of West Virginia has pre-
maturely attempted to exercise jurisdic-
ton, but as to the several other counties
above referred to, (all the territory OF
| West Virginia J therefore the second sec
ton of Exhibit No. /. and the whole Of
Exhibits Nos. II. and III. were repealed,
and all consent heretofore given for the
transfer Of either Of the said counties
was Withdrawn, Exhibit IT.-thc act to
repeal, the title Of which recitcs what has
| been StatCd.)
1t is then represented that a controversy
! has arisen and now exists between the two
| States in regard 10 their respective bounda-
ries, and especially whether the above coun-
ties have been lawfully annexed to and have
become a part Of the territory and within
the jurisdiction of the State OF West Nir-
ginia, or whether they sill remain part
| Of the territory and within the jurisdiction
of the old Commonwealth.
The PRAYER is that it may be asccrtained,
| declared, and established by the decree OF
this court that the aforesaid counties oil
| Berkeley and jefferson now lawfully are,
and ought lawfully to be decided, part oil
the territory Of the Commonwealth OF Viz
GINA, and now lawfully should be within
! its jurisdiction and authority, and that the
boundary line between the Commonwealth
of Virginia and the State of West Virginia
should be ascertained and so established
and made certain by the decree of this court
as to include the said counties OF Berke-
ley and jefferson as part Of the Com
monwealth of Virginia.
The bill is made returnable on the 10th
of February next.
Thomas r. Bowden, Attorney General,
and B. K. Curtis, late Judge of the Su-
preme Court of the United States, for the
State of Virginia.-NatiomaL Republican,
| 22d.