The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1866-12-21
The Berkeley and Jefferson Costre-

The Berkeley and jefferson Cestre-
vcrsy.
The dispute between Virginia and
West Virginia relative to jurisdiction
over the counties of Berkeley and JEFF
ferson, seems to be in fair way for ju-
dicial settlement. The State of Vir-
ginia having instituted proceedings for
the recovery of the control of those
counties, the authorities of West Vir-
ginia have made suitable provision for
the case, and as counsel, on
behalf of the State, have retained
Hon. REvERDY JOHNSON, Hon. G.
H. LEE, and Hon. BENJAMIN
STANTON. On yesterday morning,
the United States Marshal for this State
called on Governor FOREMAN, and
served upon him as the representative
of West Virginia, subpoena, requiring
him to appear before the Supreme Court
of the United States, on the twentieth
day of February next, at the city OF
Washington, to answer concerning those
things which shall be objected to the
State of West Virginia, in bill in
equity now pending in the said Court,
wherein the State of Virginia is COM
plainant and the State of West Virginia
defendant. A similar writ will also be
served upon EDWIN MAXWELL Esq.
Attorney General for the State of West
Virginia.
From the Bill and accompanying ex'
hibits, we learn that among the thing:
to be "objected,"it it is set up that West
Virginia's claim to jurisdiction oyel
those counties is invalid; in PROOF
whereof it is alleged: That on the
thirteenth day of May, 1862, the Gen
eral Assembly of the Commonwealth Of
Virginia passed an act coHsenting to the
erection of a new State called West
Virginia, within the limits and juris-
diction of the said Commonwealth.
That by the second section of the act ii
was provided that the consent of the
General Assembly of Virginia was there
by given to the annexation of the coun-
ties of Berkeley, Jefferson and Fred
erick, to the proposed new State,
if the voters Of said counties
should ratify the Constitution of
West Virginia, at an election held
under regulations to be prescribed by
commissioners named in the schedule
annexed to said constitution. That no
action whatever was taken by those
votes in accordance with said section
of said act. That when on April Goth
1868 the President proclaimed that
under authority of an act of Congress,
West Virginia, at the expiration ofsixty
days from the last mentioned date,
would be admitted to the Union as one
of the States thereof, neither of the
counties of Berkeley, Jefferson and
Frederick, was included in or then
made part Of the territory of said new
State, nor was either Of the said
counties part of the State
at the expiration of the sixty days men.
toned in said proclamation. That on
January 2lst, 1863, the General
Assembly Of Virginia passed an
act providing for opening polls
at the various places of voting
in Berkeley county, on the fourth Thurs,
day of May, then next; to take the sense
of the voters of said county upon the
question of annexation to the State OF
West Virginia, the result to be certified
by the Governor; and if majority OF
the legal votes at such election should
be cast in favor of such annexa'
ton, then Berkeley county was
to become part of the State
of West Virginia, and that on
February 4th, 1863, the same general
assembly made similar provision with
regard to the counties of Jefferson and
Frederick, those counties, or either OF
them, to become part of the State OF
West Virginia if majority of the votes
cast at the proposed election should be
given in favor of annexation. That the
consent of the Commonwealth of Yir-
ginia to the annexation of Berkeley and
Jefferson counties to the State
of West Virginia was contingent
upon the consent of the people
of those counts, to be indica-
ted by full and free expression of their
opinion at the polls; that no such ex.
preston was ever had, the civil wal
then raging rendering it 'impracticable
to open the polls at all, or any consid-
erable part of the places Of voting
and that, Gin point of fact, very great
majority of voters of each Of the said
counties then were and now are opposed
to such annexation"
That the Governors certificate to the
effect that Berkeley and Jefferson had
agreed to said annexation was made
through ignorance and in obedience to
fraudulent and false suggestions" and
finally that by reason of the failure OF
the people of Berkeley and Jefferson to
comply with the conditions of annexa-
tion, prescribed by the general assembly
of Virginia, the said general assembly
by act approved on December 5th, 1865,
did repeal each and every act looking to
or providing for transfer ofthe counties
of Berkely and Jefferson to the State of
West Virginia. For these reasons the
Commonwealth of Virginia "prays
that it may be ascertained, declared and
established, by the deree of the honora-
BILE court, that the aforesaid counties OF
Berkeley and jefferson, now lawfully
are, and ought lawfully to be deemed
part of the territory of the Common