The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-12-22

| ne Cssssss Dsswsss - fwe oessss y vk.
sisia Cssosssiss 1hss Dsas6assss-TAs ia.
risAissses ef Je1essss aa1 D0she1ey Csss.
ssss-Ths Cssssissstssal1ey 81 he osass ~
West Virginia QssssisssA - sbs LssAss~isrs
i 81 the Old Ce0aenwealth. rt
TAs cD~~snsssM q vxrsis. es~psssssus - n,
sssts y We vSsssia --Tns Attorney 0sassai sssAs
STATE - Virginia aIss the following bill sssin The
State Of West Virginia, whsh relates In detail s The
hss In respect TO the ssoy In dispute bstwsss The
two sovsrsignties E.N
That the l3th day Of May 1891 the General Assem-
bly, Of vrgin paved act giving the consent q tho
State 70 the formation and erection Of State within
the jurisdiction Of the Commonwealth 70 inciuds the
counties named In the ac according Va the boundar
and under the provisions set forth In the constitution for
the state Of West Virginia. and the schedule thereto an
Wheeling on the 18th Of November 1851. And in and
by the second section Of she said act further pro-
yded that the consent OF the Legislature 81 tho Stale Of
Jefferson and Frederick, which we're not within
the described boundaries of the proposed STATE,
aud not Of the counties snumetcd and spscned
stnns the territory Of the proposed new stse should
bc Included 10 and form pA OF the State Of West vr
gina Whenever ne voters q sad county should ilfy
for that PURPOSE 81 sich time and under such regua
tons a. tho commissioners named In the said schedule
scribe all II which viii more fully appear by reference
20 copy Of sand act hereto annexed and marked ia,
Of virginia 70 the fomstioe and erection Of new state
within the jurisdiction Of this siste. passed May IL
1891
| And tho Commonwealth Of Virginia states that no
action whatever had taken under or IN accord
sncc with the said second section Of said sct, end
that afterwards. when such proceedings were lad,
the Goth NJ April 1852 II proclaimed by the Pres
dent tho United states under the authority OF
Of the Congress Of tho United States that the State OF
West Virginia IN mxty days after the Last mentioned
act would be admitted into tho Union A. one OF the
States thereof Mother OF tho said counties OF Beksev
inrlu Al In
OF tho territory OF tho STATE tho said
ties or either Of them part Of the territory Of the said
new State NJ the expiration Of the said sixty days
toned within said proclanaou
The Commonwealth Of Virginia further states ,ha, on
the 2Is day Of January 1882 act Of the General As
sembv OF the said Com was passed Whereby
among other things IL was provided and enacted that
polls should be opened and bsd on the fourth Thursday
OF May then next at the several places for holding cleo
lions the county OF Berkeley for the purpose o taking
the Of tho qualified voters OF the said county
the question or including said county In the State o.
West Virginia And In and by the said act was further
provided ami enacted that the Governor a said Common
wealth Of Virginia II Of the opinion that ,hs .ad vote
had been opened and held and the result aicefained
and certified according IN law should certify the result
III tho under the OF the Commonwealth TO the
Governor OF West virginia: aud that " majority Of ID.
votes given al tho pos opened and held pursuant 10 that
act should be In favor Of the aid county Of Berkeley be-
coming r OF the State OF West Virginia, then tho said
coun'y rhonld become Of the said State when
admitted nto the sam" with the consent Of the lastsh
au 30 w., W., WI NO.. a"m, w 800,
herao ~. aud marked Exhibit IL Gan act
rtrrg Tic scot % tho State Of Virginia 20 The county
- Rel el.r b'~ al United ito and hecomng part o.
". - Nircinl rn.sed January 81. 1891
And thr "rfafh OF Virginia states further ,hai
hy Hn.'nral Assembly psssed the iiL 81
February 49, same provisions Tor bslo, %
spileci .f - = part OF the state OF West Virginia
made " tet 10 the counties OF Frederick aud Jef
fcf~nn snd iht omrh Thursday Of May u,eD nsxi dxed
Tor the das 81 c'con and Governor ~ the Com.
monwestb authorized ~ nc, as In tho case Of to county
Berkeley. EXHIBIT Ill IAN act giving consent 70 the
admission 81 rofnes the sate OF Wee VIZ.
enia spon csriain coneons Passed February = 1891
And the Commonwealth further states hs consent
not n'cnde1 70 DC gwen 70 The annexation o. .he com
Ties Of Berkeley and Jefferson the 4aie Of West VIZ
gnla except upco ,hs conditions named N ihe act r.
fsned TO- anoog which that Their should in fat b.
poll opened At each pisre Of voting established BY Law
In each Of the sad counties and that the polling thcfss
should be safely fairly and lawfully conducted and that
Tho dav named IN said acts for opsneg suoh po The
state ~ the county should be such permit each and
all tho said polls 70 he safely far y held, thI
full and free expression Of The opnot OF tho people
could la had thereon
And the Common wealth further ,ba, At tho ite
hx~d bv the said acts for the opening Of tho ssd polls
the counties Of Berke@y and Jefferson this the
country therein rendered u impo@sibis 10 open the poll
at all the paees any considerable part Of sh- places
OF voting therein point Of fact tho same
any considerable part thereof opened sr held;
siderable part thereof To have notice Of such polling or
20 attend the and IN point OF fact they did not
have notice and did not and could not attend Tie same
by Of the civil thsn and there being sasrd
and actively carried and by thereof ihsro
coald not be, and IN point OF fact, ~ss not full and
FREQ expression, Opportunity for any e-prc~ ION
OF tho opinion OF tho people OF said concerning
the question Of such annexation; and point u fact
worry majority Of ~ each OF the sAld
counties thsn and nov are opposed snch
ton All OF which wa. well known to ~ pcrsona con
csrned In procuring tho certificate hereinafter men
TONED.
II - then stated that rpon representations and sngges
tons falsely and faudulsnty made that toe conditions
~ The i acts 10 reapci 20 the snnernion u said
tics had been complied With In all respcts the Governor
being wholly ignorant of the truth 10 the prernes did
.en 81 consrs bad hsrs,o ana before any la~faI sna
binding COMPACT with the consent n cougre hsd eern
made between the two states the state u Wet Virginia
did proceed " extend ~ janricon over the sd cou
Of Berkeley and Jcnrson and ia nhsbts nts
" the safno had fuy and lawfully become part Of iis
territory and still maintains the sama
Il ia forth that on The OH Of Decs-bsr.
Ic5, the facts having come 10 the ino~ledge ~ hs
General Assembly 81 the Common ~eaIu that body
passed an act which approved by the Governor
cung follows
wbsreas u surhc,eoty appears tina, The condition.
have cofnpied with and the consent Of onsrs
required by the constellation Of the United
20 givs sroa 10 The rsusfcrt - thai ns
proceedngw b.r~iofore had this subject are wiBp,
ibehoais and said CONSENT may pfopery - Eithdfash
and this General Assembly regarding tn contemplated
di-lnsrraton Of tho tomnon sesiih sven ~ -ihin 4ts
constitutional copctsncy - liao'a 10 many oJectons
Of the gTavei charssf not 0Dly In fespsc ~ the eO1n
81 Jefferson AMI Berkeley, ID eh The tais ~
West Virginia has pfemstureiy a,ismptsd 70 e1src. ia
rdctson siao the several .,sr counties shave
referred ls territory of West Virginia. tbsrenpon
tho second sect,oa 81 trhib No J. and the whole o.
nlhs.s 70. ana .',s 80, ssa ,,s,t
ooanlcs Withdrawn. krhibi Ma 4 the at o.
repeal tho title o. which ties ~hat hAs D~rn stated
n IA then represented that = controversy has
and exists between the STATS N frxsrd 10 her
respective boundaries and esp~ciAx-hesb 's sbove
counties have besn lawfully red W sBd have become
a Part u the territory and within the lursiicnon ~
the state ~ Wew Virginia sisthsr hey siih remain
part d the territory and within lho yursdcuon 81 ne
old r0mnou voalth
The prayer IA that nay - ssc~rs nsf d~c'ust Ard
ESTABLISHED w thn dys~ ~ this cosri bsi the afnse
ssd counties ~ Berkeley and Jsfcradn No. A~fnib
and ought A-fuy Va b. deemed ~ ths tsfrery n
th. Commonwealth ~ Wig nia and Aw1iy should
BE- within ~ igrn1tIon ADD snih0riiy Hnd Wss ths
boundary line bstw~~n the Commonwealth u tHgina
and u Wet NifsinA. should b. ascsrtAinsd
and .six nhed abd naa1s csrHin ~ tbs eetfo~ 70
this oour lnolsfs fad countlss u psrtsiey
and Jsrerson part " tina lsrritary And wthin TIE
turiafictlon ~ ths Ious ssslth - Virginia
Ttls bln 10 made retgrnabs the 4osh u Fs0gs1y
nsrf
rhos " Bo-deh. Ai,orbsy General. sss n Carts