Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1866-12-27
ImpoRrANT suIT.

| CbnSfttt.iORdtity OF TIE Stdte OF west FHyafud
and tho Legislature Of The Old Commonwealth.
The Commonwealth of Virginia, complain
ant. rs. Tie State Of Vest Hnyi,aa-The At
torncv General of the State of Virginia now
filed the following bill against the State of West
Virginia. which relates in detail all the facts in
respect to the territory in dispute between the
two sovereignties.
I That ON the 18th day of May, 1862, the
General Assembly of Virginia passed an act
giving the consent of the State to the forma-
| ton and erection of new State within the jul
risdction of the Commonwealth, to include the
counties named in the act, according to the
boundaries and under the provisions set forth
! in the constitution for tie State OF West Vlr-
ginia, the schedule thereto annexed, proposed
| by the convention which assembled at Wheel
ing on the 26th of November, 1861 and in and
by the second section Of the said act it was fur
Their provided that the consent of the Legisla-
ture of the State of Virginia was thereby given
that the counties of Berkeley Jefferson, aad
Frederick. which were not within the described
boundaries of the proposed new State, and not
of the counties enumerated and specified as
constituting the territory of the proposed new
State, should be included in and form part of
the State of West Virginia, whenever the voters
of said county should ratfy and assent to the
said constitution at an election held for that
purpose. at such time and under such regula-
tions as the commissioners named III the said
schedule a II exed to the said proposed consti
tuition might prescribe; all of which will more
fully appear by reference to copy of said
act. hereto annexed and marked exhibit |.
TAN act giving the assent Of the Legislature OF
| Virginia to the formation and erection of
new State within the jurisdiction OF tins State,
passed November l3, 1862
And the Commonwealth of Virginia states that
no action whatever was had or taken under or
in accordance with the said section of said act,
and that afterwards, when such proceedings
were had. that on the Goth of April, 1862, it
was proclaimed by the President of the United
States under the authority of an act of
the Congress of the United States, that the
State of West Virginia, in sixty days
after the aforementioned act, would be
admitted into the Uuion, as one of the States
thereof. Neither of the said counties of Berke-
! lev, Jefferson, or Frederick was included IN or
! then made part of the territory OF the new
State, nor were the said counties or either of
them, part of the territory of the said new
State at the expiration of the said sixty days
mentioned in the said proclamation.
The Commonwealth of Virginia further states
that on the DIST day of January, 1868, an act
of the General Assembly of the said Common
wealth was passed, wehreby, among Other things
it was provided and enacted, that polls should
be opened and held on the fourth Thursday of
May then next, at the several places for d.
ing elections in the county of Berkeley for t re
purpose of taking the sense of the qualified
voters of the said county on the question of in
Guiding said county in the State of West Nir-
gnia and in and for the said act, it was fur
Their provided and enacted, that the Governor
of.the said Commonwealth of Virginia, if of the
| opinion that the said vote has been opened and
| held and the result ascertained and certified
according to law, SHOULD certify the result OF
! the same, under the seal of the Commonwealth
! TO the Governor of West Virginia; and that II
a majority of the votes given at the polls open
ed and held pursuant to that act should be in
| favor of the said county of Berkeley becoming
part of the State of West Virginia, then the
! said county should become part of the said
/ new State when admitted into the same with
! the consent of the Legislature thereof, all of
which will more fully appear by reference to
copy of the aforementioned act, which is here
with annexed and marked Exhibit H." An
act giving the consent of the State of Virginia
i, to the county of Berkeley being admitted into
and becoming part of West Virginia, passed
| January 31St 1861 And the Commonwealth
of Virginia states further, that by an act of its
General Assembly, passed on the 4th Of Febru-
airy, 1868 the same provision for ballot on
] ka ~ Of q RI of a Stntp
| of West Virginia was made in respect to the
counties of Frederick and Jefferson, and the
fourth Thursday of May then next fixed for
| the day of election, and the Governor of the
| Commonwealth authorized to act as in the case of
the county of Berkeley, Exhibit H." IAN act
giving consent to the admission of certain coun-
| ties into the State of West Virginia upon GER
tain condition, passed February A. 1862
And the Commonwealth further states its
! consent was not intended to lie given to the
annexation of the counties of Berkeley and JEFF
ferson 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 he safely,
| fairly, and lawfully conducted and that on
the day named in said acts for opening such
polls, the state of the country should be such
as to permit each and all the said. polls to be
safely and fairly held, so that a full and free
expression of the opinion Of the people could
be had thereon
And the Commonwealth further states that
the time fixed by the said acts for the opening
of the said polls in the counties of Berkeley
and Jefferson, the state of the country therein
rendered it impossible to open the polls at all
the places, or any considerable part of the pla-
ces of voting therein, nor in point of fact, were
the same, or any considerable part thereof, O.
pened or held, nor was it practicable for the vo-
tiers of said counties, or any considerable part
thereof, 10 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 at
/ tend 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, a full and free ex-
! preston, or any opportunity for any express