The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1866-12-24
The Supreme Court of the Eniicd
Stntes-The Contest Between the Old
Dom 1 IL Or and West Virginia
Which has Jurisdiction over the
Counties of Berkeley and Jefferson.
FRIDAY, December q, lsGG.

The Commonwealth Of Virginia, COM
plaindnt, rs. The State Of West Virginia.
The Attorney 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:
That on the 18th day of May, 1862, the
General Assembly Of Virginia passed an
act giving the consent Of the State to the
formation and erection Of new State
within the jurisdiction of the Common
wealth, TO include the counties named in
the act, according TO the boundaries and
under the provisions set forth in the Con-
| stitution for the State Of West Virginia,
and the schedule thereto annexed, pro-
posed by the convention which assembled
at Wheeling On the Goth November, 1861.
And in and by the second section Of the
said act it was further provided that the
consent Of the Legislature of the State Of
Virginia was thereby given 10 the counties
of Berkeley Jefferson, and 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 pro-
posed new State, should be included in
and form part of the State Of West Vir-
GINA, whenever the voters Of said county
Should ratity and assent to the said conSti-
tuition. at an election held for that pur-
pose at such time and under such regu-
lations as the commission as named III the
said schedule annexed TO the said proposed
constitution might prescribe all Of which
will more fully appear by reference to a
COPY of said act hereto annexed and
marked Exhibit J." {" an act giving the
consent of the Legislature OF Virginia to
the formation and erection Of new State
within the jurisdiction OF the State, passed
May -, 1922
And the Commonwealth Of Virginia
states that no action whatever was mad
or taken under or in accordance with the
said second section of said act, and that
afterwards, when such proceedings were
had, that on the goth of April, 1852, 1t was
proclaimed by the President of tue 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 Union as one of the States thereof.
Neither of the said counties OF Berkeley,
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 proclama-
ton.
The Commonwealth OF Virginia further
states that on the 2lst of January, 1868, an
act of the General Assembly OF the said
Commonwealth was passed, whereby,
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 holding cleo
tons in the county of Berkeley, for the
purpose of taking the sense Of the quail
fed voters of the said county on the ques-
ton Of including said county in tin State
of West Virginia. And in and by the said
act it was further provided and enacted
that the Governor of the said Common
wealth of Virginia, if OF the opinion that
the said vote has been opened and held,
and the result ascertained and certified ac-
cording to law, should certify the result of
the same, under the seal of the Common
wealth, to the Governor of West Virginia;
and that if a majority of the votes given at
the polls opened 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 a
copy of the aforementioned act, which is
hereto annexed and marked Exhibit ii, ;"
("an act giving the consent OF the State
of Virginia to the county of Berkeley being
admitted into and becoming a part of West
Virginia" passed January 81, 1862
And the Commonwealth of Virginia
states further, that by an act of its Gene
raj Assembly passed on the 4th of Febru-
airy, 1888, the same provisions for ballot on
the subject of becoming part of the State
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 Co
vernon of the Commonwealth authorized
10 act as in the case Of the county OF
Berkeley. Exhibit H., |" an act giving
consent to the admission OF certain coun-