Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1867-06-25

" AAASNS Su'J a NOm Vi dRTGGuGGG, tue
consent of Congress thereto was not required
By the reason or spirit of the Constitution,
because only the States of Virginia aud West
Virginia can have any interest in its sub
ject- matter, and they sddNce reasons why this
ccsslOn OF territory can affect neither the
United States, nor any other of the several
States Of the Union.
These reasons may or may ,notAeSuficient
Whether sufficient or Otheft lis purely
political question, which this Gstft has neither
the means nor the authority to determine.
1t depends on no system of law which this
Court can administer It is too clear for
! argument, that Congress alone has authority
to decide it. The Constitution does not saw
the States may enter into such compact as
this Court may consider concern only the par
ties to the compacts; but no State shall enter
| into any compact with another State without
| the consent of Congress
But it is insisted that Congress did give
its consent to the cessiOn of those two counties
|: by Virginia to West Virginia when Congress
admitted West Virginia to the Union
1hIs assertion is rested on two provisions.
| existing ia the Constitution of West Vir-
glnia, when that State was admitted into the
Union by Congress
The second section of the first article of the
| Constitution Of West Virginia offered to the
Z D.
tiou, contained clause, that if a majority of
the people OF a district, composed of the coun-
ties Of PendletOn. Hardy, Hampshire and
Morgan, should vote in favor of adopting that
Constitution. that district should be included
IN West Virginia; and if majority of the
people of another district, composed of the
counties of Jefferson, Berkeley and Fred.
erick, should also vote in favor of the adop.
tIon OF that Constitution, and the FIRST district
should be included, this last mentioned dis
trlct should also be included in West Vir-
ginia.
n majority OF the people of the district
hrst named did vote in favor Of the adoption
OF that Constitution aud, when the assent
of the Legislature of Virginia was given to
the formation and erection of new State
within the jurisdiction Of Virginia, the dis
tTIct first named, composed of the counties of
Pendleton, Hardy, Hampshire and Morgan.
"0miH0ttn, is included within the limits of
the proposed new State, to the erection and
formation of which, Virginia, by its Legisla-
ture, aSSented.
But majority of the people of the other
district, composed Of the counties Of JefFer-
SOP, berkeley and Frederick, did not vote in
favor Of the proposed Constitution aud the
last named district was excluded from the
limits Of the proposed new State bv the act
OF the Legislature of Virginia asserting to
the formation and erection of a new State
within the jurisdiction Of Virginia.
And when the new State was admitted to !
the Union. the act Of Congress (l2 SITS at !
Large, G33), reciting the consent Of the LIE, |
giSIarurc OF Virginia to the formation within |
tue jurisdiction Of the State of Virginia Of a |
new State, consisting of certain enumerated |!
counties, and including Pendleton, Hardy. !
Hampshire and Morgan. but excluding JEFF |
i,.rS, l-,la l.
admits that new State into the Union
Ihc.c are the facts and the argument is |
that Congress, by admitting the new State.
gave It's assent to that provision Of its cunsti- !
tutIon which looked to the acquisition of the |
three counties of Jefferson berkeley and !
Frederick, and that, if the people of two Of |
those counties have since voted to become |
part Of the State of West Virginia, this ac ,
ton is within the consent of Congress
But this argument is founded on IA total |
disregard of the substantial facts This sec !
ond section Of the first article of the Consti- |
tuition of West Virginia was merely 81 Uyo>
PosGt addressed to the people of two distinct |
districts, ON which they were invited to act. |
The people of one district accepted the pro-
Posal. The people of the other district did |
uot accept it. The first district became a |
part of the new State so far as the constitu-
ton OF West Virginia could make it part
thereof, aud the Legislature of Virginia in
cuded 1t in its assent, and Congress included |
it in its admission to the Union The peo,
pie OF the other district did not accent the
proposal; and therefore neither the Consti
tuition of West Virginia, nor the assent Of .
the Legislature Of Virginia nor the consent
at Congress, had any application whatever to .
th,s second district. 1t was no more mart
or even proposed part of West Virginia. by
ANYTHING the -
West Virginia, than by reason OF the assent
of the Legislature of Virginia or the consent /
OF Congress, each of which excluded it
For though the second section of the first ar |
ucle of the Constitution had proposed ta in. !
c!ude 1t, the proposal was accompanied with |
conditions which were not complied with |,
and when that Constitution was presented to |
Congress the proposal had already been re- 1
jected, aud had no significance or effect what. /
ever.
Aid the only argument left to the counsel |
is this that because the proposed new State |
had once offered to include this district on .
certain conditions, which offer had been de- /
clned. 50 that it came to naught before the
State applied for admission vet Congress. /
when it admitted the new State. consented /
that this district might be included in it.
1t is plain that Congress assented to the .
admission OF the new State of West Vir. f.
gina to the Union with certain described Ter
ritOry which excluded the district now in
question: that if Congress had any knowI- /
edge of proposal in the Constitution of the
new State to include other territory. it knew
it was rejected pruposal-and therefore that
it was in no way called on to consider. and. +
in fact, could not have considered the uues-
tion, whether the territory now in question
should be allowed to belong to the new State
l. I 1 L i