Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1867-01-01
FRIpAY. Dec. aI.1aGR

The Con1nlont7eUltsl Of IlfyD,ig c0ue-
,7'lclm Mt rs. The State II EFrxt Trgisia.
the Attorney General of the STATE oi! Vir.
ginia now fled the following bill against the
Stare OF West Virgin ;,, eiIiyh ,eiiteg in de-
tan all the facts IN RESPECT to the territory in
dispute between the two. soyereIghties:
that on the 18th day Of May, 1862, the
Geheral Assembly Of Virginia passed an act
giving fhe couSeut Of the State to the fornia.-
ton aud erection of new State within the
/. jurisdiction Of the Somn,onwealth TO Include
the counties nsnedIn 4ie-act, according to
tl,e boandarics and 7under the provisions set
forth III the CONSTITUTION for the State of
+, West Virginia,,and the schedule thereto an
nexed, proposed by tie convention which as
seMblcD at W healing on the 26th Of Ncvem.
Der, 1861. ' - iliIi
And in and by the second section of the
! sad act it was further pruSided that the con
sent of the Legislature 0tlthe State. of Vir-
eirii. was thereby gwen to the commits. of
Berkeie!v, Jefferson, and Frederick, which
were not within the described bouudnries of
tie proposed new States and not Of The
counties enumerated and specified as coDsti-
tgtng the territory of the proposed new
State, should be included in aud form a part
OF the State of West Virginia, whenever the
voters ef said couuty county should ratify and
assent to the said constitution; at an eleetoh
held i0r that purpose at such time aud under
such regulations 30 the commission us paned
IN the said schedule annexed to the said pro
poSeG constitution might prescribe; all Of
sS:st-. We Iaei! ttt- ;hy reference to
I, s ,-a> s6-dact Hei ,-anHeAeCi. aud narEeti
..--.,.,1.t j. Cen act @.vingtthe consent Of
tue Legislature or Wing MA 10 the turliiari,,n
anti election Of Il new State within the iuris-
diction IF the State, passed May IS, IS62O
And The Commensurate of Wing MIA states
that no action whaievcr' wus had or taken uu-
der or in accordance with The SAID second sec
tIon. OF SAID act, atd ti:nt afterwards, when
such proceedings were Iiad that on tue 2U,h
OF April, 1862, it'wns proclaimed Ey the
President of Tie Uuicd Sta es, under the
authority OF an act OF. tic Congress Of ile
tutcG States. that the State of West VIr-
ginti', an SIXTY days after TIE last mentioned
act. would be admitted into the Union as Que OF
the states thereof Neither OF the ID coun-
ties OF berkeley, Jefferson, or Frederick was
Inc uded III or tnen made part of the territory
Ut the new State, nor were the said counties.
'or either OF them, part Of tho territory of the
said new State at the expiration Of the said
sixty days mentioned in the said proclama-
ton.
he Commonwealth of Virginia. further
states that on the 21st of january 1868. an
act of the General Assembly of the said
Commonwealth was passed, whereby, among
other thugs, it was provided and enacted that
polls should be opened and held on the fourth
Ihursday OF May then negt, at the several
places tGr holding elections in the county of
berkeley, Tor the purpose of taking the sense
OF the qualified voters of the said county on
the question of including said county in the
State of West Virginia. And in and by tbs
said act it was further 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 re-
suit ascertained and certified according to law
should certify the result of the same, under
the seal of the Commonwealth, to the Cow
crnor Of West Virginia; and that if a ma
Jor!ty vt the votes given at the polls opened
and held pursuant to that act should be in IA
vor OF the said county of Berkeley becom>
ing 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 refer
cncc. to copy of tho last mentioned act,
which is hereto annexed and marked 'sExhibit
Ii" Can act giving the consent of the State
OF Virginia othe county of Berkeley being
admitted into and becoming part of West
Virginia" passed January 81, 1859
And the Commonwealth of Virginia states
further, that by an act of its General Assem-
bly, passed on the 4th of February, 1868, the
same provisions for ballot on the subject of i.
becoming part Of the State of West .Yir> I
gina was made in respect to the counties of
Frederick and Jefferson, and the fourth
Thursday of May then nnEt,s fixed for the
day OF election, and the Governor of the
tSoFpmonweaith authorized to act as in the
case of the county of Berkeley EXHIBIT
III, Gan act giving consent to the admission
OF certain counties into the State OF West
+. Virginia upon certain conditions" rasseI
February4, 1868
And.the Commonwealth further states its
-consent was not intended to be given to the
anLexation of the counties of Berkeley and
Jefferson to the State of West Virginia, ex-
cept uPon1he conditions named in the acts re.
tefred to; among which were that there
of voting established by Aw in each of the
said counties, and that the polling thereat
should be safely, fairly, aud lawfully con,
ducted; end that on the day named in said
acts for opening such polls the state of the
county should be such as to permit each and
all the said polls to be safely apd fairly held,
so that full and free expression of the opln-
ion of the people could be had thereon.
And the Commonwealth further states that
at 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 coun-
try therein rendered it impracticable to open
the polls at all the places, or any considerable
part of the places of voting therein; nor in
point of fact we're the same. or any consider
able part thereof, opened or held nor was it
practicable for the voters of said counties, or
any considerable part thereof, to have notice.
of such nolline or to attend the same and