Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1867-01-01

was weii1knawn TO utl pslsimss c,nsecEned 10
| procuring the Certificate, tere:aufter mem
! toned.
1t is stated Thar u at,l Te,f.cs e,, tiions aud
Suggestions falls ~ siiaIis t...;. y ls,.4fs tl
ths eoudi'loSssot the ~ f5,Js.s ~ lsFI,aes 10
the annexation IT said cfs,s g. i,ad l.sl D con-.
! pied with in al les1ec's $ ti,.s e ~
3. wholly choiant OF the t,n hin tlfe rrg ia
| did certify The -sane; and that {thereanon;
! without any consentiof Congress had thefeto,
aud before anv lawful aud b.n,iIng CEN pact
with the consent OF Congress had been made
between the two Suites, the State sof West
! Virginia die proceed toextend its idristIiction
! over the said counties of Berkeley ada JEFF
terson, and oyerits,tnhabitants as ii The same
had iu!ly and lawfully become part Of IT'S
territory, and still in.int;,its tIis same.
It IS then set iDrih that outhe 5sil of De-
cember, l29J,s the facts ila wing, come to the
knowledge OF the General < JiT CT The f
Commonwealth, that body passed al, act, which
was approved by thes Governor, irEeited. as
follows: III, ~
Whereas it sufficiently appears that tie
conditions prescribed in the several acts, So,
above mentioned haReifot been comp TED With,
and the consent of Congress, as required bv
the Constitution of the IInitad States. not
having been obtained in order 90 give effect
to,the transfer, SO that the proceedings here,
totoro had on this subject are simple incholts,.
and SAID consent may properly be withGraySns
and this General Assembly regarding = the
contemplated disintegruti0n' OF tlie Common,
wealth., even if within It's constitutional com.
Potency, as liable to many objections of 3t!ss
gravest character, not onlysin respect to the
counties of Jcffersopand Berke!ey, o5 er which
the State of West.Virgiuia has -prematurely
attempted to exercise jurisdiction, ,bntas tothe
several other counties above referred to.s(all
the tcrlltoryol West Yirginia > thereforcthe
seconu seed antf thewhoie
,ofslSXtlIeits tAOs. l.. aud IL l. were repealed.
aud a4iconsent heretotoreg given for the transfer
ofeltiter "f the said counties Was Withdrawn
(E&hlbHs " the act 10 repeal. the title
ut which recites what has been stately
1T IS then represented that CONTROVERSY has
arisen aud now exists BetWeen the two States
In'reeard TO their res nectve boundaries. and
eSkeca!iy whether lie above COUNTIES have
been lawfully "rneEed to and have become
part OF he terri'"ry aud within the iurisdic-
ton Of The SEute oi West Eireinia. Or whether
Ley still rema;ll Il part of the territory and
within the jurisdiction Of the CID Common
wealth. - I-1'T
The prayer is 'l,yi i, may be ascertaiped
declared, aud established by the decree OF
this courtthat the a."lesad counties of Berke.
ley and jefferson nov lawfully are, aud ought
lawfully to be deciGe,l, partsof the territory
at the Commonwealth of Virginia, and now
lawful y should b" 'r5sltin lis jurisdiction aud
authority, and that the bound. Y line between
the Commonwealth OF Virginia and the Statc
OF W est Virginia should be ascertained and
so established and made certain bythe decree
OF this court as to include the said counties
Of Berkeley and Jefferson as part of the
Commonwealth of Virginia
The bill is made returnable on the goth of
February next. ~ - .."-,,
Thomas r. BOwden, Attorney, G eneral. and
B r. Curtis, late judge of the Suprem.
Court of the United States, for the State of
gtnia.-N0tt0nul RcpuLEcQT. Dcc. eo1