Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1867-01-05
IMPORTANT SUIT.


filed by Virginia in the Supreme Court Of
the United Slales for the recovery Of ju-
risdiclion over the counties Of Berkeley
and Jefferson {:
The Attorney General of the State OF
Virginia now filed the following bill a.
gainsl the Stale Of West Virginia, which
relates in detail all lhe facts in respect to
the territory in dispute between the two
soveTeignlies
Tha, on the 18th day Of May, 1862.
The General Assembly Of Virginia passed
an &C, giving the consent of the Stale TO
the formation and erection OF new State,
within the jurisdiction Of the Common
wealth, 10 lncluds the counties named
in the act, according TO The boundaries and
under the provisions Sc, forth in The con-
siluiion for the State of West Virginia,
and the schedule thereto annexed, propo-
sed by The convention which assembled
at Wheeling on the Goth Of November,
1861.
And in and by the second section Of the
said &C! it was further provided that the
consen, of the Legislature Of the Stale Of
Virginia was thereby given to 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 spec
fled as constituting the territory OF the
proposed new State, should be included
in and form part OF .he State Of West
Virginia whenever the voters Of said
county should rati(y and assent to the
said constitution, al an election 10 be held
for that purpose at such time and under
such regulations as the commissioners ma.
med in the said schedule annexed 10 the
proposed constitution might prescribe; all
Of which will more fully appear by refer
ence 10 copy OF said &C, hereto annexed
and marked Exhibit l." Ian act giving
The consent OF the Legislature of Virginia
10 The formation and erection of new
Slate within the jurisdiction OF the Stale,
passed May l3, 1862
And The Common wealth OF Virginia
states that no action whatever was had 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 2olh Of April, 1862, it
was proclaimed by the President of the
United States. under the authority OF an
&C. of the Congress Of the United States,
that the State OF Yves! Virginia, in sixty
days after the last mentioned act, would
be admitted into the Union as one Of The
States thereof. Neither OF the said coun-
ties Of Berkeley, Jefferson or Frederick
was included in or ,hen made part of
the territory Of the new State. nor were
he said counties, or either Of them, part
of the territory Of the said new State al
the expiration Of the said sixty days men
toned in the Proclamation.
The Commonwealth Of Virginia further
states tha, on The 2lst of January, 1863.
an act of The General Assembly Of the
said Commonwealth was passed, where
by, among other things. i, was provided
and enacted iha, polls should be opened
and held on the fourth Thursday Of May
then next, at the several places for hold.
ing elections in the county cf Berkeley,
for the purpose Of taking The sense Of The
qualified voters Of the said county on the
questions Of including said county 10 the
State Of West Virginia. And in and by
the said &C. il was further provided and
enacted that the Governor of the said
Common wealth of Virginis.if Of the opin.
ion that the said vote had been opened
and held, and The result aseertaired and
certified according TO law, should certify
the result OF the same, under the Com.
mon wealth, 10 the Governor OF West Vir.
ginia; and ,ha. il majority Of the votes
given at the polls opened and held pursu.
ant to that act should be in favor of the
said county Of Berkeley becoming part Of
the State Of Wes. Virginia, ihon the said
county should become part Of the said new
State when admitted into the same with
the consen, Of the Legislature thereof; all
of which will more fully appear by refer.
ence to copy Of the las: mentioned act.
which is hereto annexed and msrked "Ex.
hibi, H."{"An act giving the consent OF
the State of Virginia 10 The county Of
Berkeley being admitted into and bscom.
ing per. of IVES. Virginis," passeG jan
usry 81. 1862
And the Commonwealth OF Virginia
states further, iha, by an act OF its GeDer.
al Assembly, passed on the 4,h OF Febru-
sry, 1863. the sane provisions for ballot
on the subjec, oil becoming par. Of the
State of Wes, Virginia, was made in re
speci to the counties Of Frederick and
and the fourth Thursday Of
May then mex, fixed for the day OF eles-
ton. and the Governor Of ihs Common
wealth authorized to act as in the case nf