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

by law IN each oil Inc salu couhues' d"'
that the polling ,heresi should be safely,
fairly and lawfully conducted; and that
the day named in said acts fer opening
such polls. the state Of the country should
be such as to permit each and all the said
polls to be safely and fairly held, so that a
full and free expression OF the opinion oil
the people could be had thereon.
And The Commonwe eahh further states
tha, at the time fixed by the said acts. for
the opening of The said polls in me coun.
lies OF Berkeley and Jefferson. the state
of the country therein rendered II imprac'
icable 10 open the polls at all the places,
or any considerable part Of the places oil
voting therein, nor in point OF fact were
the same, or any considerable part there
of, opened or held; nor was il practicable
for the voters Of said counties, or consid-
erabIe part thereof, 10 have notice OF sncb
polling, or 10 attend The same; and. in
point OF fact. they did not have notice, and
did no, and could not attend the same, oy
reason of the civil war then and there be.
ing wsged and actively carried on. and
by reason thereof there could not be, and,
in point Of fact, wac not, a full and Tree
expression. or any oportunity for any ex'
preston of the opinion Of tho said eoun
lies concerning the question of such an
nexation; and. in point Of fact, very
great.majorily OF the voters OF each OF The
said counties then we're and now are oP-
posed TO such annexation; all Of which
was we'll known TO all persons concerned
lin procuring the certificate hereinafter
mentioned.
is stated that upon representations
and suggestions falsely and ffsudnlenlly
made, that The conditions Of the said acts
in re pee. TO the annexation Of said coun-
ties had been complied with in all re-
specis. the Governor being wholly ignor'
ant of The truth in the premises, did cerIi.
fy the same: and That thereupon. without
any consent Of Congress had thereto, and
before any lawful and binding compact
with The consent Of Congress had been
made between the two States. the State oi
West Virginia did proceed TO extend its
jurisdiction over The said counties ol Berk'
eley and Jefferson. and over lis inhsbi-
tants, as if the same had fully and Law lul.
| Iy become part of its territory, end still
maintains the same.
lis then SET forth that on the 9Th OF
December. ls65.,he facts having come to
The knowledge Of the General Assembly
of the Commonwe eahb, hst body passed
an act, which was approved by the Gov.
ernor, reciled as follows a.,..
Whereas il sufficiently appears that the
conditions prescribed IN the several ac's'
&c., Aforementioned have not been COM
piled with, and the consent Of Congress,
as required by ihs Constitution OF the
United States not having been obislned
in order to give efectto the transfer, so
tha, the proceedings heretofore had on
this subjsc. are simply inchoate. and said
consent may properly be Withdrawn, and
this General Assembly regarding The con-
templsted disintegraiiOn Of the Common.
wealth, even il within it's constitutional
competency. as liable TO many objections
Of the gravesl character. not only in re.
spect 10 the counties OF Jefferson and
Berkeley over which The State Of West
Virginia has premalurely attempted 10 ex'
ercise Jurisdiction bui,ss to the severa!
other counties sbove referred 10, (all the
territory of Wes, Virginis;) therefore the
second section OF Exhibit No. L and the
whole of Exhibii. Nos. II and III were
repealed, and all consent heretofore given
for the transfer of either OF the ssid coun.
ties was Withdrawn. (ExhibiI INThe
act Of repeal, the tile OF which reciies
what has been stated.
II is then represented that o controver.
sy has arisen and now exists between The
two States in regard TO their respective
boundaries, and especially whether the
above counties have been lawfully annex.
ed 10 end have becoms part OF the terri
tory and within the jurisdiction Of The
Stale of West Virginia. or whether they
slAl remain part OF the territory and
within the Jurisdiction Of the old Com.
nonwealih. I-8 9tssleps
Ths prsyer is that il may be sscerisin.
ed. declared and established By ,hs decree
Of this court that the aforesaid cosniies OF
Berkeley and Jefferson now lawfully are,
and ough, lawfully to be Decided part OF
the territory Of ibs Com nor wealth of
Virginia. and nov, lssfulIy, should be
within lis jurisdiciior and so!bority. and
The boundary line between the Common.
wealth Of Virgins and tke State Of West
Virginia. sbooldihs ssrsf tsiaed and 40 es.
isblished and n.sds4eefssin by the decree
of this court a. 10 include ihe ssid conn-
lies of Berkeley and Jefferson ss part Of
The Commensurate of Virginia.
The bill ia msde relurnsbls on The 20lb1
r Z L