The New York herald., 1871-02-16
THE COURT rs.
ccndemnations-A Custom House case-The Ship
Neptune cruslres : Passing Counterfeit
Money-A Transaction in stocks-Acton
for Professional services-Dscisions.
UNITED STATES SUPREME cua'I.
Question OF Jurlsdiction Between virginia ana


West Virginia, -
WASHINGTON, Feb. IL, ls7l
NO 8 orginal,. T7as STATE or Virginia u.s. West w,
Csnla.-Thls Is bill fled by the old State OF VIZ
Rtnia denying the validity Of the cession OF the
counties OF Berkley and JEFFERSON to the Srate OF
West Virginia In 1s83 ana asking to nave Them re-
stored TO the jurisdiction ana sovereignty OF the
mother state II Is insisted, IN the hSt place, that
the fundamental condition upon wD!ch The cession
was made, 10 wt-the concurrent 9ssent OF the pco-
ple OF those countes-was not complied with; and,
second. that before the RATIFICATION by Congress OF
the ccsslon made q succeeding Legislature OF the
o.d state Withdrew tue consent which had
been previously gwen snd ,owSsr that this
two States and that there nothing for Congress
10 rauy. Prior 10 the ratification Of Congress- the
legislation oI virginia OH the subject OF cession was
only proposal and as such imperative and
SUBJECT 10 withdrawal. On the part OF defendants it
is contended that the conditions were complied with
by vote Of the people, ana mat the fact was
officially certified by the Governor OF the ced,ng
State and that the court wl rot 40 behind that GER
tincate The charges made by the complainant OF
fraud IN the election are 100 vague and indefinite
TO be regarded by the Court, and, be.
either upon West Virginia. the Governor
oerlliyfng The vote, or upon the commissioners who
argued that the subsequent Legislature the State
could not withdraw the consent OF ITS predecessor
or dlsavow It's acts. 10 Congress belongs The eXcl-
sive authority to determine whether compact has
or has not been made between two States and
whether luat compact Is consistent with the general
Interests OF the Union. and the constitution OF West
Virginia, approved by Congress, contenplates these
counties prospecuvely Us portion OF the new state
and makes provision for their representation in the
Legislature and IN the judicial circuits OF the
State. The ADMISSION OF the State OF West Vlr-
gilia nto the Union, therefore was the ratification
eI Congress The determination whether compact
has been made or not between two states Is polit
cal question TO be determined by The political de-
parlments oil tie government. It's conslruc .ion
when made, Is judicial question 10 be lett TO the
courts. IL Is maintained furtner, that at the time
oI ming this bill Virginia was not state III the
Union within the meaning OF the clause of lne con-
sltuton which gives 10 state the night
70 invoke The original jurisdiction OF this
Court. 10 the character Of such a state equality
OF tights is fundamental, and consequently the right
TO ne represented in Congress ana all oher rights
and powers reserved to tie state people. When
fais bill was fled Virginia denied the right OF
representation by the legislative department. and
has only been recently admitted 10 such representa-
hon. Ihls being so, Virginia was not State en-
Titled TO lie this btl, ana this is question 10 be
decided oy Congress, another political department.
Dot by the courts THAT department has already de-
cioed this question adversely TO the complainant,
and consequently the Court Is without Jurisdiction.