Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1871-03-28

the mother State have been made public, and
the arguments and conclusinns of the severFl
Justices who composed the Court carefully
examined and reviewed through our columns
tO>day, by one of the ablest jurists of our
Valley, who has clearly, logically and truth
fully set forth the iuiquiiy from its inception
to its termination. We hope there are mono
who really desire to know the merits of the
case, or obtain a just knowledge Of the facts
involved, will fail to give the statement APP
pended a careful aud considerate reading.
TOMe Editor If lie SPIRIT If Je6trson -
1t has occurred to me, that the data AID com.
Tcents in the following paper may not be in
appropriate, a. accompanying the history of
the case in the Supreme Court, as to the coan.
ties of Jefferson and Berkeley
The point presented 10y the Demurrer of
West Na.-tO'Wit: that the question being
political, the jt,Iiciol power did not extend to
it-as also that, as TO the limitation of the
Courts power To strict questions of boundary
we're very decidedly repudia,ed by the
Court. Nor did the Court even notice the
I novel proposition, that, because jefferson aud
Berkeley are not named in the present Com
suturiur OF Nirgiris, therefore Virginia had
U'SCid'WtN AL IlGut 10 thCm
The decision OF the Court was based upon
the ground, that CougsCsS, when it consented
to the establishment of West Va on the 2Ist
day of Dac. 1862, virtually, then, consented
! to The transfer OF these counties, as Virginia
| and West Virginia Coy its Constellation had
| previously duue, as the Court thought-pro>
| vIdcd their people shoH!d by vote. also, con.
sent-0mG that the certificate orthc Governor
of Virginia, that they had 20 voted, was con,
cI"siCc, no matter what the facts might be
positions long since taken in the public prints
or argued before the former Court.
may be pardoned, as three of the judges
out OF the seven-and they constituting the
pTepOnderatiHg ability of tho CUurt-utterlv
repudiated the idea of such consent having
been given by Congress on the occasion Of the
| admission Of West Va.-if refer. somewhat
| particularly, to the argument Of the majority,
especially ~ the subject Is one in reference to
| which the people At both States will desire to
! have all the facts very accurately aud distinct.
| ly presented to them.
1t Virginia had, III terms, prior to the con-
| sent given by Congress on the 3Ist of Dec
lSG2. agreed to part with these counties. ,ri.n-
| ccer an Mc future Il vote OF appreciation should
be given 10y them ifthe Constitution OF Wcs,
Va. had provided that they light lie admitted
INTO that Stntc--It tina, provision Of its Con-
l1OORIe~S-
II the vote, in the counties referred TO, was
| subsequently takeu-aud If the Legislature
Of West Va, thereafter. agreed to accept them
and all these requisites the argument of
Justice Miller, delivering the opinion of the
C)nri. assumes were met-then it would be
ditHcuIt To resist the CUuclu-iOnoY the Court
upon mere legal gTuURds-hOwever doubtful
the right ct mere Legislative Body Cat least
without the full consent OF Il majority of it,
people at the liuIe) to ALLEVIATE a part Of the
public domain, especially Such a Eody IS the
'nis called Legislature VI Virginia, that then
assumed TO do 50.
But what are the facts? Briefly these:
The Ordinance of the Convention C,ryled.
OF NIrg'n'a), assembled at Wheeling, pro-
vidcd. Gu the 2Ulh ;iry Of Argus, lsGI-iu
addition 10 its call Tor further convention to
be held on the 2G,h of Nov. 1861. in Wheel.
ing, aud TO be composed of Delegates from,
/ certain counties TO frame u State Constitution
that tho counties of HfHJShirc, NirGy.
u"'yHR, Berhcisy aud .Icf,rson or eiihcr of
them might be included IA the proposed new
State, ''if the said Counties or either Of them.
by a ma ority Of the votes given" ut the cleo.
ton to be held On the 9Th THURSDAY IL Oct
1861, shall declare their wish to form part of
the new State. The Constitution TO be adop;cd
by TINS further convention. and to he ratified
by TIE people, was to be laid before the Cen
eral Assembly, and, upon its consent TO the
formation of the new State, it was 10 forward
such consent to Congress for it's ratification.
The counties OF berkeley and jefferson held
no election, and the provision was a rrllrtv.
The Convention of West Va Of Nov. 26,
1861, framed n constitution, not including
berkeley or 'Jet'crson-but provided in il that
It "a majority ut the votes cast AT tho election
a. provided III the schedule hereof, in the
District composed of the counties of Berkeley,
Jefferson and Frc,icri"h. shall be in favor OF
the adoption Of this Constitution, then the
I Mrce last mentioned cO,.nticS" shall also con-
stiru'e part Of West Va. The general cleo.
ton provided for in the schedule took place
on the Erat Thursday of April, 1862; but no
election vas held in either of these three coun.
ties. That Constitution, il they had so voted
provided. also, that Berkeley and Morgan
should form the 7Ih Dei,yaie District and
choose i"gcthcr two Delegates, and that the
three counties should. tgycther, constitute the
llth Senatorial District and the lrh Judicial
| G'rcuit-thus cvidencing. manisestly. that the
three or neither should become par. Of the new
State. 1t also provided that additional terri
tory might be acquired with the consent of
the Observation-Disclosures territory other than
the trhoie District referred to.
Tho Nct of Virginia of MAY 18th. O.
designating the new State according to its
! Constitution and the schedule thereto pro.
vided. Further, that .wEeuevc- the voters of
J said corn,icS shall rariiy and Assem-, 70 the
said constitution at an election held for tina,
[ VurfC~e at such time and under such rerui,-
tInnS rs HE CommiS>ioncrs' 1,un,cY in sgiY
| scheo'H1e nTGy prcScriLs'-they should become
| part OF West Na.--meauing, we must infer,