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

consent on the 4th Of Feb. '9l-Gefore the
Constitution Of KeatHcEy lrGs framed.
1T, however. Congress had so adopted the
Constitution Of w. Va, We have never seen
it commended that. by. virtue thereof, its sane
tiOn of that Constitution could be INTERPRETED
TO authorize az 02Vanee-by reason Of tho
clause in It in reference to ''additiOnal terri
tOry"-the acquisition of any Territory by
w. Va, other, at least, than the District Of
the three counties referred TO.
Then fOllOWed-The Acts of Va. Of Jau.
3lst, 1868, and Feb. 4th, 1868, cOnscnting,
upon a vote to be taken in them, TO the trans
fer Of these Counties of Berkeley and Jetfer.
son.
Thus We have tks following ascertained
propositions.
1st. An entire failure Of the scheme of the
Va. Convention at Wheeling of Aug. Goth,
1861, as neither Berkeley nor Jefferson held
elections in reference to the w. Va. Convcn-
ton of Nov. &c, '6l.
End. The substituted provisions, in the
Constitution framed by the latter Convention,
which, for reasons readily to be comprcbended,
did not contemplate the transfer OF one or FRO
OF the three counties of Jefferson, Berkeley
aud Frederick, without all of them, aud which
distinctly manifested that purpose in the
specific assignment of GN of them to Delegate
tentative provisions ir case one of them
should not be in favor of the transfer.
Bird. The fact that neither CT them voted
ct all, As the West Va Constitution provided
4th. The further provision in the Cors,itu
tion of West Va. as to additional territory"
which must mean Territory other than the
District composed of the three counties, but
if this were otherwise, congress did not, in
fact, adopt the Consultation of West Va. in
this respect, or, it so, did not OF could not.
thus, an GdcGRcc, pass upon any other propoS
sition than that contained in form in that con,
s;ItutiOn.
9Th. The inevitable conclusion, that when
congress gave its consent in Dec. '62, West
Va. was not bound it had not a.reed-ir
the Dtsrrici composed of the three counties
did not consent-tO take n part OF it and,
therefore, that the consent Of Congress could
not be stretched to embrace future agree
mcnt by West Va. to take one ar j,cO NJ them.
9th. The Act of the Va Legislature #
May ID, '62, clearly also looking to the three
counties Us only az Bo'iy to be transferred
If they should so vote, bit nRder ,-hich M
rOtc WHS fuE.cn.
Aud 9Th, supcradded to all this, we have
the decL"r0f'o" If VirgiMia on the }Ist day
Of Jan. 'G3 aud the 4rh day OF Feb 'G3 Cre!er-
ring to no past Legislation of hcr's.O as. 11y
'''' N'"' 'f"t'' ewing us 'bNStnl upon terms.
however, to which We shall advert) and as
certaining that 4 Thought the y,-crjoRs action
OF tue State tor the purpose had been IN OPP.
crG''"''-thc dccirrU'iON OF IVcS, w., by its
Cnns;iturior and at the time when it was ad.
mIttcd by Congress, thati; consented to re ,eive
the three counties or neither and its further
declaration. by the acts in its Statute book uf
Aug. 3rd 'G3 and Nov. 2nd 90 (ignCrlng the
iru'tIess effort Of it5 constitution to acquire
inc ,So coumte&) that it received them by
virtue Of the Acts of Virginia. referred to.
of Jan. aud Feb. 'G3, J,"s&ed Subsequent IN
the R1ie IF the consent n 'opyrcxs ~ Dec
'62 and. finally. the decL,,r"'.oD If Empress
iiScif, 10y its net of March 10Th 1866, in these
brief words:
"ResuIved, that Congress hereby recognizes
the transfer of the counties of Berkeley aud
jefferson from the State nf Va to West Va.
and consents the-e;u '-lh-t ;thud uercr GcJOrc
given its consent
In the face fall this. a majority of the most
august Tribunal of the land has said that
the transfer was. lr-iii5;rate!y. effected bv the
Act OF Congress Of Dec 2lst, 1862, admitting
West Va.
THE GOVERNORS CERTIFICATE or TIE ELEc-
TIO@ IN 1865:
The vote then taken. it may be stated here
was, VIGOROUSLY and undeniahIy, a sham and n
cheat. The polls were opened at comparative
" few places. wheu required by the Acts to
he opened at all. No, one fifth, perliars. of
the people of the two counties vo'cd-iearinr
TO do so because Of the times. The Act re
quired the Commissioned at the Court
Houses to certify that polls were opened mir.
slant IN hdDr." Whether they did 20. does
not appear. Ifthey did SO in terms. the Bill
OF va. alleged that fraudulent representations
were made to the GovSrnor-but this. the
Court decides. canno; he looked into.
1t m evidence was laid beInre the Cover
nor. tcudingth show that tie polls were opened
at al the places Of voting, it 1njyhf be re-
gnrdcd as cxpcdient to present tina, fact in
new Prosccdng-if the Court had not. pcr-
haps. prcaluded such on enquiry by announc-
ing that the "oDiHiom'' Of the Governor. that
the election vas legally held, cstnrs further
enquiry. The general principle is well mn.
dcrstood, that. when the SyGicjcncy of proofs is
TO be passed upon by public officer in such
matters and no appeal to another forum is pro-
v;ded for. his decision is final 1t is an
nounccd in II Peters f5s, thus, hy the Su,
Premc Court-"Noother Tribunal is a, liberty
to re-examinc or cOntrovert the m5icicncy If
such proofs, II IDm Jefore lin y Bur the
Court says now, as l understand It, that the
Governors opDioH-I term which implies a
Judgment WpOE .J;IcrS- cannot he reviewed. al.
though, 1t may be, no tnc's ,rhGercr as to the
opcCiug OF the polls at all lie precincts, were
laid before him.
Could the Legislature OF Virginia have de-
signed this-and can the Court have so de.
HaeFa'e'y meant! JUsTITIA.
The Washington Patriot savs:-..Mr.
Van Trump. of Ohio. created good deal of