Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1871-02-11
House Bill No. 60.

a BIZ to terminate the controversy now pen
ding in the Supreme Court of the United States
between the States OF Virginia and West Vir-
ginia, touching the counties of Berkeley and
jefferson, by submitting the question TO vote
of the people of said counties.
BE ii enacted by the Legislature Of Vest
ITIyinia:
WHEREAS, the Commonwealth of Virginia
has filed bill in the Supreme Court of the
United States, to determine by decree Of that
court whether the counties Of Berkeley and
jefferson are included within the boundaries Of
the Commonwealth Of Virginia, or within the
boundaries Of the State Of West Virginia and
whereas the said Commonwealth of Virginia
admits in said bill, that by acts passed on the
3lst of January, 1868, aud 4th of February,
1864 she gave a free and voluntary consent to
the said counties Of Berkeley and Jefferson be-
ING admitted into and becoming part of the
State Of West Virginia, but AYERS that said con-
sent was not intended to be given, and in fact
was not given, except upon conditions prescri-
bed in said act, amongst which were these;
that there should be poll opened at each place
of voting established by law in each of said
counties, and that the polling thereat, should
be safely, fairly and lawfully conducted, and
that on the day named in each Of said acts for
opening such polls, the state of the country
should be such as to permit each and all of
said polls to be safely and fairly held, so that
a full and free expression Of the opinion of the
people could be had thereon and whereas the
said bill now AYERS in contradiction to the Off
cial certificate Of the Governor Of the Com
monwcaIth of Virginia, that at the time fixed
by the said acts for opening the polls, the state
OF the country n the aforesaid counties Berke-
ley and Jefferson, rendered it impractcable to
open the polls at all the places, or any con-
siderable part Of the places of voting in the
last named counties or in either Of them, and
that the voters did not and could not attend
the said polls by reason Of the civil war then
and there being waged and actually carried on,
and by reason thereof there could not be, and
in point Of fact was not, a full and free express
sion Of the opinion Of the people Of said coun-
ties, concerning such proposed annexation land
whereas the said Commonwealth OF Virginia,
in her bill now maintains that a very great
majority of the voters Of each Of said counties,
then were and now are opposed to such an
nexation and holds it high duty not to acqui-
esce in the alienation Of any portion Of her ter
ritory, and people except for their own advan-
tage and with their own consent, and whereas
the State of West Virginia recognizes in their
fullest extent the soundueSs of these great
privileges Of popular government which were
designed to secure to the people Of those two
counties the right to determine by fair and
free expression Of their opinion whether they
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the State of West Virginia. Now for the pur-
pose Of terminating the controversy now pen
ding between the two States in the Supreme
Court Of the United States, and aifording to
the people Of these two counties the opportu-
nifty Of a free and full expression of their opin
ion upon the question, whether they prefer re-
naming annexed to the State of West Virginia,
or would prefer to be restored to their former
relations with the State Of Virginia.
The Legislature of West Virginia enact, first,
that polls shall be opened and held on the
fourth Thursday Of May next, at the several
places for holding elections in the counties Of
Berkeley and jefferson, for the purpose Of
taking the sense Of the qualified voters Of the
said counties on the question Of including said
counties in the State Of West Virginia.
The Poll Books for the county Of Berkeley
shall be headed as follows Shall the county
of Berkeley remain part Of the State Of West
Virginia, and the Poll Books for the county
Of jefferson shall be headed, Shall the coun-
ty of jefferson remain part Of the State Of
West Virginia" and the said Poll Books shall
contain two columns, one headed Aye and
the other Nay" and the names of those who
vote in favor of said county remaining part of
Ill L.. ~, tho fret
column, and the names Of those who vote
againstit shall be entered in the second column.
Four commissioners shall be appointed to
conduct said elections in each of said counties
at the courthouse of said counties, two of
whom shall be appointed by the Governor Of
Virginia and two by the Governor OF West
Virginia, and who shall jointly appoint two
persons TO superintend and conduct the cleo
tjons at the several places Of voting other than
the cOur;-houSes.
The said Polls shall in all other respects be
conducted according to the laws regulating
general elections and the commissioners super
intending the same at the cUurt-houses of the
said counties. shall, within six days from the
commencement Of said vote, examine and com
pare the several polls in the said counties, and
strike therttrom any votes which are by law
directed to be stricken from the same, and at
tach to the polls a list Of the votes
stricken therefrom and the reasons
for 50 doing The result Of the polls shall
then be ascertaiued, declared aud certified as
follows: The said commissioners shall make
cut three returns for each Of the counties in
the following form, or to the following effect
We, commissioners for taking tie vote Of the
qualified voters Of county, on the
question Of including the said county in the
State of West Virginia, do hereby certify that
polls for that purpose were opened and held
the fourth Thursday Of May, in the year 1871,
within the said county, pursuant to law, and
that the following is true statement Of the
result as exhibited by the poll books, viz: for
| the county Of remaining as part Of the
State Of West Virginia votes, and against
it votes, and given under our hands this
day Of ISL which return,
written in figures. not in words, shall Designed
by the commissioners. One Of the said returns
. shall be filed with the clerk of each Of said
counties, and the others transmitted one to the
Governor of Virginia and one to the Governor
of West Virginia, who shall, within ten days
from the receipt of the same, make proclama-
ton Of the result Of said vote.
If a majority Of the votes given at the
polls opened and held pursuant to this act, be
in favor Of said counties Of Berkeley and JEFF
ferSon remaining parts of the State of West
part Of the State Of West Virginia without
further molestatou or controversy from the
said State Of Virginia, aud the suit now pend