Alan’s TTIM Stories #54

Historic Fiction based on true events and the records of the United States Supreme Court

“The Court will hear from the Honorable Associate Justice David Davis of Illinois with a dissenting opinion on the Court’s 6 to 3 decision recognizing West Virginia’s claim to Jefferson and Berkley counties.”

“Thank you, Chief Justice Chase. Being unable to agree with the majority of the Court in its judgment in this case, I will briefly state the grounds of my dissent.

This is a question of consent and the timing. I ask the court, and the citizens of the states involved, to consider the question of consent. As stated in the Constitution, Section 3, allowing for the formation of a new state, created out of an existing state with original state’s permission. Congress recognized the Reorganized Government Assembly of Virginia after Southern Unionists repealed the Ordinance of Secession of April 17^th of 1861, by the State Legislature of Virginia.

This act was followed by the Wheeling Convention of May 1861, calling for a new state to be established from the pro-union western counties. Congress empowered Pierpont’s₁ government to create the new state of West Virginia, admitted as the 35^th State on June 20^th of 1863.

We agree that the consent of Congress is needed for an agreement between states to be valid. The decision of the Court declares that Congress did give its consent to the transfer of these counties by Virginia to West Virginia when it admitted West Virginia into the Union. It wasn’t until March 2^nd of 1866 that Congress gave consent to the addition of Berkley and Jefferson Counties to the State of West Virginia.

This act of Congress came after the Legislature of Virginia withdrew consent on the fifth day of December of 1865, on the inclusion of the two counties to the State of West Virginia. Virginia had sufficient reasons for recalling its proposition to part with the territory embraced within these counties.

I am not satisfied that procedures, under the United States Constitution, have been followed if a careful consideration is given to the timing of consent of all parties involved. The disputed territory is questioned whether it was included under the Constitution of West Virginia approved by Congress in attaining statehood recognition. This question gave the government of Virginia legal claim to the two counties.” ²

Sources
Supreme Justia
Wikipedia

₁Francis Harrison Pierpont, regarded as the Father of West Virginia, served as governor of the Restored Legislature of Virginia. A statue of Pierpont represents West Virginia U.S. Capitol’s National Statuary Hall. Month after the surrender of the Army of Northern Virginia, President Johnson recognized Pierpont as the Governor of Virginia in Richmond. In 1868, a military commander, General John Schofield, replaced Pierpont. After the Virginia Constitutional Convention of 1867-1868, Pierpont returned to West Virginia and was elected to one term in the West Virginia House of Delegates.

²Virginia lost its case making Berkley and Jefferson counties part of the Eastern Panhandle of West Virginia.

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Follow announcements of Alan’s TTIM Stories at Facebook.com/alan.vandervoort or Instagram & Treads vandervoort_author, with all available posts at www.alanvandervoort.com. Novels by the author include: Sandhills – A Novel and Key Largo Summer, found at Booklocker.com and other online booksellers.