|
''Virginia v. West Virginia'', 78 U.S. 39 (1871), is a 6-to-3 ruling by the Supreme Court of the United States which held that where a governor has discretion in the conduct of the election, the legislature is bound by his action and cannot undo the results based on fraud. The case implicitly ratified the secession of the state of West Virginia from the Commonwealth of Virginia, and explicitly ratified that the counties of Berkeley and Jefferson were part of West Virginia. ==Background== At the beginning of the American Civil War, Virginia seceded from the United States in 1861.〔As one historian has noted: " Unionist sentiment was so high in the northwestern counties that civil government began to disintegrate, and the ''Wheeling Intelligencer'' newspaper called for a convention of delegates to meet in the city of Wheeling to consider secession from the commonwealth of Virginia.〔Rice and Brown, ''West Virginia: A History,'' 1993, p. 117-118.〕 Delegates duly assembled, and at the First Wheeling Convention (also known as the May Convention), held May 13 to 15, the delegates voted to hold off on secession from Virginia until Virginia formally seceded from the United States.〔Rice and Brown, ''West Virginia: A History,'' 1993, p. 118-120.〕〔Randall, ''Constitutional Problems Under Lincoln,'' 1951, p. 438-439.〕 Concerned that the irregular nature of the First Wheeling Convention might not democratically represent the will of the people, elections were scheduled for June 4 to formally elect delegates to a second convention, if necessary.〔〔 Virginians voted to approve secession on May 23. On June 4, elections were held and delegates to a Second Wheeling Convention elected. These elections were irregular as well: Some were held under military pressure, some counties sent no delegates, some delegates never appeared, and voter turnout varied significantly.〔Rice and Brown, ''West Virginia: A History,'' 1993, p. 121.〕〔Randall, ''Constitutional Problems Under Lincoln,'' 1951, p. 441.〕 On June 19, the Second Wheeling Convention declared the offices of all government officials who had voted for secession vacant, and reconstituted the executive and legislative branches of the Virginia government from their own ranks.〔〔Rice and Brown, ''West Virginia: A History,'' 1993, p. 121-122; Randall, ''Constitutional Problems Under Lincoln,'' 1951, p. 443-444.〕 The Second Wheeling Convention adjourned on June 25 with the intent of reconvening on August 6.〔Rice and Brown, ''West Virginia: A History,'' 1993, p. 122.〕 The new Reorganized Governor, Francis Harrison Pierpont, asked President Abraham Lincoln for military assistance,〔 and Lincoln recognized the new government.〔 The region elected new U.S. Senators and its two existing Representatives took their old seats in the House, effectively giving Congressional recognition to the Reorganized Government as well.〔〔〔Randall, ''Constitutional Problems Under Lincoln,'' 1951, p. 453.〕 After reconvening on August 6, the Second Wheeling Convention again debated secession from Virginia. The delegates adopted a resolution authorizing the secession of 39 counties, with the counties of Berkeley, Greenbrier, Hampshire, Hardy, Jefferson, Morgan, and Pocahontas to be added if their voters approved, and authorizing any contiguous counties with these to join the new state if they so voted as well.〔Rice and Brown, ''West Virginia: A History,'' 1993, p. 123.〕 On October 24, 1861, voters in the 39 counties plus voters in Hampshire and Hardy counties voted to secede from the commonwealth of Virginia. In eleven counties voter participation was less than 20%, with counties like Raleigh and Braxton showing only 5% and 2% voter turnout.〔Curry, Richard O., ''A House Divided, Statehood Politics & The Copperhead Movement in West Virginia'', Univ. of Pittsburgh Press, 1964, pgs. 149-151〕〔Rice and Brown, ''West Virginia: A History,'' 1993, p. 140; McPherson, ''Battle Cry of Freedom: The Civil War Era,'' 1988, p. 298-299; Randall, ''Constitutional Problems Under Lincoln,'' 1951, p. 451-452.〕 The ballot also allowed voters to choose delegates to a constitutional convention, which met from November 26, 1861, to February 18, 1862.〔Rice and Brown, ''West Virginia: A History,'' 1993, p. 140-141.〕 The convention chose the name "West Virginia," but then engaged in lengthy and acrimonious debate over whether to extend the state's boundaries to other counties which had not voted to secede.〔Rice and Brown, ''West Virginia: A History,'' 1993, p. 141-143.〕 Added to the new state were McDowell, Mercer, and Monroe counties.〔Rice and Brown, ''West Virginia: A History,'' 1993, p. 143.〕 Berkeley, Frederick, Hampshire, Hardy, Jefferson, Morgan, and Pendleton counties were again offered the chance to join, which all but Frederick County did.〔 Eight counties, Greenbrier, Logan, McDowell, Mercer, Monroe, Pocahontas, Webster, and Wyoming, never participated in any of the polls initiated by the Wheeling government, although they were included in the new state.〔Curry, Richard O., ''A House Divided, Statehood Politics & The Copperhead Movement in West Virginia'', Univ. of Pittsburgh Press, 1964, pgs. 149-151〕 A new constitution for West Virginia was adopted on February 18, 1862, which was approved by voters on April 4.〔Rice and Brown, ''West Virginia: A History,'' 1993, p. 146.〕 Governor Pierpont recalled the Reorganized state legislature, which voted on May 13 to approve the secession (and to include Berkeley, Frederick, and Jefferson counties if they approved the new West Virginia constitution as well).〔〔Randall, ''Constitutional Problems Under Lincoln,'' 1951, p. 452.〕 After much debate over whether Virginia had truly given its consent to the formation of the new state,〔 the United States Congress adopted a statehood bill on July 14, 1862, which contained the proviso that all blacks in the new state under the age of 21 on July 4, 1863, be freed.〔Rice and Brown, ''West Virginia: A History,'' 1993, p. 147; McPherson, ''Battle Cry of Freedom: The Civil War Era,'' 1988, p. 303-304; Randall, ''Constitutional Problems Under Lincoln,'' 1951, p. 460-461〕 President Lincoln was unsure of the bill's constitutionality, but, pressed by Northern senators, he signed the legislation on December 31, 1862.〔Rice and Brown, ''West Virginia: A History,'' 1993, p. 149-150〕 Luckily, the West Virginia constitutional convention had not adjourned ''sine die'', and was called back into session on February 12, 1863.〔Rice and Brown, ''West Virginia: A History,'' 1993, p. 112, 150.〕 The convention amended the state's constitution on February 17 to include the congressionally required slave freedom provision, and adjourned ''sine die'' on February 20.〔Rice and Brown, ''West Virginia: A History,'' 1993, p. 151.〕 The state's voters ratified the slave freedom amendment on March 26, 1863.〔 On April 20, President Lincoln announced that West Virginia would become a state in 60 days.〔 But Berkeley, Frederick, and Jefferson counties never held votes on secession or the new West Virginia state constitution, as they were under the military control of the Confederacy at the time.〔''Virginia v. West Virginia'', 78 U.S. 39, 42.〕 On January 31, 1863, the Reorganized legislature of Virginia passed legislation authorizing the Reorganized governor to hold elections in Berkeley County on whether to join West Virginia or not.〔''Virginia v. West Virginia'', 78 U.S. 39, 44-45.〕 The Reorganized legislature similarly approved on February 4, 1863, an election for Jefferson County (among others).〔''Virginia v. West Virginia'', 78 U.S. 39, 46.〕 These elections were held, voters approved secession, and Berkeley and Jefferson Counties were admitted to West Virginia.〔''Virginia v. West Virginia'', 78 U.S. 39, 47-48.〕 However, on December 5, 1865, the Virginia Assembly in Richmond passed legislation repealing all the acts of the Reorganized government regarding secession of the 39 counties and the admission of Berkeley and Jefferson counties to the state of West Virginia.〔''Virginia v. West Virginia'', 78 U.S. 39, 48.〕 On March 10, 1866, Congress passed a resolution acknowledging the transfer of the two counties to West Virginia from Virginia.〔''Virginia v. West Virginia'', 78 U.S. 39, 49.〕 Virginia sued, arguing that no action had taken place under the act of May 13, 1862, requiring elections, and that the elections which occurred in 1863 were fraudulent and irregular. West Virginia filed a demurrer which alleged that the Supreme Court lacked jurisdiction over the case because it was of a purely political nature. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Virginia v. West Virginia」の詳細全文を読む スポンサード リンク
|