Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1832-02-18

was formed out of a part Of the sou hern terri
tory OF Ohio county, yet leaving the dispropor-
ton OF distance TO the Court House as O.
tn 80 aud IS miles. The citizens to the south of
the Court House still believed that they had
Just cause of complaint; they again approached
The Legislature, asking at ,their hands, that
their claims might be heard by a disinte restcd
and an impartial tribunal. Their application
gain shared the same fat they were AGAIN
defeated in the Senate. And now S,- when il
Is admitted on all sides, that the present Court
House is Insult ,ient To accommodate tho busi
ne.s OF the county, that it is in state of dlapi
dation' an unsafe repository of the records OF
ne county. standing in one of the streets of the
town, and liable TO be abatcd rs a public nui-
ance-thcy again approach this House and as k
th't this long agitatcd question may be settled
by impartial Judges selected from parts Of the
Stat" MT within the range of party feeling, or
party prejudice hearing the claims of al, parties.
and taking into consideration the advantages
and disadvantages IF each, and deciding accord
ingly. Taking this view of the subject, and
believing th.t it will be better calculated to
promote justice and harmony, | do hope tina, il
will be the pleasure of this House to sustain the
report OF their committee.
Mr.. FITzHUoH replied as follows:
MIR Speaker: If | can gain the attention of
this House for short time, | will state sue
c'ncily the reasons why the proposed amend
ment should he sus,ained; and such matters of
fact rs shall state, relative to this subject, /
coll on my colleague to admi'. The history
winch he has furnished to his House IF previous
legislation respecting the site of tho Court
mousse OF OHIO county, is correct. Whrthor
these proceedings were correct or incorrect is
new immaterial; for that which at one time and
under certain circumstances may have been
right, ut another time and under other circum-
stances may be wrong II is, sir, proposition
which will not be denied, that on questions of
Tins kind the will of the majority should be the
rule OF decision. By the census of 1880. the
county OF Ono shews white population OF
5000: at this time it is about 10000. The
county is thiry-nnc forty miles in length
with an average breadth of sixteen miles. The
Courthouse is IN he town of Wheeling, on the
West side of the county, nine miles from the
North Inc, anu thirty or thirty from the
South line. The town contains now near
5000 inhabitants; and the space between line
drawn from point seven miles South Of w heel
ing East to the Pennsylvania line, and the
Nor line of the county, will contain three
'ourths OF the population of the county. My
colleague complains of the location the Court
house, as mad" by the justices of the county
shortly after the county of Brooke was created
according to the principles which | have sssum
cd and under the circumstances of the case.
'hat l2catlon was correct. 1t is the centre OF
population and not the geographical centre,
"hich should be sought on such occasions. Let
us, slr. advert 10 the circumstances then exist
ing. The territory now composing the county
OF tNlHr, ttcn was part of Ohio county, and the
whole contained in 800, 4,468 inhabitants-oi
whom, perhaps, $50 resided South of Grave
Creek. Surely, then, the loca ion was made
properly, and to suit the convenience of The
majority OF ;he People. will nov, Mr. Speak
er, call the attention of the House 10 The stua
ton OF affairs at the several times between 8
aho iozo. when redress of grievances on this
snhJect was sought by the inhabitants Of the
southern part of the county. In 1910, the
"hte population of the county numbered 1851;
and IN 1920, G,72H. In 1914, the county Of Tv-
Ter was formed, which accounts for the small
increase between the years 1910 and 1890. AT
the latter period, the majority of the citizens
resided IN the vicinity of the Court house, and
IN the Northern part of the county. The eff
forts to change the site of the Cont house had
men grown into the shape of bill similar to
,hat which is now contemplated; and it was lost
IN the Senate IN 1920 or '2I. Since that time
sir, this question has been several Zines agitated
al the polls; and | call upon my worthy col
league TO admit, that when he first obtained a
seat on this floor, he obtained it under p!edge
that he would not agitate this question here:
and further, sir, that no man who would advo-
cate such proposition could have been, or can
now, be elected in that county. Thus, Mr..
Speaker, 1T appears that the jorty ofthe peo-
pie are satisfied that the Courthouse shall re-
main In Wheeling That Town now contain g
q. population of 6000, and in few years, no.
thing adverse happening, will increase to | o 900
1t is the market place for the produce of the
surrounding country, and the place that the PEG
pie resort to for procuring their supplies Tn
1920, believe its population was MT more than
i7Oo--the increase since is 1900, and it must
continue to increase with rapidity far beyond
that OF any other part of the county. Sir, Sc
V'n-eIghths OF the litigation in that county, is
produced within the lands which have before
named as containing three-fourihs of the popu-
latlon or the county. And here it is modestly
asked to remove the Court house, and that the
lew may be accommodated to the injury and in
of the many.
charge it, Sir, and request the admission
that the object oftho petitioners is to have the
seat ofjustIce located at Elizabcth-I learn that
my colleague is directed by them to have this
done. l regret that there is any difference be.
tween my colleague and myself, as to mysassor-
lion OF his being pledged rot to advocate the re-
tltIon-l consider him pledged. His explanation
does not satisfy me. Who ngtates this question:?
is 1T The PeoPe,or majority of the people in the
county No. Sir. 1t Is question between the
corporaiion,o of Wheeling and the Justices, whe-
ther the Courthouse shall stand in the street
or be moved out of it. True, Sir, it deserves
all that the gentleman has said of it, 1t is
perfect finder box, and an unsafe and improper
popo' io' '"o RECORDS OF the County. Orders
nave been made by the proper authority tba,
some other place be procured. The ground for
a Court House and Clerks Offices has been, mr..
chased near the site fthe present Court-House.
ana now delay must be produced by the an
poIn'ment OF Commissioners, who in all probabi
NY Will not direct removal Of the seat of lus
ice rom Wheeling. In my opinion, Sir, thore
Is hothlpg IN The argument, that under the law
of 707 the Justices have no authority to remove
."e Court house out Of the street.
III, Mr.. Scaker, | have satisfied this House
hat an overwhelming majority Of the citizens