Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1845-08-14

AHNhICSdt upon thH AOoBg 1ppH WIT ~
the general subject; but the opposition, which de-
feated the application, was, in apPeaTance only,
found ia that quarter. IL furnished excellent
rallying post for many, who could defend them
selves at no other point. A large majority, | am
sure, Of the strongest Of the body agreed with
Internal Navigation, Mr.. Toler, that, $50 far as
the Wheeling opposition was concerned, 1t rested
! on wholly untenable grounds"
The material views. urged by Wheeling, we're
lot. That, from 1920 TO ls43. that City was look
81 10, by the Company, the Terminus Of the
Road
3D. That, in consequence Of the Wheeling sub
scipion, (Which has not been paid the Company
aas enabled to obtain the means, from the State of
Maryland under an Act Of its Legislature Of June
1886, to continue the Road beyond Hatpers
Ferry at which point it would, otherwise, have
stopped-snd
80. That, under the Virginia Act of April 2,
1888, subscribing, the part Of the State 8 058,
f20 and extending the time for the compilation Of
The Road, through Virginia, until the 4th Of July,
la43, Wheeling is treated as the Terminus
II all this be Acknowledgement of which, howev-
er. was. successfully, disproven and overthrow,
bink-it docs not affect the proposition, that the
Company should have its original discretion as to
the Terminus The true view, upon this point, is,
thus, exhibited by Mr.. McLane, in ais argument;
To infer from the acts of the Company,
or, incidentally, from toe provisions Of the
legislative acts concerning it, vested rights
in third persons, to control the necessary
discretion of the company in locating the
Improvement, would be, in almost every
case, to arres, the improvement, or TO de.
I, at lis great object. Every IanGholder
whose expectations may be thus raised,
would have right to prevent the adoption
Of better and cheaper route discovered
upon further examination. The intea-
tons of the company as to location, from
necessity, are liable to change; and the
provisions of law, where permisSiue only
in terms upon no fair rule Of construction,
should control the authority of the Com
pany within the limits of its Charter.
The termination at Wheeling, contemplated by
the Act of 1885, was based upon the, then, select
ed route, to that city, through Pennsylvania. Up
on an application, in 1889, to renew the right of
way to the Company and for further time Penn.yl-
sylvania, substantially. refused, by the imposition
Of conditions, which, it is admitted on all hands,
should not have been scceded to. The Pennsylva-
mia Act was, accordingly, rejected. Thus debar-
red from the route, proposed at the time the vir.
ginis Act Of 1888 was passed-the further exten
sion of time, by Virginia, until the 9th of July,
l843. having transpired-and no part ofths Wheel
ing subscription Of 81 900, 900 having boon paid
that Act, to all intents and purposes In strict Law
and common justioe, was fnsstxs o6eio-cxcept
that the State should, as think, have paid it, sub
scrption Of 05s ,420 and preserved its integrity
Are the sensible and fair-deaing men of the State
apprissd Of the terms, which arc now offered to the
Company To reach Wheeling, by route, other
than tina, through Pennsylvania. will require upon
estimates, prepared by the Chief Engineer Of the
Company, and adduced ond relied upon by the
President, Mr.. McLene, an additional expenditure
of, about, 100000. The State of Virginia, too
takes advantage of the lapse of the Ave years, I'M
der the of 1885, for the completion of the Road
and withholds her subscription of 81 05s, 400, and
Wheeling 10 not compelled to make good her sub
sonption of 900 600. Thus the Wheeling route
is sought to be forced upon the Company at an
'nsrsased cost Of, up@ard', $4,000, 0O0. IL
not this revolving proPositonf
lfthere be an ariom in the Internal Improve
ment System, it is, that Companies should be con-
,rofed as little as possible, in their selection of
routes and termini--for the manifest reason, that,
when most benefited themselves, they most benest
the public. Any other rule would disort the whole
system and defeat its benefcent purposes. In &C.
cordsnoe with this view has been, formerly, tho
legislation of the country and, in the present case.
this principle has, until recently, guided the egis
aton OF Virginia.
| do not seek to provoke discussion, and should
have abstained from any expression of opinion, up
the subject, in communication, but for the pub
lie relations have sustained to H., or if my con-
victions were LEI" firmly rooted. As you know, l.
have no connection Of any character with the Com
pany. The Read has been completed to point.
seventy eighty miles west of this County, and |
have interest in its continuation other than that
which, in common with this community, 10 involved
in the prosperity of the country generally and, espe
cially the city of Baltimore, which 10 the natural
and inevitable market of the Northwest and of
this region. ! do not imagine that such interest
bases my Judgment. Nor have any sympathies
with the Company, other than those, which the
exhibition Of commanding talent and noble energy
in noble work should excite.
EDMUND PENDLETON.
Mariinsburg, August Ii, l845.
Mr.. Chairman This meeting has
been called for the purpose Of receiving
the report ofihe Delegates from this Coun-
ty, Of the proceedings of the Clarksburg
Convention, and to obtain the sentiments
of this County upon these proceedings. |
think Mr.. Chairman, that my course n the
Legislature last wnter-my course since
my return to the County-my attendance
at the Clarksburg Convention, and the part
| took in It's proceedings can leave no room
FOR doubt about my enrnestness IN the
cause which again brings us together
and trust, too no room for doubt about
the motives which actuate me in il. re.
card the Improvement Tor which have