Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1846-02-03

INCORPORATION Of any other Company WIN =
sam.desien Is this vaunted vested IISn. ny
vent, through all lime, The connee'l9n - :
the Chesapeake and the Ohio! Cou,n ~
s~islalnre pass an act prohibiting any l".usen :,
oislature from the Incorporation al a COMPANY
11r this nurnnse7 This vested right rests alone
mon The ac, OF The second Apfii, iooo.-
This act authorized The Company 10 cohs.'"I ~
their railroad from Harper's Ferry 10 'he Coll"
branch cf The Potomac. six miles bei'@ Gul Mo
bcrland: and provided for & sutscTiPuon " ne
State OF 81. 05S4 20, the two-fiths OF inc estimated
cost of The work IN Virginia, on sand rou'e, oe-
low Cumberland, and by The town o. nhIe'.uS
Of 81, 000, 900, on condition that Inc lodu s" ~.
be made 10 Wheeling. The route cailcu iu1 w
this acl would pass through PennsYiVahid. i"e
Company never accepted a Charter lsquHins .
route through Virginia and MaryiaMu WIN .ne
Western terminus at Wheeling. Inc acl was
PASSED in concentration OF The contingency OF a
refusal nv lhe Legislature OF Pennsylvania 70
grant the right of way. The Wheeling memorial
asserts (while il processes TO demohs.faie) ND.
the failure of the route through pennsylvania
could no, be material as injurious 10 inc tiSntsoT
interests of either Virginia, The city Oh WheeiinS,
or the COMPANY. That the object oil Inc company
was merely 10 reach the Ohio, without regard 10
The terminus, and il was of no consequence wne-
therlhey went through Pennsylvania or Nisih'd'
This demonstration utterly fails. ne ac' @asa
mere charter which it was possioie u ioiieh--
The charter has been forfeited, anu no Que Eau
claim any rights under il. Suppose, according
10 The ORIGINAL charter. the railroad had been COM
plelcd 10 Wheeling, would there have been any
vested rights which could have prevented Inc Le-
e~islature from authorizing the construction OF Ia
leral branches TO the Ohio at any point! II ihls
could not be under the charter, Still less coniu II
be nossible when The charter has been forfeited.
II the act of 1888 was 4 contract bindlns upon
The Company, was il not equally binding upon
The State? Is The sum of one million and a nan
sill due fiom the State 10 The Company.f The
civ OF Wheeling seems 10 have reccted some
what from its claim OF right. The Council re-
Gently expressed The opinion, that their clam
rested moi upon right, but upon an Imperfect mo-
raj obligation. The President OF The Company
successfully combalted these imperfect rights
They can have no right 10 a monopoly OF benrhis
based upon their expectations alone. were such
principles announced, you would arrest The pro-
gress OF human Improvement, because, iorsooln,
you might interfere with the expectations OF others.
The next basis OF their vested rights was
the subscription OF one million on the part OF
the town of Wheeling. The memorial says,
',his subscription enabled the company 10 com.
ply with the Maryland law of June, 1886, and
ask as a right, The payment Of 100000 dollars,
The subscription on the part Of Maryland."-
This ground was taken last session and regard
ed as unlenable. The subscription on The part oi
Wheeling did not influence The Stale OF Mary
land in its subscription to The company. No
thing has ever been paid By Wheeling on this
subscription. There were three parties 10 The
contract: the Stale Of Virginia, the Company and
the town OF Wheeling. Two Of these parties, the
Stale and the Town, have been cminenlly benefited,
and will they now say to this Company, which
has conferred snch benefits upon them, you alone
shall be the sufferer, while We will ENJOY every
advantage. A Company that has done 50 mitch
Tor the State has strong claims upon her generosl-
" and gratitude.
The next position taken is that Of policy
Can any one doubt that The prosperity Of Tie
Stale vii! be promoted By this road? Do mol all
the memorials insist upon The great benefit 10 The
Stale and 10 the people of the Northwest, which
will be conferred By this improvement? Would
ii be The dictate of sound policy 10 incur any risk
Of failure in its accomplishment The refusal OF
The present application OF the Company would
lcopardizc the success Of the work. 1t has been
said that il the Legislature persisted in It's relu-
ing in preference 10 P.l,sburg. Wheeling never
contemplated as a terminus Of the road in
OF Pitis5urg. Only a branch route 10
Wheeling was originally designed. The es,i-
mate for The road from Cumberland 10 Wheel
ing was about nine millions, while that from
Cumberland 10 Pitsburg was about six millions
Of dollars. The opinion was expressed by Mr..
McLane, the President Of The Company, that
The route assigned by the act oil The last ses-
was The worst that could possibly be select.
and lis adoption would PROSTATE the en-
lire work. By this acl, they were required,
after approaching in sight Of the Ohio river, 10
ascend the river for The distance OF forty miles
Wheeling. Besides, it would be necessary,
reaching Wheeling, 10 tunnel through al
least seven mountains. Other towns on the
Ohio might with equal propriely be selected as
The erminus, and their prosperity would be los
tered by their selection.
A bill has been recently reported 10 the Penn
Legislature granting the company The
Of way to Pilsburg. Should that bill pass,
wCuld there not be some obligation on The part
OF our Legislature 10 provide an improvement Tor
The Northwest? i, was The dictate OF policy
and wise craftsmanship 10 secure the union of
Maryland with Virginia, rather Than 10 promote
~ our legislation her more Intimate connection
PENNSYLVANIA. The company have not
merely decliaej, bu; unanimously rejected the
act OF our last Legislature. II would be impos-
that 4 meeting OF the Company for the
Of accepting this act, could take place
before the 10Th OF March next, the time prescribed
in the act for the expiration OF The charter if moi
1t has been said that a change in the
would destroy Wheeling. Is it fair 10
say that Wheeling would be destroyed by I'M
the county in lis vicinity? Wheeling
is dependant chiefly upon its manufactures for
lis prosperity. Would il! moi be a strange me-
thod Of affording, protection TO her manuiac-
iures, by refusing 10 improve lhe surrounding
country, and excluding others from the enjoy
.,,are nj tho f1ntltttTe noCaUcar In cp1hln thorn l
TO purchase her manufactures Last session it
said that Wheeling was 10 be destroyed by
the failure 10 complete the road TO that place.
he immense improvement Of Wheel
ing. which is Cue 10 the railroad 10 Cum
herland, is insisted upon as a reason for lis
as the Western terminus The pro-
Guce OF Wheeling can be transported with case
on the Ohio to any point on the river al which The
road may terminate. 1t is the inierestof Wheel
ing 10 force this Company 10 select Pitisburs,
since the hope is entertained that a branch from
Pitisburs 10 Wheeling would he required IN Inc
extension Of the road 10 Columbus. VI The
benefits Of this road should be lost to Virginia, il
would not be The result of any narrow policy
advocated BY himself or the people whose in
leGesls he represented. He was influenced by
no CHER consideration, Than a desire 10 pro-
mote the best interests of the Commonwealth.
The conflict Of interests between this road and
the central improvements next insisted on. Last
winter, thi. was considered as a most serious OBJ
lection, but now il is not regarded as al all i'm
proper 10 provide Tor me construction OF a Rail
Road running parallel with The canal throughout
lis whole extent, and coming into direct compe-
lition with il. Now, The object is TO build up a
great city, and the interests OF the Northwest are
considered as Of minor Importance. Gentle
men should he willing 10 mrte out the same
measure of justice 10 every portion OF the
Stale. Allusion had also been made TO The
division of the North west. He regarded the
success Of This improvement as calculated 10
bind the Northwest more closely together.
he expressed The hope that the Wheeling me
mortal would not weigh a single feather with
this Legislature. In making this application,
The people OF The Northwest relied upon those
great principles Of justice, which were recog-
missed in our Bill Of Rights. They were sustain
ed by every consideration Of rxpediency and Of
right, and he trusted that their claims would not
re disresarded BY the Stale when presented by
one who was associated both in name and in
blood with the founders of our institutions.