Wheeling daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1852-1859, 1856-05-09
RIaHr oF 81 ,ANIIANDLI3.
We have often been amused At lhe apparent


seriousness with which the Pittsburgh and sto'-
benyiIle Railroad advocates have insisted upon
their right TO invade the territory Of Virginia,
without her consent, and make and work
road thereon. It has always appeared so
ridiculous that we have hardly had the heartse-
rionsly to combat the idea, Put forth 50 va!iant-
~ by Nes4s Jewett Naylor & Co, that no leg
iAla1ion was necessary for their aid in this un-
dcrtaking Strange that for year after yearthey
should haunt the halls Of Virginia legislation,
asking and re-asking for this right when they
at the SAME time assert that they already possess
Il. Judge Wilkins, of Pittsburgh, has recently
had occasion TO speak to this question before the
Councils Of Pittsburgh, and VIC publish a por-
ton Of his remarks. He is well known as ju-
rist. and was member of the Pennsylvania
Legislature last session. After showing, at
length, the insolvency of the company and its
reckless management, he comes to the right of
way question, and speaks thus. We commend
his remarks to our friends in Brooke and Han
cock, and to our friend thoPresidcnt Of the Steu
bcnvillc and Indiana Railroad.
With regard to that clause of our inquiry
Can il be rendered productive: You have given
10 response, leaving me to speculate as may
uDOn that point and to draw my own conclu-
efons. Ii is given in line, without the snrren-
der from Virginia securing the uMbrOkeN eonliee-
tf0a and the terminus on the Ohio, the Road
enatOt be aRed, and, consequently, neTer can
he PRODUCTIVE This Is no vision-it is a re-
atty.
Il might very well have exonerated you from
the trouble ofrcading the matter have submit
ted IN yOIl had at once placed before you the
Ostensible and decisive point which emPhatcal-
Is diSposes of and puts to rest the question, and
In my opinion clearly justilies me in withhold
ineniy sanction Of the disposal of the public mo-
ney to anWEIdieful purpose. This is no noveldoc-
trine OF opinion Of mine arising out OF the pres
ent vexatious coniuncture | stand now upon
the same ground which have occupied since the
date Of the charter Of the Steubenyille Railroad
iFtc position is this: That Company cannot
occupy any portion Of the territory of Virginia
without ccSsion OF the State right from her
Legislature. The President and Managers
with lawyers, too, in the Boartl.) have vainly
attempted TO work themselves into the shallow
belief that they could putat defiance the consti-
tulionaI rights of Virginia; and have boldly as
stunned the wild and extFavagant doctrine that
~ .JoreigH corporation Without the Leglslattre
eessiaA ~ TisgiAii, can construct a Rditroa1
through her territory, and tecy tad collect a tAr
up0a all ffeiqht and IDisssHJers."
Allow me to say, gentlemen, without intends
ing to give personal offence to any onc-certain-
" not to you-that the position is worse than
foIIy-it is downright Insanity THERE own con-
duct by repeated applications at Richmond,
manifest their own want of confidence in the
doctrine they have 50 injndiciously assumed
All the papers exhibited to me clearly show that
the right was insisted upon and its surrender
uniformly refused by Virginia. Could Wheel
ing run her "Hcmpfield Railroad" through
PENNSYLVANIA without the consent and ccssion
Of her Lagislatures Congress-all the power
of the General Government--cahnot take from
State, aud occupy any portion OF her terrific
nv for fort, magazine, arsenal, &C., without
surrender of jurisdiction. So sacred is the soil
of every State of the Union, that the Constitu-
zion Of the United States contains an express
provision on the subject, and interdicts the ex-
crcisc of Jurisdiction unless tho purchase shall
have boon previously made from the State.
Look further, ifyou please, into this branch;
of tho yexed question, and examine the injudi..
cious and WaSteful conduct of the Directors OF
the SteubenyiIle Company in reference to tho
Virginia territory.
Instead OF proceeding promptly at the first
moment to construct the seven miles between
Pittsburgh and Mansfield, and thereby answer
ing an immediats and double purpose--the COM
pIetion Of that portion ofthe road leading towards
SteubcnyiIle as well Washington, and for
which the CHARTERS Valley Railroad company
had contracted 10 pay one hundred thousand dol
lars. they laud themselves for deyoting thelren-
eygies in another quarter, and for the constrnc-
ton oil the only finished seven miles upon f0r0tt-
den erountl! This il truly aretined exercise OF
souatter soyereigntyll This is the deceptive
mode more than once adopted to eoQ1 and whec-
die themselves into the belief that they had cum
ningly evaded the sovereign rights OF Virginia
But here indiseretion does not stop. Az addl-
tinnal waste, of your money q believe the tact IS
referred to In one Of the reports they equipped
mics
purchased a ear under prctcnce las is rumorcd)
that they were 10 DO used as n mail route-a doc
ument iumy possession dissipates all this Hcln-
sion. tHss - - .5.-si.s
This objection resting ON the refusal Of terri.
toral surrender, Is a first and insnperahle one.
AN Others stand behind It, and render 1t useless
TO discuss the question, how far 1t would be prt-
dent 81 yosi and just To the people, with such
disastrous examples before yon, to throw into
the omen and empty lap of q ruined company
more than another million extorted from inc
pockets Of an industrial and frugal people
And pray let me say to you, with sentiments oil
attachment and high respect, enquire and exam
inc this point thoroughly under the advice and
counsel Of urists high in profess ional character
lSy their opinion shah be content to stand or
fill in your estimation, upcn this serious and
preliminary point, upon which might alone,
independently Of all other considerations, rest
my defence. Should there happen to be an IN.
slispositioD to consult the learned and the wise
of my profession, let the question be put to the
GOOD sense of the people. .swill you bestow
second million upon the two hazards-lst. That
Virginia will turn her back upon her own inter-
estss and grant the surrender. Cd. That wisdom
and discretion will distinguish the conduct of a
Road Company that lost the hrst million.
Ills 10 be tecolleeted that the city, besides its
own independent corporate cxistcnce, constitutes
also a part Of the county, and is of course, IN
addition 10 its own appropriate share, resPonsi-
he likewise for the county burlhens. And yet
strange rs Il may appear, they were urged as
independent and distinct communities in refer
enee'to taxation, and successfully addressed by
the proposition that, if the one would subscribe
a eeftain sum. the other would contribute like
or greater amount. You have been at once wick
tdiy forced into your painful enactment OF ordin-
me .nd laws 10 meet the interest on your first