Cooper's Clarksburg register. [volume] (Clarksburg, Va. [W. Va.]) 1851-1861, 1858-01-01

81 5a sgaas 81 sy.l s;sss
them off by. metes and. bounds. and rent
ing them out for the states as is iproitably
Edone by other states. IS ia ls9gsuR y
The eminent domain in land und nder;the
waters, is an incident of government and
not proprietary right. The state may
fnot ALLEVIATE lit to an individual and is
tbound, as long as it Is sovereign over it,
to hold it in government trust for public
uses, because suchsuses require aatfust of
the highest dignity and. although il is
'' jas pubLtcaan in every senses yet it is "a
jus Pubttcum" reserved to Virginia. 1t
is not granted to the general government
in the clause of commerce which embra.
cesi navigation, The latter is a =. jxs
pu6licunH to the United States; the tor
mer to the State OF Virginia alone, The
citizens of other states, in common with
ours, may sail or steam over and through
the waters; may have anohorage, and
wharfage, and dockage. and every other
use of the soil necessary to facilitate com.
merce. and render the navigable water
serviceable as an easement or public
highway; but the citizens of Virginia
alone have the common right, under the
states sovereign regulations, to break
her soil of eminent domain in catching
shell fish growing thereon.
In Foley y. Harrison ct al. is How.
432-33. Judge Taney expressly declares
that the law of New Jersey gave the de-
fendant the exclusive privilege of plant,
ing and growing oysters, upon the pay
ment of a certain rent to the state. The
public use may be realized then by rent,
ing the locus in quo under water.
This is but an epitome of the subject;
and it will afford me pleasure to give any
committee more detailed information in
relation to it.
If it be feared that the scheme is i'm.
,practible by State officers. the legislature
has but to grant corporate powers TO a
company to collect revenue from this
source. within maximum and minimum
limit. and / have no doubt that large
bonus can readily be got for the privilege.
The oyster banks will pay better bonus
than the banks OF paper currency. An
oyster mine is richer source of profit to
labor than any known mine Of coal, cop
I per. silver or gold. If our oyster beds
had been mines Of metals. they would moi
have been so-neglected by legislation as
a scource of revenue.
INSURANCE BY THE STATE.
Ircpeat to the legislature what I have
said on this subject in my correspondence
with M. Lacouture. The subject is toe
voluminous to enlarge on in detail; but
the accompanying report by the auditor
will show what a meagre amount of reve
nue. is derived from the present tax on in
surance. 1t is. chiefly insurance by othel
states, and the laws are easily evaded.-
with circulars inviting the negotiation o
policies. without any officer or agency il
our limits. Consequently, up to October
1857, tax was paid upon only $995. .46l
} SIS Of premiums. l believe that more
than double that amount is drained from
our state yearly for insurance. The prof
its of the business may be judged Of bJ
} the accompanying circulars and adver
r lisements, to which | call your attention
: Why not lay tax which will proect thu
: property which it burthens Why no
| lay voluntary tax to relieve from invol
! untary burthens =? l would not compe
our citizens to insure their property OF
, lives, nor would disturb existing char
! ters. But do recommend that all insur
; ance except by the state shall in future
be prohibited, allowing present companie'
to expire, and organizing state corpora
} ton to insure lives and all property sub
} lect TO insurance, as the state has beer
al fOS
, Up to 1911 the losses by insurance Of to
( bacco amounted TO about $64 600 anC
: since then to S 500 only on millions o
J value.
; The insurance Of tobacco arose, from
certain historical causes. but it teaches
; lesson Of the practicability and profit o
: insurance by the state, which is not de
] lusive. The fee Of SO cents per hogsheat
has accumulated fund in the treasury
3 to protect warehousing for the planter. q
: about $500. 600. Why cannot other pro ,
erty in like manner be protected ?
e Switzerland has long resorIed TO the sys
| tenn successfully. and now have ma
g Of detail on the statistics Of the subject il
that country, which am waiting 10 hsV
t translated. France too. it is said, is abou
J to resort to a compulsory system of in
. surauce. repeat that 1 recommend on
ly voluntary system here. Compt
$ none to insure, but II they do insure, re
: qure the policy to be negotiated by tb
n state. This would replenish the treasury
!. and prevent the cost of insurance fror
n being drawn from the state. On th
+ subject. too, 1 will endeavor TO be ready
}. with prepared details, TO be submitted q
i the proper time.
EDUCATION AND THE LIrERARY FUND.
e Since the last session of the general a