The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1867-01-04
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The Present Depressed Price OF Real
Estate In West Virginih In Markets
Abroad, arising from the Unsettled
Condition OF the Titles In Many of
her Counties, and her UnfrtendIy
edied:
Editors Inteltigencer:
Many of the early patentees, their
descendants or assigns, have kept their
taxes paid up, and still their lands
have been shingled over with junior
patents, which the squatters have taken
out in order to acquire thereby color of
title, shield themselves from prosecu-
tions for cutting and carrying away
timber, and avail themselves of the
statute of limitations. This peculiar
situation which these squatter or Junior
patentees have held, has made them as
II general thing-though there have been
some noble excePtions-pliant tools in
the hands of the political demagogues,
which cursed our section for many
years before the war broke out, and
carried most of the squaIters with them
into the rebellion in 1861, upon the
solemn promise that they would have
all the lands of loyal men confiscated
by the Southern Confederacy, and large
farms allotted to each of the squatters.
4hc lalIOAOhS lcd4CAS anu uuptu
tools are now all back again-looking
for a way to steal what they were un
able to confscate. This element for
political demagogueiSln has been coevRl
with squatterism in many OF the coun-
ties, especially the back and southerly
ones. When Virginia lost her great
men of the revolution, an entirely
different class of public men sue
ceeded. They were altogether inferior
in natural endowments, with souls
gangrened by slavery, and filed with
inordinate pride and ambition, with
hatred and contempt for all who are
not "to the manor born" They began
as early as 1882 to legislate against nom
residents and in favor of the squatters
of Western Virginia. By an act passed
that year, all lands lying east of the
Allegheny Mountains were released OF
all delinquent taxes and damages, and
at the same time, the legislature re-
leased the taxes and damages on all
tracts tceSt of the Allegheny, when the
tax did not exceed $40 90, and on all,
where the taxes and damages added to-
gether, did not exceed $50 90. This ex-
emption included nearly every squat
ter, but reached but few non residents.
By an act passed the 9th of February,
1885, forfeiting lands IVeSt OF the Allie
ghanies only, then off the commission
ers books, if not entered and taxes paid
by certain day, similar exemption
was made in favor of the occupant. In
March, 1897, an act was passed which
applied only to lands tTeSt of the Allie
ghanies, making possession of seven
years sufficient to give the squatter
right to the possession while 1t req uired
fifteen years east of the Alleghanies.
The code of 1850 made the statute of
Limitation uniform throughout the
State, making it fifteen years. By act
of 1852, certain omitted lands iVest of
the Allegheny Mountains We're de-
clared forfeited unless the taxes in
arrear were paid within specified
time, and made the same subject to re-
entry, &c, but no lands east of the AL
leghany were affected. March the
18th, 1861, the Legislature that
organized the rebellion, reduced the
statutes of limitation tUest of the Ale
established by the Code of 80 to ten
years, but left it unchanged east of
these mountains. / well recollect how
prominent this subject of reducing the
statute of Limitation was made by the
incipient rebels in the lower part of the
State, in their canvass for seats in that
Legislature, and was informed that it
had been the only passport to the Leg
islature for many years previous. But
the Legislature had repealed the appeal
until she could conciliate and secure
allies in treason. And still this anomi-
ly in legislation, for venture to say
no other State in the Union has ever
had two distinct statutes of Limitation
in force at the same time, in different
parts OF her domain remaining, and
during the last five and half years, with
all the legislation that has been had by
the reorganized and new State govern
ments, no Legislature has had courage
enough to wipe out this sop of treason.
But il stands to-day with II statute OF
limitations of ten years on this side of
the Alleghanies, and fifteen years in
the few counties lying east of those
mountains, so that a Judge OF the
Eastern Circuit has to apply one rule
in one county and another in county
adjoining within his circuit.
Thus it appears that for n period of
upwards of thirty years, this squatter-
ism has furnished the material for
demagogues to work upon in many
of our counties while parts of the old
casionally rolled and stirred up by
some descendant of an early patentee
who had always paid his taxes, by
bringing suit against them in the Fed
eral Court, where he generally pre-
vailed, though il was otherwise before
the local tribunals, where the dema-
gogue-sQuatter influence, has usually
prevailed. This is a brief sketch of the
policy and legislation of the old State
at different periods upon the subject.
What has the reorganized govern
ment and new State done? The Con-
vention representing the loyal people
of Virginia, when it assembled at
Wheeling, the 11th of June, 1861, felt
vividly on whom they had got to rely
for aid to successfully carry them
through the perilous work they were
about to undertake-not resident Vir-
ginians t'to the manor born," for they
had gone the other way and taken most
ofthe squatters, or junior patentees with
them, filled with the hope OF sweeping
confiscation and ample farms, but
upon lloH-TeSideHtS, the people of the
loyal States. And hence, for the pur-
pose of better securing that aid they put
in the ordinance authorizing the for
nation of new State, the following,
as fundamental conditions on which it
should be erected, viz: "Al private
rights and interests in lands within tho
proposed State, derived from the State
OF Virginia prior to such separation,
shall remain valid and secure under
the laws of the proposed State, and
shall be determined by the laws now
existing in the State of Virginia"
"Thelands, within the proposed State,
of nonresident IOroprietOrS shall not IN
any case be tdred higher than the lands o.
residents therein"
Ineed not mention how these and the
other propositions put forth by that
Convention have been responded to by
Hnon-resident proprietors" of its lands,
aud the loyal people generally through
out the loyal States.
How have the people of West Vir-
gtnia kept this solemn and sacred
pledge made in that solemn hour? The
Convention that framed the Constitu-
zion for the New State. complied with