The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1867-01-04

vate rights and interests in lands," by
Sec. 1st, Art. 9, which adopts substan-
TALLY the language OF the ordinance be-
fore cited
Convention, a Special Committee, con-
sisting of legal gentlemen, was appoint
ed, composed of Thomas w. Harrison,
(uow Judge) as Chairman, Col. B. a.
Smith, Mr.. Van Wrinkle, and others, to
consider and report on the subject of
forfeited, waste and unappropriated
lands, }" which Committee reported sub
stantially Article 9Th of the Constitu-
ton. The 4th Section of the Article is
very singular one for Committee to re-
port, and a Convention to adopt, that twere
loyal, sincerely desirous of settling the
land titles, or OF imposing the burden
of taxation equally and impartially, as
guaranteed by the ordinance of '61 and
sec. i, cert. s, of the Constitution before
recited. It released all lands from taxes
that had been returned delinquent since
1881, where the tract did not contain
more than 900 acres, or the tax exclu-
siYe of interest or damage did not eI-
ceedss $50; leaving all lands where the
quantity exceeded ], 900 acres or the tax
$50, still burdened with the taxes and
interest; and II not paid in five years,
ordered them to be sold. The provision
operated in favor of rebel sQuatters
against loyal men living in and out of
the State, as the sQuatters' lands gener-
ally came within the exemption, and in
nearly all cases they had suffered their
lands to be returned delinquent for '6l
and '62, as they spurned to pay any
thing to the Wheeling bogus" Govern
ment, while the loyal men had paid
theirs and had not suffered theirs to be
returned delinquent. The lands of nom
residents, as a general thing, exceeds
1000 acres, and the tax of $40 or SO were
not within the exemption. Besides, the
tax so released in favor of rebels, gener-
ally belong to the old State, and will
have to be accounted for to her on the
settlement, which loyal men will be
taxed again to pay, If any balance be
found against this State. II the State
taxes her citizens or non-residents
equally with lands they own, according
to fair valuation, and then goes to work
and releases the rebel squatter part, or
any other portion, leaving the burden
still on the other owners, she thereby
as palpably and clearly violates the
fundamental condition of separation in
the ordinance of '6l and the whole spirit
of our Constitution, as she would by
taxing one of two of her citizens who
owned property of equal value. twice
as much as the other. Here, then,
was manifest and unwarranted dis
crimination in favor of rebels and
against loyal men, resident and nom
resident. But the section goes further,
and to make confused land titles doubly
confused and open Pandora's box still
wider, it releases all lands that had
been forfeited to the State of Virginia
for taxes delinquent since 1881, where
the tract does not exceed one thousand
acres, and all taxes and damages for
which they were forfeited. Nearly or
quite all the lands probably, coming
within this description, had Injured to
and vested in holders OF existing
patents, which covered the same lands,
or had been resold by the old State for
two cents per acre. What had not been
so disposed of passed to the new State
and is to be accounted for to the old
State on settlement. No one can fail to
see it opens much ground for litigation
which was closed before. 1 opposed
and exposed il as well as could in the
convention, but its friends ruled it
through near the close OF the session,
many of the members, I believe, moi
understanding the intricate subject.
Respectfully, G.P.
January 1, 1867.