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XII. WEST VIRGINIA.

Formerly part of the State of Virginia. Separate State Constitution framed Nov. 26, 1861. Ratified by the people May 3, 1862. Consented to by Legislature of Virginia May 3, 1862. Amended Constitu tion ratified March 26, 1863. Admitted into the Union June 20, 1863, by authority of Act of ConCapital, Wheeling. Area, 23,000 square miles. Population, by Census of

gress of Dec. 31, 1862.

1860, 393,234.

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By the act of Congress admitting West Virginia | into the Union, the new State embraces the following counties of the old State of Virginia,-viz.: Hancock, Brooke, Ohio, Marshall, Wetzel, Marion, Monongalia, Preston, Taylor, Tyler, Pleasants, Ritchie, Doddridge, Harrison, Wood, Jackson, Wirt, Roane, Calhoun, Gilmer, Barbour, Tucker, Lewis, Braxton, Upshur, Randolph, Mason, Putnam, Kanawha, Clay, Nicholas, Cabell, Wayne, Boone, Logan, Wyoming, Mercer, McDowell, Webster, Pocahontas, Fayette, Raleigh, Greenbrier, Monroe, Pendleton, Hardy, Hampshire, and Morgan. In addition to these, the Constitution of West Virginia makes provision for the admission of the following counties also,-Berkeley, Jefferson, and Frederick; and these counties, having, at an election held for the purpose, adopted the Constitution of West Virginia, only require some preliminary legislation to incorporate them with the new State. The boundaries between the new and the old State can be traced upon the map by referring to the above list of counties. The greater part of the territory lies between the main ridge

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of the Alleghanies and the Ohio River, covering an area of about 23,000 square miles, and embracing a population which numbered, in 1860, 334,921. The EXECUTIVE power of the State is vested in a Governor, elected by the people, to hold office for two years. At the time of voting for Governor, an election is also to be held for a Secretary of State, a Treasurer, an Auditor, and an AttorneyGeneral, to hold office for two years. The general election for State and County officers, and of members of the Legislature, is held on the fourth Thursday of October.

The LEGISLATIVE power of the State is vested in a Senate and House of Delegates, the former consisting of twenty-two Senators, elected for two years, and the latter of fifty-seven Delegates, elected for one year. The Legislature is required to meet once a year, the regular sessions to begin on the third Tuesday of January. Sessions are limited to forty-five days, unless otherwise ordered by two-thirds of both houses. The pay of Senators and Delegates is $3 per day, and ten cents per mile of travel going and returning.

JUDICIARY.

The judicial power of the State is vested in a Supreme Court of Appeals, Circuit Courts, and certain inferior courts. The Supreme Court of Appeals consists of three judges, elected by the people, to hold office for twelve years, one to go out every fourth year. This court has original jurisdiction in cases of habeas corpus, mandamus, and prohibition; and appellate jurisdiction in civil cases where the matter in controversy, exclusive of costs, is of greater value or amount than two hundred dollars; in controversies concerning the title or boundaries of land, the probate of wills, the appointment or qualification of a personal representative, guardian, committee, or curator, or concerning a mill, road, way, ferry, or landing, or the right of a corporation or county to levy toils or taxes: also in cases of habeas corpus, mandamus, and prohibition, and cases involving free dom or the constitutionality of law; also in criminal cases, where there has been a conviction for

felony or misdemeanor in a Circuit Court; and such other appellate jurisdiction as may be prescribed by law. In addition to the foregoing jurisdiction and powers conferred by the Constitution, the Supreme Court of Appeals is invested by an act of the Legislature (passed July 20, 1863), with all the jurisdiction and powers, original and appellate, which, under the laws in force on the 19th June, 1863, could have been exercised by the Supreme Court of Appeals or the District Courts of Virginia respecting any suit or proceeding within the limits of West Virginia. The salary of the judges of this court is $2000 per annum. Two sessions of the Supreme Court of Appeals are required to be held every year at the seat of government (Wheeling), beginning on the second Thursday of January and the second Thursday of July, respectively. The officers of the court are appointed by the court.

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The judges of these courts are elected by the people of the respective circuits. They hold office for six years. The judge must reside in his circuit. The Circuit Courts have jurisdiction and control of all proceedings before justices and other inferior tribunals by mandamus, prohibition, or certiorari. They have (except in cases confided to other tribunals) original and general jurisdiction of all matters at law where the amount in controversy, exclusive of interest, exceeds twenty dollars, and of all cases in equity, and of all crimes and misdemeanors. They have appellate jurisdiction in all cases, civil and criminal, where an appeal, writ of error, or supersedeas may be allowed from the judgment of an inferior tribunal. Other jurisdiction may be conferred by law. A Circuit Court must be held in every county four times a year.

The Constitution of the State provides for eleven circuits, which are constituted as follows:

Barboursville....

Berkeley Springs......

Jan. 1, 1869.

$1.800

First Circuit.-Hancock, Brooke, Ohio, and Marshall counties.

Second Circuit.-Monongalia, Preston, Tucker, and Taylor counties.

Third Circuit.-Marion, Harrison, and Barbour counties.

Fourth Circuit.-Wetzel, Tyler, Pleasants, Ritchie, Doddridge, and Gilmer counties. Fifth Circuit-Randolph, Upshur, Lewis, Braxton, Webster, and Nicholas counties. Sixth Circuit.-Wood, Wirt, Calhoun, Roane, Jackson, and Clay counties.

Seventh Circuit.-Kanawha, Putnam, Mason, and Fayette counties.

Eighth Circuit.-Cabell, Wayne, Boone, Logan, Wyoming, and Raleigh counties.

Ninth Circuit.-Pocahontas, Greenbrier, Monroe, Mercer, and McDowell counties.

Tenth Circuit.-Pendleton, Hampshire, Hardy, and Morgan counties.

Eleventh Circuit.-Frederick, Berkeley, and Jef ferson counties.

FINANCES.

Having been organized but a few months, the State of West Virginia has but a brief and very general financial history. The report of the Auditor of Public Accounts of Virginia for the year ending September 30, 1860, shows that the fortyeight counties composing the new State paid into the treasury for that year over $600,000. As the revenue of the entire State of Virginia in 1850 was but $532,664, the new State takes very respectable rank, at once, in the matter of resources. At the last session of the General Assembly of Virginia (loyal) prior to the organization of West Virginia, all property owned by, and all moneys due, that State, within the boundaries of the new State, including the taxes of 1863, were transferred to the latter; and the specific sum of $150,000, and all moneys in the treasury not otherwise appro priated, were set apart for the benefit of West

Virginia on her admission to the Union. Thus the new State commences her career with $150,000 in the treasury, and with assets embracing a large amount of uncollected taxes, including the taxes of 1863. The Constitution provides that the new State shall assume an equitable proportion of the debt of Virginia as it stood prior to January 1, 1861; but no other debt can be contracted except to meet deficits in the revenue, to redeem a previous liability of the State, or for State defence.

An act making appropriations, passed by the Legislature of West Virginia August 5, 1863, contained the following:

For expenses of Constitutional Convention, and of elections held by its authority....

$2,028 48

6,000 00

For civil and contingent fund..
For salaries of officers of civil governm't 4,000 00

For expenses of the judiciary...
For contingent expenses of the courts..
For clerks in executive offices..........
For expenses of lunatics.....
For expenses of convicts...

$5,000 00 2,000 00 2,000 00

3,000 00

2,000 00

600 00 150 00 3,000 00 301 64

73 00 3,000 00

For salary of Adjutant-General...........
For janitor in executive office....
For expenses of criminal trials.....
For expenses of inaugural celebration..
For election expenses in Harrison co....
For commissioners of the revenue......
In addition to the above, an act passed
July 28, 1863, appropriated :-
For the expenses of the Legislature..... 10,000 00
And one of July 2, 1863, appropriated:
For arms, equipments, munitions, &c.... 50,000 00
$92,153 12

SOIL, MINERAL, CLIMATE, &C.-On these subjects Governor Boreman, in his inaugural address, touched, briefly, in these words:"Here are all the elements necessary to make a great and prosperous State. The salubrity of the climate is unsurpassed; the fertility of the soil is equal to that of almost any State in the Union. Iron, coal, salt, petroleum, and other minerals, are found in abundance; the unimproved portions abound in timber of the finest quality; and there is water-power

sufficient to turn machinery to manufacture for the nation."

EDUCATION. No recent reports have been made showing the condition of the educational institutions embraced in the counties which form the new State. Virginia had no system of public schools such as prevails in the free States. She provided means for the tuition of the children of the indigent only; and many of these, rather than undergo the humiliation which attaches to such an invidious distinction, stayed away, and received no school-education at all. A remedy for so great an evil is provided in the Constitution of the new State. The Legislature is required to establish a thorough and efficient system of free schools; a considerable portion of the income of the State is set apart for a school fund; general taxation for their support on persons and property is authorized; township taxation is required; and a general superintendent, with county superintendents, are to be elected by the people. The Legislature is also commanded to foster and encourage moral, intellectual, scientific, and agricultural improvement; to make suitable provision for the blind, mute, and insane, and for the organization of such institutions of learning as the best interests of general education in the State may demand.

LEGISLATION.

At the session of the Legislature which commenced June 20 and adjourned Aug. 5, 1863, the following acts were passed:

Chap. 1.-An act in relation to the powers and duties of the recorder. 26 June, 1863.

Chap. 2.-An act concerning oaths and affirmations. 26 June, 1863.

Chap. 3.-An act in relation to the taxes assessed within the several counties under the laws of the State of Virginia. 26 June, 1863.

Chap. 4.-An act to authorize the council of the city of Wheeling to raise money by way of loan for the defence of the city. 26 June, 1863.

Chap. 5.-An act relating to official bonds. 29 June, 1863.

Chap. 6.-An act making an appropriation of fifty thousand dollars for procuring arms, equipments, munitions of war, &c. $50,000 appropriated. 2 July, 1863.

Chap. 7.-An act for the defence of the State. The Governor is authorized to procure arms, &c., to issue them to loyal male citizens, and to organize bands of minute-men. 2 July, 1863.

Chap. 8.-An act to fix the terms of the several courts. 9 July, 1863.

Chap. 9.-An act concerning the Hempfield Railroad Company. 10 July, 1863.

Chap. 10.-An act to regulate criminal proceedings against negroes. 15 July, 1863.

Chap. 11.-An act to provide the manner in which money may be paid into the treasury of the State. 16 July, 1863.

Chap. 12.-An act to regulate the recovery of claims when the State is a party interested. 16 July, 1863.

Chap. 13.-An act to prevent the encouragement of invasions and insurrections. 16 July, 1863. Chap. 14.-An act to provide for the appointment and qualifications of deputy sheriffs, recorders, and clerks. 18 July, 1863.

Chap. 15.- act to provide seals for the several courts hd recorders. 17 July, 1863.

Chap. 16.-An act to authorize the payment of outstanding claims for the tuition of indigent children. 20 July, 1863.

Chap. 17.-An act defining the jurisdiction and powers of the Supreme Court of Appeals and judges thereof. 20 July, 1863.

Chap. 18.-An act for the relief of Milton Wells. 21 July, 1863.

Chap. 19.-An act regulating proceedings in criminal cases. 22 July, 1863.

Chap. 20.-An act allowing further time to officers now elected in which to qualify and give bond. 22 July, 1863.

Chap. 21.-An act for the appointment of a quartermaster-general, and prescribing in part his duties. 23 July, 1863.

Chap. 22.-An act to amend the act staying the collection of debts. 27 July, 1863.

Chap. 23.-An act relating to exemptions from military duty. 28 July, 1863.

Chap. 24.-An act to provide for the trial of offences committed in counties in which the administration of justice may be interrupted by war or insurrection. 28 July, 1863.

Chap. 25.-An act making appropriations for the expenses of the Legislature. $10,000 appropriated. 28 July, 1863.

Chap. 26.-An act providing for examining and certifying commissioners' books for 1863. 28 July, 1863.

Chap. 27-An act to provide for the division into townships of the several counties of the State. 31 July, 1863.

Chap. 28.-An act concerning the bond of surveyors of lands. 31 July, 1863.

Chap. 29.-An act in relation to orders of pub. lication. 1 August, 1863.

Chap. 30.-An act to authorize the heirs of David Albright to establish a ferry across Cheat River. 3 Aug. 1803.

Chap. 31-An act relating to the public printing. 4 Aug. 1863.

Chap. 32.-An act conferring on the governor, auditor, treasurer, and secretary of state the powers and duties of the board of public works. Aug. 1863.

Chap. 33.-An act making appropriations. 5 Aug. 1863.

Chap. 34.-An act to authorize suits in Ritchie county, in cases heretofore cognizable in the courts of Calhoun county. 5 Aug. 1863.

Chap. 35.-An act admitting the county of Berkeley into, and making it part of, this State. 5 Aug. 1863.

POPULATION OF WEST VIRGINIA. Cesisers d 1560

EXHIBITING THE TOTALS OF WHITES, FREE COLORED, AND SLAVES, BY SEXES.

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Total...... 188,195 180,428 368,623 1,948 2,033 3,981 372,604 10,292 10,338 20,630 393,234

CONDITION OF THE BANKS OF WEST VIRGINIA, SEPTEMBER 30, 1863; embracing Returns from the Merchants' & Mechanics' Bank and Northwest Branch Bank, Wheeling, the Exchange Bank of Virginia, at Weston, and the Fairmount Bank.

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The disk of the great seal is two and a half inches in diameter. The obverse bears the legend, "State of West Virginia" (the constitutional designation of the State), which, with the motto, "Montani semper liberi" (in English, "Mountaineers always free"), is inserted in the circumference. In the centre is a rock, with ivy, emblematic of stability and continuance; and on the face of the rock the inscription, "June 20, 1863" (the date of foundation), as if “graved with a pen of iron in the rock forever." On the right of the rock, a farmer clothed in the traditional hunting-shirt peculiar to this region; his right arm resting on the plough-handles, and his left supporting a woodman's axe,-indicating that while the territory is partially cultivated it is still in process of being cleared of the original

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$2,406,633

303,873

670,275

411,669

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forest. At his right, a sheaf of wheat and a cornstalk. On the left of the rock, a miner, indicated by a pickaxe on his shoulder, with barrels and lumps of mineral at his feet; on his left an anvil, partly seen, on which rests a sledge-hammer, typical of mechanic arts,-the whole indicating the principal pursuits and resources of the State. In front of the rock and figures, as if just laid down by the latter and ready to be resumed at a moment's notice, two hunters' rifles, crossed and surmounted at the place of contact by the Phrygian cap, or cap of liberty,-indicating that the freedom and independence of the State were won and will be maintained by arms.

The above is also the legend, motto, and device of the less seal, the disk of which has a diameter of an inch and a half.

WEST VIRGINIA VOLUNTEERS.

TABULAR STATEMENT of Troops furnished by West Virginia to the Armies of the United States, to Nov. 1863.

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17,996

Total of above table....
Recruits of all arms mustered in............... 1,475

The new State of West Virginia, from which these troops were furnished, has 50 counties, out of which enrolment for draft can only be made in Whole number furnished by the State 19,371 27, the border counties being overrun by guerrillas. [Acknowledgments.-For a great part of the materials from which the article on West Virginia is compiled, the editor is under especial obligation to S. K. Hornbrook, Esq., of Wheeling; also to the State authorities; and particularly to Adjutant-General Peirpoint.]

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