764 



WEST VIRGINIA. 



This act had been decided to be constitutional 

 by the Court of Appeals of West Virginia, but 

 the action of Judge Hindman was based on the 

 decision of the Supreme Court of the United 

 States, declaring similar test-oaths to be in vio- 

 lation of the Federal Constitution. Judge 

 Hindman was unwell when notified that ar- 

 ticles of impeachment had been found against 

 him, and asked that the trial might be post- 

 poned until the summer session. This request 

 was not granted, but the trial proceeded in the 

 absence of the accused, and he was removed 

 from office without any defence having been 

 made in his behalf. 



An extra session of the Legislature was called 

 by proclamation of the Governor, to meet on 

 the 2d of June, for the purpose of codifying 

 the laws of the State. One of the first subjects 

 considered at this session is set forth in the fol- 

 lowing resolution : 



Present appearances indicate that numerous peti- 

 tions will be presented at the present sitting of the 

 Legislature by persons required to take what is com- 

 monly known as the attorney's test-oath. 



And, now, Whereas, those characters have general- 

 ly been the direct cause of their calamity and al- 

 though we sincerely appreciate the Christian prin- 

 ciple of forgiveness, we as strenuously adhere to the 

 requirements of justice. 



Therefore, Be it resolved "by ike Legislature of West 

 Virginia, That we will not receive or favorably con- 

 sider the petition of any person, who is disqualified 

 by reason of participating in rebellion against the 

 United States, to practise his profession, except such 

 petition be accompanied bv a written renunciation of 

 former wrongs and an acknowledgment of errors 

 discarding and abandoning the false dogma of exclu- 

 sive States rights sovereignty. 



On the llth of June the following was 

 adopted : 



Whereas, This is the anniversary of the reorganized 

 government of Virginia which absolved us from the 

 tyranny of the East, and gave us a liberal republican 

 form of government in the West, and was the nucleus 

 around which the loyal men of Virginia rallied, and 

 was the means of bringing this State into existence : 

 Therefore, 



Resolved ly the Legislature of West Virginia, That 

 we congratulate the people of this State upon the au- 

 spicious results which have followed the convention 

 of Virginia loyalists which assembled at Wheeling on 

 the llth day of June, 1861. and that this State owes a 

 debt of gratitude to the brave and patriotic Union 

 men who engaged in and worked out to a successful 

 termination the problems involved in the reorganiza- 

 tion of Virginia and the erection of the State of West 

 Virginia ; and that their names ought to be held in 

 grateful and everlasting remembrance. 



The following passed the Senate by a vote 

 of 16 to 2 : 



Resolved, That in the trial of Andrew Johnson, 

 President of the United States, before the Senate up- 

 on the articles of impeachment exhibited against him 

 by the House of Representatives, according to the 

 published evidence there adduced, the said Andrew 

 Johnson was ? in our opinion, proved guilty of high 

 crimes and misdemeanors as in said articles charged ; 

 that we believe his conviction thereof would nave 

 been a vindication of law and justice, and of great and 

 enduring advantage to the nation, and that it is to be 

 deplored that a Senator from West Virginia should 

 have felt constrained to vote said Andrew Johnson 

 innocent, thereby securing his acquittal. 



The work of codifying the laws continued 

 through the months of June and July, and at an 

 adjourned session in November and December. 



The receipts into the State Treasury, for the 

 fiscal year ending September 30th, amounted 

 to $764,799.73. The disbursements for the 

 same period were $761,882.25. When the State 

 of West Virginia was formed, it pledged itself 

 to the payment of its share of the old State 

 debt, which amounted to about $20,000,000, 

 but, the State of Virginia having commenced 

 legal proceedings to recover jurisdiction over 

 the counties of Berkeley and Jefferson, it was 

 determined by the joint resolution of the Le- 

 gislature to do nothing for the adjustment of 

 the matter until the pending suit should be de- 

 cided. A demurrer was entered in the case by 

 West Virginia, and the Judges of the Supreme 

 Court of the United States were equally di- 

 vided on the question of sustaining or overrul- 

 ing this demurrer, and, according to the estab- 

 lished rule of law in such cases, the party hold- 

 ing the affirmative must lose ; but here again 

 the Court was equally divided on the question 

 as to which party held the affirmative, and the 

 matter must stand undecided until the person- 

 nel of the bench is changed, or some one of the 

 judges takes a different view of the subject. 

 The claim of the State against the Federal 

 Government for war expenses amounts to $456,- 

 658.03, of which $175,000 has been paid, and 

 $153,365.28 offset by direct taxes due from the 

 State. The amount still due is $127,692.75, 

 which is retained until certain other claims 

 against the State shall be adjusted. 



The Lunatic Asylum, at Weston, has been 

 so far enlarged as to accommodate 200 patients, 

 but the "central building is still unfinished. 

 The penitentiary building is nearly complete. 



The amount expended in the support of free 

 schools in the State during the year is $523,- 

 057.07, of which $194,504.60 was derived from 

 the State fund. There were 1,769 schools in 

 operation, at which 1,810 teachers were em- 

 ployed. Since the present school system went 

 into operation, in 1864, 1,200 school-houses have 

 been built, which are valued at $633,817.92. 



Commissioners of the States of Virginia and 

 West Virginia, appointed for the purpose, ef- 

 fected a contract with the Virginia Central 

 Eailroad Company, bearing date August 81, 

 1868, which consolidates the Virginia Central 

 and Covington and Ohio into the Chesapeake 

 and Ohio Railroad Company, and provides for 

 the construction of a road from Covington to 

 the Ohio Eiver, to be commenced within six 

 months and completed within six years from 

 the date of the contract. 



Conventions of both political parties were 

 held in the early part of the year, to organize 

 for the coming campaign, and appoint delegates 

 to the national conventions, but the regular 

 State nominations were made at a later period. 

 The Republican nominating convention met at 

 Clarksburg, on the 28th of May, and adopted 

 resolutions indorsing the nominees of the Na- 



