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Included in the census are four Chinese and 229 Indians. The total taxation includes $371,893 not distributed among counties. The true value of property was $409,588,133. The public debt, county, city, town, etc., amounted to $7,530,416. The aggregate value of farmproducts, including betterments and additions

to stock, was $51,074,801; 877,110 pounds of wool were raised; 123,538 whites, and 322,236 colored persons, ten years old and over, cannot write, of whom 211,278 are males, and 234,496 are females. Of those twenty-one years old and over, who cannot write, 27,646 are white males.

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WEBSTER, HORACE, M. D., LL. D., an eminent scholar and teacher, long President of the College of the City of New York, born in Vermont, in 1795; died at Geneva, N. Y., July 12, 1871. He was, at the time of his death, one of the oldest graduates of the United States Military Academy, having been graduated in 1818, and promoted to be second-lieutenant of infantry. He served as Assistant Professor of Mathematics at the Academy from 1818 to 1825, after which he resigned and took the position of Professor of Mathematics and Natural Philosophy at Geneva College, which he held until 1848. He became principal of the New York Free Academy at the time of its formation in July, 1848, and was retained in his place, with the title of President, when its name was changed to the Free College. For a long time he acted as Professor of Moral, Intellectual, and Political Philosophy at the academy, or college, as it is now termed. He retired from the presidency of the college in 1869. Among the degrees which he had conferred on him was that of A. M. by Nassau Hall at Princeton; LL. D. by Columbia College, in 1849, and by Kenyon College of Ohio in 1842; and M. D. by the University of Pennsylvania,

in 1850.

WEISBACH, JULIUS LUDWIG, an eminent German mathematician, engineer, and scientific writer, born at Mittelschmiedeberg, near Annaberg in Saxony, August 10, 1810; died at Freiberg, February 24, 1871. His father was a conductor of mines, and educated his son to follow his own profession. He entered the Mining Academy at Freiberg in 1822, and, upon the completion of his course there, studied at the Universities of Göttingen and Vienna. Upon the death of Prof. Hect, of the Freiberg Academy, in the spring of 1833, Weisbach completed the courses upon "applied mathematics" and "the construction of mining machinery;" and in the same year he became personally attached to that institution, lecturing regularly on those subjects. In 1835 he undertook, in addition, the course on "miningsurveying" (Markscheidekunst), and by his genius made it what it now is, one of the most important studies of the academy, and almost an exact science. In 1842, Prof. Naumann having been called to the University of Leipsic, he undertook the course on crystallography. In 1851 he began to lecture on descriptive geometry, a subject which had not

previously been treated separately at the academy. About 1858 he undertook a course upon the construction of machines, dividing it into two parts, one theoretical and the other practical. At the same time he changed the course on crystallography into a course on mathematical crystallography, and introduced another course, viz., "theoretical optics." relinquishing descriptive geometry to Prof. Junge. Upon the death of the latter, in 1868, he assumed the entire charge, with the aid of his son-in-law, of the whole subject of mining surveying, the theoretical part of which had always remained in his hands. But, though the most successful of teachers, Weisbach was much more than a mere teacher of engineering or its related sciences. In hydraulic engi neering, as an experimenter and original inves tigator, and as the highest authority on all questions connected with hydraulic science, he had no rival, and it will be long before the loss to the scientific world occasioned by his death can be made good. The experiments which he made to determine the coefficients for the efflux of water under different circumstances, for the efflux of air, for the flow of water through pipes, etc., and also with a view of studying the force of water due to pressure, impact, etc., are numbered by thousands. It was he who first introduced into calculations in hydraulics what is known as the "coefficient of resistance," by means of which such computations are often very much simplified. He was also a standard authority on all questions of practical geology. To him was confided the task of making the triangu lation of Saxony for the purpose of measuring, in connection with the other German States, the length of a degree in Central Europe. He also made the surveys and triangulation for the Rothschönberger Stollen, which is to be the longest tunnel or adit in the world. He had made many valuable contributions to science. There is, we believe, no complete list of his scientific works and papers, but the following are the most important: "Researches upon Mechanics and Hydraulics," in four vols. (1842-43); "Manual for the Mechanical Mining Engineer," two vols. (1835-236); “Elements of Mathematics" (1835); "Tables of Multiples of Sines and Cosines" (1842); "Treatise on Practical Mechanics," 3 vols. (1845-'54), translated and republished here "The Engineer: a Collection of Tables and

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Arithmetical, Geometrical, and Mechanical Formule" (1848); "Manual for the Geometrical Mining Engineer" (1850); "Experiments upon the Force exercised by the Pressure, Shock, and Reaction of Water," etc. (1851); "Treatise on Experimental Hydraulics" (1855). He had also prepared, but had not published, a textbook on mining-surveying. His amiable and genial manners, and his great kindness of heart, made him beloved by the thousands of pupils whom he had taught during his thirty-eight years' professorship.

WEST VIRGINIA. The extent of surface and the boundary-line of this State in reference to Virginia, from whose territory it was severed in 1861, were definitely settled in 1871. A suit had been long pending between the two States, occasioned by Virginia's claiming jurisdiction over the counties of Berkeley and Jefferson as still continuing under her government after the separation; which West Virginia denied, and maintained that, according to the act of separation, those two counties belonged to herself. The Supreme Court of the United States, in the early part of March, decided the question, adjudging Berkeley and Jefferson Counties to West Virginia.

The area and population of West Virginia at the time of its separation, as compared with the area and population which remained to Virginia after the separation, are very differently stated by the representatives of the two States. The First Auditor of Virginia, in his report, dated September 30, 1866, sets down those items as follows:

The whole number of acres of land in the State
prior to its dismemberment was
In the fifty counties claimed by West Virginia,
nearly one-half the territory of the State...
Total white population of the State in 1860....
In West Virginia, rather more than one-third.

50,536,039 23.190,815 1,047,547 855,649

In opposition to this statement, the three commissioners appointed last summer by the Governor of West Virginia "to treat with the authorities of Virginia on the subject of the proposed adjustment of the public debt of that State prior to January 1, 1861," in their report in January, 1872, state that "the present State of Virginia contains 41,352 square miles, and West Virginia 20,000," or less than onethird of the whole; and, that "the counties composing what i snow Virginia contained, by the census of 1860, a population of 1,219,304; and those composing West Virginia a population of 374,987," or 23,585 less than one-fourth of the whole.

The Legislature of West Virginia closed its session of 1871 on the 2d of March. Among the matters of public interest acted upon at this session were several of a political char

acter.

Concerning citizenship and the elective franchise to be exercised by the people in the State, the first section of the third article of the constitution provided as follows:

1. The white male citizens of the State shall be entitled to vote at all elections held within the election VOL. XI.-49 A

districts in which they respectively reside, but no person who is a minor, or of unsound mind, or a pauper, or who is under conviction of treason, felony, or bribery in an election, or who has not been a resident of the State for one year, and of the county in which he offers to vote for thirty days, shall be permitted to vote while such disability continues. No person who since the first day of June, 1861, has the rebellion against the United States, shall be a given, or shall give, voluntary aid or assistance to citizen of this State, or be allowed to vote at any election therein, unless he has volunteered in the military or naval service of the United States, and has been, or shall be, honorably discharged therefrom.

With a view to rehabilitate the persons thus deprived of their rights, an amendment to the constitution, commonly styled the "Flick Amendment," was subsequently introduced into the Legislature, purporting to strike the word "white," and the whole disfranchising clause, out of that section. After long debates, the amendment was adopted, but not submitted to the people for their ratification or rejection, chiefly because its timely publication in the papers, as required by the constitution in such cases, had been omitted. The same subject was brought again before the Legislature at the present session, in a bill entitled "An act to provide for submitting to the people of West Virginia the proposed amendment to the constitution of the State," fixing the 27th of April, 1871, as the day of a general election. After a renewed and thorough discussion, the bill passed both Houses. At the election, the people, by a very large majority, ratified the amendment. This is now a part of the organic law of the State; and it is averred that about fifteen thousand persons in West Virginia have thereby recovered the right to vote. Governor Jacob announced the ratification of the amendment, as a part of the organic law of the State, by the following proclamation:

Whereas, The Governor, the Secretary of State, Auditor, and Treasurer, in pursuance of section 6th of the act passed February 14, 1871, entitled "An act to provide for submitting to the people of West Virginia the proposed amendment to the constitution of the State," did on the 1st day of June, 1871, open the envelopes or covers containing the returns from the several counties of the election held on the 27th day of April, 1871, and count the votes therein certified;

And whereas, it appears from a certificate signed by the officers aforesaid, filed in the office of the Secretary of the State and duly recorded, that at the said election 23,546 votos were cast for ratification, and 6,323 votes were cast for rejection;

And as it thus appears, from said returns, that a majority of the votes cast at said election were for the ratification of the proposed amendment: thereforeI, John J. Jacob, Governor of the State of West Virginia, by virtue of the authority vested in me by law, do issue this my proclamation, and hereby de

clare the said amendment, to wit:

The male citizens of the State shall be entitled to vote at all elections held within the election districts in which they respectively reside; but no person who is a minor, or of unsound mind, or a pauper, or who is under conviction of treason, felony, or bribery in an election, or who has not been a resident of the State for one year, and of the county in which he offers to vote for 30 days next preceding

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JOHN M. PHELPS, Secretary of State.

A general election law was also passed at this session, abolishing the test-oaths, and otherwise materially altering the election and registration law heretofore in force, the provision of which, and the manner of their enforcement at the hands of the respective officers, had long been the subject of loud complaints among the people. The main features of the new law are briefly indicated as follows: "No change is made in relation to the officers by whom the elections are to be conducted, with the exception that they are not to be required to take the test-oath as heretofore, but only an oath to support the Constitution of the United States and the constitution of this State, and to faithfully perform the duties required of them by law. The inspectors of elections are to be chosen by the people as under the former law, and the Governor has no power to appoint any of these officers."

All of the old law that related to the registration of voters is completely stricken out, and every vestige of the system is repealed. The supervisor and inspectors of elections in the several townships are to receive the votes of all who are constitutionally qualified: "Provided, That if the right of any person offering to vote shall be challenged by any such officer or any other person, and it shall appear that such person is not a minor, or it shall not appear that he is a pauper or of unsound mind, and it shall appear that he has been a resident of the State for one year, and of the county in which he offers to vote for thirty days next preceding such offer, and is a resident of the township or ward in which he offers to vote, the right of such person to vote shall not be further questioned, unless and until a written charge of some specific act of constitutional disqualification, verified by the written affidavit of a qualified voter, shall be preferred against the person offering to vote. And the right of such person to vote shall not be denied unless the charge so preferred shall be proved by evidence of record, or clearly established by the oaths of at least two competent and credible witnesses; and he shall not be required in any form to criminate him

self."

A most important act of this session was the passage of the "Convention Bill," proposing "to take the sense of the people of the State on the question of calling a convention to alter the constitution of the State." This instrument had ever been regarded by the

largest number as contrary to the vital inuals. Its machinery, in respect to State, county, terests of the people as a body and as individand township officers, was regarded as exceedingly complicated, expensive, and dangerous withal, by reason that the immoderate power vested in the Legislature, the judges, and the other officers of the State, held out to them frequent temptations for arbitrary measures. They insisted on the necessity of a simpler and cheaper form of government, with more limited and well-defined powers. The judicial system, with all that relates to courts and the practical administration of justice, was especially pointed to as defective. The act ordered an election to be held on the fourth Thursday of August, 1871, when the people should vote "for" or against" a convention, and a subsequent one for choosing delegates to the convention if voted for by a majority; it regulated the duties of the several officers of election, as well as the manner in which it shall be conducted, and its result announced. The most noteworthy provision of the act is that relating to the admission of voters, enjoining that no person who offers to vote shall be excluded from the polls on presumptive disqualification, but only on legal proof made by the accuser, of a written charge that he is guilty of some disqualifying act.

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On the 24th of August, the convention was carried by a small majority, 30,220 votes having been cast "for," and 27,628 "against" it. By a proclamation, dated September 16th Governor Jacob announced this result, and "declared that a majority of the votes cast were in favor of a convention."

By the same proclamation, he required the supervisors and inspectors of election in the State to cause polls to be opened on the fourth Thursday of October, 1871, for the choice of delegates to the convention. The number of delegates to the convention was 78; and the Governor announced their names by proclamation dated the 6th of December, and stated that the convention would assemble at the seat of government on the third Tuesday of January, 1872.

At the same election the people made choice of members of the State Legislature for 1873. The convention was composed of sixty-six Democrats and twelve Republicans. In the new Legislature the Senate consists of eighteen Democrats and four Republicans; the House of Delegates of forty-five Democrats and eleven Republicans.

Besides the above-mentioned enactments, the Legislature of 1871 passed a large number of laws and joint resolutions of general or local interest, some of which were as follows:

To legalize marriages heretofore celebrated between first cousins, and to exempt the parties thereto from the penalties incurred by reason of such marriages. To amend an act entitled "An act for the establishment of the West Virginia Institution for the Deaf, Dumb,

and Blind, passed March 3, 1870. Providing for the investment of the additional endowment for the West Virginia University. Relating to the education of colored children, providing for separate schools where twentyfive or more can be brought together. To amend and reenact the 3d and 4th sections of chapter 58 of the code of West Virginia, concerning the West Virginia Hospital for the Insane. Assessing five per cent. on all taxable property in the State for the construction of a Lunatic Asylum. To provide for a preliminary survey for certain railroads through the State of West Virginia. To encourage immigration, etc.

Seven new railroads, with about as many turnpike companies, were incorporated. The financial condition of the State is as follows:

Balance remaining in the Treasury, October 1, 1870...

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$213,420 07 573,588 19 $787,008 26

658,330 50

$128,677 76 $185,168 40 128,677 76

$56,490 64

This deficit is increased by some other items to $77,753.58, and its origin is traced back to the year 1867, for moneys borrowed from the school fund, and left more or less unpaid in the succeeding years to the present time.

The condition of the debt of West Virginia cannot be accurately known until her share in the public debt of Virginia, in 1861, is determined. At the time of her organization the following provision was inserted in the constitution: "An equitable proportion of the public debt of Virginia prior to January 1, 1861, shall be assumed by this State, and the Legislature shall ascertain the same as soon as may be practicable, and provide for the liquidation thereof by a sinking fund sufficient to pay the accruing interest, and redeem the principal within thirty-four years." No action tending to the apportionment of the debt was taken by either State till the 18th of February, 1870, when the State of Virginia appointed commissioners to treat with the authorities of West Virginia. The Legislature of this State, on their part, adopted a joint resolution on Larch 3d of the same year, authorizing the Governor to appoint three commissioners "to treat with the authorities of the State of Virginia on the subject of the public debt of that State ue, or incurred, prior to January 1, 1861, and fair division of the property belonging to the tate on that day." The commissioners were ppointed, but did not act, for reasons commuicated by Governor Stevenson to the Legisature of 1871. Thereupon this body again

authorized the appointment of commissioners, who were charged this time "to treat with the authorities of the State of Virginia, and also to procure the statistical information necessary to ascertain what is the equitable proportion to be assumed by West Virginia on the debt of Virginia prior to 1861." The Legislature of Virginia, on the other hand, adopted a joint resolution on the 11th of February, 1871, tendering to West Virginia the proposition of apportioning the debt between the two States by arbitration, the arbitrators not to be citizens of either State, nor subject to the ratification of the Legislatures of the said States. The West Virginia Legislature declined to accept the tender of arbitration, on the ground, among others, that any adjustment of the debt ought to be subject to its ratification; inviting, at the same time, the Commonwealth of Virginia to appoint three commissioners, on her part, for the purpose of treating with like commissioners heretofore authorized on the part of West Virginia.

These last commissioners were charged by the Legislature with the duty of ascertaining the amount of the debt of Virginia due, or incurred, prior to January 1, 1861, and were also empowered "to adjust, award, and determine upon fair, just, and equitable principles what proportion of the said public debt of Virginia should, in their opinion, be paid by West Virginia, and what part thereof should be paid by Virginia-subject, however, to ratification of the legislative departments of the two States."

Governor Jacob appointed the three commissioners, and, after their acceptance, communicated the fact to the Governor of Virginia, who answered, informing Mr. Jacob that he did not feel authorized to appoint commissioners on the part of Virginia to meet and confer with those of West Virginia, by reason that the resolution of the Virginia Legislature proposing an arbitration for the adjustment of the debt was intended to supersede the previous proposition of adjusting it by a conference of commissioners appointed by the two States respectively.

Nevertheless, the West Virginia commissioners proceeded, in the early part of November, 1871, to Richmond, where they searched the records relating to the subject of their mission. After protracted meetings held among themselves, they prepared a detailed report, which they presented to the Governor. They state that "the funded debt of Virginia on January 1, 1861, was $31,779,067.32, after all deductions."

With regard to the proportional division of the debt between the two States and the principle on which their proportional quotas are to be determined, the commissioners take notice that, in a paper written by a member of the Virginia bench on this subject and published shortly before, the writer concludes that, "if a State be divided into two States, the debts

contracted by the whole before the division, are ratably binding upon the different parts in proportion to territory and population; " and they deny the justice of this principle in the present case, averring that "the benefits conferred, and not the territory and population, should be the principal, if not the only basis, of an adjustment of the debt." To show the justice of this principle in the case in hand, they point to the fact that "all of the abovementioned sum of $31,779,067.32 was expended within the present State of Virginia, with the exception of $2,788,329.29;" and that "the amount expended for all purposes

in West Virginia was $3,343,929.29." From these data the commissioners conclude by charging West Virginia with the amount expended within her territory, and crediting her with $2,390,569.06, the aggregate sum of her proportionable share in the estimated value of public buildings and other assets, United States surplus fund, the literary fund, and the amount collected from her after January 1, 1861; so that the balance of the proportion of the public debt of Virginia which West Virginia ought to assume in favor of the former State is determined by the commissioners to be $953,360.23.

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