The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1871-11-25
THE PUBLIC DEBT.
West virRinia's. Liability for One
third.

west t1rRin1aA Liaoiiiy ior o"e
third.
Judge JOHN A. MEREDITH, Of Vir-
ginia, writes to the Richmond Wing a
very able article in relation to the State
Debt and the Funding Bill, from which
we extract the following which relates
mainly to the public debt and is there
fore of interest to West Virginia read
ers. The Judge says:
An impression seems to prevail that
because the State has been shorn OF her
territory and stripped OF much Of her
material wealth, that she is therefore
discharged from her obligations and
engagements; but this is grave error,
as shall attempt to prove.
The principle upon which the liber-
ality OF a State to discharge its obliga-
tions rests, is that State may undergo
most important and extensive changes
without losing it's personality; it may
change the form Of its civil constitution
or government from a republic to
limited monarchy, from an aris!ocracy
to a despotism, or to any imaginable
shape; but it does not thereby lose its
personality, and it does not thereby
iorleit it's rights, or become discharged
from its obligations. This principle is
recognized by the most eminent states
men and jurists on international law in
various countries, from Grotins TO Vat
tell, and they all concur in the opinion
that no matter what change may take
place in the form OF the civil govern
ment OF a State, no matter what the
character Of the revolution through
which it may pass, it's obligation to
meet its debts and engagements survives
all changes and ali revolutions. This
opinion is 80 universally recognized,
that it has become, in the language OF
eminent writers, "a principle in viridi
obserrantia in international practice.
1t may not be inappropriate, in view OF
the magnitude Of the question we are
discussing. TO quote from some OF these
authors. the fiippaDcv with which we
speak ol reputation, and the hesitancy
to impose the necessary tax to escape
it, render it proper TO recur to these
fundamental principle, and to fortify
them bv authority.
In Wheaton, Elements OF Int Law,
the principle is thus stated with great
clearncI-, that, AS 90 public debts,
whether due TO or from the revolution
lied State, mere change in the form Of
government or in the person of the
ruler does not affect their obligation the
essential form OF the State-that which
constitutes it an Independent communi.
the same; its accidental
form only is changed. The debts being
contracted in the name OF the State, by
its authorized agents, for its public use,
the nation continues liable for them,
notwithstanding the change in its inter
nal condition"
Chancellor Kent, in his commentaries,
says: ut is well understood, when
alterations in the constitution OF govern
ments and revolutions in States are ia.
miliar; that it is clear position OF the
law of nations that treaties are not az
fected-nor positive obligations Of any
kind with other or pih creditors weak
ened-by any such mutations A State
neither loses any Of its rights, nor is dis
charged from any OF its duties, by
change in the form Of its civil govern
ment. The body polite is still the same,
though it may have different form OF
communication.
Phillimore on Int Law, after citing
all the authorities on this point, con.
cludes thus: I'VE have, then, this
opinion OF the continuity OF the right
and obligations OF State confirmed by
the unanimous authority OF the most
celebrated jurists and statesmen OF all
countries. This accumulation OF au-
thorities must not be regarded as an
idle parade Of evidence, because, a. has
been already observed, a proposition
which ia maintained by the concurrent
voice OF eminent jurists Of various civil
lized countries becomes ipso faetO, as it
were. q part Of international law. We
arrive, then, with confidence at the con-
clusiou that this reciprocal observance
Of good faith. whether it be plighted to
the payment Of det1 or to the fulilment
Of the stipulations Of treaties, is binding
upon all nations"
These authorities settle the principle
beyond cavil that the State is bound TO
meet its debts and obligations, no mat
ter what change may take place in her
internal constitution. And il can not
be denied, after careful perusal Of
these authorities, that the State Of Vir-
ginia, if she bad remained intact and her
territory entire, notwithstanding the rev.
olutionary strnggle through which she
passed, vsuld be bound for the debts