The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1871-01-14
Debate I'm the Virginia Senate on the
Arbitration Question.

The Joint resolution from the CON-
mittee of Courts OF Justice, rendering
10 West Virginia an arbitration for the
apportionment of the public debt, was
considered by the Senate yesterday, and
q discussion sprang up over several
amendments offered by Mr.. Waddell,
of Augusta, in which quite number Of
Senators indicated their leanings in re-
gard to the public debt question. 1t
seems to have been the understanding
that the question of arbitration was 10
be separated from the question as to
whether the State should assume the
whole responsibility to creditors for the
debt, and that a bill should be framed
on the subject OF arbitration which
should be free from all entanglements
and complications. 1t was thought by
some OF the speakers that this had not
been done. For instance, in the latter
part of the second paragraph of the
joint resolution, this language occurs ::
"Said arbitrators and umpire shall, as
soon as practicable, proceed to adjust,
award and decide, upon fair. just and
equitable principles, what proportion OF
said pnblic debt should be paid to the
creditors By West Virginia, and what part
thereof should be paid 10 SAID creditors
by this State"
Mr.. Waddell, who offered several
verbal amendments, which were adopt
ed, also moved to strike out the words
ito the creditors" in one line, and the
words TO said creditors" in the other
and following line. He argued that
these words contained the assumption
that West Virginia's responsibility was
not to Virginia, but to certain other
creditors, and that what she paid was
to be paid to them. He quoted the
Constitution of Virginia on the subject
of the debt, as follows: THE General
Assembly shall provide BY law for ad-
justing with the State Of West Vir-
ginia the proportion of public debt Of
Virginia proper to be borne by the
States of Virginia and West Virginia,
and shall provide that such sum as
shall be received from West Virginia
shall be applied to the payment Of the
public debt OF the Statep Received by
whom? Virginia. Applied by whom ?
By Virginia. Then of course it would
be travelling outside of the Constitution
to insert in the resolution rendering ar
bitration that West VirgiDia's portion
should be paid to Creditors" other
than Virginia. The point is good
one, and strong one, and an incontro-
vertible one.
4 The same Senator also argued that
the purpose Of the submission to arbitra-
ton was to conclue the controversy, to
adjust and settle the responsibility Of
each State, and that. therefore, as in the
case of individuals, the award of arbi-
traitors should be final. Both parties
should so bind themselves. and then
most probably the affair would be ad-
iusted in twelve months. Otherwise it
may be wrangled over for ten years.
Mr.. Pendleton Of Boteteurt, Mr..
Herndon Of Spotsylvania, Mr.. French
of Bland, and Mr.. Moss (colored) Of
Buckingham, expressed their views at
some length, all combating the views
of Mr.. Waddell Other Senators parti-
cipated in the di cussion, among them
Mr.. Courtney of Richmond city, Mr..
Anderson of Rockbridge, Mr.. Fitz-
patrick Of Nelson, Mr. Taylor OF
Loudoun.
The three principal speeches were
made by Mr.. Pendleton, Mr.. Herndon
and Mr.. French.
Mr.. Pendleton said the committee
had considered the rights of both
States, TIE constitutional provisions Of
each, and the proper phraseology to be
used in the resolution, and had framed
it carefully. In regard to a resort to
the Supreme Court to compel West Vir-
ginia to pay her share of the debt, he
asked what form OF action would be
employed? Where was the covenant
bond or agreement oil West Virginia,
expressed or implied2 The very ele-
ment Of suit at law was wanting. Nor
was there anything more to support a
proceeding in equity. The debt was
due to common creditors, and not to
one another. Virginia could not pro-
coed as Guardian, Trustee or Receiver.
(She undertakes to receive West Vir-
ginia' portion Of the debt in her Con-
stitution-not recognizing any creditor
of West Virginia but herself) The
question is not what one State owes to
the other, but what both owe to the
common creditor. The Legislature
cannot make the award final-cannot
bind a succeeding Legislature. The
award cannot execute itself. lfagainst
West Virginia, she will have to execute
it by LAYING taxes, DC, to raise the
money to meet the debt. (Well-ii
she binds herself to do 30, and does so
in good faith, the object will be gained.
She would hardly dare refuse after
pledging herself) The Legislature has
no power to delegate its authority to
any other body. Has not confidence
enough in human nature to trust any
two men with the adjusting such debt
as fifty millions Of dollars and making
their award final.
Mr.. Henderson thought the proper
way was for the arbitrators, the author
titles of the two States and the creditors
to assemble, to investigate the whole
subject and adjust the debt, and that
then the creditors would, as business
men, agree to take the seperate bonds
OF each State for its portion OF the debt.
If all the debt shall fall upon Virginia,
then she should take the burden, but
she should not assume it all until it is
decided that she owes it all.
Mr.. French, of Bland, had examined
the authorities and was prepared to
take the position that when q State