Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1872-03-19
CONSTITUTIONAL CONVENTION

with entire respect to the body, that more time
had been consumed upon the question under
consideration, than its ealimportance merited
1t had been called great question: ques-
ton involving the integrity and even the ex>
istentence of West. Virginia He did not
look upon it in that light He could not re-
alize its vast Importance, nor appreciate its
influence upon the future destinies of this
State.
1t was conceded by every gentleman in de-
bate, that the State of West Virginia is liable
upon some basis, and to some extent, for a
portion of that debt, which at the period of
our voluntary separation from Virginia, was
binding upon all who formed part of that
community. .
1t had been equally conceded by every gen.
tleman who had taken part in this debate, that
no admission of such liability embraced, in
the Constitution now being made, or omitted
to be SO embraced, can add to, or impair the
force of our existing obligations.
Where then, is the Importance of the aues>
ton which for three days has consumed the
time of the Convention 1t seemed to him
that the propositions involved, presented ques,
tions of taste and sentiment rather than of
public duty.
Mr.. Faulkner said he had not risen to dis
cuss the question which had entered so largely
in this debate, but simply to present an amend
ment which exhibited his own views of the
question under consideration more satisfac-
torily than the report of the committee, or
the amendment of the gentleman from Ohio.
In his opinion, the Convention had nothing
existing liabilities of West Virginia. That
subject is purely legislative, and falls exclu-
sively under the authority and control of that
department of the government. It had, in
no form been referred to this body by the peo-
Pile. Our function was to frame a proper con-
stitution of government for the State. If in
framing that Constitution, it would fall perth
nently within the scope of our powers to
notice the existing claim of Virginia, to our
assumption of a portion of her debt, we ought
so to notice it, but beyond that, it seemed to
him, we we're intermcddling with subject
over which we have proper authority.
Is there then, anything in our proposed
plan of government which renders it proper
that we should notice this Virginia debt?
We propose to insert in our Constitution
section which forbids the Legislature to as
sumo or contract any public debt. This pros
vision meets unusual acceptance. It will, no
doubt, have the support of every member on
the floor. Now, if we shall incorporate such
limitation upon legislative power in our Con-
stItution, without at the same time vesting in
that body, full authority to make provision
for the liquidation of that Virginia liability,
should the contingency ever arise when we
snail be required to pay portion of it, we
shall undoubtedly, subject ourselves to these
imputations of bad faith which have been
thrown out in this debate. But, if we shall.
by clear and distinct provisions confer upon
the Legislature the needful authority to dis
charge our portion of that debt, should any
such liability hereafter devolve upon US, he
could not see why such provision would not
fulfill every duty, which good faith and the
lottiest integrity would demand of u.s. In the
opinion OF many, that object is already suf-
hclently attained by the report of the COM
mittce, whilst others, and especially the gem
tieman from Hampshire, (NIr Armstrong;
has argued with great force and ability. that
the language of the report is equivocal and
uncertain, and does not meet the full requires
ments of our duty. He, Mr. f, thought the
language OF the committee did confer the
necessary authority upon the Legislature, but
to remove all doubts upon the subject, and to
meet the question fairly and squarely he had
submitted his amendment. He believed that
his amendment would accomplish all that the
most earnest advocate of the good faith of our
State could desire, whilst it would avoid some
objections which had been urged with great
force to the re>adoption of the section of the
present Constitution. He could conceive of
many reasons which justified the original in>
serton OF that section in the Constitution of
1867 which did not apply to the Constitution
OF 1877. 1t had performed its function. aud
was among the facts of past history. What
ever tribunal may be called upon, if any, ever
shall be, to adjudicate the liability of the
State, it will do SO upon the ordinance of
1861, and the Constitution of 1862, and not
upon anything contained in the Constitution
now being made.
Virginia has assumed our proportion of her
public debt to be one third. This conclusion
she has reached, not upon anything contained
IN the ordinance of 1861, or in the Constitu.
ton of 1862, but upon assumed principles of
public or International law, and in direct con-
travention OF her own solemn act. He had
no disposition to speak of Virginia except in
terms OF profound respect, and yet, no one can
look at her action for the past twelve mouths,
aud not feel that she has adopted a course
highly injurious to the credit of West Vir-
gInia, and utterly wanting in that courtesy
which is due from one to another State Of this
Union At the very moment that proceed
lngs were pending between the two States for
the adjustment OF the principles upon which
their respective portions of that liability should
rest, and when disposition had been mani
tested by West Virginia to meet with fairness
and good faith the responsibilities of her DO
s'tlon, the State Of Virginia took the subject
under her entire control, assumed to be the
sole judge, and to determine what her proper
ton, and what our proportion of that debt
should be, and to compel her bond>holdcrs.
under the penalty of reputation of their
debts, to accept the distribution which she
had chosen arbitrarily to make of the respec>
tive Liabilities of the two States. Under this
arrangement she issued new bonds for two
thirds of her debt, and gave a deferred GER
tlhcate representing the third for which she
chose to regard West Virginia as liable, and
Tor the payment OF which deferred certificate,
she dsclaims all responsibility until a settle
L Sh.,l