The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1872-01-18

poses" had repealed the provision in
the Code authorizing the appointment
of a collector, inasmuch as all acts and
parts Of acts inconsistent Herewith
were repealed. Certainly there was
serious reason to doubt whether this
power Of appointment in the Auditor
existed after March 2, 1870, and as the
exercise of doubtful powers in a govern
ment like ours is to be greatly depre
Gated, it was thought best not to appoint
a collector in the case referred to, but
to lay the matter before the Legislature
The bond of sheriff in another county,
although accepted and approved by the
Judge Of the circuit court for his county
is believed to be defective in its execu'
ton. l therefore recommend, either
that YOU re.enact the old provision Of
the Code, under such limitations as you
NAV deem advisable, or that you give
the power to the Auditor to require the
sberiffs to give new bond when be
has good cause to believe that the ex'
listing one is, for any reason, insufficient
and II the sheriff fail to do 30 within q
reasonable time, then that the Auditor
shall have the authority to appoint a
collector. ~
MiIitary Claims.
The Legislature by an act passed
February Is, 1871, appropriated $l9,'
474.6S, and placed the same "at the dis
posal of the Governor for the payment
Of certain military claims, audited by
the Board OF Claims, under and by
virtue of an act passed March 3, 1869
as exhibited in the report ofsaid Board,
dated January "a, 1871" The ac'
making the appropriation contains the
proviso that only such claims as were
recognized by the United States gov
ernment should be paid out Of the
amount hereby appropriated" Before
anv disbursement could be made under
this appropriation, it became necessary
to ascertain whether these claims would
be recognized" by the government OF
the United States. With this view, in
June last, addressed a communication
to the Hon. A. l. Boreman, who il
known to. be familiar with this subject
and requested him to give me such In
formal on as was in his power, bearing
on the question. He replied at length
giving a clear statement Of the adjust
ment of West Virginia military claims,
and said: Il know of no law OF Con
gress, general or special, and feel conf
dent there is none, under which any
Department at Washington would fee
authorized to recognize" the claim:
referred to-" l subsequently requested
the Hon. H. G. Davis to submit these
claims to the Treasury Department.
The Third Auditor of the Treasury
promptly replied that the claims o.
West Virginia for expenses incurred on
account OF her State militia, called Out
and employed in aiding to suppress
the late rebellion, were settled by an act
of Congress, approved June 3, 1866, and
the Board OF Commissioners provided
for by said act, have made their report
and have been discharged. No new
claims can be allowed until provision
for payment of same shall have been
maize by Congress" Owing to the
fact that these military claims have not
been recognized by the government
OF the Uuitea States, none OF them have
been paid.
The separation Of West Virginia
from Virginia has raised grave anc
delicate questions touching the adjust
ment and payment Of the public deb
of Virginia existing prior to the sepa
ration. Upon the organization Of th'
State OF West Virginia, the following
provision was inserted in the Constitu
ton: "An equitable proportion OF th'
public debt of the Common wealth o
Virginia prior to the first day OF Jan
uary, in the year one thousand eigh
hundred and sixty-one, shall be as
sumed by this State; and the Legisla
ture shall ascertain the came as soon al
may be practicable, and provide for thu
liquidation thereof by sinking funC
sufficient to pay the accruing interes
and redeem the principal within thirty,
four years" Whether this be taker
as a compact between the two States OF
a constitutional duty, the result is the
same so far as the people of West Nlr
ginia are concerned; it imposes upon
them an obligation which cannot bt
evaded, and at the same time lays dowr
a rule by which to measure the scope
or extent OF this obligation. No action
looking to a settlement of the question
between the two States seems to have
been had until February Is, 1870, when
Virginia took the initiative by pro
viding for the appointment Of commits
sioners to treaty with the authorities o.
this State. Commissioners appointed
on behalf of Virginia proceeded al
once to Wheeling, and the Legislature
of this State promptly appointed com
mit,ee to confer with them, and subse
quently BY Joint Resolution adopted
March 3, 1870, authorized the appoint
ment of three commissioners TO trea
with the authorities OF the State o.
Virginia on the subject Of the
public debt of that State, due
or incurred prior to the first day o
January, eighteen hundred and sixty
one, and fair division OF the property
belonging the State on that day.
Commissioners were subsequently ap
pointed, but for reasons which were
communicated to the last Legislature
by the Governor, and which were
deemed by him sufficient, they did moi
execute the powers conferred upon them
by Joint Resolution adopted February
Is, 1870. Thereupon the Legislature
again authorized the appointment OF q
commission to treat with the authori
ties of Virginia, and also to procure the
statistical information, without which
it was impossible to ascertain what is