The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1872-02-27
The Convention and the DeBt---
Views OF One who Don't Believe
il Means Reputation.
WHEEL1No, w. YAn Feb. 28.

UAANHAANollWs 49, = Su' SO'
Editors Of the 1nteldgeneerl- aglEg
Reputation of the State debt means
cowardly and evident raScaIityH The &C.
ton of the Convention, however, in keep.
ing silent on the subject, does not mean
reputation by the State. Permit me,
with due difference TO your greater expe-
rience, TO give you my reasons for making
so positive an assertion and for differing
from you in your view Of the matter.
> And first let me ask you to rejoice with
me that the Convention did not fan into
so arrant m absurdity as to adopt tile
provisions of the present Constitution on
that subject. As the lawnow stands VIC
are bound to pay within thifty-four years
n debt oil which we know not the size.
1t may be so large as Absolutely to, beg
gar the State, If paid within the time pre-
scribed or 1t may be so small as to make
it unjust to defer so long the payment OF
a debt which we could pay at once with.
ont inconvenience. This was like that
other provision, readopted unfortunately,
fixing salaries at certain aniount. Such
provision stamps 0 constitution with the
mark Of short lie, for it makesi so rigid
and unyielding that 1t cannot aeeom42os
date itself TO the fluctuations Of d variable
currency. 1861
Avoiding this absurdity, then, the Com
stitutiOn must either say that the debt
shall be paid, and leave theltime Of pay
mtnt uncertain, or II must be silent On the
subject Is 1t not plainthat 10 adopt the first
horn of this dilema would be merely a
work of supererogation2 The Lecisla:'
tllre, as l shall attempt to show, viii have
the power, without such q provision, to
pay our proportion Of the Virginia debt.
Would such a provision give any further
assurance that it would be pafdY The
Legislature would be master Of the time;
would not that make it master Of the
dcbtg Could it not defer the payment
for so long that the debt would he viz
tually repudiated? But, aside from this,
a provision such as speak of would DO
useless. 1fthe State is bound to pay her
share OF this debt, her obligation arises,
not from any clause in her CONSTITUTION,
but from her contract-her express con.
tract with Virginia, her conlractiwith
Congress-and, II these fail, fromher con.
tract implied from her having helped to
incur the debt. If the State Is not bound
now, her voluntary assumption Of liaDili.
~ would be what the lawyers call nu,
dun 2actHla, or contract without consid.
Grafton, and would not bind her in
court, il she chose at any future time 10
revoke it. Why insert in our new Con.
stitution so useless q provision ? The
other branch ofthe dilemma is the ono that
the Convention has taken; Itphas- not
said that the debt shall not be paid. It
has simply left 1t to the Legislature. You
intimated, the other morning, an opinion
that without constitutional provision
tile Legislature would have no authority
to pay the debt. Here again must dill
fer from you. There will be nothing in
the Constitution forbidding the Legisla.
ture to act in the matter; and Eappre.
bend that the Legislature can9do any
thing that'is not xPfessly forbidden. It's
powers arc essentially different from those
Of the Federal Congress-. To the latter
were coded certain powers formerly vest.
ed in the States, and 1t has no powers not
expressly given 1t. In The former, on The
contrary, reside all the powers OF tie
State, and 1t is supTemS and absolute
wherever the people Ses not expressly
restrained and cireunnscFibed lis action.
This debt, too, il We are Bound Tor 1t at
all, is liability ali contracted, and
from the liability ITSELF may be inferred
the power Of payment! Where is this
power, Llf not in dc Ieeialaturep The
whole matter IS left 10 fh9 Legislature,
and that body win see. 10 Il ltfatit Is prop.
erly attended 10; 10, list honor Of
the State Is concelhe iil lis Ii justment;
and second, our feiuaalt 10 make an adj
justmeht will bring the, matter before the
supreme Court of the United States.
That court Is a fair and Impartial tribunal,
and its Judgment will be ratified by the
whole power ofthe Union. = 600
My conclusion Is that reputation does
not follow as consequence Of the action
Of the Convention. So far is this not SO
that the Legislature seems to me 10 be
tho only proper body 10 arrange the mat
ter. The debt is still unliquidated, and
much discretionior its liquidation would
necessarily have been given to the Legis.
lature under any provision which could
nave been framed. Is tnot better To- let
one body attend 10 the whole matter than
70 occupy unnecessarily the time oftboth
when the Convention could do so little
taat would be beneficial, and might mar
all ny trammeling the Legislature with
restrictions inserted in an instn,nent