Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1872-03-23
corst.tutional Convention.


10 bad been a great quesiion.-a question in
yolyinS the integrity and even the existence OF
West Virginia. he did not look upon 1t IN
that light Tie could not realize Its vast i'm
portauce, nor appreciate its influence upon the
future deStnies Of this State.
Il 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 por-
ton Of that bt, which at the period Of our
voluntary separation from Virginia, was bind
inc upon all who formed a part Of that COM
muuitv Whether that liability Is the result
Of public or international law, or Of our own
express CON pact with the State Of Virginia, II
was unimpurtaut to inquire; for all concede
the liability, and no proposition has been sub
mijted which denied 10, or which sought even
% prescribe any basis upon which that liability
Was % be adjusted.
It had been equally conceded by every gen
tlemaa 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 ques-
ton which for three days has consumed the
timocf tie Convention Ii seemed TO him that
the propositions involved, presented questions
Of taste and sentiment rather than OF public
duty. According TO the view If the gentle
man from Monougslia, Mr.. Wiley the omis-
sion to re-afirm the declaration Of our liability
contained In the eighth section Of the eight
article Of the Constitution, would cover the
STATE Of West Virginia with the infImy Of re-
pudiation and bad faith, and even forfeit the
condition upon which Congress gave its con-
sent 90 our separate existence as a State. In
the view Of the gentlemen from Taylor, (Alr.
Martini 90 insert any such declaration in our
proposed new Constitution would excite the
burning Indignation Of the people, and cndan,
ger the adoption Of the new Instrument And
yet both gentlemen. and all others agree that
whether the section be re-atirmed or omitted,
il will not in the slightest degree affect our
legal relations 70 the controversy.
Mt Faulkner said he had not risen to discuss
the question which had entered 50 largely in
this debate, but simply to present an amend
meUt which exhibited lis own views Of the
question under consideration more satisfactorily
than tho rcn0rtof the committee, or the amend
mert of The gentleman from Ohio.
To bis opinion. tie Convention had nothing
20 90 with re-affirmance or reputation Of the
existing liabilities Of West Virginia. That
subject is purely legislative and falls exclusive
" under the authority aud control of HAT de-
partmcut Of the government. IL had in no
form been referred to this body by the people.
Our function was o. frame proper constitu-
ton If government for the State. Ii in franz
Ing that Constitution. it would iall peT,iuently
within the scope of our powers to notice the
existing claim Of Virginia, 20 our assumption
of a portion Of her debt, we ought SO 10 notice
IL, but beyond that, it seemed To him, we were
iutermedl..ug with a subject over which we
have no proper authority.
Is there then, anything 10 our proposed plan
Of government which renders it proper that
we should notice this Virginia debt?
We propose 90 insert in our Constitution a
section which lorbiis the Legislature to assume
or contract any public debt THIS provision
mse.s unusual acceptance. Il viii, 10 doubt,
have the support % every member on the floor.
Now. If We shall Incorporate such limitation
upon legislative power In our Constitution with
out at the same time vestius In that body, full
authority 20 make provision Tor tEe liquidation
Of that Virginia liability, should the contin-
Ceucy ever arise when We shall le required %
pay a portion Of it, We sAol. undoubtedly, sub
ect ourselves 20 these imputatjOLS of bad faith
which have been thrown cut IN this debate
Bat, II We SHALL by clear aud distinct pr0vl-
sious lCat,r upon the Legislature The ueedlul
authority Co. discharge our portion Of the debt,
should any such liability hereafter devclve
upon Us. lie could not see why sgch a
provision would not fulfil every duty,
which good faith and the lot.jest integrity
would demand ol us. In The opinion Of many,
that object IS already sufficiently attained by
the report Of The committee, whilst others and
especially the gentleman from Hampshire,
Mr. Armstrong has argued with great force
and ability. that Che language Of the report is
tgUiyocs. and uncertain, gut docs not meet the
iuii requirements Of our duty. lie, Mr. F..
thought the language a the committee did
confer Csc necessary authority upon the Legis-
,a.urt. lut Co remove an doubts upon the sub
isct. aud 90 meet ,ie question fairly and square
Iy. be lad submitted his amendment. Tie be-
Gevei that Dis amendment would accomplish
al. tlat ,.e most earnest advocate Of the good
faith ol our State could desire, whilst il would
avoid souc objections which bad been urged
with great force 80 ;ae rs-ad0ptiau Of the Sec
,..u u tle present Consuta,.ua. He could
conceive ul many reasons which justified the
original insertion os that section la the Consti-
tutl.l 90 loG2 which dIt not apply % the Con-
s,,;utiou ot 1872. It hlj performed its func-
zion, aI. was auoas The facts % past history
Whatever trijuaa, may lie called upon, If any
ever sta. De- 90 aluji.aie tie liability Of Che
state. It vi.l DO So upon the ordinance Of 1861,
ana the Consultation 0t 1862, and not upon
anything contained u tie Constitution now
being made.
Virginia las assumed our proportion Of her
public ist. % De o-s third. THIS conclusion
tie i.s reached, not upou anything contained
10 tlc o.luauc, &C 1861, os iu the CJus,itu-
sion nc 1859, tUl upon assumed principles Of
public or international. ,aw. ald il direct con-
,aveut..r 10 L,r own solemn a,t He had no
j.-pcs.t.a. 90 speak Of Virginia except ia
terms .. p.otu.a respect, aud yet, 10 one can
.evs at .or action for Tie past twelve months
aad Lr- lee. t..t Size has adopted course
..-.'y Injurious Oh tac cryd.tut West Virginia
ai.t utterly waiting iu that courtesy which is
due iruu. ule Oh another State Of this Union
40 ile very momcut ti.at proceedings were
pending lstweea tue two States for the adj
.1stncut Of the principles upon which their
,@ge..,e portions 81 ,uat liability should rest
a>d when d.su.s..,ou bad been manifested by
Ne>, Virginia o. nee; With fairness aud good
fa.'h t.e responsibilities of her position. the
S,sieof Virginia took tie subject under her
curre control, assumed 10 be the sole Judge,
aui 90 determine waJ, her proportion. aud
wl.; our proportion Of that debt should be,