The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1872-02-27

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Let II be observed of this section that
the previous liability" which the Legis-
ture may provide for Is not defined as a
liability at the time Of tho adoption Of the
Constitution. 1t Is simply to be "a pro.
yious liability" at the time the Lcgisla.
turc deals with 1t, and applies as much to
debt created i've years hence as 10 any
existing now, whether 1t DO deemed as re.
'fefring to the present Indebtedness Of the
State to the school fund orto the Virgin.
ia debt. Besides, doubts might easily be
raisea in thcLGgiSlajpts whether our OBJ
legation TO Virginia, was definite enough
TO come under tho designation ol a "lia'
bllityp to be redeemed" The existing
obligation is to settle and ascertain
whether there Is o liability. Mr.. HAY
MoND himself has furnished suggestive
hint how this matter may BIO viewed by
future Legislatures when he said las re.
ported by q correspondent Of the Register
that at was an open question whether
we do owe anything or not" and when he
asked Bfr. HAdANs, who wanted 10 require
the Legislature to pay the debt, "when
ascertained," whether he wanted ITO i'm.
pose upon the people by implication an
obligation to pay a debt which is not only
'lnGSeerained, bat Whieh Il is uncertain
tshsther, 700 QUO or not" Would not
tho Legislature, in view Of such
doubts expressed by It's friends when the
section was under consideration, conclude
they did not regard the adjustment with
Virginia asono Of the liabilities" referred
tor Let it be observed further that vague
and indefinite as this language Is, the
Legislature is not required to redeem any
previous liability" 1t Is not even au.
thorized in direct terms The authority
comes by inference only, for the section is
one declaring what the Legislature shall
not do, with certain exceptions. Now,
why in common reason, was so much pains
taken to envelop provision for adjusting
our share of the Virginia debt in such
vague, hazy uncertainty, ifthe Convention
had an honest, straight forward object in
view, when it was so easy to express that
purpose in tho plainest and most unequiv-
ocal language? And what did MIR. HAY
MoND mean by declaring, as a Register
correspondent reports him, that he thought
the section "wenta as far as prudent men
ought to goH" These must have been
very "prudent mem indeedl a1 H
In view Of these and other considera.
tons, We are totally unable to agree with
our correspondent in his belief that this
silence, this excessive prudence, on the
part Of the Convention "does not mean re.
pudiation," and that this will not follow
as q consequence ofsuch action. A regard
for the confidence Of our creditors and o.
the country, was in itself, under all the
circumstances, IN overwhelming reason
for retaining in the new Constitution the
provision OF the old, even il dropping il
did not actually impair the probabilities
Of our keeping faith. But when every ont
can Gee that il we meant to do this, there
was not o solitary reason worth a straw
why we should not have perpetuated the
provision Of the existing Constitution til
the Legislature had fulfilled 1t, what will
what must, the country think Of it
omission2 ....'.r
What must especially be thought, wher
the circumstances attending this action o
the convention come to be understood
Let us briefly notice what these were
And to be sure that our testimony shall
not be prcjudiced, we draw our informa
ton from the letters Of intelligent Demo
cratic correspondents Of tho Register.
When the Convention came to this 5tl
section Of the report of the Committee OF
Finance and Taxation, in which it had
protested to provide for the Virginia debt
under the vague allusion to previous
liabilities" Mr.. HAGANs moved to insert
definite provision that West Virginia
would pay herequitable proportion Of the
Virginia debt when ascertained." He
withdrew this TO allow Mr.. WILEY to
put in more exact shape by adding to the
section this ....r t.r
."Includlng an equitable proportion Of the
public debt Of the Commonwealth OF Virginia
prior 70 January !, 1861, which, when ascertain,
ca by the Legislature, shall be assumed by the
This was very mild. 1t did not actual.
" require the Legislature to ascertain y
atall. Mr., aWikAT proposed instead this
explicit provisions g. -,
THAT an equitable proportion OF tho public
debt ofthe COMMONWEALTH Of Virginia, prior to
January lst 1851, shall be assumed by this State,
ouu Iuo LekIlhtuTo SNAIL ASCERTAIN inc same a9
soon as may be practicable and provide for the
liquidation thereof" f5 lIT
This still lett the Legislature at liberty
to extend the period Of payment as it
might find necessary, But neither of
these was found acceptable, land they
were withdrawn to allow Mr.. PENDLE.
TON to offer this as an additional sec.
ton: .i . ~.
Amy debts contracted or engagements entered
Into prior to The adoption OF this Constitution
shall be as valid against this State under this Con.
ltitution as under that for which 1t was sabbti-
sutCa'p Il4 a.Tl.@ Hru.E lyB
This was not satisfactory, and Mr.. VIII.
son offered in lieu Of it a provision direct.
Ing the Legislature 10 make n settlement