The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1872-02-27
The Convention and the Debt-.-
Does the Convention Mean Ropu-
diation3 ..aHH

diation3 ar'r
We print the ingenious argument OF q
correspondent this morning in support OF
the Convention Tor emitting from the new
constitution all recognition Of West Vir.
ginia's responsibility for q portion Of the
Virginia debt. Its leading positions may
be summarized as follows,:Yf
/. That 1t would have been "arrant
absurdity" to readOpt the provision on
this subject in the existing constitution,
because II embraces q requirement that
our share Of the debt shall be extinguish.
cd in 81 years; and that 1t would have been
supcrogation TO adopt a provision similar
10 the existing ono but leaving tho period
through which tho debt should run IN.
determined, because then the Legislature
might extend this period so far as 10 vlr.
tually rGpudiatc ultimate payment, and
thus having actual control Of the debt
might as we'll be left with full discretion
in the premises.
9. That the States obligation In tho
matter, II any exists, arises from her exI
press contract with Virginia and with
Congress, not from any clause In the con.
stitution; and this being true, the liability
already existing, It Is useless to make any
provision for It In the constitution.
3. That the liability existing. the Legs.
lature has full powers to provide for II
without any express provision in the con.
stitution, because the Legislature. is stl.
preme and absolute where not expressly
restrained in the constitution, and nothing
In the constitution would forbid the Legis.
lature dlscharglng this liability.
Let US examine these positions as briefly
rs we can; and perhaps what we say may
serve also as an answer to the editorial re.
marks in yesterdays Register, and as some
Justification OF opinions heretofore OK.
pressed by US. - .r..t
/. 1t would not have been on "arrant
absurdity if the Convention had adopted
the clause in the existing Constitution
Just as 1t stands. West Virginia could ex.
tinguish her equitable share of the debt in
"a years withou! suffering, especially If
the State is ever to grow any, rs we
might hope she would but for the foolish
dishonesty Of her public bodies. One per
cent Of the debt put into sinking fund
annually would extinguish 1t in 81 years;
and If 1t amounted to five millions, which
nobody in this State expects, it would be
but $4,000 year in addition TO the In
terest; and II the State is to grow any.
this would soon cease to be q burden. But
why, iIthat was the difficulty, did not the
Convention adopt the existing provision
rs To other parts and extend the time
Why not say the payment should be
equally distributed over period of at
least" forty years or fifty years? We do
not admit the right to change the existing
provision at all, but the Convention would
have done better to give the Legislature
discretion as to time, retaining the posi-.
tive requirement as to settlement and
payment, than TO omit everything and
leave not only the period Of payment
but the matter OF tile payment itself en-.
tirely (as our correspondent holds 1t is) al
the pleasure Of the Legislature.
2. The States obligation does certainly
exist by virtue Of her contact with Con
gross and Virginia. But does not oul
friend see that when he admits this he nd
mits, despite his contrary assertion, that 4
exists in the clause of our present Consti
tuition, which is this: a' ~ I'd
-. An equitable proportion Of the debt Of the
January in the year 1851 shall he aSsume me- ~ s.
SaG 1S shall G sSs n
for The lIaa!dation thereof, By sinking fani
deem the principal WItSip Sea aqsy"'''' anu To
This is the written agreement we pre-
sented to the Legislature Of Virginia and
to Congress, on which those two bodies
consented to the erection of the State.
Enlargement binds US until it has been
fulfilled, and until then We have no right
70 expunge 1t from the Constitution. The
compact on the part OF Congress and of
Virginia is found in their acts Of consent.
On our part 1t exists in this section Of the
Constitution, and nowhere else, and there
we are in honor bound to lot it stand till
the Legislature has fulfilled it conditions.
This fact alone Is conclusive of the < !. .iole
argument. gn m-2 ru8.tsr IEf.-
5. AS to the powers of the Legislature
in this matter We cannot agree with the
v;ews NJ o,,r corroorondon. l. 49,, -.
VI " Correspondents III any par
tiCular. We do not understand that the
Legislature Wlelds the absolute and ST.
nremo I,ovora NJ tho ,oo,,,o oxoon. ,,,,,oro
ltYN;In1 ),,, 1l,n Nonot:t ,k..,- .lH.t