Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1881-04-23

Ia w anu tuc dutHOIlllES CILcA III
~ ,s.-1 - IL .=;.-. G.ccr
referred 10 by the senior Senator
from Virginia, (Mr. Johnston. az
sumed that West Virginia should
bear her equitable proportion of
the debt of Virginia as provided
by her constitution Of 1868; that
this equitable proportion should
not be ascertained from the basis
of territory, because one division
Of the territory might contain all
the works of internal improved,
the more important cities and
harbOrs on the sea-board, the fer
tile and imE movement lands, the
public buildings,and other sources
OF wealth for which the debt had
been created and expended, while
the other division might be uude-
veloped and comparatively desti-
tute Of value and resources.
They further concluded that the
Iublic mprovements lying with
in the territory OF Virginia, and
for which Virginia holds the Sc.
curltles, are worth their cost to
that Commonwealth; that these
improvements cannot be enjoyed
in common by West Virginia, as
contemplated by the rule laid
down by Kent, that "if a State
should be divided in respect to ter
rilory its rights and obligations
are not impaired, and if they have
not been apportionel by special
agreement their rights are TO be
enjoyed and their obligations full
filled by all the parts in common
because the territories of the two
States have nothing in common,
are separated by mountains, with
the navigable streams of each
State running in opposite direc-
ton, the improvement for which
the debt was created do not reach
the territory of West Virginia, and
are therefore Of no value to that
State; and that Virginia, by sell
ing, donating and disposing of
these works as her own property
without consulting West Virgin
la, must be treated as having &C
accepted them upon that basis.
The commissioners, therefore,
assume that the benefits conferred
should be taken into consideration
in arriving at an equitable adjust
ment, and conclude their report by
charging to West Virginia all the
money expended within her ter
ritory and crediting her with her
estimated share of the public prop
erty and assets of Virginia not en-
braced in the debt, and upon this
basis has ascertained the amount
due as West Virginia's proportion
of the debt on January /, 1861,
1858 36023.
This report was communicated
by the Governor to the Legisla-
ture of West Virginia on the 10Th
of January, 1872, and has remain
ed unchallenged,
The Governor in presenting it
to the Legislature used the fol-
lowing language;
lit will demand yonr serious
consideration whether you will
now proceed to assume what you
may conceive to be the equitable
proportion of the public debt of
Virginia prior to the LIST of Janu-
airy, 1861, or whether you will in
the light of past events await fur.
ther action on the part OF Virgin
ia"
No further action has been tax
en- on the part of either State, and
there the matter rests.
Nov, sir, t ere is one more crit
icism that deserves attention. 1t
has been directly charged more
than once by Senators during this
discussion that because the form
al recognition of the obligation of
West Virginia to pay her equita-
bic proportion of the debt of Vir-
ginia contained in the constitution
of 1868 does not appear in the con-
stitution of1672, that the Democrat
ic party, as soon as it obtained as
tendency in the State, repudiated
this obligation.
A few words in explanation
make this plain. The cOnstitu-
tional convention of 1872 had be.
fore it the report of the commits
sioners to which | have been re-
ferring. West Virginia has no
bonded debt, and never had, and
both constitutions contained pro-
VISIONS prohibiting her from
making any except for certain
specified purposes; and in leaving
out section 8 of article s of the con-
stitution of 1868, which provid-
ed for assuming an equitable pro-
portion of the debt of Virginia,
provision was made in the consti-
tuition of 1872, in section 5 of al I'll
Gle 10, to the extent of providing,
in connection with section Of the
same article for the payment of