The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1881-01-10

n |aoVkhNAEATt
had no warrant to touch any alleged deb
attaching in any way to this Common
wealth except as directed by the Alexan'
dria Constitution. What did that instru,
ment provide in this matter2 The 9Th
Section OF Article Nv. declares: "lhe
General Assembly shall provide by law
for adjusting with the State Of West Vir-
ginia the PROPORTION OF the public debt OIL
Virginia, proper TO be borne BY the States
Of Virginia and Of West Virginia respect,
lively, and may authorize, In conjunction
with the State Of West Virginia, the sale oil
all lands and property Of every desCrip'
ton, including all stacks and other inter
ests owned and held by the State OF Yir,
ginia in banks, works Of internal improve,
ment, and other companies at the time OIL
the formation OF the State OF West Viz
ginia; and no ordinance passed by the
convention which assembled at Wheeling
on the 18th day OF June, 1861, adjusting
the public debt between Virginia and
West Virginia, shall be binding upon this
State"
That covers the whole immediate au'
thority over the subject vested in the GEN
eTal Assembly OF lS66-67, and 1t had no
power to assume anything as to the debt
or provide anything with respect to 1t, or
even to admit the relative proportions Of
the debt between the two States, except US
especially empowered and instructed in
the section quoted. No matter for how
much the State may be liable In law or
equity, the Alexandria Constitution only
authorized tue Legislature OF 1865 81 to
ascertain what was "prOper 10 be- borne"
BY Virginia and prescribe the mode 10
which that should be dons-namsly, not
by any separate action, but In CoDjunc.
lion with West Virginia" That was the
charter OF the Legislature sB TO the debt,
and, whatever resulting powers might
have followed the adjustment commanded,
certainly 1t was not In order to do any.
thing until the initial step was taken and,
As that step was not taken, Ii Is surs that
the action attempted In assuming and pros
vlding tor any portion oil the debt was pre-
mature and inConsiderate, II not unconsti.
tutiODRl, null and void.
In like manner the Legislature which
passed the fuuding bill OF 1871, acting un.
der q new constitution, which specially
and carefully limited the legislative die
Cretion as TO the debt oil undivided Yir-
ginia, largely exceeded It's powers, when
II sought IN fix that debt At $l5, 900, 900,
therein Capitalizing Sl6. 900. 900 Of simple
aud compound interest which had accrued
during the period Of war aud repOnstruC.
lion, and attempting TO apportion the
shares which should be borne respectively
az Ut.yt.t. and Waat UI.Hiptn Tha a.
debt, under the Constitution OF 1859, "a
under that Of Alexandria, was TO await an
ADJUSTMENT WITH WEST VIRGINIA,
as both these instruments, in accordance
with common sense and common right,
acknowledged that this State had no au!
thority Of her own independent motion to
tx either the total Of the debt or the part
which ia tn he borne by either. Section
10 OF article 10, OF the Constitution OF 1869
presc'ibes: "Ihe General Assembly shall
provide by law for adjusting wlththe State
Ot West Virginia the proportion Of the
public debt Of Virginia proper 10 be borne
BY the States Of Virgini, and West Wiz.
yinia, and shall provide that such sum as
.hall DO received from West Virginia shall
be applied to the payments oil the public
debt OF the State"
And thus It appears that In the first at
'empted assumption and lundlDg Of the al
legged debt by tho Legislature Of 1865 VI,
and also In the second attempt at as
sumption and iIndiug by the Legislature
Of 1870 II, both bodies not only acted
without The instruction OF their constitu.
encies and without constitutional warrant,
but In disregard Of that essential adjust.
ment directed by both instruments 10 be
made with West Virginia, without which,
either done or attempted In vain, ail
farther or other proceedings were un.
authorized and nugatOrV.
AT this junuture lin 1871 the period had
arrived for the election oil State officers and
General Assembly. II there were any
who favO ed an increase OF taxes, none
we're bold enough 10 declare 1t, unless we
except one candidate for the House Of
De egstes. The Conservative party ICON
prising the macs Of the white voters aud
controlling the Statel met In State Con.
yCntion and formally declared that the
public debt must be adjusted within the
compass Of tho revenue derived IRON the
them existing rate Of taxation, and with
nut determination against any class Of
the creditors. Upon this nominations
OF Governor and other State officers
we're made and accepted, and upon
1t they were elected. The nominee
Tor Governor, previous TO bis nomination,
In q letter which was Published In hia 10.
%i6rests. declared his readiness 10 abide by
he will Of the people In tho matter Of the
debt, and that 1t WAS a subject to be dis.
posed oil by the Legislature, and not by
The Executive. In bis letter accepting
the nomination he DECLARED the debt Issue
was before tho people and that they should
and would have special reference 10 the
diRpOtioh In their choice Of legislators
In point OF fact while he made no CANVASS
before tile people for his election a. Gov.
ern@r, the debt was the all important
question In every city aud county Of the
Common wealth as to members OF the
General Assembly, and the result WAS the
return H. both branches Of the Legislature
Of q large majority Of members instructed
and
PLEDGED TO READJusT
our public obligations strictly within our
income, as derived from the rate Of fifty
cents on the $500, after providing for the
necessary support Of the Government,
the due maintenance Of our charitable
asylumg, and awarding to the Tree schools
the dues apportioned them by the Oonsti.
tuition. Ia hls inaugural address the new
Governor testified that .he debt had been
the only issue OF the Legislative campaign,
and that II was for the Legislators 10 settle
Il In accordance with the instruction.
from their constituents
Accordingly, that General Assembly,
fresh from the people-and chosen on the
sole issne Of the debt did at once prepare
aud pass the so.CAlled
BARBOUR BILL,
which, after teciling the inability Of the
people to hear heavier lmpositions, and
declaring the inndequaCy Of the revenue