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

within the said new State during
/ the same period.
II will be seen by this ordinance
/ that West Virginia undertook in
the very beginning to fix and de-
termine basis upon which her
proportion of the public debt of
/ Virginia was to be ascertained.
1 But what is known as the Alex
andria constitution Of Virginia oi
1863 did not give its consent 10 the
basis of adjustment proposed by
West Virginia, but indicated a
different basis, which if carried
out would result very differently
from assigning one-third of the
debt to West Virginia.
/ quote from the constitution,
section q of article 4, in full:
The General Assembly shall
1 provide by law for adjusting with
the State of West Virginia the
proportion of the public debt of
Virginia proper to be borne by
the States of Virginia and West
Virginia respectively, and may
authorize, in conjunction with the
State of West Virginia, the sale of
all lands and property Of every de-
scription, including all the stocks
and other interests owned and
held by the State of Virginia in
banks, works of internal improve
ment, and other companies, at the
time Of the formation of the State
of West Virginia, and no oldi-
nance passed by the convention
which assembled at Wheeling on
the 18th of June, 1861, adjusting
the public debt, shall be binding
upon this State.
The constitution of West Vir-
! ginia, adopted in 1868, contains
the provisions that
An equitable portion of the pub
lie debt of the Commonwealth of
Virginia prior to the last day of
January, 1861, shall be assumed by
this State, and the Legislature
shall ascertain the same as soon as
it may be practicable and provide
for the liquidation thereof.
The restored government of Vir-
GINA, known as the Pierrepoint
government, was removed from
| Alexandria 20 Richmond in 1865,
and on the 9TH day Of December,
1865, the General Assembly passed
an act repeating the act giving
consent to the formation of the
State of West Virginia, and also
repeating the acts giving consent
to the admission of Berkeley and
other counties into the State Of
West Virginia. No action was
taken looking to the apportion-
ment of the debt by either State
till the 28sh of February, 1866,
when the General Assembly of
Virginia, by a joint resolution,
authorized the appointment of
three commissioners with the
power to treat, first, for the "res-
toration of Virginia to its ancient
jurisdiction and boundaries, and
second, to treet upon the subject
of the proper adjustment of the
debt.
West Virginia, at the next ses-
sion of its legislature, passed a
Joint resolution on the 2S b of
February. 1867, declining to treat
for her reunion with the old State
and authorizing the appointment
of commissioners to treat with the
commissioners appointed by Vir-
ginia for the adjustment of the
public debt so soon as the suit of
Virginia against West Virginia
pending in the Supreme Court of
the United States to recover juris-
dictiOn over the counties of Berke-
ley and Jefferson should be finally
determined. Suit had been insti-
tuted by Virginia to recover back
the counties OF Berkeley and JEFF
ferson in March, 1866, and no
proper adjustment of the debt
could be made till it was deter
mined which State had iurisdic-
ton over these two rich and pop
ulous counties. The suit was not
finally determined until March,
1871. wallace Reports, page 81,
Virginia VS.. West Virginia. An
other cause soon followed tor de-
laying negotiations between the
two States. The reconstruction
act of Congress passed on the 2nd
of March, 1867, RENTED the State
to Federal control where it re-
NAMED until January, 1870, when
the State government of Virginia,
reorganized under it's constitution,
was recognized and the State re-
stored to representation in Con-
gress by act of January %, 1870.
This constitution contained the
following section (l9) in regard to
the debt:
The General Assembly shall
provide by law for adjusting with
the State of West Virginia the
proportion of the public debt of
IL 4 1. 4. L