Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1881-05-09

prior 10 the irst day OF January, IN the
We ar one thousand, eight hundred and
shall be assumed by this State,
and the Legislature shall ascertain the
same Is soon - may be practicable, ana
provide for the liquidation thereof, by
sinking fund: sufhcieot 10 pay the sccru,
ing interest, and redeem the principal
within thirty-iour years"
This was West Yiryinia's acceptance
of the proposition made by Virginia, and
the words equitable proportion" as
used in the Constitution relate to and
are to be interrupted by that provision
of. the Ordinancej which declared that
the new State should take upon itself "a
lust proportion" Of the debt and defined
the mode by which this proportion Was
TO be sscertained. The Constitution
made it the duty Of the LEGISLATURE to
ascertain the amount due "ss soon as
may be practicable" this being merely
a matter Of simple calculation, the basis
and mode OF adjustment having been
already proposed by Virginia and ac-
copied by West Virginia.
That this was the distinct and COM
mon understanding at the time Is
shown by the whole course OF legislation
had by the General Assembly OF Vir-
ginis" IN aid OF the formation OF the new
State. On the l4th Of May, 1862, an act
was passed providing THAT 30 much OF
the public revenue due the State OF Vir-
ginia from the counties embraced within
the boundary Of the proposed State OF
West Virginia, including bank dividends
and all money from any source whatso-
ever, due the State, as shall not have
been paid into the treasury OF the State
at the time of the. admission OF
the proposed State OF West Virginia
as one OF the United States, shall be the
property OF the said State OF West Vir-
GINA, and the several sherifs and other
collectors Of the public revenue, and all
persons holding money due the State
within the said bou ndary, shall pay the
same into the treasury Of the State OF
West Virginia. All Of the appropriation
made by this act shall be charged 10 the
State Of West Virginia, ia the settlement be-
t,ceen the States Of Virginia and West JiI-
gmia."
On the third day Of February, 1853,
an act was passed by the General AS
sembly Of Virginia transferring to the
proposed State of West Virginia, when
the same shall become one of the
United States, all this States interest
in property, unpaid and uncollected
taxes, fines, forfeitures, penalties and
judgments, in counties embraced within
the boundaries OF the proposed State
aforesaid" On the 18th day Of February,
1868, an act was passed by the General
Assembly Of Virginia appropriating to
the State of West Virginia call balances
not otherwise appropriated, that may
remain in the treasury, and all moneys
not otherwise appropriated that may
come into the treasury up to the time
when the said State of West Virginia
shall become one OF the United States;
provided, however, that when the said
State OF West Virginia shall become one
OF the United States, it shall be the du-
~ of the Auditor Of this State to make a
statement of all the moneys that up to
that time have been paid into the treas
ury from counties located outside OF the
boundaries OF the said State Of West
Virginia, and also Of all moneys that up
to the same time have been expended
in such counties, and the unexpended
surplus OF all such moneys shall remain
in the treasury and continue to be the
property OF this State"
These several acts OF the General AS
sembly OF Virginia" show with conclu-
siye force the agreement as to the mole
OF adjusting financial accounts between
the two States They follow directly in
the line proposed by Othe rdinsnce OF
the Virginia Convention adopted Au-
gust Goth, 1851; West Virginia was
credited with the sums collected fiom
her people and debited with the ex-
penditures made within her limits, in
strict conformity with the plan by which |
Virginia proposed to adjust the debt
which had accrued prior to the lst day
OF January, 1861.
1t is now too late for anybody, especi- |
ally for a Republican Senator of the |
United States, to deny the authority Of
the Virginia Convention assembled in the
city Of Wheeling on the 18th
day of June, 1851; nor can the
authority of 'the Restored Gov
eminent of Virginia" established
by that Convention, be now assailed.
Numerous acts OF official recognition by
all departments Of the government Of
the United States and, browning all, a
solemn decision by the Supreme Court,
have placed these subjects beyond the
domain Of controversy. The Conven-
ton provided by ordinance for the cleo
ton OF Representatives of Virginia in
Congress, and the persons chosen in az
cordance with that ordinance were
promptly admitted. The General A.
sembly Of Virginia, sitting in Wheeling,
on the 9th day Of July, 1861. elected two
Senators to take the place OF Senators
Mason and HUNTER, and the new
ly elected Senators OF Virgins
were warmly welcomed and took their
seats as peers Of any in the land. The
Republican party in both Houses Of
Congress, and in all Of the executive
departments of the government, COM
mitted itself fully and irrevocably to the
maintenance Of the authority OF the