The weekly register. [volume] (Point Pleasant, Va. [W. Va.]) 1862-1909, 1881-04-27

w NlEElntht anu Vnl1 uDOub Two uuu
ahalf millions in the present State
of West Virginia. That the present
State Of Virginia contains 1882
square miles and West Virginia 90
600 square miles, or less than one
third. That the counties composing
what is now Virginia contained, ac-
cording to the census Of 1850, a pop.
ulatioh Of / ,220, 500, and those com
posing West Virginia only popula-
tion Of 374, 985, orless than one-fourth.
And by statement "Cv Of the report
it was also shown that the whole
revenue Of the State Of Virginia for
the year 1860 was s9,936,S73.56, Of
which only 7,0f9.96, or less than
one-sixth, was assessed in the coun-
ties composing the territory Of West
Virginia, and 1929, 1880 in the
present territory Of Virginia. 1T
will thus be seen, Mr.. President, that
West Virginia would not be entitled
TO pay one-third Of the debt Of Vir-
ginia assigned by the funding bill Of
1871, either upon the basis of terrific
ry; population, or revenue.
II will be observed also that all, or
nearly. all, Of the debt was incurred
and actually expended on works Of
public Improvement, and that Of the
whole amount for which the debt
was created'only about two and a
half millions was expended in the
territory Of West Virginia, and that
chiefly in turnpike roads.
The report also shows that Virgin-
ia on the LIST day of January, 1861,
held public-improvement securities
to the amount Of s93, 131, 900, and in
addition thereto, as shown by the
message of the governor Of Virginia
Of March s, 1870, there was an amount
of $9,739,092.SS as lost, abandoned,
surrendered, or released, andof course
that portion which had been surren-
dered or released between 1861 and
1870 was without the consent Of West
Virginia.
The commissioners, after review
ing at length the principles Of law
and the authorities cited in the case
Of Hartman vs.. Greenhow, referred
to by the senior Senator from Virgin
ia, Mr.. Johnston, assumed that
West Virginia should bear her equit-
able proportion of the debt of Vir-
ginia, as provided by her constitu-
ton Of 1868; that this equitable pro-
portion should not be ascertained
from the basis of territory, because
one division Of the territory might
contain all the works of internal i'm,
provement, the more importantcities
and harbors on the seaboard, the fer
tile and improved lands, the public
buildings, and other sources of wealth
for which the debt had been created
and expended, while the other di-
vision might be undeveloped and
comparatively destitute of value and
resources.
They further concluded that the
public Improvements lying within
the territory of Virginia, and for
which Virginia holds the securities,
are worth their cost to that Common.
wealth; that these improvements
cannot be- enjoyed in common by
: West Virginia, as contemplated by
the rule laid down by Kent, that "if
u State should be divided in respect
10 territory its rights and obligations
are not impaired, and if they have
not been apportioned by special
agreement their rights are to be en-
joyed and their obligations fulfilled
by all the parts 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 op.
posite directions, the improvements
for which the debt was crerted do not
reach into the territory of West Vir.
ginia, and are therefore of no value
to that State; and that Virginia, by
selling, donating and disposing Of
these works as her own property
without consulting West Virginia,
must be treated as having accepted
them upon that basis.
The commissioners, therefore, as,
sumo that the benefits conferred
should be taken into consideration
in arriving at an equitable adjust.
ment, and concluded their report by
charging to West Virginia all the
money expended within her terrific
ny and crediting her with her esti
mated share of the public property
and assets of Virginia not embraced
in the debt, and upon this basis as
certained the amount due as West
Virginia's proportion Of the debt on
January l, 1861, s959,360.23.
This report was communicated BY
the Governor to the Legislature O.
West Virginia on the 10th of Janu
airy, 1872, and has remained unchal
lenged.
The Governor in presenting it t.
the Legislature used the following
language:
1t will demand your serious con
sideration whether yon will now pro
coed to assume what you may con.
ceive to be the equitable proportion