Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1881-04-14

Virginia. That the present State oil
Virginia contains Al ,352 square miles
and West Virginia 10000 square miles,
or less than one-third. That the coun-
ties composing what is now Virginia
contained, according to the census OF
| 1860, a population OF l,220, S29, and
those com posing West Virginia only a
population OF 374 ,9S5, or less than one
fourth. And by statement " OF tue
report it was also shown that the whole
revenue OF the State Of Virginia for the
year 1860 was s., 9G6, $3.50. of which only
S647, 1886, or less than one sixth, was
assessed in the counties composing the
territory OF West Virginia, and Is, 2s9,-
1880 in the present territory OF VIZ
ginia. 1t will thus be seen, Mr.. Presi-
dent, that West Virginia would not be
entitled to pay one-third OF the debt OF
Virginia assigned by the funding bill OF
lS7l, either upon the basis OF territory,
population, or revenue.
Ii will be observed also that all, or
nearly all, OF the debt was incurred and
actually expended on works OF puoLc
improvement, and that OF the whole
amount Tor which the debt vas created
only about two and o hall millions was
expended in the territory OF West Viz
GINA, and that chiefly in turnpike roads.
The report also shows that Virginia
on the LIST day OF January, 1861, held
public-improvement securities to the
amount OF S33, l3l, 099, and in addition
thereto, as shown by the message oil the
governor of Virginia OF March 8, 1870,
there was an amount OF So, 739 ,092. 50 as
lost Abandoned, surrendered, or releas-
ed, and of course that portion which had
been surrendered or released between
1861 and 1870 was without the consent
of West Virginia.
The commissioners, after reviewing at
length the principles Of law and the au'
thorities cited in the case OF Hartman vs..
Greenhow. referred TO by the senior
Senator from Virginia, Mr.. Johnston,
assumed that West Virginia should bear
her equitable proportion OF the debt oil
Virginia, as provided by her constitution
OF 1868; that this equitable proportion
should not be ascertained from the basis
of territory, because one division oil the
territory might contain all the works oil
internal improved, the more i'm
portant cities and harbors on the sea.
board, the fertile and improvementlands
the public buildings, and Other sources
of wealth for which the debt had been
created and expended, while the other
division might be undeveloped and
comparatively destitute OF value and
resources.
They further concluded that the pub
lie improvements lying within the ter
ritory of Virginia, and for which Viz
yinia holds the securities, are worth
their cost to that Commonwealth; that
these improvements cannot be enjoyed
in common by West Virginia, as con-
templated by the rule laid down by
Kent, that "if State should be divl-
ded in respect to territory its rights and
obligations are not impaired, and II they
have not been apportioned by special
agreement their rights are to be enjoyed
and their obligations fulfilled by all the
parts in CONNECT" because the terrific
ries of the two States have nothing In
common, are separated by mountains,
with the navigable streams OF each
State running in opposite directions, the
improvements for which the debt was
created do not reach into the territory OF
West Virginia, and are therefore OF no
value to that State; and that Virginia,
by selling, donating and disposing OF
these works as her own property with
ont consulting West Virginia, must be
treated as having accepted them upon
that basis.
The commissioners, therefore, assume
that the benefits conferred should be
taken into consideration in arriving at
an equitable adjustment, and conclude
their report by charging to West Eir-
ginia all the money expended within
her territory and crediting her with her
estimated share OF the public property
and assets OF Virginia not embraced in
the debt, and upon this basis ascertained
the amount due as West Nirginia's pro-
portion OF the debt on January i, 1861,
1858, 360.23
This report was communicated by the
Governor to the Legislature OF West
Virginia on the 10th OF January, 1872,
and has remained unchallenged.
The Governor in presenting 1t to the
Legislature used the following language:
Ii will demand your serious consider
GRAFTON 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 jan
uary, 1861, or whether you will IN the
light OF past events await further action
or the part OF Virginia.
No further action has been taken on
IN, part of either State, and there the
matter rests.
Now, sir, there is one more criticism
that deserves attention. II has been
directly charged more than once by Sem
ators during this discussion that be-
cause the formal recognition OF the obi
CATION Of West Virginia to pay her equit-
able proportion Of the debt OF Virginia
contained in the constitution OF 1853
do g not appear in the constitution OF
1872, that the Democratic party, as soon
as il obtained ascendency in the State,
repudiated this obligation.
A few words OF explanation will make
this PLAIN. The constitutional conyen'
ton of 1872 had before il the report oil
the commissioners to which have been
referring. West Virginia has no bonded
debt, and never had, and both consti!u'
tisns contained provisions prohibiting
her from making any except for certain
speciied purposes; and in leaving ont
section S OF article OF the constitution
OF 1853, which provided for assuming an
equitable proportion OF the debt OF Vir'
ginia, provision was made in the consti
tuition OF 1872, in section OF article 10
to the extent of providing, in connection
with section 1 OF the same article for the
payment OF the debt when asGertained
Section 1 provides that no debt shall
be contracted by the State except, among
other things, "tO redeem the previous La
biIiy of The STATE"
Section provides "rhat the power Of