Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1884-03-30
VIVA, the Courts Would Hold.

means satlshed, II this case shall ever
reach the Supreme Court, that that tri.
bunal will concur in his conclusions.
After q careful examination OF the case
to which he refers-Virginis vs.. Vest Vir-
ginis, llth, Wallace-l cannot presume
that tine court attaches any peculiar legal
efficacy to the ordinance Of August, 1861.
II is true II refers TO that ordinance histor-
icslly, but only for the purpose OF showing
that even at that early period Of our his
tory the counties of Berkeley and Jetfer-
son were contemplated as possible sddi-
lions to the title OF West Virginia. 1t
seems TO me the Governor might see
more unequivocal expression Of the views
Of that court il he would consult the cases
nf Hartman VS.. Greenhow, l02, u. S. ). q.
Reports. and Antoni VS.. Greenhow, lo7, L.
S. s. c. Reports. Ny reasons for supposing
that that court might not regard the
ordinance OF August, 1861, as prescrib-
ing binding rule for the settle.
ment OF that debt are, that by the
subseouen. constitution framed and aiop.
ted by the people Of West Virginia this
basis Of settlement rs aosn1oned, and we
are then made TO assume AN equitable
proportion of the pu bic debt OF Virginia
prior to January /, 1861. and the Legis!s-
lure is directed 10 ascertain the same as
soon ss practicable" Virginia, in giving
her consent 10 the formation OF the new
State in May, 1862 expressly does so upon
he provisions set forth in the Constitution
Of West Virginia" Upon these terms We
were admitted by Congress hS State OF
he Union, and the constitution OF lsb5,
bus ratified by the two S;ntcs and by
Congress, would more likely 20 he Ia en-
as the basis Of the contract than the eftte
ordinance Of August, 1861
Arranging West yirginia's Liability.
Have you ever yourself thought of any
plau or scheme for the arrangement OF this
liability by West Virginia"
IL have, and fee! no disposition TO with
hold my views, although they have not
been as carefully considered Ia detail m
they should be, In reaching my conclu-
sions | assume, first, that there Will be
some liability on the part OF West Nir.
ginia: second, that these deferred certh.
Gates are no measure OF that Liability, and
that she is no more affected ny .heir isjue
than II they were SO much Continental or
Con federate currency. She was no party
TO their issue, and has never recognized
them in any manner and form whatever.
There is no Court, Federal or State, that
would sssume jurisdiction to inforce them.
The holders are utterly without remedy
e%ept through the State powers OF NIr.
ginia. which che denies 10 them. Ny plan,
therefore, cOntempiatestwoo objects flTst-
To satisfy Virginia and relieve her from
the contingent burden OF these certificates.
SecoDd-TO FIX upon some amount ina,
will fairly repr. sent our Liability, and
mske that sum absorb these certificates.
Now the question is, what sum shall
West Virginia ~ upon ss the basis OF this
atrsugrment' 4 careful c0Hsideraftp4 ~
ell the elements entering into this
pIry and intricate question might lead 70
The conclusion tkat there Is nothing due
bv y .st Virginia. | cannot now enter into
those multifarious considerations, which
en- brace a history OF many years; stats
tics without number sacrifices OF STAT.
property during the Confederate war ana
sir &c, rtpudiElion Of so large part oil her
oV % Gebt, with many other social and po
itlrsI problems. But have read the re-
port Of 1871, and ! an disposed In
spirit OF couciliatiOn and justice, and after
n careful examination OF IL, TO terminate
condition OF things injurious 10 our state,
,ud TO adopt the results which our tlree
,tle and intelligent commissioners arrived
in The report and fix our liability at one
ui.I.ol dollars
How 10 Provide for H
How is thi4 10 be provided forT
by IN is.ueot three per cent bonds Tor
une million U! GO.iors, which issue oi
ocnds shall be 50 regulated that not one
,,Clisr OF thst a.. cunt can be delivered eI-
- q by sNsorbIng fifteen Of the principal
Of Ibofe deferred certificates. The preAmOie
OF such bill should be most carefully
guarded so as TO repel all idea that We are
in sny ysy responsible for the deferred
certificates, bat t5at we tender the entire
proposition in a spirit OF peace and concili'
stion 10 cloee this long delayed and vexa'
tiOus business"
What burden would such an arrange
ment impose upon our state
The payment OF $1,000 Q year 70 dis
charge the interest, and one per cent. 10
discharge the principal In 81 years, wo1ld
be all that would be TPquired-say siO.OO
per snnum and II will be perfectly feasible
and prsctiblP, bscIute this sum, withoot
I'M mposIng cent Of additional tsKstion upon
real or persousl property, or any oil the
pr,sent sources Of revenue, and By sdop.
ing q System OF indirect taTation that
would not affect the community 81 large,
Lut only those ynO received botne special
btn,ft from TIE Government, and would
cbrerfuIly pay the tax in Associstion OF
that tp.cisl b-usft 80 received. am per
lestly s.tisfied that new sources OF taxation
NAV he suggeEied that would opersts 20
iusily srd mildly upon those whom u
you'd effect, that oply q ANAL portion ol
The usople Of the State would be s.srs
that ". bad sssumed sny burden Whatever
additional 10 our ordinary annual STATE ex-
psntss.
Doing Justice 90 yirgisia.
Your plan seems plausible, bot why DO
Won make, a. part OF II, the absorption oil
The 1900. go certificates for which West
Virginia /, In no respect responsible"
simply as an act Gf justice 70 Virginia
II reI:syes her Of that contingent liability
without imposing any additional burden
upon NJ IL removes from her any posi-
bic motive 20 lend her name no those VINO
vculd annoy her by . suit IN the Soprsms
Court All she need care for 10 the extia'
gui.hment Of that contingent hAo'nJ,
and IL We can accomplish IL without onx-
den TO ourselves, We satisfy hsr ss eneseo'
aIIy. IL not more efsctuslly, than tns re-
I..,, promised her by tss syudIesss of
certificate holders-
The sunnftss % she ~ BaieAs~
But will the syndiess Of esftiaests
holders accept your plan Of ssttleEentf
mo. willingly and net imnsdistslJ.
They will struggle csyperst.iy assinsf Is;
but they are z:terlJ poserless. IhsJ can.
pct sue Virgins; they casnot sue Wes'
Virgins. upbdsd b Virginia, thsI hsv;
10 remedy whatever; sud afssr os,ef sna
| unayaiiipg stSoeels they viii aocept oai
proposition, aDA the whole mstaes vih p
| closed 90 eur part vs are pesssctiy seie
| Our bonds will remain In the Auditor
| ofbes without chsrzs ox iAtsfsst TO tn
Ssate until the csrtitcates are pesssnted 70
rsdenp,ion on the terms vs prescribe 70 .
them Let me hinstss.s, is oes5s1sa y!
nv own case: 1 bold 80 90 Of these Ger
\ t;se.,e.. tnat so1Id entitie me 70 Wss
Virginia bod Of ti,sSa With thss -
creditor ] you'd Be- coa.snt Bat ies. ?