Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1886-01-30
Communicated.
To the General Assembsy ss Virginia


Improvements to develop what is now
West Virginia, and the bridges. roads,
and other improvements now used by
the people Of West Virginia represent
probably one-half Of the bon'ls so is.
sued.
.. That West Virginia was created
under an ordinance Of . convention
held at Wheeling in 1861, IN which
convention none Of the counties OF VIZ
ginia were represented or had a voice.
8. That, according to undisputed
principles Of international law, when
State is dismembered its common debt
is to be apportioned according TO the
territory and population. At the time
Of the dismemberment West Virginia
contained one third of the territory aud
one third Of the population OF the old
State. And, relying on this principle
Of international law, the persons who
had loaned the money which had built
the improvements in West Virginia ac-
cepted the proposition made by Virginia
BY her funding bill Of 1871 to this
eifect--yiz., that one third OF each bond
should he set aside as the portion OF the
common debt to be provided for IN ae-
cordspce with such settlement as should
be thereafter had between the two
States, and that until such settlement,
Virginia would hold the bonds TO the
extent Of one third as trust for the
benefit OF such persons. The result
was that after 1871 the holders Of West
Virginia certificates occupied this posi-
tioD-to wit: ID They had agreed TO
accept in full satisfaction Of ssid GER
tifcates whatever might be paid by
West Virginia, be it much or little
~ Virginia had agreed 10 bring about
settlement with West Virginia for the
benefit OF the holders Of such certif-
Gates.
Subsequent 10 the act OF 1871 the
United States Supreme Court rendered
a decision Virginia rs. West Virginia.
II Wallace Reports) which determined
that the ordinances Of the Wheeling
convention were obligatory on both
States, even although the counties now
comprising Virginia were not represent
ed. One Of the ordinances Of this con-
ventiOn declared that the proportion Of
the common debt to be assumed by the
new State shonld be ascertained. no;
according to the rule OF international
law. but should be ascertained By
charging her with the money expended
within her limits and crediting her with
the taxes which had been collected in
the different counties to comprise the
new State.
After this decision was rendered the
holders OF West Virginia certificates
were ready and wiling to accept, in
foil satisfaction Of all demands against
either State. whatever amount might be
ascertained by calculating the debt Of
West Virginia according 70 the ordi-
nances Of the Wheeling convention.
But the authorities Of West Virginia
have always declared both by repeated
resolutions OF her Legislature and by
the official utterances OF her public
officers that, while ready aud willing
TO do so. West Virginia was unable TO
adjust her proportion OF the common
debt unless q settlement wa first had
with the State Of Virginia, because. as
It was said. West Virginia liability was
directly TO Virginia, and not to the hold
ers OF these certificates. 1t was said ,hat
if West Virginia settled with the GER
ti.icate-hOlders Virginia might call for
second settlement. Hence Il has
transpIred that such part Of the CON-
mon debt Of the old State a is repre-
stnted by the Improvements which have
developed West Virginia remains en-
tirely unsettled. The holders Of the
certificates can make no claim on West
Virginia, because All al ustment must
first be had between the two states on
the basis Of the Wheeling ordinance.
1hey can make no claim on Virginia.
except that she perform the promise
made in ISL, and on the faith OF which
promise the bonds were surrendered.
The holders OF certificates well know
that the share Of the common debt to be
assume ed by West Virginia, when ascer-
tanned according 10 the Wheeling ordi-
nance, IS very much less than the one
third, but they also know tina; Virginia
Is not responsible for the difference.
The Wheeling ordinance declares that
the share Of West Virginia shall be a.
eertained as follows: She is to be
charged ~ with the expenditures by
the old State within the limits OF the
new State > she IS 70 be charged also
With a Just proportion OF the ordinary
expenses Of n, State government since
any part Of the debt was contracted.
She Is 10 be credited with the moneys
collected IN the several counties which
constitute the new State since any part
Of 1t was contracted.
Since the share Of West Virginia must
be ascertaLled according TO the whee
ing ordinance. II Is very evident that q
settlement between Virginia and West
Virginia cannot by any possibility be
affected by the debt legislation subse-
quent to the war. One third OF the
debt Il now represented by West Vlr-
gInI& certificates. and these certificates
identify the persons who are entitled to
receive what West Virginia may pay.
IL Is equally evident that settlement
between the two States Is very simple
matter. Ii Is simply matter Of clerk
work and calculation. The archives
in the Auditor office show exactly
how much money was expended within
the limits Of West Virginia previous
TO the war. These archives also show
what was the annual ordinary expense
OF the state government for each year
previous 10 the war. 4 Just proper
iIon Of such annual ordinary ex-
psnses =" Is to be charged to West vir-
ginia. These archives also show on
what day any part OF the debt existing
al the time Of dismemberment was Gre
ated. IL may require patient examina-
tlon Of old records % obtain the IN
formation which is necessary 10 state
the account required by the Wheeling
ordinance, but 1t Is evident that such
account must be stated without the
slightest reference TO anything which