The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1893-12-05
His Defense of West virginia's Pc
sition on the Debt Question.
BRIEF STATEMENT OF The MATTER
In~Reply, to Repeated Publications
Regarding the Organization
Formed TO snake n Settlement"
a History of tho Case-This State
Not Indebted to Virginia.
The following letter explains itself:
STATE OF WEST VIRGINIA, I
EXECUTIVE CHAMBER,
CHAkLEsroN, Nov. q, 1893. J

meuts concerning tho "West Virginia
debt" A statement in reference there
to recently appeared in your columns.
The statements are generally TO the
effect that powerful financial organiza.
ton has undertaken to settle the West
Virginia state debt" These statements
work vast injury to our state. The in
ference is that We owe debt which We
will not, or cannot, pay. That such an
organization has been effected is borne
out by the statements above mentioned
as we'll as by repeated demands for in
formation made upon this office.
This organization is composed OF
the owners OF part OF the
old Virginia debt, and its effort is
to saddle upon West Virginia the in
cubus OF state debt.
Every interest OF our statehood de-
mands that we should repel even the
Suspicion OF state debt with its ruin
GUS and plighting taxation and the in
separable burdensome accompaniment
OF o state debt. The state OF West Vir-
ginia neither in law or equity owes any
debt.
A brief statement of the question will
enable this to be seen.
In April, 1851, the state Of Virginia
seeded. In June, 1861, the convention
for the reorganization OF Virginia met
in Wheeling, and in August adopted
IAN ordinance to provide for the forma-
ton OF n new state out Of portion OF
the territory OF this state" Tho ninth
section of this ordinance provided that
1.-THE new state shall take upon itself
lust proportion OF the public debt Of
the commonwealth OF Virginia prior to
the first day OF January, 1861, to DO as.
certained by charging to it all state ex-
penditures within the limits thereof,
and a Just proportion Of the ordinary
expenses OF the state government since
any part OF the debt was transacted;
and deducting therefrom the monies
paid into the treasury Of the common
wealth from the counties included with
in the said new state during the same
period"
This ordinance was fundamental
md organic stipulation prescribed by
Virginia for our separation from her,
and upon compliance herewith the
people within the counties not known
as West Virginia were authorized to
form constitution. The people, act
ing under the provisions Of the ordin-
ance above mentioned, accordingly did
form q constitution, and carrying out
the conditions OF the ordinance, pro-
Vided in section eight Of the constitu-
ton that
"An equitable proportion of the pub
lie debt Of the commonwealth OF Yir-
ginia prior to the first day OF January,
1861, shall be assumed by this state;
and the legislature ahall ascertain the
same az soon as may be practicable, and
provide for the liquidation thereof by
sinking fund sufficient to pay the ac-
cruing interest and redeem the princi-
pal within thirty-four years."
/ repeat that the clause first above re-
ferred to is an absolutely organic stipu-
lation, the very basis OF our authority
for the states formation andinheres into
every germane enactment oil the state
whether constitutional or legislative.
It was approved by the people OF this
state, the Congress Of the United States,
the President acting under the law OF
Congress relating to the states admis-
sion into the Union, and was affirmed
by the supreme court Of the United
States.
Such being the case, the inquiry un-
der the ordinance and constitutional
enactments Hereunder is: What was
the bonded debt OF Virginia prior to
January, 1861. how much was contri-
buted by the counties now composing
West Virginia, and how much was ex-
pended within the limits OF tho terri
tory OF West Virginia?
The funded debt OF Virginia on Janu-
airy !, 1851, was S31, 77S,S67 SO.
The amount contributed by West Vlr-
ginla after deducting her proper
ton OF the expense oil the state
government wnS...,.,...............S j,S82,OOO W
The expenditures within West Viz
ginIR from 1872, (which was dateo
irst issue OF bonds in Nirginia) 70
January ], 1851 3,366,929 %
Leaving surplus OF contribution
over expenditures ot................. s b2j,070 Il
Thus it is seen that according to the
ordinance prescribing the conditions Of
settlement between Virginia and West
Virginia, that West Virginia is
not indebted to Virginia, but on
the contrary. West Virginia's con-
tribution is more than one-half millions
in excess OF tho expenditures within
her limits. This statement Of the case
is absolutely defensible at law, and at
the Same time perfectly just.
Such boing tho case, without any re-
gard to the fact OF the ordinance settling
the principles OF payment, and without
regard to tho fact that about thirty
millions OF this debt has been expended
in Virginia, making her one OF the seats
of vastsscommerce whilst Western Vir-
pinia sat in the shade OF her eternal for
eats and in the silence OF her undeyel-
oped mountains. Virginia in 1871 as
signed to West Virginia one.third of her
debt
This action was in the teeth of the
ordinance which provided that the
proportion Of the debt to DO as
sumed by West Virginia under the GER
tain conditions therein above set out
should be that part prior to January
the first, 1861. The legislature OF Vir-
ginia after compromising the debt sever.
al times, proportioned it as OF July, 1871,
making the whole debt and interest
SIS, rs, 112 % and set aside to West Vir-
ginia Sl5, 2S9. $40 "a, which with interest
would mako the colossal sum OF thirty
five millions as West Virginia's debt.
This was done without agreement or
settloment with West Virginia, and, as
YOU sec, not alone was the ordinance
absolutely governing tho settlement
ignored, but the ordinary and general
rules OF equity in such cases were disre-
garded.
Aplain statement without argumenta-
ton will illustrate this proposition:
In q settlement and division OF any