The advocate. [volume] (Charleston, W. Va.) 1901-1913, 1908-01-30
1 /! gpyocATE

| MISREPRESENTATION = lntS state Al6C
IA s4&esli VcoHg4HEfed answer to the bill
OF iNirgtgta% This bill will answer
! me 'unG9uHGaq assertion - that this'
state nsyeettDok any action to settle
her LIABILITY With Virginia; ana alsos;
shows It t,t&besa fact that Virginia
J brought ssuit in the supreme
court under gee mept WIZ the Ger
tihcate h9MsfB8that she was, to be-
ia pie u. Is forssfs costs or expenses
: thersb court costs: ~ and
B that The Eiti not brought until
}Etrginta had 6eyerak times adjusted
the part of%!tle; debt she voluntarily
assumed YRy8&Was released from any
further lfabMftg. The phase OF the
ntroVsrsS nov before the supreme
court la tfSMOtion Of Virginia for!
an order sSaRPolnting a referee to
state, the HSS6Nnt between the two
States. { =. - .,...E..E nv.
f. The c0nYsnNon OF the restored
sovernme1lt Virginia of August,
1851, lcoplposed Of delegates from
those. eouinAHQf Virginia which re-,
fused to 9kSfloW. Virginia into the
4 Southern &0nfederacy) in authoriz-
ing the ! ination of the State of
| West rVig.gtM3skSO Out Of the territory OF,
Virginla, tfbnlated that the propose
ed new stata& SHOULD pay&a, Just pro-
portion dftha public debt of Vir,
GINA existtngssson the first day of
Japuary +. SIS61,x and prescribed the
mode wherabNtthat portion WAS to
be ascertainsd This was done In
section tof that ordinance, sas fol-
lows, t;;zzEE55s s :. {, = -.
/ ~. The new state shall take up
on itself q stjngt proportion ST: the
public tdebt%ef*fhe commonwealth of
! Virginia prioFto the first day Of Jan
uary, l861ast0t be ascertained by
charging f6sAitaall state expenditures,
Within the limits thereof, ana a just,
proportior nEsthe ordinary expe1 g.:
es. OF the state government, since
any part uf@saH debt was Contract
cd; and ,kaeMGaing therefronls the
moneys paHsS dhto the: streasury of
the comnionWealt from the scoun-
ties Included SsWithin theAsaid new
state during same period All
private, rights and interests in lands
within thsef peoposed state, deriyed
|
such sepafetShn shall afemainE valid
and securaSf nader the laws Of 1.-THE
proposed state and shall be deter
l-mlned by tha2laws now existing in
the state of5Nirginia." >.'..E~JZ
! Of the same ordinance section, ] O.
provides ,that34 .',. H.. =.
I . 10. When the general assem-
EDly ShailF8fYGsfdtS consent to the for
nation OF 'tRach new state, it; shall
forward to $thR congress Of the Unit
ed Statesy .silsh consent, togetehr with
] an" oltlclaf c5py Of such constitution,
| with the#<request that the said new
state mays bes admitted in the union
Of states. IN 3stgS -"
I The first constitution of West
virginia q, V adopted ,s5n !, November
i I86 sXiaed ;;t $s conformity
4 sso of th& ora IN frs sstc
ltion soft article s, Dis follows: 7
49,: San xequitapie proportion r of
the public debt .%oEs the Common
twteaallth, ,Sf.% Virsinia5S prior to the first
cay oftJanuary in the year one thou
sand eight hundred and sixty-one,
/ shall be assumed bS,t this State; and
Eths 4iegfala sllal $<3ascertain the
same as, soon 'as may be practicable,
and provide To- the liquidation
| thereof, by a sinking fund sufficient
| TO pay the accruing interest, and re-
deem, the principal within. thirty
four years. :
The Legislature of Virginia gave
| It's consent to the formation of West
| Virginia under this constitution by
an act passed Mays13, 1862, and Pc
| tltloned Congress to- admit the State
into the Union under the constitu-
ton containing the >section (section
Of article 81 above quoted, where
by the Legislature Of West Virginia
| was agreed upon as the tribunal to
| ascertain the amount Of the debt.
| Nothing, Of course, could be done
| until the close. OF the Civil War.
Soon after that, Virginia brought
suit against West Virginia, in the
Supreme Court of the United States,
| to recover Jurisdiction of Berkeley
and Jefferson counties. While this
suit was pending mo. settlement could
be made, because until the boundary
Of the new State was fixed no state
Ement Of the account could be made
under the terms Of the said ordiA
nance. nor coufdi d settlement be
made on the contention Of Virginia.
which was that. West Virginias
share should be ascertained accord
ing to the population and territory
Of West Virginia compared to those
Of Virginia. 1t is> evident that the
respective territory and population
Of the two states could not be known
until the suit in the Supreme Court
was ended. ~.
This suit was not ended until
March I S71 when 81 WOO do,i1oa L.,