The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1915-03-31
Wednesday. March 81, 1915.
A SUSTAINED POSITION

tooh the posiuon That the state OF
Virginia had no right to institute
the action Il brought before the SUI
preme Court OF the United States.
and that the Supreme Court was with.
out power TO enforce the collection OF
the sum IL might adjudge was due the
cid State by West Virginia. Il also
urged the authorities OF this State TO
resist the payment OF any judgment
experiencing to West Virginia her
share OF the old debt OF Virginia be-
fore the creation OF the new State. n
IL was settled in its conviction that
Its position was right at that time.
The Intelligencer Is now more firmly
convinced OF the justice Of its conten-
tions when II finds itself supported by
no less a distinguished authority than
Alexander Hamilton. one OF the great.
est eNpounders OF the Constitution.
There could not be any clearer sus-
tension OF the ground taken by The
Intelligencer than the following quo
tation from Mr. Hamilton's paper ap-
pearing in the Federalist. entitled:
Divisions of the Judiciary" AIr
Hamilton remarks that 1T has been
suggested that an assignment of the
public securities OF one State to the
citizens OF another would enable them
Ia prosecute that State in the Federal
courts for the amount OF those Sc
curities." which apprehension, he
added. "the following considerations
prove TO be without foundation:
1t is inherent in the nature of SOW
ereignty not to be amenable to the
futt OF an individual without its con
sent. This Is the general sense and
TIE general practice OF mankind: and
the exception, as one of the attributes
Of sovereignty. Is now enjoyed BY the
government Of every State in the
Union. Unless. therefore. there is a
surrender OF this immunity in the plan
OF the Constitution IL will remain with
the States. and the danger intimated
must be merely ideal The circum-
stances which are necessary 10 pro
duce an alienation OF State sovereign.
~ were discussed In considering the
article OF taxation. and need not be
repeated here. recurrence 10 the
principles there established will salts
~ us there Is no color to pretend that
The State governments would by the
adoption OF that plan be Invested OF
the privilege OF paying their own debts
In their own way. free from every
constraint which flows from the obll-
cations Of good faith
THE contracts between "a nation
and individuals are only binding on
the conscience Of the sovereign and
have no pretensions 10 a Compulsive
force. They confer no right % action
independent Of the sovereign will. To
what purpose would q be to authorize
suits against States for the debts they
owe? How could recoveries be en-
forced? u IS evident e could not be
done without waging war against the
contracting States. and 20 ascribe to
the Federal courts b. mere implica.
lion and IN the destruction OF a pre-.
existing right Of the state govern
ments, a power which would involve
such consequences would be sltogeth-
or forced and unwarrsntable"
n Alexander Hamilton had been
writing with reference 20 such q case
IN mind as the Virginia debt contro-
versy he could not have given greater
weight to the propriety OF The Intel
ligeneer's attitude than In HE solution
o. the speculative proposition no die.
cussed In the fret place West Wiz.
rinia has been no party 10 this suit
but was forced into court by virginia
Practically Virginia ls SUING for The
holders o. West Virginia certificates.
and not Tor a1 honest adjustment Of
any debt that may be- owInr her hv
West Virginia. The IuteIIiserrer held
that West virginia was not liable 20
be- sued. and that mo- authority was.
lodsed In the supreme Court to GORGE
rer into payment ~ any iudrmsrf 70.
might give In favor ~ tho ola sfata.
Sironar contcnding that Wsu yrr..
sinia owes M 'suoh sum ss that arbt.
tfariiy assigned o. by virginia. The.
Intsnlgencer rstsratss that rf Is .be.
duty Of tbs STATE 20 resist 90 the ut..
nos, any Dsyuett lb.l Sc shau hs7s.
bssa founo that The Supreme court.
be- The Dovr 90 enforce &c. power
ths' 20 fEr hss not been discovered
Further i- believes that 20 any ss.Te.
.ment 10 made 20 vm ba rhrou-b ua.