Evening star., 1915-07-11

nm HE decision Of the Supreme Court
of the United States that the
state of West Virginia must pay
to the state of Virginia the sum OF
something more than $12.000,0OO as
West Virginia's share with interest OF
the net debt Of Virginia in 1861. marks
vitality important step, yet perhaps
not the last step, in one Of the most
momentous cases OF litigation in Amer
lean annals. 1t is a case which has
concerned the people of two states for
more than fifty years. has engaged
the legal talent of many of the brainy
and eminent men in the two states and
has cost fortunes in it's prosecution and
defense. The legal literature printed
in connection with This famous case OF
Virginia agt. West Virginia would
make a good sized library.
Before glancing at the history OF the
old and long dispute it would be fair
to bear in mind that West Virginia has
never disclaimed or "repudiated that
1T was her duty to assume part OF tne
debt Of the state OF virginia M leoi.
The ninth section of the ordinance pro-
viding for the formation OF the new
state of West Virginia contains the
following as to the assumption by
West Virginia of part of the pubic
debt of Virginia: :,
a just proportion of the public debt OF
the commonwealth of Virginia prior
to the first day of January. 1851: to pe
ascertained by charging to 1t all state
expenses within the limits thereof, ana
a just proportion Of the ordinary ex-
penses of the state government since
any part of said debt was contracted,
and deducting therefrom the moneys
paid into the treasury of the common,
wealth from the counties included
xrytk Iv
same period"
The contention between Virginia and
West Virginia was as to what consul
tuted "a just proportion Of the pubic
debt Of Virginia prior to the 1st day OF
January. 1861"
Gov. Letcher of Virginia issued
PROCLAMATION November Is. 1860. con-
vening the general assembly OF Vir-
ginia in extra session. The assembly
convened in the capitol at Richmond,
providing for electing members of
convention and to convene the same
The delegates to that convention were
elected February 4. 1861, and met at
1852 delegates. Of whom forty-seven
were from counties now included In
West Virginia. 1t was that convention
which adopted the memorable "ordi-
nance Of secession" which was entitled
AN Ordinance to Repeal the Ratiflca- :
tion of the Constitution of the United
states of America by the State of vir-
ginia and to Resume All the Rights
and Powers Granted Under Said Con-
stitution." This was one of the his
toric documents of the American peo-
pie. An important part of the ordt-
nance was that This ordinance shall
take effect and be an act Of this day
when ratified by a majority of the
votes Of the people Of this state cast
at q poll to be taken thereon on the
fourth Thursday of May next"
Before the ratification of the ordi-
nance Of secession by the voters OF
Virginia the state entered into tenn
porary convention with the Confeder-
ate states Of America. On the day of
the adoption of the ordinance by the
convention. the convention took steps
to enable the state to take possession
Of national property in Virginia, and
the state government took over the
Norfolk and Gasport navy yards and
the old and now customhouses at Nor
folk. It provided for state military
force, called Robert e. Lee to the COM
mand of the troops. elected FIVE repre-
sentatives to the provisional congress
of the Confederate states at Mont
somery, Ala: captured the federal
property at Harpers Ferry. took over
the customhouse at Richmond and abb
solved all citizens Of virginia from