Year: 1871

given assurances that if upon such ad


iustment the State was found liable 70
any portion thereof prompt provision


would be made for it's payment. Blu


whether the payment should be mad


to the Commonwealth Of Virginia, Of
directly to the creditors of Virginia
must depend upon the conditions of tn,
settlement which may be agreed upon


AS early as August 90. 1861, the Con
vention for the reorganization Of th'
Government of Virginia, then assmblet
at the city of Wheeling, passed can OF
dinance to provide for the formation o
new State" &c, the 9th section o
which provides that, "The new Stat
shall take upon itself a just proportion
of the public debt of the Common
wealth Of Virginia, prior to the first da,
Of January. 1861" From this it will
be seen that in the very first movemen
towad the creation Of the new State, {
movement commenced and controlled
bv the counties now comprising Wes
Virginia, it was made Fundamental
condition that it should take upor
itself just proportion Of the public
debt"


When the State was organized il
provided in its Constitution, Article
VIII, Section s, that, "An equitable
proportion of the public debt Of the
Commonwealth OF Virginia, prior tc
the first day of January, in the year on
thousand eight hundred and sixty-one
shall be assumed by this State; and the
Legislature shall ascertain the same az
soon as may be practicable, and provide
for the liquidation thereof by sinking
fund sufficient to pay the accru
ing interest, and redeem the
principal within thirty-four years. u
II attempts at settlement have
been delayed from the time this provis
ion was inserted in our constitution
until very recent date, the cause is
a very obvious one, and is stated here
more in sorrow than in anger" Fir
ginia cast her lot with the Southern
Confederacy; and during the unhappy
strife which followed, and for several
years after it closed, the relations Of
that Commonwealth with the United
States and each Of then were severed
and her functions as State, including
ability to contract, suspended. No
adjustment, therefore, could be made
until her full and complete restoration
to the Union. II for this reason, the
settlement between the two States was
postponed, and the credit OF Virginia
suffered thereby, it is her misfortune
not our fault.


The Governor expresses the hope
that measures may be promptly inau'
gurated by the new administration OF
West Virginia, "tor the speedily and
final adjustment Of the differences
existing between the State it controls
and the old mother Commonwealth,
from whose side she was torn without
even the semblance oflaw or precedent.
sincerely hope you may, in your wis
dom, devise some plan for "the speedy
and final adjustment" mentioned by the
Governor of Virginia, even if you should
not regard his affirmation in reference
to the origin Of West Virginia as con-
elusive, or the language which he
selects to enforce it the most persuasive.
As to the mode of settlement, the Gov
ernor says LET each State select one
disinterested arbitrator, and the two
thus selected, a third, to whom the
whole subject shall be submitted, and
their finding to be final and binding
upon the two States. This is fair and
equitable mode of adjustment, and il
rendered by you, | cannot but believe
that West Virginia will promptly
accept it. If she refuse, you will have
the satisfaction of knowing that you
have exhausted all honorable means to
obtain a settlement, and then you will
be amply justified in seeking your
remedy through the only instrument
ality remaining to you-the Supreme
Court of the United States" >" This i:
to say, if our State refuse to accept the
mode Of settlement named by the Com
monwealth Of Virginia, then that State
will be amply justified in seeking hel
remedy in the highest judicial tribunal
in the country. | do not think the
Legislature should be influenced either
to adopt or to reject the plan Of settle.
ment by arbitration, because Of tht
somewhat positive style in which it il
here urged. II you should decide il
favor of some other mode, there is nc
good reason to apprehend that, in con
sequence, resort will be had to lega
proceedings; nothing has transpired yet
in relation 10 this question, nor is any
thing likely to occur soon, if wise
couusels prevail, that will justify Vir
ginia and West Virginia in sacrificing
friendship and money in a costly law
suit If our State is found to owe any
portion of the public debt after fail
adjustment, it will be paid to th'
uttermost farthing. But the author
tiles Of Virginia may as wei
understand that we will not be driven
by a menace into any arbitrary plan
of settlement.


In my last annual. message to thu
Legislature l said: Heretofore th'
unsettled condition ofaffairs in Virginia
growing out of the war, has prevented
any settlement of this question by the
authorities OF the two States; but a.
the relations Of Virginia with the Fed
eral Government are likely soon to b
fully ::restored, I am of opinion tha
steps should be taken looking to ar
early adjustment Of this debt upon fail
and equitable terms" Soon after, as
anticipated, the State was restored t
her place in the Union, and within 8
few days preceding the close Of th'
last session Of the Legislature, thre'
distinguished eitizens of Virginia, ap
pointed by the Governor of that State
came to the seat Of government to con


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