WEST VIRGINIA. 



771 



and Blind, passed March 3, 1870. Providing 

 for the investment of the additional endow- 

 ment for the West Virginia University. Re- 

 lating to the education of colored children, 

 providing for separate schools where twenty- 

 five or more can be brought together. To 

 amend and reenact the 3d and 4th sections of 

 chapter 58 of the code of West Virginia, con- 

 cerning the West Virginia Hospital for the 

 Insane. Assessing five per cent, on all taxable 

 property in the State for the construction of 

 a Lunatic Asylum. To provide for a prelimi- 

 nary survey for certain railroads through the 

 State of West Virginia. To encourage immi- 

 gration, etc. 



Seven new railroads, with about as many 

 turnpike companies, were incorporated. The 

 financial condition of the State is as follows : 



Balance remaining in the Treasury, October 



1,1870 i $213,420 07 



Amount received during the year 573,588 19 



Total $787,008 26 



Disbursed for general State pur- 

 poses $377.101 98 



Disbursed for general school fund 247,581 04 

 Disbursed for school fund 33,697 48 



Total 658,330 50 



Leaving a balance in the Treasury, October 



I, 1871 $128,677 76 



Amount due the two school funds, October 



1, 1871 $185,168 40 



Deduct balance in the Treasury 128,677 76 



Balance due in the school funds $56,490 64 



This deficit is increased by some other items 

 to $77,753.58, and its origin is traced back to 

 the year 1867, for moneys borrowed from the 

 school fund, and left more or less unpaid in 

 the succeeding years to the present time. 



The condition of the debt of West Virginia 

 cannot be accurately known until her share in 

 the public debt of Virginia, in 1861, is deter- 

 mined. At the time of her organization the 

 following provision was inserted in the con- 

 stitution: "An equitable proportion of the 

 public debt of Virginia prior to January 1, 

 1861, shall be assumed by this State, and the 

 Legislature shall ascertain the same as soon as 

 may be practicable, and provide for the liqui- 

 dation thereof by a sinking fund sufficient to 

 pay the accruing interest, and redeem the 

 principal within thirty-four years." No action 

 tending to the apportionment of the debt was 

 taken by either State till the 18th of February, 

 1870, when the State of Virginia appointed 

 commissioners to treat with the authorities of 

 West Virginia. The Legislature of this State, 

 on their part, adopted a joint resolution on 

 March 3d of the same year, authorizing the Gov- 

 ernor to appoint three commissioners " to treat 

 with the authorities of the State of Virginia 

 on the subject of the public debt of that State 

 due, or incurred, prior to January 1, 1861, and 

 a fair division of the property belonging to the 

 State on that day." The commissioners were 

 appointed, but did not act, for reasons commu- 

 nicated by Governor Stevenson to the Legis- 

 lature of 1871. Thereupon this body again 



authorized the appointment of commissioners, 

 who were charged this time " to treat with 

 the authorities of the State of Virginia, and 

 also to procure the statistical information ne- 

 cessary to ascertain what is the equitable pro- 

 portion to be assumed by West Virginia on 

 the debt of Virginia prior to 1861." The Legis- 

 lature of Virginia, on the other hand, adopted 

 a joint resolution on the llth of February, 1871, 

 tendering to West Virginia the proposition of 

 apportioning the debt between the two States 

 by arbitration, the arbitrators not to be citi- 

 zens of either State, nor subject to the ratifi- 

 cation of the Legislatures of the said States. 

 The West Virginia Legislature declined to 

 accept the tender of arbitration, on the ground, 

 among others, that any adjustment of the debt 

 ought to be subject to its ratification ; inviting, 

 at the same time, the Commonwealth of Vir- 

 ginia to appoint three commissioners, on her 

 part, for the purpose of treating with like 

 commissioners heretofore authorized on the 

 part of West Virginia. 



These last commissioners were charged by 

 the Legislature with the duty of ascertaining 

 the amount of the debt of Virginia due, or in- 

 curred, prior to January 1, 1861, and were also 

 empowered "to adjust, award, and determine 

 upon fair, just, and equitable principles what 

 proportion of the said public debt of Virginia 

 should, in their opinion, be paid by West Vir- 

 ginia, and what part thereof should be paid 

 by Virginia subject, however, to ratification 

 of the legislative departments of the two 

 States." 



Governor Jacob appointed the three com- 

 missioners, and, after their acceptance, com- 

 municated the fact to the Governor of Virginia, 

 who answered, informing Mr. Jacob that he did 

 not feel authorized to appoint commissioners 

 on the part of Virginia to meet and confer 

 with those of West Virginia, by reason that 

 the resolution of the Virginia Legislature pro- 

 posing an arbitration for the adjustment of 

 the debt was intended to supersede the pre- 

 vious proposition of adjusting it by a con- 

 ference of commissioners appointed by the 

 two States respectively. 



Nevertheless, the West Virginia commis- 

 sioners proceeded, in the early part of Novem- 

 ber, 1871, to Richmond, where they searched 

 the records relating to the subject of their 

 mission. After protracted meetings held among 

 themselves, they prepared a detailed report, 

 which they presented to the Governor. They 

 state that "the funded debt of Virginia on 

 January 1, 1861, was $31,779,067.32, after all 

 deductions." 



With regard to the proportional division of 

 the debt between the two States and the prin- 

 ciple on which their proportional quotas are 

 to be determined, the commissioners take 

 notice that, in a paper written by a member of 

 the Virginia bench on this subject and pub- 

 lished shortly before, the writer concludes that, 

 " if a State be divided into two States, the debts 



