Page:United States Reports, Volume 209.djvu/556

 530 OCTOBER TERM, I7. for  09 U. 8. meet all the luiremente of the oi-nce. It was me  of the constitution. The inconsistent attempt to eliminate the oDinanco from the case--the present posture of counsel for Virgi'nia--is in order that the ordinance may be elimlnal, and �of the first constitution is to be construed as the assumption by the new State of an equitable proportion of the public indebtedness of Vinla prior to January 1 , 1861, upon the basis of population and territQ. ry. Such cannot be the law of this case. The �assembling of the convention was an acceptance of �of the by no means the least important of them, of Virginia's eonsent to the erection of the new State out of her territory. The suggestion that �of Article 8 of the constitution lt no reference to �of the ordinance, assumes that the new State was taking upon herself an equitable proportion of the public debt of. the Commonwealth of Virginia prior to the first day of January, 1861, without definition or understanding as to the basis upon which it was to be ascertained, therefore leaving open the vital question as to what would constitute an equitable proportion, for future adjustment between the two States. This is not to he believed. The debt of Virginia on January 1, 1861, was doubtless well known throughout the State of Virginia. It is alleged in the bill that about $33,000,000 of it were incurred in connection with the construction of works of internal improvement. If it had been the purpose of Virginia, in requiring as a condition of her assent, the assumption by the proposed new State of an equitable proportion of the public debt without specifica- tion as to the manner in which, and the basis upon which that proportion should he ascertained, it is inconceivable that the language of �of the ordinance would have been what it was, and that the language of �of Article 8 of the constitution would have been what it was. It wa entirely for V'rginia to dictate the terms, and if it had been her purpo to require an assumption of the debt upon the basis of territory and popu-

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