Daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1859-1865, 1861-12-14

Hampshire, Hardy, Pendlet0u and Frede-
rick, shall also be included in and cousti-
tnte part Of the proposed State, provided
a majority of the votes cast within the said
district, a. elections to be held for the pur-
Jose, on -, or If from any cause such
elections are not held on that day then ou
such other day as the Legislature Of Viz
giuia may appoint, and majority OF the
shid counties are In favor of the adoption
of the constitution I be submitted by this
convention and if a majority of the votes
in the said counties of Jefferson, Berkeley,
Morgan, Hampshire, Hardy, Pendletou, and
/ Frederick are not in favor oil forming part
OF the new State, bat \ majority Of the
votes in the counties OF PendletOn, HhmP-
shire, Hardy and Morgan are ia favor OF
/ forming part of the new State, then that
the four last named counties be included
ResOLcei, That the Couvention respect
fully request the General Assembly TO
make suitable provisions for holding the
elections mentioned in the preceding reso-
/, lutions.
Mr.. VAy WIKKLE offered the following,
which Was adopted:
Resolved, That the resolutions on bsuu-
dairy, rs passed by the Convention, be re-
committed 10 the Committee, with in-
structions TO report provision, to be in-
serted in tie Constitution, embracing the
substance of said resolutions, and fully de-
fning the boundaries of the proposed new
State.
The Report of the Committee on Funds
mental and General Provisions was taken
up for consideration The question was
on the adoption of the 7th section as
lamended The section as Rmepded was
thus reported by the Secretary.
RssoiVea That in all the elections by
H. Ia Nf shall he hV
M. soPsh moved to add, Except for
such local Offices as may by Law be direct
ed to be otherwise chosen"
Mr. SOFEH explained his reasons for
making the motion to amend, but alter
wards Withdrew Ehe amendment to allow
the section to be passed by for the present,
which was done.
The eighth section was then taken up
and reported by tue Clerk, explained by
Sir. Van Wrinkle, chairman of the commit
tee, and adopted as follows:
Section 8. No voter during the cOntinu-
ance of an election at which he Is entitled
to vote, OF during the time necessary aud
convenient for going to and returning from
the same, shall be subject 10 arrest upon
civil process, or be liable to attend any
court or judicial proceeding as suiIor, ja-
rur OF witness; TO work upon the public
roads; or, except in time of War or pnblic
danger. to render military service.
Tie ninth Section in relation to the
qualifications of Suite officers was passed
| The ten.h section was taken up, reported
lby ihe.Secretary, explained by the Chair
niau Of the Committee. and passed as fol-
lows:
Section 10. Every person elected or APP
pointed TO any Office or trust, civil or MILF
itaey. shall before proceeding to exercise
the authority or discharge the duties Of
the same, make oath or affirmation that lie
will support the Constitution of the United
States aud the Constitution Of this State ;
aud every citizen ofthis State may IN time
of war, iusnrrectiou or public danger, be
required BY law to make the like oath or
affirmation, upon pain of suspension of his
right of voting and holding Office under
this Constitution.
The eleventh section was also pass ed b y
aud the twelfth reported by the Clerk an d
adopted. rs follows:
Section 2. The Legislative, Executive
and Judicial Departments of the GOvern-
ment shall ba separate md distinct
Neither shall exercise the covers properly
belonging TO either of the others. No
person shall be Invested with, or exercise
the powers of, more than one of them at
tue same time.
Section thirteen was then reported by
the Secretary as follows;
Section Is. Treason against the State
shall consist only in levying war against IT,
| or ia adheriug to its enemies giving them
aid and comfort. Every attempt TO justi-
fy and uphold an armed invasion of the
State, or an organized insurreetiOn within
the limits thereof, by publicly speaking,
writing or printing, or the publishing OF
circulating of any such writing or printing,
during the continuance of such invasion or
insurrectiOn, shall be deemed an adhering
to the enemies of the State. Treason shall
be punished, according to the character OF
q she acts committed, by the infection OF one
or more OF the penalties of death, tmpris-
Onment, fiue, or confscation Of the real and
personal property ct the offenderjlas may
be prescribed by law.
Mr.. YAN WINKLR made some remarks by
way of comment on this section, aud ex-
pressed the opinion that there was no such
thing as treason to State.
He was replied to by Ar. Brown of Ka-
uawhn, who cited the John Brown Raid as
nm instance.
Considerable discussion between these
two gentlemen was elected Mr.. Parker
also gave his views on the subject OftreasOn,
averring that twas the FIRST time be had
ever heard there was NO such thing as
treason against a State.
Mr. HALL of Marion, expressed q wish 70
speak upon the section, and rs the hour
was lateh he moved an adjournment which
prevailed