The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1867-01-31
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THE GOVERNOR,s aIEssAGE-..No. ;,

| AAh %ONEhNOh'SA SAESSA6fE-s-NO. J.
The IntentIOn'Of tho Framers OF onr
West Virginia Constitution in the
Matter of Taxes---ApprOpFiati
and tha proper Financial Policy to
insure Prosperity for the State and
| Popularity for lhe Party in Power.
Editors IpteLtioencer:
Now the war is over, and the mill
tary exigencies, often straining to con-
stitutions, having passed, 1 propose to
recall. as well as I can, the true ideal
they adopted our present Constitution
in other words: what they meant to
accomplish and secure by it, and then
to consider whether the action of our
| public servants has conformed to that
ideal. All of US know the little re-
stralnt the Constitution of the old
| State imposed upon her Legislature,
which was practically nearly orquits as
omnipotsnt as the Parliament OF Great
Britain. There are few, if any, decis-
ions of her Courts, which have iuvolv-
| ed the question whether laws passed
by her Legislature, conflicted with her
| Constitution. And the reason has been
that her Constitution was so gen
eral and vague as to be incapable OF
being perceptibly infrinSed by any
legislation.
Many of the legal gentlemen in the
| Convention that framed our Constitu-
ton were very desirous to make IL
equally general and vague and COM
planned Often, and somestimes grew
ously, that the Convention was max
| ing code of laws instead OF e Consti-
tuition. There were others, however,
In the Convention, mostly gentlemen
unconnected with the legal profession
who had experienced the evils, oppres,
sions and corruptions that had been
practiced by the unrSstrained power of
the Legislature OF the old State, and
consequently, were earnest for impos-
| ing all restraints the case would ad-
| init, upon our Legislature, and limit
ing its discretion wherever practicable,
by fixing things certain and definite, in
the Constitution; SO that every citizen
can read that instrument and deter
mine for himself whether any of his
public servants had done wrong, or gone
beyond the limits of their power. This
last class was large majority in the
Convention, and hence came the pres
ent Constitutions copy of which eve
ry voter aud every boy who expects to
be one, should own and study, and un-
derstand and in my judgment, copies
of that, with the National Constitution
should be introduced and taught in our
public schools.
That majority in the Convention
meant, also, when they undertook to
tix and define matter in the Consti-
tuition, to have it done clearly and edec-
tUdLLy, and leave nOthiIl1 to be InTeYred
or guessed at, by the Legislature orpub-
lie officers of any description. AS for
instance, if they provided an officer
should receive a certain salary, as 81, 900
per year, or any other certain sum, theV
meant gust tOhGt they said, aud no more
nor Tess. If they had contemplated
giving him something more, as his
house rent or other emoluments, they
would certainly have said so, and 1OTit-
ten IL dOICrr in the Constitution; and the
absence of any such express provision
is conclusive evidence that the makers
of the Constitution did not mean to
give such officer any such additional
emolument, or authorize the Legisla-
ture to infer any such intent, from any
practice orcuStom heretofore OF the old
State, or any other State.
This majority that framed and the
people that adopted, meant also to erect
a governmental agency, if may be al
lowed the expression, and contine its
operations to making wholesome laws,
dttDGyS keeping lrithin the limits pre-
ScTIbed By the COHStitution-and faithful
ly and impartially executing and ad-
ministrating such laws. The pay OF
its principal officers was fixed at rea-
sonable rate; having regard to what
other States We're paying similar Off
GERS, and with an aim not to
fix them so high as to lead
citizens to believe they could make
more money, or do better for them
selves, by holding office, than they
could by remaining private citizens and
pushing vigorously their honest call
ing. 1t was designed merely to give
the people that amount of just and i'm
partial Government and restraint that
every community must have, and
leave it to individual and private enter
prize to develope and build up the
SERfn and hl for tho h1oSSiE1FvS
bestowed, rather than the burdens it
imposed, and such as should, from time
to time, be called To help administer
the government,w were expected to accept
the call, and leave for the time being
their private calling, not for the sake OF
gain, but from a sense of duty and hon
or. 1t was, not, therefore, designed to
be a charitable institution where un-
fortnnates without discrimination are
taken in and supported; nor disSolute
idlers, made up, or imagined lunatics,
nor such as neglect their own private
business TO attend to their neighbors,
or take care of the public generally, nor
political tricksters, bores and suckers,
the like of which have so shrivelled and
houeycombed the political carcass of
the old State-but nevertheless to
kindly care for the friendless pauper,
sane or insane, and other of her eiti-
zens afflicted with the latter malady,
lunatics' property, or by his relatives,
to encourage popular education and
sound morals, and restrain and reform
il possible, the vicious and dissolute.
Such am confident was intended to
be its mission. And hence 1t was dis
connected and divorced from all matters
of private enterprise and business, and
even from what is termed Internal Im-
provements, except to a very guarded
and limited extent-and leaves alIloc
matters to be regulated and controlled
by local authorities, such as counties,
cities and townships. They designed
that this State Government should be
supported by direct taxaIiouo of the peo-
pie, i'm partially imposed and to be limit
-eCfat all times 10 theactna1 Fants of the
State. as far as practicable, at TO time
gorging her treasury or leaving it
empty; that whenever extraordinary
amounts were needed with which 10
erect suitable public buildings, assess
and collect them, and that tue glory.
and wealth of the State should consist
in the ample competence and comfort
possessed and enjoyed by all her ciIf-
zens, rather han in u unnecessarily large
and snowy public buildings, fiIleti, as IS
usual in such cases, with many who
shirk their just duties in some way.
They designed that all moneys accru-
| ing TO the State from Whatever sources,
should be paid into the State Treasury,
and not a dollar OF it withdrawn with
out proper orders, and for the purpose
of paying some appropriation previ-
ously made by the Legislature; and
that all public officers OF whatever de-
nomination, were to be held to render
n strict account to the people for all
I've, HIala