The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1872-01-01
From the Berkeley Union.l
VIZ. Fauikner's Plan fora New Con
IstitutiOn for Our State.


i In our last issue we referred to- ru-
NOR which had reached our ears that
| Mr.. Faulkner was engagedin preparing
a plan or draft Of Constitution to be
submitted to the Convention, and we
expressed the hope that he would have
it published before he went to Charles
ton. We have since learned that this
rumor was correct, and he designed to
have had it printed in pamphlet form
before the meeting OF the Convention,
but that his multifarious duties have
prevented its completion in such form
as to have it printed as pamphlet be-
fore his departure from this place. He
has kindly offered us the opportunity
of seeing the manuscript, and we shall,
for the benefit of our readers, present to
them such portions OF it as we thought
may interest them.
The first article is headed Relations
to the Federal Government" and em-
braces four sections. We give the first
section:
|. The State of West Virginia is,
and shall continue to be, one OF the
United States Of America. The peo-
pie of this State recognize the Consti'
tuition OF the United States, and the
laws and treaties made in pursuance
thereof as the supreme law OF the land.
Whilst thus recognizing the supremacy
of the Federal Government within the
prescribed sphere OF action, they never
theless hold that it is a government OF
enumerated powers, and that all pow
ers not delegated 10 it, not inhibited to
the States, are reserved to the States or
to the people thereof. Among the pow
ers so reserved by the States is the ex-
elusive resignation of their own internal
government and police, and 1t is the
high and solemn duty OF the several
departments Of government created by
this Constitution to guard and protect
the people of this State from all en-
croachments upon those rights so re-
served.
The other actions define the rights OF
the citizens OF this State as citizens OF the
United States, declare the guarantees OF
the Constitution to be as immutable and
inviolable in a period Of war as in peace,
and provide for the representation OF
this State in Congress in accordance
with the second section, fourteenth
amendment OF the Constitution Of the
United States.
The second article headed "The
State" embraces seven sections and sets
orth the bounda les and counties OF
fhe State, our rights over the bed and
thores OF the Ohio river, gives to the
sales.--future power to acquire add
tionaI territory, prescribes the princi
pies of representation, defines treason
against the State, and declares that
neither slavery nor involuntary serv-
itude shall hereafter exist in this State.
The third article, containing the bill
of rights, embraces nineteen sections.
We will onl y extract a few of them
now, such as are not embraced in our
present bill of rights.
3. No citizen OF this State shall be
disfranchised or deprived of any Of
the rights or privileges secured to any
citizen thereof, unless by the law and
the judgment Of his peers.
Il No person shall be imprisoned
for debt in any civil action on mean
or final process, unless in case of fraud.
If. No distinction shall ever be made
by law between aliens and citizens, in
reference to the possessions, enjoyments
or descent Of property.
-. No retrospective political test
oath shall ever hereafter be imposed
upon q citizen OF this State, nor shall
any oath be required as qualification
for office, or as the condition Of suffrage,
but such as is prescribed by this Con-
sttution.
10. The military shall be kept in
strict subordination to the civil power,
and no citizen, except such as are en-
gagged in the military service of this
State, shall be tried or punished by any
military court for any offense that is
cognizable by the civil courts OF this
State.
The fourth article retains suffrage as
it now exists, extending it to all male
citizens without distinction Of color,
preserves the present qualifications for
office, provides that the vacancies there
after to be filled by the Governor shall
not extend to the unexpired term, but
to the next general election succeeding
such vacancy. 1t submits to a separate
vote OF the people whether they will re-
tain the secret ballot, or have the open
ticket, or viva voce mode Of voting.
Article fifth provides for twelve sena.
torial districts, two Senators to be elect
ed from each district, and a house of
delegates of sixty members; it provides
for biennial sessions, and sessions linn
tied in duration to forty five days, with
provisions for special sessions when ne
cessity demands it. This will secure 10
Jefferson aud Berkeley their present
representation in the House of Dele.
gates, and by the addition of Morgan
to the district, their present senatorial
representation. 1t imposes stringent
limitations upon legislative power, and
among others embrace the following
sections:
10. The Legislature shall provide by
general laws for all cases where legisla-
ton is proper; and no special law shall
I be enacted where general law can be
made applicable. 1t may confer on
the courts the power to grant divorces,
and direct the sale of estates belonging
to infants and other persons under legal
, disabilities, and persons holding prop
,, erty in trust for charitable use, but shall
! not by special legislation, grant relief
in such cases, or in any other case of