Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1872-02-20
Spirn Of Aefffersoll.
Charlestown, W. Va, February20, '72.
CONSTITUTIONAL CONVENTION.
Report of Committee Oh Bill Of Rights
and Elections.


and Elections.
The committee on the Bill of Rights and
Elections, to which the consideration of the
first, second and third articles of the Consti>
tuition, together with various resolutions, were
referred, have had the same under considera-
tion, and beg leave to submit the following
report:
ARTICLE THE STATE.
L. The State of West Virginia is, and shall
remain, one of the United States of America
The Constitution of the United States of
America, and the laws and treaties made in
pursuance thereof shall be the supreme law of
the land.
2. The territory of the following counties,
formerly parts of the Commonwealth of Vir.
glnia, shall constitute and form the State of
West Virginia, viz:
The counties of Barbour, Berkeley, Boone,
Brax.on, Brooke, Cabell, Calhoun, Ctay'
Doddridge, Fsyette, Gilmer, Grant. Greens
brer, Hampshire, Hancock, Hardy, Harrison.
jackson, Jefferson, .Kanswha, Lewis, Lin>
coin, Logan, Marion, Marshall, Mason, Nc
Dowell, Mercer, Mineral, Monongalia, Mon
roe, Morgan, Nicholas, Ohio, PendIeton,
Pleasants, Pocahontas, Preston, Putnam,
Raleigh, Randolph, Richie, Roane, Summers.
Taylor, Tucker, Tyler, Upshur, Wayne. Web,
ster, Wetzel, Writ, Wood and Wyoming
The State of West Virginia includes the beds.
bank and shores of the Ohio and Big Sandy
rivers-formerly included in the Common
wealth of Virginia-and all territorial rights
and property in, and jurisdiction over the
same, heretofore reserved by and vested in
the Commonwealth Of Virginia, are vested in
and shall hereafter be exercised by the State
OF West Virginia. And so much of the said
beds, banks and shores as lie opposite and ad-
joining the several counties of this State Shall
form part of said several counties respec-
lively.
s 3. The Legislative, Executive and Judicial
Departments of the Government shall be sep.
arate and distinct. Neither shall exercise tile
powers properly belonging to either of the
others. No person shall be invested with or
exercise the power of more than one Of them
at the same time.
4. Writs, grants and commissions issued
under authority of this State shall run in the
name OF, anu official bonds shalt be made pay
able to the State of West Virginia. Indct,
ments shall conclude against the peace and
dignity of the State of Vest Virginia.
D. All persons residing in this S ate who
were born or naturalized in the United States
sha! he citizens of this State, but no person
in the military, naval VI marine service of the
United States shall be deemed resident of
this State by reason OF being at;oned therein
q. Every citizen shall he entitled to equal
representation in the government, and in all
app0rtionments OF representation equality of
numbers OF those entitled thereto shall as far
as practicable be preserved.
ARTICLE II-BILL OF RIGHTS
l. The power of government resides in all
the citizens of the Sfstc, and can be right.
fully exercised on y in accordance with their
will and appointment.
2. The privilege of the writ of AaJeas
corpus shall not be suspended. No person
shall be held to answer Tor treason felony or
other crime not cognizable by justice. unless
on presentment or indictment of grand jury.
No bill Of attainder, re post fucto law, or law
impairing the obligation of a contract, or hav
Ing retrospective operation or effect, shall be
passed.
B. Excessive bail shall not be required, or
excessive fiues imposed or cruel an Unusual
punishments Inflicted. Penalties shall be pro
portioned to the character and degree of the
ofiense; nor shall any person be transported
out OF the State for any offense committed
within the same nor shall any person be cem-
PEELED to be a witness against himself, or be
twice. put in jeopardy for the same offense.
The right of the citizens to be secure in
their houses, persons, papers and effects
against unreasonable searches and seizures,
shall not be violated. No warrant shall issue
but upon probable cause, supported by oath or
attirmatlon,- and particularly describing the
place to be searched, and the persons and
things to be seized.
5. No law abrdging freedom Of speech or
of the press shall be passed ; but the Legis-
lature may provide for the restraint and pun>
ishment of the publishing or vending of oh,
scene books, papers pictures, and of libel
and defamation of character aud for the re-
covery in civil actions by the agyrieved party
of suitable damages for such libel or defama>
tion.
e. In prosecutions and civil suits for libel
the truth may be given in evidence and if it
shall appear to the jury that the matter
charged as libelous is true, and was published
with good motives aud for justIfable ends, the
verdict shall be for the defendant
Z. Private property shall not be taken or
damaged for public use without just compen>
sation, nor shall the same be taken OF damaged
by any company incorporated for the purposes
OF internal improvement, until just compen,
sation shall be paid to the owner; and when
private property is to be taken or damaged
for public use, for the use of such corpora
tions, the compensation to the owner shall be
ascertained by an impartial jury of twelve
freeholders in such manner as may be rre>
scrbed by law.
s. No person shall be deprived of life,
liberty property without due process of law
or the judgment of his peers; nor shall any
religious or political test oath be required as
qualification to VOTE serve as juror, sue or
be sued, plead or be implicated, or pursue any
profession or employment.
8. The military shall be subordinate to the
civil power. No soldier shall, in time of peace,
beauartered in any house without the consen,
of the owner nor in time of war excent in