The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1872-04-16
dheGatsIIigysEala111,
mn NEW CONSTITUTION.

M. i h. me- to congratulate your reader
a., H tSs taxpayers Of the State upon sa'
ana ,H Sls d tic laboB OF the CotStitu
s ;ionaI Convention and lis final adjourn
ment. ..,,,, n ,ho,r labors vii
:. ~ Sdeauute compensation for tue ex !,
! 10 WHOM has been incurred, anu y
ps 1I n he incurred in putting the NV NV
JJonsGtutIon In operation, Is a quesuOi
hat L now TO be determined by 'nc P'O'
plG 0 ~ Mn TO the vote bywhIch the con
.,t"tIon was adopted In conVenIlGn
!. can hardly DO supposed there eau .S u
Snv doubt about It's ratification W sn'
neople' Sin, to enable the people 70 I un
Ssr1tSnd ne subject and vote Intelligent
= on Ia adoption or rejection, tits proper
y. III ~ rrSyisions should DO criticised
sae' e " through thopress. /, !.
uu A. Examination Of the provisions oil tht
no a. Constitution, compared with the
n Nc" viii show that, in the opinion o
ihS convention itself, there were no slcl
ieIeCts In the present constitution as Jus
,ded The call OF q convention.
Il d now perfectly apparent mat the
rial incentive to the call Of tho Oonyen
lion was 10 obtain a new deal Of the Stat
Silces before The terms Of office OF III
Dreseut incumbents Of the offices wouIC
exDlFe under the present Constitution.
The only essential change in the work
inc machinery oil the government, Is tne
provision In relation to county organlz.a'
lions. And In that reSpectit Is made In.
finitely worse than II Is under the present
Constitution. lido not, however, propose
to examine tho matter Of county organs
zaliops at this time. l will remark 10
psslng, however, that the Convention
sectned TO be aware that the proprietY OF
lLe change was so questionable that they
were not willing to submit 1t in It's naked
deEormity to q vote Of the people, but In:
serted q provision that any county that did
not want II, need not have 1t, but might
have any organization that suited them.
But | propose now only to look at some
of the aopeltieS that are found IN this Con.
stitution, which are undoubtedly original,
and are not 10 be found In any other Con-
stitution or form Of government known
amongst men. slisf,L
Sec. Sot Art. / Of this Constitutionpro.
vides that "the provisions Of the Constitu.
zion Of the United States and Of thi estate,
"Nre operative alike in period Of war as
"iD time Of peace, and any departure there.
"lrom or violation thereof under the plea
"or necessity, or any other plea, In sub
"Veniye Of good government and tends to
anarchy and despotism." & -rIa5El
There shall be no martial law In the
State, even In time Of war, no matter
how iminent may be the danger OF the
overthrow or subversion Of the govern.
ment Of the State. sss.Er'
The tenth section Of the bill Of rights
provides that mo person shall be depriy2
ed Of life, liberty or property, without
"due process Of law and the judgment Of
peers"
Take these two provisions together and
what is your Constitution in time Of war?
A soldier or regiment Of them in the
presence oil the enemy conclude the loca.
ton is unhealthy, and march OF from their
and 30 home. What is to be
done about it? You can not order out a
brigade TO bring them back at the point
OF the bayonet because that Is depriving
them Of their liberty. And bayonets are
not due process Of law"
A soldier Is arrested and put in the
guard house, for mntiny, disobedience OF
orders or some other military offence. lie
may go to a Judge Of the County Court,
gets writ Of hdbeds corpus, and be dis
charged from his imprisonment. An ar.
my Is on the march in sucha civil war rs
We have recently had, amongst hostile
population in IN enemy's country, and
gets short of supplies. The people of
the country wont sellanything even il the
quartermaster had good money 10 buy II
with, because they arc hostile. What is
TO be done about It? You must 20 t0!a
Court, get q writ OF nd gtt0d tlaasnHnl, call
a jury, and condemn it for public use.
Skillhl lawyers will take exceptions
and objections, and interpose delays, and
IN the meantime the army must staryc.
You can take no prisoners Of war because,
a battle Is not due process OF law,n with.
out which a party cannot be deprived Of
bis liberty. .E@ In 5ar 10 81,
There were many members Of that Con.
Vention who knew perfectly wellthat the
constitutional guarantees to person and
property, could not by any possibility be
applicable 10 state OF war. That they
were wholly inconsistent with state
oil war. Ii We should ever be engaged in
another war, the provision would Of
course from necessity have to be violated
and disregarded. But at the end of such
a war, what would be the condition Of the
Officers and men who had been compelled
10 violate the constitution in the progress
OF military operations? They would be
subject to action for damages by every
man they had imprisoned, tor every artf.
Gle Of supplies that they had taken Tor the
support OF the army. It will be observed
!AAt the extraordinary provision contained
10 The 18th sec. oGthe 9Th Art. of the Con.
SlituliOn could afford no protection in such
scase That only applies to the late war
between the United States and a portion
o. 'he people thereof, and can have no
application to future wars, Its marvel.
Gus that so intelligent a body should have
Tolerated so absurd q provision in a State
constitution. And 1t will be observed
mat there Is no provision in the Constitu.
uoh contering any power on the military
either in peace orin war.
but this provision shows The ani,nu,
~ which the convention was influenced
a ~ controlled, Many Of the members OF
!le Convention had been made amcnable
! y! war power Of the government dur.
HS tae late rebellion. So
whether this was a mere exhibitionlof
Moelmalice, or whether these gentlemen
Soooasemplale another rebellion, Ut The first
s .o opportunity, and were desi.
i rus 70 throw au anchor to windward for
Sety against a coming storm, every man
uqs Judge for himself 80
DuI when we consider that the ordiua.
war powers Of a government arc only
; ,auAOie 10 the government and those act.
llg under its authorize onj oS.o ,,,oi''T,s