The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1872-05-07
The Proposed conEsitution for West
Virginia: ..
nRrnp, Iba pa1,lr,o.o Ar,a,laanN TOO 81

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The Convention called ITO consider,
discuss and propose o new constitution"
for West Virginia completed It's labors on
the Goth ult and the result Of its delibera.
tiOns, embodied In pamphlet Of forty.
six pages, Is now before US. We have
never until now seen document so com
prehensiye. II embraces all Of the com.
mon law that Is no extant, the preamble
Tor the Declaration Of Independence, so
much oil the Constitution Of the United
States as appertains to the rights Of per.
sons. q good deal Of the statute law Of
old Virginia; together with large extracts
from the resolutions adopted by the Ma;
tiOnal Democratic Conventions which
have met since the war. Nothing Is taken
for granted, and the plainest rights guar.
anteed by the Constitution Of the United
States and the unanimous consent OF all
civilized men are reiterated with as much
emphasis as Il the world was eonspiring
u take them away. Article first Is headed
"Relations 10 the government Of the
United States" and sections two and
three Of this article are argumentAtive in
their tone and arc plainly derived from
the political sources indicated above:
~. The Government Of the United Statcs Is q
Government OF enumerated powers, and all pow.
crs not delegated 10 It nor inhibited TO the States
are reserved 70 the States or 10 the people there
oil. Among the powers 90 reserved BY the State9
10 the exclusive regulation OF their own internal
government and police; and II 10 the high and
solemn duty OF the BeYlrAl departments OF goV-
erlmcnt created by. this Constitution 10 guard
and protect the people Of this State from al en-
croaChlnents upon he rights 90 reserved
20. The provisions OF the Contribution OF the
United States and OF the State arc operative alike
In period OF war aS In time Of peace and any
departure theretrom or violation thereof under
Inc plea Of necessity or any other plea 10 subver
and despotism." a-- fN,
However, we can forgive the West Vir.
ginia Convention for It's raid upon the
Democratic political platforms when we
read the first section Of the Bill Of Rights
(which is the third article Of the Consti.
tution):
~. All men arc by nature equally FREQ and In.
dependent, and have certain inherent rights OF
which when they enter into O state OF society
they cannot by any compact deprive or dlyeGt
their posterity, namely: the enjoyment Of life
and liberty, with the means Of acquiring and
ing happiness and safety"
The provisions Of the proposed Consti.
tuition are substantially the same as are
found in all the State Constitutions, but
we think more attention has been paid to
celebrating details than was necessary or
even desirable. Agreat deal Is here set
forth which might have been safely en-.
trusted TO the sound discretion OF the.
Legislature. In fact the amending OF
Constitution isattended with so much ex.
pense and inconvenience, and Is hedged
about with such restrictions and limita.'
tons, that nothing should be put in 1t
which is not in Its nature permanent, and
in certain sense immntable. Whatever
is likely to be changed by the altered con.
ditiOn OF affairs, the increase of popula.
ton, the multiplication Of Industries, or
the progress Of civilization, should be LEFT
to the law-making power. The statute
law eau easily be altered, amended or
abolished TO suit the necessities and dc.
mands OF the times. We, therefore,
think 1t absurd that the following provis.
ion should have been Incorporated into
the Constitution:
"WhIto and colored persons shall not be taught
In the same school"
Ten years after this the enlightened
people Of West Virginia may feel very
much ashamed Of this restriction upon the
education OF colored children, but 1t will
cost them as much TO remedy the mistake
as II would to have given every black
child In the State two years schooling.
The colored population Of West Virginia
Is small, and in the country districts wide.
ly scattered. Except in the larger towns
it will be impossibleto organize separate
schools for their benefit, and the practical
effect Of this provision Is to deprive them
Of all participation in the advantages OF
the common schools which they are taxed
10 support. In all Of the Northern States
tho colored children are admitted into the
public schools without hindrance, except
in some OF the cities where the African
population is large enough to justify the
opening Of schools devoted exclusively to
the education Of negro children. We have
never heard that any person was in any
way degraded, or contaminated, or
thought less OF himself when he grew 10
manhood, because a negro child recited in
the same class with him. Whenever it is
practicable we think that out Of respect
for existing prejudices, and for the pur-
pose Of cnsuring fuller protection to the,
colored children, they should be taught in
schools exclusively devoted to the educa.
ton OF their own race; but where there
are only two or three or half dozen
African children in each school district
they should be permitted to attend the
public district school. $500. -,,-,-s-,.
We do not think that the following pro.
vision relating to the privileges Of voters
on election day is to be found In the Con.
stitution Of Maryland, or any. other State
Constitution which We.have seen:
- No voter during the continuance OF an
election at which he Is entitled to vote, or dur.
Ing the time necessary and convenient for going
70 and returning from the came, shAll DO sabIecf
70 AfTeAt upon civil proeeaa or be cnninhInh III.