The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1872-02-09

CONSTITUTIONAL CONVENTION.
u0,o,t or the Committee on the Dill
Of Rights and Elections.

at H,hn dat seconl and third articles q
,hc Constitution, together with Varloa
resolutions, were referred, have D",l N
zane under consideration and beg leaV
10 submit the following report
ARTICLE THE STATE.
Tho State of West Virginia is, an,
ohall remain one Of the United states Q
America, The Constitution Of the Unltet
States OF America, aud the laws am
,rS"tIes made in pursuance thereof, sinai
he the supreme law Of the lSna. .,,,n
q The territory Of the following con ,il
,ies formerly parts Of the Commonwealth
~ VIRGINIA sIall constitute and form tn
State q West Virginia, viz:
The counties Of Barbour, Berkeley
Rome }raxton, Brooke, Cabell, Calhoun
CAV, Doldridge, Fayette, elmer, Grant
Gcenbricr, Hampshire, Hancock, Hardy
Harrison, jackson, Jefferson, kanawha
lewis, Lincoln, Logan, Marion, Marshall
Mason, Mcdowell, Mercer, Mineral, Mo
nongalia, Monroe, Morgan, Nicholas
Ohio, Pendleton, Pleasanls, Pochahontas
Preston, Putnam, Raleigh, Randolph
Richie, Roane, Summers, Taylor, Tuck
er, Tyler, Upshur, Wayne, Webster, Writ
Wetzel, Wood and Wyoming. The Stat
o: West Virginia includes the beds, bank
and shores Of the Ohio and Big Sandy
rivers-formerly included in the Com
monwealth of Virginia-and oil terrific
rial rights and property in, and Jurisdlc.
lion over tho same, heretofore reserved
by and vested in tho Commonwealth
Of Virginia, are vested In ant
shall hereafter be exercised by the State
Of West Virginia. And so much OF the
said beds, banks and shores as lies Oppo
site and adjoining the several counties o
this State shall form n part OF said several
counties respectively.
g. The Legislative, Executive and Judi
cisl departments of the government shall
be separate and distinct Neither shall
exercise the powers properly belonging
10 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 the authority of this State shall run
in the name of, md official bonds shall be
made payable to the State Of West Vir.
ginia. Indictments shall conclude against
the peace and dignity Of the State OF West
Virginia"
8. All persons residing in this State,
who were born or naturalizhd in the Uni
ted States shall be citizens OF this State
but no person in the military, naval OF
marine service of the United States shall
he deemed resident ofthis State, by rGa.
sou OF being stationed therein.
5. Every citizen shall be entitled to
equal representation In the government,
and in all appointments OF representa-.
lion, equality ofnumbers Of those entitled
thereto shall as far as practicable be pre-.
served.
ARTICLE II-BIIL OF RIGHTS.
/. The power OF government resides in
all the citizens Of the State, and can be
rightlully exercised only in accordance
with their will and appointment.
9. The privilege OF the writ Of ha6ea'
corpus shall not be suspended. No per.
sou shall be held to answer for treason
felony or other crime not cognizablc by u
Justice, unless on presentment or indfct-
ment Of q grand jury. No bill of attain.
der, er post tdctO law, or law impairing the
obligation Of a contract, or having re.
Irrespective operation or effect, shall be
passed.
3. Excessive bail shall not be required
or excessive fines imposed or cruel and
unusual punishments inflicted. Penalties
shall he proportioned tothe character and
degree OF the ofEensc; nor shall any person
beIrAnspOrted out OF the State Tor any
oiIenSe committed within the same; nor
shall any person BIO compelled to be wit,
ness against himself, or be twice put in
jeopardy for the same oifense.
4, 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
hyOath or affirmation, and particularly
describing the place 10 be searched, and
the persons and things to be seized.
Is. No law Abridging freedom of speech
or Of the press shall be passed; but the
Legislature may provide for the restraint
and punishment Of the publishing or vend.
ing Of obscene books, papers or pictures,
and Of libel and defamation Of character,
and for the recovery in civil actions by
the aggrievCd party of suitable damages
for such libel or defamation.
@. In prosecutions, and civil suits for
libel, the truth may be given in evidence;
and if 1t shall appear TO the jury that the
matter charged as libelousis true, and was
published with good motives and for iusti.
liable ends, the verdict shall be for the
defendant.
Z. Private property shall not be taken
or damaged for public use without lust
compensation, nor shall the same be taken
damaged by any company incorporated
for the purposes OF internal improvement,
until just compensation shall be paid 10
the owner; and when private property is
to be taken or damaged for public use or
for the use of such corporations, the com.
pensation to the owner shall be ascertain.
Ell by an impartial jury OF twelve free.
holders in such manner as may DO pre-
sribed by law.
8. No person shall be deprived of life,
liberty or property, without due process
Of law, or the judgment OF his peers; nor
shall any religious or political test oath be
required as qualification 70 vote, serve
asa Juror, sue or be sued, plead or be i'm.
pleaded, or pursue any profession or chi.
ployment.
D. The military shall be subordinate to
Tue civil power. No soldier shall, in time
OF peace, be quartered in any Louise with.
out the consent Of the owner; nor in time
Of war except in the manner to be pre-.
scribed by law.
TO- In suits at common law the right Of
trial by jury Of twelve men, II required
by either party, shall be preserved, but in
trials oil civil cases before Justice Of the
peace, when the value in controversy Is
under twenty dollars, jury oi less nun.
Der may he authorized by law. No fact
tried by a Jury shall be otherwise re.
examined in any case, than according Il
The rules Of the common law.