The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1872-07-02
THE new CONSTITUTION Ri
- VIEWED. y.. ..
By . Member Of the Ceuvsnti

scented for the consideration OF every
fair minded, honest man who seeks tor
truth, and is willing to follow and be
led by it," ..
The existing Constitution Of West
Virginia was formed in the midst OF
war, when passion was stronger than
reason, by q body OF men all OF the
same political bias, enlisted in the
double purpose of disnembering the
State OF Virginia and strengthening the
military power of the United States in
the civil war then fragrant. Having
been thus formed, it is not surprising
that il failed, 10 many respects, to &C.
cure all the just rights Of the citizen.
1t was submitted to the people of the
proposed State of West Virginia for
ratification, at time when no person
dared to speak or vote against it, ssye at
the peril Of his life or liberty. This
farce, called an election, resulted In 8
vote OF 1852 in favor Of 1t, to 5l4
against it. When we remember that
the forty eight counties then composing
the State Of West Virginia contained
33769l inhabitants, aud not less than
So, 900 voters, (See West Virginia Re-
ports, volume l. page 70. it will be
perceived that not one-third of the peo-
pie ratified it. Every person, familiar
with the history OF the dark days of
1862, is aware of the fact that the gov
eminent established under the existing
Constitution did not derive it's power
from the consent Of the governed; !"
but, on the contrary, it was established,
upheld, and enforced upon an unwilling
people.
The political party thus placed in
power in this State, attempted to per-
petuate it's ascendency by boards of
registration, political test oaths, politi-
cal grand and petit juries, and Courts
invited and tempted to render corrupt
judgments and DEGREES against certain
classes of persons, by prohibiting them
from taking appeals to such Judgments.
Under the existing Constitution the
Legislature enacted and the Courts en-
forced laws, inviting honest men to
become dishonest, by resisting the pay
ment of their just debts; inviting them
to commit any kind Of wrong, injury
and outrage against the person, prop
erty, or liberty OF a certain class OF
persons, BY pointing out to them the
way to escape all civil responsibility
ther efor, (See Session Acts 1865, chap.
79) inviting Judges to render corrupt
judgments against the came class OF
persons, by preventing them from TAX
ing appeals from their judgments, Gre
ating Boards of Registration, to rob the
citizens of their right to vote, serve as
a Juror, hold office, sue, plead, appeal
to the Courts, or to teach school or
practice the profession Of lawyer.
Under the existing Constitution, the
Legislature can, at its pleasure, suspend
the great writ Of habeas corpus 80 that
any person may be arrested and i'm
prisoned without accusation or proof,
as long as may be necessary to subdue
or win him. The inestimable value OF
this 1ri will be understood, when 1t is
remembered that it affords the only
-eraedy known to the law, to determine
:, question whether man is LAWFULLY
!he :. >aed or not. By section g, Article
lmprls. ->on, in time of soor, may be
any Pc. Tt<. liberty or property With.
deprived OF u 20. By section 8 Of
out process of t. "a In time of ,oar,
Article 2, any pers, Carried swav
accused of crime, may b. tr;ed in any
from his opn county and sss,ebv he
other county in the State, and |. i by a
deprived OF the benefit of tria- is
Jury of his vicinage. By section ~
Article a, the Legislature has, at any
time, the authority to abolish or destroy
the State of West Virginia by the
simple process of annering to and admit
ting into ii, the whole of Virginia. By
section Is of Article 6, the independence
of the Judiciary is efectually destroyed
by making the tenure OF the offices OF
the Judges wholly dependent upon the
unbridled will OF the Legislature. 1t
fails to provide any adequate security
against defaulting Sheriffs or other
officers collecting or discussing public
moneys. Itfails to provide FOR imposing
restraints on railroad companies, to
prevent them from making unjust dis.
ordinations in the rates of freights and
travel, against our own people. 1t
fails to provide for the poor or the un'
fortunate, either homestead or an e;remp-
ton OF personal property.
In view OF all these facts, the
Democratic members Of the Legislature
oflS71, proposed to call a Convention
OF all the people Of the State to amend
the Constitution. This call was OPP
posed by the whole Republican vote OF
the State. 1t was carried by Demo-
cratic and Conservative votes. Every
delegate elected to the Convention, ex-
cept t,oelue, was Democrat or Conserva-
tive. The new Constitution ia the work
of the Democratic and Conservative
party. Every Democratic and Con-
servative delegate in the Convention
approved OF, and voted for, the ne'o Con
stitution, while every one Of the "tostve
either voted against it or was absent
when the final vote was taken. The
Republican party will vote against the
ratification OF the new Constitution be-
cause the Democratic and Conservative
party made it; because their own Pollt'
ical excuses and iniquities renderedthe
call OF the Convention necessary or
possible, and because every Republican
kno,cs, as every Democrat and Conservative
ought to kno,c, that if the Republican
party can succeed in defeating the ratl.
fication Of the new Constitution, the
Democratic and Conservative party in
this State will be defeated and over.
thro,on. TO accomplish an end go de-
sirable to them, it is not unreasonable
TO expect to find their leading men, in
every locality, misrspresenting the pro-
visions of the new Constitution TO as
many Democratic voters a. can be IN.