Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1872-07-16


that was ever held in it J; and they were earn
est, honest and capable men, determined, if
possible, to dc. a good work This Conyen-
tion, thus composed of the representative men
of both parties, formed this ne,v Constitution,
and sent it out to the people for their ratifica-
ton, approved aud Endorsed by the uaaainsoas
uote Of egery Democratic and Conseroattue9
tDetegdte. Itmay, therefore, safely aud Justly
be taken and accepted by every Democratic
and Conservative voter, as an instrument
equal and just in all its provisions and accept,
able to large majority of all the people of
the State.
By a.careful examination of the provisions
of the new Constitution it will be perceived
that every evil prophecy made by the Repub-
lican party as to the course the Convention
would pursue has utterly .failed. No man
will be restrained or deprived of any of the
rights or privileges now enjoyed by him; no
man can mo,o be transported out of or forced
to leave the State as punishment for any al
legged crime committed in it; no man can no0 be
prosecuted or tried for any ofense in any other
county than that wherein it was committed,
without his consent; the Legislature can no
longer suspend the great writ of habeas corpus;
neither can it any more release defaulting
Sherifs and other collecting officers from
liability for public moneys received by them:
it, has not retaliated upon political opponents.
for any of the offenses committed BY the "a
1t has prohibited for the future all religious
or political test oaths as qualification to vote
or mold ottce, serve as. juror, sue, plead or
appeal IN the courts, or pursue any profession
| or employment; it has prohibited the Lecis.
lature from ever establishing any Court or
Board Of Registration.
| The new Constitution secures in all actions
at common law, where the subject in contro.
versy, exclusive of interest and costs, exceeds
$1,000, a trial by a jury of taoelve men; it
secures to every man trial by juyy of
t,cetUe freehotders, to ascertain the value of
his property, when taken or damaged for pub
fc use; 1t secures to every man, in time of
aoar, as well as peace, his life, liberty and
property, SO that neither of them can be taken
without due process Of tdw it secures to
every man charged with crime, reasonable
time to prepare for his defense; it secures to
married ron,en their separate property against
the debts, liability aud control of reckless and
improvidens husbands; it secures to eyerv
husband or parent residing in this State. and
to the iptant children of deceased parents,
HOMESTEAD of the value Of ONE THOUSAND
DOLLARS, exempt from all debts except such
as exist on the 22d day of August next, and
except tn1es assessed and purchase money due
upon 1t, and except, also, debt contracted for
the erection OF improvements thereon and it
also secures to the same class of persons, for
all time'to come, the right to hold personal
property Of the value Of t,co hundred dollars
(the same amount now allowed by law,) ex>
cmpt from the payment of all tlcIks, past
present or future, e:rccpting only the taxes
assessed upon it, aud the purchase money
agreed to be paid for it.
by section 8, of Article II. of the new
Constitution. the people of this State will be
protected from all unjust determinations
against them. between through and way freight.
and passenger tariffs by all railroads in the
State. The system of free schools has been
preserved, and its usefulness and efficiency
increased by adding to the irreducible school
fund the proceeds of all taxes that may be
levied on the revenues of any corporation now
existing or hereafter created, by devotipo the
proceeds of the capitation tax of one dollar
on each male iuhabtant over tho age of
f'ce"tys one years, exclusively to the annual
support of free schools, by requiring all school
levies to he reported to. settled and recorded
IN the County Court, for the inspection of all
the taxpayers, so that every one can learn in
what manner and for what purposes the school
moneys have been disbursed by restricting
tue creation OF independent school districts.
and useless appropriations to Norman Schools.
See Article l2, sections Z, 10 and IL.
By comparing the first section of Article 8.
of the existing Constitution, with first section
of Article 10 of the new Constitution. it will
be preceived to no change ,chatever has been
made in the system of taxation.
The new Constitution wholly omits section
OF Article 9 of the existing Constitution.
by the insertion of this section the Constitu-
nrr I n
the people of this State to pay to the State of
Virginia part of her public debt, before she
pays her own creditors, or euen if she should
repudiute the payment of the whole of it.
When it is remembered that on the first of
January, 1872, this debt amounted to at least
ftty-one millions of dollars, and that Vir
elnia claims she has the right to charge West
Virginia with the payment OF one full third
OF it Cor seventeen millions of dollars, before
she pays her creditors, or even whether she
pays or repudiates, the propriety of emitting
this section and thus leaving her to resort to
her legal remedies, if she has am, cannot'be
doubted by the taxpayers of West Virginia.
The new Constitution secures the integrity
and existence of West Virginia as separate
State in the Union, by requiring the consent
OF majority of the qualified voters of the
State, before any additional territory can be
annexed TO, or admitted into it. II secures
the Independence of the Judiciary, BY remov-
ing the judges from the control of the Leg
lslature, so that their judicial opinions in the
future, upon Constitutional questions, will no
longer be the mere reflex of the opinions of
partisan legislative msjority. 1t prohibits
the Legislature from passing local or special
bills in all cases where general bill can be
passed to accomplish the same object thus
all grants of special privileges and advantages
to favored parties. will be forever arrested.
The Governor being obliged to approve and
sign every bill before it can become law,
will, to very great extent, be held responsible
for tho oh 4