Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1872-07-16
gpnH Of sgeaersoll.
onarlestown. Jefrerson county, West Va
s. TUESDAY MORNING, July 49, =is72. !


TUESDAY NORM ING, UIY ,.6. 1872. 3.
THE NEW & CoNsTITUTlIlo,N H. RE- 3
.stas NV VIEWED ,qsa4ii.a' Ggtp9at
i By Member Of the Convention. ]
The following suggestions are presented for
the consideration of every fair minded, honest
man who seeksfor truth, and is willing to
3"follow and beiled by it :"@ 81
The existing Constitution Of West Virginia
was formed in the midst Of war, when passion
was stronger than reason. by body of men all
of the same political bias, enlisted in the
double purpose Of dismembering the State of
Virginia and strengthening the military power
OF the United States in the civil war then
flagrant. Having been thus formed, it is not
surprising that it failed, in many respects, to
secure all the just rights of the citizen. It
was submitted 10 the Pc, people Of the, proposed
State of West Virginia for ratification, at a
time when no person dared 70 speak or pote
against it, save at the peril Of bis life or lib
erty. This farce, called an election, resulted
in vote of 1852 in favor Of ii, to 514
againstit. When we remember that the forty
eight counties then composing the State of
West Virginia contained 337 so inhabitants,
and not less than g., 900 voters, (See West
Virginia Reports, volume l, page 49, it will
be perceived that not one-t third Of the people
ratified it. Every person, familiar with the
history of the dark days of 1862, is aware of
the fact that the government established under
the existing Constitution did not "derive its
power from the consent of the governed ~
but, on the contrary, it was established, up>
held, aud enforced upon an unwilling people
The political party thus placed in power in
this State, attempted to perpetuate its nscen>
dency by boards of registration, political test
oaths, political grand aud 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 Lesis
latnre enacted aud the Courts enforced laws,
inviting honest men to become dishonest, by
resisting the payment Of their Just debts; in
vlting them to commit any kind of wrong, in
jury and outrage against the person, property,
or liberty of u certain class OF persons, by
pointing out to them the way to escape all
civil responsibility therefor, (See Session Acts
1860, chap. 79) inviting Judges to render
corrupt Judgments against the same class of
persons, by preventing them from taking ap>
of Registration, to rob the citizens of their
right to vote, serveas juror, hold office, sue,
plead, appeal to the Courts or to teach school
or practice the profession Of a lawyer
Under the existing Constitution the Lecis.
latnre can, at its pleasure. suspend the great
writ of habeas corpus SO that any person. may
be arrested aud Imprisoned without accusation
orProof. as long as may be necessary to subdus
or win him. The inestimable value of this
aerd will be understood, when it is rcmen-
bered that it affords the only remedy known
to the law, to determine the question whether
man Is in,efniiy imprisoned or not. by Sec
ton q, Article 2, any person, in time of .cur,
may be deprived of l;;te, liberty or property
without process Of up by section s Of
Article ?, any person in time Of gar, accused
of crime, may be carried away from his opn
county and tried in any other county in tho
State, and thereby be deprived of the beneft
of a trial by ajury of his vicnage. by Sec
ton Is, Article 4, the Legislature has. at any
time, the authority TO abolish or DESTROY the
State of West Virginia by the simple process
ofdnnering to and admitting into1t. the whole
Of Virginia, BY section Is Of Article g. the
independence Of the Judiciary is effectually
destroyed by making the tenure of the Offices
OF the Judges wholly dependent upon the
unbridled will Of the Legislature Ii fails to
provide any adequate security against default.
ing Sheritfs or other officers collecting or dis
bursting public moneys. 1t fails to provide
for imposing restraints on railroad com mpanies,
to prevent them from making unjust discrimi-
nations in the rates Of freights and travel,
against our own people. It fails to provide
for the poor or the unfortunate, either home
stead or an exemption of personal property :
all foofs tha
members of the Legislature of 1871, proposed
to call Convention of all the people of the
State to amend the Constitution. This call
was opposed by the whole Republican vote of
the State. 1t was carried by Democratic and
Conservative votes. Every delegate elected
to the Convention, except twelve, was Demo
crat or Conservative. The new Constitution
is the work of the Democratic and Conserva-
tive party. Every Democratic and Conserva-
tive delegate in the Convention approved of,
and Uoted for, the me,o Constitution, while
every one of the 't,oekoe"s 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 because
the Democratic and Conservative party made
it; because their own political excesses and
iniquities rendered the call,of the Convention
necessary or possible, and because every Re-
publican haocs, every Democratic and
Conservative ought to knoo, tha. if the Re,
publican party can succeed in defeating the
ratification of the new Constitution, the Dem
ocratic, and Conservative party in this State
will be defeated and ocerthrorn To accom-
plish an end SO desirable to them, it is not un.
reasonable to expect to find their leading men.
in every locality, misrepresenting the pro-
visions of the new Constitution to as many
Democratic voters as can, be induced to listen
to them. IF, however, the Democratic and
Conservative party, after its past experience
under Republican rule in this State, can per-
NIT itself to be thus misled it deserees to be
defeated If men, pretending and claim;no,