Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1872-08-06
THE NEW CONSTITUTION.

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In the excitement induced by the mixed
condition of our county politics there scenes
to be some danger that the people Of this
county, at least, will overlook the Importance
of the ratification of the new Constitution.
If defeat of the Constitution involved simply
defeat of the candidates forithe Offices Gre
ated by IL. and continuance in Office of our
present officers, the ratification of the new
Constitution would be matter Of compara.
lively little importance. But, unfortunately,
the dement's of our existing organic law are
OF such character, and are SO numerous,
that our people, whether Democratic Con-
sentative, Liberal or Radical Republican. are
Tar more Interested in securing equal rights
to all, without regard to past or present Do
i't'cal opinions, than in the comparatively un.
important question of whom we shall have for
our next sheriff or clerk. We certainly can
not. in brief editorial, 60 into a full discus
sion OF the relative merits of the existing and
the proposed Constitutions; but after the most
careful examination of which We at least are
capable, of both instruments, we have come
to the conclusion that. if any Republican, or
Democrat, can show single particular in
which the proposed Constitution is not SUI
perior to the one under which we are now
living, this is the time for him to distinguish
himself by doing what no other man in West
Virginia has ever yet been able to accomplish.
When we consider the circumstances under
which our present Constitution was framed
the fact that it DOES not now answer our pur-
poses, is easily understood. The identical
party, we believe, that framed it would not at
this day, even if it had the power, frame q
Constitution which, among other enormities,
permitted the Legislature to forbid persons
from sneing for just debts. or taking appeals
from unjust decisions unless they could first
swear that they had always been 's.ruly loyal"
The Republicans who oppose the new Con-
sttutlon must do so from feeling of pique
that their political opponents are about to work
change which the Republicans themselves
believe to be demanded by all sensible men :;
for no sensible man will maintain that the
Legislature ought to have the power by the
suspension of the writ of Habeus Corpus, in
time Of peace, to retain man in prison for an
indefinite period of time without even iu
dlclal investigation of the legality of the i'm
prlsonment. Besides these very grave obiec
tons to the Constitution under which we are
now living, there are others which yould re-
quire too much space to dwell upon +; as for
instance. If, by any unfortunate chance, war
should once more break out, the Legislature
would then have the power to deprive a man
OF ms life, liberty or property without any
process OF law whatever No trial BY iury
of twelve men could be demanded BY the ac
oused. He could be thrown into prison and
kept there as long as he lived, if the war
happened to last so long. His property could
be likewise taken without any legal process
and we presume, therefore, without anv COM
pensation. If the Legislature vouchsaced to
give the citizen trial for his life by jury of
twelve men, the citizen could be transported
to distant county and tried by jury of
strangers. We may remember also that the
independence of our judges must be greatly
affected by the consciousness that, if their de-
c'slons are of political character, and con-
trary to the political sentiments of the ma,
jority of the Legislature, the judges may be
removed by that majority at its pleasure, for
alleged 'misconduct, incompetence or neglect
of duty" Our present Constitution also,
formed amidst the throes of war, fails to pros
tect US from the unjust discrimination of rail-
road companies, in the rates of freight and
travel. These are some of the defects of our
present Constitution all of which will be
remedied by the one which it is proposed to
ratify on 22nd inst. Before that time arrives.
we will have occasion to devote more time and
space to the merits of the new Constitution
than we have to day devoted to the dement's
of the old one.
Daniel B. Lucas in Martinsburg,