The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1872-07-16

,,o,rine article, from inc p'H "
TIE ,. ..,ST Democrat appeared p the H. :.
~ enln MEM ia,t April. As the time Is
rLlS .ssr when our people arc to , vote
o. i1S p'J ~. ibis article careful reFe I'd
hem 70 70 81, never been answered by the the
l 19so,,,s So Of the new Constitution and
cannot BE- -, April 18th, 1872
7, he s' UrSnosed Constitution there arc
10 tI ,siprG Which serve 70 show nov now
mary NpG a,,rr5, and judgement the Con-
talSa M ISIISSI3g as examples; 49,.
Take Ae io .Hc'ia5 OF Article II, they
have been careful 70 lnf nSIe wv Within The
dy rlyetI ~ NJ MI Tho State. But tho Poto.
ldrsqic .IOo a II border stream, and they say
mac Is a aSo . II h Having undertaken TO
no@lpg the different portions OF terri IT.:
,.. AVER which the jurisdiction o. tn ~
ioIy S eyIepds whatever is not mentioned
sEGe s "a0nrreTsliOn, is, Of course, oxclud'
H. y ' and The section, as 1t stands, may
,sSuS,,aIorebe regarded as rellnqG lslrea'
sI " n eISi to Jurisdiction upon the Pot ,I,
Of 81 Si6SH 10 No ono reading Il will
. D,ry, that West Virginia intends 10
sisi,n spy such jurisdiction in future.
' Tbis section, 100, Is singuarly express
n ia nreseut Constitution ! Is de-
"a si.rpd tbst aThe State Of West Flrgl1A
s mi include 10 m,th G' tue beds, banks
s sII .%oros Of the Ohio river as heretofore
aanna,iSined to tho smtOO Of Virginia" In
~ InIrobosed Constitutional Is said; "The
W. wv, p n West Virginia includes tue bed,
S S and shores Of the Ohio river, and
" S'T T~.i Of The Big Sandy as was formerly
iocl"Jcd In the Commonwealth oil VIZ
, niUis Thus, while We claim so much
INV Of The Big Sandy as was formerly
, S in Virginia, We also claim the
SeJ hanks and shores Of the Ohio river,
Titbout qualification or exception; that
!, The sniire stream from Pittsburgh to
cairo If Ibis was not intended, we can
S S saw That the committee OF revision
U ~sre moi careful in scrutinizing the Ian
maze used, so as to make ii express what
koTonvpniinn intended.
The seventh section Of this article pro.
vijes positively that the present seal Of
,be STATE shall be the great seal Of tho
State Of West Virginia. The present seal
Srgbt. therefore, TO be guarded with ex-
IRENE care. Suppose it should be lost or
stolen OF accidentally injured or delaced
Stbstit could not be used. The Legs.
Isture cannot provide a new one, for the
actioufs imperative that the present seal
sb1ll be the great seal Of the State; and
new ssalCd1ld not be the present seal. II
gny accident happens 10 it, NEW conyen.
u6n must becalled, or an amendment TO
The Constitution adopted, in order to
authorize new seal !
il Is provided in the tenth section Of
Article III, that mo person shall be de.
piyed Of life, libery or property, without
due process of law and the judgment
Of his peers" and by the third section Of
the first article, this provision, as well as
the other parts Of the Constitution. is de-
Clared to be Operative alike in a period
Of war as in time peace"
"The judgment Of his peers" l have
been informed, means trial by jury. As
suming, then, the public enemy or rebel
to be Tefs0a, 10 shoot him in battle in o
period Of war will be o violation Of the
Constitution, for this would be to deprive
person Of life without trial by Jury; and
to capture them will be equally unConsti.
tutiOna, for this would be to deprive him
Of liberty without the judgment Of his
peers. II has been suggested, however,
that you may kill him first, and try him
afterwards at your leisure, but this will
be expensive; and there are other proyis-
ions Of the Constitution which, il opera.
tive alike in o period OF war as in time OF
peace, would prevent you from killing,
capturing or furnishing him in q Constitu.
tiOnal manner, until he had been indicted
bya grand jury, and tried by a jury Of
Twelve men in the county where the al.
legged offence was committed, after having
been fully and plainly informed of the
character and cause of the accusation,
confronted with the witnesses against
him, and having the assistance OF COUNSEL
and q feasonabl e time to prepare Tor
bis defence! | am apprehensiYe that a
nsjodty of the Convention have not ap.
lFecisted the importance OF defending
the country ip "a period OF rebellion.
But how will this section operate in
other respects, in peace US well as In war?
No person shall be deprived of property
without the judgment Of his peersp-such
Is the plain and positive provision Of the
proposed Constitution. It is not enough
That there should be due process Of law.
The Constitution requires both due pro.
cess &c OIL law and the judgment of his peers.
hoW then arc you 10 collect taxes? I'LL
refuse to pay my taxes, tho sheriff can.
lUt dlstrain my property and sell it, Tor
tllS would be 10 deprive nc Of property
without the judgment Of my peers. And
what becomes Of the Chancery CourtsY
ihelF DEGREES cannot be enforced; for to
10 50, will be TO deprive some one Of prop!
efty without trial by jury. dyet law.
yen Tell me that sherifs and Commits.
,loDeB do almost every day take and sell
property under DEGREES in chancery for
.ae payment Of money and for other pur.
,Oss, without there having been any
eeding. '"' 'H' pio
3GG have a police court in Wheeling,
ND have occasionally seen in your pa.
.oI,s amusing accounts Of its victims. But
.Tut foTdles may congratulate them.
y, sIYes Illat there is good time coming,
it no person will be deprived Of lis
,I{T Sa, I without the judgment Of his peers.
, tus' tAe people OF Wheeling furnish A
ny : y y, Twelve men for every police case?
! 50, they will soon want the tenth sec.
aol \. o. Article III amended, But with.
' ~ IaG Judgment Of his peers; you can NOT
~ ~ q = elst1toer Of the public peace, Tor
~ SS would be to deprive him of property,
:. ne y, mas anyi nor can you iInprison him
:. Ias would be 10 deprive him Of Iib,
NY and ~ either case without trial by
!. ING provision Of tue present copstitu.
Un, ARTICLE II, section o. is q very dif.
etent one. II nrnviAoo IA az, VII