The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1872-02-19

THE CAPITAL.

fer gets the Heavy Emu
WnS" Of Talk About over.
,.nss,.l Correspondence OF the lutelllgCnceF'
'''t CHARLESTON, W. VA, February 0.
Tho Committee Of the Whole have now y
oonsiScred and are prepared to report Z
III" Convention the first and second atll
cles Of the New Constitution, WIN pu
lew changes from the present one p,,,,,
TLe Committee on the Bill oil hlshH
Ind reported the eighth section oil sccohI
article as follows;
"No person shall DO deprived o. llIe, .perIy S, ~
property without due process " nav Sc,ieIoSS 81
lyTI "a III osib be- required as
.oio ssyve ~ q Juror, suO or DO sVea, pleAu y
~. J%ncstied, or pursue any profession OF en-
poyIneni,'
Mr. Holt DENY moved to strike ou
the words "rCllglous or political" which
Mr. Raymond moved to insert aftcl
the word "oath" DOR any oath, RETROSPECT
five in lis nature, meaning or effect,
which was adopted.
Mr. Faulkner moved TO insert after tht
word "peers" the words political test!
recurring persons as q prerequisite Of thei
enjoyment OF their political aud Ciyi
rights, to purge themselves by their owl
Oalhs, Of past alleged offences, are rcpng
nant 10 the principles Of free governments
and are cruel and oppressive"
Mr.. Woods, the chairman, said III
heartily endorsed the sentiments con
taned In the amendment of the gentleman
from Berkeley, but he doubted the pro
priety oil making this section to appear n
The obituary on the tombstone Of thu
marty that had controlled the Common
wealth Of West Virginia until recently
but in Difference to his distinguished
friend he would not oppose the amend
menL
Mr.. Wiley remarked that he hoped the
members In the majority would perfect
their work, and he had no objection Ia
any superscriptiOn they might choose Ia
nut upon what was termed the tombstone
Of the party now in the minority here;
but when It was completed, he asked
them to place it alongside that other
stone farther back that told of the death
Of that party that were guilty Of pro.
voking all the stringent laws so bitterly
COmplainedOi.
Motion to amend adopted, and 1t now
stands loaded down with amendments Sc
rs to make conspicuous TO the world all
the hartlships they had endured from
what they called unfriendly legislation,
50 that tue section will now read
No person shall be deprived Of life, liberty OF
property without due process Of law, or the JIdg.
meIt OF his peers. Political tests requiring per.
sous, a. prerequisite of the enjoyment OF their
civil and political rights, TO purge themselves by
their own Oaths, OF past alleged pfTenses, are
repagnAnt to the principles OF free government,
aud are cruel and oppressive. Nor shall any re.
lIRlons OF political test oath, or any other oath,
retrospective In It's meaning, nature or effect, be
required as 4 prerequisite or qualification 10
vote, serve Juror, sue or be sued, plead or b.
Implicated, or pursue any profession or enjoy,
ment."
How will that do for length? Better
it seems to me, call it an Indictment than
an epitaph.
The Convention then travelled through
some seven sections at a rapid rate, but a
motion. by Mr.. Hagans to strike out, rs
unnecessary, the sixteenth section again
brought tho chairman (Mr. Woods to the
floor in favor Of his report, speaking with
much warmth in favor OF placing in the
Constitution every safeguard to the liber.
ties Of the people, and very patronizingly
advising his young friend (Mr. Hagans] to
exercise, rs far as he could, his good ma.
tnre, and to restrain, as lar as possible, in
dealing in any language that might ap.
pear diScourteOus.
Section 10 is as follows:
THE provisions Of tho Constitution of the
United States aud OF this State apply US well In
time OF war as In time OF peace. ANY depar.
Iarc thcrefrom, or In violation thereof, under the
plea OF necessity, or any other plea, Ia aubver,
ave OF good government, and tends TO anarchy
and dcspotlsm."
Mr.. Hagans followed with much
warmth, admitting the truth Of tho prop.
Csllion, but contendmg that it was more
hellIttng and had all the ad cdptdndum Of
speech rather than the cool and sober
language becoming q constitution.
MIR, Atkinson requested Mr.. Hagans to
withdraw his motion TO strike out, as
there was nothing Objectionable in the
sentiments, however much we might
think it a redundancy; that although the
language OF the chairman (Mr. Woods in
speaking Of building tombstones for
the party in the minority might
indeed provoke retort, ii was as
well to let the majority make a
Constitution to please themselves. The
Republicans in this body were not here
Tor any factlous purpose; they rs much as
Democrats desired to make such q Corsti.
tuition rs would be acceptable 10 the whole
people, and such as would be productive as
good. Ii the majority think they have in
this Constitution erected tombstone in
Tue test oath section for the Republican
party, he thought that when our cons,it.
dents came into this political graveyard
taey would find another tombstone as
they entered the gate, on which was in.
scribed the death and burial OF the dogmaS
Of state Rights" and Secession" in the
language OF the first section in this Con.
SlituliOn:
The State OF West Virginia Is and shall 70.
main one OF the United States OF America. The
tVN!t'utlOn Of The United SidtfSOf AypfyIca. and
dpor tidad." '''' S"P' cue
Mr. Wood disclaimed having used the
language US understood by the gentleman
rom Hancock, except Ms an expression Of
us lear that it might so appear should his
friends urge their amGndmcnts,to the sec.
miltCu,
MT' Atkinson expressed himself rs sat.
i lI with the explanation, as he had ad.
Il!seu inc firmness with which the chair
man OF the committee had heretofore
defended his report.
The motion Of Mr.. Hagans to strike ont
was lost. 1t hoped the third article will
We considered tomorrow and reporteil 10
Tue Convention for final action. 2 -
some OF the members being business
men, are anxious to finish their work
speedily, and as about all the stump
speeches have been delivered, tho discus.
sloaon the remaining parts OF the Consti.
!aion will probably be shortened. When
! Tue aebates grow monotonous the mem.