The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1872-02-10
The Constitutional Convention.
Ranort of Committee on Bill of
Rights and Elections.

and Elections, to which the consideration
ofthe first, second and third articles OF
the Constitution, together with various
resolutions, were referred, have had the
same under consideration, and beg leave
to submit the following report
ARTICLE THE STATE.
|. The State of West Virginia is, and
shall remain, ore Of the United States
of America. The Constitution OF the
United States OF America, and the laws
and treaties made in pursuance thereof
shall he the supreme law Of the land.
.. The territory OF the following
counties, formerly parts OF the Common
wealth of Virginia, shall constitute and
form the State of West Virginia, viz. !:
The counties OF Barbour, Berkeley,
Boone, Braxton, Brooke, Cabell, Cal
houn, Clay, Dodiridge, Fayette, GiImer'
Grant, Greenbrier, Hampshire, Han
cock, Hardy, Harrison, jackson,
Jefferson, Kanawha, Lewis, Lin
coin, Logan, Marion, Marshall,
Mason, Mcdowell, Mercer, Mineral,
MononCalia, Monroe, Morgan, Nicho-
las, Ohio, Pendleton, Pleasants,
Pocahontaa, Preston, Putnam, Raleigh,
Randolph, Richie, Roaue, Summers,
Tavlor, Tucker, T! Ter, Upshur, Wayne.
Webster, Wetzcl, Writ, Wood and
Wyoming. The State Of West Virginia
includes the beds, bank and shores Of
the Ohio and Biz Sandy r;vers-tor
merlv included in the Commonwealth
OF Eirginia-and all territorial rights
and property in, and jurisdiction over
the same, heretofore reserved by and
vested in the Commonwealth OF NIr
ginia, are vested in and shall hereafter
lie exercised b. the State OF West Nlr-
ginia. And so much OF the said beds,
banks and shores a. lie opposite and
adjoining the several counties OF this
State shall form part OF sard several
counties respectively.
3. The Legislative, Executive and
Judicial Departments Of the Govern
ment shall be separate and distinct.
Neither shall exercise the powers prop
erly belonging to either of the others.
No person shall be invested with or
exercise the power OF more than one OF
them at the sametimc.
4. Writs, grants AMI commissions
issued under authority o. this State
shall run in the name Of, and official
bonds shall be made payable to the
State OF West Virginia. Indictments
shall conclude against the peace and
dignity of the State OF West Virginia.
5. All persons residing in this State
who were born or naturaIzed IN the
United States shall be citizens OF this
State, but no person in the military,
naval or marine service OF the Onited
States shall he deemed resident of this
State hy reason OF haing stationed
therein.
G. Every citizen shall be entitled 10
equal representation in the government,
and in all apportonmeut. Of represent
alton equality of numbers Of those entI-
tied thereto shall as tar a. practicable be
preserved.
ARTICLE II--RLL OF RIGHTS.
|. The power Of governmcn. resides
in all the citizens OF the State, and can
be righ,tuIIy exercised only in accord
ance with their vii and appointment.
> The privilege Of the wrlt Of habr1s
corpus shall not hc suspended. No
person shall be held TO answer for trra-
son, felony or other crime 10. cogn.zeb'c
bv Justice, unless on presentment or
Indictment Of grand jury. No bill Of
attainder, cr post .tIct0 law, or law I'M
pairing the obligation Of contract, or
having retrospective operation or
effect. shall be passed.
3. Excessive bail shall Mt be re
ouircd. or excessive fines imposed or
cruel and unusual puni-hments IN
flictei Penalties shall hc rropOr;joned
to the character aud degree OF the
oirensc nor shal! any person be trans
ported cut OF the State for any olfense
committed within the same, nor shall
any person he compelled to be w.tn"ss
against himself, or he twice pat IN
jeopardy Tor the same O!TenSe.
/. The right OF the citizens to b. Sc
cure in their houses, persons, papsr7
and effects against unreasoBble searches
and seizures, shall not be. violated. No
warrant shall issue but upon probable
cause, supported by oath or affirmation,
and particularly d, scrlb.ng the place TO
be searched, and the rer.ons and things
TO be seized.
5. No law ab!ilgjrg freedom Of
speech or OF the press shall be passed
but the Legislature may provide or
the restraint and punishment Of tie
or vending Of obscene books,
papers or pictures, and Of libel and
defamation of character, and 'or the re.
covery in civil actions by the aggrieyed
party OF suitable damages 'Or ruch libel
or defamation.
6. In prosecutions aud civil suits for
libel, the truth may he given in evil
dence; and If it shall appear to the
jury that the matter charged "a libel
GUS is true, and was published with good
motives and for justiiable ends, the
verdict shall be for the defendant.
:. Private property shall not be taken
or damaged fcr public Use without just
compensation, nor shall the same lie
taken or damaged by any company in
corporaiei for the pu-po-es OF internal
improvement, until jus: compensation
shall be pad to the owner. and when
private property is to be taken or dam
aged for public use, or for the use Of
such corporations, the compensation to
the owner shall be ascertaibed by an
impartial jury Of twelve ireeholders in
such manner s. may be prescribed by
law
s. No person shall be deprived Of
life, liberty or property without due