The weekly register. [volume] (Point Pleasant, Va. [W. Va.]) 1862-1909, 1872-07-25
The New Constitution Reviewed.
BY A MEMBER OF THE CONVENTION.

for the consideration Of every la'r'm'oueu'
honest man who seeks for truth, and is
willing to ''fOllow and be dby it,
The existing Constitution Of West Vir-
ginia was formed in the midst of war,
when passion was stronger than reason, by
body Of men all of the same political bi,
as, enlisted in the double purpose of dis.
memberiug the State Of Virginia and
Strengthening the military power Of the
United States in the civil war then fragrant.
Having been thus formed, it is not surpr.
sing that it failed, in many respects, to Sc,
cure all the just rights of the citizen. 1t
was submitted to the people Of the propo,
sed State of West Virginia for ratification,
at time when no person dared to speak
or votc against it. save at the peril Of his
life or liberty. This farce, called an elec'
ton, resulted in vote of 1866 in favor
of it, to jl4 against it. When We remem-
bsr that the forty eight counties then COM
posing the State Of West Virginia contai.
ned 337, ,69l inhabitants, aud not less than
5000 voters, See West Virginia Re-
ports. volume /, page 73, it twill'be per.
cciyed that not one-,hird Of the people rat
idod 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, upheld, and enforced upon an
unwilling people.
The political party thus placed in power
in this State; attempted to perpetua'e its
ascendchcy by boards of registration, po-
litical test oa,hs, political grand and petit
iurics, Courts invited aud tempted to rem.
der corrupt judgments and DEGREES against
certain classes ofpersons, prohibiting them
from taking appeals to such judgments.
Under the existing Constitution the Le-
gislature enacted and the Courts enforced
laws, inviting, honest men to become dis.
honest, by resisting the payment of their
Just debts; inviting them TO commit any
kind. of wrong, injury andtutrage against
the person, properly, or liberty OF certain
class OF persons, by pointing out to them
the way TO escape all civil responsibility
therefor, See session Acts 1865, chapter
79l inviting judges to render corrupt
jud smpnta against the same class persons,
by preventing them from taking appeals
tflo,u Judgments. creating boards Of regis
tlatioh, ID % rob tEe citizen If ftleF'tlgBt to
vote, serve as juror, hold Office, sue,
plead, appeal to the Courts, or, to teach
school, or to prac!ic the profession Of a
lawyer.
Under the existing Constitution, the
legislature can at It's pleasure, suspend the
great writ of haJeas corpus SO that any
person may be arrested and imprisoned
without accusation or proof, as long as
may be necessary to subdue or win him.
The inestimable value Of this writ will be
understood, when it is remembered that it
affords the only remedy known to the law,
to determine the question whether man
is lawfully imprisoned or not. BY section
6, Article 2, any person, in time of war,
may be deprived Of life, liberty or proper:
ty without process of law. By section s
OF Article 2, any person in time Of war,
accused of crime, may be carried away
from his own county and tried in any 9th.
er county in the State, and thereby be de:
priyed Of the benefit Of trial by jury of
bis viciuage. By section l6, Article 4,
the legislature has, at any time, the auth
ority to abolish or destroy the State of
West Virginia by the simple process Of an
nexing to and admitting into it, the whole
of Virginia. By section 10 Of Article 6,
the independence Of the Judiciary is efec.
tually destroyed by making the tenure of
the Offices of the Judges wholly dependent
upon the unbrided will ofthe Legislature.
1t fails to provide adequate security against
defaultiDg Sheritfs or other officers collect
ing or disbursng public moneys. 1t fails
to provide for imposing restraints on rail-
road companies, toprevent them from max,
ing unjust Determinations in the rates of
freighls aud travel, against our own peo-
pie. 1t fails to provide for the poor or the
unfortunate, either a homestead or an ex-
emption Of personal property.
In view of all these facts, the Democrat
ic members of the Legislature Of 1871,
proposed to call Il Convention of all the
people of the State to amend the Constitu.
ton. This call was opposed by the whole
Republican vote Of the State twas car
ried by Democratic and Conservative votes.
Every delegate elected to the Convention
except twelve, was a Democrat or Conser'
yative. The new Constitution is the work
of the Democratic and Conservative party,
Every Democratic and Conservative dele
gate in the Convention approved of and
voted for the new Constitution, while every
one of the twelve" either voted against it
or was absent when the final vote was Ia
ken. The Republcan party will vote