The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1872-02-23

THE NEW CONSTITUTION.
,,,ic,esI,II, and III as Passed Ia
A'" Committcc ofthe Whole.

committee ofthe WhOIe'
The following are Articles ], II and III
nossed by the Convention, alter dis
o ~ in Committee oGthe Whole. They
line passed on again by the Conven'
linn and amendments may be made but
having been passed by the whole Ooly IN
commj,,cc, II is not to be expected that
,oy imporlant changes will be made N
tho subsequent action, which ordinarily Is
onlv pyO forma and to make conflicting
nrGyisions harmonic. Substantially there
fare, the following are the first three artl'
cIcs as they will be submitted to the peo'
pie of tie State
ARTICLE THE STATE.
The State Of West Virginia i9, and
.haaiiI remain one of the United States Of
p Hmrrica The Constitution Of the United
States If America, and the laws and trea'
,ic. male in pursuance thereof, shall be
,hc supreme law Of the land
2 The territory Of the following coun'
Ties formerly parts of the Commonwealth
Of Virginia, shall constitute and form the
State Of West Virginia, viz
The counties OF Barbour, berkeley
Boone, Braxton, Brooke, Cabell, Calhoun
Clay, Doddridgo, Fayette. Gilmer, Grant
(irecnbrier, Hampshire, Hancock, Hardy
Harrison, jackson, Jefferson, kanawhar
Lewis, Lincoln, Logan, Marion, Marshall,
Mason, Mcdowell, Mercer, Mineral, Mo
nongalia, Monroe, Morgan, Nicholas, Ohio
Pendlcton, Peasants, POcahontas, Pres.
ION, Putnam, Raleigh, Randolph, Richie,
Roane, Summers, Taylor, Tucker, Tyler,
l'pshur, Wayne, Webster, Wetzel, Writ,
Wood and Wyoming. The State Of West
Virginia includes the beds, bank and
shores Of the Ohio and Big Sandy rivers
Drmerly included IN the Commonwealth
If yirginia-and all territorial rights and
property in, and Jurisdiction over the
sane, heretofore reserved by and vested
in the Commonwealth of Virginia, are
vested in and shall hereafter be exercised
ny the State Of West Virginia. And so
much OF the said beds, banks and shores
IS lies opposite and adjoining the several
counties of this State shall form o part Of
said several counties respectively.
- The Legislative, Executive and Judi
cal Departments Of the government shall
be- separate and distinct. Neither shall
exercise the powers properly belonging to
either of the others. No person shall be
invested with or exercise the power of
more than one Of them at the same time.
A. WritS, grants and commissions issued
under the authority Of this State shall run
nthe name OF, and official bonds shall be
made payable TO- the State Of West Yir-
giniA. Indictments shall conclude against
the peace and dignity of the State"
& All persons residing in this State,
born or naturai2cd in the United States,
shall be citizens of this State, but no per-
son in the military, naval or marine ser
vice Of the United States shall be deemed
resident OF this State, by reason ofbeing
stationed therein.
0. Every citizen shall be entitled to
equal representation in the government,
and in all appointments of representa-
ton, equality OF numbers OF those entitled
thereto shall as lar as practicable be pre-.
grcd.
ARTICLE H.-BILL OF RIGHTS.
l. The powers OF government reside in
al the citizens of the State, and can be
rght(nlly exercised only in accordance
with their will and appointment.
2 The privilege OF the writ of hdJeGS
0'pH shall not be suspended. NOperson
shall he held to answer for treason, felony
wothcr crime not Cognizable by a jus.
tee, unless on prescntment or Indictment
Of grand jury. No bill of attaindcr, c.r
loitltto law, or law impairing the obi.
CATION Of II contract, or having Il retro.
'lcclive operation or effect, shalt be
pissed. This section has yet 10 be acted
~ .,
3, Excessive bail shall not be required,
WeNCCSSivG fines imposed, or cruel and
unusual puniShntcnts inflicted. Penalties
shall he proportiOncd to the character and
degree Of the offence. No person shall
be transported ont of or forced to leave
The State for any offence Committed with.
III the same; nor shall any person IN any
criminal case he compelled TO he II wit,
HySS against himself, or be twice put in
jeopardy for the same offence. De.
4 The right OF the citizens to be secure
IN their houses, persons, papers and effects
against unreasonable searches and sci.
lures, shall not he violated. No warrant
shall issue upon probable cause, supported
by oath or affirmation, particularly de.
scribing the placed to be searched or the
person or things to DO seized
3. No law abridging freedom OF speech
o,rpl the press shall be passed; but the
Legislature may provide for the restraint
and punishment Of the publishing or
vending of obscene books, papers or pic.
lures, and of libel and defamation of
character, and for the recovery in civil
actions by the aggrieved party Of suitable
damages for such libel or defamation.
D. In prosecutions and civil suits for
libel the truth may be given in evidence
aud il ii shall appear to the jury that the
matter charged rs lbelous is true, and
unpublished with good motives and for
JasIIliable ends, the verdict shall he for
Tie defendant.
:; Private property shall not he taken
"damMged for public Use without lust
@nIensAtion, nor shall the same be n.
MN ny any company incorporated for the
purpose Of internal improvement, until
Mvl compensation shall have been paid
%%cNred to be paid To the owner: and
E Eaen private property shall be taken or
.as, Tor public nSc or for the use of
%Ea corporations, the compensation 10
me owner shall he ascertalncd in such
l'sulleF as may be prescribed by general
S SN; provided that when il Is required
? either Of the parties, such compensa.
i %r s 81 be asccrtained by an impartial
IutyCl twelve irechoders,
M, o. 40 person shall be deprived Of lie,
",VYy.! or property, without due process
p,T mw' or the Judgment Of his peers
n n"a''cSl lest oaths requiring persons, as a
c giSH1eHNislte Of the enjoyment Of their
s s and political rights, 10 purge them.