The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1892-09-27

EVERY bOter uuu Taxpayer AsoUN
and Compare the Promises With the
Record.
The following rare document was is
sued throughout this stata in the cam
paiRn of 1872 to induce the people 10
Tatity the "neW constitution" then
pending, and which narrowly escaped
defeat at the election in August Of that
year.
This document was prepared by the
distinguished president of the coustitu-
'tional convention, who, no doubt, was
sincere in his statements; but how far
the Democratic party has failed tofulfll
these promises, and how very far the
predictions contained IN this document
have failed being realized by the peo-
pie, everyintellieent citizen Of the state
we'll knows
This rare document, il should be re-
lmembered, Is official. Prepared by the
president OF the constitutional conven-
Ition, circulated by the Democratic
state committee il haa all thu force Of
official utterance. The following is from
,cony circulated as q campaign supple
Iment to the Preston county RErGG IN
the campaign Of 1872. The original is
In the IazELLlGENcERs possession.
Ell SAMUEL WOODS.
The following suggestions are pre-
sontad for the consideration Of every
lfafr minded, honest man who seeks for
truth, and is willing to follow and be
led by it,"
The existing constitution of West
Virginia was formed in the midst OF
war, when passion was stronger Than
reason, bya body of men, all OF the
lsame political bias, enlisted in the dou-
lble purpose Of d~ismembering the state
OF Virginia and strengthening the po-
litIcal power Of the United Statesin the
civil war then fragrant Having been
thHE formed. it is not surprising that it
'failed, IN many respects, to secure all
the Just rights Of the citizen. 1t was
submitted to the people'of the proposed
state Of West Virginia at q time when
no person dared speak or vote against
it, save at the peril of his life or lib err
ty. This farce, called an election re-
suited in o vote OF 1882 in. favor OF it,
to 514 against It. When We remember
that tho forty-eignt counties then COM
posing the state OF West Virginia con-
tanned 1891 inhabitants. and not less
than $1,000 voters (see West Virginia
Reporka.. yaluma l, page 73), it will be
perceived that not one-third OF the
people ratified it. Every person, famil-
lar with the dark days OF 1862, is aware
Of the fact that the government estab-
lished under the existing constitution
did not derive its power from the con-
sent Of the governed" but, on the con-
trary, it was established and upheld
and enforced upon an unwilling people.
The political party thus ptacsd in
power in this state. attempted to per
petuate its ascendency by boards OF
registration, political test oaths. politi-
cal grand and petit %juries, and courts,
invited and tempted to render corrupt
judgments and DEGREES against certain
classes Of persons, by prohibiting them
from taking appeals to such judgments.
Under the existing constitution, the
legislature enacted and the courts en-
forced laws, inviting honest men to be-
come dishonest, by resisting the pay
ment Of their jusk debts; inviting them
to commit any kind OF wrong, injury
and outrage against the person, prop
erty or liberty Of q certain class Of per-
sons, by pointing out to them the way
to escape all civil responsibility there
for, (see session acts 1865, chap. 79) in
viting judges to render corrupt judg-
ments against the same class OF per-
sons, by preventing them from taking
appeals from their judgments creating
boards of registration, to rob the cit-
zena Of their right to vote, serve as a
Juror, hold office, sue, plead, appeal to
the courts. or teach school, or practice
the profession Of q lawyer.
Under the existing constitution, the
legislature can, at its pleasure, suspend
the great writ OF habeas corpus, 30 that
any person may be arrested and impris-
oned without accusation or proof as
long as may be necessary to subdue or
ruin 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
Whethera man Is lawfully imprisoned
or not. By section 8, articie2 9, any per
son in time Of war, may be deprived OF
life, liberty, or property, without pro
cess Of law. By section s, article ., any
person in time OF war, accused OF crime,
may be carried from his own county,
and tried in any other county in tho
stata, and thereby be deprived OF
the benefit of q trial by a jury Of his
vicinage. BY section 10, article 4, the
legislature has at any time the author.
ity to abolish or destroy the state oil
West Virginia by the simple process OF
annexing to and admitting intoNlt, the
whole OF Virginia. By section Is Of
article 6, the Independence OF the ju.
dietary is efFectually destroyed by max
ing the tenure OF the ofieea OF the
Judges wholly dependent upon the I'M
bridlod will OF the legislature. It fails
to provide any adequate security
against defaulting sheriffs, or other Off
GERS collecting or discussing public
money. It fails to provide for impos-
ing restraints on railroad companies,
to prevent them from making unjust
determinations in the rates oil
ireights and travel, against own
people. It fails TO provide for the
poor or the unfortunate, either q
homestead or an exemption Of personal
In view Of all these facts, the Demo.
cratic members OF the legislature OIL
1871, proposed TO call q convention oil
all the people OF the state to amend the
constitution. This call was opposed by