The Clarksburg telegram. [volume] (Clarksburg, W. Va.) 1874-1926, 1911-02-09

and when any government is found
inadequate or contrary to these pur-
poses a majority of the community
has an indubttable, inalienable and
indefeasible right to reform, alter
.or abolish it in such manner as shall
be Judged most conclusive to the
public veal
There is and can be no higher
right than that which pertains to
the personal security and safety OF
each and every Individual Citizen OF
the government, state or commu-
nifty. 1t therefore becomes and is
the duty of such state or govern
ment to prescribe such penalties as
1t may deem adequate to prevent the
interference with, or restraint upon
the fullest and freest enjoyment OF
such personal security and safety,
and to mete out to him who offends
in these respects, punishment pro-
portionate to the degree of the of
tense.
The crime of rape as generally
understood and defined is among
the most offensive interferences with
the enjoyment of these fundamental
personal rights and privileges. It's
nature and character, and the cir
cumstances usually attendant upon
its commission ordinarily excite
strong aversion and animosity
against the accused the community
naturally becomes indignant, intense
feeling is engendered; but we must
never forget that however intense
may be our indignation. or to what
lextent or aversion or animosity may
be aroused, under no circumstances,
however, aggravating, should the ac-
cused be punished, except under and
by virtue of the orderly process of
the law; that is, by calm, careful
and deliberate investigation by a
grand jury and fair and impartial
trial by petit jury whereby the
state and accused may have an OPP
portunity for full and free hear
ing, and exact justice may be meted
out to both-to the state, because it
complains that its law has been vi
olated, and to the accused because
he is the person charged as the
guilty transgressor. Punishment in
flicted in any other manner is un-
lawful, Illegal and arbitrary, and
can in no sense be excused or paili-
lated. Those who undertake to deal
summary justice not only assume to
themselves a right which they do
not have or possess, but engage in a
course of conduct which renders
them amenable to punishment for a
violation of the law whose penal
ties they themselves arbitrarily and
unlawfully violate and disregard.
Such conduct leads to anarchy and a
consequent destruction of all forms
of government; nor can it be en-
cused on the ground, or for the rea-
tson that the object of their wrath
merits prompt and summary pun
tshment. Not only so, but such
conduct must OF necessity bring into
disrepute the community which per-
mits it. 1t is subversive of those
sections of the constitution OF the
state which provide that nm person
shall be deprived OF life, liberty or
property without due process of law
and the judgment OF his peers"
Sec. 10. Art. 3:
Trials OF crimes and mtsdemean-
ors, unless herein otherwise pro-
provided. shall be by a jury of
twelve men, public, without unrea-
sonable delay, and in the county
where the alleged orfense was COM
mitted. unless upon petition of the
accused, and for good cause shown,
| . 10 AShONGu 10 SOllAS ObhSI CUuHlS'
In all such trials the accused shall
be fully and plainly informed OF tho
character and cause of the a"nusa
ton, and be confronted with the
witnesses against him. and shall
have the assistance OF counsel, and
a reasonable time to prepare for his
defense; and there shall he awarded
TO him compulsory process for OBJ
tanning witnesses in his favor"
Sec. IA. Art. 8:
Free government and the bless.
ings of liberty can be preserved to
any people only by firm adherence
to justice, moderation. temperance,
frugality and virtue. and by fre-
quent recurrence to Fundamental
principles"
Sec. 90, Art. 3:
'By due observance Of the prin-
ciples thus enunciated by the Fed
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