USA > West Virginia > History and government of West Virginia > Part 17
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24
2. The powers of government reside in all the citi- zens of the State, and can be rightfully exercised only in accordance with their will and appointment.
3. All persons residing in this State, born or nat- uralized in the United States, and subject to the juris- diction thereof, shall be citizens of this State.
4. Every citizen shall be entitled to equal repre- sentation in the government, and, in all apportion- ments of representation, equality of numbers of those entitled thereto shall, as far as practicable, be pre- i served.
5. No distinction shall be made between resident aliens and citizens, as to the acquisition, tenure, dis- position or descent of property.
6. Treason against the State shall consist only in levying war against it, or in adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two
286 HISTORY AND GOVERNMENT OF WEST VIRGINIA.
witnesses to the same overt act, or on confession in open court. Treason shall be punished according to the character of the acts committed, by the infliction of one, or more, of the penalties, of death, imprison- ment or fine, as may be prescribed by law.
7. The present seal of the State with its motto, " Montani Semper Liberi," shall be the great seal of the State of West Virginia, and shall be kept by the Secretary of State, to be used by him officially, as directed by law.
8. Writs, grants and commissions issued under the authority of 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."
ARTICLE III.
BILL OF RIGHTS.
I. All men are, by nature, equally free and inde- pendent, and have certain inherent rights, of which, when they enter into a state of society, they cannot, by any compact, deprive or divest their posterity, namely: the enjoyment of life and liberty, with the means of acquiring and possessing property, and of pursuing and obtaining happiness and safety.
2. All power is vested in, and consequently derived from the people. Magistrates are their trustees and servants, and at all times amenable to them.
3. Government is instituted for the common benefit, protection and security of the people, nation or com- munity. Of all its various forms that is the best,
.
CONSTITUTION OF THE STATE OF WEST VIRGINIA. 287
which is capable of producing the greatest degree of happiness and safety, and is most effectually secured against the danger of maladministration; and when any government shall be found inadequate or contrary to these purposes, a majority of the community has an indubitable, inalienable, and indefeasible right to reform, alter or abolish it in such manner as shall be judged most conducive to the public weal.
4. The privilege of the writ of habeas corpus shall not be suspended. No person shall be held to answer for treason, felony or other crime not cognizable by a justice, unless on presentment or indictment of a grand jury. No bill of attainder, ex post facto law, or law impairing the obligation of a contract, shall be passed.
5. Excessive bail shall not be required, nor exces- sive fines imposed nor cruel and unusual punishment inflicted. Penalties shall be proportioned to the character and degree of the offense. No person shall be transported out of, or forced to leave the State for any offense committed within the same; nor shall any person, in any criminal case, be compelled to be a witness against himself, or be twice put in jeopardy of life or liberty for the same offense.
6. The right of the citizens to be secure in their houses, persons, papers and effects, against unreason- able searches and seizures, shall not be violated. No warrant shall issue except upon probable cause, sup- ported by oath or affirmation, particularly describing the place to be searched, or the person or thing to be seized.
288 HISTORY AND GOVERNMENT OF WEST VIRGINIA.
7. No law abridging the freedom of speech, or of the press, shall be passed; but the Legislature may by suitable penalties, restrain the publication or sale of obscene books, papers or pictures, and provide for the punishment 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.
8. In prosecutions, and civil suits for libel, the truth may be given in evidence; and if it shall appear to the jury that the matter charged as libelous, is true, and was published with good motives, and for justifi- able ends, the verdict shall be for the defendant.
9. Private property shall not be taken or damaged for public use without just compensation; nor shall the same be taken by any company, incorporated for the purposes of internal improvement, until just com- pensation shall have been paid, or secured to be paid, to the owner; and when private property shall be taken, or damaged, for public use, or for the use of such corporations, the compensation to the owner shall be ascertained in such manner, as may be pre- scribed by general law ; Provided, that when required by either of the parties, such compensation shall be ascertained by an impartial jury of twelve free- holders.
IO. No person shall be deprived of life, liberty, or property, without due process of law, andt the judgment of his peers.
II. Political tests, requiring persons, as a pre- requisite to the enjoyment of their civil and political
t The word and construed to mean or. See 27 W. Va. 275.
CONSTITUTION OF THE STATE OF WEST VIRGINIA. 289
rights, to purge themselves by their own oaths of past alleged offenses, are repugnant to the principles of free government, and are cruel and oppressive. No religious or political test-oath shall be required as a pre- requisite or qualification to vote, serve as a juror, sue, plead, appeal, or pursue any profession or employ- ' ment. Nor shall any person be deprived by law, of any right, or privilege, because of any act done prior to the passage of such law.
12. Standing armies in time of peace should be avoided as dangerous to liberty. The military shall be subordinate to the civil power; and no citizen, unless engaged in the military service of the State, shall be tried or punished by any military court for any offense that is cognizable by the civil courts of the State. No soldier shall, in time of peace, be quartered in any house, without the consent of the owner ; nor in time of war, except in the manner to be prescribed by law.
13. (As amended-see Acts 1879, p. 182.) In suits at common law, where the value in controversy exceeds twenty dollars exclusive of interest and costs, the right of trial by jury, if required by either party, shall be preserved; and in such suit before a justice a jury may consist of six persons. No fact tried by a jury shall be otherwise re-examined in any case than according to the rules of the common law.
14. Trials of crimes and of misdemeanors, unless herein otherwise provided, shall be by a jury of twelve men, public, without unreasonable delay, and in the county where the alleged offense was committed,
-
£
290 HISTORY AND GOVERNMENT OF WEST VIRGINIA.
unless upon petition of the accused, and for good cause shown, it is removed to some other county. In all such trials, the accused shall be fully and plainly informed of the character and cause of the accusation, 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 be awarded to him compulsory process for obtaining witnesses in his favor.
15. No man shall be compelled to frequent or sup- port any religious worship, place or ministry whatso- ever; nor shall any man be enforced, restrained, molested or burthened, in his body or goods, or other- wise suffer, on account of his religious opinions or belief, but all men shall be free to profess, and by argument, to maintain their opinions in matters of religion; and the same shall, in no wise, affect, diminish or enlarge their civil capacities; and the Legislature shall not prescribe any religious test whatever, or confer any peculiar privileges or advan- tages on any sect or denomination, or pass any law requiring or authorizing any religious society, or the people of any district within this State, to levy on themselves, or others, any tax for the erection or repair of any house for public worship, or for the support of any church or ministry, but it shall be left free for every person to select his religious instructor, and to make for his support such private contract as he shall please.
16. The right of the people to assemble in a peace- able manner, to consult for the common good, to
CONSTITUTION OF THE STATE OF WEST VIRGINIA. 291
instruct their representatives, or to apply for redress of grievances, shall be held inviolate.
17. The courts of this State shall be open, and every person, for an injury done to him, in his person, property or reputation, shall have remedy by due course of law; and justice shall be administered with- out sale, denial or delay.
18. No conviction shall work corruption of blood or forfeiture of estate.
19. No hereditary emoluments, honors or privileges shall be granted or conferred in this State.
20. Free government and the blessings of liberty can be preserved to any people only by a firm adher- ence to justice, moderation, temperance, frugality and virtue, and by a frequent recurrence to funda- mental principles.
ARTICLE IV. ELECTIONS AND OFFICERS.
I. The citizens of the State shall be entitled to vote at all elections held within the counties in which they respectively reside; but no person who is a minor, or of unsound mind, or a pauper, or who is under conviction of treason, felony, or bribery in an election, or who has not been a resident of the State for one year, and of the county in which he offers to vote, for sixty days next preceding such offer, shall be permitted to vote while such disability continues; but no person in the military, naval or marine service of the United States shall be deemed a resident of this State by reason of being stationed therein.
292 HISTORY AND GOVERNMENT OF WEST VIRGINIA.
2. In all elections of the people, the mode of voting shall be by ballot; but the voter shall be left free to vote by either open, sealed or secret ballot, as he may elect.
3. No voter, during the continuance of an election at which he is entitled to vote, or during the time necessary and convenient for going to and returning from the same, shall be subject to arrest upon civil process, or be compelled to attend any court, or judicial proceeding, as a suitor, juror or witness; or to work upon the public roads; or, except in time of war or public danger, to render military service.
4. No person, except citizens entitled to vote, shall be elected or appointed to any State, county or municipal office; but the Governor and Judges must have attained the age of thirty, and the Attorney- General and Senators the age of twenty-five years, at the beginning of their respective terms of service; and must have been citizens of the State for five years next preceding their election or appointment, or to be citizens at the time this Constitution goes into opera- tion.
5. Every person elected or appointed to any office, before proceeding to exercise the authority, or dis- charge the duties thereof, shall make oath or affirma- tion that he will support the Constitution of the United States and the Constitution of this State, and that he will faithfully discharge the duties of his said office to the best of his skill and judgment; and no other oath, declaration, or test shall be required as a qualification, unless herein otherwise provided.
C
CONSTITUTION OF THE STATE OF WEST VIRGINIA. 293
6. All officers elected or appointed under this Constitution, may, unless in cases herein otherwise provided for, be removed from office for official mis- conduct, incompetence, neglect of duty or gross immorality, in such manner as may be prescribed by general laws, and unless so removed they shall con- tinue to discharge the duties of their respective offices until their successors are elected, or appointed, and qualified.
7. (As Amended -See Acts 1883, p. 137.) The general elections of state and county officers, and of members of the legislature, shall be held on the Tuesday next after the first Monday in November, until otherwise provided by law. The term of such officers, not elected, or appointed to fill a vacancy, shall, unless herein otherwise provided, begin on the first day of January; and of the members of the legislature, on the first day of December next suc- ceeding their election. Elections to fill vacancies, shall be for the unexpired term. When vacancies occur prior to any general election, they shall be filled by appointments, in such manner as may be prescribed herein, or by general law, which appointments shall expire at such time after the next general election as the person so elected to fill such vacancy shall be qualified.
8. The Legislature, in cases not provided for in this Constitution, shall prescribe, by general laws, the terms of office, powers, duties and compensation of all public officers and agents, and the manner in which they shall be elected, appointed and removed.
294 HISTORY AND GOVERNMENT OF WEST VIRGINIA.
9. Any officer of the State may be impeached for mal-administration, corruption, incompetency, gross immorality, neglect of duty, or any high crime or misdemeanor. The House of Delegates shall have the sole power of impeachment. The Senate shall have the sole power to try impeachments, and no person shall be convicted without the concurrence of two-thirds of , the members elected thereto. When sitting as a court of impeachment, the President of the Supreme Court of Appeals, or, if from any cause it be improper for him to act, then any other judge of that court, to be designated by it, shall preside; and the Senators shall be on oath or affirmation, to do justice according to law and evidence. Judgment in cases of impeach- ment shall not extend further than to removal from office, and disqualification to hold any office of honor, trust or profit, under the State; but the party con- victed shall be liable to indictment, trial, judgment, and punishment, according to law. The Senate may sit during the recess of the Legislature for the trial of impeachments.
IO. Any citizen of this State who shall, after the adoption of this Constitution, either in or out of the State, fight a duel with deadly weapons, or send or accept a challenge s to do, or who shall act as second or knowingly aid or assist in such duel, shall, ever thereafter, be incapable of holding any office of honor, trust or profit in this State.
II. The Legislature shall prescribe the manner of conducting and making returns of elections, and of determining contested elections; and shall pass such
CONSTITUTION OF THE STATE OF WEST VIRGINIA. 295
laws as may be necessary and proper to prevent in- timidation, disorder or violence at the polls, and corruption or fraud in voting, counting the vote, ascertaining or declaring the result, or fraud in any manner, upon the ballot.
12. (As amended in 1902-see Acts of 1901, p. 457.) | i The Legislature shall enact proper laws for the registration of all qualified voters in the State.
ARTICLE V.
DIVISION OF POWERS.
I. The Legislative, Executive and Judicial Depart- ments shall be separate and distinct, so that neither shall exercise the powers properly belonging to either of the others; nor shall any person exercise the powers of more than one of them at the same time, except that justices of the peace shall be eligible to the Legislature.
ARTICLE VI.
LEGISLATURE.
I. The legislative power shall be vested in a Sen- ate and House of Delegates. The style of their Acts shall be, "Be it enacted by the Legislature of West Virginia. "
2. The Senate shall be composed of twenty-four, and the House of Delegates of sixty-five members, subject to be increased according to the provisions hereinafter contained.
3. Senators shall be elected for the term of four years, and Delegates for the term of two years. The
296
HISTORY AND GOVERNMENT OF WEST VIRGINIA.
Senators first elected, shall divide themselves into two classes, one Senator from every district being assigned to each class; and of these classes, the first to be designated by lot in such manner as the Senate inay determine, shall hold their seats for two years; and the second for four years, so that after the first election one-half of the Senators shall be elected biennially.
4. For the election of Senators, the State shall be divided into twelve Senatorial Districts, which num- ber shall not be diminished, but may be increased as hereinafter provided. Every district shall elect two Senators, but, where the district is composed of more than one county, both shall not be chosen from the same county. The districts shall be compact, formed of contiguous territory, bounded by county lines, and, as nearly as practicable, equal in population, to be ascertained by the census of the United States. After every such census, the Legislature shall alter the Senatorial Districts, so far as may be necessary to make them conforin to the foregoing provision.
5. (This section gives the original apportionment of the state into twelve Senatorial Districts. As pro- · vided in the preceding section, the districts may be altered after each census of the United States. The number of Senatorial Districts has been increased to fifteen, each of which is made up of three or more counties.)
6. For the election of Delegates, every county con- taining a population of less than three-fifths of the ratio of representation for the House of Delegates,
CONSTITUTION OF THE STATE OF WEST VIRGINIA. 297
shall, at each apportionment, be attached to some contiguous county or counties, to form a Delegate District.
7. After every census the Delegates shall be appor- tioned as follows: The ratio of representation for the House of Delegates shall be ascertained by dividing the whole population of the State by the number of which the House is to consist and rejecting the frac- tion of a unit, if any, resulting from such division. Dividing the population of every Delegate District, and of every county not included in a Delegate Dis- trict, by the ratio thus ascertained, there shall be assigned to each a number of Delegates equal to the quotient obtained by this division, excluding the frac- tional remainder. The additional delegates necessary to make up the number of which the House is to con- sist, shall then be assigned to those Delegate Districts and counties, not included in a Delegate District, which would otherwise have the largest fractions unrepresented; but every Delegate District, and county not included in a Delegate District, shall be entitled to at least one delegate.
8, 9. (These sections give the original Delegate Dis- tricts and the original apportionment of Delegates to the various counties and Delegate Districts. Since the constitution was adopted, the number of Delegates has been increased from sixty-five to ninety-four, and the apportionment of Delegates has been altered accord- ingly. After each United States census, the Legisla- ture apportions the Delegates to the counties accord- ing to the rules laid down in Section 7. Since
L
298 HISTORY AND GOVERNMENT OF WEST VIRGINIA.
1901 there have been no Delegate Districts; each county has at least one delegate.
IO. The arrangement of the Senatorial and Delegate Districts, and apportionment of Delegates, shall here- after be declared by law, as soon as possible after each succeeding census, taken by authority of the United States. When so declared they shall apply to the first general election for members of the Legislature to be thereafter held, and shall continue in force unchanged until such districts shall be altered, and Delegates ap- portioned, under the succeeding census.
II. Additional territory may be admitted into, and become part of this State, with the consent of the Legislature and a majority of the qualified voters of the State, voting on the question. And in such case provision shall be made by law for the representation thereof in the Senate and House of Delegates, in con- formity with the principles set forth in this Constitu- tion. And the number of members of which each House of the Legislature is to consist, shall thereafter be increased by the representation assigned to such additional territory.
12. No person shall be a Senator or Delegate who has not for one year next preceding his election, been a resident within the district or county from which he is elected; and if a Senator or Delegate remove from the district or county for which he was elected, his seat shall thereby be vacated.
13. No person holding a lucrative office under this State, the United States or any foreign government; no member of Congress, no person who is a salaried
CONSTITUTION OF THE STATE OF WEST VIRGINIA. 299
officer of any railroad company, or who is sheriff, con- stable, or clerk of any court of record, shall be eligible to a seat in the Legislature.
14. No person who has been, or hereafter shall be convicted of bribery, perjury or other infamous crime, shall be eligible to a seat in the Legislature. No person who may have collected or been entrusted with public money, whether State or county, township, district, or other municipal organization, shall be eligible to the Legislature, or to any office of honor, trust or profit in this State, until he shall have duly accounted for and paid over such money according to law.
15. No Senator or Delegate, during the term for which he shall have been elected, shall be elected or appointed to any civil office of profit under this State, which has been created, or the emoluments of which have been increased during such term, except offices to be filled by election by the people. Nor shall any member of the Legislature be interested, directly or indirectly, in any contract with the State, or any county thereof, authorized by any law passed during the term for which he shall have been elected.
16. Members of the Legislature, before they enter upon their duties, shall take and subscribe the follow- ing oath or affirmation: "I do solemnly swear (or affirm), that I will support the Constitution of the United States, and the Constitution of the State of West Virginia, and faithfully discharge the duties of Senator (or Delegate), according to the best of my ability"; and they shall also take this further oath,
--
300 HISTORY AND GOVERNMENT OF WEST VIRGINIA.
to-wit: "I will not accept or receive, directly or in- directly, any money or other valuable thing from any corporation, company, or person, for any vote or in- fluence I may give or withhold, as Senator (or Dele- gate) on any bill, resolution or appropriation, or for any act I may do or perform as Senator (or Delegate)." These oaths shall be administered in the hall of the house to which the member is elected by a judge of the Supreme Court of Appeals, or of a Circuit Court, or by any other person authorized by law to admin- ister an oath; and the Secretary of State shall record and file said oaths subscribed by each member; and no other oath or declaration shall be required as a qualification. Any member who shall refuse to take the oath herein prescribed, shall forfeit his seat; and any member who shall' be convicted of having vio- lated the oath last above required to be taken, shall forfeit his seat and be disqualified thereafter from holding any office of profit or trust in this State.
17. Members of the Legislature shall, in all cases except treason, felony, and breach of the peace, be privileged from arrest during the session, and for ten days before and after the same; and for words spoken in debate, or on any report, motion or propo- sition made in either house, a member shall not be questioned in any other place.
18. The Legislature shall assemble at the Seat of Government biennially, and not oftener, unless con- vened by the Governor. The first session of the Leg- islature, after the adoption of this Constitution, shall commence on the third Tuesday of November, 1872; and the regular biennial session of the Legislature
1
-
CONSTITUTION OF THE STATE OF WEST VIRGINIA. 301
shall commence on the second Wednesday of January, :875, and every two years thereafter on the same day.
19. The Governor may convene the Legislature by proclamation whenever, in his opinion, the public safety and welfare shall require it. It shall be his duty to convene it, on application in writing, of three- fifths of the members elected to each house.
20. The Seat of Government shall be at Charles- ton, until otherwise provided by law.
21. The Governor may convene the Legislature at another place, when, in his opinion, it can not safely assemble at the Seat of Government, and the Legisla- ture may, when in session, adjourn to some other place, when in its opinion, the public safety or wel- fare, or the safety of the members, or their health shall require it.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.