Staunton spectator, and general advertiser. [volume] (Staunton, Va.) 183?-1849, 1837-05-25


election, SO the second goes out of office al
The end OF two, the third at the end of three,
and the fourth at the end OF four years after
the same election, and their successors come
into office at the respective periods at which
they 60 out The first general election was
in October 1881. That must fix the time Of
the year at which the senators respectively
go out Of Office. The class going out oofIice
in 1886, must 90 out of office in October. II
will fellow as consequence, that the class
elected in 1887 do not come into office until
October. Otherwise there would be two
senators entitled TO the same seat, each in
cumbents of the same office.
AS TO the members Of the house of dele,
gates. IL would seem reasonable that when
the convention created a legislature, consis-
Ting Of two houses, and fixed the FIRST gen
eral election, as the Time of the year at which
tho terms of office of the members of one
| house commenced, that this provision fixed
! the same time Tor the commencement ofthe
| terms OF office of the members OF the otbe-
house. The two houses constitute the gen
oral ns.e"ahly- In that assembly the whvle
power OF putting the new government into
operation was vested. Ii possessed The paw
er OF appointing, TO all important executive
offices created by the new constitution of
framing the laws for the regulation OF the iu-
dietary and OF appointing the judges With
out ITS action the new government could no,
| go into operation. The election of members
to compose this assembly was the first act of
the people, by which the powers Of the new
government were to be called into operation.
! The concurrent action of both houses was
necessary 10 exercise the high powers conf
lied to the assembly. Hence il was proper
that both houses should he called into oXis-
ience al the same time. The elections to
I,niJ
The commencement of the terms of office of
the members of one house was fixed at the
time OF this common election and that in
the absence OF contrary stipulation, Dug ht
TO AK the time al which the Offices of tho
members OF The other house commenced.
| AZ the term ot Office commenced al asy o.
| Their period, il must he before or after the
October election. Could the term have COM
menced after that election There is no
provision that il should. II il an office for
which there is no incumbent, which is neces-
saIy to be filled, and which is tn he filled by
this election. In the absence OF any provis
ion that the term of the delegates should
commence at subsequent periud, IL would
be difficult 10 establish that il should by mere
construction, but when we look for some
thing 10 found construction on. we find that
the term Ut office Of members al the concur
! rent branch nf the assembly is fixed al this
election. This must rebnt any presumption
that II is fixed at a subsequent time.
Can the tern OF office commence before the
election To hold that i; would, we must
establish, that the term commenced at some
| previous time, and this election was held to
fill an unexpired portion Of the term. II so,
when did il commence? Ii could conf
nence before the constitution was adopted
| by the people. The only question can be,
| hot or cd bef if,,t,
WAS adopted. or al the first electio" =" ooto-
ber
am satisfied that il commenced al the
October elections.
The act to organize a convention passed
February 10Th, 1929. Ii was amended by
AN act passed the 18th OF February, 1890
These acts provided for the election Of the
members of the convention, for the organi-
cation of the body, and the mode IN which
the constitution was to be submitted TO and
ratified by the people and put into operation.
Polls of the votes tor and against the ralifi-
cation of the constitution were To be KEEP, at
the April elections: These polls were to be
returned to the Executive. The Executive
was TO examine them, TO decide II the con-
stitution was adopted or rejected, and make
proclamation Of the result. II doubt was
entertained, the 4th section of the amended
law provides, (see Supplement, pages 10 &
H. chat the executive should forthwith
convene the general assembly, as they may
| for other cause if The public good require.
| The 9th section OF the amended act, (page
| H. provides that if tho ameaded constiiu-
| ton be ratified and proclaimed, IN election
Of mambers fer the senate and house OF dele
gates shall he held by the officers, Sc. au-
I lhorIZetI TO hold elections Tor members OF the
general assembly for the present year, al
their respective court days in October, Tor
| the choice Of senators and delegates, accord
! ing 10 the prov isions OF the amended cons
StItuiion.
This amended act " as passed after the con-
vention adjourned. 1t was passed in pursu>
ance Of the ordinance Ofthe convention trans
miiling the constitution TO the general as
sembly then in session, and requesting them
TO make any additional provision by law for
submitting il TO the voters al The April cleo
tions, and for organizing the government un.
der the amended constitution, in case it should
! be approved and ratified.
The Sth article ofihe constitution provides,
! that "ihe executive department of the gov
eminent shall REMAIN as at present organic
! ed; the governor and priyy councillors to
continue IN Office until governor elected
under this constitution shall come into Of
lice; all other persons in Office until success,
sors shall be appointed, or the law otherwise
provide, and all courts Of justice shall con-
tinue with their present jurisdiction, until,
and except so far as the judicial system shall!
be otherwise organized by the legislature.
From comparison Of this article Of the
constitution with the ordinances Of conyen-
ton, and the two acts Of the legislature above
mentioned | deduce the follovinp cnncIu.