Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1852-02-19
oireiili, .fret ])rs.
BY n. III 'naTTsr,ps& co.
THURSDIydU RNIn y
F9rn1I:;sY{RY 10, 1852.
n -
fMEsNEW CONsTITUTIpNfsns'
ASnoIHER OH

~. ss.,,,,. 60. constitution. has wholly j
,h,yz; = laws lnsohsisrnt with
T. ~ & 80 - !, provisions. The two ers.-
ojnisb. esrnnt exist: nor can there be az par
,iaior liare.i.F existence Of he Old cons
lis nrori.;or still 10 force eand poye .nl have
their beisg only as they have bes. adoTsrd BY, and
made paft and parcel Of The rsw n.1rument. The
old eonssitusior died VIA The 1rsi sqnsII Of The
nav bansiing FOOD aud sEaddiing bands were
ussdcd, however, fof this infant sembOdiment Of
lie sen,imehts Of Che public heart and hence The
necessity Of adopting for time, some q The
provisions and the organization Of the old constiu
lion, for ire fan and proper Development Of the
new
n sLiving under new constitution, we still seem
sybseoyerned BY the old The same forms are used;
ahd he persons found In Office, are still in their acr
casi5med plaecs--haging all been taken into, ser
siceby their new MASTER Every thing moves with
suchperfect smooihness that Il would seem as II The
l@serf Of aaverflaani had only been neglr
an and therefore fearful import, were Impending
rs,o,s = careful examination Of its framework,
d ~ enr,asou cannot be resisted, hat The persons
80, "a see nj ust be regarded. as officers rndefthis
appreciated By DE instrNmen. Itself
4, = -sddefni'e period 10 vii: 10 occupy until
irritable provision be made for the action Of the
pecpe-and that il is intended 10 conlinte the in
simbents in Office until their successors, under the
atp consatHtion. shall be qualified See IA : She
dalet0 ner ConstitntioH..
sI,is nantes, that the provision In the last clause
uffhis section, in regard TO vacancies ins efice,
happening before such qualification, refers to ac-
eideEial vacancies, only as The meaning iof the
word. happeHing, Coming by chance, unexpectedly
ofiiselG would indicate. tn
The writer Of Ills article ifhe has not misappre-
hended the structure oteur organic law, maintains:
8 isi That the persons now in Office hold under,
andsin virtue Of their appointment by the new con-
stitutian. /
I'd. That their tenure Of Office is, in effect during
good behavior; and until their successors 70 be
efetted BY he people, shall be qualified.
p Sd. That the provision asto vacancies, is appli-
cable to accidental vacancies, alone and not to
vacancies recurring by operation OF law and
Therefore, tha, there can be no qualification of
,ep sheriff, at the lime of the regularly recurring
vacancy this spring, aeeording to the laws hereto
iore7regulating thai subject nor can the present
Legislature so provide, as has been suggested. But
the person insotiise must continue in Office, until
bis successor shall be elected bythe people and if
there shall be failure, from any cause to elect
successor for one or for tep years, the incumbent
wli sill hold The 6sics- anlss he may choose,
meantime to die or resigns
The examination Of this question, has suggested
another. II the persons now Aottfng office, may be
regarded as constitutional appointments. Are not
the present. Judges entitled 10 receive the salary al
hxcd 10 the Office Nv the constitution, from the pc
riodo its adoption? And the Justices, To- the per
diem compensation, TO be ascertained by lava