The Local news. [volume] (Alexandria, Va.) 1861-1862, 1861-11-15
and other Corporation officers, shall take place
on the first Tuesday in March. 1853, and an .

on the first Tuesday in March, 1853, and an :
nually thereafter on that day Of each year.
These officers are all elected for the t4rmsof
year On the first Tuesday in March, 1861,
the present incumbents were duly elected.
and the term for which they were chosen has
not yet expired. and, so far as we are inform
ed, there is, at the present time, no vacancy
in any of these Offices. No lawful election
can be held on the Goth inst. for persons to
fill these ofhces-first. because there is no va
cancy to be filed. 1t is essential to the valid
election of Corporation officer, that there
be vacancy at the time Of the election, or,
as the case may be, that the election be had
in reference to vacancy which, by the char
! ter, will exist, at the time when the term of
the person elected is to commence. There
can be no election in reversion and, accord.
ing to this principle, if an election were now
held by the people, and by death or resigna.
tion vacancy should hereafter occur, the
person chosen for the office so becoming va
cant could not succeed to the vacancy. An
gel & Ames Cor, sec. l23.)
Secondly. No election is valid unless it be
held on the "charer day." or day named in
the charter as the day on which elections are
to be held. Therefore this day must be fixed
and certain. So absolute and inAexble is this
rule of law, that, in Il reported case, where
the charter day was movable holiday, it
was contended that as this was not a day
certain, an election on that day was not va
id, and the court recognized the principle by
deciding that this case came within it. An
gel 4 Amos Cor, sec. l24.) 80
Now the day fixed by the charter of this
city for holding elections for the officers of the
Corporation is certainly the first Tuesday in
March Of each year, and the Corporation it.
self has not the power to change the day of
election. This can only be done by an amend
ment of the charter.
Thirdly. The right which the charter con.
fers upon IA Corporation to elect its wn off.
GERS, as well as the right which each officer
has to the enjoyment Ut the Office during the
term for which be has been duly elected, is
franchise conferred by the sovereign author
ity of the State-theretore to violate the
charter of the Corporation by intruding per-
sons into its Offices, contrary to the provisions
of the statute by which it was created, is an
Invasion OF the sovereign prerogative, and
high offence against the Stote. CANCEL &
Ames Cor, sec 737.
We have thus briefly examined the law APP
plicable to this case, which pronounccs tie
election proposed to be held on the 2Oth inst
for members of the City Council, Mayor and
other officers If the Corporation, illegal and
void. But it may be that the law. as we have
stated it, is recognized as UNREASONABLE. and
that, notwithstanding the fact that this cleo
tion will be unlawful, it has been determined
upon, for State reasons, although it involves
The revocation of the charter of this city, nv
the destruction OF one of its most essential
attributes. To this exercise of power utter
~ unwarranted and incalculably dangerous,
We counsel an earnest and determined pro-
test!
The circumstances of revolution by which
We are surroun ded cannot be urged Us JUS
'ification Of this proceeding, nor can the Sc
session ut the State Of Virginia from the
Federal Union be pleaded in extenuation Of |
his monstrous violence to corporate rights
or, in the emphatic language of the highest
authority, "Me dismemberment Of empire, 1t
s aocU settled, causes no destruction to the
ivil rights Of individuals or corporate bo-
lies" (Angel & Ames Cor, sec. 767
No matter what political commissions may
hake the pillars Of State, or shatter the forms |
# government-no matter though thrones
hould crumble into dust and republics burst
nto atoms-the chartered rights of corporate ,
'odies are unaffected by these revolutions,
md must survive them all! We do not pre-
end to say that the charter of public cor
'oration cannot, under any circumstances,
70 revoked or remodeled. but we do maintain
hat this can only be done by the Legislature
which granted the charter; and further, that
he Legislature can exercise this power only
,nder such limitations as will protect the
tights Of property, and preserve, to individ.
lals such franchises al the charter grants
hem, and which they have not forfeited. "a.
4 A. Cor, sec. 767.
In the days Of despotism, "when BY the
theory of the British Constitution psrlia.
ment was omnipotent, and an act of that
body was efectual to the dissolution of a
Corporation, it was claimed as an honor 70
the British nation that this power, restrained
by public opinion, rested mainly in theory.
and with one or two exceptions. was never
exercised" And, when in later days, 50 bill
Was introduced in parliament for the pur-