The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1872-10-26
The CONGRESS ELECTION.
The Law on the Side Of Aug
USt as Against October.
But the whole August Election
for Oh oerB Invalid.
A Clear PreseBImenI OF the Case b!
al Eminent Member OF the Legal
PIOIession.

To he Editors a n. IriEIHEsne;G.
A grea: deal has been said in your pa
p: aoo1. or Congressional election, and
iiis quite likely that yoa: patience and
taai Of your readers Is pretty well ex.
hsus;ei, but l propose 70 throw in ny
ni:eif you will allow i, pl.ce in your
plper, aod s1ch IS it may be it is the fol.
loving:
Section 4, Article /, ofthe c Constitution
OF the United States provides: The
tlue, places, and manner ofholding elec.
,ioas FOR Senator'S and Representative:
shall be prescribed in each State by the
Legislatures thereof; but the Congress
may at any time, b. law, make or alter
such regulations, except IS TO the places
Of choosing Senators"
Congress has passed laws regulating
e!ec;i0os for Senators and members o.
tie House Of Representatives, bat IS &c
the election o! members Of the House q
Representatives the law does 10; take e!
feet this yeAr, so tbs. all elections ioG
members Of Congress which tsks plsce
this yeAr mus, be held under STATE
lava
The constitution OF this State in to7cs
prior 10 the 22i dag Of August LAST, att
Gle 3, section :, provides that The genes
4! elections 0: State aod county oAoers
and Of members OF the legislature, shaI
b held on the fourth Thursday Q! ocio
5er.'
Section o:chap;s. 8 of the Code, is F..
substantial copy Of the above section o
the S;s;e Constitution, s. follows:
The general elections toc STATE, dis.
;.ct, comfy, aud township officers, and
members otthe Legislature, shall b. held
on the fourth Thursday Of Oc:o5s.."
The second section 0. said chapter, e
"a. S il relates TO the election 70. mem
bers Of Congress ius this year, making
some allowable verbal alterations sad
ttansposi.ioas, bat preserving the sense, i!
As follows: "At the said elections in 1872
there shall b elected a representative il
the Congress Of the United Sistes for The
term beginning o. the fourth day O
March next alter the election, for ever
Congressional district"
The words said elections in the sec.
ond section re!er 10 and are the equiTA
lent Of the words general elections 70!
State, district, county, and township OH
Gers and members Q! the legislature" in
the frs; section.
The first and second sections Q! said
chapter, printed together, are, IS l read
them, as follows
SECTION /. The general elections 70,
State, district, county. and township OF.
GERS, and members Of the legislature, shall
be held on the fourth Thursd4y Of Octo-
Der"
SEC .. AT the said elections, in 1872.
there shall be elected representative in
the Congres: 0: the United States for the
term beginning On the fourth day OF
March next alter the election, for every
Congressional district"
lassume thst 10 man Of ordinary under.
standing viii deny that this is 9 correct
rendering Of the frst snd second sections
O. chapter 8 Of the Code, 50 Tar as they
relate TO the elections OF members Of Con.
gress.
Before the 2?d day Of August last, and
after the Code weni into effect, there was
no law in force regulating the time oil the
election Of members Of Congress, except
The election law in the Code.
As | have already shown the frs; sec.
ton OF the election law is copied from
the Constitution. All the force 4nd effect
il mas it gets from beng part 0! the Con.
si!tution. 1t was only printed as the first
section Of the election Law fov the sake Of
convenient reference, and the legislature
could not, ii it would, have made it any
thing different from what tits.
Il is said that the elections for member,
OF Congress, ifregulA,ed by Sts.e autho,i.
ty, unless to fill vacancy, can only be
regulated BY the Legislature, and 50 saw
the section 0; the Constitution o! the Uni.
ted States, which l have quoted.
The FIST section OF the election law
which have qaoied, is part OF the Con
sdtution, is not the act OF the Legislature
and hiss nothing 20 do with the election o.
members OF Congress Itrela,es only ,c
the elections Of State and local officers.
The second secdon provides for TIT
election Of members OF Congress at the
other elections, not aIhe tine ofthe o,hel
elections, and is the act Of the Legisls
ture.
The first section may be changed en-
tifely as to the time Of the elections O.
State officers by any authority with powel
TO make the change, and the second sec.
ton, until changed by the Legislature, a
10 the election OF members OF Congress
remains intact, and refers to whsteveI
changes, or takes thep!Aee Of the first sec
ton.
The Charleston Convention submit;eS
the Constitution framed By it 10 the pee
pie for ratification or rejection, at a vote
to be taken on the 22d day of August last
The 9Th section Of the schedule attach
ed TO the Constitution provides:
"on the same day, and under the super
intendence OF the officers who shall con.
duct the election for determining the rati