The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1872-10-11
THE Re7i,ser seeks 70 jusdiy lie

Constitutional Convention in ordering
the election Of oaoers By citing the fsct
thai The Convsuioa which framed the
rs. Constitution 70. this State did the
same thirz The cases are not parallel
Wbea TIE !Siter boiy acted there Eis
vel DO Stsie legislature. To pat the
State Governmea, into operation il WIS
necessary 70. the Convention TO exercise
Lzgisla,i5e Pozers TO provide fo' the e'ec-
t13 @: legislature and oHoerA The
Gz.e.ll Assembly Of yrgniA NIGH; have
easc.ei TIE Necessary Legislation, but
i1ere WIS n CbTioas p.opfietT in hsT-
is- II dooe by s body chosen exclusively
ION the territory o. the new State. The
c .renaoo wAs the oaly sOeh body in
existence Moreover, the Convention
VS. body crested not BY the COnsiitu-
tga o. Virgins bat by ordinance Of the
Cyaysplga Of 1851, which exercised some
oasinl powers. snd it might t4if'
" b. he'd ihst ihAt body in 50.
thUizing = new stsie and creating
convention 10 frame an organic Law io'
!; necessarily invested that convention
with The powers requisite to put the gov.
ernmeDt Il the new State in operation
The public eIigeDcies required that body
TO exercise legislative poEeTs, and s1ch
necessities make iAw. Bot the urques-
tionable pruprie;y Of what WAS done By
that Constitutional Convention 10 pat the
machinery Of the S.Aie goTernnen: il
motion affords no reason Tor similar &C
tioa on the par; of the Convention that sal
3, Charleston last winter Because il the
latter case We had 8 State government in
f1l operation, with legislature 10 which
the Constitution c0Dfded exclusively the
legislative powers Of the people. There
was no necessity, 10 authority, no excuse
ior the assumption and exercise Of such
powers By the Convention.
Il is worthy Of mention that the Con-
ven;ion which framed oCr first ConsIitu.
ton was rot guilty Of the sbsurdity o.
submitting TO popular vote the ordinances
(or sets OF legisIsiion) passed by it for sub
hitting the Constitution, for election oil
Officers, SC. That body had no sinister
purpose to eject by asking the people to
ratify their ordinances, as the late Conven.
ton had. 1t Is 10 be noted also that the
iormer Convention did not order the cleo.
ton OF officers III the time Of submitting
the Constitution. There was 10 purpose
then, as there was last winter, to force q
ratification by coupling an election
Tor all the officers in the State
with the vote on the Constitution
but there was purpose, as there
was not at Charleston last winter, to have
an unbiased expression on the Constitu-
ton upon its merits. The citation Of this
case is, in al its aspects, an unfortunate
one IoE the Register.
Then the Register tries TO justify by pre-.
cedent the action Of last winters Conyen.
ton in trying TO make the Constitution
when ratified operate retrospectively go
as to cover the day Of election. 1t cites
the action Of the Virginia Convention
that passed the ordinance OF secession and
provided that when ratified itshould take
effect from the time it was adopted by
the Convention. That is a pretty exam.
pie TO quote. That Convention was q
revolutionary body. The ordinance was
not ratified, and get the Convention, utter.
" ignoring that TACT went on to enforce
it all the same, as it meant TO do from
the beginning. That body, which even
disregarded its own ordinance, is not TO
furnish precedents for lawful public bodies
in these peaceful times.
Then again the Register says:
The State Of West Virginia has twice
adopted amendments 10 It's first Constitu.
ton, and in each case gave effect to the
amendment from the date Of its ratifica.
ton by the people, Notwithstanding the
Governor was required to make procls-
nation Of the result
These amendments were in each case
operative from" the day they we're rati.
fled, but in neither case including that
day, as was attempted in the matter Of
this new Constitution.
We believe that last Tuesday was the
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