The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1872-04-15
How the Constitution is to be Put In
Fnrce-..Soma Features w orth Con.

Force-.-Some Features W orth Con-.
sideEing. .rr ID IA
The Convention that has proposed this
amended Constitution for approval or re-
lection, was called and held under au.
thority found in section / OF the X1Ith
Article Of the existing Constitution. That
section provides for such conventions to
alter the G Constitution. II concludes with
this express declaration:
"And all acts and ordinances OF said
Convention shall be submitted to the
voters Of the State for ratification or re-
lection, and shall hare no yGlSdity SctGt-
eVcr until they arc ratified; and in no epent
shall they, Iy any shift on deutee be made TO
haVc any hstrospectiSe action or G6Sct." N'
Yet section Q Of the Schedule TO the
proposed Amended Constitution, after
providing that the GoyEREoR shall as
certain and make proclamation of the re-
suit Of the vote thereon, adds:
"And il 1t shall appear from the said
proclamation that a majority Of the votes
cast are in favor OF their ratification, this
Constitution and Schedule shall be opera
tige and in full force from AND INCLUDING
tie fourth THurSdayof August, 1s79."'
1t cannot be held, upon any principle OF
justice or reason, that the Constitution
will be ratified until the fact has been lc-
galIy asccrNtned and proclaimed. No
people ought to be held subject to law
before 1t shall legally and officially appear
that there is such law. Still more mon.
strous would 1t DO to subject whole State
to a new organic rule, completely revolu.
tionizing the old, before the people could
possibly know that the new had been rati.
fed and become law. 1t was therefore
agross pervcrsion Of law and justice, un'
der any circumstances, to provide that the
new Constitution shall become operative
before official proclamation Of Its ratiflca.
ton.
But il il should be held that there is
ratification before it is officially made
known-that the Constitution will be rat.
flied IN fact when the polls close on the
evening OF the fourth Thursday ofAugust,
there Is still nothing to justify going
back Of that, rs this retrospective scheme
does. 1t makes the operation of the new
Constitution include the day Of election,
the effect beginning ut midnight Wedncs-
day night, eighteen hours before the bal
lots will have all been cast and before it
can possibly DO assumed, by any sort of
forced construction, that it has been rati-
fed-indeed, eight hours before the peo-
pie begin to vote on the question at ALL.
1t is doubtful, to say tho least, whether
an election held as this will be, under as.
sumed authority Of the Convention to
elect officers to fill offices which cannot
exist till after the election, will have any
validity. Whatever bad precedents there
are in this direction, we had right to ex-
pect from promises made, that our Dem
ocratic friends would not pursue them,
but would have some regard for justice
and propriety; that there was to be no
more usurpation of powers; no more de-
partures outside Of the constitution; and
that in future all things were to be done
decently and in order. But this Just ex-
pectation is disappointed at the very out
set. To carry out purely partisan ends.
ends which statesmen would not stoop to
we find the Convention asserting oil
tho doubtful powers ever before asserted
by any similar body; assuming the tunc-
tions OF the Legislature, and disregardlng
the organic law Of the State by whose au-
thorily alone they acted. Iu order, by a
combination of extraneous Influences,
to force an approval Of their work
to hasten tho expulsion of oil
the officers Of tho State and tho install.
ment Of themselves and friends in their
places-the Convention, without regard
tolaw or propriety usurped tho functions
OF the Legislature and also undertook to
put u new government in force in the
State before the people have voted
whether they will have it or not.
What specific purpose turks behind this
retrospective scheme VIC cannot now I'm.
dertake to indicate 1t may appear be.
fore the election comes round. s...