The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1872-06-27
The Congressional ion Election
Day OF Voting.
LEwIsBURG, June %, 1872.


Editors Of the Register:
have received your note Of the 10Th
inst. calling nv attention to an article in
the REGISTER Of the 10th inst. in regard
to the time for holding the election in
this State for members of Congress and
asking my views.
have examined the article alluded
to and the letter of Mr.. Keck, which
gave rise to the article.
1t is an important question and ought
to be settled at once 80 far IS public
opinion can settle it.
The act of Congress does not seem to
be applicable to the Congressional cleo
ton this fall. We must therefore leave
that out Of the question. Nor do l
think that the provision in the Schedule
to the new Constitution, which you
quote in your article, affects the ques-
ton. 1t provides for the election, on
the fourth Thursday in August, OF
Senators and members Of the House
Of Delegates and all officers, executive,
judicial, county, or district, required by
this Constitution to be elected by the
people" Members of Congress are not
embraced, and ought not to have been.
because until the Constitution is ratified
by the people it is dead letter. ] there
fore regard the Schedule, like the act
Of Congress, as imperative upon the
question.
If the new Constitution shall be rati-
fled by the people does it affect the
question? The 9th section of the
Schedule makes it the duty Of the Gov.
ernor upon ascertaining the result Of
the vote upon the question Of the ratl-
fication Of the Constitution and Sched-
ule to declare the result by proclama.
ton. "And if it shall appear from the
said proclamation that q majority OF
the votes cast are in favor Of their ratl.
fication this Constitution and Schedule
snail be operative and in full force from
and including the fourth Thursday Of
August, 1872" Thus it appears that
the new Constitution and Schedule
will be in force, if ratified. on
and before the second Thursday
in October. and if it provides tor
the election OF Congressman this iail'
it will control the question. l think,
however, that it does not.
The 7th section OF the 4th Article
provides that "the general election of
State and County officers and members
Of the Legislature shall be held on the
second Tuesday OF October, until other
wise provided by law" 1t is plain that
this clause does not embrace members
of Congress, and my belief is that there
10 no other clause which does. The
Convention, no doubt, intended to omit
the question, from belief, if for no other
reason, that Congress had disposed o: the
subject. 1t appears to me, therefore:
that-the day OF election for members OF
Congress this year, in this State, is not
fixed either by the act of Congress, the
Schedule or the new Constitution; but
il is fixed by the act of Assembly.
The lst section of the Sd Chapter Of
the Code, page A, fixes the fourth
Thursday in October for the general
election Of State, District. County, and
Township officers and members OF the
Legislature. And the I'd section pro-
vides that in the year 1870, and every
second year thereafter. q Governor,
Secretary of the State, Treasurer, Aud
itor and Attorney General, &c, and a
Representative in the Congress of the
United States for the term beginning on
the fourth of March next after the
election for every Congressional District
shall be elected. This law remains in
force, except 80 far as the same may be
changed or modified by the Constltu.
ton or Schedule, and | have attempted
to show that neither the Constitution
nor Schedule affects the question
The result in my opinion is, that
members of Congress are to be elected
in this State on the fourth Thursday in
October next.
Very truly and respectfully,
SAMUEL PRICE.