Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1872-06-25
IFrom the wheeling kesistet.l
An Important Question.
When Is The Congressional Election To Be
Held IN West Hirqinia.
49, -.
MoRGANTowN, June l6. 1872.


MoRGANTowN, June 16, 1872.
Editors of the Register:
GENTLEMEN-Ise see on examination of the
Register of to-day that there is to be a Con.
yention held at Grafton, on the 9Th of Sep.
TENDER, to nominate a candidate for the Sec
sond Congressional District, and this brings
to my mind the importance of the question
mooted here for some days, as to ,ehen, in the
event of the adoption of the new Constitution,
Congressman will or should be elected for
this State Should it be the fourth Thursday
of October, as now provided, or the second
Tuesday of October or fourth Thursday of
August the days fixed forthe general election
of'the State for State officers. by the Schedule
tosthe new Constitution Some of our law
yers and politicians hold one, aud some the
other. What say your /, too, have. an
opinion on the subject, although it may be
erroneous. 1t will be seen that neither the
present nor new Constitution provides, in
FERNS, for the election of members of Congress,
but simply for annual general State elec>
ton for State officers.
The Code, chapter 8, section 1 provides or
fixes the time when the said general election
shall be held. Section 2, among other things.
provides, that in 1872 and every second year
thereafter, member off Congress shall be
elected at said election. So that if the new
Constitution should not be ratified on the
fourth Thursday of August, there can be no
trouble; but if lit is, what then? Will not
the above provision. or sections of the Code,
be left and remain IN force. only and except
SO far as the same is in conflict or repugnant
to the provisions of the new Constitution p.
How far. then. are its provisions in conflict
with said provisions of the Code? General
elections are alike provided for bv both but
the time of holding such general election is
changed. and instead of the fourth Thursday
OF October, the day no,o provided for holding
said general election. the fourth Thursday of
August is substituted by the Constitution, for
this year, and after this the second Tuesday
October IF. then, the time is simply changed,
and the said sections of the Code in all else
remain in force, it seems to me that Congress-
men are to he elected at the general State
election. We can have but one such this
year. and that on the fourth Thursday of Au-
gust. There is no law of our State (and 1
know of no other) authorizing the election of
member of Congress in this State only at a
general State election. There can be none
such this year. either on the second Tuesday
or fourth Thursday of October. IF this be
So. then such election must take place on the
fourth Thursday of August. this year. or not
at all until further legislation is had, and that
cannot we'll be until too late for the meeting
of Congress, it seems to me. The notice for
the Grafton Congressional Convention. for the
9Th OF September. seems to recognize an cleo
ton for Congress in November. Is there any
law for thisY 1 write you this that you may
develop the law of the case, SO as to prevent
any possible advantage being taken of us by
the Radicals. I fear that some of them NAV
procure themselves voted for at the August
election. and, in the event of the adoption of
the constitution. go before Radical Congress
and claim and get seat there. by fraud or
oversight. P. II. KECK.
1--WE call especial attention to the foregoing
letter of Mr.. Keck, and would like to hear
the views of the legal fraternity upon the
question in time for our next issue