The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1872-10-26

ASSUME lOI lnG pISsC1N luAN 10 eleC-
ton for State. district or county officers
can be held this year, except what Is pro-
Tided for in this section Of the schedule.
Il this provision Of the schedule is to have
any eject it'Supercedes the section quoted
from the old Constitution, and also BY con.
sequence, the first section Of the election
law quoted from the Code. II the cleo.
tions held in August for State officers are
valid, this provision ofthe schedule Is what
they were held under, and what's for the
time being the first section OF the election
law. Fox the sake Oh convenience We
will place the provision Of the schedule
in place Of what 1t supercedes in the elec
ton Law, which is the fist section,
along with the second section Of said
law IN the Code, 4Siollows:
Schedule-"On the sane day (neAring
August -, 1872 and under the superin-
tendence Of the officers xho shall conduct
the election 70. determining the rsd6ca
ton or rejection ofthe constitution and
schedule. elections shall be held ST the
general places Of voting in each county
tO' Senators and members OF the House Of
Delegates, and al officers, executive, Judi.
ciAl, county or district, required by this
Constitution To be elected by the people"
Eleciion law in Code, section 2-SAi
thesAid election in 1872, there shall be
elected representative in the Congress Of
the Cnited States tOs the term beginning
on the iour:h day Of March, next after
the election, for every Congressional dis
tric;.r
Elections were held On the 22l day OIL
August, under the schedule, new become
the first section Of the election law, for al
the officers provided fcr in the said SEIZED.
ule, and at the same time elections were
held in the three Congressional district.
Of the State FOX members Of Cen
gress, IS provided in the second sec.
lion Of the election Law. No man Of
ordinary intelligence, who was no; 9
member Of the Charleston Convention
will contend thSt the elections for the
officers provided 70, in the schedule sre
valid, and that the elections Of members
Of Congress held al the same time are in.
valid. Ii ore is legal, 70 is the other
snd ii ore Is illegL, 50 Is the other.
Bot l deny thst any OF the elections
held 70. officers under the schedule il
August were due and valid elections L
there Was no actual O: cons tructtve az,
;hoEi;y TO hold the elections on the day
they were held, they are undue and in.
valid.
This no m2n will dispute
Ideny thst the Schedule had any e1.
i.ence, either actual or const ructive, OF
the 223 day Of August, the day on which
the elections were held Let it Be re
msubered ihst the Schedule is q part o.
the Constitution to1 the purpose Of putting
ii in motion.
The rev Constitution a1d Schedule
were framed by 3 convention called il
conformity to the 18th Article, Isl Section
otihe old Constitution. This section pro
Ti1es that AL scis God ordinances Of said
convention The one called shall Be sub.
mit:a1 70 the voters Of the State Tor rsd.
fc4tioa OF rejection, and shAll have &c
validity vhAtsveE, until they are ratified,
And in no event shall they, 5y any shift q
deTioe, BE- made 70 have any retrospective
operation OF effect
TIE Schedule provides tbs; if the Con.
stitE;io1 sad Schedule are ratified, theS
"sh4ll he operative &ai in tuIl force from
and including the fourth Thursday o!
August 1872"
Fractions OF days are not counted in
lAT. There can Be no possible wsy
Of finding out ST Whist time on the
2e4 day Of August msj1rity Of the vo;es
css; was for the ratification Of the Con,
s:!tuiion and Schedule, but it is certain
that they we're not ratified before sunrise
or that day, because the polls could no,
be lawfully opened before thAt time
From midnight TO sunrise Of tbs; dav
ihsn, the Constitution and Schedule were
without any torce or validity because not
shen ratified. That dAT having comnepc.
Cd 70 run before the Constitution and
Schedule were rAtifed, continued to run
In the same way, because to refer back
and inclu!e that portion 0! the day be.
foIe they were ratified, would be to give
them retrospective opersiioa and effect"
IN plain violation o: the authority under
which the were fran ed, namely, the Is,
sec, 0: the l2;h Article OF the old Coz
sitution, already quo:ed.
Il Is clainsi By the members q,
the !s,e Convention that this re.
stsicuon 10 the old Constitution
docs not res train the operstio,
aud effect of the new one, but Cooley, the
greatest American law write. since the
Gays OF Kent and Story, dia ers from these
gentlemen. In Cooley's Constitutional
Limitations, page IS, IS found this Ian.
gasge: The theory ofopr political Iys
ten is, thu; the ultimate sovereignty ia in
the people, from whom springs all legiu-
nste authority. They have created ns.
ticnAl Constitution. and conferred upon it
powers Of sovereignty over certain sub.
jecis, and they create stste governments
upon which they confer the remaining
powers 0; sovereignty, 50 far as they are
disposed TO allow them 10 be exercised a
all. By The constitutions which they
form, they tie up alike their own hands
sna the hands Of thss agencies; and
neither the officers Of the State, nor the
whole people IS al aggregate body, are
at liberty 10 taEe sction in opposition to