The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1872-06-22
The Election for Congressmen. .

The Election for Congressman:
The Register, after further meditation,
has evolved from its inner consciousness
the following solemn and surprising Tar
gument;"
The Convention was only authorized 10
deal with State affairs; It had no power
to alter the effect Of o Federal enactment
or suspend the operation Of Federal law.
It was called to make Constitution for
the State Of West Virginia, and for no
other purpose. The act Of Congress now
In force and under which the pending
election Is to be held, declares that the
election Tor members Of Congress in the
several States shall be held at such time
as the Legislature OF the State may pre-.
scribe. The Legislature has fixed the
Fourth Thursday OF October as the day
for such election, and, without further
legislation upon the subject, that still re.
mains the law. The Constitutional Con.
vention could not change Il, because repre-.
SentatiUeS IN Congress arc not STATE officers
and do not deriue TIER authority from hs
STATE Constitution.
Let US suggest that the Convention did
not deal with anything but State affairs
III we except some very singular but
harmless abstract opinions in the Bill Of
Rights, did not attempt to alter the effect
of any Federal enactment or suspend the
operation Of any Federal law. Granting
that law of Congress does provide
that on whatever day the Legislature OF
the State prescribes members Of the
House OF Representatives shall be chosen,
1t cannot be denied that the Legislature
may change that day ut pleasure. If the
Legislature may, why may not the
Convention? The Convention is the su.
perior authority, and unquestionably its
acts annul all conflicting legislation. The
fact that Congressman are not State
officers and derive no authority from the
State Constitution has nothing to do with
the authority Of either the Legislature or
Convention to regulate the time for their
election. These bodies deal with the
people of the State and not with the Con-
gressmen, and simply provide for the
elections at which those people choose
Congressman.
Now let us suggest, further: the existing
provision by the Legislatures that mem.
bers Of the House of Representatives
shall be elected on the fourth Thursday Of
October, at "the general elections Tor
State, district, county and township off.
GERS" But If the time of holding "said
elections" is changed, the time of electing
Congressman is changed, for the provision
Of the Code is that they are TO be chosen
atsaid general elections. Will the time be
changed fthe constitution shall be adopt
ed? Under that instrument "the general
elections Of State and county officers, and
ofmembers Of the Legislature" are to be
held onsthe second Tuesday of October
Cnstead of the fourth Thursday as now. J
But this provision doesnot become ope.
rative till next year, for the schedule d.
reefs the holding Of these general cleo
lions for this year on the fourth Thursday
Of August; and this provision, II the
constitution be adopted, will be. in force
from the morning of that day. Clearly
then, the time for holding the general
elections this year will be changed, il the
constitution be adopted, from October to
August. The existing legislative provis-
ion on the subject will be void, and
no Congressman can be elected in 0cto.
Der because they can only be chosen at
general elections, and none can be held in
that month. Then, can they be elected
at the general elections in August? The
Register says not, for two reasons: One,
thatunder the act Of Congress they can
be elected only on day prescribed by
the Legislature; the other, mentioned
Thursday that only those officers can be
elected in August whose election is pro-
vided for in the Constitution, members Of
Congress not being among them.
Itlooks, therefore, as II, should the new
Constitution be adopted, no members Of
Congress can be elected till the Legisla.
ture has met and made provision for their
election.