The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1872-06-27

CUSTOM ] pothsyaltsr the character oil
1.-THE election provided, for by the third
section2 Undoubtedly, that election
will be special and. particular, in no
sense, general land It + difficult to per-
ceive how these characteristics can be
lost because the various officials
enumerated in thel seventh section viii
be voted for at the, same time. In fact,
the validity Of their election will depend
upon the contingency that the new
Constitution shall be adopted by ahe
people. That is the main and original
purpose Of the election, which cannot
be affected by a proposition to accom-
plish another and secondary purpose on
the same day and through the same
agencies. Are these tive objects really
distinct? Are they inconsistent
Will not the question submitted
to the people be simply, Will you accept
the proposed Constitution, and, if so,
what officers will you elect under it?
II ratified, the Constitution will be at
once in full force, and all laws repug-
nant to it will become void. How
much of Chapter 8 Of the Code will be
found repugnaut TO the paramount law
OF course 30 much as prescribes that
future general elections shall be held on
the fourth Thursday Of October, because
the seventh section Of Article ~. has
established another day. until otherwise
| provided by law. Equally, Of course,
none OF the State and county officers or
members Of the Legislature will be
elected, as provided for in the second
section of that chapter, because the
eleventh and twelfth sections of the
Schedule establish the terms Of office
Of all the officers elected under the
! Schedule, and, with the provision for
existing officers to hold over, thereby
preclude the necessity or even the pos
sibility of an election of State and Coun.
ty officers in October, if the Constitution
be ratified. Still, all this does not
make the August election a general
election, or decide that a member OF
Congress can only be elected then, or
repeal so much of the Code as directs
that he shall be elected on the fourth
Thursday in October. We, certainly,
can have but one Congressional election:
IF August be the time for it, what would
be the result should the Constitution be
rejected? In that event, there will
have been no general election in Au-
gust. and yet, members of Congress
would then have been elected. Must
they be again elected in October? ltso,
which set will be entitled to certificates ?
These queries indicate, / think, come
of the difficulties which must attend
the conclusion, that the August election
will be general election, and that Rep
resentatives in Congress must then be
chosen.
But do not propose to trouble you
with an elaborate discussion Of the
question. | design simply to say that
my own judgment, whatever it may be
worth, is clear that We cannot, legally
or properly, hold our Congressional
elections in August. There is no au-
thorty in the Constitution or Schedule,
certainly none in the statute law, to jus
tify such conclusion.
Possibly some consideration is due to
another point upon which doubt has
been expressed. As the organic law
will repeal all statute law re-
pugnant to it, upon the sdop.
ZION of the Constitution, the day
prescribed for holding general elections
will be the second Tuesday, instead Of
the fourth Thursday in October. 1t
has been suggested, therefore, that the
Code being changed by the Constitution,
elections for members of Congress
should be held on the former instead OF
the latter day. This suggestion might
have force but for one consideration.
The Constitution and Schedule must
be construed together. Although the
seventh section of Article w pre-
scribes that "the general elections of
State and county officers and of mem-
bers of the Legislature shall be held on
the second Tuesday OF October until
otherwise provided by law" yet the
Schedule practically provides that
no such election shall be held in
October, 1872. The provision, there
fore, can only apply to the election
in 1873 and all subsequent years.
1t cannot be operative in the
the present year, for reason already
stated, and, consequently, the provisions
| of the Code must still be in force. since
there must be some law in operation
which provides for such elections as are
not embraced in the Schedule. Can
that law be found elsewhere than in the
Code2 And is it, in any sense, repug-
nant to the Few Constitution or the
Schedule?
| 1t is scarcely necessary to add that
there is no foundation for the view,
preached in some quarters. that the
word Officers used in the Schedule
may include Representatives in Con-
gress. 1t has been judicislly decided
that they are not officers. The LAM
guage Of the Constitution expressly
present, the distinction between State
officers and members OF the Legislature,
AZ does the Fourteenth Amendment be-
tween members OF Congress and officers
of the United States.
Such are my views upon the subject
referred to in your letter of the 18th
instant. lear they have been formed,
and are expressed. too hurriedly to
entitle them to much consideration !;
but they may possibly be suggestive to
others. Yours truly,
JNo. BLAIR HoGE.