The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1872-10-02
vALIOITYsO FTHE AUGUST ELEC.
.s'' TION, - - ~ -

vALIOITYOFTHE AUGUST ELEC
The Election or Officers on the 22d
OF August was In Accordance with
Law-The Intel useucer's Usurpa
ton Theory Oyerthrown-Prec
dents.
Editors OF the Register:
The IntslNgsncsr OF your city seems
to be very much concerned about the
election on the ed Of August last
held under the new Constitution, and
regards the act Of the Convention fixing
the election on that day as a high
handed usurpation that ought not to be
submitted to by a free people, and OBJ
iects greatly to what it regards as q
retrospective operation given to The
Constitution upon it's adoption. l am
as much opposed 70 usurpstion Of any
kind as any one and think that
whenever practiced it should be hunted
up and exposed, and l invite a com.
parison between the Democratic party
and Republican on that question. and
think that when it is fairly made the
odds will be greatly against the latter
party. The subject is treated by the
Intelhgenccr as though the ordering Of an
election by the Constitutional Conven
ton to be had at the time the Coustitu-
ton was submitted for ratification or
! rejection, was novel, In this whole
! discussion the editor OF the Inteldgeneer
shows lack of examination and re-
search that his friends would not be
willing to impute to him. 1t will be
seen by the Constitutions Of Arkansas
and Mississippi, published in the book
of American Constitutions in 1864, and
the new Constitution OF Illinois, framed
in 1870, and submitted to the voters for
ratification or rejection at an election
to be held on the first Saturday in July
of that wear, that the precise course
adopted BY the West Virginia Conven.
ton was pursued in each of the States
above named, that each Of these con-
situations were adopted and at the same
time officers were elected under them,
and that they were qualified aud DIS
charged their duties without any out
cry that it was high handed
usurpation or deserving condemnation.
In the case o. West Virginia there Is
much less reason for any such hswling
when the fact is called to mind that a.
! to many of the officers elected at the
time of the adoption of the new Con-
stitulion, they were elected by the SOW
ere'gn people TO occupy the places OF
officers who had not been elected by the
people, but foisted on them by Ex-
ecutive or Judicia! appointment, /
would respectfully inquire whether
there csu be much usurpation in giving
the election Of officers to the people in :
stead of the Executive or courts. Where
is the difference to the people whether
they elect their officers at the same
time of ratiiying the Constitution or on
subsequent day? Each course pre-
serves the golden rule OF giving to the
people the right to elect their own
servants. the most that could be said
against electing at the time Of voting on
the Const tuition, is that it WAS incon-
venient or injudicious.
| THIS matter really looks like a great
effort on the part OF the Itsl!igeacer to
raise mighty uproar out OF a very In-
significant and nnimportant matter.
rhe people have not complained that
too much has been imposed upon them
at one time, but they have shown in
this instance, as they have, or no doubt
10 the future will show, their capacity
and aptuess to discharge all such i'm
portaut duties, a capacity that, per.
haps, the party to which the MtelliQsncer
belongs is not willing to coucede to
them, az they have so frequently
showed by devolving on the Executive
and courts the duty Of making impor,
tant appointments that properly be-
longed to the people. Has not the
Intetligencer forgotten to complain of
the usurpation Of the Republican party
in permitting one-hat of the judges OF
the courts to hold their Offices Tor long
terms under Executive appointments ?
Now. "a to the pretended RETROSPECT
tive operation given to the Constitution
hy the provision In the Schedule. that
"if it shall appear from the said pro-
clsmation that majority OF votes cast
are in favor OF their ratification. this
| Constitution and" Schedule all be
operative and in full force from and in
ciuding the fourth Thursday OF August,
1872" See page "A, section 6 of the
Schedule. The effect oil this provision
is precisely what it would have been
without it Stor all constitutions and
laws take effect on the day Of their
adoption or enactment, unless otherwise
provided and in such cases there are
no fractions OF days. The provision, !
presume, was only inserted to make
clear the time when the Constitution
aud Schedule took effect, as it will be
seen that many OF these provisions are
mot to have force aud operation until
future dsys:-As to members OF the
Legislature, not until the LIST Of Novem'
Der; as to Judges, until the. lst OF Jan
uary: and as to Governor and State
officers, not until the 4th, Of March.
The Inteifgencer gets into strange
error in supposlng that the people did
not vote on the Schedule 30 as to give il
their appreciation or condemnation
Sections 3, 5, 6 and Of the Schedule
show clearly that the people voted
directly for the adoption or rejection OF
the Constitution and Schedule; and AZ
a majority was Tor ratifying, both were
adopted, aud both became on the day o.
adoption the supreme law Of the land
with all their incidents, including the
officers elected under them The peo.
pie, in their sovereign capacity, choose