The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1872-09-30
The August Election once More..
The Tricks OF the s'Heathen Chi.
nee,2

N eiecUOn Iof oLocets uhQeE II. 10 give
that election otofticerS q color ofvalidity,
1t was Necessary to give the constitution,
when ratified, retrospective operation.
Togive this retrospective operation color
Of having been sanctioned BY the people
this ordinance was made to provide that
it, too, should be voted on as well as the
CONSTITUTIONS thing without authority or
precedent Apart Of this. cunning fraud
WAS TO provide that the form Of voting
should be For ratification" or "FOr rel &C.
tor" instead Of For the Constitution or
Against the Constitution" las in 1858 J
II the form Of the ballot had
been for or against "the Constitution" as
it WAS in 1868, there would have been no
room to claim that We voted on the
Schedule; but the form prescribed was
purposely made thus vague 50 as to AFFORD
q chance Tor exactly the bubble now
raised By the defenders Of the election Of
officers in August, viz: that the people
ratified The ordinance Of the convention
As well IS the constitution This is an.
other Of the petty tricks and frauds
which brand that convention as unwor.
thy 10 be cAllei q body OF statesmen.
But this ingenious web Of fraud can do
nothing bGt confuse the popular appre-
hension. ItcAnnot give any validity to
the fraudulent election Of officers in Au.
gust Neither in the constitution nor il
the set OF the Legislature passed in pur-
suance thereof, calling the convention,
from which only the convention derived
its authority, can any authority be found
Tor submitting 20 popular vote the leg.
islative ordinance passed by the conven.
ton and called the Schedule. This being
true, no popular vote could in the ligh;est
degree sdd to or take from the lawful
force or objects o! inst ordinance. Just
such force as the legitimate authority OF
the convention coald invest it with, it
possesse1-And no more.
A word in regard 10 this ides Of SOW
eceigu'y in constitutional conventions
We hold that when $ State government
is organized the people Of the Stste put
tAsir sovereignty FOX the sake OF having it
in shape to be exerted Tor their govern.
menp into their Constitution. Thst in.
s-1Deni is the embodiment Of that SOY.
ereig1.y, the supreme law OF the Safe,
sahjec; only to the Constitution OF the
United StS;eS. AL subsequent conven-
lions 20 propose notifications Of the OF.
g4n!c law uuS ooaf0e theiE seton strict
" within the limitations OF the Coasti;u-
6oa IL force when they set, IS spilled BY
SCI Of the legislature in pursuance tAeie-
OF Neither Constitution nor &C; suihoG.
Zai the Convention TO DO anything bC;
propose Z Constitution sai submit il To
submit; the Constitution i; was Necessary
70 pass 81 ordinance Tor tast p1rpass,
Wheihe. the Legislature o24I de!eEs;s
this much laSisisiiTe power TO the Coz.
veniioa, %e shall rot haze discuss but
osrtAirly The Convention hSl 10 leglsls-
tive poEe bsyoad tbs; derived from tie
&C; directing the submission Of the Con-
sdtpioa laoihirs esq to the people. The
Schedule a7sH no; become pGrt Of the
toaixneatSl lSw o: The S3te evea Il voted
OF sa3 ratified No; bang such, i;
cold 10; be lSxfully submitted TO s pup
ulE vote Ani Therefore, il ii Vas voted
o., s. lie RsT.s7 clSins, thSt vote could
give it 10 force tbs; il did DO; possess
Simply s. tie eEislsiire SC; O: the Con
7eaioa-
The ingenious f.su1 o: pcetso3ing 10
submit the schedule Was designed TO
cove tbs, other fraud OF electisg officers
when there Vas no authority to elect
To give o0los OF such authority, the
schedule proposed to make the ratified
Constitution date back, e paa Taeo, to
cove: an election held while the Cd Con-
sdtution WIS in force, subjecing the
people FOR that time to the operation Of
Two conflicting instruments; and 50 ies-
perste was the necessity for this thought
to be, ihsi i; hEd to be attempted in the
tsee Of tia: most express command 0:
the embodied sovereign will o: the peo-
pie, By which the Convention WAS bound
10 be governed, tbs. Z" By no shift or de-
vice" shoald the work OF the Convention
=" be msde TO hsve any retrospective op-
Grafton or eject"
This pretended election in August, IN.
der the authority that was no authority,
and this attemp; TO give it legitimacy by
claiming thAt the people ratified the
Schedule and thereby sanctioned the
election, when there was no authority tor
voting on the Schedule ST al, constitute
fraud 50 transparent, thai the spologis,s
ios it are compelled to take refuge II the
monsuoCs presumption thAt the CoaTen.
ton WAS outside OF and above the so7er.
eisa will Of the people, as it h4d been
sgreed on and embodied BY them in $
constitution Tor the express government
OF such conventions; and where thst SOY.
e.eigu will must Of necessity remain, IS
the supreme Law OF the State, I'll ano;he.
Constitution had been framed, submitted
and ratified IN precise conformity to the
tn--, .ii,;s.. nnA ..rsn.;r,l.. ......-;i.i :.