The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1872-09-26

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cordance with the decision Of the peo-
pie as expressed at the polls, the new
Constitution and Schedule became
Operative and in full force from
and including the fourth Thurs
day Of August, 1872" The Gov
errors proclamation cannot, in any
manner whatever, alter that result or nix
different date from and after which
the Constitution shall be in force.
econtend also that the section OF the
Schedule we have quoted above is not in
any sense Retrospective" II is com.
mon. praoticein legislation to give a law
validity on the rery=day of its passage
by the Legislature, and although such
a law might be passed in the twenty
founh hour of the day it would be held
to -he in force during the entire day, the
hours preceding as well as those follow
Jog the consammation Of the act. No
person has everclaimed that such leeis-
lation is retrospective and therefore
void. Acts Of Congress are frequently
put in force Immediately upon their
approval by the President and are held
10 be valid during the entire day OF such
approval. 1t was therefore entirely
competent for the Constitutional Con
yention to propose that the new Con-
stitution should be in full force from
and including the day of its ratifica-
ton by the people. This being con-
ceded. it follows that the election for
the officers named in the Schedule and
which was held on the fourth Thursday
OF August, 1872, day on 'ohich the
new Constitution raS in full force. was
entirely legal and is in all respects
vald election by the people.
Then, az regards the authority OF the
Convention to propose an election for
the officers created by the Constitution,
we imagine there can be no well found
ed doubt. The authority OF a Consti;u-
tional Convention in any State is limited
only by the Constitution of the United
States. 1t may propose any system OF
government, consistent with that SUI
preme law, which in its wisdom it may
choose to submit to the people. 1t may,
if it should see fit to do 30, propose to
abolish the Governorship or any or all
other offices and provide for the admin
istration OF the government by Coun-
Gil; or it might propose any other
vagary that the imagination OF the
members could conceive. It's authority
to submit to the people anything at all
wearing the semblance of law is CONTROL
ed only by the provisions of the Federal
Constitution, and whatever the Con-
vention may propose will have the full
force and effect of law whenever it is
ratified by the people, but not till then.
The assent Of the people is necessary to
fix the stamp of Legitimacy upon the
plan OF government proposed by the
IL
affixed, as it has been to the new Con-
stitution and Schedule in this State, it
gives validity and legitimacy to every
section and line of that Con
stitution and every proposition
the ratified Schedule contains.
Even 1.-THE Convention exceeded its an
thority by proposing an election Of
officers (Which, we contend, it could not
and did not, that election was recog-
nized and acquiesced in by the people
and the seal of popular approval has
thus been placed upon the entire work
done by the Constitutional Convention
The Constitution aud Schedule have
been ratified; the election has been
held; the verdict of the people has been
pronounced, and from thus there is no
appeal.
We have thus shown, as we think,
the insufficiency OF the grounds upon
which the Radicals in this State con-
template the inauguration Of a new re-
belllon. Should they persist in their
present purpose and follow the revolu-
tionary advice of the Wheeling hteK-
gencer and kindred sheets, the RESPONSE
bility will be their own and they must
accept the consequences. The temper
OF the Democratic and Conservative
people of West Virginia is not such as
to submit quietly to the notification of
their most important acts; they are not
willing to see the fruits of the victory
for which they have toiled SO long and
so earnestly snatched away from them
in the hour OF triumph; and those who
attempt to nullify the recent election
will probably find before they are done
with it that they have undertaken
heavier contract than they can success
fully carry through.
ONE of the best dressed and most