The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1873-01-07
THE RECENT CONGRESS ELEC-
lions.
Gov. Jacobs Veto of the Bin 10
COerce Him Into Declaring in Fa-
yOr Of the October Election.

VOr Of the October Election
EXECUTIVE DEPARTMENT,
CHARLESTON, Dec. 81, 1872. !
Gentlemen Of tho Senate:
In pursuance Of the authority vested in
me by the Constitution, ! return to the
Senate without my approval, the bill en-
titled, IAN act extending the time for as
certaining and certifying the result OF the
election held on the Gath daysot October
1872, for representatives In the Congress
Of the United States" 1t is q matter Of
regret to INC personally, that the first eX--
ercise Of this power in this State, should
be in connection with question about
which there exist wide differences OF
opinion among the people. This power
ought not to be lightly exercised, but
when grave objections 10 any measure eX'
ist, which arc founded upon convictions
Of right and which arise from the con-
suuClion OF the laws and Consti'
tuition, the duty cannot DO ignored or
eyaded. 1t is with this spirit that l pro-
coed to state my objections TO the fore
going bill.
This bill first provides that in tho cour.
ties in which the returns Of the election
held on the gath day Of October last, for
representatives in the Congress Of Etle
United States, have not already been
made, tho Supervisors shall meet on the
S0lh day Of this month, ascertain and de-
clare the result OF said election, and Ger
lily the same to tho Governor. Andut
imposes additional penalties for a failure
or refusal Of Supervisors to discharge
their duties.
Returns Of this election have been re-
Ceiveu from all the counties in the First
Congressional District, except one, Han
CoCkG from all the counties Of tho Second
District; and from all the counties in the
Third District, except two, (Cabell and
BoOne) I am not informed whether or
not any elections were held In the three
counties from which no returns have
been received. But even if elections
were then held, and full vote cast, the
general vote could, by no possibility be
changed; therefore, there is no necessity
for this legislation. But there Is prin.
ciple involved in legislation Of this kind,
which ought not to pass unnotiCed. I'm.
der existing laws it is the duty Of the
Supervisors to meet on the filth day after
every election, and 10 ascertain and de-
clare tho result thereof and, il the cleo
ton Is for member OF Congress, to certify
the same 10 the Governor; and severe
penalties are prescribed for a failure or
refusal to discharge these duties. This
ollI does not attempt to change the mode
OF proceeding; It prescribes no new duties
l0r The Superintendent to meet on the
lhlrllelh day OfDGcembeT, and to perform
duties already prescribed. Il they fail
OF refuse to do SO, additional penalties arc
imposed. If the election held on the
E4'h day Of October last, for representa-
ives IN Congress was valid one, then
Ne supervisors who have failed or refus
eu 70 certify the returns thereof have al
ready subjected themselves to the penal
ues prescribed by existing laws. II Il
was not valid then no penalties, whether
imposed by existing laws, or by the bill
IL question, can be enforced. Practical
W ms bill attempts to compel supervls
Sts 70 discharge duties which they havt
heretofore neglected to perform, by pro.
seFioing additional penslHes for a lailurt
Sodo 50. 1t is only necessary for me t
suggest that tho power to compel the per
,,O orn Of official duty, or to punisl
os us neglect, resides not in the Legisla.
~, ,S.e out in the judicial department o
Ws government.
therefore this bill, in so far as It bear
upon this point, Is in violation OF IN
S S. In the Constitution, which distrlb
TSes inc powers OF government among tn
; %see departments, Legislative, Execu
The election held for the Representa-
Wa IN Congress, on the twonty.Iourt
H us o. October last, was valid one. n
Getot the Legislature can add 10 its yalii
,SI and the Supervisors have sub,ecte s
themselves to the penalties already M,