The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1873-11-21

before the first day Of January by the lie.
nislaturc last elected, and the only one 1ha'
can possibly have any existence NJ inc PRES
cnt time. ro,,xot,s
..Thc members Of The House of Delegates
,ro elected for two wears, and no longer.
The legislature elected on the first Tuesday
after the first Monday OF November. 1871,
ceased to exist on the 4th instant. On that
day il went utterly out Of existence without
The Ghost of legislative function left. Inc
language of the Constitution is, that the
Uou,e Of Delegates shall be elected blcnnl-
ally.' [, does not provide for any term oil
service beyond the two years, nor admit OF
lis existence one moment after the next bl'
emma, election in November. To elect bi.
cnuiailv is to elect for two years, and no
lonccr. Biennial Legislatures, like biennial
plan,s, ctlcct,aiIy die at the end OF wv"
wears: have in fact no detcrminatc lite De-
yond it, This is too palpablc proposition
tor denial. :
"What the Constitution docs require IS
this: That the Legislature elected on Vac 1'n
instant shall convene early enough III ~
cembcr to effect its organization. count anu
declare the vote for Governor, Llcuiehai''.
Governor, and Attorncy-Gencrai' "hu cIee'
Secretary, Treasurer. and Auallor, "sIoe
The Is. dan Of .JGnudrg. lS'4- Inc uof-
errors term of office is limited TO lour years.
That of Governor Walker ends with inc olst
d,y of December, 1873; that OF Gchcra'
| kcmp.r bc-in, with the lst day OF January,
1874 All Executive acts, except the iand-
inc over OF the records of the cuhcIlatorIal
office, arc to be done on that day by General
krnner. The time for the Governor ana
other State officers TO enter upon their olclal
duties is fixed by the Constitution on IN" Isl
any Of January. aud the duty imposed upon
the Legislature is 10 take whatever prciliIl-
nary steps are necessary 10 effect that end.
The question is not what the present
Legislature Chat elected Oh the 4th lnstant)
may be able. by is unanmitv. to do Inside
Of a single dav. What the Constitution re-
uuires is that ii (all Lcgislaturcs) shall meet
early enough in December to open the re.
;;1nS IN tie presence Of q majority Of the
Senate and House Of Delegates, count the
rofcs for Gocc,uo1, and declare The person
having the highest number OF votes elected.
This work cannot he done by Mr.. Bigger IN
advance of the meeting OF the General AS
scnblv. nor can that body do II until II Is
fully organized and ready Tor business. Not
u,.;.cuucuily it fakes several days TO elect
III CJIilliLlLiOu- anu libi> IliiiE Sb'''tI' ~ -,
Guided in the constitutional estimate IN de-
'rruiEiug how soon after the election IN
Noyrnar. the Legislature should be re-
ulif,d hy law 10 meet. The joint reSoIu-
:ion ostponiu- its meeting until the lSt day
uf .Tanuirv-~tic time when al the State
officers are required TO enter upon Their
,iutirS--rcndcrs it impossible for the Gene
raj Assembly 10 discharge the preliminary
Gutic, required Of il; and hence the action
OF The last General Assembly Is null ana
void. Id 5mpoSSijilid memo obHJdtr. This
is Il proposition older than constitutional law
Itself, and is IS true in legal rs moral ethics.
TIE Jou2nat is in error as to the Attorney
Generals vote. That is counted by the
State canya>>Crs. The Attorney-Gcncral
will have bis commission made out in No
~,bcr OF December, and will take office on
VIZ "lanuary. The other State officers
'Ac ~ "a -, -wi,c. It is absurd. or per-
o''s'' ~ ,'0 ',n> "'fr.,seous, that it should
maps "e'"o"''' ~, ~, ~, he On the l$t day
Of JANUARY next 40 Governor. NJ ,nli-
ant. Governor, no Auditor, no ccconu NJ
Tor. no Treasurer, no Register Of the La
Office. except such rs held over under the
constitutional provision intended 10 guard
.v,in.t vacancies. In other words, the
LEGISLATURE has rronIcd Jor tdcdncteS n
all these Offices, oad the roconc'eS are pre-
rented 0ylly hy the Constitution 'tseg.