The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1873-12-20

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think these facts show sbusdsntly |
hat these two declarations were treated
" consultative or organic sets ~ the
and Ivy The civll aud MILL
lazy authorities Of the United Stater,
and that they were ratified - such by
the people.
nut, Il may be asked, what was the
necessity or the proprlety OF rAtifying
these declsratlOiIsY j answer, ~ WA
proper and necessary, he
cause they were the foundation upon
which our representation In the lower
House Of Congress rested, and because
the elect on declaration contained one
most important provision. Thst pro-
vision related TO the duration OF the
terms of tho State, district aud county
officers then to he elected.
II was forseen that the election might
not take place ut the time indicated Ia
the declaration, but II was intended 70
preserve regularity In the election II
the effort ut reconstruction proved sue
cessful. At the time when the oflicers
elected would enter upon the perform.
ance of their duties was uncertain, IL
was provided that "the officers elected
shalt commence the discharge Of the
duties Of the Office for which they have
been chosen, a. soon as elected and
qualified, In compliance with the pro-
Visions OF the Constitution herewith
submitted, and shall hold their respect
i've offices for the term OF years pre-
scribed by the Constitution, beginning
from the day Of their election, anu
until their successors are elected ana
qualified.n Can anything be palmer
than this? II this declaration was an
act of the Constitution making power,
that IL to say, lift was passed by the
convention and ratified by the people,
is there any room for argument? =,
But, it IL by some contidently replied
that the Constitution, section four, ar
ticle four, provides that "the Governor
shall hold his office for the term OF
four years from the time Of his install
menf, aud until bis successor shall be
duly qualified True enough. But
the election declaration was passed ny
the same constitution that passed VEG
ton four, article four, and the declara'
tion was passed after the fourth article
was finally adopted. Why was this
done? The answer Is very plain. The
fourth article was to be Q rule for the
future, and the election declaration
was rule for the particular case OF the
of;;oers then to be elected.
The fourth article also provides, IN
thu third section. that The returns fol
every election OF Governor shall VI
msds ont sealed up. and transmitted
Nv the Returning officers to the seat o.
oovernmcnt. directed to the Speaker o.
fSe Honse Of Representatives" etc.
4 eto. The election declaration provided
th"t ths yetl,rns for the election fol
ss mo thSn oydsred should be made
~ the Gnmmandinr Geaeyal of the
E,Hh Military District. and we know
FRAT the returns were 40 made.
Why this diversity between the
fourth article Of the Constitution and
the election declaration? The answer
Ia agsin yery plain. The election Of
Noyember aud DECEMBER, 1859, was
nnder the reconstruction laws, which
ranuired the returns TO be made to the
Cnm mandinr General: whereas, the
Sc"rth arficie az the Constitution had
.sSarance Tn f,tI,re elections to he held
. FER, tie C,onstItution had become thu
~, s 10 lou
"k n'' IL" all nah nae fin effect
wbetSer n nv orinion. the validity Of
~. i stn :" ale"iion nan he called into
" oms hocs,,se the noIls Wsrs noi
fs~t men Tor four days: or. i'm Other
lords Whether the election law Of the
Iast f.soisist,,re IL a Violation OF section
si~ article three. of the Constitution,
Section six article three OF the Con.
| ,t;tut;om raads 90 follows. "AlI cleo.
| Hons for State. district and county Off
c" "S, sh ti no held mt the county seats OF
the several Counties, until otherwise
nrov;dad NV law: and the polls shall be
pnenad for four DAYS. from 8 O'clock A.
until 4 O'Clock p. NJ. Of each day'n
~ on, ;nforn'ed that II il contended
INV sona LAWYERS that this provision
conSsrs nnon Inc Ieoislature the power
t !" c",,sa sle"tions 10 he held at other
nisc.s than The county seats. but does
hot Give the mower 70 limit the cleo
tio Y to lsss than four DAYS. entertain
. Jiffara"t oninion. / think the latter
c,amas of the section. that which fol-
lows the samicolon. Ia dependent and
| not . substantive clause; the main
ths fsrst clause. and that thought is,
.e n 4.s S hoii he held Mt ths
respectiye county seats. That thought
becomes the reason Ior announcer tnough Is
=. luie ~ VIZ .a,oe et thon four Javs will