The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1873-02-14
The Congressional Election.

WHEN SHOULD MEMBERS OF THE
HOUSE OF REPRESENTATIVE
TO CONGRESS FROM THIS STATE
HAVE BEEN ELECTEDf WHICH
WAS THE LAWFUL DAY FOR
SUCH ELECTION WAS 1T ON
THE 22nd DAY OF AUG. OR THE
4th THURSDAY IN OCTOBER, OR
WAS EITHER OF SAID DAYS A
LAWFUL DAY FOR SUCH ELEC-
TON.
Editors Of the Register:
A strange confusion has been brought
about by a failure to investigate these
questions, and this confusion has been
sH dss1 b. UaF5issshn sSHsasssrsy0HS
ridiculous dodge OF the Governor. He
has by his Hypothetical" proclama-
ton, disturbed more by its novelty,
than it benefits BY its utility.
To arrive at a true solution it lie be-
lieved it lie only necessary to publish
the law relating to the subject.
The first and second sections Of the
code read as follows;
Let Section. "The general elections
for State, district, coutDy and township
OF GERS, and members Of the legislature,
shall be held on the fourth Thursday OF
October"
% Section. AT the said elections in
every year, there shall be elected dele
gates to the Legislature, and one Senator
for every senatorial district. And in
the year 1870, and every second year
thereafter, q Governor, Secretry Of the
State, Treasurer, Auditor, and Attorney
General for the State q prosecuting at.
torney, Surveyor Of lands, Recorder,
and the number of assessors prescribed
BY law, and representative tn the Con-
oress of the United States for the term
beginning on the fourth day OF March
next after the election, for every con-
gressional distriet," o.. .-..g
The 4th Sec. OF the lst article Of the
Constitution Of the United States reads
as follows: THE times, places and man.
ner of holding elections for Senators and
Representatives, shall be prescribed in
each state by the Legislature thereof:
bu,ttbe Congress may at any time by law
make or alter such regulations, ex-
cept as to the place Of chusing Sena-
tors"
The 36th section OF the 9th article of
the constitution of this State declares
as follows:
"Such parts OF the common law, and
the laws OF this State, as are in force
when this constitution goes into opera
ton, and are not -spugnant thereto, shall
be, and continue the law OF the State
until altered or repealed by the Legisls~
ture."
Having stated all the law touching
the subject, propose to enquire, first,
as to the claim Of the 22d Of August as
the proper day for . Congressional cleo
ton. Upon what does this pretensiou
rest ? 1t ia said it was a general cleo
ton day. This is not true, but assume
it to be true. If it was q general cleo
ton day, it could only be a general
election day for officers OF the State,
counties and parts oil counties, it being
80 directed by the Convention, in the
schedule which was submitted to the
people, and to that extent it could 60,
and no further, because the provisions
OF the Constitution OF the United States,
Quoted above-the higher law-denies
TO such convention, or to the people,
the power to fix a"time" for Congress
sional election, nor did the Convention,
or the people undertake to do 30. The
Legislature only has the power to do 30
BY the Constitution of the United States.
But it ia said twas done by the Con-
vention by implication. Was it done
by implication? This may be answer
ed by another question. Could the Con-
vention have declared, that a Congress
siopsl election should be held on the
22d Of August and have made it lawful
Certainly not. Because the Constitu-
ton of the United States declares the
Legislature shall do this-shall pre-
scribe "the time" Then if the Conven-
ton aud the people could not do 90, by
euch express declaration or provision
could they do 90 by indireetion or IN
pGeation, This leads to the absurdity
of denying to body. the power OF do
ing an sct By direct sction, and then
to allow II 10 do 20 BY iudirectlon