The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1873-11-13
OLIVER 8. BARTLETT,
Mnnnf. Of said pilldQe.
who are Elected 10 Congress from
. = West Virginia.

| ~ WGbk shbAAios
For tho Intelllgencer: ,r .lsl A. s.r-.'
Mr., EDITOR address you this COM
munication for the purpose Of taking issue
with you in regard TO the Congressional
election on the fourth Thursday In August
1872. In your editorial Of the 10th inst,
you say, after quoting the first and second
sections Of the third chapter ot the Code
Of West Virginia, "to US this provision Of
the Code seems conclusive because 1t Is
in accord with the mandatory provisions
Of the Constitution ofthe United States on
the subject,
You conclude your editorial with the
"The fact that the trainers Of the new
Constitution while providing for the cleo
tion OF oil other officials, did not provide
| for an election for members OF Congress,
ia yery strong evidence that no legal elec-
tion for said members could take place at
The August election, and that therefore
the rightful members elect are those who
were voted for at the October election last
year"
portion Of the Constitution OF the United
States bearing on this question, as also,
the provision Of the Code. The Consti-
tuition Of the United States says: -
1.-THE times, places and manner Of hold.
ing elections shall be prescribed In each
STATE by the Legislature thereof.
The first and second sections or the
third chapter of the Code Of West Vlr-
ginia, which you quoted In your editorial,
will you again, for the sake Of convent
ence, rehearse. -,
ii. The general elections for State, dis.
trict, county and township officers, and
members OF the Legislature shall be held
on the 4th Thursday Of October.
"2. At said elections in every year there
shall be elected Delegates to the Legisla..
ture and one Senator Tor every senatorial
district, and in the year 1870 and every
second wear thereafter, o Governor, Sec
retary Of State, Treasurer, Auditor and
Attorney General for the State, Prose-
cutting Attorney, Surveyor Of Land, Re-
corder, and the number Of Assessors pre-
scribed by law, and representative IN
the Congress of the United States for the
term beginning on the 4th day Of March
next after the election. ~ :.
OF course the legislative provisions 10
existence at the time OF the framing ol
the present Constitution, required the ell
ection Of members Of Congress to take
Mace on the 4th Thursday In October, but
these legislative provisions further re;
auired The State, district, county ant
, township officers to be elected on tha,
day. Tho sections Of the Code quoted also
+. make The election ofmembers Of Congress
: contingent upon the general elections ioi
State district, county and township OIL.
Q GERS. The Constitutional Convention, II
Is true, made no specific provision iol
the election ol members OF Congress, bu
II changed the day ior the general election
Of State and other officers, and the cleo
ltion Of members Of Congress being con
Q tingent upon this general election, tn
/. time was changed from the 4th Thursda,
Il ot October, not by specific provision
made by the Constitutional oonven
! ton, but incidenly. Observe thA
the first section Of tho third CHAP
I ter Of the Code provides that 18th
|. general elections for State, district count
D and township officers and members OF th
Legislature shall be held on the fourt