The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1873-11-13

Thursday In October and the second
section provides that gat said elections
remember general, elechons) IN every
year, there shall be elected delegates 70
the Legislature and one Senator for every
Senatorial District. And -in the year
1870 and every second year thereafter
Governor, Secretary Of State, Treasurer,
Auditor and Attorney Genera: :tor the
State, Prosecuting Attorney, Surveyor
of Land, Recorder, and the number Of
Assessors prescribed by law, and q rep.
resentative in the Congress OF the United
States for the term beginning on the 4th
Of March next after the election, foreyery
Cong 9Tessional District. pA p - .
Il d more directly implied In this Sec
ond section that the election oil members
OF Congress shall take place at the gen.
eral elections for State and other officers
than on the 4th Thursday in October.
The Code does not directly and
specially provide that the members
OF Congress shall be elected on the
fourth ,rhuradsyl in October, but y
positively directs that certain State and
other officers shall be elected on that day,
and provides that members Of Congress
shall be elected "at said elections" when
these State and other officers are elected.
The Constitutional Convention changed
the time ofholding the general elections"
for State and other officers for the year LOT
1872, from the fourth Thursday In Ooto-
Der 10 the fourth Thursday in August
The general election on the fourth Thurs.
day In October under the old order iot
things would have been the legal time for
electing members OF Congress, but the
time OF holding these general elections"
was changed by the Constitutional Con-
vention, and although members Of Con-
gress were not mentioned, yet their cleo
ton was certainly illegal compartment
Of the general elect for State and
other officers, for the second section does
not read that members. ot Congress shall
be elected on the fourth Thursday In
October but vat said elections" C'general
elections"
You say S@the rightlnr members are
those who were voted for at the October
election, last year, Permitme to ask You
how you make out your case? The pro.
vision in the second section that members
OF Congress shall be elected at the "gen-
eral election" Is direct and positive. 1T
Is true the first section ,ot the third chap
ter Of the Code provides positively for the
general elections to be held on the fourth
Thursday in October but the Conven-
tion changed this; and as members oi Con.
gress were to be elected at said elections,
those voted for on the 22l Of August are
the rightlul members.A ! --Alkd uDfL
This appears very plain, for those voted
for on the fourth lThufsday sofl0 october
were not elected at,said general elec-
tions" as provided for in the CodeJ but the
election wasa special .onessslT jsSIER
1t appears very plain that the authors
Of the Code designed that members Of
Congress should be elected at the '"gen.
eral elections: for State and other off,
GERS, for II they had not designed this Il
would have been proper to have made the
second section commenced thus: aOn the
said. fourth Thursday in October" &C.,
and then the election OF members OF Con-
Press would not have been made contin-
gent upon the general elections" Col.
Benjamin Wilson and B. E Martin, Esq,
were elected on the fourth Thursday In
October, not "atsaid (generaD elections"
as specified In the Code, bnt at special
election not provided fol. by any law, nor
in accordance with,anga executive order.
You appear TO think that the sConven-
ton had no power to specify any time
for the election Of members of Congress.
I believe It has been decided by some tri-
bunal that convention is aizlegislative
body, and. q very correct decision, too:
But our Constitutional Convention did
not proyidefor the election oftmembers
Of Congress directly, but asi the election
of these was contingent upon the "gener.
al elections" It did provide incidently tor
their election! 49, ~ VI a'.1' N
Ihaye il, q hurried, desultory manner,
endeavored 10 make this matter as plain
to others as myself. g, Respectfully, ~
-. .sf rg9it yfsSTi',A aiiREPuBLICAN.S /
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