The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1873-12-23
THE SECOND DISTRICT,

We have been fsvorel with a copy
of a letter written by Hon c. j. FAUX
SER OF this State TO Hon. HORACE MAY.
NARD, member Of Congress from Ten
nessee, in relation especially 10 the
claim OF Hon. J. N. HAGANs to repre-
sent the Second District OF West ViT-
GINA in the present Congress. The
letter is a very clear and iorcible pro-
test against Mr.. HAGANs right to the
seat, no matter which OF the two elec-
tons, that in August or that in October,
be held to have legal sanction. In this
letter Mr.. FAULKNER does not discuss
the question as to the proper day Of
election, his opinion upon this subject
having beea given at length in q letter
written on the 9Th of August, before
either OF the elections had been held,
and published in full in this paper soon
after he only shows, conclusively as we
think, that Mr. HAGANs has neither a
moral nor a legal right TO q seat in
Congress, even though the 22d Of August
were the proper day for the election OF
representatives in this State.
After recitiug the facts relative TO the
August election and that no notice had
been given to the people Of the Second
District that q member Of Congress
would be chosen at that time and that
in only four OF the eighteen counties OF
the D strict were there any votes at all
cast for candidates for representatives
in Congress, Mr.. faulkner quotes as
applicable to the case the following
extract from the opinion deliv-
cred by Chief Justice BANKER
HoFF OF the Supreme Court Of Ohio,
in the case OF FOSTER Us. SCARFF.
But is said, the Law presumes that
every man knows the law, or is bound
by it, whether be actually knows it or
not, and one man is not to he deprived
of his right through his neighbours ig-
uorauce ofthe law. No one denies these
general principles; but they, like other
general legal principles, are not procruS,
team in their application. The Cousti-
tuition, and the legislators under it, re-
coguize the policy Of notice TO electors
other than that which arises from mere
legal presumption; and the right OF no
man is hereby invaded, for o man has
right to fitch an office through the
medium OF surprise upon the great
body OF the electors. In the case be-
fore us, the circumstances show that
the mistake out of which the whole
matter originated, involved the Cover
nor OF the State. as well as the electors
OF the county, (District,) and does no
discredit to their character for intelli-
geuce and the Sheriff's proclamation,
by embracing many other offices, but
emitting that now in controversy, was
calculated to mislead instead of en-
tightening them.
Here, then, was an election, held
without notice 10 the body OF electors,
without notice such as the law pre-
scribes, and without notice in fact from
any other source whatsoever and for
this reason, and irrespective of any Cir
cumsteuces OF coucealment and strate-
gem on the part OF the few electors who
did vote, we are OF opinion that the
election WAS irregular and invalid "
He concludes his opinion as follows:
"But where, as in this case, there was
no notice, either by official proclama-
ton, or in fact, and it is obvious, that
the great body OF the electors was mis-
led, Tor want OF the official pIoclsma-
ton, its absense becomes such an irreg-
ularlty as 10 prevent an actual choice
by the electors, prevents an actual cleo
ton, IN the primary sense OF that word,
and renders invalid any semblance of
an election which may have been at
tempted by few, and which must OBJ
crate, il allowed TO operate at all, as q
surprise and fraud upon the rights OF
the many"
Mr.. FArLKNER then continues
"M.r HAGANs cannot himself claim
that he ever made known to the people
of this District that he was candidate
for their suffrages for seat in Congress.
He cannot charge the electors with in.