The Daily state journal. [volume] (Alexandria, Va.) 1868-1874, 1873-03-28
FRIDAY EVEN'G. MARCH 2s, Isl
Countx court Indges Again.

County Court limoges As"h' l
We can only reply in brief to-day to the l
three editorials devoted to us in this morn {
ing's Dispatch. We will simply say, how
ever, in reply to its second editorial, on the
subject of commissions" that an APP |
pointment made on the first day OF the
month dates from the first mimi
tesimal portion" of that day, ana
that a commission, issued three days
afterwards and dated on that day, covers
the entire portion of the day, without an
infinitesimal fraction off. But, IT 1T be
gubernatorial commission, it must be Is
sued in the name of the person who is actu-
ally governor on that day, and not in the
name of one whose term of office expired
the day previous. On the first day oil
January next, Governor Walker cannot be
the Governor of Virginia, as an express
constitutional provision stands in the way
of it. This point answered. we have
only time to consider another to-day.
We have already stated that the reason
assigned for the postponement OF the ses-
sion of the next General Assembly from
the first Wednesday in December to the
first day of January next was, that it was
necessary to make valid the election of the
county court judges by the present Gene
raj Assembly; and that, in making this
postponement, revolutionary step had
been taken. that must inevitably lead to
;nterregnum in the government. There
can be no canvass of the vote for Governor,
and the other state officers, elective by the
people. within the time constitutionally
required and, hence, the machinery Of
the government will be effectualy blocked.
For the present General Assembly cannot
convene after the first Tuesday succeeding
the first Monday of November next, the
day on which the next Legislature and
state officers are elected by the peopie.
The Language of the constitution, in
this respect, is peculiar in its phraseology
.sThe House Of Delegates shall be elected
biennially, "is the language, without quail
tication as to term of service. 1t 1t hat
said 'sshall be elected bennally, aud serc
lo, t,co gears, then they might hav
been summond together by Goyerno
Walker to count the votes at an.
time after the November election
and before the first Wednesday of Decem
Der next. But to elect biennially IS
elect for two wears and no more. Biennit
legislatures, like biennial plants, live jus
two years and then die. The neat Hous
of Delegates is elected on the first Tuesda
Of November next, and the present one the
des-goes utterly out of existence, witt
out a vital function left. The constitution
in providing for the counting of tt
gubernatorial vote between that tin
and the first day Of January, lS7
REQUIRES that the General Assem-
bly,, elected next November, sha
convene in season to organize and cou
that vote within the time specified. b
this absolute requirement Of the constit
ton has been set aside by the joint resol
ton already passed, which assuming tn
q constitutional requirement can be tn
annulled) renders it impossible to cou
the vote given at the November election
any constitutional body whatever.
And this has been done in the teeth OF
legislative provision in regared to &
meetings Of the. General Assembl
which has grown hoary by age and custe
from the time whereof the memory
man runneth not to the contrary" The
is not a man living in Virginia to-day II
has ever known of any other time for
concerning Of the General Assembly Of t
state than either the first Monday OF
first Wednesday of the December ne
succeeding the biennial elections OF
House of Delegates. These facts ma
good our charge as to the revolutions
character and purpose of the Conseryat
majority in the present General Assemb
We refer The Dispatch to the able ed
rial which we copy to-day from the l
timore American, in which the wri
thoroughly backs our position, and pr
erly characterizes the action Of the
giaia Solonsu as beneath the statesn
ship of either Pinchback or Warmoth
louisiana