The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1873-11-15

Va tnS n01Hos 90 80 AZ Nc
Have. the People of West VlrginiI
Elected Their Representative IL
the Present Congresp 7I-
To the Editors OF tho Intelligeneer:
With due Difference TO the many ingen
ious opinions TO the contrary, 1t seems Il
me that the above question, upon cor
rect construction Of the laws determining
the same, must be answered Ia the mega
tive. Which in effect Is. that neither thu
election for congressman, held on th'
fourth Thursday OF August, 1S7e, or thu
one held on the fourth Thursday Of Octo-
Der Of the same year, was q lawful cleo
ton; and, therefore, the State Is not repre-
sented In the present Congress.
The laws from which any conclusion Il
to be arrived OF, in their order, are:
1.-THE times, places, and manner OF hold
ing elections Tor Senstors and Representa-
lives, shall be prescribed In each State BY
the Legislature thereof; but Congress may
at any time by law make or alter such
regulations, except as to the places o.
choosing Senators"
Paragraph / Of sec. 4, Of Art. /, oil the
Constitution Of the United States:
II. The general elections for state, dis
trict, county and township officers, and
members ot5the Legislature shall be held
on the 4th Thursday Of October.
"2 AT said elections in every year there
shall be elected Delegates to the Legisls.
ture and one Senator for every senatorial
district, and in the year 1870 and every
second year thereafter, a Governor, Sec.
rotary oil State, Treasurer, Auditor and
Attorney General for the State, Prose-
cutting Attorney, Surveyor OF Land, Re
corder, and the number oil Assessors pre-
scribed rby law, and representative in
the Congress Of the United States for the
term beginning on the 4Ih day OF March
next alter tho election.
Sections OF the 81 chapter Of the Code
Of Yves! Virginia-1s6s.
TIE officers authorized by existing
laws to conduct general elections, shall
cause elections to oe held at the several
places OF voting established by law in
each county, on the 4th Thursday OF
August, 1879, &c.
On the same day and under the super
intendence Of the officers who shall con-
duct tie election Tor determining the rati,
ficaiion or rejection of the Constitution
aud Schedule, elections shall be held at
the several places Of voting in each coun.
" for Senators and members OF the
House Of Delegates, and all officers, exc.
cutive, judicial, county or district, requir-
ed by this Constit ution TO be clected,by
the people, &c. q
Substantial parts Of paragraphs Sand
z Of the Schedule. TO the present Consti-
tutionof West Virginia.
Now, what did the trainers Of the Con-
stitution Of the United States mean by the
language above quoted? What did they
mean by the words Legislature Of the
State (?
Is II not clear that they meant, that
"the times, places and manner OF holding
elections9 for Senators and Represents
IdvesI shouldibe pfescfibed byjthe Legis.
nature 81 the several States, existing and
being departments Of fixed and organized
State Governments -
In other words, did they not mean such
like Legislatures ast then existed, as organ.
lizedT departments Of Government In the
States, when the Constitution was made ?
That such isthe meaning Of this part OF
the Constitution, can be maintained by
conclusive arguments, but we do not deem
It necessary to state any OF them.
70 II this 10 o correct construction Of this
part OF the Constitution oil the United
States, 81; follows: t:fts-' =. |rE
That the last constitutional convention
OF this State was not Legislature In the
meaning Of the Constitution, and there
fore could not prescribe the time, place,
and manner Of holding On election for
congressman.
And In fact, the Constitution did not at
tempt or intend to authorize such an cleo
ton. And from this 1t folio 80 that the
election for congressman held on the
/ fourth Thursday d August 1879, was
one unauthorized by law, and therefore
those elected at that time arc not repre-
sentatives in the present Congress.
As 10 the October elections, 1t plainly
appears from the law Of the Code above
quoted, that the election Of represents
tives In Congress is dependent or condi-
toned upon the holding OF general elec-
tons for State, district, county and town
ship officers, and members Of the Legisla'
ture; that unless such general cleo don was
held onSthe. Ah Thursday Of October,
there could be no election for represents
tives in Congress.
Now II Is admitted that the convention
abrogated this law, ct least so lar as a
general election for State and other
officers was concerned by providing ior
tito take place onithe 4th Thursday oil
August.
From this 1t follows that the conven-
4 ton abrogated or rem Tered ;inoperaiive
that part OF the law providing. for repre-
sentaiives In Congress.
For 1t Is well settled law that where
parts oil law are mutually dependen,
upon each other, the repeal or abroga-
ton Of one Of them 10 the repeal or ahro-
cation otall. .CS! o--
/ The conclusion then, must be, that The
October election was an unauthorized one
snd therefore, those who were elected a
that time, are not Representatives In Con
gTess l have now hastily stated my req
sons for the answer given 10 the question
above asked. And will end by saying
that my opinion Of this disputed question
] 10 not 10 the least Influenced by any o
those claiming 10 be Representatives elect
or by O desire Il, be, q candidate In case 0
another election. i being an honor
neither seek orexpeet, yet one l could no
, with respectto The people decline Y pu
: upon me. NC.
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