The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1874-01-30
Speech Of Ben Butler ON the west
Virginia Case In the House of Rep
TeSentatlVeS on Tuesday Last.

| From tho Congressional Record.1 ssE q
!, Mr. Speaker, had the committee in thl
|, case, with any considerable degree {
pnanimity, agreed upon q report, I shoul
have followed the rule have always es
D tablished for myself in such matters, I
have voted with the committee; but ther
has been 90 much diversity ot opfnlol
that l have felt compelled to examin
the matter for myself. And now l desir
, 10 state 10 the House the conclusions I,
which / come, rather in the hope, III an
, wrong, may be corrected, than OF addinI
anything to the stock Of knowledge of thi
House; Tor the legal proposition II seem
10 me Is so clear, that finding myself o
variance with. other gentlemen for who's
talents, acumen, and ability I have thu
highest possible respect am led mysel
TO doubt the conclusions. | have come TO
although ! have come TO them with suct
clear conviction,
| 1f'the House will indulge me, L ptopost
simply 10 state the case as l understand
it. By the Constitution OF 1858, WesI
| Virginia, as State, fixed the election
day on the fourth Thursday Of October
The Legislature, doing exactly what tht
Constitution allowed them to, do, no more
and no less, for they could fix no other
general election day, except that which
the Constitution gave them the right to
hx, followed the Constitution, and made
all the requisite machinery for carrying
out q general election. Now, what Is d
general electionS ] take It general cleo.
tion Is On election where the whole State
is called upon toyote for the entire State
officers that set the machinery Of. the
State government in motion. There may
be district officers, there may be subor-
dtnate officers at other elections, or at q
general election. But | think 1t a contra.
diction Of terms 10 say that Is not gen.
eral election at which the Governor and
all other great State officers are elected,
The legislature Of West Virginia then
undertook 10 deal with what was within
their constitutional province, and not
within the province of q conVentiou--to
tix, under the Constitution OF the United
States, when members Of Congress should
be elected. They, then, having that right.
and In view OF economy OF time as well
as expense, and to prevents q multiplicity
ol elections, determined that members Of
Congress should be elected on the day
fixed for general election, naming the
day, but saying In addition that should be
the day OF the general election.
While matters stood thus, and there
was no dispute, a constitutional conyen-
tion was duly authorized by the Legisla-
ture of the State. That constitutional
convention framed new constitution,
which they submitted to the people on the
2sd day OF August, and by express terms
made that constitution and the schedules
accompanying 1t to take effect on the
morning Of that day, II ratified by the
people. On the same day they required
all the great State officers, all the princi.
pal officers Of the State, to be elected OF q
general election, in which all the people
were to participate, in which all were to
have an opportunity to participate, and
great interests being involved OF a nature
to call everybodyou out. .a
Now you will observe that the new
constitution fixes q fresh day Of general
election-that is, a day Of general election
when all the great officers OF State were
to be voted for. The Legislature had
fixed that members of Congress- were to
be voted for on the day Of general election.
Now, / suppose that nobody will doubt
that 1t was q sufficient compliance with
the constitutional provision that the Leg.
stature oil a State shall fix the time, place
and manner Of an election, II the Legis.
lature should say that the election OF
members Of Congress should be held on
the day OF the general election, and In the
manner that other great State officers are
voted for. Having done that, then, what
is the effect Of the constitutional proyis.
ion, If ratified by the people? Why, tits
to fix that day Of general election. Then
the Legislature have fixed that members
OF Congress are, to be, voted for on that
day.. And there would seem to be no
doubt inSthe mind Of anybody as 10 the
coming together Of the two provisions;
because the constitution abrogated every
legislative provision under the old consti.
tuition inconsistent with itself-that is, in.
consistent with the constitution. But this
fixing the election OF members Of Con.
gress on this day was not Inconsistent
with the new constitution, bu. entirely
consistent and following 1t.
Thereupon an election was held upon
that day. Now, clearly, on the fourth
Thursday of October there could be no
election, because that day was fixed by
the constitution, and the new constitution
abrogated that day-ended it, Il the
Legislature fixed forty DAYS for the
general election under the Old copstitu-
lion, they were all to be sbroeated by the |
effect of the new constitution.
d Mr.. Smith, ol New York. Will the
gentleman yield to me for q question:
Mr.. Butler, Of Massachusetts. Ido not
mean to speak at much length, and do moi |
like to have my argument disturbed, Butt
I will yield TO the gentleman, at the same
time saying that I do not care TO be inter.
rupted again.
Mr.. Smith, Of New York. l am in |
hoy,aa NJ 1atfino from tha srnnflavnon ,,,hotI