American watchman and Delaware advertiser. [volume] (Wilmington, Del.) 1822-1828, 1823-11-04

n NOVembcT HtNt, .
tyoc p. NJ At which time address will be deliver
rd much useful information communicated to the So
40 ]. A. SPARKS, Sec,y.
,h ALLOWING essay was intended by the author for last
S,ay,s Watchman, but came too late.
For the american Watchman.
the event of Governor Thomass calling extra
rtba General Assembly before the first Monday of
mher next for the purpose Of appointing two Sena-
10 represent the State in the Senate OF the United
tos Il has become question, whether the members OF
,rslature who were elected in 1899 can be const
[naIy convened, those who were chosen at the last
[nsrsl election When the author Of the following re-
INKS first heard this question proposed, he thought and
the newly elected members were those who should
| st But little reflection on the subject induced him
%.n,e his opinion; and the reasons which produced
hanre of sentiment, are submitted now with Difference
me consideration Of an intelligent public.
The decision of this question depending on determining
3c from which the official terms OF the Senators and
s natives take date, it may be contended (and will
be denct) that since the revision of the constitution
7g2 precedent ~ is in favor OF their commencing
nm and consequently expiring on the first Tuesday OF
lober the day which the general Elections are an
,Iy held. This may however be thus accounted tor
srhe constitution as formed in 1776 third part of
Legislative Council and all the members OF the House
Assembly, were elected annually on the first day OF Oc
her, and met on the 2Oth day of the month for tran
citing the business of the State, these days happening
he SUNDAYS In 1892 the second election for choos-
= President and Eice-Prcsdent of the United States
HE'LL and it became necessary that the members of the
ener Assembly elected under the constitution as amend
Jnne Of that year, Should confornably to the policy
IN and since pursued, on the Sd OF November
| .nnoint the Electors This service which the
,mbes chosen in 1791 before the constitution was alter
c not perform, for their terms had expired and au'
orly ceased. And precedent having been thus set,
newly cleo, ed members have since lf9% quadienhaiy
&ien5led to attend to that duty.
The 9th Of October the day designated IN the con-
luton of 1776 for the members OF the Legislature 10
Get after their election, and was the day on which ther
fetal terms might properly be said to commence and ter
mate For on any unforeseen emergency arlshg' wn'ch
t have rendered it necessary for the President III to
vene the Legislature, the call could not have been u.s.
ed and obeyed in shorter time than from the irst TO
+c 10th OF October call wcd therefore, have been
pAuos and it may be fairly inferred that as the newly
!ected members cod not be assembled sooner than on
last named dav their terms begun and ended trennal-
and annually on that day. BY the constitution as altered
l799 the period from the election OF the members Of
General Assembly TO the day OF their annual meeting
prolonged from less than three weeks TO months II
rmperous reasons all extra session should at any time
thought advisable, three MONTHS II is admitted would
ample time for the Governor to convene them, and for
to transact whatever business the occasion might re-
me But allowing the members last elected to be those
Tho should be assembled, might, little consideration
m teach u.s. throw distractions of serious nature IN
way of administering the government. should me
aker Of the Senate have finished the Last year OF ms
m, (almttng the term to commence and expire on the
s Tuesday Of October,) whom are the executive
deyove in case Of the Governors death, reslgna
On, Or remoyal from office, onimpeachment, or tornab
should either take place between the hrst TUESDAY o,
GO5er and the third Tuesday OF January !hey couu
be assumed and discharged by the Speaker OF the
senate whose term had expired And Speaker OF the
ene could not be appointed before the hrst tuesday o.
January, the day prescribed by the constitution tor inc
annual meeting Of the Legislature Aad when aPpo.tee
could not constitutonaly exercise the ONCE OF uove
O for it is only Speaker of the Senate that is yestee
nth that appointment at the time ofthe Governor death
o succeed to the executive trust. Should the Gov
nO die previously to the election, the speaker oil I'LL
nae that time although in the last year OF ms term
although that term should expire on the first TUESDAY
October would be entitled to exercise the once o
Wernor until the third Tuesday of January ensuing, Y
long he should lve,) because the constitution mas eH
ey provided, that he shall hold that trust ana perori
Sdes until new Governor shall be qualified But shouit
lie speaker of the Senate happen to die on any day be
Seen the first Tuesday of October and the qualification
new Governor, the executive trust could not vest IN TN
person who had aneccdently to the day OF election oee
Speaker Of the House of Representatives. his term as
Representative having expired on that day, and along witt
N Office as Speaker also. Were Charles Thomas wh
las been acting Governor since the death OF GoVerno
le 10 die tomorrow, George Clarke who was SpeaEe
lhe House Of Representatives from the hrst luesaa
January last, until the late general election could nc
exercise the Office of Chief Magistrate although ma
Charles Thomas died on any day after assuming the oic
prior the election, he George Clark might then nav
ten vested with it, because he was (what the cons't'
tim requires) at ha. time Speaker of the House of RI
lfesentaives Charles Thomass death at this time wout
eVefoe be attended with serious inconvenience An e.
session the General Assembly could not be called i
mlS the Senatorial appointments, nor Tor any other p
pe how pressing soever the necessity; nor could ar
SlceSwhich might become vacant, be filed with nSun
ucs But allow the first Tuesday of January trienmay
annually be the day from which the official terms ct Il
members of the Legislature take date, and these dhcu
IVES @ll be obviated. The Speakers OF the two Hous
'ppOhted the first Tuesday OF January 1873, reta
neE official character as such until the first Tuesday
ay 1894, entire year, and do not lose it at the CT
nine months from their appointment, as they must q
,utng their right of membership to become extinct
c h Tuesday of October. The constitution recelv'r
@e latter construction evidently requires amendment
prevent the occurrence of the evils adyerted to- Constr
ah the former way, the danger of their taking place
meCmded. This construction it may be observed ais
corresponds with the manner in which the terms OF Il
unaor and Representatives in the National Legislator
Olunence and expire, bearing date not from the day
nlnaN.H- Il. VanFr