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

in fixing, different day, is exempt fron these difficult
uss, surely reason and sound policy would recommend the
adoption of the latter.
With this construction, Sec. a. in Art g. of the cons
tuition, which provides that the General Assembly shall
meet on the first Tuesday of January every year. unless
sooner convened by the Governors would appear on a
superficial view to be at rsance Nevertheless giving the
words contained in the last clause, which convey
an opposite idea, CAREFUL candid examination, dis
crepancy will be found to exist.
The General Assembly, it must be borne in mind,
cept in of change of the constitution Or form of
government0 Body Which never dies. The members
who compose it are triennally and annually changed. But
its legislative character always remains the same. ex-
perences mutation. The General Assembly consisting
OF the members WING in session in January and Feb
ruay last may the call of the Governor in
November for the special purpose of appointing two Sena
tors to fill the vacancies from this State in the Senate of the
United States, and then adjourn This should not and
could not prevent the members elected the first Tues
day OF October last from meeting the first Tuesday of
January next the meeting and adjournment of the for
being distant from that day, that the words uness
sooner convened by the Governo) contained in the last
clause of the section above quoted, could not apply to
them Might not, however, the Governor without assign
ing any particular reason, state generally in his procama
ton that the exgences of the state rendered
for him to call together the members of the Legislature
an earlier period than the annual day OF their meeting
And might not those who served last session. after
ing and appointing the Senator's continue to sit and tram
sact the business usually attended to in January and Feb
ruay and conclude their session before the first Tuesday
of January 1t would then be unnecessary for the newly
which had been already done, and done by the General
Assembly of the State. Giving this exposition to the
words "unless convened by the Governor which
would apply TO the newly elected members, and
to them only, because they alone 1.-TWO thirds of the Sen
ate excepted) have the authority to meet the first
Tuesday of January the difficulty is removed and the
procedure made to harmonic with the constitution.
Legislation is the business of the General Assembly
That is the object of its institution And although it is
employed multiplicity of subjects, the thing itself alb
stracty considered is always one and the same And al
though the chosen to legisae periodically varying
by elections there is cessation in the existence
the Body they compose. One set of Legislators consti
tue this Body until succeeded by another Indeed, I'm
less in of vacancies occurring by death, resignation
otherwise thirds of the Senate, members out
nne of which il consists always together two years
in succession, the Of the members only being annually
elected and the whole number consequently being ncapa
Bile of entire change under three years. Now it woult
be absurd say that the members of the General Assem-
IDLY who possess the authority of egsang for the State r
1894 constitute different Body from those who legsaet
in so large majority as two thlrds 9 OF one
1.-THE branches and the highest and most branch
are the identical who occupied the Senate cham
Der Legislators during the last January and February
session. Numerically they constitute only fifth part
the members Of the General neutrality-suspicious.
they may form of the two Houses of which the Legs
ature is composed, five members being majority of the
Senate, and making quorum to do business.
The Governor is chosen the same day when the Sen
ators and Representatives elected. But his oica
term does not until the third Tuesday of thu
January following. II would seem strange that the terms
the members OF the General Assembly should begin mme
datey after they are elected, but that the Governor
should until after lapse of three month
and two weeks. Considering the intimate connexiol
subssing between the Chief Magistrate and General AS
sembly and that the executive and Legislative department
are coordinate it would be reasonable to suppos
that the convention who revised the constitution intended
them in commencing their respective terms. near
to approximate. But in directing that the Governor
should commence the third, and not the first Tues
day of January, there fitness and propriey. Befor
The takes the oaths of Office which to be administers
the presence of both Houses, is necessary that the
should organize And in his election should be
tested the interval between the first and third Tuesday
Of January affords time for examining the validity of hi
ELECTION, before he is qualified
PUBLICOLA.
NOTES.
The author may, hereafter, should his leisure admit
fully than here done that it is of no const
quence at all.
Q In the constitution as formed in 1776, the Execuv
lis styled the President
3. In consequence Of Willard Hall, Esq. being appoint
ed District Judge his in the Senate vacated, an
consequently that branch of the Legislature contains onl
five Of the members who served last session.