American watchman and Delaware advertiser. [volume] (Wilmington, Del.) 1822-1828, 1823-11-11
For the american Watchman.


oned by the constitution meet They were, therefore,
respected legislation, till that time imperative body
elected yet incapable of exercising any Legislative tunc
ton. But that day their efficiency commenced, and
with it their real official existence might be regarded asl
simultaneously commencing also After converting, it be-
came their duty in every year in which the term OF the
Executive expired, TO appoint President, who,
when appointed continued to fill the chair OF State until
the meeting of the General Assembly three years from
that time, if he lived out his official period. As the Pre-
sdent chosen by the two Houses in joint meeting, and
where the numbers for the two candidates highest in votes
were equal, the election decided by the additional
casting vote of the Speaker of the Council contested ell
econ at present, could not occur The President be-
ngs appointed and into office the first day of
the Session, both he and the newly elected members be-
gan their official career on the same day.
1t had been found experience before 1892 that the
Goth of October earlier than convenient for the Gene
raj Assembly for holding their animal session
The period between that day & the first of December the
time session usually have lasted busy one
for the farmers and trading characters who have always
formed the larger part of that body to leave their families
and domestic concerns to attend to the public bust
ness. The day of the annual meeting was for this and
other changed by the constitution and the first
Tuesday of January substituted 1t was maintained in a
former essay that this day the of the members
commence, and necessarily much earlier tn an that Of
the Governor, shown, which the Convention wisely
provided should not begin till two weeks afterwards. Had
it been made from the first Tuesday of Oc-
tober the soemny of qualifying him in the presence of
the two Houses could not be performed And in the event
of his election being contested, could not be decided
The members in the several counties could not become &C
quanted with their election under three days;
could they did the constitution require it, meet at Dover
and organize less time than week after the cleo
ton. In the time the person chosen Governor must
|reman inert without beng first qualified he cannot
-Iperform any of the duties his office.
The persons elected to the Sherifs and Coroners off
Ices application to the Governor, receive their conn
mission, qualified, and enter Immediately the duties
of their respective offices, less useully for the pub
c adyantageousyf to themselves, than were the
commencement Of their deferred for three months
or after their election But Governor elect must
for the already assigned wait until the annual
injecting of the Legislature, and two weeks longer before
The be put into situation 10 xercse the executive au-
hory Can any sound be given why this lapse OF
time should pass after Governor has been chosen and yet
that the persons elected to seat in the General Assembly
should by virtue thereof be vested instanter with the pow
err of making laws when that power can be well eXer
csed until the first Tuesday of January, by those chosen
in October of the preceding year, and there IS no Proy-
sion in the constitution which declares they shall not Al
low the of the members to take date from the first
Tuesday of January and there is no period IN the whole
year during which they cannot render Legislative services
But should their commence from the first Tuesday
lof October, there chasm which cannot be occupied
lin legislation because would be impossible for the Gov
call them together, should there be OCCASION in
shorter time than twenty days. Moreover under the for
liner suppoon the speakers OF the two Houses remain Gas
heretofore remarked) officially SUCH entire year, not
for nine months only The speaker of the Senate can in
1.-The event of the Governors death after the election be
cone the incumbent of the executive chair, as he may
should he die before the election And should the Speak
e of the Senate die resign between the time OF his
assuming the executive authority and the first Tuesday
January the Speaker of the House of Representatives
Thar time whether before after the eecon succeed
him. and in the office until be regularly vested IN
, Inew Governor.
Besides the greater for the members Of the
General Assembly attend winter than an sutumnal SEES
jsion there was may be presumed further motive con
Injected with the fiscal of the State which induced
the convention to alter the time of the annual meeting
the Legislature from the goth Of October to the first Tues
lday of January. But it respects any interest OF thu
Stae it could make difference whether the Governo
was inauguraed the Goth of October or on the thrt
4 Tuesday of January. The last determined on, he
hac TINA
o to the day of the annual meeting of the Legislature
Hence strong presumption arises i'll favor OF the opinion
that the first Tuesday OF January the terms OF the mem
h bers properly commence.
1t is true las formerly ADMITTEDLY that the practice ha
been for the newly elected members OF the Legislature
assemble quadrennaly in November for appointing cleo
tors to choose President aud President fthc Unite
States Besides these there have been other autumn
al meetings OF the Legislature since the revision OF tn
ii constitution But the circumstances under winch the
have been held, and the business transacted at them
considered the presidents they furnish are OF no mPo
lance whatever
In Sec l. of Art g. of the federal constitutions il is dc
d 1.-THE Legislature thereof may direct, number OF Electo
equal to the whole number of Senators and Represents
lives TO which the state may be entitled in the Congress
,e Nothing he palmer than that the power only present.
ing the mode of appointing the Electors here given to tn
State Legislatures and not OF donng them as has bee
exercised by the Legislatures Of several States OF whc
er number is Delaware In large majority of the States III
Legislatures have agreeaby the true and meann
of The constitution, directed the of choosing ii
al Electors and not performed that duty themselves In
i mode prescribed has been, for the citizens either e Ho
flor the Electors By districts or to choose them by ge
I'll era Ticket BY the former mode the electoral force OF
20 State can seldom be exered in its pleniude nay whe
70 tile votes of the Electors equally divided between tN
H. candidates, it is completely neurali7ed BY the latter
~ preserved undmnishcd, and may be brought fully M
= action So it is where the Electors are appointed by Il
IS legislature of State nut that TREY should not be 50 a
ponted besides the language Of tllc constitution IN rel
lion thereto which is explicit 10 be misconsued, u
provision in Sec 8, Of Art. l. which prscrbes Ihe moo
=. of appointing the federal Senator'S examined w serN
he guide 70 true interpretation Of hs part OF the Coz
r. stituon in that section declared that the two sen
tors 10 which each state entitled shall be chosen by u
cgislaure thereof In The angunge OF tins section Is