Mobile register and journal., 1845-09-09

Ahc husSoiooSa Nloul'oi puphohcs hH euS gesling some apparently serious and perpexing diff faculties which it conceives will embarrass the carry ing into effect the proposed amendments to the stuion providing for biennial sessions to the egis- lature. If the positions taken by the Monitor are correct, it would seem 10 be almost if not wholly impracticable to give such construction to these amendments would effect the objects nend- ed by the legislature which passed them. reconcile them with the known will of the people ofthis State. who have sanctioned them with such extraordinary unanimily And free 10 express our opinion that If as ihe Monitor reconhends, in order to save these amendments, it become necessary to throw ourselves upon executive discretion for the call oan extra session. it were better that the next legislature should reject them altogether and proceed with amendments de noro, taking care to draft them in such manner should leave nothing open to doubt.
 From a nasty examlnatiou of the subject however, we cannot discern just grounds for the apprehen- sions expressed in the article in question. We ihnk in the first place that the Monitor commits capital errors in taking il for granted that the first session of the legislature under the amended constitution will take place until December IS47. and that election cannot be held next year Our mpress son has been different. We have supposed that ihe election would take place usual next August, and that the first session under the amended constitution would take place in December following. The constitution | does fix the time when the egislaiure shall con vene but leaves be provided for by the IegisIa ture itself Section ?, art says, "The members of the House of Representatives shall be chosen by qualified electors, who shall for the term of year lfWo years amendedl from the day of He mencenent ofthe general eleeon'' Seetion B article is follows, ''Ihe representatives shall be chosen every year, (two years amendedl the first Mon day and the day following in August unui otherwise | directed by law"
 These two sections fix the day of election (to be altered by the legislature at pleasure) and declare that the representative chosen commences hIs term of office from ths day of hs election and that he tnues in office for year-or t,oo years, according 10 the amendments. But they do not direct where the legislature shall convene, s it provided for in any other part of the constitution, except for the first session which, by the 29,h section of article 3, (repealed altogether by the amendments) was to be held in the town of Huntsville on the fourth bionday of October following. And may remark en pas- sant, that under the proposed amendments the legis ature s not restricted 10 any particular day 10 hold it's regular sessions, nor to meeting in two years, for il may adjourn and thus in effect hold two or more sesslons-and the Executive may call extra ses. sions.
 We are unable thus far to see any constitutional objection to the first session under the biennial amendments being held in December. 1s46. or to the first biennial election taking place next year. The constitution should receive reasonable and practi- l all it's various requirements.
 The period for electing U. s. Senator in lS46 The term of one of our Senators expires 4th March, l947. If no session of the egi stature should be held between December, IS45, and December, 1S47, it would be necessary anticipate the usual period of the election of U s. Senator by bringing il on al the approaching session. in order 10 avoid being deprived for nne months of our fu represen- tation in the senatorial branch of the general govern ment. This objectionable in more ihan one point of view which need not be enlarged upon.
 The election of treasurer and comptroller at the next session should properly be made for one year. If their election should be brought on before the pas sage of the constitutional amendments, if these should fail for of the necessary majority of thirds of both branches of the legislature il is clear that the of service of these officers would be E mled to year.
 It would not be impossible perhaps to obyiate all difficulty on th's head by giving precedence in the acton of the legislature to the amendments, or 10 the election of these officers, the case might qure. Somewhat similar considerations apply per- haps to the of the election of Secretary of Stae But from tle whole scope and bearing Of the bien- nial amendments, think the inference is fairly de- ducible that the intention that the being and action of the next session of the legislature should derive it's authority from the constitution as il now stands.
 This brings us 10 the subject of the re rganization of lhe Senate wherein conceive that this inten- ton is strongly shown. By the amendments, the 18th section of the 3rd article of the constitutions which provides for the division of the Senate into three classes, is 10 be stricken and the following inserted Sin lieu thereof:" "At Me first meeting of the general assembly ati0 Me adoption of the propos- ed amendments, the Senators when convened shall be divided by lot into two classes, nearly equal us nay be;t he of the Senators Of ihe first class shan be vacated al the expiration of the two next ensuing wears; and those of ihe Senators of the conu Glass shall be vacated the expiration of tEe iour next ensuing years; so that one half may be benn'ay chosen thereafter and |, rotation thereby Kept up perpelually." Now, rejecting all the ma- chInery oI extra sessions how can the Senate scon Sene" sI the first meeting efs the adoption of lbe