The Charlotte journal. [volume] (Charlotte, N.C.) 1835-1851, 1845-01-17
HOUSE OLE COMMONS.

vi
vent fraudulent voting and 10 amend The
act concerning salaries and fees which
bills passed their first reading.
AT the evening session, on motion oi
Mr.. Jones, proposition was sent 10 the
Senate To adjourn siae die on the 9Th inst
Mr.. Moore made an Intellectual effort 10
revive the bill TO locate the Judges.
At the o'clock session, Mr.. Washing
ton presented bill to amend the 9TH sec
ton Of the Rev. Statutes, entitled Guar.
dian aHd Ward;" which passed It's FIRST
and second reading.
The House adjourned.
-esse1e7sas
MESSAGE.
From Governor, Morehead in relation 10
the compensation of the Governor as
President ex ollicio of the Literary and
Internal Improvement Roards.
To the Honorable, the General
Assembly of North CaroiiaG
4 GENTLEMEN, found upon my iab!e, on
Friday last, printed document No. 40,
herewith transmitted, purportiug to be n
I" correspondence relative to the legal right
of the Governor to receive pay rs Presi.
f dent ex oflicio Of the Literary aud Internal
Improvement Boards which is accom-.
panied BY copies Of resolution OF the
Senate, calling upon the public Treasurer
- to report 10 the Senate the corrcspon.
dcnce between the Treasurer and his ey-
ccl!ency the Governor, relative 10 the le-
gal right Of the Governor 10 receive per
diem compensation, as President ex oificio
&C, Tor services rendered upon the Lite
rarv and Internal Improvement Boards !;
and also the opinion Of the Attorney Gen.
cral thercupon, together with the amount
which his excellcncy the Governor has
received for sad service = and OF letter
J from the Treasurer to the Speaker Of the
Senate, in response 10 that resolution and
Of letter from the Treasurer 10 myself
and my reply and Of letter from the
Treasurer 10 the Attorney General, and
his rcp!y-tngelher With statement made
/ by the Treasurer, relative 10 the sums
haze received fnr my services on these
Boards-which statement he processes to
? make from The report of the Comptroller
, 10 the q House of Commons, Deer 20
! 1872"
As to the question Of the Governor
right TO compensation, desire 10 draw
! the attention of your honorable body Il
the law, the prac ice under the law ever
since its passage, anil tic action OF the
Legislature on The SUBJECT
! had not heard The question raised, o.
the matter Of the Governors right to com.
i pensatton for his services upon either 81
! fthr Boards, doubted, Until the receipt d
/. the Tfeasuref's letter Of eth January
tl1l2 declining 10 ply warrant drawn BY
G me IN pursuance d an order Of the Boar
a., luf Internal Improvements THIS letter
proposing to submit the matter to the Ley.
stature then IN session, WAS eiSed on
the evening after The House bad adjourn.
ed 10 meet at o'clock Al highland the
House again adjourned to meet Al halt Of.
ter five the next incoming, when the Legs,
lature adjourned sine die and before my
reply of 2sth 10 the Treasurer.
Upon this refusal 10 pay the warrant Up.
on the grounds alleged BY the Treasurer
| looked into the law, and the practice IN,
! der it, aud found no room 70 doubt. The
! acts Of 1886, Revised Statutes, chap. 81
aud 81, making The Governor ex oflico
President Of the Literary aud Internal In.
, proycment Boards, assign duties to tic
Governor as u member u those Boards
which are wholly disconnected with hl-
executive duties aud which he cannot BE-
required to perform, il he choose not 10 do
80. The executive IS separate and lnde.
pendent branch Of the government, aud the
" duties Of that branch are fixed by the con.
! slltulion, and the legislative department
can no more asslsn duties 10 the executive
d department, which are not executive du,
ties, than the executive department can as.
c sign duties TO the legislative department
6 and all duties assigned to the executive BY
+. the Legislature which are not executive
d duties, may or may not be performed BY
him at his option, without any direlictot
Y Of official duty, however discouftcoUs il
/ might be on his part to decline any reason
+ able request made by the same Legislature
+ The superintendent, IN person, Of work,
II Of Internal improvement the drainage d
swamp lands, the banking operations Of q
G loan office, and the various duties assigned
II the Internal Improvements and the Lite,
3, rary Board, will not be considered, by any
d person US executive duties. For IL 50
n there are then as many executive function
d aries TO discharge these executive duties
i as there are members Of these Boards.
The duties assigned 10 the executive al
president OK ofllcio Of these Boards,
$, have found very onerous, and responsible
!. | hesitate not to say, that the duties which
e | have found i necessary 10 perform IN th'
7. faithful discharge Of the trust coniided II
Il me, as president OK ofiicio Of the Literary
i Board alone-in experimenting the loan
r. Of Ihe Board, the drainage Of the swami
% lands, and the great variety Of duties, an,