The Abbeville banner. [volume] (Abbeville, S.C.) 1847-1869, 1847-12-08

u VI iofciSH cOlcHeS To complete
their education and mental darkness pcr-
vaicd the land. Bat under the fostering
influence OF this institution, the lights of IL
tcralure and the sciences have penetrated
the rcccsses Of the mountains, the islets of
the sea coast. and spread over the whole in
tcrmedlate space. The number of students
IS now something like four-told what it was
lew years ago. and this addition would
seem to Indicate the necessity an addition
to the number Of Professors, and necessari
y ycnlargcd accommodations for the stulents.
| will not anticipate what the board oftrus-
tecs, whose peculiar duty aud province 1t is
TO advise on this subject, may suggest. But
| will not allow myself to question. that
whatever appropriations may be necessary
to sustain and promote this invaluable insti.
tuition will not be withheld.
Ofour Free School system shall iorbcar
TO say anything at present. as Il COMMITTEES
ofthc House Of Representatives. were charr-
ed, at the last session, with examining into
it, with Il view to its improvement and it
may be reasonably expected that they have
bestowed upon it all the attention that 80 i'm
portant subject deserves; and that they
will bring together all the information that
could be obtained The system, in its pre-
sent form, rs we'll as the manner in which
it Is carried into effect, is the very worst that
can be conceived, and calls loudly for i'm
provcncnt. But as the starting point of
any improvement, J. would suggest the alb
solutc necessity OF appointing Il general SUI
pcrvisor Of the schools, without which it is
respectfully submitted, all attempts at i'm.
provcmcnt will be vain-without it, no
thing like system, so necessary to every en-
tcrprse, can be obtancd-next TO this, the
most important is the means Of obtaining
competent instructors.
ELECTION OF ELECTORS FOR PRESIDENT
AND VICE PRESIDENT.
1t will not escape your notice, that by the
act of Congress-, the first monday in Nov.
embrr next, is fixed for the election of Elect
ors for President and Vice President. For
the last fifty or sixty years, they have been
elected by the Legislature, the time ap
pointed for the election being within the pc
riod Of its regular annual sessions, but the
time now fixed is between the election Of
new Legislature and the term prescribed by
the Constitution for their assembling. If
the Legislature determine to exercise the
power themselves, the questions will arise,
lst. Whether you have the power to ad-
journ yourselves over to that day-if not,
I'd. Whether you have an authority to pro.
vide for the assembling the newly elected
members, and if neither, 81. Whether the
Executive has, under the Constitution, au-
thority to convene them. do not myself
entertain any doubt on either of these qucs-
tons. In the memorable session of fNovem-
bcr, 1894, specially called to provide a.
gainst the operation Of the obnoxious tariff
laws Of the United States, the newly elect
ed members were convened before the time
appointed by the Constitution, by the pro-
clamation Of Governor Hamilton. upon the
advice at least Of the Judges Of the Court of
Appeals, Of which | was member, and it
it is little remarkable that irrcconcilabiy
divided as we were upon the political qucs-
tions that agtatcd the whole State, VIC all,
without concert, came to the conclusion that
the newly elected members constituted the
true Legislature, and SO advised him. The
conclusion at which then arrived, was nut
without due delberation, and l believe it
has been sanctioned by general public OPT
MON. have certainly not changed my
own. 1t follows that this Legislature has
no authority to adjourn itself over 10 time
beyond the next election of members. and |
think there is as little doubt that you have
no authority to prescribe a time for their
meeting. If you may, there is nothing to
restrain you from prescribing rules for It's
course of Legislature. The question is re-.
solved by familiar rule-that an agent or
representative cannot, by the appointment
of substitute, extend his authority beyond
the time limited by the authority under
which he acts.
Has the Executive the authority to con-
vene the newly 10 be elected members D.
His power in this repcct is limited by the
Constitution to extraordinary occasions"
Is this one Of that character2 1t may be
SAID that il is not, because the occasion is
foreknown. Now, if the passage of the act
had been delayed until after the next session
Of the Legislature, can hardly suppose that
even this objection would be raised, and yet
th;s erislot,ro is nc i,nnotcnt IN nrovide