Semi-weekly North-Carolina standard. [volume] (Raleigh, N.C.) 1852-1853, 1852-10-09
SPECIAL MESSAGE.
To he HonoraJe the General As,emJlv

SPECIAL MESSAGE.
To the Honorable the General Assen,J!y
ri The State If North Carolina.
The meeting Of the Legislature affords fit occa-
sion for the expression Of gratitude all
wise Providence for the many blessings bestowed
upon Republic, a State, and People.
With the advice OF the Council of State, 1T was
deemed absolutely necessary to call meeting OF the
General Assembly, at an earlier day than was Provl-
ded the regular meeting thereof, for the purpose
of having Legislative action in relation the election
of Electors of President and Vice President OF the
United States This necessity arose in consequence
of the action of Congress experiencing the Members
of the House OF Representatives among the several
States, according to the Census of 1850, by which
the State Of NJ rth Carolina will be entitled to only
ten Electoral votes, while the present Act of Assem-
bly, provides 70: the election of eleven Electors. The
communication of the Executive to the Council of
State, and the proceedings of that body thereon, and
the Official Certificate of the Secretary of the Interior
in relation to the apportionment under the Seventh
Census, are herewith transmitted.
Laying off the State in districts would impose the
necessity on the people of making new nominations
of candidates for Electors which, for want of su-
clen intervening time, would operate very lnconve-
niently the ensuing election. 1t is therefore
commended that Act be passed, providing for the
election, on the Tuesday after the first Monday in
November next, of ten Electors of President and Vice
President; that the existing laws prescribing the
qualification of voters, the manner of holding the
election and making returns, well as the penalty
imposed for illegal voting, be continued in force.
be laid off by the General Assembly IS at its first
sion after the year thousand eight hundred and
fifty one,' and that the apporonment of the House
of Commons shall be made by the General Assembly
the respective periods when the districts for the
Senate directed to be laid off.
In regard to amendments to the Constitution by
legislative enactment it is provided in the Constitu-
ton, that, IT, after such publication, the alteration
proposed by the preceding General Assembly shall
be agreed to- in the first session thereafter, by two
thirds of the whole representation in each House of
| H. ek,ollh
read three times three several days in each House.
then the said General Assembly shall prescribe
mode by which the amendment or amendments may
be submitted to the qualified voters of the House of
Commons throughout the State"
1t is respectfully submitted whether public
nence will not be promoted by repeating, for the
sion, the law requiring the meeting of the General
Assembly on the third Monday in November, and
proceeding TO act the ordinary business of legis
lation, thereby having but one instead of two ses
sions. Should the General Assembly decide to adopt
this course, when informed of that fact, my regular
Message will be communicated accordingly.
DAVID S. REID.
EXECUTIVE DEPARTMENT,
RALEIGH, October 4, 1852.
[A]
! Communication to Council and Proceedings.
EXECUTIVE OFFICE, }
Raleigh, May 90, 1852.
GENTLEMEN: The construction placed the
second clause of the first section of the third article
of the Constitution of the United States, requires the
for President and Vice President in 1852, to be
according to the Census Of 1850. This construction
has been generally acquiesced in, and will, presume
be adopted by ali the States. Although have not
been officially informed of the fact yet it is well I'M
derstood that North Carolina, according the late
aPportionment, will only be entitled to ten Electoral
votes in the next election. The act of the General
Assembly Of this State, at the session of 1923,
divided the State into eleven Electoral Districts
Therefore, the of Assembly provides for the cleo
ton eleven Electors while the State under the late
NIL he ph tn
votes. The next election for President and Vice
President will take place before the regular period
appointed by law for the meeting of the General As
sembly. 1t is provided by law, that " the Governor
may, with the advice of the Council of State, call
meeting of the General Assembly, if the same shall
be absolutely necessary, at sooner day than the
may be adjourned to or appointed ito meet" submit
to your consideration, whether, under the circum-
Stances does not become necessary to the
General Assembly at an earlier day than is provided
by law for its regular meeting, to have further egis
latlon to avoid illegally in the election for President
and Vice President. 1fyour body should advise the
General Assembly to be convened for the purpose
have mentioned, the question then arises to the
most appropriate time for the meeting. 1t occurs to
me that should not be called together till after the
next August election.
The Constitution provides that " the Senate of this
State shall consist of fifty representatives, biennially
chosen by ballot, and-to be elected by districts
which districts shall be laid off by the General AS
sembly, at its first session after the year thousand
eight hundred and fortyone, and afterwards its first
session after the year thousand eight hundred and
ffty-one.' 1t is also provided that the apport;on-
nent of the members of the House of Commons
&" shall be made by the General Assembly al the re-
specve times and periods when the districts for the
Senate hereinbefore directed to be laid off, If
the General Assembly should be called together be-
fore the regular period, it would of course be ses-
sion, and the first session after the year one thousand
eight hundred and ifty-one. The language of the
Constitution is not the first regular biennial ses-
SION. but " at its first session. 1t would therefore,
seem, thai if the Legislature is convened, the Con-
stitutlon requires the Senatorial districts be laid
of, and the members of the House of Commons to
be aPPortioned. If it is convened before the
August election, it will be composed of members
chosen in 1850, who, presume, were not elected
with view to laying off the Senatorial districts and
apPortionlng the members of the House of Com
mons. | therefore submit, whether a regard for
public interest, and respect for public opinion, do
not require that the time for converting the General
Assembly should be postponed till the first Monday
in October next. The Legislature, then called to-
gether, would be fresh from the people, and fully
prepared to reflect their will these subjects and
all others.
The next session of the General Assembly will in
all probability be of more than ordinary length.
Laying off the Congressional and Senatorial districts,
apPortioning the members of the House of Commons,
and acting upon the report of the Commissioners
appointed to revise the Statutes added to the ordn-
airy business of Legislation, will protract the session.
The people might go on and in their primary
ngs nominate their candidates tor Electors, and the
General Assembly, when convened, might pass the