Semi-weekly North-Carolina standard. [volume] (Raleigh, N.C.) 1852-1853, 1852-05-26
RALEIGH, WEDNESDAY, MAY 20, 1852.
FOR GOVERNOR:
HON. DAVID s. REID,
Proceedings of the Council of State.
OF ROCKINGHAM COUNT

Proceedings of the Council Of State--
Called Session Of the Legislature.
Pursuant to a call of the Governor, the Council of
State in this City the 18th instant, and quo
appearing, the Council adjourned the goth,
when quorum in attendance. Wilson S. Hill,
ESQ. was CHOSEN President and Mr.. w. H. Jones,
Secretary.
We have been permitted to copy, for the informa-
ton Of our readers, the proceedings of the Council
in relation to a called session of the Legislature.
The following communication received from
Gov. Reid, and considered:
EXECUTIVE OFFICE,
Raleigh, May 20, 1852.
GENTLEMEN The construction placed the I'd
clause of the LIST section of the Sd article of the Con-
slilutien the United States, requires the vote for
President and Vice President in 1852 10 be accord
ing to the Census of 1850 This construction has
been generally acquiesced in, and will, presume,
be adopted by all the States. Although have not
been officially informed Of The fact yet il is well
derstood that North Carolina, according 10 the late
apporanment, will only be entitled to Electoral
votes in the next election The act of the General
Assembly Of this State the session of 1923 d.
vided the State into eleven Electoral districts. There
fore the act OF Assembly provides for the election of
eleven Electors, while the State under the late APP
portionment will only be entitled to ten Electoral
votes. The election for President and Vice
President will take place before the regular period
appointed by law for the meeting of the General AS
sembly. II is provided by law that the Governor
may VIII duVice OF OF StdIe, Call
meeting OF the General Assembly, if the shall
be absolutely necessary, at sooner day than the
same may be adjourned to or appointed 10 meet"
l submit TO your consideration, whether under the
circumstances it does not become necessary
vene the General Assembly at earlier day than is
provided by law for its regular meeting, have fur.
Their legislation avoid llegality in the election for
President and Vice President. If your body should
advise the General Assembly TO be convened for the
purpose have mentioned the question then arises as
the appropriate time for the meeting: 1t
that il should be called together till
after the next August election.
The Constitution provides that the Senate Of this
State shall consist of fifty representatives, bienniaIly
chosen by ballot and to be elected by districts which
districts shall be laid off by the General Assembly,
its first session after the year thousand eight
hundred and foriy-one; and afterwards at its first
session after :he year thousand eight hundred and
hflyon Ii is also provided that the apportionment
of the members OF the House OF Commons - shall
be made by the General Assembly, at The respective
times and periods when the districts for the Senate
herein before directed to be laid of. I" If the
General Assembly should be called together before
the reg ar period, would of be a session,
and the first session after the year one thousand eight
hundred and fifty lone. The language of the CONSTR
ton is the first regular biennial session. but a
its first session. II would, therefore, that il
the Legislature convened the Constitution requires
the Senatorial districts be laid off and members
Of the House of Commons 10 be apportioned. If it
is convened before the next August election it will be
composed of members chosen in 1850, who, pre-
sume not elected with view laying off the
Senatorial districts and apportionng the members of
the House of Commons. therefore submit wheth- |
regard for public interest and respect for public
opinion, do require that the time for converting
the General Assembly should be postponed till the !
first Monday in October next. The Legislature then
called together 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 one of more than ordinary length
Laying off The Congressional and Senatorial districts,
fho ,hnro
mons, and acting upon the Report Of the Commits |
sioners appointed 10 revise the Statutes, added to
the ordinary business of Legislation, will protract the
session. The people might go on and in their pri-
mary meetings nominate their candidates for Electors.
and the General Assembly, when convened, might |
pass the necessary act in lime for the Presidential
election The Legislature could then proceed to lay
off the Senatorial districts and apportion the memb-
ers of the House of Commons; repeal, for the ses-
sion, the act fixing the time for the meeting of the
General Assembly, and then act upon the Report of
the Committee appointed to revise the Statutes, or
upon any other business OF Legislation. In this way
it seems to the expense and inconvenience of an
extra session might be avoided.
This communication, you will observe, is predicaeG
upon the fact that the term of the members of the
Legislature commences al the regular biennial cleo
ton in August. Upon this point think there can |
be doubt. 1t has been said that this construction
would operate Inconvenience, for if the Office
OF Governor were to become after the election
In August, then there would be no Speaker of the |
Senate to succeed him. Even admitting this 10 be |
true, II argues nothlng; Tor we all know that
convenience experienced from provision in the Con-
does not authorize change its construc
uon. The Constitution provides that members of the |
Assembly shall be bennially chosen. All seem to
admit that they elected for term of two years.
In 1885 the Constitution amended, and instead ef
each County having Senator and two members of |
the House of Commons, different mode of represent
tatIon was substituted. Although the amended Con-
stItutlon was ratified in November, 1885, ordinance
OF the Convention postponed its operation till the Istof
January, 1886. The Constitution which went into |
effect on that day, abolished the Assembly elected |
under the old Constitution, and consequently the first
elected at the summer elections OF 1886. The term
OF the members of that Assembly commenced from
the election. If the term commenced the election
then, 1t must be now, for the Constitution has not
been changed since that time.
most respectfully ask your advice in relation to
converting the General Assembly.
am, very respectfully,
Your obt. servant,
DAVID S. REID.
10 THE COUNCIL OF STATE.
WHEREUPoN 1T WAS ORDERED, that the Council of
State do advise the Governor call session of the
members of the General Assembly to be elected in
August next, to meet in the City of Raleigh, the
trst Monday TN October nert proposed in the pre-
ceding communication.
w. S. HILL, Prest. of Coun.
No further business coming before the Council, that
body adjourned. ....