Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1854-12-30
For the Standard.
is the Hon. warren Winslow Governor OF
-

the HOB. warren tVAnSfS~Js
NORTH. Carolina ~
MEssRs. Ep1roRs :: In order the sooner to arriveat
correct solution of this difficult and delicate ques
ton Oct start out with three admissions or raen
er three points, about which there can oe no Tea
sonable diSpate: First there cannot De Two NVF>
errors at She same time; second that if Mr. WINS
dew is not Governor he is Speaker tnrd that MI.
Reid is net now Governor, aud that II ans one ms
that Office it must be Mr.. Winslow. Inc Constitu-
ten being nothing than great chaiHer put at
the some time the supreme law, we shoaG resort to
the established rules of law for the Interpretation OF
charters and laws. Now rule of construction is,
to give effect to the whole of any instrumental pos
sible and not to disjointed parSu res mdgtS rae
at guam pereGt so that should examine the
whole Constitution and place that construction upon
q particular clause which is most consonant with the
whole. II, according to our second admission, II DC
shown that Mr.. Winslow cannot constltutlonally De
Governor it follows that he is Speaker, and by prov
ing this negative prove that Mr.. Winston has
acted properly and legally in the course he has pur-
sued. The clause in the Constitution by which Mr.
Winslow claims to exercise the powers OF Governor
and still hold the Office OF Speaker reads thus Anu
his (the GoFeraor's) death, inability or absence
from the State, the Speaker of the Senate for the
time being, and ia of his DEATH inability or alb
from the State, the Speaker of the House OF
Commons shall exercise the powers of the Governor
after such DEATH during such absence or inability
of the Governor Speaker of the Senate or until
election" &c. Now if the Office of Governor Is
spso cto conferred upon the Speaker by the happen
ing of any of the events provided for, to wit death
inability absence, it is conferred by the happen
ing of either, for there is saving proviso and
the dis unctive, or, used suppose therefore that
Mr.. Reid while Governor had absented himself from
the State Immediately after the organization OF the
Legislature, would he have thereby lost his office!
Surely not for the Speaker shall exercise the powers
OF the Governor dWrlng such absence, which clear
ly implies that on the return of the Governor, he
could resume his Office and if he could resume his
office without new election, it must be because
his office had not gone from him but had renamed
flaS
ring such ABSENCE would have had two Gov
ernors ut one time but it is made Palmer from
this fact that the Speaker is not authorized to cxer-
else the powers of Governor generally, but OF the
Governor, which of necessity presupposes the eXls-
tence of the Office But it may be said that although
in the case put Mr.. Reid could resume his Office on
his return, yet that lie was not Governor " during
such absence which of course involves the concIu-
sion that he did not hold his office during such
absence" Such idea is papably crront GUS for by
Art. 2 Sec 2, of the Constitution, the GoVcrn-
or shall hold his office for the term of two years
from the time of his installation and until another
shall be elected and qualified" 1t might be con-
Tended that Mr.. Wnslow is elected by MIR. Reds
resignation absence from the State, but besides
that such would be strained and Unusual accepta-
ton Of the word elected the ropuiatve and not
the distinctive is uscu and the meaning 1t seems
TO is, that if Mr. Reid had continued Governor
until the LIST Of january next, and Mr. Bragg either
would not or cou,: not qualify, then Mr.. Reid woid
have continued Governor untit MIR. Bragg Qualified
or inability" occasioned either by great mental vor
physical disease, resignation the like, as is placed
" absence from the State" for the words confer
ing the authority, or office, Whichever 1t may be,
refer with equal force to the to the others,
and not restrained by proviso coupled with
conditions. Admitting this, then as the " office
is not d.yolycd OF the Speaker by Absence, and
therefore not by DEATH" which is expressly pro-
vided for neither is it by " res gnation" which is
not expressly provided, and which We must infer
from the word " inability But there various
clauses in the Constitution prohibiting Mr. Nnslow
being Governor. The Governor,to be eligible to the
office must be thirty years of age, have been resi-
dent of the State above five years. and be seised OF
freehold of the value of one thousand pounds, sec
Is, old Constitution whereas, to be eligible to the
Speakership, he is only required to be twenty-oae
vc,rs of are to have lived in his district one year,
and TO own in his district not less than three hum
dred acres of land in fee. Sec. 8, old Constitution
So those who contend that Mr.. Ninsiow is Govern
or must see that if their principle is carried out IN
ali its bearings that this strange anomaly might be
presented at any time, that young man who Is
only twenty-one may be Governor when the Con
stitution requires the Governor to be thirty 1t
may be urged that the word eligible means IN
that capable of being regularly elected but
such a construction would be too refined 1t is de-
rived from the Latin verb : to choose, and II the
Constitution points out, does it not choose? And
it may be possible that the trainers OF our Constitu
ton foresaw this and the like difficulties, and there
fore only invested the Speaker with the powers OF
the Governor. Again, suppose Mr. WnsloW had
b,en Governor from 184S to 1852, how could he
hold the office of Governor when the Constitution
expressly prohibits it? "He' 0he Governor) shall
not be eligible than four years in any term OF six
years." Art. 2, Sec. g. New Constitution.
Again it is urged that he signs bills as Speaker
and Governor; this argument is strictly Pet1tts
a,,iSciDii for if he is Governor he cannot sign as
Speaker and so but the signatures OF the
Speakers is not of the of the law but Of the
FORM their signatures DO not confirm, but merely
authenticate the law the clause is merely directory
Again it is said that Mr.. Winsiow exercises the
powers of the Governor by virtue of his office as
Speaker; this deny, and contend that if he were
to resign his Speakershp to-day that he would have
right to exercise all the powers of the Governor,
without being either Speaker or Governor. adj
NIT that he acquires such powers by being Speaker
at the time of Mr.. Reid's resignation, but he does
not hold them by virtue thereof Suppose Mr. Bragg
were to absent himself from the State from some
period until October, 1856, some contend that Mr.
Wnslow could only exercise the powers of Mr.
Bragg until the August election but the Constitu-
ton declares that in such event he shall exercise
the powers of the Governor during such absence :;
and as in the put Mr. Bragg would be absent
after the August election (when Mr. Winsow s office
would cease) therefore if Mr. Winslow held Uirtute
o1icii he could not exercirse the powers &C. during
the month OF September; Whereas as have stated,
the Constitution confers the powers &c. during
SIGH Absence to wit until October So that although
powers may be acquired by virtue of an office, non
consat that they cease with the office unless insep
erabiy incident to the Office.
also contend that this construction of the 18th
section of the old Constitution is more simple and
natural; for If the words " shall be Governor and
shall exercise the powers of the Governor" be sy-
nonimous, why use such long periphasis shall
exercise the powers of the Governor" to express a
fundamental lava phrase which must neces-
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