Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1855-01-06

be exercised by the hands which exercise the
aohoLe powers of either of the others and that such
exercise of the a0hoZe Chat is the whole of two pow
ers) would subvert the principles of free Costitu-
| ton.
And in this opinion of Mr. Justice Story the dis
tingushed writer's of the Federalist agree.
| TO the same effect the opinions of Montesquieu
and Blackstone the latter of whom declares that it
is highly necessary for preserving the balances Of
! branch, though not the whole of the Legislature"
There cannot be found, upon examination, single
Constitution of any ofthe confederaed States OF
! this Union, where the maxim in bill of rights
is not more or less adopted, and yet where admir-
lures of these powers do not occur.
! 1t is therefore no violation of that maxim that
while the Speaker in the contingencies mentioned,
exercises the powers of the Governor he continues
| to sit member of the house to which he was
| chosen.
But, if be the Constitution ITSELF contempora-
neously formed with the Bill Of Rights, imposes the
duty. 70 act under injunction of the Constitution
is no violation of the Constitution.
But it is said that the construction sought to be
given, this side of the chamber to the 10th
ton violates the 35th section which declares that no
person. in this State, shall hold more than one ~lu
crative office at any one time. What l have said
about the relative value of apparently conflicting
clauses of the Constitution, in discussing the first
objection, applies with like force to this, and if that
were not So the objection is irreavent, and untena
BILE. 1t may be doubted whether the speakership is
office, in the technical meaning Of the word. In
the Senate of the United States early in 1893
it was decided that Senator of that body was not
civil officer and therefore, was not liable to i'm
parchment and the trainers of our constitution
seemed clearly so TO think; for had they thought
otherwise, aud had they deemed a member OF the
Legislature an officer then had there been no &C.
casion for the enactment of the Goth, 9th, 18th,
29th and 30th sections of the constitution the 3oth
section being in force. The last section existing,
why declare that no member of the council should
have seat in the Senate, House of Commons?
And the 18th section of the amendments is still more
explicit this point. No person, it declares, who
holds office, place of profit and trust under this
State or any department thereof, shall hold any
other Office &C., under the authority of this State
be entitled to a seat in either House of the Cen
eral Assembly.
The distinguished Senator from Orange says the
Spcakership is office.
Mr.. GRAHAM, l said place.
l stand corrected: place. and place of profit and
trust for he there is attached to it per diem
compensation, and that is true test of place of
profit and trust. Ny distinguished friend once ably
administered the executive power Of this Govern
ment; as such executive he became, ec-oDiciO, the
President of the Board of Education, and received
therefore per diem compensation of three dollars,
and he became also President of the Board Of Inter-
nal Improvement and received therefor per diem
compensation of three dollars, while he enjoyed the
salary of Governor He filled then, a. one and the
time, according to his own definition one office
and two places Of trust and profit, under this Gov
eminent, which is forbidden by the S5th section of
the Constitution, and by the 4th section of the End
article of the amendments. l never heard that the
distinguished Senator had any constitutional scru-
Piles to the receipt of this SALARY, and these COM
penSatons.
examining, the discharge of the duties of office,
by virture of another Office, which conferred, and
enjoined them.
Sir, there is a manifest distinction between hold
ing Office, and administering its duties. The
Legislature even has constitutional right to charge
officer with the duties of another office. Where
private act declared that the Clerk of the Supe-
ror Court of law of Baden should fill the office of
Clerk and Master in Equity for Baden, it held
by the Supreme Court to be Constitutional. The
case of the Governor is in point. He is
ctc'o, the President of the Board of Education of
the Board of Internal Improvements, of the Board
of Trustees of the University. He is uirtute Of
cii, and when the Office of Governor ceases these
incidents fall with it. Your Treasurer is Director
of the Bank of the Sate-he is so Uirtute otcii and
when he to be Treasurer he ceases to be Di-
rector.
When the Sheriff dies, or is under disability the
duties of his office exercised by the Coroner. He
takes oath, but he exercises the duties and is
clothed with the powers of the Sheriff His acting
Sheriff does not vacate his office of Coroner but
when the vacancy in the Office of Sheriff is filled he
loses the power to administer its duties but remains
Coroner.
1t is said that if the Speaker does not become the
Governor to all intents and purposes, in the Ian
guage of the resolutions that is to say if the office
does not devolve npon him he will be exercising the
duties of the Office without having taken the oaths
of office Precisely His duties, his powers, his
authorities as Speaker become enlarged by the hap
is broad enough to the duties attaching to that
state of things by reason of Constitutional pro-
vision.
My friend from Warren, in abiding to the fact
that the Vice Presidents who succeeded to the Presi
dency took anew oath, seemed to forget that in
the first instance which happened Mr.. Tyler express
ly declared that it was in his opinion unnecessary,
and that he took the oath from abundant caution to
quiet the scruples of others, who like my friends
from Warren and from Orange, might some day
complain of the omission.
Happily for me, sir, opposed l am by such
weight of legal authority happily for me, r.d the
views entertain to the true construction of the
Constitution, sustained and confirmed by the opin-
ion of jurist of emnence, distinguished alike for
his great learning, for his gigantic inte,lect-a
name, which but to mention, is in North Carolina,
authority.
Mr.. Speaker, feel that have become tedious and
fear weary rather than instruct entertain. Ny
object was to present concisely as could my
views upon this interesting question. It's decision
is for the Senate-to it is matter of moment.
seat in the Senate is very dear to me; to preside
over your deliberations is great honor; to be the
Governor of North Carolina is high distinction.
To WELD, but for one single revolving moon, the
ecutve power of this government; to be but for
single revolving the chief of people unrivall-
ed for their patriotism, their unspotted integrity,
their more than Roman firmness; to have but for
single revolving the custody and the charge
of the emblems and the ensigns of North Carolina,
these were indeed honors to which never could
have dreamed of aspiring, and of which I am alto
tnarr1