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

Mr. Clark having addressed the Senate in opposition
threto,
Mr.. WILDER observed that as the question before
the Senate involved consequences important TO the
constituents of the Senator from Cumberland, nc
trusted il would be the pleasure of the Senate tha
the Speaker should be heard, and that the Privege
of concluding the debate would be accorded to nun
Mr.. GRAHAM. Certainly, certainly. 1t is his rlgnt
And the Senate having sgni6ed its Willingness
thereto, and having been addressed by Mr. Grahan
and Mr.. Eaton in support of the resolutions
Mr. WNsLow said: Mr. Speaker, if this were a mat
ter affecting me only if the decision of this question
involved consequences strictly personal, oehcacy,
perhaps overstrained, as we'll as Inclination, woulo
have kept me silent. -
sbould in that case have been content to follow,
as shall now cheerfuly subm* to the decision OF q
Senate whose character for dignity, PATRIOTISM anu
intelligence will compare favorabiy with tnat OF any
parliamentary body that has assembled IN North
Carolina.
But am not here to advocate mere personal IN
terests l am here for a higher and ioftler Pur-
pose. am the voice of twenty three thousand peo-
pie of the ancient County of Cumberland. am
here to maintain defend and insist upon their con-
stitutona rights, which these resolutions seek TO
invade. am here to uphold the Constitution OF my
country l understand it.
Deferential as am to those great and luminous
minds both within and without this chamber, who
differ from me upon this subject, should DC recre-
ant to my duty and false to my trust were 10 sur
render opinions not hastily formed nor crudely OIL
gested to the weight of authority however great.
And if, Mr.. Speaker, in the course OF my remarks
shall fail to convince Senators of the truth OF the
propositions shall advance, attribute 1t rather TO
the eebeness of the advocate, than to the want OF
truth in the propositions themselves.
We are about to proceed to solemn duty the
construction of the Constitution, the sacred charter
of our liberties; that framework OF governmental
policy that sped from the hands OF our ancestors,
amid the throes and commissions of the revolution.
It has stood, it now stands, and will continue 10
stand, monument of the wisdom OF our ancestors
m abiding memorial of their firmness and presence
- - oToH of
its broad and sheltering favor have found safety,
acquired character and enjoyed happiness. GUIDED
by mmutable truth and answering patrlousH' let
come to its construction as patriots ana North
Carolinians, and not partizans Permit me TO say
it is question rising far above party. Pardon the
appeal, it was uncaed for in such an assembly
think it is perhaps not to be regretted that we
have fallen now upon this question 1t seems a
vexed one and there never has been more prop-
tious time for its discussion. We are IN state
of profound peace; there is in this body no political
asperity the present influences of party are not
such as to bias the mind, warp the Judgment.
Whatever be your decision, the practical lnconVe--
nience must be slight and of short duration .
1t is propitious time to heal domestic difficulties
and settle perpexing questions OF constitutional con-
structon. POrtentouS clouds are lowering over our
country ana ominous tbunders threatening the
arrival of an approaching storm.
Justly have those men of '76,-the members OF
the continental Congress which met at Halifax.
justly have they merted the tribute OF respect whicn
has been paid to them by my friend from " arren
(Mr. Eaton.) They met to frame government dur
ing times of difficulty and danger, pressed by con-
vusion from within, and by invasion from without
Every breeze that waited from the Northern re-
gions of the confedcracy came freighted with the
signs of suffering people. Men of iron will ana
sngleness of purpose, they went to their WORK WIN
calmness and resolution. All, Sir, If those men had
lived in the pamy days of Athens, and of Sparta,
they would have been celebrated for all time, IN
verse and sculpture.
Framed then as our Constitution was by these
c,los or,1 roofIoa m
struction is to be sought for by the application OF
plain practical sense rather than by the reasoning
of the schoomen accustomed to judge by the rules OF
an inflexible and unbending logic
The 10Th section of the Constitution prescrlbes
that in the event of the death, absence from the
State inability of the Governor, the Speaker OF
the Senate for the time being, shall exercise the oo
eTs of the GoUernor after such death, during such
absence inability. 1t is agreed all hands that
the acceptance of office by the Governor incompatl-
BILE with the performance of the executive duties
creates such inability, in the contemplation of
the Constitution devolves the office or charges its
duties upon the Speaker of the Senate.
In the view take of it, the Speaker of the SEN
ate for the time b0ing exercises the powers of the
Governor UirtHe o6cii. When he ceases to be Spea-
ker he ceases to exercise those powers; except IN
the event Of dissolution of the Legislature by the
lapse of time when he continues the executive func-
tons by force of the Constitution until new cleo
ton by the people.
Understand the Senators from Orange and from
Warren to deny this proposition in toto, and they
hold and so insist that the Speaker of the Senate
is but designGtio PERSONA that there is complete
devolution of the office, and that the Speaker be-
comes Governor to all intents and purposes and that
both the Speakership and his seat in the Senate be-
come ioso facto vacated.
If these opinions be correct they must rest for
their basis upon one of two several propositions.
First, upon the plain, literal meaning of the words
of the Constitution, secondly by force of the OBJ
lection urged, testing the true construction of
those words that the opposite notion would lead
either to violation of the fundamental law, that
the executive, judicial and legislative departments
of government ought to be forever separate and dis
tinct to that other injunction that pSrson shall
hold two offices places of profit and trust, to
both maxims together.
To my mind the very words of the Constitution
oppose this construction. There are no words OF
devouton. A devolution of the Office cannot be i'm
piled from any term of language used. Had the
Constitution said the Speaker shall exercise the
powers of the office, there might have been some
thing upon which to hang doubt; but the language
is guarded-be shall exercise the po,oers Of Gooern0r
And the person to exercise them is the Speaker Of
the Senate for the time being.
So far, Mr. Speaker, we have found no precedent
to guide An analogy may perhaps be found in
the Constitution of the United States The 9Th Sec
ton of the End article of that instrument declares
that in case of the removal of the President from
Office the shall deooIUe on the Vice Pres-
dent, and in case of the removal of the President
and Vice President. the Congress may, by law, de-
clare what officer shall then act as President and
such officer shall act accordingly, until President
he elected.
The difference in phraseology strikes the mind at