Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1862-02-08

From the Standard of December 90, s1S5fl
THE SPEAKER AND ACTING GOVERNOR.
The following highly interesting communication,
addressed to the Editors of this paper appears to lie
conclusive in the view taken Of the Speaker of the
Senate exercising the powers of Governor The
statements made from the history of the State may
be implicitly relied upon. We repeat they settle
the question.
To the Editors of the Standard. -, -
GENTLEMEN; The following history and its con.
necton with the Speaker of the Senate exercising the
powers ofGoVernor, may not be uninteressing at this
time. 1t may have a tendency to reconcile those
who seem to be afraid, lest the present Legislature
are setting dangerous precedent in theactioh they
lately had on the retirement of Gov. Reid, and Mr.
Speaker Winslow assuming the duties of Governor
until Gov. Bragg shall qualify. e- e..
AS a matter of history it may do some good to
make it pdbic--for that purpose it is at your ser
vice. '".-rS ID
In 1871, September 18th, Gov. Burke was captu-
ed and taken prisoner to South Carolina subsequent
~ he escaped and arrived in Salem on the Both of
January, 1882, with the hope Of there meeting the
GENERAL Assembly of the State. During his captiyi-
ty, Alexander Martin, then Speaker of the Senate,
exercised the powers of Governor. Owing to the
peculiar situation of the country the Legislature did
not assemble. On the 18th of April Gov. Burke
wrote to Gen. Green informing him of the peculiarly
unpleasant situation in which he was placed. He
said to him that he had fully determined to leave
the administration of the government in the hands
of the Speaker of the Senae-and retire to some dis
tant country-indeed, if he could pass the enemy's
line he did not know but that he would surrender
himself again prisoner.
On communicating his intention to Mr.. Speaker
Martin the Speaker replied, that he only admins
tered the government by virtue of his office
Speaker, and that his term would soon expire and
II Gov Burke resigned there would be no executive
left -.'
In this state of affairs Gov Burke, continued to
administer the government from the 18th of April,
1.-THE time he wrote to Gen. Green,) until the LegiS-
lature assembled and Martin was elected Governor
Again in 1879, the latter part of the month of
September, Gov. Dave accepted the appointment of
Minister to France. Mr.. Benjamin Smith, the then
Speaker of the Senate, exercised the powers of the
Governor until the next election. He signed public
documents as Speaker of the Senate &c At The
meeting of the General Assembly Mr.. Benjamin
Williams was elected Governor. Mr. Smith was not
a member of the Legislature when the election of
Mr.. Williams took place-being the acting Governor
by virtue of his office of Speaker of the preceding
session.
case still more in point occurred in 1906 The
General Assembly met on the 18th November. Al
exander Martin was elected Speaker of the Senate.
On the 23d of November Gov. Turner, the incum-
bent of the Gubernatoral chair elected Senator
in Congress. On the 25th Nathaniel Alexander, of
Mecklenburg county, was elected Governor; not be-
ing present, messenger was dispatched to inform
him thereof 1t seems that Mr.. Alexader reached
Raleigh about the 18th of December following-for
on the 18th the Speaker of the Senate laid before
the House the following letter.
To the Hon. alexander Martin,
Speaker Of the Senate:
DEAR SIR: Feeling myself unable to do the Exec
utive duties of my office, and the Constitution hav
ing in this provided that those duties shall de-
Volve upon you, it is therefore my request that you
perform them.
NATHANIEL ALEXANDER.
December Is, 1906.
In looking over the Journals Of the Senate of that
time, We find the following:
18Th Dec, Thursday afternoon. The House met
according to adjournment; the Hon. Alexander
Martin being engaged in the discharge Of duties in
cident to the Executive department, the Hon. Jos.
Riddick was appointed Speaker pro tenn
Friday, Dec. 20. The House met-Mr. Speaker
Martin in the chair.
Saturday, Dec. q. The House met-Mr. Speak
er Martin adjourning the House sine die, &c.
Mr.. Martin continuing to exercise the powers OF
Governor until the recovery of Dir. Alexander.
The Hon. David 5. Reid, who was then Governor,
was elected to the Senate of the United States on
the 18th November, 1854 and, OH the 9th of De-
cember, 1854, he resigned. The Hon. Warren
acted as Governor and also as Speaker until the 1st
day of January, 1866, when the Hon. Thomas Bragg
who had been elected by the people, was qualified
as Governor when Mr.. WiHslow ceased to act as
Governor, but continued TO be Speaker Resolu-
tons offered in the Senate declaring THAT the pow
ers of the said office of Governor having, according
to the constitutional provision in such devolved
on the Hon. Warren Winsow, the Speaker of the
Senate for the time being, to be exercised by him,
the said Warren Winslow is to all intents and pur-
poses, Governor of the State and will SO continue
until the qualification of the Governor chosen by
the people for the constitutional term commencing
on the first day of January next" and also declar-
ing 81 that the office of Speaker of the Senate is
thereby vacated, "-were after animated and able
debate rejected by that body. This decision of the
Senate was in accordance with all the precedents on
this subject as given in the foregoing communica-
ton. -.
In May 1852 it being necessary that the Districts
for Electors for President and Vice President should
be laid off according to the census of 1885, and the
day of the election coming before the period ap
pointed for the regular meeting of the Legislature,
Gov. Reid, by and with the advice and consent
of the Council of State, convened the Legislature to
meet on the first Monday of October of that year. to
attend to this business. The Governor, in his CON-
nunication to the Council, advised that the Legs-
Iature should not be convened until after the August
election and the question then arose whether the
term of service of the members chosen in $780, ter
minated at the August election referred to- or in
November, when those chosen in August, 1852,
should be qualified. Gov. Reid held the opinion,
and the Council unanimously concurred with him,
that the term of the members of the Legislature
commences at the regular biennial election in Au-
gust, and the Legislature elected in August 1852,
was therefore convened In closing his communica-
ton to the Council Gov Reid said: -
''ThiS communication, you will observe, is pred
icated upon the fact that the term of the members