Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1862-12-19
REPORT OF JOINT SELECT COMMITTEE.

REPORT OF JOINT SELECT COMMITTEE.
The Joint committee of the Senate and House of
Commons who were instructed to inquire whether
the offices of Adutant General, Attorney General
and Solicitor of tie Fourth Judicial Circuit are now
vacant, have considered the several matters en-
bTaced in this inquiry, and
REPORT,
That they first gave their attention to the ques-
ton pertaining to the Office of Adiutant General
and find that General james &. Martin was elected
Atutant General of the State of North Carolina, by
joint vote of the two HOusrs of the Legislature in
pursuance Of statute then recently enacted, in the
month OF September, 1861; that he forthwith ac-
Cepted and entered upon the duties of said office
and hath ever since TO the present time exercised
the powers and performed the duties of the same
Upon notice to Gen. Martin, he appeared in person
before the committee and as 70 the matters raising
the question as to vacation of the office frankly
stated, that in the month of Nav last, he had ac-
cepted the Office of Brgadier General in the army
OF the Confederate States taken the proper oath of
Office, and proceeded to the State of Virginia, in
command suited to that office; and, that prior to
that time, he had accepted and now holds the Office
OF Captain in the regular army of the Confederate
States That he subsequently rendered his resig-
nation of the Office of Brigadier General aforesaid
which was accepted by the President; but npon
The nteTPOStiOn OF the General in Chief of the army
Will liIS ol UUf. SlaTh, Jil6 TeSlB-
nation and acceptance were annulled and he was
fenstated in the Office OF Brigadier General which
ne still holds, bat has never received any pay per-
tanning to said Office
lhe question is thus distinctly presented, wheth-
er the acceptance of the office of Brigadier General
IN the army of the Confederate States by General
narun, vacated the office Of Adjut+nt General of
North Carolina? Your committee of opinion
mat such acceptance did have that effect and that
OthPp al al 81 las,
vacated, and is sill vacant notwithstanding the sub
Sequent discharge of the duties by him as Adjutant
Ueneral de JdctO. They are by no means satisfied
mat the inhibition of the Constitution 4th section
Of the 4th article Of the amendments Of 1885, for
bidding offices to he held under this State and the
confederate States, by the same person. does not
apply 10 this Case. True, there is proviso that
nothing therein contained shall extend TO officers
% me muttta or Justices of the Peace Rut
tGGey more than question: whether the Adiutant
UeneFa always sa!aried officer at the head Of the
uIitary Bureau of the State is an "oficer in the
M 1tl'a IN the lntendnent Of this clause of the
institution; or that other clause, of which it is
S"t an enlargement, which forhids "any person to
ou more than one lucrative office al any one time
"Teu eve IN thlS light he would appear to be no more
ohceF IN the militia in the sense of the officers
es'nentS, 6r'gades and divisions who serve with
W pay than is the Governor an officer in the mill:
=; "a, 1Hough he is Captain-Gencral and Commander
Inter: Like the Governor, the Adiutant General
an oncer, with certain power over the militia, but
NJ II'tot De said to be in it. lie is mere officer
y, bureau, with no command in the field, except
.nS "ue" tne Governor may take the field in person.
ar'u !hen is only the chicf'uf his staff But ire
peeVe ol this provision uf the Constitution, which
nay ne the subject Of different interpretations it is
sta wei settled principle Of the common law, tha
ca;s pcrSon holding Office, accepts a SECOND
-'s ;s lcCnPAt5is with the first, such acceptance
surFehder or resignation of the FIRST office Th
FTon Fnn is established by long current of decisions
tS GTsh ;ms ana American Some of the cases put TO
>as'i ceases to bc coroner 50 a parsun me,ie