The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1866-01-30
MESSAGE OF GOV. WORTH.


! 10 tHe HonOFd6te the General assembly,
/ Of North Carolina:
/ GENTLEMEN-Beng notified by dispatch
from the President of the United States, of the
discontinuapce OF the Provisional Government,
! Coy. Holden turned over to me on the 2Sh of
December last, the Great Seal of the State and
other State effects in the Capitol, and | entered
! upon the discharge of my duties as Civil Gov
ernor.
| 1 entertained the opinion, in which was sus-
tanned by legal gentlemen whom l consulted,
that under proper construction of the 9th sec
ton Of the Ordinance Of the Convention ratified
Oh the 18th day of October last, that the powers
of Justices of the Peace and all other officers
appointed by the Provisional Governor, were de-
termined by the discontinuance of the Provis-
ional Government This section of the ordi-
nance is in the following words:
CAN the acts and deeds of the Provisional
Governor of the State appointed by the Presi
dent Of the United States, and likewise all the
acts of any officer or agent by him appointed Or
under his authority, done, or which may be
done in pursuance of the authority conferred on
such ottlcer or agent are hereby ratified and de-
cared to be valid to all intents and purposes
Provided nevertheless that SO far as it may be
competent for this Convention to declare the
same all appointments made, aud all offices and
places created by, or under the authority of the
Provisional Governor, shall cease at the close of
the first session Of the next General Assembly,
or at such-o OF fc5,ne as that Assembly shall dl
rect successors M such appointments or offices
to be chosen Or to be qualified, subject, howev-
er to the provisions Of the Revised Code chapter
seventy seven, section three : Provided, howev-
er, that in all cases Of appointments made by
him Of directors In any corporation, they shall
Continue until the regular election otis officers"
Believing it absolutely necessary, that the
General Assembly should be convened at ap
earlier day than that to which it had adjourned
[ summoned the Executive Council to meet
here ca the third day of this month, when Il
quorum attended, and with their advice, is
sued NY proclamation in conformity with which
You are now assembled.
II may be that proper construction of the
ordinance referred to, continued in office the
shelis and clerks of the courts until the qualifi-
cation Of their successors; but it is clear that
the powers of the Provisional Justices of the
Peace, and Of municpa officers of corporate
towns ceased with the Provisional Government.
Justices of tie Pace.
| hear that in some counties there are justices
Of the peace who were commissioned and quail
fed before the Goth Of May 1861, and who have
not resigned, g taken the oath to support the
Constitution of the Confederate States aud [
presume it will be held that the Offices IF such
Justices were not vacated by the ordinance rat
fed 18th October last entitled "An ordinance
declaring vacant ali the offices Of the Stale in
existence on the 10th day OF. April 1869"
The appointment of Justices of the peace de-
mands your earliest attention. 1t is u very i'm
portant Office, and great care should be taken
that it be conferred only on intelligent and viz
tuous men. Our Constitution has entrusted this
duty to the General Assembly, under the idea
that the mcIits OF the appointee would be duly
weighed. y practice, however, has long pre-
Vailed by which the selection of the justices Of
each county is in effect made by the representa-
tives Of such county The nominations made
by them, are usually confirmed without inquiry
as to the fitness Of the appuintces, or the num-
Der needed in said county Hence many have
been appointed to effect local or party objects,
whereby many ignorant and bad men have been
made justices OF the peace, and the tenor OF the
office being during good behaviour, the mischief
of bad appointment is not easily remedled -
In most of the counties there were greatly too
many of them. From these causes, the Office
has lost much of the dignity which ought to be-
long to it. An opportunity is now offered to
profit by the errors Of the past.
The evil, both as to the number and qlaity
of these officers, universally felt that the
Convention has under consideration, and will
probably adopt, at its next session, an amend
menr limiting the numbers to be appointed Ill
each county; possibly altering the mode of ap-
pointmen: | therefore respectfully recommend
that only very small number be appointed al
the present session. These should be properly
distributed over the country.
If it be deemed doubtful whether the provis-
onul Sheriffs aud Clerks of the Courts setain
their authority until the qualification of THEN
successors | recommend that they be continued
them to qualfy the justices of the peace to be
appointed by you, as we'll as all other duties
pertaining to their offices.
In some of the counties it will be necessary,
that special terms Of ;he County Court be held,
to qualify the newly elected Clerks and Sheritfs,
to provide Jurors for the next courts, and to
transact any other county business which they
may think requires immediate action.
| further recommend, that so soon as you
shall have appointed justices of the peace and
passed such acts as you may deem necessary to
remedy the irregularities to which [ have refer
red, that the Governor be forthwith required to
issue commissions to the Justices appointed, and
an order TO the she-itfs of each county, COM
handing him to notify each Of said Justices of
his appointment, and requesting them to assem-
BILE at their respective Court Houses at an early
dav TO be designated by the Sheriff, in order to
be qualified on which day, they may if they
choose, hold the special :erm OF the. County
Court A copy of such act or acts, as you may
designate should be printed and sent to each of
said justices by the Sheriff at the time of noti-
fying them of their appointment, and the Gov
crnor should be empoS cred to employ such agen-