The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1866-01-30
draw Oh the Public Treasurer to pay the ex-
Charter Election.

penses
Charter Election.
AS elections have probably been held in many
of the incorporated towns, not in conformity with
their charters, aEd many acts may have been
done since 2Sth December last, may be dene
by the late officers and agents of the Provisional
government before their successors shall be
qualified, | recommend that such elections be
declared valid, and such acts declared as lawful
as they would have been, if done before the dis
continuance of the Provisional government.
IFrits OF Election. r
Having been notified by the Sheriff of Samp-
son, that Thomas |. Faison, Senator of this Cen
eral Assembly from said county, and member
of the State Convention from said county, de-
parted this life since your adjournment, | have
issued writs Of election to said county, appoint
ing the 9th day of this month for the holding
of an election to fill such vacancies The 18th
section of chapter 52 Rev. Code, requires the
| Governor to issue writ Of election to fill a va
cancy occurring before the meeting of the Gen
eral Assembly. l have had doubt to my pow
er to issue. such writ to fill vacancy occurring
betaoeen the sessions of the same General Assem-
| bly, but | conceive the inteut of the statute was
that the Governor should exercise his power
when the General Assembly, not being in ses-
! sion, could not order the filling of the vacancy
! | construe 'before" to have reference to the
meeting Of the Assembly at its next session.
| | have also sent writ Of election to the
| Sheriff of Beaufort, to hold an election on the
3Oth instant, to fill the vacancy occasioned in
the 18th Senatorial district, by the resignation
of Edward j. Warren fled in my office on the
| 18th instant.
-4Horney General.
The many embarrassing questions oflaw grow
ing out of the transition from to peace: and
from Provisional to partial Civil Government
make it necessary that there should be a legal
officer whom the Chief Executive officer of the
State, should have right tc coosut on doubt
full questions Of law pertaining to their official
duties. 1t has long been the practice to call on
the Attorney General for such opinionss but We
! have no law requiring him to give such opn-
IONS compensating him for this service In
every other State of the Union, I believe, the
Attorney General is required to reside at the
! CAPITOL and to give written opinions upon such
| questions of administrative duty as may be sub.
mitted to him by the Chiei Executive Depart
ments 1t seems to me that this officer ought
! to have fixed salary, and to be required to at
tend to all suits and indictments pending in the
Supreme Court, and to such important suits in
which the State may be Interested pending in
other Courts Of the State as the Governor may
REQUIRE, and hat be should not be required to
rlue Il circuit dc liUStCU'iHt dttpIHty iSCCHi-
mend this matter TO ycur consideration.
It cannot be reasonably expected that he can
bestow the requisite attention, aud take the re-
sporsbility of writing out opinions, where it is
cot made his duty, norany compensation provi-
dcd Tor the service.
l apprehend that very 5ieat difficulty will
arise in applying to many Ucts passed since goth
of May, 1861, the provisions of the ordinance
ratified on the 18th Octoser last, declaring what
laws and ordinances are in force. This ordi-
nance declares that such of said laws are in force
as were compatible with tie allegiance of tie
citizens of the State to the government of the
Csited States aud not since repealed or modi-
fed, where the same are consistent with the
Constitution of the State and Of. the United
States" This ordinance has the important pro-
viso to which [ call your special attention -
provided, however, that nothing herein con-
tanned, shall be so construed as TO prevent the
General Assembly from repeating or modifying
any of said laws and ordinances hereby ratified,
which shall not form a part of the Constitution
Of the State"
| think very many of these laws, enacted in
reference to the deranged state Of the currency,
aud adapted to state of war, which are left In
force under this ordinance, ought to be repealed
[ recommend that all the laws, passed shortly
before and during the war, be carefully review
ed and such Of them such parts Of them re-
pealed, by distinct reference to them as shall
be deemed unsuited to our present condition, as
we'll as those deemed incompatible with our al
leeiance and in conflict with the Constitution of
the State and of the United States. Doubts,
to what is, and what is not in force, should be
removed as far as possible.
Militia.
! There are many acts passed during and i'm
mediately preceding the war relating to the
militia which, upon their face, may not be un
constitutional or incompatible with our aIleg-
ance, which ought now to be repealed or modlti-
ed.
! 1t is to be hoped that the period is not dis
tant when the L. States will perceive that we
! satisfied that we have had enough of war; and
that we are as ready as any people can be, to
perform all our duties to the Natioual Govern
meut. When this shall occur, it is to be hoped
! that civil government will be fully restored to
US. 1t is important now that our militia laws
! be revised and consolidated, and an Ineligible
and iudicious militia code adopted, urder which
the militia may be organized and put IN eonul-
tiou to perform its appropriate part IN the gov
ernment, 10th Federal and State
Banking.
The large amoun: of money which the Uni
versty and Board of Literature have in the two
principal Banks, and the investments held by
our citizeus in all of them, (includng very
many widows and orphans and the great want
of circulating medium, seem to demand OF me
some suggestions On these subjects L make
them with much ditfdence, having never been
interested in any banking institution, and not
having made the subject matter OF much con-
sideration The United States has adopted a