Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1870-01-21
From the Raleigh Sentinel
LECTSLATIVE TENURE OF-OEEFICEc
OPINION OF HON. 2. F. MooEE.

OPINION OF HON. p, f. MOORE
We publish 10y permission an opinion OF
3. T. Moore, Esq, given some time ago
to friend, upon the duration of tho Iegis-
| alive term of the present General AS
sembly:
In CONSUMING the constitution, we should
keep constantly in view our political con-
dition at the time of framing it's pro-
visions.
In the midst of confusion, consequent
upon the results of q protracted civil war,
the convention sat to form anew the great
fundamental provisions of the Legislative,
executive and judicial departments. The
convention assembled in the early. part of
the year and prominent purpose with
that body was to provide, SO soon as was
practicable, q settled form of Government
for the State. ., ...
The prospect was that this might, and
probably would be accomplished, as early
as the ensuing June, and before the regu-
lar and long established period for -electing
State officers. One Of these departments
the judiciary, had hitherto been in9epen-
dent Of the popular vote. 49,. =
The Convention determined to subject
the selection of the officers of all these
departments to the direct popular will, and
at the same time to secure, so far as could
conveniently be done, the earliest expires
sion Of that will. and to provide for its
continued expression thereafter, at stated
and regular periods of time. =.
Having fixed the tenure-of-o office in the
several departments, they proceeded to put
the government III regular operation at
the soonest convenient time. j.
The term of the executive officers, be-
ing fixed at four years, it was deemed
desirable that its regular beginning
should be on the first day of January
and SO it was fixed. But it was necea-
sary, in order to prevent vacancy, or an
independent election for a very short time,
that the interval, between the first election
and the first day of January, should be
filled and it was therefore provided, by
article three, concerning the Executive
Department., that the Governor and ell
its other officers, who might be elected at
the first election. should assume the du-
ties of their office ten days after the ap-
proval by the Congress of the United
States, and should hold their offices for
four years from and after the first day of
January, 1862"
In this way the fractional part of the
year was added to the regular term, and
O second and inconvenient election was
avoided and the first day of January, SO
long established as the commencement of
the official term of the Executive, was pre-
served.
In regard to the judicial term which for
the first time in our political history was
limited to years, it was provided that it
should endure for eight years and in the
outset should begin at the same time when
the Executive and Legislative term began,
to wit, upon the approval of the Constitu-
ton by the Congress of the United
States.'
The provision in sec. &c, art. 4, is ex-
plicit that the term of the Justices of the
Supreme Court shall be eight years. and
that the term of the Judges of the Supe-
rior Courts shall be for the like time, with
the proyisO, that six of these twelve Judges
should hold for four years only, and the
other six for the fun term of eight years.
The incumbents respectively, for the
long and short terms, were to be deter
mined by lot, under the superintendent
of the Justices OF the Supreme Count.
The provision in sec. 30, (which includes
among the other officers to be chosen M