Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1870-01-21

ing, but it accords with the cons,;,,,..
plan marked out for the executive a,sS
dicial terms, and carries out, ag nearI Ju-
practicable, the security of the h;nIas
term. This Interpretation becomes ,,,alL.i
fest when we read section 20. soor A AM
tohoWlng. wherein 1t is most uneduivocsis,,
and emphatically commanded tbnt oany
election of members for the Gora naI The
sembly shall be held for their raona.. as
districts and counties on the first trTSoliVe
day in August in the year 1870. and LIT nurs-
two years thereafter. Now if the iH nta.y
probation put upon section u. when sta .e
ing alone, be the subject of doubt hn 'a Hnl
son of ambiguous words, thera ~, ~
none from this source in section 90 "H oo
This section is clear and explicit owl
replete with details, all of which are o ilni
GUS in meaning, are harmonious. and -
full accord with the requirement. of b;o "A
NAL sessions. Let us examine it in all II,
parts. 1t declares as follows: -''
l. 'The first election shall be held vh,
the vote shall be taken on the ratifcot;ona
of the constitution"
2. ''The General Assembly then eIectaa
shall meet on the fifteenth day after tho
approval thereof by the Congress of tbo
United States" WIZ
8 "The members then elected shall bo1a
their seats until their successors are elect
ed at regular election"
4. ''The election for members of t,o
General Assembly shall be held for the ro
spective districts, and counties, on the lot
THURSDAY IN August, in the year 1870, and
every two years thereafter.
This enumeration of details distin.,,,,
announces the time 0f electing the members
OF the first General Assembly, which shall
be elected under the constitution, TLn
time Of its naeeting-Me duration Of Gat,.
term 10 a named day; and that on hat .lo,,
another General ASSEMBLY shall come into
being. There is nothing left out of th;s
section to be supplied by any other lint
provision declaring when the terms Of
Office, of the members thus elected on tha
first Thursday of August 1870, shall co,ao
naence. This is declared by the first olauso
of section q, to be sat tie time Of Neir
election" 1t is obvious, therefore. that if
the provision at the close of section o.
prescribing the legislative term of Office
were directly and irreconcilably in con-
t1ict with that in section 90 land there il
escape from this dilemma, If it be CON
strued to extend the term to 1927 We
Hust reject, IN toto and qcitlOaM qualiTcn.
tiOu, the one or the other. Then w;lI
arise the important question, which of
them shall be accepted as the section that
contains the true meaning Is il section
27, which extends the first term to August
1872, ignores the spirit of section 2S. of
the "Declaration of Rights" d1egards
and overrules the provisions for biennial
sessions, prolongs the term TO more than
four years, and stiles the voice of the peo
pie during all that time without any ap~
parent cause, elongates the judicial term
to twelve years, and utterly deranges the
allotment of the tenure of the Superior
Court Judges? or is it section 30, which
respects the Declaration of Rights" &C.
knowledges and enforces biennial cleo
tons, restricts the legislative term to two
years, preserves the judicial term of eight
years, and allows sensible and practical
allotment OF the tenure of Office assigned
to the Judges of the Superior Courts.
If the acknowledged rules of construc-
ton, or the spirit of the constitution, be
allowed to speak, every doubt vanishes at
the voice of either, and section 20 will be
accepted as the true exposition.
1 am respectfully yours,
Il. Il. MOORE.