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

With the tenure OF eight years Tor q 1ulI
term and four years for half term, If the
expression, "next ensuing after the next
regular election for members of the Gen
Eeral Assembly" was intended to refer 20
the legislative period then fixed for cleo
ton of the members of the Assembly, to
wit the first Thursday of the ensuing Au-
gust. If this period be that which was in
the minds of the Convention, then sec
tons 26 and 80 become harmonious and
we shall not be obliged to make eight years
mean ten, or taCel1e years, nor go beyond
the clear meaning of section 80 for it was
rnanifestly intended by the concluding
clause of the section, that the time which
elapsed after the election and preceded the
, period of the commencement of the regu-
lar term, should be added to the first four
years, and should not be counted in the
allotment to be made by the Justices of
the Supreme Court. Any other construc-
ton Will give to the six Judges of the Su-
perior Courts, to whom are allotted that
term, an official tenure of sic years, and O
fraction of year, if the regular election
meant be in August, 1870 and tenure of
eight years and fraction, if the regular
election meant be in 1872. There is no
escape from this consequence. Moreover,
the official term cannot be equally
divided between the incumbents if it
embrace ten years; for, if it were so divi-
ded, the first class would go out In 1873,
year when there can be no election for
members of the General Assembly. 50
that the term, in order to be equally di-
vided and ensure elections Of Judges when
members of the General Assembly are cleo
ted, must begin with the legislative term
of August. 1868. This long established
day was IN the minds Of the trainers of the
Constitution in penning this section. This
construction, adopted by tho Supreme
Court, answered every end i'll view. It
disposed of the fractional time, by adding
it to the first official term, and enabled the
Justices to make the allotment of fOe0', as
the half of ei4M years. The expression,
next regular election" was not intended
to mean an actual election but the time
then prescribed by an existing law for q
regular election Of members of the Gen
eral Assembly. The time was described
by reference to a we'll known law regula-
ting elections. The last clause of this 1927
section, "But their terms shall begin upon
the approval of this Constitution by the
Congress of the United Statcs," was evil
IDENTIFY inserted only for the purpose of
preventing the inconvenience Of vacancy
not covered by regular term, and not to
unnecessarily elongate tho first term of
Office. Where was the need or propriety
of such extension ?-NOne can be suggest
ed, and none ought to be allowed, unless
there be no other allowable construction
trary construction of these words will also
extend the term of Office of the Justices of
the Supreme Court to tlUelre years.
Having disposed Of the official tenure of
the officers Of the executive and judicial
departments, let turn our attention to
the Legislative. All the provisions of the
onStitutiOn in reference to this branch,
are to be fOund in art. 2, (being those
which declare that the members of each
House shall be 'biennially chosen" by the
voters). and the sections 81 and 20, which
are iii the following words:
Sec. n. The terms of Office for Senators
and members of the House of Representa-
tiVes shall commence at the time of their
election; and the term of Office of those
elected at the first election held under this
constitution shall terminate at tho same
time as If they had been elected at tho first
ensuing regular election.
Sec. %. Tho election for members of the
! General Assembly shall be held for the re-
! pective districts and counties, at the
places where they are now held, or may
be directed hereafter to be held, in such
manner as may be prescribed by law. on
the first Thursday IN August, in the year
| 1870, and every two years thereafter.
But the General Assembly may change the
time of holding the elections. The first
election shall be held when the vote shall
be taken on the ratification Of this consti-
tuition by the voters of the State, and the
General Assembly then elected, shall meet
on the 10Th day after the approval thereof
| by the Congress Of the United States, If it !
fall not on Sunday, but if it shall so fall,
| then on the next day thereafter and the |
members then elected shall hold their seats
until their Successors arc elected at O regu-
lar election.
In Interpreting these provisions it is our
duty to harmonic them If possible, each
one with the others and to give practical
force to the sacred privilege secured to the
people in Sec. % of the Declaration of
Rights" which proclaims, that "for redress
Of grievances, and for amending and
strengthening the laws, elections should be
often held"
In accordance with this constitutional
guaranty of popular rights the constitu-
ton provides that elections of persons
entrusted to redress grievances and amend
and strengthen the laws shall be bienqialzy
had.
It is but reasonable to suppose that the
trainers of the constitution intended hou-
estly to carry out this great fundamental
principle of popular rights and it would
be a melancholy evidence of hypocrisy to |
discover that any stratagem had been !
designedly employed to prevent its execu-
ton and that while biennial terms in one
clause were plainly and emphaticaIIy an
nonnced IN direct words. as right of the
people, other words of dark and obscure |
meaning used in cOnvolved sentences of !
ambiguity, had elsewhere been employed
to cheat the promise SO unequivocally
given. I will not presume the existence
of such an intent, aud though the phra-
sociology is wanting in perspicuity, L
will proceed to defend their integrity of
purpose by fair and reasonable
Interpretation of their language. Here,
again, we must bear in mind that if the
convention were successful in restoring
the State to the Union, and they in
tended to fix q convenient commencement
of the legislative term. or to adopt (the first
Thursday OF August, (which had been
found acceptable to the people after so
long a trial, still there would in all proba-
bility be some period Of time less than two
years in which there would be no General