Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1873-01-24

Anew imbroglio has developed IL
self i'll Raleigh, and bids fair to be a
matter for litigation. As will be seen
from the following correspondence, the
present incumbent of the office Of Sr-
perintendent of Public instruction.
Professor McIver, refuses to vacate
the aforesaid Office to make room :ol.
the Governors recent appointee. Il. z.
Battle, Esq
RALEIGH, Jan. j., 1873.
Hon. dler. -NcIuc,', Rufeigh
DEAR SIR Having received from
His Excellency, Governor Caldwell.
a commission appointing me Superin-
dent of Public Instruction OF the
State OF North Carolina, and taken the
oath required by law, [ respectfully
notify YOU that I will he ready to take
charge of the office on tomorrow.
Having derived great pleasure, as
we'll rs profit, from the perusal OF your
exceedingly able report to the present
General Assembly, L. hope, and from
your friendly relations, believe, that
you will aid me with yorr valuable
colmsels.
Truly yours,
KEMP Z. BATTLE
Superintendent of Public mstructiol..
OFFICE SUPT PUB. INsTRU cTIoN,
Raleigh, \. c., Jan. IS, 1873
Hon. Kemp p. B0ttte
nEAR SIR Il have the honor to :c-
knowledge the receipt OF yollr letter OF
the 18th inst, giving notice of vortr ap
pointinent by His Excelency, Cover
nor Caldwell.
Assured, rs [ am, from an acQuain-
tance with you of more than twenty
Years. OF your eminent fitness for the
duties of the Office Of Superintendent
: of Public Instruction, | would cheer
fully surrender the office to you if !
believed that my term of Office had ex-
pired, or that the commission under
which you claim is legal
BY the first section Of Article ; of
the State Constitution the term of office
of all officers of the Executive Depart
ments shall commence on the first day
of January next, after their election.
/ and continue until their Successors are.
, elected and qualified. BY section l.,
OF the same Article IF the Office OF
any OF said officers shall be vacated by
death. resignation, or otherwise, il
shall be the duty of the Governor to-
! appoint another until the disability be
removed, or his successor be elected
and qualified. .r- .-
An officer is one who is invested with
an office. Mr.. Reid had not been in
vested with the Office, and therefore
he was not an officer. The office OF
Superintendent OF Public Instruction
never became the office of Mr.. Reed,
and therefore it was not vacated bv hi,
death or otherwise. The Constitution
continues the term of the present in
cumbent, and no vacancy has occurred.
1t is reasonable that the Constitution
should designate the person, if it has
a suitable person ON hand, to continue
III Office, in case the person, elected
dies or refuses to qualify aud the
Constitution of North Carolina does
this very thing. It continues the term
of the incumbent until his successor Is
elected and 4Haiifed. No vacancy
occurred, and His Excellency had no
authority to grant the commission to
! which you refer; and for that reason,
the commission is null and void - as
1, therefore, most respectfully de-
cline to surrender to you the office of
Superintendent of Public Instruction.
/ Sincerely yours,
ALEXANDER McTvER.1--@s
Superintendent of Public instruction. &