Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1874-02-13
Q0liiLullllgtoll gollrnal
n. G.
FRIDAY. FEBRUARY Is. 1874.
,-.uE ELECTION OF THE STATE
EFTOECIAI2Y.

FRIDAY, fEbh y Al 10, 10. =.
..UE ELECTION OF THE STATE
JUDICIARY.
\ bill has passed the Senate, and IS
now pending in the House. providing
for an election to fill vacancies IN the
Judicial Department. Justices Settle
and Bynum, of the Supreme Court, and
Judges Cloud, Moore, Alberts IN, and
probably others of the Superior Court,
have been appointed by the Governor
IT various times to fill vacancies caused
by designations and deaths. 1t is now
proposed by the pending bill to I'LL
these vacancies by an election by the
,copIe. the friends Of the bill are
opposed with the objection that the
next election is not the proper one at
which to fill these vacancies, but that
I've anpointees hold their Offices for the
unexpired terms. That such is no.
the proper construction of the Constl-
tnsion is to us very plain, and believ-
lrg that It is the duty of the LegIsla-
lure to provide for an election to NIL
these vacancies, we desire to present
Or views for their consideration.
1t is necessary for proper consid-
Grafton Of this question to examine
first into the spirit Of the Constitution
tsalf. Article I, Section 2, reads:
That all political power IS vested in,
and derived from the people; all gov
,+no frnr
people. lis founded uponltheir Will only,
and is instituted solely for the good OF
The whole
Section ~ Of the same article reads:
For redress Of grievances. and Tor
amending and strengthening the laws,
elections should be ofte'a held."
These are the leading features OF the
Constitution and in Obedience to these
acknowledgement Of their supreme
power all officers are elected by the
people, end resort must be had
to the peonIe, The source Of all power,
f.,r the election OF officers as often is
possible. Throughout the entire i'll
s,trunent, as we shall show, this alb
lutte bower OF the people, IS contlnu-
:liv acknowledged and to them Is con
stantl7 referred al authority to chose
thcir OWN officers.
As the Constitution provides that all
vacancies III the Judicial Department
shall be filled ga the next regular
election" as we shall see when We
come to discuss that point, we sha
inst consider tie time at which the
Constitution fixes the first regular
election"
Article II, section y, reads
The terms of office for Senators
ana members OF the House Of Repre-
.spatatives shall commence at the tiule
<.f their election and the term %
Office Of those elected at the first cleo
ton held under this Constitution shal
Terminate at the same time, as II they
had been elected. at the first ensuing
regular election.
And the 2qth lection OF this artiel'
reads:
'.Thc election for -nembers Of til
General Assembly slai; be held
on tlla first IhursdaT in August
II the wear one thousand light hun
tired and seventy. and crCly -" ycG!-
MtJtIfi;Y.
These sections are important il no
OILY showing III what years reguIs,
elections are TO be held, but becaus
elections for all Offices are ordered t.
he held cat the time and in the man
:: her prescribed by law for the eIec
s.tion Of members of the General As
:; sembly."
Article Third, section one declare
9hat State officers shall be elected b
tic people for four years.
Section twelve OF this Article pre-
vilcS in case Of the death of the GOV
trnor, o. his inability from any caus
10 discharge the duties of his office
that the Iieutenant-G Governor sha,
discharge the duties of the Office unit
Size disabilities shall cease, or q me-
Governor is elected and qualified
This il in keeping with the Constitu
tion. Tie }JcOpir elect the Licutcn0aI
4iorCsJi0,, and therefore he is empou
..reI to discharge the duties of his me-
position for tic W1cTIired term. Their
Il. no cuftailnent OF the power of ia
people, as his commission comes Il
lectIy from them
Bow different it IS with the otEe
officers Of the Executive Department
The very next.section, thirteen, Of TIN
Article provides ..If the office of an
q of said Offices Secretary of State
- Auditor, &c.) shall be vacated b
- death, resignation. or otherwise,
- shall he the duty of the Governor
- appoint another until the disabilit
- be removed OF his successor b
. elected and qualified. E'rc,y s,tc
" ydcancV shGN DC fNcd d.y election
"at Mefrst GcncrW e!ccton that Occur
g more tho! Hirty days after the "a
g c0ncy has taken place, and tie PEI
Sc son chosen shall hold the oHfce fo
"' TIE remainder IF Ne unacrpi-e.
- term"
tions presents in the very stronges
light the spirit in which the Constitu
ton WAS conceived. The successor t,
the Governor, the Chief Executive Off
Ger Of the State, holds his Office for tn
1c'5ltgiadCs' Of tie "neapircd term, b,,
when a vacancy occurs III any of tn
other State Offices, although of less i'm
1ortance, the appointee holds his oflic,
only until the first general election
thereafter, because he is ala appointe,
Of the Governor, and does not receive
+iis commission from the people at ths
t:Aiint-hOx. These officers are made
siv the Consultation. the Governors
Council or Cabinet, sud still he is moi
allowed to FL vacancies III lis own pc.
iitical family, Ionger.han the next gen
"Tai election. How very much more is
the supreme power of the people &C.
l-Hc wledged than in the Constitution OF