Year: 1862

bishop; judge of the common pleas made a judge
of the kings bench, &c. And no proceeding or
Judgment of any tribunal is required to declare the
vacancy or surrender of the first office But by the
acceptance of the latter the first office is pso actO
surrendered.


Your committee entertain no doubt that the office
of Brig General of the army of the Confederate
States, is incompatible with that of Adjutant Gen
eral of North Carolina The latter is local Office,
to be exercised within the limits of the State, in
obedience to State laws and under the orders of the
Governor. By the former, Gen. Martin was placed
under the control and direction of the President and
was liable at any time to be ordered to any place
within or without the State and assigned to duty
under the command of any army officer of superior
rank, at the discretion os the War Department or
Generalin- Chief In other words he ceased to be
the servant of the State and became that of the
Confederacy And when his State Office was once
surrendered by the acceptance of that of the Con-
federacy it could not be resumed by resignation
of the latter, if that resignation had not been
withdrawn. Nor could subsequent performance of
the duties of the office Of Adutant General by Gen.
Martin, though valid, as the acts of an officer de
tacto give him any title to the Office. Nothing but
new appointment by the proper appointing power
could confer any right TO the place Your commit
tee are therefore Of opinion that the said Office of
Adiutant General is vacant.


Touching the office of Attorney General, your
committee understand its situation to be this Will
liam \. Jenkins, ESQ.,, was duly elected Attorney
General by the General Assembly at its first session
in 1860 and assumed the office, and exercised its
functions by virtue Of said election; that in April
or May last, Mr.. Jenkins was elected and commits
stoned by the Governor as Lieut.. Colonel of the
46th Reg't of North Carolina Troops, to serve the
Confederate States during the with the United
States that he accepted the SAID office and has
generally been engaged in the performance Of its
duties since that time. Your committee believe
that this office Of Lieutenant Colonel in the service
Of the Confederate States to serve during the war,
is incompatible with that of Attorney General of
North Carolina, and that its acceptance sur
render of the said office of Attorney General.


In regard to the office of Solicitor of the Fourth
Judicial Circuit, your Committee are informed that
Thomas Settle, Esq, was duly elected to the same,
by the General Assembly at its regular session in
l, 60, and assumed the Office accordingly. That in
May or June 1851 Mr.. Settle was elected, and CON-
miSsioned by the Governor as Captain in Regi-
ment of North Carolina Volunteers raised under the
act of the General Assembly, ratified the 10th of
May 1861, entitled An act to provide for the
public defence" These troops by the terms OF this
act of Assembly, were to serve for twelve months
after being mustered into service, unless sooner ds-
charged. and under the orders OF the Governor
By an ordinance of the State Convention, passed IN
tie latter end of June, 1861, this Regiment with
other troops Of the like description, were transfer
red to the service of the Confederate States, for the
residue of their term ofServico Mr. Settle continu-
ed in this service in the performance of his duties
as Captain, until the expiration OF the said term,
when, the said Regiment being re-organized under
the Conscription Law OF Congress, he declined
re re.election returned to his home, and resumed the
duties of the office of Solicitor, which be has since
performed. \ majority of your Committee have
come to the conclusion that this office of Captain
was incompatible with that of Solicitor and that its
acceptance by Mr. Settle, vacated his Office of So
licitor.


To give effect to the conclusions arrived at by the
Committee they present for the consideration of the
Legislature, the accompanying resolutions.


w. \. GRAHAM, Chairman.