thereon shall ratify and approve such amendment or amendments, the same shall become part of the constitution."

I am of the opinion that the proper construction of the latter part of the section is, that any person in the State possessing such qualifications as, under section 1 of article 7, renders him an elector at a general election, has the right to express by his vote to be given at such election his consent to or dissent from the amendment or amendments which may be so proposed and submitted; and that any amendment not so proposed and submitted is without validity. The present constitution was, as provided in the schedule submitted for adoption or rejection to the then qualified electors of the State, and it is evident that the convention intended to subject all future amendments of it to the like test, and not to permit them unless by the electoral will of the people.

The resolution further requests me to define especially what is meant by a general election.

My opinion is, that it means the election which, under the Constitution, takes place biennially on the first Tuesday next after the first Monday in November, and at which the Governor, Lieutenant Governor, the members of the two Houses of the Legislature and the State Officers are elected. By the revised statutes of 1838, (p. 7,) it was provided that there should be held an election in this State on the first Monday of November in each year and on the succeeding day, which the statute denominates "the general election," and this designation is even of an anterior date.

The revised statutes of 1846, p. 40, provides that "an election shall be holden in the several townships and wards in this State on the first Tuesday of November in each year which shall be called the general election" At this election the same functionaries were to be chosen, except the State Officers, as under the previous code. Indeed, this election received an earlier and more solemn designation as the general election, for we find that name given to it, in the amendment of the first constitution, adopted and ratified by the popular vote at the November election in 1843. (R. S. of 1846, p. 30.)

The convention framed the present Constitution with reference to the then existing statutes. They were aware of the meaning of the terms they employed. It is true, they make a change in the time holding the November election, by fixing it upon the Tuesday next succeeding the first Monday of November of every second year, but this change

character of the election, for Senators and Representatives

of time was not intended to affect the they first provide (art. 4, sec. 34,) that shall be elected on that day, next that the Governor and Lieutenant Governor shall be elected on the same day, (art. 5, sec. 3,) and then, as if for the purpose of giving a name to the election, provide "that there shall be elected at each general biennial election, a Secretary of State, a Superintendent of Public Instruction, a State Treasurer, a Commissioner of the Land Office, an Auditor General, and an Attorney General for the term of two years."

The schedule (section 16) in submitting the constitution to the people at the November election of 1850, expressly designates that the General Election, as provided by the revised statutes.

The Legislature of 1851, in adapting the election law to the constitution, speak of the November election as a "General Election," at which all the above named officers and others are to be elected.

The constitution (Art. 15, Sec. 2,) declares that no banking law or law for banking purposes, or amendments thereof, shall have effect until the same shall, after its passage, be submitted to a vote of the electors of the State, at a General Election, and be approved by a majority of votes cast thereon at such election.

During the pendency of the bill to establish the business of banking, at the session of 1857, my attention was called to the question whether it was competent to submit such an enactment to the electors at the April election of that year, and after considering it, I felt it my duty to advise the late Executive that such a submission would not be in compliance with the constitutional requirement, and that it could be made only at the biennial election; and a provision to that effect was incorporated in the bill. It was evidently the object of the Convention to give the public ample time to examine and deliberate upon all the details, all the advantages and disadvantages, of so important a And surely, the same reason applies with equal if not greater force to a proposition to change the fundamental law.

measure.

That the general election is the biennial election of November is further, and, it seems to me, conclusively indicated by the provision in the second section of article 20, that "at the general election to be held in the year one thousand eight hundred and sixty-six, and each sixteenth year thereafter, and also at such other time as the Legislature may by law provide, the question of a revision of the constitution shall be sub

mitted to the electors qualified to vote for members of the Legislature," &c. The provision is mandatory upon the Legislature to submit this grave question to the electors at the general election in those years, while it leaves it to their discretion whether it shall be done at any other time.

For these reasons, and others which it is not necessary here particularly to allude to, my opinion is such as I have above expressed.

I have the honor to be, &c.,

J. M. HOWARD,

Attorney General.

The undersigned would respectfully submit to your Honorable body the following report, showing the condition of the State Library, and matters pertaining thereto:

There are now in the Library, of all kinds of books, 8,958 volumes being an increase of 3,063 volumes since the report of January, 1857, The major part of the increase has been received as contributions, there having been but few books purchased within the last two years. It would seem improper that any considerable amount should be expended for the purchase of books, without some additional conveniences for their safe keeping. I have caused a door to be made in the wall dividing the "Library," and "Document Room," and have had a sufficient number of shelves put up in said "Document Room" to receive the books that have heretofore been piled on the floor. And I have caused some new cases to be put up in the "Library Room," all of which have added much to the convenience of the Library.

It would seem proper, and I would recommend, that you appropriate a small sum, that such works as are likely soon to go out of print and will be wanted in the Library, as well as some of the more important of new publications, may be purchased. It is also desirable that about $1,000 be expended immediately, for State Law Reports that are needed to complete the parts of sets now in the Library.

In compliance with the urgent request of the Supreme Court, I have ordered many of the reports desired-some of which are now on hand and not yet paid for. I would, therefore, request that your honorable body proceed at once to make some provisions of law by which the Librarian can draw the money now in the hands of the State Treasurer, which stands to the credit of the Library, which at the present time amounts to $1,023 29-the same being the balance of the appropriation of March, A. D. 1837, made for the enlargement of the State Library, (but not for law books alone, as reported.) I would respect fully suggest that one thousand dollars per year, for the next ensuing two years, be appropriated for the use of the Library, and that you direct by whom said money be expended, and how the same shall be drawn from the treasury. It would seem that, inasmuch as the Librarian is made responsible for the good management and safe-keeping of the Library, and is required to give large bonds to indemnify the State against loss in consequence of neglect on his part, that he should (with proper restrictions) be authorized to draw such money from the treasury; if not by himself, perhaps it might be proper to associate with him the Secretary of State. But that some plan should be adopted which would prevent unnecessary delay, there can be no doubt. It is also suggested that some further revision of the law should be made, so that it may conform to the constitution, viz: The law now requires the Librarian to report to the Legislature each year, while under the present constitution it meets but once in two years. There is also a provision of law which authorises the Superintendent of Public Instruction to require services of the Librarian in his department. This is a provision of law in connection with one requiring the Superintendent of Public Instruction to keep his office in the Library-rooms-a thing which is perfectly incompatible with the present extended business of that officer. I therefore suggest whether that provision of law should not be repealed.