Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1821-12-20

ncnt enumerated IN tho Constitution. we ,i..
not recollect but from the following expires
sion in his letter, I" when there is n Governor
capable of actng," SC. we would infer his in
depreciation of the term "inability" TO mean
rather want otpruper qualification for office.
ora permanent disability, than temporary or
adventitious cOnuncture, which though likely
TO be soon removed, would for the time being
render Impossible the administration of the
laws by the Governor. Upon theory even,
the council have given daSrent meaning To
the language of the constitution: They have
supposed II an Instrument designed for practi-
cal application. They have looked at, nay
they have heen compelled daily to behold the
exigencies of the public and they have con-
cuded the evils TO be the same, whether the
governor become unable to discharge his Gli-
ties by visitation of Providence, or nv vo-
UNFAIRLY subjccting himself TO circumstances
which place the performance of those duties
beyond his power.
| The constructions placed by the Governor
upon the phrase "absent from the govern
ment" are too memorable To have been for
gotten and if viewed by the Legislature and
the public as they have been by the Council,
must indeed create anazement.
| AT one time it was insisted on by the Chief
! Magistrate, that this language was designed 10
! cover the case of the Governors being in COM
mand Of the army, in which Station il was pre-
| tended, he ceased to be in the government !;
notion, the more extraordinary when the
very provision of the constitution which gives
to the Governor the direction of the militia"
invests him with that power in virtue solely
OF the Office of Governor.-The next interpre-
tation given by lis Exccllency 10 the words
last quoted from the constitution land this is
believed to accord with his present opinion, J
| Is, that the Government of Virginia being CO.
extensive with her territory. so long as the
Chief Magistrate was within the limits of that
territory, he could never be- absent from the
government This is a refinement upon the
terms of the constitution, an artificial con-
struction of that instrument, wholly incompa-
tibie with experience or political discretion,
and therefore not 10 be ascrbed TO the fra
mers of that instrument.
If by the Government Of Virginia is meant,
her authority, or her political privileges, then
Is her government strictly commensurate with
the limits her territory but 10 say, that the
daily and hourly necessities OF the body poll
tic, or of the constituent Individuals OF that
body, are to depend upon the accurate adjust
ment of geomctrical line, is impuiing to the
trainers of the constitution an ignorance of
practical affairs, degree ofahsurditytoog gross
| To be supposed, amid even the rudest elements
of society. Yet this ahsurtlity is implied ne
cessarily, in the critical test of presence or alb
sence proposed by his Exceliency. Here, as
in the former instance, the Council adopted
rule of construction consistent with necessity,
with practical utility, with the common accep-
ratiOn of the language Of the constitution
They have reflected that there is a certain
machinery necessarily incident to all regulated
government there must he seat oil legislation;
there must be public archives there must be
| established authorizations and indicia OF au-
thori:y and public faith: hence there must
be seat OF government, and public officers
and pubic servants 10 whom certain and spec
dy and regular resort may he had. In th
view, the government is correctly said 10 hc
restricted and local: No public officer can for
his convenience, whin, transfer it whittier
sOever he lists, and whenever he places him
self for time out of sight or ia situation in
which resort TO him is dcbarrcd, he may 10
every useful end be declared absent from the
government. Can any man doubt that it was
the intention of the Trainers of the constitu-
ton, looking to private as well as public ext
gencics, tn provide by the creaiion OF a Lieu
tenant Governor for IA state of things like that
Just described ? Look for "A moment at the
Inevitable results IN practice of Il different con
struction of the constitution. Instance the
cases of invasion or Instruction the frequent
necessity for immediate intcrpusi,inn bv par
%
life Again, 10y some OF the laws, the tenure
| of Office is made to depend upon the qualtfi-
cation OF the appoiutee within given period
of time the person selected, may moi for a
lapse of many days be apprized of his appoint
ment: or he may by series of accidents be
delayed in his application for a commission
he hastcns as soon IS circumstances will allow
| to the seat of government the Governor per-
| haps has an estate remote from the Capitol
which he may have gone tn visit. or he may
have deemed 1t advisable To take tourney
the time for qualification of the officer rolls
round. The Governor is moi to be regarded
| as absent though he cannot be- found, orat any
rate not until it is too late TO despatch the bn-
sncss required to be done, and a forfeiture OF
Office and irregularity and delay in public bust
ness are the certain consequences. What is
the equivalent offered To the Commonwealth
for all this incOny enicnce j? Why, that ac-
cordng To IA theory novel among us, the full
influence of the single branch of the Executive
may be preserved. 1t is not of the genius oil
our government that the singular should pre-
vail against the plural, nor has it been hereto
fore regarded as the most infaLlibie test ofreai
repubhcdnism, to stigma!izc as factious any as
scrllOn of political opinion however FREE.
| The situation in which the authority oil
The Lieutenant Governor is to be exercised, is
not by the constitution, or by any statute
made dependent upon The notification By he
Governor of his absence, and whatever the
jealousy of party may appIchend or suggest
upon this subject we presume that tie fra
mers ofthe constitution meant not To impute
usutpatiOn, fraud or unf,rucss, tn either of
the functionaries created BIZ them, but sup
posed that the occasions for ihcexcrcise of all-
thority by them respectively, must and wculd
be determined by that discretion which is ne
cessarily supposed in every civil and political