Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1829-12-15

siituionaly and not by the feelings Of yenemen--he
was afraid gentlemen suffered their feelings to sway
their Judgments He contended the question had never
been decided and ii could not be proved 10 have been
decided by the Journals. He could not believe Gov
Giles was disposed to hold the office for SO short period
at the expense of the Constitution and If the Legisla
lure decided to elect another Governor from the present
ume he would acquiesce. The Legislature had no au-
thority to elect Governor. for less term than one
year. The constitution did not authorize the Legisla
tire 10 elect Governor to for term
Tho constitution intended the Governor 10 be ndepen
dent OF the Legislature The first Governor was elected
IN Nav and IT the construction contended for be true
all Governors should be indicted in May. When
Governor heretofore died resigned, the Legislature
mad decided that there existed vacancy, which they
titled from that period for year, but they never un-
dsrtook to fill the unexpired term. He hoped the Legis-
ature would not Interfere in any way The Governors
term in his opinion, did expire until the h of
March next. .r y.
Mr.. Miller said he would shew that the present Go.
vernon had acted upon the construction that he was
elected to supply vacancy for an unexpred term
He referred to the uniform practice of the
as supporting this construction When Gov Tyler the
elder, elected Judge, Mr. Monroe was elected for
the uoexpired term.-He held the Office only few
months and was elected to a Federal office, and the
Lieutenant Governor acted because the Legislature was
not In session. Gov. Smith then elected, but he
was shortly after burnt in the THEATRE and Governor
Barbour was elected to supply the vacancy the time
that Gov. Smith elected. He asked &c the Legis
lature could elect Governor for than one year.
and said that IL the opposite construction adopted,
acted upon this constructions for he elected on the
18th Dec and took the oath that day as Governor for
one year, and he had qualified in the way the year
before. @ -
ernor for one and let the Governors the one
elected and Governor Giles m he chose TO hold on
TO the 4th of March, settle the matter between en-
and he did not believe Governor Giles would hold on
MIR Goode replied that when the gen lgulan from
Powhaan, came 10 consider II dspassonstely, IL would
not hear him ou' in the Interpretation he had sdoned
Mr.. Miller asked il the gentleman meant that he had
considered The subject passonateiy ~, r, s.
Mr.. Goode said, &c the gentleman called on him NJ.
remp'ortiv he should give answer but he ould saw
he thought the saga"ious mind If the gentleman from
9pon cooler reflection at home, would think
d'heren'iv from HE nresent opinion He did not be-
1--we that Governor Giles ever thought he conId be o.
ecen Tor less term than We and il he had Quail
ihHd IN December when he had been elected in
4 March, II wonld he shorter pc Rod than wear
| Mr. Anderson was asonished at the geRtleman from
Me., Tor saving thar gentlemen were operated npon
ny Telling He denied that he was ib,s orprated up.
on. and he regiouy believed his construction Of the
constitution was correct BY different consruc, ion
the Legislature would have no power 10 elect overnor
10 sunpiy vacancy, hut the Office wonld devolve up
on The lieutenant Governor and if this construc lion
were correct the Legislature had no right To elect and
Governor Giles had no right in the frat instance to VII
"e constitution by usnrpng the powers Of The
Lieutenant Gov ernor; he should have " aited nnu IN,
| eFPr'uon oil the lime for which Governor TYLER had
heen eierted-But the Governor had gone before the
maVo' OF thi' civ AMI taken the oaihs OF Off %, in
4 oec. ahn moi IN March in The second wear, which
proved that he construed the election nv the same
way and this is the only that our officer, are in
dnc'ed by qualifying before a Magistrate
Mr. ,'oohs desired TO know, If Governor Giles had
.ARen me oa'hs previous TO the Ash Of March in The
frat instance whether he or Gevernor TyIar yas e..
vernon until the 4Ih of March,
4 MT Anderson proceeded. and con.rnled that the
L"gi"tur" had always placed thi. cons,ruc,;o, upon
tn Constitution and referred 10 III. JornaIs for IN
s- Two years, 10 shew, that the Governor had be
&C." 'or one wear from the time OF ei-ction and
therefore, this Legislature should elect Governor or
that office would become vacant
MT mason OF Frederick. thinking lie saw the sub
yec' clearly himself hoped he might expo.p II Gle
DINERS All were interested in the correct intepre
| uon OF Inc constitution Does the present Governor
rrase 10 be Governor today on the 4.h of March,
Row are we to ascertain IL! By looking al the con.,i-
u'!on or The j,urnali-In the 6rs there is nothing
om.;en- Governor shall be chosen annually, add
commune no. longer than three wears successveIy''-
rs 10 be elected annually. and for three years; he
n"S'' 'hrr.ore, be elected for year at a fine -
"oNe'nr ivirr was elected Governor for one YEAR
ne adhressed letter, stating at he resigned his off
u axe effect on the 4th Of March; ihpn WIN Beetles
Il was elected. by the Legislature in February 20 taxi
ehecs from That time He took the oaths of office on
we s.' OF m@ch ensuing Suppose he had taken them
vi ne gay aver his election, in FebrI,ry-ihen
! we should have had two governors a, the same time
Hso " y IN The power Of the Governor elect to OBJ
u""e n'n|eu into The Gnbernaforiai chair, before
ne une arrives for hs election This construction
cannot he right man has RICH, to resign prospec
Vey; and This was the with John TYLER: he the
| ceased 10 ne Governor the 4th dnv Of March, and
WIN, oi'es commenced on the 5'h Of March. The
geormen coptend. that Mr Giles was elected to sut-
py vacancy, and they refer 10 Journal; but the
Journal cannot control the constitutions and there |. bu,
o"eeVent ~ winch vacancy occur: and that is
we Gaze OF The death ri the Governors the Lieutenant
Governor holds the Office in all other cases Resipns.
,'on or inability, creates vacancy; brcause then IN.
Lieutenant Governor has the mower The resign,o,
heNovS The tenure OF the office and then tho sIseoo
''keS place. Tor one year-But. we are told the (,y-
efnor has placed The construction nnon N hut, # his
os"'""n hs wrong. are we bound by II! Surely
no'' ihe Governor might take the oahs al any tim ..
=" ne could not enter npon The duties Of his Of
ncr' unh I've time arrived for which he was elected
bn me Governor is eligible for three years and from
me AN Of March, 1927 to the 9TH Of March 1890 il
ohy ihree wears and We can elect him for three years:
mat is,unti March, $780, hat cannot. by The rom
suion, elect for less than one YEAR and vet scrorJ
ing 20 gentlemen, we may elect for shorter time that
lE''hs same man may he elected twice in the same
ye,r winch N argument. called by the iogcians
Tediic''o M dosurdum II think, Therefore the con
sruFioD given bv the eentleme not the correct On
/ Mr.. Wool said he would vote 10 s,rts M, a. :
words moved hui for different reason. He did not
MINK u proper when the present Constiinon was
pou' expiring TO Encounter this vexed question There
w"sne neces'y Tor so doing he would leave II TO the
Governor 10 settle The matter hi,n.el He should vote
now 70 elect him for one year
NJ. "oode said, IL would be safactorv IN the Chief
nsg~'rae That ihe House should now settle the
MT Miller thought IL would he undignifed 10 ex.
Press an opinion nne's hat opinion would he obligatory
i'e was willing TO leave IL TO the Executive 10 decide
the question:
Mr. Epprs said upon the election Of Governor Ciles
he bad expressrd HE opinion that Il wac improper then
to proceed 70 the election for 10 fhen believed the a.
Ties Of Governor devoved upon he Leuenant Cover
nor. H. would paw Differences 10 former dsois;oo, II
the L'eisAiure, but he did not think the preceJen,s
wete applicable N this case. He gave history If ts
dih~reDt elections Of Governor. and the times when