Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1836-04-19


yond The next session of Assembly. Before the adop.
hon OF our new Constitution. Virginia. Mary land and
NORTH carolina, alike elected their Governors annually
and they never paid ANY sort of to the auhofi
OF the persons appointed by the Constitutions TO act
IN Tue place oil their Governors When vacancy
cured IN the Office of Governor the Legislature Simply
passed resolution To elect Governor To The
duties OF his office such time as the resolution pfe.
scribcd without regard to the cxpir,on of The cy.,
term. 49,
This practice founded upon very good reason The
legislature being the elective body, 10y express proyi
SONS oi 'ie oid Consttuton had the capacity make
an election, as well ut time another aud having
me power nut only TO determine when vacancy exists
gu. when Il should be filled; il very fair presume
was intended that the Lieuenani- Governor should
"niy act as Guseruor long the Legislature chose
To permit The office OF Governor to remain vacant
sudden death Or resignation could oucrate no suor,
or fraud upon the General Assembly as il might on the
people Any one member could know as soon aud as
n"eh soou' hng the vacancy, as any other II could
ou' moi 50 wit The people Look the lhiness oil our
county ana district elections 20 fill vacancies
fatck Henry was elected Governor for one venr by
,e convention ON The 18th day OF June 776 the same
Day and immediately alter the adoption of the Consti.
luton Inc time Ut the commencement uf the term OF
once was changed from time time by the si,nple reso
lutions Of the Houses Of Assembly providing for
the elections remarkable case in point occurred in
nec' ioil-Gov Smith having just entered ON the du.
yes VI ms oihce was consumed by the catastrophe of
The Richmond Theatre, ION the twenty. sixth Dccrm
per, iSll,)-and Governor Barbour was elected daring
ri - , session oi assembly for one year, the
% OF January lSi2 The election however was made
Without any regard to the rested yigh OF the Lieutenant
Eoyernor Tor The balance of Governor Smths term
ihe ilth OF December of each year for many years
was The time fixed by resolutions of the Asse,l,v "a,
'he Governor TO commence has duties That was The
Jay uuiing The Time of Gov Pcusanis and Gov Tyler
December, 1926, for year from the ih of lie same
month Afterwards, aud during the same session on
me ION OF January, lc27 he elected TO the Senate
OF the u States Tor six years iru,n thc al, M Nil
next thereafter; and the IUtl of Fcbruarv is.lS
vsa"e session Gov Giles was elected Governor for
one year from the said 4th of March. Where was the
uninching Peter " Daniel Leutenant- G yprnor ,ha,
ne uld not step forward and what the Wins would
mink 10 be patton the part OF The Legislature
The Legislature paid no sort of atieniion n, s,v ,-,
'gf e mad IN the oice OF Governor; he paid no kind of
attention 10 any usurpaion OF theirs the best rea.
son ia e world They had acted exactly in strict obcd d.
enee TO duty and the usaes of the MT under lr
constitution. Gov. Giles continued three ve,,s co,.
T on Tie 4th OF March Of every year Governor
i'oyu s"cceeueu, and was irst elected the yth of
January, $780, for year from the 9TH of March NO y,
ereaiier The new Constitution La viilv been uJoptd
mat year. an act passed the 9Th Of February 1881 de-
uns that The term of Office of the Governor oi this
commonwealth, who shall be elected under the amend
ca constitution shall commence the hiry.frsl day
VI "aich one thousand eight hundred and ti,Ity -oue
according 10 this law aud the provisions OF lie me- u,
constitution, Gov Floyd elected on the Ilih of
puey lo5l tor three years from the 3ist of March
.hefea,'ef Gov Inzewel was elected Tor three wears
rom me expiration of Gov. Floyd's term aud hus re
ssheo one year before the EXPIRATION his term And
the exact question is can the General ASSEMBLY ec,
governor under the new Constitution 10 coinnie ncu
MS duties before the expiration oil Governor Taz.wrll,
,ii' OF Is the remainder of that vested IRE yoca
a' h ' " 'ne practice under the old Constitution
cannot be doubted; and the provisions of the tvo .,
- neay ahkc, mat II IS hard to imagine that dieren
construction can De given under the new The 9Th scc-
uon oil the old Constitution provides that Goyeroor
or Shie Magistrate shall be chosen annually by Joint
ballot oil both Houses, be taken in each on.e
"'ey, &c, who shall not continue in that Office long.
er IMAM Three years excessively, nor be elble untl
e OF four years alter lie sa have been out
Oh mat once The llth section, Pryy Council
or Council of State consistinr of eobi mco,ors I'LL
oe CHOSEN by JOINT ballot of both Houses of Assembly
ei rom teir own members or the people at large 10
assist III The administration of Governments They sa
annually choose out OF their own members President
VINO IN case OF the DEATH inability or necessary absences
OF the Governor from the Govcrnnie nj shall uct nv eu
e'ah''HoVeInor The Convention seemed TO have
oreseen that some difficulty in relation TO this subject
hgh grow out OF the increased term OF the oiicc and
PROVIDED that the Assembly should do bv law eraci.v
what they had always dong when necessary bv rssoI
uon By The new Constitution il is declared ,hn, ,e
Snnil mold is office during the of three
yaIs' 70 commence on the first day of January next
succeeding his election, such other dan as man from
me 10 tne DC prescribed by iao For what other pur
pose could THIS last clause have been iutroduc.d mn IN
place IN The hands of the General Assembly, pr.cseIv
te same power they had always exercised :-tlat oil
eiOeiing Governor for a full fern ,yben.r.r
ucahcy occurred without regard the unexpred ba.
lance oil the old term, the authority of the ruicnau,
1overnorf That Ia To be done now 10y law which wa,
formerly done by resolution. Certainly no obie.t so i'm
poran OF necessary can be effected under CLAUSE as
that OF filling up the office OF Governor as soon as
'caoe a'ter tc occurrence of Vacancy By this con-
stfacton, The vacancies hereafter, heretofore can ON
~ exist from one session another but by lie Vhu
system, vacancy gHy continue nearly or entirely thru
ytdTs Could not the General Assembly in Dcceinb,r
next pass law, that the Governor should com.
meHcc his Office the LIST Of JANUARY ON the ODD of
February, or the 4th of July any other day and the
proceed 10 make an election, which would IL, const
tlona ana binding on the Executive Department? SURF
W no man VINO has any respect for the usares of t,
C'mmon@ehih aud the analogy OF the present TO Tor.
iner opposite cases, doubt a. The cauce Of the nw
Constitution above referred TO- places the subject undr
the control OF Legislature as fllly os lin. royso
IN ihe . carolina and Georgia Constitutions do.
Ohdcf The old Constitution il was often said we had
EIGHT Governors and OSE Councillor, as the Governor
could only act III obedience TO the advice OF Council and
not against IT. Nor did he exercise the authority of ry
ing the casting vote, when the Council was divided =
Under the new Constitution, the Council is advisory on
~ ana e Governor can act against advice all cases
"heh gwen, ana without IL in all others. Thus il vii
Oe seem hat The Convention intended greatly to
inc strength OF The Governor by yesing in his own dis
ceton he supreme executive authority, without being
subject To any control further than the ycaxO,gg or an
advisory council could control him; and also NV
lengthening the term 10 three years Under The n,S
Constitution, each Councillor becomes Lieutenant. TO-
vernon during The third year Of his erni--so that
ne obtains Tins high distinction by the Operations of
Tue "ae ~ Hme, and 10y no choice, except that by the
Legislature merely for an advisory Councllor--The
old Council annually chose their own President Vim
acted as LieucDant Governor the death a. az lilo
governor by this means the best qualified Councillor
among eight could always be procured act in place of
hle H0Yernor. Can 1t be supposed that tlc Conyrn-
ho wien adding greatly to the 9TH aud stability Of
the ccisExecntve officer, could also intended To-
weaken and make II 50 unstable have dcyOyed ui
on TIE Lieut. Governors, thus coming into Office ts
powef Tor whole vacancies Of one, two or even three
years ii is impossible.
That clause Of the Constitution which declares
that The Lieut. GOrerHOr shut Gctas GoprfnOr" can
have no other meaning than that in tlc old Consttu
ton, winch declares that the prfsideaf Of (ouoo