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

with the vested right Of cn-r sc"ir Councillor
You cannot icngihsa it-because tint would be to
create an lnterregnun. aud lave Governor at all
Wint mockcry then is it 10 say, since you neither
teH@thcn shorten the term that you may chaRge at
ALL by law We think there is no SORT Of difficulty
allupon the subject except among the snphsts and hair
spttrrs-and that the last Legislature migh 1t once
have filled Mr.. Tazewells vacancy if he hal resigned
passing the necessary iao the subec-nnd that the
next Legislature may elect Governor.
Two writer's in the Wing have noticed our brief arti.
cir on this suh CT ~ Subscriber writes like gen
slrua" We "rre correct in saying that as far
rer'i'Hrd II" Gn"rTnHF Of Vrginia had gnr since
the H. v"uti"n. We spoke to The hes, Of oar rrcnec
ton the time, but Il Sabscriicr has shown cur mis-.
take in the cases 81" Mr.. Henry twice in Tx! Of sir.
h'an ais w'th ;he elder and ynungrr Tyler: and If
C"l' N'c"las We have not had tr't To rSliii!" the
records; but we believe that III every except lhr
last resignation OF CO.. MONROE. (wil,n c. W Smith, lii"
Lieut. Governor acted I'LL the |. .i>aturr m;t) The re-
sgnann was madc TO Them, aud that they Immediately
supplied the vacancy by elccling Il l,'w GOyrrnnr!
We understand That y Subscriber has himself ai.
len INTO rhe mStakr-!le says, . not trw thought
that II Mr. Tazewe had gned brtc the 5ls March,
MI W ilSnn would have been cnniriied 10 have
manned as acting Governor during the balance oI tlr
Governor term. and that he would have riarA tn ADM
his,'r the Government 'Aaong others iearsa Judge
oil the Court OF Appeals express HE opinion" W., und'I
Stand that no Judge DOES entertain such upnon and
IL is Prohlhl That the writer must have :sundr rSnpd
!iinn. In TACT, how could who only could ACT
Governor, by virtue Of his being Lieut. (cvrror and
Lieut. Governor by virtue Of lis being Senior Cuun-
ci"r, be the Gopern"r, when lie is Council
IT: The Earth stands accning To the Indian PLY lUso
phy) on the back ol an .I.lrphantand the Elephant
thc back OF urtoAe-and what docs the tortoise rest
on: yAothtng!
/" A Subscriber notices an error which apprarcd in
the Address Vi the M4nrty of The Republicans OF tIe
hrgsature-and into which Que Of our Correspondents
had previously fallen, viz: that in lSS, Mr. Tazrwcl
had voted Tor an amendment Of the Constitution, re-
inov my Senator Of the U. S. by vote OF ma 5rity
OF all the members OF i!e respective State Legislatures
The writer aIli-ms, that Governor Tazcwcii
who gave this vote, but DR.. farewell, now Of Rich
inond
AS to the scrbbler in the Wing who signs himself
Born i'll the year az, sorry that he has
found time IN this long period, to acquire the
and style OF gentleman. lie is utterly unworthy Of
FOR THE ENQUIRER.
fF'G cU &. ns;"G"4 r I2iS z: 1I,'4')
Whsa tho Governor i" office scIe and his 'io, "ero
trome anxious Tor his Now thai no has acfrGy gn;G
this BAN! dcnc:s much dissatisfied ThS Cover
nor sces, did not in order 10 please scm reign ~ the L"
gsa,us but Richie aware uaJ will he have the us.cs state
tbs. tho Legislature ,su could have appointed
Governor Tazwe until the expiration of the official term or which
o "a elected: Tho ith article Q: Iu amcnOd Co.s'n'io" IN
'hai T wo .;S .r.A.
ted Goveos ba c." the joint Of The I!ou.G. Of
the G-ucta ASSEMBLY lie shall h"Ghis during tie
ST iaw am, s M s TO- i o"c for Ihrc" os %
ate. hi' OF shall i.a,u rApl,c!."
The last clause OF the fifth article rcnds follows:
the senior Councillor shall DC Lieutenant anI in
the scat oil liuvrfnmcn, Shall act rs Governor"
1t plain, the ciofe tatn Constitution provides for tho appoint
nen OF without Legislative dur"s the vi
The vrsnia Convention evidently had before them the language
Of the Constitution g the Ene nss TA'eh define. The E.seu
of tho Cni,cI SUITES American lie shall ho his olico Tho
term OF four an! together with III" Vice President" e"ion for
" In the removal Of the President from office, Of hi,
death Resignation Inability sehargs tho ro@t Gnd v:i: Of
Congress lay law provide m the OF removal DEATH rcg
nation, Inability a' oi Ihc 'esdcnt and Vice lIe!cm, rca
accordingly until the disability DC removed President shall
Asai"' Tn Coa;c.s determine The time Of choosing tho
EIc' aaL lay which they shall give their which daJ
,ha be the i!o"so" the L. StaIc.".Ar, Section ~
Now has il harm coulcnde, ia unicr these other
by law resignation President, another
shod BE- forthwith ehuScn by The people in IauShH u he T. Pre-
naaaue saa that the Legislature could uve filled the vacancy
accustomed BY tue Governors resignation" N""s tuning
Their justice cnmur ,om that un1ung o;ac" the Nc" York
runr asan end aan through tic c.uns at the pos ta ka
Governor reigned Alter the ADJOURNMENT o. the Legislature III o:er
to show his contempt io' that body. "
aa Goac opinion he would have Lcca crcuub!c; but
presumed know the Constitution o,u STATE which
tus pany aako the lcutenan,Gorenot Governor for the
a,"e; o. tern vae3fa o any cause" tt Is HDvDu ai s
REMARKS.
Tie Wings not only differ from the Republicans as
to the power VI the Legislature Ia till up vacancies in
the olice Of Governor by death resignation, but they
differ among themselves in the details Ut their own syS
TEN. Some OF them think that when the Legislature
once makes an election OF Governor thereby spends
the whole elective function vested in 1t by The Con-
s,ituiion for the term Of three years. and that If
cancy occurs BY REFUSAL to nc!, or death; bc;orc
identification and inslamrnt then the Office dcvvlvcs
on aud is vested absolutely in tie Lieutenant Governors
successfully. for the said tenn Of three years: Others
think that The elective function vested IN The Lrgis!a
ture cannot be Invested by The act OF election but
that t.e person elected must qua; and be Installed in
office, and that then II lie shall die or resign The next
moment, the Lieutenant. Governors successfully, year
alter wear for the balance Of the term, absolutely in
tit. I,puI
tu!e has authority whatever TO elect new Governor
Why these nice distinctions: Does the Constitution
distinguish between the Governor elected acting or not
acting: | can such Distinction The question,
therefore, be decided, is first, whether the election Of
person Tie Office Vt Governor does dIgrs the Lee
gisluIe Of the elective power vested III 1t by the Con-
slu,ion or the term Of three years. in case such person
installed in Office and second, whether it dues, in
case he Ue installed Office, ana shall die resign
dsQuafy himself afterwards:
IL may be remarked, that difference in these
provided for by the Of r Constitution, unless it
BE- conlrndrd, that the words IL case OF the death, ie
signatiun inability absence OF the Governor from
tie OF Guvernnent, plc.suppoics the existence
OF Governor actually elected and quaiIiedi aud, that
whatever the Legislature might do prior to qualification
must be considered voIdaDr, If not done until
rat!icd made eicclual by acceptance and qua!!ca
ton Suppose this to bc 50, applies with equal force
TO the OF President, elected and hi qualifying
for in this respect the language in each Constitution
OF equal force. And will 1t be conendcG, that II Pre-
sdrmt of the United States, elected by the people,
should die refuse 10 qualify that another election
could be made TO fill his place, and that tile vice FIRE.
sdrnt would not be entitled tu the Office just much
as if The President had qualified and been nsal!ed?-
Certainly man would contend for such proposition
This the folly OF the Wing choosing the Federal
Constitution, from which to draw lis arguments have
heard other Wings quote Kentucky because Lieutenant
Governor is acting there as Governor They DO not OBJ
serve the characteristic differences between the Cons
tuition Of Vrgnia, where the Legislature is the elective
or constituent body, aud those Constitutions which make
the People the elective constituent element. lhs
Constitutions which provide for popular election of Co.
vernon President, generally prescribe the manner aud