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

vernon President of the Senate acl in the place Of
the G0rcrnnr which Il sill lie scri. Cannot extend b,
yond the next SESSION of Assembly. Before the adrp-
ton of our Constitution, Virginia, Maryland aud
North Carolina ulke elected their Governors annually,
und they never paid any Of attention TO the auLhor
~ OF the persons appointed by the Constitutions 10 act
III The place OF their Guvrrnnrs. When vacancy oc-
CURED IN the office Of Governor, the Legislature SIMPLY
passed resolution to elect Governor to coHttcr Tie
duties OF his Office al such time tie rcso.C!i"n pre-
scro'd, without regard 20 The expiration o! liz; "far
trm.
Tins practice is founded upon very good reason The
Legislature lIng the elective body hy express Prov
sI"Is If the old CONSTITUTIONS had the capacity To make
IN P"ctIun wril 4, time another, and having
e power iut only To determine wien vacancy c1's5,
nut when II should he filed; i very tar ~ presume
II WIS Intended iias The Lieutenant Governor should
only act as Governor, long The Legislature chose
~ !" r'lt The Office Vi Governor to remain vacant.
'uudi death or resignation could operate no surprise
or fraud upon the General Assembly, il might the
people. AGy n'Ibrr could know as SUM, and as
"nci! about lEL Tn" vacancy: rs any other. 1t could
mol be dune without tile CONSENT ui majority present.
but not 50 with The people Look 10 the narss o. our
county and district elections 10 fill vacancies.
Patrick llcury elected Governor Tor one year BY
the Convention The 2Jth day CT June, l17G, the
day, and Immediately after tie adoption ol the Cons!
ut"n The time ui the commencement ot tie term Of
oiicr was changed from time TO time by The simple
nuons o! the two Houses of Assembly providing for
the elections. a riIaIkabr in point occurred in
Dec, lcll.-Gov. Sui!h having just entered The du
l"s vi hIs oNicr, CONSUMED by the catastrophe Of
The ltIclImonl Theatre, ("n the twenty sixth Drccm
Der, ISL ,)-and Governor barbour elected during
TIE same session vi Assembly, for one year, tine
sd oi january, lcl3 The election, however, was made
without any regard 10 the rcStld Of the Lieutenant
Governor tor Tie balance OF Governor Smith 8 term.
lhe llh vi December Of each year, Tor many years,
was Inc time fixed by resolutions of the Assembly Tor
Tie Governor lu cuu!iIcuce his dulles. That the
day during the time VI Gov. PIcasants and Gov. Tyler
Coy lylers second election was made on the 9Th Of
Decenbrr lc2G for one year from llc lLh Of the
month. Afterwards, and during the saI!e session,
the 18th Of January, lc27 he elected 10 the Senate
vi Tie U. States for SIX years from the 4lh Of March
next thereafter; and the 10Th Of February, l527,
tSame scsslon) Gov. Giles elected Governor for
one yeur from the said ill Of March. Where was the
untliucEing Peter v Daniel Lieutenant Governor that
s did not step forward and what le Wings would
4ink 10 he usurpaon The part of the Lrgslalure
lie Legislature paid no sort OF attention to any rcStcd
TgM liz HAD III Tie ullcr ot Governor; lie paid kind vi
attention 10 any usurpaon OF theirs; anu tor the best
sun IN the world They had acted exactly in strict obed
ence 10 duty and The usars Of Tie Government under the
Constitution Gov. Giles continued three years,
!enclng Oh the It'll CT March OF every year Governor
Euy succeeded, and first elected OH the Jlh OF
january, leu: Tor year from the 4l Of March
thereafter. The new Constitution having been alUped
that year. an act passed the 9Th Of February, 1881 de-
clarinH that the of Office Of the Governor oil this
CONFERENCE.-The, who shall be elected under the amend
I'd Constitution, shall commence the thirty first day
OF March, thousand eight hundred aud tIrty-uur."
!cc"Idig 10 lIIs iiw aud the PROVISIONS ul The
Constitution, Gov. Floyd elected on the lllh Of
February Ie for three years from The 3lst of March
thereafter Gov. Iuzcwcl was elected for three years,
from the expiration OF Gov. Foyds term, and has
signed one year bclurc the expiration Of his And
the exact question Isl the General Assembly elect
Governor under the Constitution, TO cuiIiinrnce
his duties before the expiration OF Governor Tuzewrls
tcru: or IS he remainder ol that term vested rreyoca
bly, and absolutely III the Lieutenant GovcInnr; We
have that the practice under the old Constitution
la, Ird md he of lp IlyDa
nearly alike, that i! is hand To imagine tia. different
construction can br given under Tie The 9TH SEC
ton oi the old Constitution provides that Governor
Chief Magistrate shall he chosen annually, by joint
ballet Of both louSes 10 be- taken in each House rspec-
lively &c viii" shall not continue III that Office long
er than three years succrsSrcy, nor be eligible until
the expiration Of four years after he shall have been
.! that oi!ce. The I!th section, Prvy Council
or Council ui Stale, consisting Of eight mcnbcrs shat!
be chosen by uint ballot Of both Houses OF Assembly,
either from their members the people at llrgc,
assist IN the administration Of Government They shall
annually choose oI their nc'rs, President.
who III case OF the Geath, inability, necessary ABSENCE
Of the Governor from the Government shall act as Lieu
tenant Governor The Convention seemed to have
fupseen tha, difficulty relation this subject
might grow Of the increased trru Of the Office, and
Vu"ldcd that the Assembly should do by law, exactly
what they had always done, when necessary by rcsou
ton. by the Constitution it is declared that the
Governor shall hold his Office during the term Of three
years, To Commence tie first day Of January next
succeeding his election, such other day may from
tHc 10 ttms DC prescribed by taic For what other pur
pUsc could this last clause have been introduced but
place in the hands Of the General Assembly, precisely
the power they lid always exercised that OF
rrcting new Governor, for iiIl tcruI Whenever
vacancy occurred. without regard 10 the uncxpred ba
lance o the cid tr, or lie authority u! the Lirutrnant
Governor: That Is 10 be done now by law which
tnner!y done by resolution. Certainly object I'M
portant necessary be effected under this clause
That of filling up tic office vi Governor pIac
ticabe after tic occurrence Of vacancy. By lns
strncon, the vacancies hereafter Us heretofore,
IL exist from session another: but, Ly Tie Wing
system, vacancy may continue nearly or entirely Mrce
years. Could hot The General Assembly in December
next pass law, that Tie nrxt Governor SHOULD c"n-
nrIicc his office the LIST Of January the 1ld Of
February the Ilh vi July, any other day: and iicn
proceed 10 make ali election, which would he cnustti
tlona and binding the Executive Department.: Sure
~ no nan who las any respect Tor The usagrs of this
Common wealth. and the analogy u! the present u Tor
upose cases, doubt il. The clauac OF the
Constitution above referred to- place; The subject unGer
the contro! OF Legislature, fully The provisions
il The s. Carolina and Georgia Constitutions iu.
Under the old Constitution il often said, had
EIGHT Governors and Councillor, The Governor
could only act III obedience TO the advice of Council and
against it, Nor did he exercise the authority OF CIV
ing The casting VOTE when the Council drldrG.-
Under the Constitution, the Council IS advisory
ly and the Governor act against advice in all cases,
when given, and without il in all others Thus il sill
lie seen that tie Convention intended greatly to increase
the strength of the Governor, by vestIg III his dis
CrcllOn peltlH
subject to any control further than tic reasoning OF
advisory Council could control him; and also, by
lcng!Iening the term 10 three years. Under the
Constitution, each Councillor becomes Lieutenant Co
vernon during the third year Of his ter:n-so thai
he obtains this high distinction by the operations Of
the tidc Of tc, and by chncr, except that by The
Legislature merely for an advisory CounciIor.-1he
old Council annually chose their own President, who
acted Lieutenant Governor the death, &c Of the
Governor. BY this the best qualified Councillor
among light could always be procured TO act in place Of
The tuvrrnvr. Can it be supposed, that the conven.
ton, wien adding greatly 10 le strength and stability Of
weaken ard make unstable tn have devnved up
on The Lieut.. Governors, thus coming into office, this