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

crate an interregnum, aud have Governor at ALL
"hat mockery then ii to say since you neither
icsghen nor shorten the term that you may rkaagc il al
all by law. We think there is sort OF difficulty at
all upon the subject except among the sophss and hair.
splittersand that the last Legislature MIGHT AZ ono.
have filled MIR 1azewells vacancy, IL lac had resigned
passing TIE necessary lao the subjcct-amd that the
next Legislature may elect Governor.
Two wri;cr- in the Wing have noticed our Lri.r s,,i
Gle on this subject "A Subscriber, writes like gen.
rsrortefe Goveenor Of Virginia had resigned since
TIE revolution We spoke 10 the hes, of oar rccllrc.
uon al TIE 'e but = Sr6scribes has shown our mis-.
take ia the cas's Of Mr. Henry, twice in the case OF MIR
Honroe ils'' with the elder and younger rycr and of
Cei Nicholas We have not had time examine the
records; but we believe that in every case excrpt ,
last ssnation of CO.. Monroe (,yen G; smith The
ii'n' 1"vernor, aced ill The Legislature ict lie re-.
signaon made to them aud that t,cy Immediately
supplied The vacancy by cleciing new Governor!
We understand that A Subscriber has hn,seIf fal.
len INTO one mistake-lie says not a few thought
tnat mr iazewei had resigned before the 3st March,
" Mr. Wilson would have been co.nnclled To hav, r,
named as acting Governor during The balance of the
'ern'r 'eti anh that he would have righi admi-
hstr tis government "Among others, heard udrc
OF tc Court OF Appeals express the opinion We undr
STAND That no Judge does entertain such opinion aud
Al Is proba6ie that the writer have misunderstood
hum In fact, how could " no only could act ms
Governor, by virtue of his being Lieut. Governor and
Lieut.. Governor by virtue of his bcinq S.nio, Conn
ciiior be The Governor when he is not even Council
,r The Earth stands accordng TO the Indian loso.
phy) on the back of Elephant-and the EIeplant on
me oaeK OF orioise-and what docs the tortoise rest
on: Nothing. 80
SUBSCRIBE notices error, which appeared in
te OF the hIaJrity OF the RcnuLcn,s of
Lrgisa'are-and into which of our Correspondent
had previously iallen, viz: that in 1905 MIR razewell
had voted Tor an amendment Of the Constitution re.
members Of the respective S sG q
me writer ahrns that 1t was not Governor Iazewcl
VINO gave this vote, but Dr. Tazewcli, now Of Rich.
inond.
As to the scrbbler in the Wing who signs himself
Born in the year &C. we are sorry TINT he has nevar
found time in This long period TO mcguire the manners
and style OF gentleman. lie is utterly unworthy of
any notice. -
EOa yus, T. N,of,,pp,
'''; Go e hiis5i"1 r A2is e .ig. 81
Whan the Governor office, Richie allie, were
hi. baud Of defamer d.nsd as ever ~. y~s.
not ss sn, a not ia order TO please .hem
that The Legislature ,.ef could apponted 10
he was sse'sd Tho 4h arto OF Constitution i"
os r. chief Executive power Of ,h. shabe vo
tho saSsa 20 ' % d III. Gn vote Of the Houses
years. 10 commences tho January hi.
BY and he shall By nesbo occ for Ire ,oS next
Ai!r i M i term an OF service shai have oSpi,ed"
bs as ssao a";s OF no nm article read. follows:
o. ' Ssas9: inability ab'cuce Of
y, i +; 81, o. ISs.anent shall nei as Goyernor'
nsn Q, without Legislative Intervention dun.
Of The Virginia GoassGs" evidently had before language
power The Esecu,ive h seh"5s ,S EIses
Of s, the Of u%, s States Of Ac,ea lie shall ho
the 'nn s, term IN DO elected follows
tho said tho sa o a 10 ssoss The aud us
IS may ~ law provide ar tbs Of eah g
act aceo,nsly until the disability removed OF I~i S ID
Asain1 Tho coasros. the time Of eooor tho
throughout lie g. T1 .0i' o @lS d
clauses Of the Federal Constitution coaese had power to sS
y law MAJ Oh me death or resignation Of tho President
s.asu wan Tar more reason however, proposition
as plain S p ' bt We ls':ns.lon
Eaqaor published ia Re 1, T1S%S1s oracle The Meg York
resigned aei The aIOusamonI Of the Legislature
a be done So opinion he would oxeuable bot
I. plainly make. the re-
Ri,cliS. - M y '"' '"A'i'ao's
REMARKS.
INC wings not only diiler from the Republicans as
TO the power OF the Legislature fill up vacancies in
me oihce OF Governor by death resignation but they
differ among themselves in the details OF their own svs
tenn Some of them think, that when the Legislature
once makes election of Goyernor il therebS sna,d
the whole elective function vested in IL nv ic fon
sutnton for the term of three years. and that if va.
cancy occurs by refussal 10 not, deati' Loi,,e
qualification and nsalment, then the Office deyolvcs
on and is vested absolutely in Lieutenant
snccessVey for the said term Of three years Others
think That the elective function vested in IegisIa
ture cannot be Invested by the mere act of election hui
That the person elected qualify and be installed i'm
oice, aud that then if he shall die or resign the next
moment, Inc Lieutenant Governors SUCCESSFULLY wear
alter year Tor the balance of tenn are absolutey in
vested with the Executive power; and that the LeGisu-
t9Ie mas no authority whatever TO elect Governor
why these nice distinctions? Does the Constit,,ton
distinguish between the Governor elected acting or not
acting? can see such distinction The oleson
therefore, TO be decided rsi whether the election of
person TO the Office oil Governor does dyest the p
ssiatue Of the elective power vested in by the on
sttuton, for the term Of three years in case such pero
be not Installed i'll Office? and second whether il does in
case lie be installed IN Office, and shall die res,n or
dsquaiiiy himself afterwards.
IL may be remarked that dicre nee in these cases il
PROVIDED Tor by the terms Of the CONSTITUTIONS unless Il
be conlended that the words case of the death re
signauon, inability, absence OF the Governor from
inc seat oil government, We-supposes the existence
oil Governor actually elected and quali6ed and thai
must be considered as vodaOle, if done until
rathed, or made erctua by acceptance and quaica.
uon suppose this TO be- ppliss with eula force
to the case OF President elected and not aaIifvno.
LOT ia inns respect the language i'll each Constitution Is
oil eduai force And will 1T be coDtended that if Pre-.
sdeht OF the United States, elected by tie DC opIe
shonid die or refuse TO qualify, that another Ell, ction
sdent would not be entitled to the Office JUS, us much
as II the President had qualified and been installed p
Certainly no would contend Tor such uruposition
ms slews the folly of the Wing choosing the Federal
Cnstltuon, from which TO draw its arguments hayo
heard other wings quote Kentucky because Lieutenant
Governor is acting there Governor They do not ob.
serve the characteristic differences between The Consi
tuition OF Virginia, where the Legislature is t elective
or constituent body, aud those Consiul which max
the People the elective constituent element Tie
Constitutions which provide for popular election of Co.
vernon or President, generally prescribe the
time vt holding the elections and ven yheee tb, ,o
may be changed by law, it would be- in most cases AT.
tended win much Inconvenience, If not freaueutiy
operate as surprise or fraud upon many Of the electors
Hence, these Constitutions for very wise purposes are
construed as the Wing has stated. What a uy,lsion
he tt, e..