Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1837-02-02

r signed, would have expired on the 3lstof March, 100.
1t will De perceived By che terms ct The resoil'uh - ~
nor,ed nv the committee, that We declare II o I yum
nelent for The Legislature now 10 fill the otiiee, anu "So
by q chappe of the act of 1881, 10 Tx q dinefehr uay
than the 5lst of March: for the cor'nhenCemeht VI Nv
term. The substitute also attirlns Inc i'gh' o Ie EN
ois]etnre now 10 El the office, end to change The Ia" NIX
snr ,ha dav of commencement, provided 1t be some Gay
h,f1re the 3lst day Of March, 1857, so as not 10 over
reach the day on which the old term would have EXPIRED.
And the main argument IF NJ the Only one) ~hGh gen.
tIemen who support The substitute rely upon. Is, tlal le
Legislature in exercising its constitutional power 10
change the time Of the commencement OF the HuOerha.
,oriul term, cannot SO exercise 1t, as " produce "na'
they axe pleased to call al interSegnE'R. which IL 5 Gun.
tended would be produced, if The LIST day OF May, OF any
day beyond The 3lst of March was assumed: becauss
it is alleged, that from The 3lst Of March 20 the lst o"y
OF May, there would be a vacancy IN tie ounce, .o, ,hss
which the Lieulensnt-Ci Governor conid no a = "l
cnsps enumerated in the Constitution, being ohl5 ~
Of d" death, resignation, liability or aosence OF Il a"f
vernon" And this / understand is the whole amouh''1
the argument on that side OF the question M H.,
But to this Interpretation of the Constitution, anu 't
argument by which it Is sns'a1nsd' l cIhhot r r mt
shall vote for the Resolution as reported by Tie eonhi'rc
! tee. which. maintain, contains The true e*pos!lloh Va
our constitutional powers upon this suo3ect. - Po"et
of the Legislature TO change the time "hen 'he G"'t''
nor is to take office, is L power expressly given III NC
Constiiu,ion' and is 10 these words: "lie (lhe HoVernoT)
Z" sllul hold his office during The term OF three years, 10
q commence on the first day OF January next succeeding
1" his election; or on such other a0g as MAJ. JfoM III
- time Ne DTtSCfiOcu " NoeS~ AS'N3 1900
finite, and precise power given to the Legislature 10
| chance the duv OF The commencement OF the term from
lime 10 ,inle, limited only by the first member OF 'ie SEN
,cnce, which declares, that the term shall be Tor 'hfee
wears. Now, | readily admit, that the LEGISLATURE III
The exercise Of their right 10 change the day OF com.
mencement FROM time to time, must SO exercise INA
power, US no, TO limit the term for a less period man
three years; because the language OF the Constitutes" Is
peremptory that { he shall hold his Office during the term
Of three years" And in another part, also declares, that
he shall '.1eccive for his services IL compensation 10 ne
fixed by law, which shall be neither increased nor u'ni'
nished during his continuance IN oihce -Anu
provisions | maintain, are the only parts OF TINT instFu-r
,nent which impose any lnnitalion upon The exercise u
the Legislative power 10 change the day OF commence
met! from time t., iiuIr, as the public interest ana con-
yenieuce may require. These provisions "oula oDVl'
ouslv prevent The Lerislature-whilst Il Governor was in
office, and who had been elected Tor three years-fron
50 changing he time, as to shorten his term; because
this would violate those provisions OF the Constitution
lust quoted which sag, he shall hold ms ONCE ior u zee
wears. and that his SALARY shall not be diminished during
his continuance in Office. But where, | would ask, is
the objection, even in cases where no vacancy exists, 10
change the day of commencement, so as TO overrracn
the day al " hich the old term would expire: Nome, 1
presl,ne. excepl TINT founded on the idea of an inter-
rcpmum, which has been before alluded to. 1t is not ne
cessary for NE, on the present occasion, 10 take thIs
strong ~ground-becanse we are not now considering
the case Of j Governor in office, bet the case of a vacan.
CIV. But doubt not, if the question should ever arise IN
the future action Of the Government, that those who con-.
after us will have bu, little difficulty in deciding that II
IS Hlluln the competency VI Tue Legislature ClhuS 'S
day Oh which The Governor is to take office: provided IN so
doing, we do not abridge the term for which the Govern.
or then in power was clected-lhls could only be effect
cd if Governor farewell had not resigned, and were
now ia office by changing the time TO some day beyond
the 3lst Of March; because if brought within that peri
cd, il would reduce his term 10 less than three years -
But the Office is now vacant; and maintain, That having
the power to fill that vacancy, we can tX The term on
which the new term shall commence, either before or
after the 3lsl of March, that being the day ut which the
term of Governor Tazewell would have expired, If he
had not resigned; but 10 do this, the law also must be
changed.
tute, that the olhce being now vacant, we may fill it, and
fix the day Of commencement at an earlier day than the
/ 3lst Of March; but if we go beyond 1t, we create an IN
terregnusn, during which the Lieutenant Governor can
not act; aud in support Of this argument, they refer to
that provision of the Constitution, which provides that
the senior Councillor shall be the Lieutenant Governor
and in the event of "lhe death, resignation, inability or
absence of the Governor from the seat Of Government
shall act as Governor" and infer that as This would be 4
vacancy in the Office of Governor, created neither
by death nor resignation, the Lieutenant Governor
could not act. But is it not apparent that this argument
proves too much? Because the right 10 lnpeuch and re
move a Governor from office is a power expressly given
by the Constitution, and can be questioned by no one,
vet, in such a case, until a successor could be appointed,
there is no provision for the Lieutenant Governor to act.
So that if the argument he sound in the one case, 1t Is
equally sound in lie other, and if carried out to lis con.
sequences would prove, that the Legislature could not
impeach and remove from ofHce, because in lis exercise
an interregnum, as they call it, would be produced. Cen
tle,nen will therefore readily perceive the dilemma into
which this argument must lead thrm. And the gentle
man from Kanawha, (Ir. Smith, in order TO elude this
difficulty, has told US, that in the case of a removal from
office by impeachme nj, the appointing power, to wit, tile
Legislature, being in Session. would without delay make
a new appointment. That the Legislature in such n case
would without unnecessary delay fill The Office, is readily
admitted; but, in the very nature Of things, The art Of re-
movul and the act Of appointing Il successor. could not
be Simultaneous. but would in all. probability, involve a
snare of n month or more. in the ACCOMPLISHMENT OF the
two acts. The act Of removal. is by the Judgment of the
Senate, sitting as Court of Impeachment, and lis judy.
ment is wholly Independent Of the House of Delegates.
On the other hand, The elrcioR of 4 Governor is :nnde
by the joiM rafc of bulh Houses. Again; the act of re-
moval, must be ended and complete, before the const'u'
tional right TO fill the Office by 4 new appointment, can
accrue. l ho'i, therefore, that the lemp:nrhry vacancy
in the office Of Cove: nor, in the case OF n renewal ny
impeachment. is in all probability a matter not prnVihrd
for by the Constitution; and, like the case OF a change
of the time when the Governor Is 10 take ONCE, oy eX-
tending the period to a day 6eyond the expiration ut the
old term, will rarely occur, and when they do occur, VIII
be of but short duration. | know the opinion is htio ny
some, that in cases of removal by impeachment, inc
Lieutenant Governor would have a right to act: and lhis
mower il inferred from the nature and design OF the Office
Of Lieutenant. Governor. Whether this opinion be true
or not, | shall not undertake 10 determine on this occa'
sion. And so far as the present argument 10 conceinco,
the gentleman may take either side OF that rroPositinn'
for. if The Lieutenant. Governor can act, by virtue OF Inc
peneral nature and character of his Office, IN a temporary
vacancy crented by removal, he can equally act IN the
case Of a vacancy occasioned by the exercise of the le-
gislulive power, 10 change the time of taking Office
The one power is not more distinctly granted by the
Constitution than the other: and in the exercise OF both,
the same consequences follow. But another argument
in support of The substitute has heen attempted to be
drawn. from the possibility Of the legislatures abusing
this mower. And it has accordingly been said, that II
the Legislature can postpone the day beyond the exPira-
lion Of. the old term, for a day or a month, it mig mt do 80
for an unlimited time. The first objection to this argu-
ment is, thai, it assumes that the Legislature will abuse
its power. This ought never to be presumed, and if ad-
mitted, would equally apply to the power Of removal,
the power to levy taxes, and all the other great powers,
with which the people have clothed their Representa-
tives. But there is Il conclusive answer TO this ohjec-
tioa, in the fact, that The very terms of the Constitution
speak Ut the first day of January, or such other day. as
may from time to time: be prescribed by law. 1t is OBJ