Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1837-01-12

bsG,ra the .xrirntion of the term The legislature
certainly could not uscriLe 10 the Convention 'e de
sign-and it the deliberate intention could mol he as
crbed to that body, the constitution onghl not 80 10
BIZ INTERPRETED as produce the cfect-o1 making 's
office migratory, and thus placing The Oh Tue
incumbent for time out OF me hands oi those In Whon
the elective power resided The Convention might have
me this had they seen ill., but they not To ascrbe
10 them SUCH an intention. when the means OF prevent
ing hn, OF things was brought into existence every
year.-TheIe was nothing in the Constitution which
made such construction necesSary-and to adopt IT.
would be to mpute t" the Convention the inen tion OF
authorizing Tire principle, unprecedented IN any "ihef
government that The Executive authority not only may
but must shift fro: hand 10 IlnC-when the power was
in existence render the office permanent lhc Con-
sulion provides that the Governor shall hold Office Ter
years-and it appeared TO MIR. 5 that the aclion OF Inc
senior councillor being only provided Tor IN cases OF ne
crssy that action must expire Win Tie Necessity WHO"
created it, pnstulae of the argument which had been
used in opposition this must be- that the power IL
the Legislature eject Governor occurred only once
in three ycarsth it existed only from irre years 10
three years, and having heel exercised at The commence
nenl Of each could only be exercised again at lis
expiration.
But, said Mr. Slanard let US observe by what CO.
gent reasoning such surposiun as lhs Is repealed
If the elective function OF the Legislature exists but
once in three wears observe what wond be tue effect
Of such Il restriction. A Governor is elected dur
ing The present session OF the General Assemby-suP
pose he should accept the Office that he accepts
aud from some unforeseen cause he slnduced shortly al
Ter to resign-or suppose him arrested by the hand of
Gea Immediately after his eecton-Wlat then: Would
not the Legislature have the power 10 elect anolhr!
Governor? Let Us suppose that Governor Iazewrl
were now Office. his term being 10 expire on The 3lSl
March next. The Legislature elects his successor and
he dies while the Legislature is still in session Would
be argued that because OF the supposed ieAaidf pow
of the General Assembly, they cnnId net supply the
place Of the Decreased Governor: Hut look nl annlier
view of this theory. After tie Governor has been elect
ed, suppose he dies resi- gnshe is not Governor IN
esse. bul Governor III p"sSe Who, at the expiration
Of The Of the incumbent is 10 take Office the coun'
cellor who is senior councillor al the Time OF The dcah
of the Guvernnr eject, the councillor, who is senior
councillor the expiration Of the incnmbents term Of
office If it is the first, lie be acting Govein"r. but
for few day most, and then The duties dcvort up
on another individual. who performs them until tic
commencement Of the second year of the terra, when
another councillor becomes acting Governor and
he is succeeded in the third year by another s-so
that the office Of Governor would have been during the
wlne term vacant and the Executive council would
have furnished thee or four persons TO ill 1t. Nlr
Stanard did not mean say that this ght not have
been su if the convention bad PLEASED: But he believed
that was& strained and unnatural construction or the
Cons luon which should authorize such anomalous
| state Of things. Yet these the inevitable consc.
qurnces Of the suppos"n That line power to eiec! Go.
vernon existed in the Legislature only trcnnunHy There
another consideration OF great potency, It was Ills
that there rule of construction which ought to
he strictly observed, in the interpretation not only
Of Fundamental laws but OF every formal instrument,
such wills aud dredsthan that! AS TAR US p!ncl!cabr,
the construction should be such 10 give effect 10 eve
| ~ provision in The nsrunent-The new Constitution
urescrbes that the Governor official term shall be three
Years 10 such day "aS may from time l"
time lie prescribed by law lie had already slewn
that in some cases, the action of the Senior cnuDcIilor
would be required, while the Governor still IN ONCE
in consequence Of his sickness absence, anu III which
the Governor mi ht after wards resume his functions
In these there could lie no change OF Lie day on
which the term commences because that change would
cancel and render nugatOy The rgh! OF the Governor
to hold r office for three years. But tbs was net such
case: The clause that he had cited. Showed that The
power To :s r day from which the GoveInc! took Of
ice existed the Legislature, and 10 decide TIA! 1t did
not would render nugaory the provision tina! the day
should be fixed by law.
Mr. S cUneuded that the term Of the councillors
ton was limited to the close Of the year during which
the vacancy occurred The right Of the councillor was
invaded by the election OF Governor. The argu.
me whcl assEIcd that a continuance IN the oihce was
vested right OF the COUNCILLOR petilio prncpu'n:
because must first he ascertained what the rights Of
the senior councillor When the Legislature con.
vened in the Capitol, they did not invade his right by
epcng Governor-iur it was not only the right OF the
Legislature do co. but they were bound To perform
that duty Ii i, the true construction Of the Con
sulion US he believed that the substitution only
intended continue during the remainder OF the year
in which it took place, the Legislature would be gully
OF derelction of duty if they did not elect. MIR. s
said he would not go further il was not necessary
at this time to touch upon The expedlency OF changing
the law fixing the day which the term of Office shall
Ii that subject should hereafter be offered
change would be most I'M udlcpus.
Mr.. SrASAnD then moved to amend the resolution re-
ported by the committee, by adding the words "by the
General Assembly,, as to constitute It joint reso!u-
lion Of The two HOUSES
NJ Booker said he trusted the amendment would not
prevail but that the resolution would be adopted as II
was because in the latter case, he should propose that
the House proceed to act upon the declaration
contained in the resolution. lie should follow it up By
bringing in bill providing for the exercise OF this right
by the Legislature. He should be unwilling 10 make
what might he considered barren decIaaIlnn uncalled
for By any necessity; aud he thong the very case IN
which the exercise Of the elective power was required,
had arrived: and That, at convenient petlnd the ouse
GU gt 10 proceed to elect Governor RE was mol will
nT that any NAN should be the Governor Of this State.
by mere accident; by any power, except the Will ct
the Representatives of the people, Mr. b. was proceed
inc to make remarks TO the time ct the com
ucuccmcrt Of the Governors term; but the Speaker
said that question OF the time was not now under
cunside ration Mr.. Is. asked whether would not be
in order for INN show, that it was esscna! that Co
vernon should be elected now and therefore that this re-
solution ought not to he mace subject VI the loit &C
ton Of the Two Houses:
The SPEAKER said such all argument would be III Or
| der
Mr. SrASARD said the gentleman from Buckingham
might after this resolution was agreed To, introduce
motion to bring in bill
Mr. BOOKER said he opposed the motion to make this
Joint resolution because II after It had passed he should
move 10 bring BILL he should probably be told that
he must wait unit, the Senate had acted the joint
solution. He wished the question decided practically
| and not theoretically.
Mr. SrAyaRD's amendment was then adopted and the
resolution us amended agreed to- by ayes and noes
as formerly reported.
Mr. BOOKER moved that leave be given to bring in
bill fixing The time at which the Governor shall take OIL
flee on sHie day previous 10 the 3ls Of March next,
| MIR. WILSON OF B. suggested modification Of The mo-
tun so propose the appointment, OF committee 10
consider the expediency Of bringing ina bill tor that pur
pose
Mr.. DoonIn Gail he had no objection to the mndifca
ton; but rs he adhered To his vote against the joint
solution he would rather his motion should be amended
on the motion ci the gentleman from Bntrtourt.
| Mr. WisuS then moved TO amend alr Is resolution;
his motion was agreed, and the motion was adopted.
! The SPEAKER appointed the following gentleman
! committee on the subject: