Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1837-01-12
VIRGINIA LEGISLATURE.
HOUSE OF DELEGATES-Wr dacsday, Jan. 4.
GOXERNOH'S TERM OF OEElCE
DEFERRED PROCEEDINGS.

of Courts of Justice WIS., on motion Of Mr. WILSON Of
B. taken up, (havirg been laid the table yesterday
Resoired as the opinon If this Committee, That the
General Assembly have The power under the Consttu
ton, whenever vacancy occurs By death resi- gnann
Of the Governor, change the p1iod fixed by law for
the commencement Of his of:ciu terIn and to elect 4
Governor TO take office from tue period prescribed by The
law so changed.
Mr. SrANARp said he would no. ..roub!e Ike House
with any remarks this subject. butisa1t members
seemed experience considerable difficulty in arriving
at correct conclusion UPON it, and might therefore lie
DESTROYS Of having concise view of the reasoning
which had operated upon Of the committee by whom
&he report made. And although question so
difficult this it might not be possible to attain entire
unanimity, yet, it question under the Cons,u
ton first brought before the Legislature, twas i'm
portant that it should be decided byH vote nearly
unanimous possibein order thasHhe question might
be de6nitively settled 1t therefore proper that The
for the report should be given to members who
had not formed their opinions. MIR S. had stated to the
House yesterday, that the first view Of the question:
his opinion had been, that the Legislature could not from
the nature of the Office and the constitutional provisions
in regard 10 it, alter the erm change the periods at
which it should commence; but that further reflection,
had induced change Of that opinion. The House
would perceive that the question could be considered in
general specific form. The inquiry before the
mittee specifc-it was whether in the specl
fed in the resolution, it in the powe.o the Legs
lature to change the law? and therefore il implied The
power to change it only in those The preprety
Of this limitation would be made apparent 70 the House
power to change the term while the Office full
while Governor in ofice-though absence
other disqualification prevented him from performing his
dutieswas obvious from The words OF the Constitution
They provide that the Governor shall take Office from the
rs day ofJunuary, any other day which may be fixed
by law, and from that day he shall hold The office for three
years The day has been des gna,ed by law-it is the
3ls Of March, Suppose the office to be iu but vacated
by the absence other disqualification of the Governor
there would be this nsuperabie objection to altering the
law-that IT altered the commencement of the term of
Office must be brought back TO earlic postponed
to some distant day. You cannot do the first, be-
cause according 10 the mandate OF The Constitutions the
Governor is 10 remain in Office the full of three
years-and he must remain, uSess lie resign die be-
tore its termination If the Legislature should appoint
Governor to take Office at antecedent day. he could
not take Office at that period because il woEd Interfere
with the term of the Incumbent and thus abrogale the
constitutional prescription, which stands insu-
perable impeachment to fixing the term e~vlier
period. 1t might be supposed that TIM Legislature
had the power 10 postpone the commencement of the
term. But 10 that there was the objection, t!et II
postponed beyond the period al which The term of the
incumbent expired On interval would OCCUR, dUring
which there would be Executive, and consequently no
Executive FUNSTON could be performed. The constitu
ton only provides that the substitution of Councillor
shall in Of the resignation DEATH inability or
absence of the Governor 1t does not provide for the
substitution of Councillor during this ineregnun,
it might be called. Therefore insuperabe objection
existed to posponement of the commencement OF the
of the office to date beyond the expiration of the
solution reported by the committee would meet the ap-
probation of the House. The Legislature was, it APP
peared called upon 10 declare the Interpretation of
Of the clauses of the constitutional recently adopted
and in doing this there certac principles which
ought always to sc kept in view Every adniit
that would not TO the convention 10y which
the constitution was amed to ascrbe to that body the
intention OF leaving the Executive functions 10 e per-
formed by individual elected for that purpose
yond the necessity for che crvrnton Of those duties
upon such person: If such purpose could no, be
supposed to exist in the trainers of the constitution then
the construction OF lis provisions ought M. IN ho Suo
unless the language clear end beyond donbt, TO
give it meaning which il could not be supposed they
intended TO give it, lie admitted that where the Ian
Suage explicit and beyond doubt, it nottor the
Legislature to ask whs: was their meaning. Its
duty in such case was obedience. But here u
case in which there doubt TO the meaning,
and the question must be decided by the apparent
intention of the convention from all the provisions
on the subject. Now let us look at The clause
It provides that " the senior Councillor shall be Lco-
aenant Governor, and in O.! the death, gnaon,
inability absence of the Governor from the seat of
Government shall act as Governor This clause
ly provides substitute in the cases mentioned, Of the
failure of Governor 10 act 1t does not prescribe the
term during which the senior Councillor thus subsiitu
ted shalt act ia either OF the contingencies enumerated
It would then, that the period TO which his services
must be limited, extends only from The commencement
of the failure of the Governor TO act, until those fuac.
lions are resumed BY the incumbent, until new Co
vernon be appointed 1t was true that the death or
resignation OF Presdentto lot The United Siaes would
devolve the duties of that office upon the Vice ,PreSl
dent for the residue of the Presidents term But the
ssses were far FROM being parallel There being
provided by which another President could be elected
until the expiration ohe Preside term by necessity
the Vice Presdent must act until the occurrence Of
Their election But in this the elective power could
be exercised previous to the expiration Of the Governors
term of Office. The elective power was in the Legisla
ture, and was trough, into action every year.
Now, as It was evident that it was only intended TO
l,,r;p
The fair construction of the provision was tina. The sub
sttu,on was only 10 I've made commensurate 10 the ext
rency when it occurred And hence, it would follow,
hat 80 soon as the obstruction could be removed ought
% "a removed As in the constitution it provided
fut only on the specified OCCASIONS the senior council
ior should act and as the length of time for which he
should act was not declared, MIR s. thought II clear
hat his action was intended 70 be only long as the
necessty for existed which until the organ should
sean be revived by which the vacancy could be supplied
There was less difficulty in arriving at this conclusion,