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

And she laws on her last chip of wood.
Pom sufc rer; that sorrow thy Col oahy KNOWS
'ris q nos, bitter 10, 10 DC poor, when Il SHOWS.
VIRGINIA AEGEsEATURE.
-- on THE ELECTION or A GOVERNOR.
Substance. of Il Speech, dliucred By .Hr. NASH, in The Sc
mute Of Va, on .Monday, Tie lGfa aay o. 1annary, "pu OF
the foNo,o;ng Resolution and the Substitute MeTg0'' ~
fercd bg MIR. Smith, IF Kananha.
Z: Resofred 6v The General assembly,, That the Leg's'a'
ture has the power, under the Constitution "ne"eset "
vacancy occurs by death, resignation or oenerwtsei w. ' E-
office Of Gvyernnr, 10 change the period flxeo oy ID" 'oF
the commencement of his official term; ana 70 eiect d
Governor to take office from The period prescribed BY the
law so changed
g Resolpcd bv the General assembly, That whenever a
vacancy occurs in the efice Of Governor Of tins Com
monwealth, by death, resignation or otherwise, 'ne "
oislatnre has the power. under the Constitution, TO change
the time then fixed by law, Tor me conT.ncems"a VI
the succeeding term, to ANY other time 'ohtA may pre-
esde The expiration Of the official term, duT1hg which
such vacancy shall have happened
Mr.. NASH said, that he had been DESTROYS on SATURDAY
evening, to have submitted some further remarks 70 t"s
Serate. on this subject; but The latrneSs OF Inc houT nag
prevented him from doing so: that he would now avail
himself of the present occasion, not only TO present sonie
additional reasons to those ne had formerly urgeuin d
vor Of the resolution, but would reply TO the arguments
of the different gentlemen who had supported the SUI
s,;tu,e. That the present question is one OF some nicely
and difficulty, and which has for the hrst time arlsen
under the new Constitution, IS admitted oy at ana l
hope, SAID ne, Whatever may Ue uAt l"hpS"'6 N''
ences, and party discussions upon other suoJec's, tia.,
upon this topic, which presented 4 naked, constitutional
question fer our decision, we shall bring our minus 10
bear upon il, free from any extraneous influence "hat'
soeycr, and with the single object OF expounoing Inc
Constitution correctly, and OF ascertaining the exact eA-
tent Of the legislative authority.
Before | proceed, however, 10 consider The questlon
which the subject more Immediately presents, deem IL
nv duty to offer the general reasons, upon which rely.
for the authority of the Legislature to fill the office O:
Governor in cases of vacancy, before the expiration OF
the term for which he had been elected. Inns 9ueslioh
has been mooted in the public Gazettes, ana II not III
formal debate, al least in private conversations mere. ana
there are some among US, who entertain the belief, thal
the power Of electing a Governor under the ConsuIu,
ton, can only be exercised once in three years; ana
that if the Office should become vacant, from any OF
the causes enumerated in the Constitution, II Is Inc
right of the senior Councillor 10 act as Governor, until
the original term of three years had expired. lhIs OPP
MON was obviously founded upon that provision OF Inc
Constitution, which declares, that the "Senlor Councit-
Sc Tor shall be Lieutenant Governor, and in case OF the
" death, resignation. inability or absence OF the Govern
/" or from The Seat Of Government, shall act as Govern
or" The error which gentlemen fell into upon this
subject, grew out of their combining their view soiely 70
this paragraphs; thereby disregarding that well settled
rule of construction, in expounding all instruments
which requires us 10 look to the whole instrument, IN
order to ascertain its meaning, and not to a single sem
tence. This is the rule even in Courts OF justice, "nen
we are called on to interpret contacts or other lnstru-
ments And the reason Of the rule, applies with IN
creased force, when we are called on 10 interpret the great
Charter, BY which our Government is organized, and the
liberty of the people secured The leading inten!ion u
the Constitution, and the great object for which 1t was
framed, should always guide US in its Interpretation. 1t
is apparent by an inspection Of the Constitution, that the
Convention designed to create a Government consisting
Of three great departmen;s;t the legislative, the executive
and judicial, and the Constitution declares, that "the
1" chief Executive power ofthe Commonwealth shall be
i" vested in a GorcyRor, TO be elected by joint vote OF the
" two Houses Of the General Assembly, and moreover
requires that che shall have attained the age of 80 years;
.I shall bp n native citi1en of the II = or shall I'm ve been
" q citizen thereof at the adoption of the Federal Con
" stitution, and shall have been a citizen Of this Com
" monwealth for five years, next preceding his cleo
"tion." And upon the individual thus qualified, and
whose attachment 10 the community is thus carefully
guarded, it derolyes all the Important duties OF the
Executive branch Of the Governments: among others,
he is to be s'tle Commander-in.Chi OF the Land and
/" Naval forces OF the State, To embody the militia, when
" in his opinion the public safety shall require it, TO con.
" vene the Legislature, and grant reprieves and pardons,
with many other, Of the most important powers OF TO-
vernment. Is it then 10 be presumed, that THIS imPo1'
tsnt branch Of the Government, %conhded, Win such
evident caution and jealousy, TO the individual 10 be Sc
lecled as Governor, is 10 be devolved on one OF the
Councillors OF State, who may happen TO be tne senior
In office, any longer, than the necessity, OF ue cases
specified in the Constitution may demand! Inns view
OF the subject is further sustained by Inc TACT, tna' Tue
Constitution requires no particular quailhcallon OF d
Councillor Of State, either as TO age, length OF resi-
dence, or otherwise; but he may be selected from any
part Of the community, that the Legislature in its WIS
dom may think proper. 1t scems then to my mind very
clear, that upon the contingency of the death, resigna-
ton or removal of the Governor, the senior Councillor
may act as Lieutenant Governor, until the vacancy eau
be supplied Ut the next meeting Of the Legislature,
when the elective body is again ia existence. This po.
sition may be sustained by several other views OF the
subject; but one other only, will be adverted to. II 1t
he true that the vacancy III The office OF Governor, &C.
oasioned by death, resignation, or removal, could only be
filled at the expiration Of three years, the singular spec
tacle might be presented, Of The most important Office Of
the Commonwealth, being devolyed upon three separate
and distinct individuals in succession, for the period OF
nearly three years, neither OF whom possessed the qua.
lihcaiions so carefully marked out in the Constitution,
State; and that too, when the appointing body was in
existence, and ready TO perform its functions. But
forbear 10 press my remarks, upon TINS branch Of The
subject further, as understand on all hands, that the
power of the Legislature to fill the vacancy, by a new
appointment with a few honorable excepuons) Is ad'
milted by q large majority of the Legislature.
| will now proceed, Mr.. Speaker, to examine the ques-
ton, which is more Immediately presented by the reso-
luton and substitute under consideration-and in order
TO understand the argument on both sides, clearly, it is
first necessary, to state the question with precision and
accuracy. The resolution reported by The committee
declares, that in the event of q "vacancy in the office of
Governor, by death, resignation, or otherwise, the Lee
ois,aturs has the power under the Constitution, 10
Change the period fixed by law, for the commencement
Of his official term; and 10 elect q Governor TO take Of.
fee. from the period prescribed by the law so changed"
The substitute offered by The gentleman from Kama
wha (Mr. Smith) afirms, that in the case OF a vacancy
in the Office of Governor, by death, resignation, or other.
wise, the Legislature has the right to change the Time
fixed by law, for the commencement OF the succeeding
term TO any other day, which may prsetde the expiration
of The official term during which such vacancy shall
have happened. -
III 1oc o., - pnry Glands mes HE S0lSL Q6Y u MATCH