Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1839-01-24

before he can act Take the case of a vacancy
ring by death; the Governor is bound TO have full
and Complete information Of the fact, and by chance
he should be imposed upon, and 1t should thereafter
appear, that tie member still alive, can any one
doubt that the writ aud the election held under
it, would be wholly void and that The old member would
be still entitled his seat Let suppJs" also, The
case of resignation by the returned member during a
contest after all the testimony both sides had been
aken by which il clearly shewn that The cohlesli"g
member entitled To his seat, and that no vacancy
existed; can be doubted if the Governor issued his
writ IN such that the writ well as the elec'ion
held under H. would be void and confer no right on the
newly elected member; Yet if the principle OF the re-
solution, reported by The committee, be true yon re-
que the Governor to perform act which IS V"id IN
ITSELF, and which confer rights upon Inc ndlV
dual elected uGder his writ In AID OF this we" o. The
question: there Is further argument to be deduced from
the legislation OF The country upon the subject Of vacan
ces In the 2Sth section of the General Election Law
passed Immediately after the adoption OF the present Con
suton, and by the aid Of many Of those who had been
most active in the Convention, in framing that nsIu'
ment it is declared that "when vacancy shall by
death resignation, during the ofhe General As.
sembIy, wriis shall be issued by the Governors
and Ill other Of vacancy such writ shall be issued
by the Speaker OF that House whereof he was member
But if the vacancy be occasioned by HE acceptance Of
ntFce The rru iGrS shall not lie issued uHh0ut The
Spcc1i Crdcr Of the House. Here it is apparent, that
Tie OF the Assembly, in the Of vacancy emu
rnera'cd the Constitution follows the Constitutional
provision upon the Jet; but in OF vacancy &C.
curing from the acceptance OF office, The Legislature
to itself the sole power Of Judging what dnrs
amount to the acceptance of Office Incompatible with
the Office Of Senator Delegate; other words,
whether vacancy has thereby been created or no-
shelving The extreme Jealousy of both branches OF the
General Assembly in guarding The rights ut It's members,
and in the assertion O their exclusive right TO Judge OF
the election, qualification, &c oil the members OF It's
own body.
/ am aware, MIR Speaker. that much of the embar-
rssSmcnt which arises in the consideration OF this ques
tiun proceeds from considering the individual who has
ohtaned the certificate, as having thereby obtained
perfect right 10 The office. This is certainly errone
of the question His title to the Office is only
inchoale He holds the certificate of The officers who
conducted the election, and is prima lacic entitled TO III
but the Of Assembly gives his competitor twenty i've
DAYS, within which 10 institute con est to try that
right and if he resigns within The twenty i've days, or
after contest has been actually commenced his resgna-
is nothing than an abandonment OF an imper
feet right the Office which the pending contest was
des gnsd 10 settle. How a resi- nauon, Then OF an
imperfect right TO Office, create complete vacancy
Is IT, ask emphacnly, such vacancy the Constitu.
ticn conemplAes to be filled by writ of elcction
Can any other vacancy be intended by The Constitution
,tan perfect and complete vacancy clearly asceralned
and free from all rational doubt: humby presume not
For The purpose Of placing my views upon This subject,
IN clearer light before the Senate, II may not be aniss
10 point the distinction which exists between The
case under consideration aud that class OF cases IN which
the resignation of the returned candidate lakes place
after the lapse of twenty-five days, and where no con-
In such cases, the twenty five days he II.
imitation prescribed by Jaw for beginning contes) have
passed by nd no denies The right of The Individual
who holds the sherFs certificate TO The Office, although
the fact Of his being returned must have been proclaim
ed upon the Hastings and posted up at the door o the
Court House according to the act of Assembly. de,
them is the only individual earth who can claim the
seat and if he resigns all his right 10 the Office although
be but imperfect right, yet II IS all the right which
any has, and that he abandoned 1t leaves, be-
yond the possibility 81 doubt, the olhce vacant In
such n state OF things, there can be doubt about the
fact of the vacancy aud the Governor bound 10 issue
the writ Such was the of Ed T. Marshall OF Fau
quIer, when the Governor very properly issued new
writ But, said, that the Governor cannot 0ihciay
know of the tendency Of The contest and that would
be proper to make his cunsn onal powers depend
upon his having knowl dye not OF the tendency oil
This objection is plausible than sound, and
little reflection will at show Its tallacy. he Hn
vernon is require writ whenever vacancy
by DEATH YETI there is no law by which that Tact
is required be reported 10 the Governor III any paiti
cuar mode, or within any particular ume-And H. tor
the want Of information upon the subject. The Governor
should omit To issue the writ that want Of Information
would be good mOlter of excuse. But, II the TACT be
made known in any mode whatever, so as to be Ire 4"
all doubt not The bounden duty OF the Governor To-
acl2 So in the OF the prndency Of contest Of
which lhe Governor has Information IL he issues
writ, he may be excused for the act, on the ground OF
his want of knowledge o. the contest; but II me iact
be made known 10 him. he is at once apPrized oil s'te
of things which, i! my previous views be right, "L bids
his action But the Governor had information 81 The
contest in this case, and, contend, official ini"rmaon
thu letter Of renOns,rance OF citizen drfcly 10
be affected by the official % The Governor: not unlike
the case OF memorial rennnsrance OF justice OF
the peacc whose claims the shertay may have been
overlooked by the county court, whose duty II Is l" ~"
inmate suitable persons for that office, from among The
Justices of the peace for the county If citizen not IN
The commission .: justice Of the peace should receive
the nomination Of the county court and that TACT br made
known TO the Gu.erno! by indsputabIe evidence, can
there doubt that he would be bound TO act upon IT,
aud to withhold the commission? presume not Yet, The
law does prescribe any particular mode or time IN
which this fact shall be made known. lh0!d, therefore,
that the Governor had official information Of the ac
that a depending, and was bound by that IN
formation.
| have now MIR. Speaker, submitted my views upon
the first resolution OF the committee, and Of the snbst
,ute and shall patiently listen 10 any arguments in oppo
si,,on 10 them, from any quarter My views upon The
other resuluons contained the substitute will be gwen
at the proper lime
Saturday, january 10
SPEECH OF MIR. BOULDlN.