Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-03-23


;hcy had he thought 10 man would doubt Why,
therefore, should tie Governor fail into pet, and
throw up his commission, SIMPLY because they mac
yentllred 10 discharge their dniys Their Governor
had resigned and they had now no control over Inn
The matter had passed beyond either him thcn so
far as he WAS concerned The Lieutenant Governor
was now the proper person 10 discharge the duties 81
the Exccu,ivr-and that officer he had no doubt would
discharge his duties well and faithfully lie could not
vote for the resolution
Mr. IIoLLApAY said-Mr. Speaker, cannot vote Tor
the resolution offered BY my friend from Spottsylvann.
If adopted it Will be but The separate resolution OF thus
body, while the Governors resignation IS made TO tie
General Assembly; and if il be competent to hun
in any event to Withdraw it, it would require the con-
not Of the House Of Delegates alone, but of the
General Assembly, consisting of both bodies, the Sc
nate and the House of Delegates. But am decidedly
Of opininn that the resignation is complete; that Mr.
Gmer is no longer Governor; and that he cannot by
Withdrawing II IN any way resume the Office cannot
agree with my friend from Spottsyyana in the regrets
he has expressed the action ofthe Legislature
which has caused this resignation. The resignation
itself has taken me, and think every member of this
body by surprise. neither desired nor expected IT,
had the remotcst idea that the adoption OF our reso
luton would lead to 1t. What was that resolution:
Simply that the fugitive from Justice lately demanded
of Governor Glmer by Governor Seward, ought to be
surrendered Why was this resolution adopted: be
cause, feared that when it became known 10 the
world that the Governor of Virginia refused I" sur
render fugitive from justice demanded ny the oo.
vernon of New York. in a where the constitutional
obligation to surrender plainly applied, (as admitted by
hmselfl and this too during the session OF the General
Assembly; If we remained silent, our position might
be misunderstood be supposed that we are not
firm and united this important question, and that
there was something of wavcring hesanry IN our
course. We wished II distinctly understood that while
determination is fixed assert all the constitutional
rights of Fre relative 10 the surrender Of fugitive
slaves and ugves from Justice il is our most decided
opinion that all the obligations other States imposed
on our Governor by the Constitution and the law
should be scrupulously fulfilled that we declined do
nr The same Justice 10 n. York, which we demanded at
her hands In adopting the resolution said and did
nothing injurious 10 the Governor; nothing Of which
he could complain. Though we differed with hun as
to the propriety of his course and thought important
10 declare that difference to the world, by
luton yet in the preamble 10 il gave him the credit
which he Justly deserved of acting from the ghest
and most patriotic motives. lie acted from his own
sense of his duty; acted on our sense OF our duty
am the last man who would say or do any thing
discourlcous towards Governor Glmer. My personal
relations with him Of the most friendly character
| admired and approved his course upon this New
York controversy up to this point thought he had
conducted it with spirit and ability, well SUSTAINING
the honor and the interests Of Virginia, and doing
credit to himself. And now, Sir | approve Of his
designations for he has made il in order that the action
Of the different departments of our Government on
this important question may be harmonious. So far
therefore from regretng the adoption OF the resolution
which has caused his resignation, now say, that II
we had 10 act upon the subject again, with the fu!l
kno, ledge that the adoption of the resolution would
cause Governor Gllmers resignation, would not he
state for one moment. consider il matter Of in
fni,cy more Importance, that our position on THIS sub
ltct should not be misunderstood, and that we should
row present united and unbroken front, Than that
Mr. Gilmer or any other particular man should be Co.
vernon of Virginia. But, Sir, have said the resig
nation is complete, and Mr.. Gmer is no longer Co
vernon 1t is astonishing to me that there can be doubt
upon this subject. There is the paper containing the
resignation on your tabe-herc debating the
question And ask, if, at ths moment the Exc
cuive of Virginia called on to discharge an
Executive function, 10 commission officer, or to do
any other Executive duty, who would act. Could
Mr Gilmer No man think Will maintain that he
could Your Senior Councillor, the Lcutenant-Go-
vernon, would act. And II Mr. Gilmer cannot ACT,
why can lie not Simply because he IS not Governor
if he not now the Governor, he cannot become
by the withdrawal of the paper containing his resg
nation. While that paper was under the controul oil
the Governor, the act was incompetent was but IN
chcac-the matter was yet IN fcrt but SO soon as II
came under the control OF the General Assembly, the
act was perfected and Mr. c. tunctus odcio If the
be complete, soon as the paper Comes
under the contoul ofthe General Assembly, when ask
is ii complete What more IS necessary 10 complete II
Is it necessary for the General Assembly to decline It's
acceptance of the resignation; If So, then we can
We NAV refuse 10 accept 10 the end of the term, and
he may persist in rcsignng. We may request him 10
withdraw at once and he may refuse: may request
il second time and he may refuse again this may
occur third time, and 50 on 10 the END OF me chapter
In such case, when, ask, would tie resignation
take effect; Why, surely from the moment when u
passed from under the control of the Governor, and
came under that Of The General Assembly. II III
would not take effect from that time, We would be
holding the Governor in o.ce against his viii, taking
,f u oh 10
the Constitution.
But Sir, if the resignation were not complete, and
il were competent 10 the Governor TO retracl IT. tor
one would adopt that resolution and ask him to do
it, He has not requested II; no Trend OF ms has sad
that he desires H. that he would reirac II II we re.
quest H. Under these circumstances, II would he de-
roratory To our dignity should consider 1t absolute
~ humiliang us, to solicit han to resume his Office
ask moreover, is it proper that we should solicit his
continuance in office, when he distinctly tells US that,
sh cd he continue TO act Chief Magistrate, Il
sense Of duty would constrain him 10 pursue course
opposite to that which deem necessary 10 preserve
The integrity of the Constitution, and TO place Virginia
IN the highest ground demanding her rights OF New
York;
1t has been said in this debate, that may rcelect
Mr. Gncr. think not. Not only IS his resignation
COMPLETE but lie is Ineligible to the Office, accord
ng 10 nv construction of the Constitution. II pro-
vides that the Governor ''sha hold his Office during
The of three years, TO commence on the hrst day
,f January next succeeding his election, or on such
other day as nav from time 10 time, be prescribed BY
aw and he slaH Le incijsiLic 10 Mat cGcc j"r three
yea,s ne MFR lis rm q serrFe s.sa race t,%Ir'e
Thus i, is evidently the intention OF the constitution,
hat The Governor whenever elected, shall be elected
for term OF three years; and that no Governor IS to
serve for more than three consecutive years at time
,t,cr which. he becomes ineligible for the next three
years Governor Gllmrr has already served nearly one
year. if now rr-electod it must be for term OF three
years and the expiration Of that te' ne WI nave
served for four consecutive years contrary 10 lhe pam
intent and spirit Of the Constitution therefore tE!nk
him now ineligible 10 the eiiice
But my friend from the county of Tyler has advanced
the opinion, that in case OF vacancy occurring W e
RESIGNATION Of the Governor, the senior councillor, who
is Lieutenant Governor, must act as Governor through
The balance of the term and that It IS incompetent to
The General Assembly to elect new Governor 10 60
mic office before the expiration Of the term Of three
years for which the late Governor was elected Win
due Difference TO hun, must dissent from this opinion
think that we can 90 into the election of new Go
vernon before this Legislature adourns and that We
ought TO do it, It is true, perhaps that sc cannot elect