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

term Of service at some remote date, which may
never reach. true construction Of the Constitution
| cannot lead to such absurdity. know it may b.
said, that the hole Government may be dissolved by
total failure the part OF the electing bodies, or OF
the officers elected, discharge their functions. 1t IL
apparent that such entirely different from tie
one am considering. Such dissolution of Govern
nent world proceed from failure 10 discharge legal
and constitutional dures In tie case am consider
ing The ncrregnum would be caused b. The exercise OF
icoitimate p0artr.
According 10 my construction Of the Constitution,
this power from time t. time prescribe by law the
day when the Governor $ term shall commence can be
egtmatey exercised at lcas, in Of casual vacan
cy occurring by death, resignation, &c. &c; and it
seems necessary and proper that II should then exist
because the chcf magistrate IS to be elected Tor
term nlthrce years, after which, he 10 be ineligible
for the next three years, there must be precis"
,lae fixed from which 10 count these terms; aud Il 10
most appropriately made the duty OF the Legislature 10
prescribe b. law It's then leads to no such
absudity ln,crregnum III tie Office oil Governor,
as it has been shown that II would IN the other case
Moreover SIR, cannot think that it could be the m
ention of the trainers of the Constitution, that the chief
nagsracy Of the State should be filled by man not
especially selected for that staten, when the Legs
ature the eecng body, has the opportunity Of choos
ing man expressly for II. say this without dsre-
spect 10 the present Lieut. Governor and without dero
eating at all from his merits Indeed do not certainly
know who is the Lieutenant Governor this time,
whether MIR. Patton or Colonel Rutherford Both
those gentlemen | hold in Lign esteem having
long known the former, | entertain for him n strong
personal regard and am satisfied that either OF them
would discharge the duties OF Governor admirably
we'll. But | looking 10 the true primer
Piles Of the Constitutions and think when vacancy
occurs, as in this case leaving twothirds of the regu
lar term yet run, It should moi be left TO the Lieut.
Governor To discharge its duties, but the Legislature
having the power to do it, should proceed at once 10
MI the oice 10 do this may require change Of the
law. BY an act Of the General Assembly, passed
February the 9Th, ISL, the Governor term OF
vice made to commence the :1lst OF March,
1881 and under that law, each succeeding term has
commenced the alst Of March; Gov. Gl!mers
on the 3lst Of March, le40. My opinion is that this
Legislature ought to enact law changing tue
day when the Governor term shall begin; and that
being DONE that this House should then proceed by
joint vote with the Senate, to elect Governor
Tor three years from the day 10 be prescribed BY law
These important questions have been suddenly sprung
upon US, without due time for delberaon and retlec-
ton but | have stated the conclusions which my mind
has arrived at within the short time which has elapsed
since our morning session, and on examination ot
the mere naked text OF the Constitution
Mr. CRCrcHrIELD reiterated the reasons which he
had advanced when proposing his resolution, but de-
MED that he had advanced the opinion that the
House had not the power TO pass tue resolution adopt
ed that morning.
Mr. GoopE ably enforced the views advanced By the
gentleman from Louisa, and would move that leave be
gwen 10 bring III bill to fla the time when the term
of Office should commence and that they should fix
day for proceeding TO the election Of Governor.
Mr. CuArMAS moved the adoption of the following
resolution
Resolrcd, bythc General assembly, That in accepting
the resignation Of Governor Thomas w. Gilmer, they
retain the fullest confidence in his patriotism and de-
yotion 10 the best interests OF Virginia; and while
they deeply regret the dite. ence of opinion which has
arisen between them in relation to the question winch
has caused his resignation, they cannot torbear To
press their high sense of the bold and fearless man.
in which he has maintained the rights of the
South in the controversy which unfortunately exists
between this Commonwealth and the State Of New
York
At the suggestion Of Mr.. GoopE, Mr.. CHAPMAN
Withdrew this resolution order allow the pressing
business on hand 10 be got through with.
Mr.. MAY concurred entirely in the views taken by
the gentlemen from Louisa and Alecklenburg, and had
prepared resolution which he would now submit -
That leave be given TO bring Bill to fix the time
when the OF the Governor of tins State shall
that the Committee have leave 10 SIT du
ring the session of the House.
Messrs. May, Goode Holiday, Cru,chfod, Wor-
Ellington, Fulton, and Strothcr appointed the Com
mittee.
Mr.. May after a short time, presented bill fixing
the commencement of the term Of service of the Go
vernon of Virginia from the Isl day of April.
The Bill Immediately taken through IFS different
stages passed. and sent 10 the Senatc.-ln a short time
q message received from that body, that il had
passed there also.
Mr. MAY tlereupon offered resolution that the lie
gisature proceed the 22t (Monday) the election
OF Governor.
Before the question the adoption Of the resolution
was taken, motion, the House adourncd.-Mr
CRvVCuIIELD having however, first obtained leave 10
Withdraw the resolution oteredby him.