Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1841-04-03

SIDNEY s. BAxrra, Attorney General.
TO his Ereeiisney J. NJ Patton, GorernOr Of Va.
Sir; have the honor herewith to send INV off
S opinion on the question on which the Executiv,
have the honor to be,
| Your obedient servant,
| s. S. BAXTER.
OPINION FOR THE EXECUTIVES.
ne resignation OF Governor Gilmer and the
vernon, has raised the question: whether nh.
OF tue present Lieutenant Governor expire, on Nh.
Sist oil March, and is then TO go i'm rotation r., ,hS
men oldest Councillor; or, whether il remains viii
| termi " WIG e"u VI inc
The question arises on the last sentence oe Tho s,
ecuon oi the fourth article of the Constitution 4,
Is IN these words: "rhe senior CounciIIor sL,iI
oe Lieutenant Governor, and in case of the de,,b
rs iuo"' lnaoilty, or absence OF the Governor
nor" ''' "e' as "oVer'
me senior Councillor here spoken of !, IN.
ouest member of the Council, viz: the n.cmb.r
no Is IN the third year Of his term of service 'rbe
once OF lseutenant-G Governor is moi nm OFF,. g..
crate and distinct from the Office of Counciiin' ~
~hiIe the Governor is at the seat of Governn.n,'
me senior Councillor discharge no Other dn,;.
man those OF Councillor; he sits at the connc;I
SouI anu ADVISES precisely as any other Council
'or ADVISES Ii is only in case the Governor 20 a.
sent or vaeates his Office, that the senior Connc,i,
VI Leutenant-Governo do any other acts ,b,n
such rs are done by Councillor. In such case Io
acts as Gorernor NNse' ho
Now, he may act as Governor. wi,bou, hahn,
ae'uaIY uoveInor. And the question then is is
ne transferred from the Office of Counc;lIor 80 -,
VI governor, or does he remain CounciIlor ,oJ -,
as Governor pii tuie ofeii2 NV
lie certainly is not transferred from, the of6.. Of
oouneilIor TO that of Governo-, because he s,,II
tains his Office OF Councillor bv vi,,no oc S nc
sha' appointment and qualification On m. >.
'u' W Tue governor 10 the seat of Government m.
se"'or Councillor Is entitled to resume his sen, n,
BOARD, and discharge his duties as Conn
e"'or without any new qualification or ,,oo;,,
ment. This proves his Office of Co,n.;,ip,p ,'
was vacated toy his acting as Governor Conho
III uis once oil Governor and Councillor both
.nis, mere are two ohjectons-first. the offices
,e np'tioIe; second, the Office of Governor is
aTeauy hIled by another person. and there conno,
be Two ncumbents of the same office Th;s i
" Tue case OF the absence of the Governor and H.
Sohsutntlon does not distinguish between ,be no,,
CO o' senior Councillor TO act as Governor !, Cos.
- vacancy oy death or resignation of the Cover
nor ana the absence of the Governor. From r.
grounds, draw the conclusion. In, ~ .N"'s
oo""CIiIor does not become Governor but con,;nn..
90 OnuhciIInr, and acts as Governor NV virtue
81 MS once OF Councillor 1t follows, IN II when
eY;s,s I' Councillor expires, the power which
ceases. "S' Us uo'ernor,
docs thls power to act as Governor 90 in rot,,;or
Nie next OLDEST member Of the Counci7 Sucb
r %s oeen the uniform practice of the Goyernnsn,
nc member of the Council in the third venr of his
mas always (when present at the seat of Go.
'ernmen') beer regarded as Lieutenant Govc,nor
aI.s as Governor When his lie m of service ex
80, nc Is (n not re'elected) no longer n merbc,
" .he CouncI, and has no power to Discharges eitb
81 'he regular or ex oicio duties of CounciIlor n
nc DC re elected, he IS Councillor by virtue of his
new appointment and qualification, and he ,oE. w..
sa"S from II; lie is junior Councillor and ex
ciloT The Councillor entero, the , Toun-
OF once is then senior Councillor. becomes Le5,en
'"1 ~, Governor, and as such acts as Governor
Inc conclusion is, that the CounciIlor cn,.ri0.
on me MIRO year Of his service on the first of Ami
oeeones then Lieutenant Governor, and is To nc, a,
governor until his year expires or the y,r,nca G
"''eu ny the Assembly S. S. BAXTER
March 7o,L ,o,, .Htorney General