Jeffersonian Republican. [volume] (Stroudsburg, Pa.) 1840-1853, 1849-01-11

of Governor of this Commonwealth, and there
upon under the provisions OF the l4th section
of the Cd article of the Constitution, which de-
cares, that "in case of the death or resignation
of the Governor, or of his removal from office,
the Speaker of the Senate shall exercise the OIL
flee of Governor, until another Governor shall
be duly qualified" the duties of the Executive
Department of the Government devolved on me
| Official information of the act OF resignation
did not reach me until the 18th day OF Jniy, lS4o
'Fhe section of the constitution herein referred
to, also declared, in reference to the same sub
| ject, that lin such case another Governor shall
be chosen at the next annual election OF Repre-
sentatives, unless such death, resignation or re-
moval shall occur within three calendar mouths
Immediately preceding such next annual cleo
ton; in which case Governor shall be chosen
at the second succeeding annual election OF Re
presentalives." By the 34th section of the act
of the General Assembly relating to the elections
| of the Commonwealth, it is provided that I'm
case any vacancy shall occur in the office OF Go
vernon of this Commonwealth, more than three
calendar months next preceding the Cd Tues
| day in October in any year, 1t shall be the dutv
| of the Speaker of the Senate. or whoever shall
be in the exercise of the office of Governor. to
issue his writS to the Sheriffs of the several
counties, requiring them TO give the usual no
tice, that election to supply such vacancy
will take place on the second Tuesday in Octo-
ber next thereafter; and when such vacancy oc-
ours within three calendar months before the
second Tuesday in October, it shall be the duty
of the Speaker of the Senate, or whoever shall
be in the exercise of the office of Governor, to
issue his wrts as aforesaid. requiring notice of
such election on the second Tuesday in October
next, after the issuing of said writ, and In each
case said writ shall issue at least three calendar
months before the election"
An examination Of the constitutional provl-
sons Of the Act Of Assembly and the clrcum-
stances Of the resignation, will satisfy you, that
while the resignation occurred more than three
calendar months before the next annual election
/ of Representatives, it took place a: time rem
derlng compliance with the act of assembly in
relation to the issuing of writs, utterly impossi
BILE. In this view of the case, it night have
been deemed compliance with duty TO have
refraned from all interference i'll the matter, in
asmuch as events had put ii ou, OF my power TO
comply with the terms OF The act Of Assembly,
directory of the mode in which the constitution
al provision on the subject should be carried in
to effect.
After full and careful examination of the
whole matter, believed il my duty to Issue the
writs requiring notice to be gil, en-. that eiec-
ton would be duly held on the second Tuesday
OF October next then ensuing. Tor the election
of Chief Mag strate of this Con- monwealth =
1t appeared to me, that In all cases OF doubt.
there was no safer resting place than submission
10 the declslon OF the people, and that in the
construction OF the laws, relating to the point IN
question. IT any doubt arose, the better course
IN republican government, was to refer to the
citizen voter the right of selecting at the earll-
est period his presiding officer rather than as,
sumo position which would continue official
station in myself, beyond the earliest legal OPP
/ portunlty TO surrender it into his hands. The
organic law required the election, and the Le
giSlative enactment should be so construed as
not to conravene the Constitutional provision
/ Had the terms Of the Constitution and laws
clearly given different position TO the question,
however unpleasant the task of performing the
duties of the office without the endorsement OF
the peoples will, they would have been faith
/ fully executed.
/ In assuming, as Speaker of the Senate. the
exercise of Executive functions, although not
deeming 1t absolutely necessary, prudence sug-
gested the proprety OF being sworn to faithful
discharge OF the Executive duties and an oath
TO that effect was administered to me by the
honorable the Speaker of the House of Repre-
sentatives.
A law requiring in all cases Of death or res
ignation Of the Governor, or ofhs removal from
office, that writs TO the Sherffs of the different
! counties shall be issued as soon as the Speaker
of the Senate shall be officially informed of
such death, resignation or removal, and requr
ing, further, that the officer assuming Execu-
tive functions should be sworn in the same man
ner and to the same effect as in case of Chief
Magistrate indicted into office, determining also
the person authorized to administer the oath,
would obviate future doubts, and the same is
respectfully recommended to the Legislature.
1t is worthy the attention of the Legislature
and the people, that no provision exists in the
Constitution, in the contingency of the death or
inability to serve, of the Speaker of the Senate
after the death, resignatioh. or removal of the
Governor for the selection OF presiding ma
gistrate. Such ali event happening, the gov
ernment would be left without a constitutional
hofficef 10 carry on lis operations. a omission
of such importance should be supplied al the
earliest possible period.
Resolutions expressive of the profound sor-
row OF the Legislature, for the death of that il
lustrious patriot aud sage. John Quincy Adams,
and of coincidence for the family in their be-
reayemeni, were passed by that body at its last
session and the Executive was directed to
transmit the same TO the widow and family OF
the deceased. The letter of the late Eyecu-
tive in the performance of that duty, and the
reply Of tile venerable survivor, are herewith
transmitted.
The attention of the Legislature having been
called TO The neglected and suffering condition
of the insane poor OF the State. an act pass
ed on the 4th day of April. lSi5, providing for
he establishment, Of an asylum for ,hs unortu-