Richmond daily times. [volume] (Richmond [Va.]) 1850-1853, 1852-02-23
VIRGINIA LEGISLATURES.
SENATE.

the time of completing the Seaboard and
Roanoke Railroad.
The question before tho Senate at the hour
of adjournment ycsterday-the proposition of
Mr.. WtrCHER to strike from the bill ssprovi-
ding for the discharge of the Executive func-
tons in certain cases." the second section
now came up in order. The whole bill is as
follows;
"Be it enacted by the General Assembly.
That in case the office of Governor, with its
compensation, shall devolye upon the Lieute-
uant Governor. aud he shall be removed from
office or shall die, fail TO qualify resign, remove
from the State or be unable TO discharge the
powers and duties of the office, thon the At
torney General elected by the voters of the
Commonwealth: or if there be no such Attor-
ncv General, thenthe President of the Senate
pro fcNpore: or if the be no such President,
the Speaker Of the House of Delegates shall
discharge the Executive functions until there is
a Governor or Lieutenant Governor who can
act. When a person filling the office of Pre-
sideut of the Senate pro tempore, or of Speaker
of the House of Delegates, shall have COM
menced discharging the Executive functions
under this section, his authority to discharge
them shall not be terminated by another's be-
ing appointed his successor in the said office of
President or Speaker.
"When there is not such inability to discharge
the powers and duties of the office of Governor,
as is mentioned in the Constitution, but only
Il temporary inability from sickness, or when
the Governor intends to be absent from the seat
of government. he may notify his tempora-
nv inability or intended absence to the Sec
rotary of the Commonwealth and the Sec
rotary shall enter such notification and the
time of receiving it In the book containing
the record of the Governors official acts where-
FL, hall
the Governors abseucc or temporary inability.
be discharged by the Lieutenant Governor,
if. at the time the Secretary receives such
notification the Lieutenant Governor is at the
seat of government. otherwise by the Attorney
General elected as aforesaid, if at that time
there be any such at the seat of government,
and if there be not then by the Secretary
of the Commonwealth.
This net shall be in force from its passage. ~
Mr.. BRENT being entitled to the floor, ad-
dressed the Senate in favor of Mr.. Witchers
proposition. He said that the operation and ef-
feet of the bill is to supersede the Executive
functions IN certain cases not enumerated in tho
Constitution, and conters them upon other Off
GERS, under certain circumstances to the cxcu-
sion of the Lieut. Governor. No law can COM
pei the Lieut.. Governor to act as Governor in
any case other than such cases specified in the
Constitution.
Mr.. AMBLER was surprised, after an examn-
alton of the bill, TO see the importance given it
by some gentlemen. 1t had been contemplated
for many years to have Il regulation similar to
this. Mr.. A. read from the Constitution of the
United States to show that there was differ
| ence between the cases contemplated by this
bill and those referred to in the Constitutions
real by the Senator from Pittsylvauia. The act
passed by the Congress of the United States in
L. 4
" showed that the clause of the Constitution
of Virginia, which had been copied almost en-
tirely from the Federal Constitution, did leave
it with the Legislature to provide for the dis
charge of the Executive functions in certain
cases.
Mr.. WITCHER did not agree with the conclu-
slons of the Senator from Louisa (NIr. Ambler.)
A portion of the clause in the State Constitution
had been copied from the Federal Constitution,
not the whole. If it had been intended to give
the Legislature the power contended for, why
did not the Constitution say in so many
words In the previous Constitution, such
regulation had been embodied, the senior Coun-
cior dischargng the duties of the office in the
absence of the Governor. As this power had
been withheld from the Lieut., Governor in the
present Constitution, it was plain that the remo-
val, death, failure to qualify, resignation, &C.,
of the Governor, were the necessary cases to
be provided for, and it was only when the Lieut..
Governor acted as Governor that the necessary
cases referred to would arise.
MIR. AMBLER said that the Constitution show
ed the cases under which the Lieut. Governor
was TO act. and that the General Assembly was
vested with the power to devove the duties of
the Executive office in other necessary cases. for
which it is the intention of the bill to provide.
Mr.. SHACKLEFoRD did not consider the pas
a. of
powers, but merely provision for temporary
evil. which can be at any future time modified
or repealed. In the absence of the Governor
from the seat of government without this bill
there would be no Executive officer, and the Lee
gislature could devolve the duties upon the
Lieut.. Governor.
Mr. STovALL favored the striking out. I'm
der the Constitution, the duty of the Lieut..
Governor was to preside over the Senate, and if
this bill was adopted, it would be impossible for
him to discharge this duty.
MIR SHACKLEFoRD moved to amend the sec
ond section by striking out all after the word
government in 18th line (the last time it
occurs.)
Mr. DENEALE opposed the amendment.
Mr. PARKER called for the ayes and noes
They Were ordered, and the amendment of Mr. /
Shackleford was adopted: ayes %, noes 90.
Mir. Mason offered proposition, which the
chair decided to be ort of order.
The PRESIDENT stated tho question to be on |
Mr.. Witchers proposition to strike out the I'd
section of the bill; and the ayes and noes hay
ing been ordered, the section was stricken out
avs 81, noes 10.
Mr.. SHAcKLEFoRD proposed to amend the |
first section, by striking out that portion which
contempates the President of the Senate, or
the Speaker Of the House of Delegates, dis
charging the duties of Governor
Mr.. WITcHER opposed, and Mr.. Shackleford
sustained the amendment.
On motion of Mr.. Stovall, the Senate adjourn
ed.
HOUSE OF DELEGATES.
Prayer by the Rev. STEPHEN TAYLOR. of
the Presbyterian Church.
The SPEAKER announced the following COM
mittees, in compliance with the resolution re-