Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1852-03-11

tr1uNt IN 40 present. ufSdbtZtut ana the GOV
efnor and counciIlorsof Stale and their successors
1pponted under the existing constitution shall con-
Ii1ue 10 Office until governor elected under this
rpDstltuticn shall be quaifed and all other per-
sons In Office when this constitution Is adopted ex-
cept Is herein otherwise expressly directed shall
continuejnof until their successors qualified;
and vacancies In Office happening before such quail
ifcatlon, shall be fed in The manner now pre-
seribed BY law"
Reasoning from The foregoing. il Is commended:
1. That the persons now ip Office hold under and
ID virtueo Of their appointment BY The new constiu-
tion
2 That iheiftenure Of Office IS, id effect, during
good behavior; and until lheir successors, 10 n
sieeted5y ne people, shall be qualified
B. That the provision as 70 yacancies, 1, .I.| LII
bic to accidental vacancies, alone, and not to va
cancies recurring b. operation Of law and !,
Therefore, Thatihege can 81 no qualification Of a
1ew sheriff lat the time Of the regularly recurring
vacancy this spring according 10 the laws hereto
fore regulating that subject; nor cab the present
legislature SO provide, asAas been suggested But
the person in Office must continue ID Office, until
his successor shall be elected y The people-and if
there,shalI be failure from any cause, TO elect
successor for one or for ten years the ihcumbenwiii
still hold the oflce-unless hemay choose, mean
time 10 die or resign 4
Another question was raised. 10 viii. If the per-
sons now holding Office, may Be regarded as censti-
tntional appointments, are moi the present Judges
entitled to receive the salary affixed I'd the Office by
the constitution from the period Of ITS adoption ~
And theiustces TO the per diem compensation, to be
ascertained by law
81 The Virginia Messenger of Staunien in notice
ofihe above, says; 1Our own opinion upon this
point isEthat persons acting al sheriis under The
aid fnf ia nff
are elected under the new Constitution, pr0rided
however, their terms would not have ex PRED under
1.-The old constitution before the election, in which
cease, we think, the successors under the old eons-
stntion, should qualify sherk Until provision is
made for the election under the new cdnstitution-
The expression, and vacanciesin Office, happening
oeioresuch qualification shall be filled in the man
ner no. prescribed BY law refers. We conceive, 10
ere the incumbent dies or otherwise va
r. before his term expires under the
tIsf 0ni butths contingency moi occurring
Seiore srm expires he retains his office during
The tine fofrwhch he qualified, (if provision is not
made for election under the constitution beforel
Al the end OF which, his successor under the old con-
stulion qualities and acls until successor is elect
Cd BY the people
An illustration of the question, sustaining this
view OF it. occurred in the qualification Of Joseph
yohnsonas Governor under The old constitution
ii The opinion Of our contemporary q1S8pd above be
correct, Mr. ]. should not have qualified as COVER
nor under the oldconstuion, boy GovrFioyd ought
q have performed the duties OF hat Office tnotwilh-
standing his term had expired and Cow johnson
was bis successor under the old eonstitation] until
the governor elected by the people qdalffed-
Or, IL G. w. Summers had been he successful can
dinate in the late contest, MIR. johnson could not
hare qualified as governor undef the Old consti,u-
ton but Gov. Floyd would have retained his seat
untii Mr.. Summers qualified. Thiswe think is an
erroneous view Of The subject. The provisions Of
the old constitution aren full force until the legis-
iature takes such action as Is prescribed BY The
constitution itself to put il into operation.ns'
Little need be said BY way of replication 10 this:
the Messenger having furnished, in the case of Gov
johnson, matter ofargament, thai conclusive, in
Isavor Of the opinion which they combat
the time Of the adoption of shs new constiiu-
The convention, Joseph johnson was The APP
successor OF Gov. Floyd under The existing
'ntoni and hence, in regardto The Executive
pent, the special provision in the l4S OF the
e, under which Gov. johnson qualified Is
ksor Of Gov. Floyd on the list Of jam
the exception here, establishes
l.r persons ia e6ec, which is contefdld l5.
hal they held for term, only 10 be ended
ratification of their successors 10 BE- electsd b.
or BY the iaterreatiea Of death Or other
ehcy--ihe vacancy. in such case, to be filed
Ne manner now prescribed BY law.
The article under examination, is more, perhaps
.lp4, trdu argument on a question IN which
would serve but 10 mislead It's deduc-
kond question, Just and, unless there
in the matter promised, they cannot
onuoverted.s Error in the decision
must be fatal. as no legislative ac-
AWhile, then, the enjoyment Of
y months, must " but an incon-
6 70 the expectant; NJ MS admission
cnsipns growing onl ot is may ami
epard, 70 an ihealealahle degree,
her persons.