Cooper's Clarksburg register. [volume] (Clarksburg, Va. [W. Va.]) 1851-1861, 1857-04-17
FYoaa Ne Richmond Eaouigee.
Isesienation of Lieut. 6:nvernor


office Of Lieutenant Governor Of Virginia.
With respect.
'R Your ohedient servant.
ES9T:s.Sfe;. s. - EoW. McCOMAS.
The question arises. how is the yacan>
ey thus created to be filled, The gene
raj Impression has been that. like other
offices elected BY the people. new cleo
zion would be ordered but. in conse.
. quenoe of failure by the General AS
.sembly to provide by Law for this case.
tae appointment rests with the Governor.
The Constitution provides that I" A
Lieutenant Governor shall be elected at
the same time, aud for the same term as
the Governor. and his qualification and
the manner of his election, in all respects,
shall be the same"
There is no provision made for the
election Of a Governor in case of vacan.
ey in that office. consequently the last
clause Of the preceding sentence cannot
be applicable to any but the election OF
Governor for the regular term and as
the Lieutenant Governor is to be elected
in the same manner in all respects. this
affords no regulation for his election in
case OF vacancy. .H""
The next clause Of the Constitution re-
lSting to the Lieutenant Governor, is the
following I.". 5rra 3@S
:. In case Of the removal of the Cover.
nor from office. or Of his death. failure to
qualify, Resignation. removal from the
State or liability to discharge the powers
ana duties OF the Office. the said office,
With its compensation. shall devolve upon
the Lieutenant Governor. and the Gene
raj Assembly shall provide by law for the
discharge OF the. Executive functions in
other necessary cases."
Thi" provision is applicable to vacan
cies which may occur in the Office Of
lieutenant Governor after he commences
to act rs Governor. Under this clause,
the Legislature have provided for the
discharge Of the Executive functions in
case Of vacancy. But where the vacan.
ey occurs while the Lieutenant Governor
is merely Lieutenant Governor no pro-
vision has been ma. e.
The act OF May goth. 1889. provides
THAT in case the office of Governor,
With It's compensation shall devolve upon
the Lieutenant Governor. and he be re-
moved !rOm office. or shall die, fail to
qualify. resign, remove from the State. or
. be unable TO discharge the powers and
duties of the Office, then the Attorney
General elected by the voters Of the Com,
monWealth : or if there be no such At.
torney General, then the President OF the
Senate pro tsmpOre or if there be no
such President. the Speaker of the House
of Delegates. shall discharge the Eexecu,
tive functions until there is Governor or
Lieutenant Governor who can act. When
. person filing the Office OF President of
the the Senate pro tenpOrs or Speaker Of
the HOu'e of Delegates. shalt have com,
nenced dischargIng the Executive tunc-
tiUns uuler this section, his authority to
discharge them shall not be terminated
by another being appointed his sue cess
sOr in The said office OI PresiIen; or
S, 'eaker."
Nov. What will be the actual couli ion
Of things 10 short time The Lieuten-
ant GoVrInut has resigned: the Attorney
General has resigned the Senate refused,
or failed. al lIs last session TO appoint n
President pro temp0'e. The House Of
Delegates have adjourned sine die. and
whether the Speaker Of the last House
continues Speaker at this time IL doubts
ful but. at any rate. the Constitution al
term OF the House will terminate on the
30M of jane merit. aud then !here will be
NO Speaker until the regular meeting of
the General Assembly. aul new cleo
ton OF speaker shall take place.
BY the schedule to the Constitution,
che Il1h section, it is provided that. 1.-The
official terms OF the delegates FIRST elect
ed to the General Assembly under this
Constitution. shall expire ON the 3Oth OF
June. 1853 :" and. as the members are 10
be elected. thereafter. bienniaIly. the irst
Of July is the commencement. and the last
Of June the expiration of their term every
two years.
1t may thus happen by these several
contingencies that If the Governor were
TO die. resign. or from any other cause be
unable TO discharge the Executive func-
tiOns. there is no officer provided by
law TO take his place. And if such an
event should happen. there is no mode
pointed out by law, for converting the
General Assembly in an extra session.
The Constitution provides. that the
Governor shalt convene the General
Assembly on application OF Il maj rity Of
lhe members vi both houses thereof, or
when. in his opinion. the interest Of the
Commonwealth 'uay require it." In case
there be NO Governor. aud the several
contingencies mentioned above should
exist. TO whom is the application of ma
iority Of the members to be made? Who
is TO ascertain whether there be major
ity? And by whom and how is the time
for the meeting to be fixed. or their wish.
es ITO be expressed?
The COnstitu ion has provided in the
S8th section OF the fourth article. that