Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1857-03-31

The following letter has been received BY the
Governor from Lieutenant Governor McComss-
The resi gnstion was accepted on the 24h instant:
To His Eroeilency II A Wise;
hereby tender my resignation of the office Of
Lieutenant Governor Of Virginia.
With great resPct,
Your obedent eervant,
Z. w. McCOMAS.
The question arises, how is the vacancy thus crea.
ted to be fled The general impression has been
that, like other Offices elected by the people, new
election would bs order,d bur- in const qu-nce Of
a failure by The neral Assembly to provide by
law for this case, the appointment rests with the
Governor.
This Constitution provides that "a Lieutenant
G vernon shall 6e elected at the time, and for
the came term az the Governor and his qualification
and the manner OF his ssctiou in ali RESPECTS shall
bs the same"
There is no provision mado for the election of
GOVERNOR in case Of vacancy in that office, con.
squenty tue last clanse of ths preceding sentence
cannot he applicable TO any but the election Of Gov.
ernor for ,hs regular term and as the Lieutenant
Governor 10 to be elected in the same manner In all
respects this affords no regulation for his election in
caae Of vacancy.
Tho next clause Of the Constitution relating to the
Lieutenant Govsonor IL the following,
In case Of The renova! of the Governor from ofi,e
or of his denth, failure to qualify, resignation
moval from the State or inability 10 discharps the
powers and dates of the Office the said flee with
its compensation shall devolve upon the Lieutenant
Governor, and the General Assembly shall provide
by law for the discharge Of the Executive functions
IN other necessary cases.
This provision is applicable to vacancies which
may occur in the Office of Governor, aud to vacan.
cies which may occur in the Office of Lieutenant
Governor after he commences to act as G1vsrnor.-
Under this clause the Legislature have provided for
the discharge Of tbs Executive functions in case OF
vacancy. But where the vacancy occurs while the
Lieutenant Governor is merely Lieutenant Governor
no provision hes been made
The act Of May 10Th, 1852, provides That in ce,e
the cfhcs of Governor. with ito compensation shall
dsvolve upon the Lieutenant Governor, and he be
removed from Office, shall die fail to qualify, re-
sign, remove from the State or be unable discharge
the powers and duties OF the Office. then the Attorney
General elected by the voters Of the Common wealth;
or II there Do no such Attorney General, then the
President Of the Senate pro teporr; or If there be
no such President, the Speaker OF the Houss
Of Delegates, ehal discharge the Executive
functions until there is a Governor or Lieutenant
Governor who can act. When a person filing the
Office of President ofthe Senate pro tempore or Speak
Of the Eouse OF Delegates, shall have commenced
dacharSing the Executive functions under this sec
tion his authority to discharge them shall be ter
minated by another being appointed his successor IN
the said Office Of President or Speaker"
Now, what will be the actual condition Of things n
short timer The Lieutenant Governor has resignee
tbs Attorney General has resigned the Senate re.
tu.sd failed at its last .sssion to sppo!n. Prs.i
den, pro tenpors. The House Il Delegate, have
adjourned stne die end Whistler the Speaker Of the
las, House continues Speaker at ,hs time is doubtful
but at any rate the Constitutional term o hs House
Of Delegates, and it's Speaker one Of it's members
will terminate on the 30h of June nezt, and then
there will be Speaker until the regular meeting o.
the G.neral Assembly, aud new election OF Speak
er shall take place.
BY th. schsdule 10 the Constitution, this llh SEQ.
deegates sst elected to the General Assembly under
this Constitution, sha expire on the ajih Of June,
1853 and. as ths members are 10 be elected there.
alter, bebnially the 6r., Of july is the commence.
ment, and the lee. oi Juns the expiration Of ib.iI
ts:tn every two years
II may thus happen by these several contingencie,
tna, II the Governor TO die, resign or from any
other cause be unable TO discharge :he Executive
funoons, there is no obi Ger provided by law to
take his place. Aud If ,uch event should happen.
there lie no mode pointed out By law. Tor convenn,
th.n nap IL L.
The Constitution provides that the Governor shall
"oonvene the General Assembly on application Of 0
majority Of the member, Of both houses thereof. o.
when, In his opinion the interest of the Common
wealth may require It." In case there be no Cover
nor, and the asveral contingencies mentioned above.
should e1is. to whom 10 the application Of majori.
ty of the members 10 be nadsi Who 10 10 ASCERTAIN
whether there os = majority And by whom anc
how is the time for thsr meeting to be 61sd, o. their
wishes to be expressed
The Constitution has provided in tho 33'h sectior
Of hs fourth article that The manner of conduct
ing and making returns Of elections, OF determining
contested elections, and oftns racan"icSin o6scr IL
essep NOT specially provided for by hs Consultation
shall be prescribed ty law, but specia eiec'onsto Ill
vacancies in this office Of Judge OF any Court, 'ha
bs for a full term. And The General Assembly may
declare the osses iu which sny ohae shall bs deemed
vacant. where no provision Is made for that purpose
in this Constitution"
Now, We have shown that the Legislature has
made no provision for filing the vacancy in the Of
hoe Of Lieutenant Governor, and they have not de-
clarsd the case. in which that ofce shal be deemed
vacant But there is general provision in the Con.
.tution which does ct the caae and 1t Is this: Ihe
Governor shsll during the recess OF The General
Assembly fill pro tsmpore, all pacaneses an those o.
scs, f,r o6;ch khe Coarttntion and ld1s make no
o,orision; but bis appointments to such vacancies
shall be BY commissions to expire at the end OF thIrfy
dsys ater the commencement OF the next session OF
the General Assembly"
It il thus plain hs. it is the duty OF the Governor
to make ths appointment. His commission will OF
course be until thirty days after The meeting of the
Legislature. which will afford time, as va. intended
fur tbe Legislature to ps.s law to provide for new
elsc,on or to prescribe what shall be done when suc
circumstances e1,t or may hereafter occur.
No aopointm.pt has yet been made, but the ne
s.s,v far il se.ms 10 US TO have been demonstrated,
.,d va nresums the power thu. conferred will be
..,src;sed for il circumstances should arise, which
,;ebt reouirs the services of Lieutenant Governor,
10 the p-esen position Of affairs much inconvenience
would result, and great ds'rneatt to tas pubic in:e
rest. nigh. be the consequence. we doubt not that
the power will be exercised jadiciou'y and with an
eye to the public welfare.
OFFICIAL.
<ppoLyTMENTs BY THE PRESIDENT.
of fbsR nn1l for tha ia.
,.,o, - R.rn.ta6e, Massachusetts, re sppointed.
Mver Jacobs surveyor of the customs for the dis.
~; of charleston, South Ssrolina. 70 appointed
Wy, William Medill, from May l, 1857, 10 be Fret
Comp,ro.r of the Treasury, vice Elisha ~httlesey'
,e;i.on stswart, collector Of the customs G.!