Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1857-12-08


s!one, for ourselves, our wives, our children ant
snves-"Guide u by Thy counsel, and af;erward
, receive us 10 glory"
TIE APPOINTMENT OF LIEUTENANT GOV
ERNOR.
On The assembling of the Senate of Virginia ol
Monday next, WIN. l.. Jackson, ESQ., appointed b.
Governor Wise, To the office OF Lieutenant Govern
or, TO fill the vacancy occasoned by the resignation
: of Lieutenant Governor McComas we presume, vii
take The chair the presiding officer of that body
Having heard it ntmated that the Governor pow
: er to make tbs appointment might be questioned, W
deem appropriate TO relterate the views Wa express
ed in March iast, after the resignation Of Mr.. MCCo
mas, and before the Governors action in the matter
These views, formed after careful deliberations hav
. been corroboraed and confirmed by further retlec
tion and by the coincident opinions of friends il
whose judgment We have great confidence.
The question arose, how the vacancy, created
by the resignation of Lieutenant Governor McCo
mas, TO efIled' The general impression has beer
that, like other offices elected by The people, new
election would be ordered bur, in consequences of a
failure by the General Assembly to provide by law
for this case the appointment rests with the Governor
The Constitution provides that "a Lieutenant
Governor shall be elected ut the time, and for
the same term a. the Governor, and his qualification
and the nanuer Of his election, in all respects shall
| be the same.
There il no provision made for the election OF d
GOVERNOR in Of vacancy in that ctiice, conce
queuy the last clause of the preceding sentence
not be applicable TO any but the election Of Govern.
for The regular term; aud the Lieutenant Gov
ernor is to be elected in the manner in all re
specs, this affords no regulation for bis election in
case OF vacancy.
The mex. clause of the Constitution relating to the
Lieutenant Governor, is the following
"ln case of the removal OF the Governor from Of
fee, Of his death, failure to qualify resignation,
removal from the State liability TO discharge the
powers and duties of the Office, the said office, with
its compensation shall devolve upon the Lieutenant
Governor, aid 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 in :he Office Of the Governor and to va.
cances which may occur in the office Of Lieutenant
Governor after he commences TO act as Governor
Under this clause the Legislature have provided for
the discharge of the Executive functions in of
vacancy. But where the vacancy occurs while the
Lieutenant Governor ia merely Lieutenant Governor
no provision has been made.
The act OF May 29th 1852, provides THAT in case
the office of Governor, with its compensation shall
devolve upon the Lieutenant Governor, and he be
removed from Office or shall die fail to qualify
sign, remove from the State, or be unable to dis
charge the powers and duties of the office, then the
Attorney General elected by the voters of tho Com.
monwealth; if there be- such Attorney General,
then The President Of the Senate pro tsnpore or II
there be no such Pesdent the Speaker Of the House
of Delegates shall discharge the Executive functions
! until there is Governor or Lieutenant Governor
who can act. When person 6ins the office OF Pre-
sdent of the Senate pro tcmpore or Speaker OF the
| House Of Delegates, shs have commenced dis
charging the Executive functions under this section,
hi. authority to discharge them shall not be termns
ted by another b-Gg appointed his successor in The
said office Of President or Speaker"
| Now what would have been the actual condition OF
thngs in short time after Mr.. McComns resigna-
| ton The Lieutenant Governor had resigned the
Attorney General had resisned the Senate refused,
or failed, last session to appoint President pro
tempors. The House of Delegates had adjourned
|
continued Speaker at that time doubtful; but, al
any rate, the Constitutional term Of the House Of
! Delegates, and ia Speakers as one of its members
would terminate on the Oh IF .jiac, 1857, and then
there would be 10 Speaker until the regular meeting
of the General Assembly, aud election Of Speak
| er should take place.
| BY the schedule TO the Constitution, the Ith sec.
tion it Is provided that, The official terms of the
delegates first elected to the General Assembly under
this Constitution, shall expire the 3Oth of June,
1853" and. the members are 10 be elected there
after biennally, the first Of July s the commence
nent aud the last of jane the expiration of their
Term every two years
| Ii might thus have happened by these several
contingencies that if The Governor to die, re-.
sign or from any other be unable to discharge
the Executive functions, there officer provided
by law TO take his place. And if such event
should have happened, there was no mode pointed
out by law, for convenng the General Assembly in
an extra session.
The Constitution provides, that the Governor shal
"convene the General Assembly on application OF q
majority of the members of both houses thereof, OF
when, in his opinion, the interest Of the Common
wealth may require it," In case there was no Cover
nor and the severa! contingencies mentioned above
existed, to whom the application OF a majority o
the members TO be nadel Who was to ascertain
whether there BIZ majority And by whom anc
how was the time for their meeting TO bo fixed, o
their wishes 10 be expressed
| The Constitution has provided in the 3Sth sectoI
of the fourth article that The Of conducting
and making returns Of elections, of determining
contested elections, and Of filing racances IN office il
cases no, specially provided for by this Constitution
shall be prescribed by Law, but special elections to III
vacancies in the office Of Judge Of any Court, shal
be for full term. And the General Assembly may
declare the csses in which auy office shall be deemed
vacant, where no provision is made for that purpose
in this Constitution"
Now, We have shown that the Legislature has mad
no provision for filling the vacancy in the office
Lieutenant Governor, and they have not declared III
cases in which that Office shall be deemed vacant
But there i. general provision in the Constitution
which does Il the case, and il is this The Governor
shall during the recess of the General Assembly
fill pro tempore all those offices for 'rh'c'
thc Constitution and lars make no Prortt'oH; but III
sppointments to such vacancies shsll be by commits
sons to expire at the end of thirty days after tn
commencement Of the next session OF the GENERA
Assembly"
I. is thus plain that it wos the duty OF the Cover
nor, to make this appointment. His commissior
would of course, be until thirty days after the meet
Ing Of the Legislature, which would afford tme'
was intended for the Legislature pass law to pro
vide for new election to prescribe what shall b.
done when such circumstances exist or may hereatte
occur.
The necessity for the appointment at the time
sssmed To ia to have been demonstrated for, if cir
cums,sncss had arisen, which might have required
the services of a Lieutenant-Governor in the the'
position Of affars, much inconvenience Touio na''
resulted, and grest detrment to the puohc interest
might have been the consequence The power wa