The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1857-12-08

nesing acts to carry them into sxecution: bot cite
only the cases which nos arises before you = Z.
satsa.as mt governor ses resigned hs once =. aps;
ton at once arose How should the vacancy pe hedf
The Constitution l s % and
pressed that purpose 10 the gh section o. "
tieeIn case Of the removal OF the governor H ,t
Office or of his DEATH aiinrs to qualify
removal from the state or inability to discharge the
powers and duties Of the Office, the said office of gov
,srn.r with its compensSst.an
provide by law for the discharge OF the executive
functions in other necessary cases here pfps .,,
In this clause for that In the oree oeu'enant
governor And by the art of May 29, 1887 provision
y further made for di,charzng the powers anu du-
ties Of the executive Office in case i deyoyes upon
the Lieutenant governor, and he shall DO removed
nom the office q governor &C. Then the ones % Of
II attorney general then the president OF tho
senate pro tempore II none. then upon the speak.
or OF the house of delegates gousrfior or aeuedfn
Thus. II is plain, both from the cons tuition and
the law that il WAS never intended that the once OF
election, if vacancy in his Office shoud;happsn or
occur. And there was necessity for Continuing the
ey ts Inn m
signed; there Was no president pro tempore o. the
senate elected by that body the general assembly
out being called By the governor either on application
of majority Of the members of both houses or at
his own instance. then was un1er medical treat
ment for dangerous attack Of disease, OF which
many had died; and had the governor died, there
was no way to assemble the general assembly In
word, there would have been q suspension Tor near
two Years of two departments of government; the
legislative and executive would have ceased in all
their offices, powers and functions unless some ex-
traordinary and unprovdcd for exercise of power
had revived them. The. was no provision made for
filling the vacancy in the office of lieutenant COVER
by law ana the question was, Is there no such
provision made by the constitution In the 5th sec
ton of the 5h article there is the express provision
that the governor shall during the recess OF the
general assembly, nh, pro tepore all pdcancies in
those offices for which the constitution anu laws
make no provision &c" And this was yacanc, Tor
which neither the constitution or the laws had rpe-
cally made any provision. The case, then; was pre-
csely in the category named by this clause. But,
ments to such vacancies shall be by commissions to
expire at the end Of thirty days after the commence
men7 Of the next session OF the general assembly
1t will be then, for the general assembly TO make
provision within 80 days for filling this vacancy, At
ter the 30 days from the commencement OF this ses-
sion shall pire This duty IS Imperative upon the
general assembly under the 3Sth section OF the 4h
arti 10 OF the constitution. which provides that
the manner Of filing racances office, in cases not
prescribed By iaw, &C. EAnd tue general assembly
may declare the cases in which any office shall be
deemed vacant, where provision is made for that
purpose in this constitution" Thus the vacancy IN
the office OF lieutenant goSernor was not specially
provided Tor by the consultation or the tdo, ana IL
der the general clause of the 5h section OF the 9Th
article; and now devolves upon the general assem-
bly, to hit 1t for the remaining portion OF the term,
under the 3sth section OF the 4th article OF the con
sttution The executive has fulfilled it's duties in
appointing anu Commissioning " ilIiam IL. jackson,
Esquire, pro temp0re, to hold his Office until the expi
ration OF thirty daye from the commencement OF the
session OF the general assembly.
Not only did the Lieutenant governor resign, but
so also did the attorney general and proclamation
was made Tor an election 10 lie held Oh the 2oth das
tucker, esq was elected. But on examination the
law of election for such found wholly defec
tive in not providing the most essential requisites
touohing returns, certificates and the mode OF do
Gliding any case of contest. The secretary OF the
commonwealth was to count the votes IN the presence
OF the governor and declaration to be maze ct
the election sir ucEer having received JD,6I3 votes.
John H. Patton 3,G59, b. IL. Shack teford 5,i53 scat
terIns 26l4, Mr. Iuckar was declared to De elected
bat IN no prescribed mode, and he was accofdIUgl!
commissioned the 18th of June last and has entered
on the duties VI his office.
An election also on the 2Sth day of May 1887, was
held for commissioner OF the BOARD OF public work
1or The 81 district. LedekIah ktdwell receIse ed 20,
Il0votes scattering ,23o, and bir hIdwel was de-
clared to be elected, and commissioned the iotn OF
June last, and mas duly entered on the duties OF his
office.
and special election neld to NIL tie vacancy
When the returns were maize, they presented ques-
tons both OF law and OF fact, which we're referred oy
me 10 the attorney genSral Iur ms opinlNn Ate.
full consideration, he returned the accompanying an
and ars ument for his conclusions, which ap-
proved ana samuel '. EuikersOn was commissioned
Judge OF the tn circuit on the 9TH day OF August
last, and has duly entered upon the duties OF his
Office.
ii have erred in approving the opinions of the
oniy law officer allowed to enlighten HE ofcally
subjects OF tins kind, can plead only honest in
tentUn 70 do my duty according TO the constitution
anu the law and the great difficulty of deciding what
tha duty was under laws OF election III sucn Cases,
so utterly detective those which now exist. 1t is
to De iumen ed however tina the judicial Office itsei
should lbs exposed 70 be thus impaired by sross de
f.cts m the statute ectug the and
certificates and contests and Juds of elections.
see ~ nsCessit, for attempting 10 add any thing to
the argument of the attorney general, AID 1t Is sub
mittet the best Justification involved Ill the ques-
tons As to the matters OF fact involved you will
.ve that did not look beyond OF behind what APP
re;ls the ttc- If the certticate l0s and returns
lf . No.. .rillt - tie sherlns.
o!ucc Ga; adjournment vi the legislature, also,
another eminent Judge, John L. Lonlax, OF the Sth
circuit, resigned, very much to the regret OF the
whole state as well as OF the suItors III the court
over which he presided Eustaco Conway, Esq. was
elected succeed him. and in very brief period the
bench WAS deprived OF ms services, by RAPID ana
sudden disease OF which he died, lan1eDted by all
who knew HIN. Another election was held, and the
vacancy supplied by another able and highly es-
teemed member If the bar, Il. III. Coleman.
recommend entire reyisal OF all .he election laws
and especially of those To supply vacancies. And
submit to the general assembly whether some court
or Judges ought not to be designated b. law TIL
bunal 60 decide at once and hnally up,n conStitu
tonal and legal questions brought before ii by rels
ton of the attorney general for and at the instance
of the commonwealth. At present the governor can
only ask for opinion of II law officer for advise
nent, which, when given, has no sanction whatever
The Court Of 4 ppedls.
In connection with matters OF judicial decision, i
call your attention the of delay of il
the court of appeals, The permanent and special
| protest that mean no discourtesy TOT ordinate
depa tmen of the state government when say that
feel it to be my imperative duty to recommend t.
the general assembly this well other subjects
such measures as deem expedient. The complaint
of the delay in couts strong that am urged
say that not only expectancy but justice requires
that some law should be passed to expedite proceed
ngs aud decisions in the courts of last resort. The
docket of the court of appeals will show the Just
grounds of this complaint. The benches are com
posed of learned able, sound, clear and pure minded
Judges. They wish TO do their duty considerably
ha ltCy n hali
right OF which the Legislature cannot deprive the
judiciary. But the Judges themselves. venture tC
say i'll their behalf desire to proceedto proceed de-
berateY-but to proceed at ALL far faster than that
delay of justice which now amounts to a denial OF
Justice 1t most essential truly, that causes shall
be decided right; but is better that some should be
decided wrong than not to be deeided at all. The
chief OF the delay is the bad habit of the bar
in arguing cases in the highest courts orally without
limit of subject or time and without being com lied
file written or printed brief of the argument
reasonable time before the day for the hearing. J
therefore, recommend the passage of law to limi'
counsel in the court of appeals to the argument
orally of such questions only as the court
WI. to,e 70 allow OF any m tnSfeoI Ti r.
lnents to such time as the court will permit not
ceeding two hours, except in extraordinary and
novel cases: and TO require either written printed
briefs to be filed reasonable time the may
rule, before hearing. / make these recommends.
tons # the relief of hundreds clients all of them
suffering, and many Of them ruined, by the delay Il
justice in commonwealth Of laws which require il
10 be speedy.
TEutFUt ftttObtOHS
During the last year election for president and
vice president ofthe United States was held, which
portended results OF the deepest interest to our PEG
plss They were saved from apprehended evils which
will not recapitulate in order to avoid irritating
the temper ofthe times. But at one moment das K
cloud shrouded the heavens of our happy country
and seemed ready to burst over and destroy ou'
many rich and glorious blessings Then it was that
felt called address to certain OF the state ex
ecutiyes letter of which tho accom- panying is a
copy. Its objects to defend the rights and lib
critics Of the state of vi GINA to protect her people
aud TO rave the Union happily the election itself
accomplished lhese objects, and there nothing
for me to do but to rejoice with every patriot
in the result The omeBs fur the futurs are far bet
past potent to dispel the clouds which were
.etsly so dark and threatening. UT federal la
fions ow In safe hands and with abiding conf
dence leave them there, TO he watched and guarded
BY a jealous yigilanfe but not TO be disturbed By
faction to be destroyed by the selfish, sims