Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1858-01-01

nnmh.r Of bjlls were advanced Oh the calencar'
RESOLUTIONS OF INQUIRY.
The appropriate committees ~ere iha'l uooI ~ "
onire info the e3pedisncy Of various OK
ID NJ RuTuyKrooRD-Of amending Inc 81 sec.
'" Hr Mr. PLYMALE-of authorizing change OF the
nressn, election 10 Wayne county, TO Inc house VI
Wyn. Crump In said county. .,., oe
w" WI n. k,Rp-Of increasing the capital stock OF
the Huntsville and Monterey turnpike company.
By Mr.. HAYMosD-Of so amending the e1s.ns
law ss to increase the penalty OF the bond OF
tisry Store Keeper. ,,;onr,sd
MR.. RUTHERFOORD'S REMARKS,
lIs THE House. OF DELEGATES,
On the bill to prescribe the manner or filing saean'
cies in the office Of Lieutenant Goperaor'
Mr.. RuTHERFooRD sald, in substance-Inat ms
hin assumed that the General Assembly possessed the
power to prescribe the manner OF filling vacancies In
the Office of Lieutenant Governor; but the opinion
WAS entertained by some that the Genera Assembly
had no suoh power, and that the provisions OF the
State Constitution with regard to the office OF Lieu
tenart Goveruur, being similar to the provisions OF
the Federal Constitution az to the office Of VICE Ere
sidep the Legislature Of Virginia no more possessed
the power to fiji vacancy in the one ofhce han oa
Congress to fl vacancy in the other
and the State Legislature that the former posesssed
no powers not eIpessy delegated, while the latter
possessed all legislative powers not expressly taken
away. There was also marked Inference between
the provisions Of the Federal and STATE Con.tufon
win regard to vscaucies in office. In the Federal
Constitution was prescribed the manner of filing va
canoies 10 the House Of Representatives in the ga.
nate in ths Judiciary, the foreign embassies and all
tho lesser offices under the Federal Government
Rut when vacancy occurred in the office OF Preei
dent, theof6os devnived upon the Vice President;
when the Vice President absent exercising the
office of President Of the United Statea, President
4 pro tenn OF the Senate was to be eiected and Con
gress wa, required to provide for the case, when
there was neither President nor Vice President
elected by the people, by declaring what officer
should then act az President" AZ to vacancies in
these high Offices Congress possessed no other power
than to declare such case what ohcer shonid act hs
Presidents But the CONSTITUTION OF -Srgna, unlike
the Federal Constitution did not presoribe the man
nsr Of filling vacaDcies in office in The various dc.
oartmsnts of government and unless the power 10 do
go wsa taken away or restricted, belonged oil ne
ces.i,y in it's fiest extent, to the State Legislature
# this were not true yeth was expressly proVaea ~
filing vacancies in Office "in cases not specially pro-
vided for by this Constitution, shoud be- prescribed
by law. ..a.r.s :: Al, .
Constitution to FIJI vacancyin the office oil Lieuten'
an, ogeruor. il was the daty OF the General Assem-
bly TO prescribe by law the manoer OF hiilng IL Inc
oniy cases of vacancies in office specially provided
for bystbe Constitution, were TO be found IN the YIN
/ M
case of the removal of tho Governor from Office, or
of his death. failure to qualify, resignation. removal
from the stats, or inability 10 discharge the powers
and duties Of the office the said office, with a cor'
lpensaton," was made 'to devove upon Inc Lhe9ten'
ant Governor" 1t was true that the Senate might,
ain the absence Of the Lieutenant Governor or when
he exercised the office of Governor choose from their
| own body President pro tempore. But Inc rres-
ident Of the Senate would not be Lieutenant GOV
erpor. He might be elected when there was merely
| Of bo iaufQ mt
and no vacancy in his Office; aud the necessity ot
e,ecting such an officer was simply to preserve the
organisation of the Senate. When there was va
cancy in the Office of Lieut. Governor, the Consiln
t,on neither devolved the office nor it's attributes and
functions upon the President of the Senate. In GER
tain csses specified BY the Constitution the Leute'
ant Governor land this vas the principal OBJECT OF Dis
orestou) was to have cast upon him the high effce
of Governor. The Constitution conferred no such
attribute a. this upon the temporary President OF the
Smats, The Lieutenant Governor simply presided
over the Senate having vote nor voice In lts pro-
ceedngs But the President of the Senate was a
member Of the Senate, voting upon all questions BE-
fore IT, and responsible To hs constituents for his
part and share in its deliberations Could it be con
tsuded then that the Constitution had provided for
a vacancy in the office of Lieutenant Governor, by
making necessary provision for wholly different
Office with different duties1 And If this was not a
provision for such vacancy, then there was nons in
the Constitution and il became the duty Of the Gen
ersl Assembly to prescribe the manner OF filling II.
1t could not BIZ maintained that vacancy in the OF.
fee Of Lieutenant Governor was provided for by the
latter ps of the 9th section Of the 5fh article, which,
after declaring in what cases the office OF Governor
sboald devove upon the Lieutenant Governor, Gays
further :. And the General Assembly shall provide
BY Law for the discharge of the executive functions
Lieutenant Governor as we'll as ofthe Governor, were
intended by the phrase, Executive functions" the
argument would not be less strong in favor Of the
power claimed for the Legislature But the functions
OF the Lieutenant Governor 90 SUCH were NOT e1ecu'
tive functions; the phrase applied excluslvey to
the duties of the Governor and had been always no
construed. II was of the highest Importance that
there should be interregnum in the
Of the chief executive power OF the Commonwea.n'
Hence the Constitution itself provided that when the
Governor died, &c. the Office with its compensation,
should at once devOlve upon The Lleutensn. Cover
nor: and, lest tho wheels Of Government should, al
any fine stop. from vacancies al the same time in
both of their offices, the Legislature was required 70
provide BY law. for the discharge of the Executive
functions in other necessary cases. Construng this
clause together with the 18th section OF the preceding
article necessary to conclude that the provision
for the discharge OF the executive functions was III
tended to be temporary, not pernanent-o terminate
With the necessity which created IT, and to have
effect only until the vacancy In the office could bs filled
The Constitution made distinction between the
office and the functions Of the Office. Thus, in the
2uth section of the last article it provided: when
vacancy shall occur in the Office Of Clerk Of any
Court, such Court may appoint Clerk pro temporr,
who ehall discharge the duties Of the office mnfH nc
cnconcy IS filed." SO the Constitution devoved
the office Of Governor upon the Lieutenant Governor
in certain specified csses; and ain other necessary
csses" required the Legislature ITO provide for the
dsoharge Of the ecciUe functions" but only, as Mr..
RuTHERFooRD opDtendsd, until the vacancy IN he
office could be filled in the manner prescribed by law;
This seemed to have been the construction placed
upon this fact of the Constitution by the Legislature
Of 1852 They said see acts 1852: "In case the Of
Gee of Governor, With ito compensation, shall de.
| volve upon the Lieutenant Governor and he shall
be removed from Office or shall die, fail to qualify,
respn, remove from the State be unable TO dis.
charge the powers and duties OF the Office, then the
Attorney General, elected by the voters OF the Com
mougsalth, or if there be no such Attorney General
then the President Of the Senate pro temporf or ii
there be no such President the Speaker Of thu House
of Delegates, 'haN discharge the eree"t1oe functions
until there is a Governor or Lieutenant Gorernor
pho caa act.n Mr.. RurHERFooRD supposed the case
of vacancies occurring, same tiine IN the Office
both of Governor and Lieut. Governor durlug the fret
month of the constitutional term. If the manner
of filling vacancies in these offices or either OF them
could not be prescribed by the Legislature then the
Attorney General or any other officer, designated by
law, would have devOlved upon him, in addition to
the duties of his office, the high executive func
tions of the Commonwealth for period OF nearly
four years
MIR. RurHERfooRD held that il was the duty Of the
General Assembly 10 prescribe the manner OF filling
vacancies not only in the office Of Lieutenant Gov
ernor, bat also in the office of Governor; as it was
evident there might be many cases Of vacancy in
the office of Governor tss when both Governor and
Lieutenant Governor should die, resign, DC, not
specially provided for by the Constitution. lie hoped
the Special Committee appointed TO revise the Elec'
ton Laws would report bill prescribing the manner
of SLING such vacancies in the Office Of Governor as
are not specially provided for by the Constitution
The Committee for COarts of Justice, in reporting
tho bill now before the House. had simply responded
to the resolution referred to them.
It might be conceded that IL was never designed by
tho trainers Of the Constitution that the Governor
power of appointment should extend, TO one VIII"
been exercised in this case if the Legislature had, in
due time, complied with constitutional requirement,
BY providing for vacancies in the office OF lieutenant
Governor. Upon the passage of. the bill before The