Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1858-01-08


tenant Governor. hav- enlenvorrd to shov". iha:
he "ii;cH of Lieutenant Governor was an Office Of
ms Commonwealth. that hs had certain pnwers, du'
ties ana Obligations imposed upon him | now pro
Doss 10 enquire, whether under the fifth article, The
Governor had that power! II it be necessary 10
elect Lieutenant Governor at the time you elect
IDVernor, Ii IL not Necessary that you should have
! i;tiu'enalt Governor 1T ell times I Why do You
elect Lieutenant Governor wien you eIec,
= Governor II H. that he nav act ne
president OF The Senate and be- ready at any mo-
lnent to step into the shoea nj the Governor should
ne DIE resign or be removed from office &c. IL i, not
Rs Important that we should have a Lieutenant Gov.
erOT during the entire four Years after the election
as II !. that we should hive Governor, since tina.
office ia AZ any moment iisbe TO become vacant in
any ol tho contingencies indicated in the clause of
me Constitution 10 which have already referred -
The framers OF the Constitution wore of that opinion
IN my Judgment. And beg leave to call the atten.
lion OF the House 10 tls provision of the C0rs,ltn-
ton which prescribes the qualifications of both oil
GERS 1t will be found that the qualifications OF both
are precisely the same. In the third section article
DIN OF tbs Constitution, it ia provided that no per
son shall be eligible to the office Of Governor unless
he has attained the aga Of thirty years, is q native
citizen Of the United States, and has been citizen
to Virginia for five years next preceding his cleo
In the Sth section it il provided, that "a Lieutenant
Governor shall be elected at the same time and for
the same term as the Governor and his qualification
and the manner of his election, in all respects shall
be the same
The intention evidently was. that the Lieutenant
Governor Of this Commonwealth should bs chosen
with special reference TO HE eligibility end c0npe
tency TO discharge the dues of Governor, in case
that Office should become vacant
But why do gentlemen say that this is no office T.
1t this: because the Constitution says, referring to
the power of the Governor. "And during the recess
of the General Assembly, fill pro ismpors all vacnn.
cies in those offices for which the Constitution and
laws make no provision" Its, therefore, necessary,
n IN md. hu thai
ernor, to induce this body to decide that the Leu.en.
ant Governorshp Of the State ia no office at all
Now undertake to say that it is not provided for by
The Constitution of the State by the laws md,
therefore, the power exercised By the Governor was
power rghtfully exercised ask gentlemen on the
other side to point out to me in what provision ol the
Constitution il it specially provided that vacancy
| occurring in the office Of Lieutenant Governor can
be filled am told that, under the provision in the
Constitution which authorizes the Senate 10 appoint
President pro tenn, they have the power delegated
to them to provide for i!ng that oice-.hst is that
the President pro tenn appointed under this provision
would be empowered to discharge the duties of Gov
ernor in case Of vacancy in that office Here is the
section under which they claim this power for the
| Senate:
"The House of Delegates shall choose its own
Speaker, and in the absence Of the Lieutenant Go
vernon, or when he shall exercise the Office Of Cover
nor, the Senate shall choose from their own body
| President pro temDorp" DC.
Sir, what does that mean. Absence itself means
that the party is in being. | spprehend that it has
not reference to man who is dead. Ii has reference
to man who is in existence. was referred to the
case of Vice President King argument in ia
vor OF Tie views presented on the other side, and
suppose that the gentleman who cited that analogy
gave the facta correctly, will briefly call the
the attention OF the House to the facts connected
with this matter. an sure the House will remem
Der, that upon the 18th day of March when his term
of Office commenced, Nirs President King wss in
Cuba: The members Of this body will remember
| . 81, 81,
| question was discussed by tho preas OF the country
whether it WAS lawful for an officer of the govern
ment to qualify in a foreign country. We all know
that, after the 4th of March, there executive
session OF the Senate, and We know that Mt the pc.
rod referred to- Vice President King was living, AMI
that in his absence the Senate elected President
pro tenn The case, therefore, referred To, by
the gentleman from Monroe. tMr. CArERToN,) does
not sustain his position that the word "absence III
| cludes death, resignation, removal from office &c'
| But sir, upon that point rs to the meaning of the
word "absence" if it was intended by the trainers of
the Constitution that il should include death, resg.
nation, removal from office, &C., why did ihey,under
the head of"Lieuenan Governor; use the following
| anguage1
In case of the removal oil the Governor from of.
flee, or of his death, failure to qualify, resignation,
removal from the State, or inability 10 discharge the
powers and duties of the office, the said office with
its compensation shall devolve upon the Lieutenant
Governor" go.
Why did they say, in of the absence of the
Governor We must confess that the trainers of this
Constitution had some object in view, aud that they
meant TO define it by the language which they used.
IL the word "abseDce'' means thing in clause,
why not mean the same thing in another clause! But.
air. there ID no provision here for The filling OF tho Oh
flee of Lieutenant Governor because maintain that
the PresldentPro tcmpore cannot BE- Lieutenant Gov.
ern0r And, sir, what the qualifications of Assem-
ator! He must be twenty five years Of age and IL.
gally qualified voter under the Constitution. He is
not required 10 be citizen of the State for five years
previous to his election; and ask gentlemen who
claim that the President pro tsmp1rc Of the Senate
would be elegihle under the Constitution to Oil the
office of Governor in certain contingencies 10
inc what would DO the effect OF this construction Is
member OF The Senate eligible to the office
of President pro tempore than another apnrceh.nd
the gentleman will not take that position, and if am
correct, the Constitution requires that both the Gov
ernor ind tbs Lieutenant Governor must br thirty
years Of age native citizens OF the United Ststcs and
citizens OF Virginia for five years next preceding their
election.
Gentlemen tell me that there il n difference be-.
tween the functions Of The office and The Office ITSELF
There might be-, technically. IN language; bn'. ak,
i. there as 10 the responsibility! Why require The
Governor to be thirty years OF age! And why re.
qure the Lieut.. Governor? Ii waa that this Com
monwealth not satisfied 10 trust the execution Of
the asors and responsibilities Of that high office 10
man of less aye. The qualification cf Senator IL not
has been citizen of the State two y-ar1 snd Of tue
county year, ia eligible to the Office of Senator
or member; SO that il you adopt the construction OF
gentlemen on the other side, you will have man
who ia only two years citizen Of this Common
wealth filling the Office OF Governor in certain con
| tingencies. IL the Consultation requires that the
Governor and Lieut.. Governor shall be thirty years
OF agr ia because OF the responsibility of :!c office
and that capacity and intellect at least approx
mstely commensurate with these responsibilities may
| be secured.
| But sir, that il not all. am told, that the Gov
ernor had right to i'll the vacancy, BECAUSE the
| It,A lnF,
| the acts OF the General Assembly al 1852 and there
we will fnd that in case The office of Governor,
with it's mpensntion, shall devovs uToa 'hs Lieu
! tenant Governor and lie shall b. removed from OIL
fee, or shall die, fail 10 qualify resign, remove rom
the State or be unable TO discharge the powers aud
duties OF the Office then the Attorney General elect
ed by the voters of the Commonwealth; or II there
be no such Attorney General then the President oi
the Senate pro tempOrr, If there he such Presl
dent, the Speaker OF the House of Delegates shall
discharge the Executive functions until there Is n
Governor or Lieutenant Governor who can act
| Sir does that provide for filing vacancy III The
Office of Lieutenant Governor 1t only provides tor
ths discharge Of the functions OF the Office oil Gov
error, but not that Of Lieutenant Governor. why,
sir, who ia the Attorney Gsncrat II you iooS lnlo
this Constitution, you will find that there Is 10 4ua'l
icaon required in his case with regard TO hse; ana
YOU will have here, in direct violation OF this Con.
stitu.ion, IN officer twenty-five years of nge dis
charging the duties of Governor. AID, 10 20 fur
Their the Speaker Of this tlonse, upon wHom The ~
ties of that Office may devoive Iii CERTAIN contingent
cies enumerated may be no: more than twenty i've
wears of age, in which the devolulion would be
In direct violation of the Constitution.
conclude therefore. that there is 40 provision ct
law for the filling OF this vacancy, because I; only
provides for the discharge of the Jn@'oaS OF the Of
ice of Governor in o his death, resignation, re-
moval, &c. / conclude then, sir, that the Governor
had this power, and that he exercised it rghttuly
and properly. ,,
shall now proceed to enquire into the powers and
| duties OF the General Assembly 70 provide for filling
this vacancy. This provision OF tho Constitution TO
which have referred, provides that The appointment
of the Governor shall extend to thirty days from III:
| commencement OF the session Of the Legislature:
have conceived tina, in appointing ths present Lieu.
tenant Governor, he carrying ont the spirit and
intent Of this clsuse ia the Consultations believe