Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1858-01-22
IEc,sLATURE OF VIRGINIA.
TukspAY, JAS II, 1858.
arrx.S

The special order of the day wa' called up when
was "A bill to amend an act concerning genera
elections passed 9Th April 1853, 30 as to prov'de lor
the manner of filing vacancies in the ONCE Oh Lieut.
Governor"
The pending question was on an amendment oner
ed by Mr.. BOissEAu, 10 strike out the eecuoh with
provides that the General Assembly may I'LL lhe va
oancy in the office Of Lieut.: Governor ,b Pre- oor ssd
MIR. SPEAKER.-I dislike TO trespass again Oh ':ie
time OF this House, but feel it my duty 10 10 80 10
view of the bearing and reference OF me a.gunoIs
presented since had the honor OF addressing ans
interest that feel in the action Of the General Az
seubly upon this bill, have particular oesre na'
shall not be decided before fair ana iuli nea,ns
I am anxious that the position which LOOK "nen :
addressed the House when TINS OH nts' ''' 'p'
shall be fully understood and appreciated:
Before proceeding to the discussion OF lhe po'n.'
;pvolvsd in the question, must take occasion 10 re-
fer to remark made by the gentleman rom ~, M' ,o
cumberland (Mr. CLATBRooK,l IN regaro w 'ne wv:
five which probably operated upon NE IN my .pPos
t;on 70 the bill. The gentleman insnuated toaI was
operaed uron by party feelings. or rather oy
to convict the Governor OF TINS Coiun"T =. ..,' I
and fasen upon him charge Of usurpatlou. IL sus
the gentleman disclamed nything like personal iee
inc and accept his disclaimer far as to relieve
him from the impression that felt any uneas'nees
from any supposed personal imputatloh. bal, BIZ
the gentleman meant nothing, or be meant 10 impqIe
something which should be regarded as a iaui!' ne
no doubt cir, the gentleman did NOT oeslgh
TO produce auy reflection upon me, because
l apprehend the gentleman had design oenlno ,:a'
He wished to derive the benefit OF that very .nine
which be was protesting to rePrenena ~ INC IS
AJAX the gentleman as he pursued the form OF inter
roystory towards me, whether or not inc WISH was
father to the thoughts Whether be dld not oesi3s
that this very party issue should be MADE wn'ch l
disclsim7 And whether be did not aPpreneno Ihat
this would help out his position, which SHOULD only
be fortified by proper and appropriate argument
Mr. CLAYBROOK.-I will answer the gentle
mans interrogatory. assure him. that II ne con
strued any remarks that addressed 10 the House.
into an intention on my part to cast any imputat'on
mon him, he has very much misunderstood my
meaning. Nor had any such deeign as the gen,ie,
man seems to impute to me. had only ProPouhceu
10 him an inquiry, and had no other design IN DONG
so except such is contained IN the Language .sei,
The foundation Of that inquiry was, the novelty OF
the position which the gentleman discussed with 30
much earnestness and ZEAL There was no necessary,
as conceived for discussing that position al Az anu
for the purpose Of sscertainipg why the gen'ie.nau
threw himself out of the way tor the purpose OF ar
guing the question before tho House, propoahdeo
to him the questions to which be has referred
Mr.. CAPERTON-I understand the gentleman as
understood him before as not having intended any
personal mputarion, but merely 10 propouna al ia,
terropatory. Now, / put myself upon the same
ground. intend no personal imputation upon biin;
but intended to PROFOUND an interrogatory oeosuse
Of the novelty OF the gentleman position. mna'
i. his position srl 1t strikes me with as mucn Iooe,
30 far as the novelty of the thing is concerned as my
nositiop seems TO have struck him. 1t would be VAN
for me to occupy the position OF eeeking 10 lasI
party issue, when there was nothing 10 % gaiaeu
it, and therefore addressed my interroRatoly ~ hi
because Of the novelty OF tne inquiry hs.s 70
raise party issue and seek to fix upon the
charge of Of powerl cay here mat nave
no doubt, but that the Governor IN making LUIS
pontmen,, was actuated by CONSCIENTIOUS con,
l.: Antv h,tfI nAV
satisfied he acted upon an erroneous OF ne
duties under the Constitution And u an issue was
to be raised what is to be the good nat Is 10 result
from It'll l would not enter into the llst TO condemn
the Governor for The exercise OF tnat
leye that he exercised that power
therefore, say. that the novelty OF the gentleman
inquiry induced me to PROFOUND the mterrosatoIy'
whether he had not desire 10 impress upon inc
Houss the idea that this was party queetiEn' anu
not q mer~ constitutional question. l shall pass
on from that >,r STAND, believe, quits, upon tna'
point and it has nothing TO do with the consideration
Of the question. shalt endeaVor 10 snow, py tne
analogy which our Constitution bears to the federal
Constitution, that II was never contemplated by
the trainers of our Constitution that vacancy &C.
curing in the office OF Lieutenant Governor OF ths
Commonwealth should be provided for either by The
pro tcnpore appointment of tho Governor, or by any
provision for election upon the part of the Legislature.
expect TO show by this analogy, by the almost alb.
soluts identity between the provision tound IN our
Constitution in relation to this otce with that OF the
federal Constitution in relation 10 the ounce Oh vice
Prssident that no such contemplation ever entered
into the minds Of the trainers OF the CONSTITUTION
will show from an analysis OF that join secon oi our
Constitution which they can alone rely that there
4, NO nover the part Of the General Assembly, ot'
rived from the either TO make an appoint
ment pro emporc TO provide for al election oy the
people. These hs proportions which propose 10
discuss; and think il l can get the gentesaans at
tention a,;er myself that will satsty hs mind -
TO the propriety Ut The position which have assumed,
Now sir, when ! addressed IBIS House o.Iurr'
begged the members OF this BODY 70 keep 70 ni'na
continually the distinction between hling vacancy
and proyidine for vacancy, because u can sno"
That the Constitution has provided for this vacancy
or what they regard vacancy, then say there Is
no power left in any department o! me government
m do ANYTHING with reference to filling that vacancy
Now, sir, in the 9Th section oil our arr.
Gle 4h it lie provided that "the Senate shall choose
from their own body President pro fenpore." We
find in the LIST article, section 3D. Of the federal Con
stitution, n similar provision II reads: "Ihe Senate
shall choose their other officers, and also PRESIDENT
pro tempore in the absence Of the Vice President or
when hs shall exercise the Office Of President OF the
United States
In another provision OF our Constitution it is pro
vded that 10 the absence of the Lieutenant Governor
the Senate may elect President pro tempore.
Now, here is the language Of the Federal Cone'l
tution copied 10 our Constitution IN tottder rer6s ;
and the question IT, whether, under the Federal Con-
stitution it regarded as sufficient provision Tor
filing the vacancy in the office OF Vice President IL
of Vice President Of the United States had become
vacant. In the history of that Government it never
has been pretended that either the President shall
Gil that office by pro te,npore appointment, or that
the Congress Of the United States should provide for
the election of an incumbent of that Office. In other
Words air, absence" has been interpreted. under
the Federal Constitution, TO mean absence from any
cause absence temporarily. absence from death. re-
signatun, removal from office &c. That has been
the received Interpretation for ab.ence;" and, sir,
han fba fran nj COua,ltutluQ 6QOUteQ
the same erms in respect 10 me Office OF Lieutenant
Governor, we're contained in the Federal Constiu
ton In respect to the office of Vice President, it
intended by every principle of legislation to couple
with II the construction given to the provision from
which the enactment was taken.
The gentleman engaged in criticism or phiologi.
cal dissertation upon the meaning OF the word TAB.
sence." My friend from Madison tMr. kEarER states
that it implied the existence of the Lieutenant Go YER
and he went soar as to maintain the proposition,
that f the Lieutenant Governor dies the Senate has
no power or authority to make pro tempore appoint
ment. because, as he sffirms, that power which is
given by the Constitution TO elect President pro
tenn, is power which can only be exercised during
the life time Of the Lieutenant Governor OF during
the existence of bis office. That is pursuing :he
thing little too far. 1t the geptleman's argument
holds good We are now In state of disorganzation
The Senate is not organized, and all the consequences
which the gentleman depicted go infinitely, must
result, if the gentleman's a;sainen holds good.
Now sir, as l already asserted, if we adopt the Ian
guage OF this Constitution, and vii! be shown that
that language has received certain Interpretations
by every principle and rua of legislation, We have 10
adopt the interpretation With it. We reeDact the
ceived construction 10 much a. we do the provision
itself. Is thar, sir, correct proposition Will the
gentleman subscribe 10 that srl Can be gaiusay.
ed Can il be controversial
Mr.. CLAYBROOK.-I would ask the gentleman,
might we not extend our inquiry further and see
whether the two Constitutions are Identical in all their
provisions. These two clauses may be Identical but
there may be provisions in Constitution not con
tanned In another that may control the interpretations
of one aud not affect tue Interpretation of another
Mr. CAPERTON.-May ask The gentleman what
clause It is, in State Constitution, upon which we
are relying for the supply Of the deficiency, which he
says exists in the federal Constitution.
Mr.. CLAYBROOk.-The 3Sth section.
Mr.. CAPERTON.-Wel,s sir, that brings me to
the discussion of that question. l understand the
gentleman to concede the proposition, that but for
the existence of this clause, which ia not to be found
in the Federal Constitution, we would be constrained
n ha fhorp tba, - no