Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1858-01-05
MP clAYnRnnk,s spEECI ON TILE DUES
MIR CLAYBROOk'S SPEECH ON TIE DUES
TION OF THE MISREPRESENTATION
SHIP.
REroRTED FOR The Enquirer BIZ r. KEAN
HOUSE OF DELEGATES.
NANNY DIcEMpER OlSI.

SHIP.
RErcRTgD FOR THE Enquirer BIZ P.KEAS.
HOUSE or DELEGATES.
MONDAY, DECEMBER 2lsT.
The consideration OF the special order having beer
resumed which WAS bill to amend oil act concern
ing general elections, passed the 9Th o. April, 1898
80 az to provide for the manner OF filling vacancies
in the Office of LeutenantG Governor, aud IN othe
cases,
Mr.. CLAYpRooK, of Lancaster and Northumber
land being entitled TO the floor, said: Mr. SPEAKER
would greatly have preferred that the order oil The day
should be passed oYorfo am much indlsposed TIM
morning tina, fear shall not be able to discuss tn
question involved, in manner satisfactory 10 myself
nor adequate to lis difficulty and Importance But
cheerfuly submit to the pleasure OF the House; ant
therefore, with feelings of unejgned disrusf, pro
coed to present my views as concisely and cogenty
as can under the circumstances.
When this question was first propounded IN me CO.
ordinate branch of the General Assembly, felicia
ted myself, and felt that could congratulate the
Legislature that there were many members in both
Houses who were members Of the late reform Conven
ton, whose united voice would clearly unfold the
purpose of that Convention in those clauses OF The
Constitution which are at present under consldera'
ton. But alas those doctors OF constitutional Law
not only disagree, but most earnest in their dis
putes. We have no resource then but to fall back
on the Constitution itself and amidst hostile We've
seek safe guidance in the meaning of the language
employed under the fortiGcaton OF we'll established
rules of construction.
The bill before the House provides, among othsr
things for filling vacancies in the Office of Lieutenant
Governor. 1t involves the fact that vacancy has
occurred, may occur and the power OF the Legs.
lature to provide by law for filling it. These are the
sole questions we have to deal with now. and their
consideration prescribes the proper range and limit
of this debate. Yet, my friend from Monroe, MIR.
CAPERroS in his able argument which he address.
ed to this House, stated as his first proposition that
the Executive had no such power as he has claimed
and exercised of filling this vacancy pro femPore-
And he seemed to me to be peculiarly anxious to es
sblsh that proposition. Is my friend sure that he
had not some desire at least to convict the Executive
of usurpation7 1t would have been better, Sir, II
subm il he had stated his proposition in more gen.
ersl terms, and had rested his argument upon the
broad foundation that neither the Executive nor the
General Assembly has the power to provide for the
case. For l hold, land it seems TO be too clear for
argument, that il the latter has the power and fails
to exercise it, the former has, too within the limit
prescribed in the 5h section Of the 5th article of the
Constitution. Why, then ask, addressing himself
to Mr.. CArERTosl is your frat proposition lin main
tanning which you exhibit so much zeal and ingenul
ty confined to the authority of the Erecurc to es
ercise the power in question!
Mr.. CAPERToN. The gentleman certainly must
have been very inattentive to the course OF my re
marks. did state the broad proposition, that the
case was provided for 10 the Constitution, and that
the power was vested neither in the Executive moi
the General Assembly. certainly bad to treat the
subject in some sort Of order, and therefore took
up irst the part relating to the Executive; and, 80
oondly that relating to the Legislative power.
In regard to the remarks OF the gentleman impu
ting to me desire to fix on the Executive the charge
OF usurpation, from party motives, l hope TO be
heard in reply. shall then chow, that had no such
intention, and that, perhaps. the gentleman himself
IL more smenable to such an imputstion than am.
Mr. CLAYBRooK-I accept the explanation, and il
affords me pleasure to say that had understood the
gentleman as he now explains himself, should moi
| have propounded the question which have done
And az TO that matter, the gentleman will be pleased
to bear in mind that have preferred no charge, cas-
no imputation, and made no allusion whatever e
party. merely asked n question, to which he has
responded fully and satisfactorily; and will be the
last TO doubt the correctness of that response. But
to proceed with the main question, the gentleman
saws that in order to correct understanding of sc
much of the 5:h section Of article Of the Consttu
ton as relates to vacancies, you should nerpoate
the words "for the ing OIL 80 that the clause shoulc
read "And during the recess of the General Assem-
bly, fill pro temporc, all vacancies in those offices fol
the filing of which the Constitution and laws make
no provision
Mr.. CApERTog-I did not announce any such pro
posion did not propose that you should interpostt
suy words for the purpose of correcting and more
clearly understanding the Constitution. l affirmed
the proposition, that in order 10 give the Executive
the power it was necessary to interpoate the words
in question.
Mr.. CLAYBRooK. 1t is very unfortunate, MIR
SPEAKER but no doubt true, that was laboring un
der exceeding duness Of apprehension on the day
the gentleman spoke. l certainly did understand h
position have stated it, and alluded to it for thu
purpose of showing the inextrcabls difficulty in which
be would be involved But now understand hlu
to say that it is the necessary reading for all thost
who claim the power for the Executive. accept the
ssua which he thus tenders but protest that no in
terpoation is necessary-for the meaning is plsir
enough without it. The sentence was designed to 6t
ellipitica and the words for which," in the order
in which they stand, impart the same as the words
" for the filling Of which" would do. And just here
remark that the same idea precisely, in respect tc
vacancies i. expressed in different language in the
18Th section Of 4h article of the Constitution, which
oonfers the power on the General Assembly, now
sought to be exercised. do not we'll see how suci
language in either clause, can convey any other idea
and therefore, have listened with some curiosity
but in vain, for different clearer and more eIpllc
reading. Gentlemen are willing to assume, and seeu
to understand reading, but unwilling to favor III
with reading of their own. SO they content them
seves with saying it ia impossible that these clauses
can have any reference to vacancies in the office OF
Lieutenant Governor for the reason that tine case
provided for in the Constitution: How! Not by
filling the vacancy; for they we'll know that va
cancy can only be filled by the assumption OF the
title honor, dignity, position. capacity, function
emolument and disability OF the officer and that
such an ASSUMPTION, the part Of the President pro
tempore Of the Senate, would be wholly unauthor
lied in the Constitution and would bs attended
with this difficulty, that the President pro tcmport
of the Senate selected from their own body would be
deprived of his vote The result then would be q
vacancy in the Senate. For, instead Of fifty, there
would only be forty-nine Senators; and writ Of
election would have TO be issued to fill that vacancy
And as soon as filled the President pore would
be displaced, even while acting as Lieutenant Gov
erpor. For he must Of necessity come from the DO
dv NJ the Senate See 10th Of 5th article for dis
ability of Lieut. Governor, and 9th sec Of ith article
respecting the President pro sempore OF the Senate
Hence the idea OF filling the vacancy 10 out of the
thereof, tho Constitution has provided sub
s,itute in the President pro tcmporc of the Sen
ate who as such s authorized to discharge all III,
functions of the office. Now, submit, Mr.. SPEAK
Err, in oppositioD 10 this view that the Constitution
clearly Intends that the two offices should be cock
latent at all times and if 30, the was never in
tended as substitute for the other. The phrase "Pre
.ident pro tempore, e1 u termini, implies the exist
epce of permanent President, who is thu
Lieutenant Governor, and denotes that the du
ties of that office are temporary purely
Rssides. the selection OF a President pro tenn
pors can only be made in one of two events-eithe
IN the absence OF the Lieutenant Governor, or wheI
bs shall exercise the ofhce of Governor. Now thu
word absence" in this clause mplies,thst there is
Ljsut. Governor in being, and that he has merel.
vacated the chair az President Of the Senae-has ef
his post for cause or without cause The primar.
meaning of the word itself conveys no other idea,
the sams ia enforced too by the context. And | ap
preh end that if the question construction were sub
mitted now for the frst time there would be no diff
6oulty and no diversity OF views. But reference i
made to the same language in the Constitution o
the United States and it is conended with much fore
that we must submit to the same construction. II
this I reply, that although there may be such
vet | know OF no case where the Senate OF th
United States has selected President pr
fcmpore after the death or resignation of {
Vice President. My impression is that TIT
selection has been uniformly made heretofore, before
there was vacancy in the office OF Vice President
That il is the custom of the Vice President to absen
himsefin order TO afford opportunity to the Senate
to select their President pro tempore But other
wise, then the construction referred to, was
strained one for the that the defect could b.
supplied in no other way. With the case is differ
ent For the defect in the Federal Constitution II
supplied in our own by ample authority for filling va
substitute is person put in the place Of another to an
aver the same purpose Ia this true of the Presden