Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1858-01-15

the Convention intended, by this clause, to provide
and in tact, did provide for case such ~ is now u
der con-ii,racD lnd that this is case for which tHe
C0ntt!tuii2n and laws have mhdn provision. No"
gentlemen may talk about this office of Lieutenant
Governor just ma much az they pivase, and magnify
lis importance to any extent they may deem proper
but the CONSTITUTION defines what the duties of that
officer Hre and they consist solely n his presiding over
the Senate OF Virginia az Lieutenant Governor
This comprises The entire scope of his duties. hla
power and authority extend no further. He has no
power over any part of the government machinery,
and nothing is provided for him by the Constitution
but merely 10 preside over the Senate. If there is
any other duty besides that provided for him by the
Constitution, should like to know what il is and
where it is prescribed in the Constitution 1t seems
to me that gentlemen have been mistaken in regard
to this mater. Mark you, cir, the language Ct this
provision:
"And during the recess of the General Assembly,
fill, pro tem all vacancies in those otiices for which
the Constitution and laws make no provision"
Now, the question arises is not this ONCE provided
fort Many gentlemen have asked Tie question, what
an office Is? aud they attempted 10 answer II: Inc
object of having an officer, as It seems 70 Inc 49, lnat
he may perform certain duties. 1t the duties OF
These offices provided for by the Constitution ana
laws if there is provision made to do that which the
Lieutenant Governor is required to do, Is the once
not provided for7 He has ne duty, save inc ohe,
that of presiding the Senate and, II that duty
discharged by another officer appointed duly for thai
purpose, is it not provided fort 1t seems 10 me that
it is fully provided for. This provision has reference
entirely, to providing for the discharge OF the duties
of the Office, and il remains now to be seen whether
these duties are duly provided for.
The 9Th section Of article says: "The House oil
Delegates shall choose its own Speaker and, IN the
absence OF the Lieutenant Governor or when he
shall exerci-e the office Of Governor the Senate shall
chose from their own body President pro tenn, NC
Well, cir, gentlemen have become critical. Upper
critical rather upon This term " ABSENCE" do not
propose this word to IT'S origin and 10 define
its various meanings; but will take 1t in lts common
sense connection. Absence" What does it mean
The Senate is 10 fill the place of Lieutenant Governor
by appointing a President pro tenn when lie is absent
Now, absent from where From the Senate cham
Der! The Senate is there; aud when man Is absent
from the Senate Chamber. not absent from the Com
monwealtb, 1t to do certain thing Now Is II 10 Dc
commended, that this word absence implies merely
that the Lieutenant Governor had just stepped out
temporarily 1t seems to me, that this reform Con.
vention went great length when they provided Tor
the absence Of man who merely stepped out the
door, while it made no provision for the death, resg
nation, removal, &C., of the Lieutenant Governor
Truly, this ia making them great body lhey make
provision for email things, but great matters they pass
over.
Now, sir. absence" contend to signify in this con-
nection that the individual is absent from any cause
death, resignation, or otherwise "When the Lieut..
Governor is acting as Governor" What does that
meant do not claim when the office OF Gov
| ernor davoves upon the Lieut. Governor, that that
makes him necessarily Governor. ] care nothing
about that. But, suppose the Governor dies, and
that Office does devolve upon the Lieut.. Governor,
might happen in the Senate Chamber, meanwhils,
TO act Governor and therefore not be absent. IL
necessary TO provide for that particular case-
He would be present in the Senate; yet the Constu
ton says, "or when be shall exercise the office OF
Governor, the Senate shall choose from their own
body President pro tenn"
| But, it is said by the gentleman from Marion, (Mr.
III bio
language in regard to the devoluton of the office of
Governor upon the Lieut. Governor That ls clearly
expressed, when We are talking about the Lieutenant
Governor being present as President OF the Senate
We talking about the body over which he Is To
act ns presiding officer. The gentleman asked why
not use the came language in reference To the Gov
ernor! He may be absent so tar he regards the DIS
charge of the duties of the Governorship. tie may
be absent in Accomac or elsewhere, but il was ne.
cessary to make further provision in his regard, be-
cause the language would not answer in regard
TO him in the of Lieut. Governor. for the rea
son that the Lieut.. Governor has To duty TO perform
save to act rs President of the Senate When be Is
absent, the Senate does certain thing; that IL, ap'
point President pro tem But the Governor has
various duties to perform. Wecould not have well
defined what the Convention meant, ii they s'sd
merely, "n tie absence of the Governor" Hence
they 70 on to define the various cases in which the
Office of Governor shall devove upon the Lieut..
Governor: The 9th section, 4th article of the Con-
atiuton, provides that Sin case Of the removal OF the
Governor from Office or Of his death failure to quail
fy removal from the State inability to discharge
the powers and duties Of the Office the said Office
with it's compensation shall devolve upon the Lieut.
Governor" &c.
1t was necessary, therefore, TO describe the partc.
uar cases in which the office Of Governor should de-
volve upon the Leutensnt Governor. 1t seems to
me that this is sufficient answer to what the gentle
man from Marion has said.
Now we come to another provision, in the same
section which. il Seems to me, must force the mind
rresistably 10 the conclusion which j have come 10:
"And the General Assembly shall provide by law
for the discharge of the Executive functions in other
necessary cases.
What does that mean Why, il means thu! they
shall provide by law, not for the election OF Lieu.
tenant Governor, but that they shall provide for the
performance of the duties OF the Office. They shall
no, fill the Office Of Lieutenant Governor. hut they
shall provide tor the performance n the duties Of the
office. Why use tina, languagel Why say perform
the dutics?" Why is it said TINT you "shs provide
by law for the discharge Of the executive duties in
other necessary case-i'
Does not that provision sign; that when there IS
no Lieutenant Governor, the General Assembly shall
provide for the discharge of thu executive functions!
thai they shall provide for the election OF Cover
nor or Lieutenant Governor, but that they shall pro-
vide for the discharge OF the executive functions
when both these offices vacant. And, sir, what
have said In regard to the power vested in the Gov
ernor, applies with equal force when we come to con.
slider the power of the General Assembly on this sub
jsc because it will be- SEEM by references to the pro
the Constitution has net specially provided for the
filling Of vacancies, they shall be provided for ny
law. Now, let US look into this provision and see
whether this office is not provided for by the Constr
tuition.
"The manner of conducting and making returns
of elections of determining contested elections, aud
Of filling vacancies in office, in cases not specially
provided for by this Constitution, shall be prescribed
by law"
NV argument in regard to the filling of this vacan
filling Of il by the Legislature. argue that The iiIi
ing of this office is specially provided for by the
Constitutions and if go, the General Assembly mas nn
control over the subject. | maintain that the last
proposition that Of filling this office by the General
AssembIy-s no less noastrous than thai ct hilng IL
by the Governor. The true intent and spirit Oh me
Constitution is, that the people shall NIL the Once
and We have right to wrsst ths: power from 'her
hands. II seems to me, sir, from the PROVISIONS OF
ths Constitution to which have referred that tbs
Governor not only had not the power TO MAKE the
appointment which he has msde, but ths, the zen
eral Assembly has not the power to provide now or
illingit Sir, may BIZ in error. mn llaole 10 w
p error. But, sir these my opinions, anu tee IL
due to myself aud the interests which REPRESENT 10
EXPRESS them before this House, and To protest
against this infringement upon the rights Vi Tue peo
pie, by either the Executive or tho Genera Assem-
bly / do not mean to reflect upon the Governor oil
this Commonwealth, or upon the gentleman chosen
to fill the office of Lieutenant Governor. Da, SIR
under my convictions ms TO the meaning ri this ooh
stitution, have felt myself bound TO express my
opinions in the manner I have done, and shall re-
cord my vote accordingly. If the General Assembly
shall determine TO elect this officer by JONI. nalot,
shall fss it my duty to vote for no man to fill the Of
fee, believing that this power belongs alons to the
people of the Commonwealth. l think that tins
course on the part of the Legislature s in direct vIo
Istion of the Constitution, in letter and spirit ana
believing thus, cannot give my vote for such
bill.
had intended to compare the provisions of the
Constitution Of the United States in regard to va
cancy in the Office of Vice President with the pro-
tend. provision is made for the vacancy ID
the Office of Lieutenant Governor; but forbear
to do So Tor it may be that too much of the time oil
the House has already been occupied in considering
this subject, important as it is.
trust this House will vote down the bill and mere
discharl,a of the Executive InMctI0nS