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

in office ip cases not specially provided Tor py hs
Constitution, shall be prescribed by law.
ouirsd to perfect all the details of the republican
system which was adopted by the Convention
which framed that Constitution.
sand the General Assembly may declare the
Gases in which any Office shall be deemed vacant
where no provisioni is made for that purpose IN ms
Constitution" ~,
ernor what will be the effect of itl DO uhuer-
upon whom the executive duties dsvolve thereby
becomes Governor fths President pro fem. OF the
Senate becomes Lieut.. Governor, OF course Tue
Lieut.. Governor discharging the executive iauo
tions, must be Governor. Is that the theory o'
the Constitution The theory of the Constitution
ia, that We always must have Lieut.. Governor
either ready to discharge the executive iIlc'ions'
or actually dschargipg them; and when he Is III
ofioe-I mean when he is in the executive ONCE
he ia not Governor, while he ID the e1ec.ta'e. -
But he ia the Lieut. Governor, dischhrsing .ne
functions which the Constitution devolves upon l''e
Governor, and he becomes entitled to all the emo
luments powers aud duties of the office.
will not go into the question as to what the "olu
absence means, in regard to this power OF the oea'e
TO appoint President pro tenn. The Constitution au
tborizes the Senate, in the absence OF the
Governor when he is performing The dutles OF Wv
ernor, to appoint President pro tenn. WE'LL SIT; "la
does that meant As we'll stated by the gentleman
from Northumberland, (Mr. CLAYBRooK) some Gays
ago, the very existence OF that provision in the Cos
luton implies the existence OF Lieutenant Governor
| do not care whom be lie whether he is Simply
Lieutenant Governor presiding over the Senae' VI
Temporarily discbargng the executive functops' II
il idle sir 10 inquire in regard to this matter, Tor The
reason stated by tbs gentleman from Mhflon' lhr.
HaYMoND) and repeated in different parts Oh lie
House, that the qualifications OF President OF inc osh
ate and Lieutenant Governor are different anu that
the President pro ten being construed to stahd ID tle
place of the Lieutenant Governor, merely means that
hs fills the placs of President pro tenn. SENATOR and
as such is entitled to vote although dischargng the
duties of President But, air. is he the Lieutenant
Governor, simply because he il President pro tenn.
OF the Senael And why is he President pro tenn, =
The office must be one thing or another. Ii cannot
be all, for there would be three distinct duties CEN
| tired in one person-that Of President pro tenn
Lieutenant Governor and Senator The question
then s is not the conclusion inevitable that there
must be- according to the TERMS and theory, and sp
rit and intention of the Constitution always Lieu
tenant Governor, either in office, discharging the
dues of The office of Governor ready to do III How
ara YOU to provide for filling this Office OF Lieutenant
GOVERNOR BY law. Who can pass thatlawi Not the
Senate by electng President pro tempore, not the
House, but the General Assembly-the law making
power Then, the question follows. is the bill which
is now reported the proper mode OF dscharglng the
duty which the Constitution devolves upon the Legs.
ature7 confess that there's one feature in the BILL
that do not exactly approve Of While believe
that the General Assembly has the power to elect a
Lieutenant Governor and provide that he shall serve
until a Lieutenant Governor is regularly elected by
the people, doubt whether it is perfectly proper and
appropriate that the General Assembly should exer-
else that power. Why not make provision at once for
calling upon the sovereign power 10 make the ap.
poIntment!
Sir as to the power to do all these things, as 10 the
justification of the executive appointment rs TO the
ability Of this General Assembly 10 make the election,
have no doubt whatever. There is one thing, sir,
that beg leave to In regard TO this question: and
that that is power that doubts as 70 the existence
of which presume, have arisen from feeling that
is natural 10 every man who ID O true republican,
We are disposed, very naturally TO see that Inc Exec
uve power steps not beyond the strict limits OF the
Constitution, We are disposed 10 resist everything
like an assumption or usurpation OF powers. which
are not distinctly and expressly conferred by the sOSe-
reign power. l would ask, gentlemen, then, when
they come 10 discuss this Executive power, TO
examine if there are not anomalies existing
in our legislation in regard 10 the power
vested in our Governor think you have
given to your Executive power which no NOR.
tai man ought 10 possess, while you deny him pow
err the absence of which, produces distraction and
difficulty. The whole financial power Of the State is
vested in the Governor and during the recess, he
was so disposed, he might issue proclamation which
would have turned every mole IN your possession INTO
worthless piece of paper And yet, nobody seems
to epprahend what would be the result of an error
or want of necessary prudence in this regard on the
part of the Executive. When you come to discuss
this question OF Executive power, commend to the
Legislature the propriey Of determining, whether it
cannot so modify II 10 increase in certain cases.
and curb it In ohers-they would hnd upon due re-
fection TINT the consideration OF that question, aud
it's adjustment in proper way, would repay the lrou:
BILE and expense of whole session of the General
Assembly.
Mr. FOREMAN said:-I do not propose Mr..
SPEAKER, TO detain the House more than ten or fif
teen minutes
We have had this subject under discussion for
several days. and, doubt, the patience of the House
is well.nigh exhausted by this tins. So much has
been said in regard to it, aud the views presented
have been so comprehensive, as almost to embrace
every argument that could well be presented on
either side. Ii seems strange TO SONS gentlemen,
that in this age of progress We should have an office
in Virginia, which has become vacant, and which is
not TO be filled. Sir. l. for one, rise TO protest against
what has taken place in regard TO the filling of this
office of Lieutenant Governor. In doing this, but
reflect the sentiments Of my people, for they, like
myself feel that the course pureued in reference to
this office was not justified by the Constitution or
laws. cannot see, for the life of me- how this art
can he justified. However unpleasant it may he to
gentlemen, to say, that the Executive Of this Com
monwealth has taken upon himself to appoint his
successor nevertheless, the fact is 3d. And cir what
King, what potentate seeks more power7 The Au-
tocrat of all the Russas ask more power; and
it therefore becomes us, sir, as the guardians of the
people, to rec that the Executive does not exercise
powers which are not given to him by the instru-
ment under which he acts. 1t is our duty to watch
to be vigi!an for it is said, cir that "eterna vigil
lance is the price of liberty" 1t becomes US to
watch and, see that the Executive Of this Common
wealth does not take from people the power which
the Constitution of the State has vested in then for
it ia sad, that power is ever stealing from the many
to the few.
Gentlemen seem to treat this matter very lightly
They seem to treat this taking of the power into the
hands Of one man tri6ing matter but it seems 10
that it s striking at the very root OF our govern
ment. Gentlemen seem to have forgotten that we
had tCuustution from lS29-3D up to the period OF
the reform Convention. 1t seems not to enter into
their minds, that, under the Constitution OF 29-3D Of
fcers from the highest TO the lowest were chosen oy
the legislature and under some circumstances oy the
Governor aud the Courts. would ask how II came
that the late reform Convention was called togetheri
Did we not hear murmurings all over tho common
wealth against this appointing power. the people
preterrng to have this power in their own handsi-
And After this Convention IL held, ana the power
is granted to the people of the Commonwealth III con
formity with their expressed DESIRE to elect their
Governor and Lieutenant Governor with the DINER
chief offices Of our Government, We come mere 10
Get aside that Decree and to deprive the people oil the
bower thus retained upon them. 1t 10 nothing less
than charging them with the ridiculous folly OF pre-
serving that power Of which they seemed heretofore
TO be 70 iealous.
Gentlemen approach this SUI set, as it seems to
me, with rule OF construction just me reverse OF
what the question admits. My rule Of construction
will be- found 10 have direct claim to the charac-
ter of true Democratic construction. am strict
consiructionst and, as such, shall hold 10 Inc con-
structon which gives to the executive as ittle pow
er as possible, in order that be may discharge lne
duties of his office within strict constitutional bounds
What do these gentlemen dol They reverse this
rule and give the executive too much power. l
would appeal to Democrats to say which is the cor
rect rule. You claim 10 be strict constrnctlonsls,
gentlemen, and you charge upon me and my party
that We are liberal copstructionists In his case
however, go for strict construction OF the Con.
stitution go to give to the Executive and all other
officers of this Commonwealth as little power as
possible.
Let US approach this question upon this rule OF
construction. AS observed before, we had Con
vention called for the purpose Of giving the people
the power to choose their own officers with cther
things That Convention met and framed Consll.
tuition. and We find it gives the people the power OF
electng all their officers. To give contrary con-
s,ruction to its language. would be- to peryert its
real INTENT and to argue against ts letter and spirit
What do we find in regard to these particular OIL
III. e. IL, Enp ;tt,Iio