Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1858-01-22

a.t,od the pentl.mun from Monroe to say, that the
Senate of the United States had decae' ln"' .ne
word s.absencs" included death, resignation,
from office. &C. | examined the case. anu reier.ea
IN i; in order IN show that he took the oath OF ONCE
ont of the country, and that immediately alter Ma
term of Office commenced, an executive sssson Va
the Senate was held, that at that session frrsiGen
pro tenn was elected, and that therefore iiis case
s,a,ed nv the gentleman did not sustain his argu-
Mr. CAPERToN. understand the gentleman 8
poeition But he chooses to rest HE objections ~ e
argument which had been presented in favor OF ms
view, upon that historical reference. Now, sr,
NAV be able to ref.esh his memory III regard TO IONS
matter. ! will ask whether he is not aware OF the
fact; that there two elections OF President pro
lem. during that Presidential tern--Mr, BRIGHT
and Mr.. MAsos7-one before and one after the death
of the Vice President and If the vacancy Bill con'
tiuues to exist?
Mr.. RAYMOND. have no preteneions to deny
that that body had right to perpetuate lts existence
maintain the proposition, that where there Il no
Lieut.. Governor, and where President pro rem OF
the Senate has not been elected, that the Senate IL
ncccssae, tn perpetuate It's existence, mas Ien W
resort TO the highest tribunal known TO me Ia" NM
king power to supper; it. But it is by virtue OF ne
cessty and it should not be resored to until Inc ID"
fails 10 make provision for It.
Mr. CAPERTON.-Under what authority did Inc
Senate of the Uned States proceed to the eiections
Of Mr. Bright aud Mr.. NJ asonl Why, and how was
it, unlees under the authority prescribed by the Con
stiiution Of eecing President, pro tfn N me 40
seuce of the Vice-Presdent7 Necessity utney
ever been elected by the law Of necessity Aeo"'u'
ing to the gentlemans argument, It was very neces
say that the Vice President should exist, ana YET
sir, because of the OF necessity, they coud Dol
provide for the election Of VcePresld~nt because
that the Constitution made no provision tor so DONG
They only elect President OF the Senate ~ pur-
of tn. power given to them under the Cuis'l
tuition 10 elect such an officer, in the absences OF the
Vice President. If they could act because of the ne.
cessity of the case-the necessity OF supplying the
vacancy occasionel by the death OF the VICE presi'
dert-uuder the same sanction of Necessity, fhey
might have proceeded TO have enacted provision
for the election OF Vice President TO i'll the poet
when the Vice President WAS dead. No, eir' II was
not from necessity; 1t was under tho authority
and sanc:ion of Il constitutional provision; it was IN.
der the authority conferred upon them to elect IRE
sdent pro tenn, in the absence OF the Vice President
Tie gentleman can get away from the argument by
any possible sort Of ingenuity
Well, air. shall pass by that part Of the argument
hold, sir that We have precedent that We nave
construction given to this clause in our Constitution
by that high authority which We are bound by be-
cause, when we framed this Constitution, We TOOK re
much the construction of that provlsou rs the proV'
sion itself.
Bit the gentleman from Northumberland thinks
that the Constitution abhors vacuum. Now, cir,
did 1t 10 the gentleman, That the CONSTITUTION
contemplstes vacuum, not merely vacancy in this
subordinate office, but vacancy in the highest e1ecu
tive Office known to this State-not merely vacancy
in thai, but d vacancy in both 7 What does il mean
when it provides for the removal, death, resignation
&c Of the Governor, by declaring that the General
Assembly shall provide, by Law, for the discharge OF
the Executive functions in other necessary cases "
IL is not necessary provide for thu discharge Of the
Executive functions, whilst the Lieutenant Governor
is in existence, because. if the Governor should die
the office devolves upon him, aud with the Office de-
yo,ye the duties Of the Office Bat the Constitution
contemplates that there may be time when there
would be no Governor, and when there may be no
Lieutenant Governors and during that period OF time
it does not abhOr vacuum. 1t consents to The va
cuum-it contempates a vacuum-it provides that
vacancy shall exist, and provides for the va
cancy-not for filling il, but for the discharge OF
the Executive functions. But the gentleman from
Marion mir HAYAoSD) eeeIns to regard the dis.
charge Of the Executive duties, and The filling OF
the Office one and the came thing and he main
taines that it would be contrary to the spirit OF the
Constitution il it should provide for the discharge
Of the Executive functions, by any individual VINO
had not the qualiHcat ons to fill tn. executive ohee
Let US zee how that Is. He makes no distinction
between the office and the functions of the Office
There must be reason consideration for not
making this requirement OF qualification Oh Inc part Of
the individual VINO 10 to perform the Executive iunc
ons whilst there is no argument TO sustain the az.
sertiou that the Office with ;s emolumeits 90 fail
upon the person designated by the General Assembly
for the performance of these duties why, err, the
gentleman designated for tue discharge Of the Execu
tive duties is not paid rs the Governor IL. We do
not provide the same emournens for bim that We do
for the Governor That is matter within the discre
ton OF t!S. General Assembly. They may cay that
hs shall J.c:arge these functions with or without pay
Mr.. uAYMUND-My argument was this: that by
An express provision of The Constitution, Leulen
ant Governor elected TO be Governor in case tho
Governor died, and that by farther express provi
siou Of the Constitution the Lieutenant Governor ro-
oeives hs same salary as the Governor Whilst NO ID
dscharging the functions Of Governor, and my argu
insnt further s, that although ther. may be IN tech
pcal language, difference between the filling 81 an
Office and ,hs discharge Of the functions OF that office
that the office itself embraced the functions, and that
the people OF Virginia contemplated that no man
should be Governor who was not native citizen OF
the S..s 10, nve YEAR, and tina, therefore, the object
and .pirit of the Constitution Hss, that no man
should discharge the functions Of the Office who did
not possess these qualifications
Mr. CAPERTON.-I do not complain OF these
interruptions If they were not too pro;rscted. do
no, misopprehend, nor do mistake the gentleuan's
po,ion. | was proceeding TO show the reason why
The trainers of this Constitution did not or should not
have required the same qualifications OF the individual
who ia TO ha designated By the General Assembly for
the performance OF executive duties, that thsy re
quire for the filing of the office. say that this was
not contemplated for the reason that the office, with
its dignity and emoumens, do not devove upon him.
But, sir, We want no reason. Has the Constitution
provided, in giving TO the Legislature thi. power to
designate the person who shall discharge the eIscu
tive functions that he shall be person Of euch and
such qualifications! No sir. There s no such pro
vision, TO such requirement. 1t may be for the
reason already designated. But We want no reason.
We must sse whether tine Constitution imposes upon
the Legislature tho duty OF appointing only such
person has qualifications siilar to those necessary
for the gubernsorsl Office. 1t is somewhat like the ar
gument of the gentleman from Northumberland, 10
regard to tho President pro tenn OF the Senate. He
aad the President pro TEN. would not DO substitute;
that it was absolutely foreign TO all his nOtiUns of
propr,ety that he, the substitute agent should he
given all the duties without covering the dsnbitles
Why then is he substituted He says that the Presi
dan oC In ia hu viz TC his f,ap No
right 10 vote and If YOU elect President pro tenn
you cannot make snch disability for him. Tint
is true; and why Simply for the very reason designh
ted, that the Constitution makes no such provision
The Constitution may Say, 60 far as regards this duty
of substitute that that substitute shall not be under
the disability which incident to the regular OH.
Ger. But sir, stated that would sndeavor 10 show
that this 3Sth section had sort ofeppcation to the
Office of Governor or Lieutenant Governor. If the
gentleman admit, the analogy between our Constitu-
ton and the Federal Constitution, 80 regards the cleo
ton of President pro tenn. in the absence Of the
Lieutenant Governor, then they are driven to rely
alone upon some clause in the State Constitution
which contempatcs 10 provide for the filing OF this
vacancy and that power they say is be- found in the
Ssh section. Now, sir. will endeavor to show that
this section has no relation to the office Of Lieutenant
Governor. / will endeavor to show TO the satisfac
ton of the gentleman that il has reference other
and subordinate ofIicss-"the manner of conducting
and making returns of elections, of determining con
tested elections, and of filling vacancies in Offices III
not specially provided for by this Constitution,
shall BE- prescribed by law
Now, sir. has the Office of Governor or Lieutenant
Governor been specially provided for by law Why,
sir if We from this section to another clause We
find it ia provided, that "the Governor sha be elect.
ed by the voters at the times and pacss Of choosing
members Of the General Assembly" We fad here
the manner of providing for e!cciiour. We find
also in tie I'd section, 5.h article, provision tor ma
king tho returns Of elections, the Tanno: ocontestng
them, &c. By Il comparison of this section With the
Ssh section it will be secn that it is contemplated by
10 fiji al! the vacancies within the exception Of this
3S;h clause which excerpts from its operation all va
csnces which sre specially provided for by law. |
maintain that these two Offices ara certainly provided
for. IL s beyond all controversy ih.t the Office OF
Governor j, provided for and the office of Lieuen
ant Governor is provided for in the 18Th section
Let me call the attention of The House 10 this seo
tion-'tlie manner of conducting and making returns
of elections Of determining contested elections, and
of filing vacancies in office in cases moi specially