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

y D-rsiaa tina s-iht- ISNH"'N'
th C,u.,,;uiion OF The flee Itself, :"n S "''re
h receives no salary .xrrI, HAT iJr IresshIns over
The Senne Bat be il obliged, umier the nope VI w
.,e 20 hold himself ready nj all tnes 10 lnee' .,.e
contingency whenever II occurs anu W ", ~
duties Of Governor whenever they e""N
ally d-volve upon hiIn. :.,, h;h "a
sav m. proyisinn of tho CoDatltutioa which re-.
orir.s the Lieutenant Governor to preside over the
Senate, was wse one 1t brings MN IN con'n .,,
With legislative business and other duties when VIII
ou,fy him the better to discharge tue Executive
dutips whenever they devolve upon him. IN
the theory of The Constitution s, that tnere s""',
a,ways be Governor and Lieutenant GoVerhot, anu
thnk will show that both ara provided LOT oy sne
Constitution, ana that both shal co.eaist. Now: sI'
IA there .ny reasonI do not ash the gentleman from
Monroe (Mr. CAPERToS) if there is any provision in
the Constitution, because know OF none-oul ask
him il there is any reason why the Lieutenant
Governor, having resigned his Office, the freshenl
pro tenn OF the Senate,or any other designated oncer'
should discharge the duties OF that cfhce! L 90
no: make tho argument, that the duties OF fresl-
dent Dr0 tenn Of tho Senate not part OF Inc daies
OF Lieutenant Governor; but ask him, Is there any
reason why this officer should discharge these du'es
or if any provision Is Inade any where LOT uel us
dhsrpe nv any other than the Lieutenant Governor
him-eI;l I maintain that the Lieutenant Governor
has no dues perform, except the incidental daty
of nrssidiny over tbs Senate. But the object OF Il
Lieutenant Governor il, always to have IN fssee a
qualified person upon whom the executive functions
shall NeVO.pe WEeneVrT lIe 0OFciuoi hoS
discharge them tor any whatever. IL Is I'M
possible ihat The President pro tenn OF inc SENATE
shall stand in the position OF Lieutenant governor,
fnr the reason that the qualifications Tor Lieutenant
Governor and Senator are very diliereh. Dut lhere
,nn.t he as sgid always, in order III accord 10 Inc
theory of the Constitution, and preserve i!s symme'
try n Governor and Lieutenant Governors Lieu
tensnt Governor ready 10 discharge hs duties OF TO-
vernon, or Lieutenant Governor actually discharg
ing the duties OF Governor. III, :.
,nlt vi Eil.nws
strikes me- as al Inevitable conclusion from inns JOIN
section that the Lieut.. Governor having resigned,
his placs must bs filled, because the contingency lot
vh;ch the office of Lieut., Governor was created,
may yet occur. And if that contingency snou'o DC.
cur without the existence Of Lieut.. Governor, II ID
impossible, so far as / can comprehend the argu'
ment that any provision can be made by whlch any
designated officer succeed 10 the ONCE, ana occu
nv the relations which be bears to the Chief Exc
tive of the Commonwealth. The Constitution pro-
yides Governor and Lieut.. Governor. Ii seems
that il bas made provision for all the contingencies
which NAV occur save that which haa occurred ana
for this no provision lie made by the Constitution. IL
authorizes The General Assembly to make Inc neces'
sary provision for this contingency.
The analogy, Mr.. SPEAKER, between the reueral
Constitution and the Constitution Of Virginia. is not
comnlsts ou. This has arisen from the fact that
whis there is express provision IN the constitution
of The limited States for The election OF President nc
cordn, 4, the forms Of the Constitution and the le-
nroyison In Tho Constitution for the election OF wee
PRESIDENT "And the President pro TEN shall perform
RI. duties of the office of President-referrng to
,ba event of f. vacancy in that office. He cannot
hecom. Presd.ni but perform the duties OF the Of
fcs of President, until whenl Until President be
elected. Suppose President is elected then. OF
course the discharge Of the duties OF this office by
the President pro tenn. ceases. SO that It appears IN
cuse the President dies the discharge OF The duties OF
thar office devov-s upon the President pro tenn ot the
xphe 1h1ra ia mn p,rp prrSI1pHf. Have We
anv such provision TINT Isl our Constitution! do
not stop recit- the exact terms o the constitution
because they have been so often read already, but
merely refer to them for the purpose OF showing that
there is evidence that the analogy between both Con
situations is not complete but is actually broken al
that point
Now, in regard to the Executive appointments,
there is one view which understand has been taken,
and that is that the power Of The Executive TO make
this appointment which is to terminate in thirty days
from The commencement of the next session, refers
70 those offices which elective by the Legislature.
[ confess when first had my attention called to the
consideration of this subject my opinion wac at once
formed that the vi hole design and scope of the Con-
sttution was thar power should be given TO the Gov
eruor 10 fill pro tenn, vacancies occurring in the Of
fees of Frst and Second Auditor, Superintendent of
the Pententary Store and the other offices which are
elective by liza General Assembly; and that il nsver
looked beyond that. Bur- sir, what wers the terms
of the Constitution Of 1907 l will read the cause
which relates to this question
And during the recess Of the Legislature. to fill,
pro tempore all vacancies which it may be the duty
of the Legislature 10 oil permanently"
Now, sir, what WA the condition of our late re.
form Conventonl Here they were engaged in fran.
ing Constitution which to take the place of the
then existing Constitution OF the State. ask, gen
tlemen. whether it s not an inevitable conclusion,
that when the provision Of the then existing COns
tuition prior 10 the adoption Of the present Constitu.
tiou limited the appointing power in the hands of the
Governor 10 the mef. filling Of vacancies in offices
which were elective by the Legislature, the p-ovi-
sion embodied in the pew Constitution on the came
suhisct expressly excludes that lmitHtioBf cay, is
not the conclusion inevitable that it was the de
sign of the Constitution to give, not primarily and
directly, but secondary and Indirectly TO The Elk.
ecutive power to make these appoiutmentsi think
the argument, upon contrast OF the provisions of
the two CONSTITUTIONS shows that the design was,
calculating the chances Of human life, calculating
III. occurrence OF accident ad calculating the posi-.
bili,y which it almost treason 10 suppose would
ever occur. OF the General A,-embIy failing to per
ceive all the contingencies that might arise TO leave
some point open whence thin power might come,
in order prevent an interregaum in the filling OF
these offices.
understood the other day q construction to be put
upon this act o 1852 that provision is clearly made
for the discharge OF the duties OF Lieutenant Govern
or. have copy OF this act L reads AZ follows:
THAT in case the office of Governor, with its com.
pensation shall devove upon the Lieutenant Cover.
nor and ha shall be removed from .iice, sha die,
fail to qualify resign Remove from the State, or be
unable to discharge the powers and duties OF the Of
fice then the Attorney General, elected by the voters
of the Commonwealth, OF il there BE- no such Attor.
n.y General, then the President o. the Senate pro
or If there be such President the Speaker
of the House Of Delegates shall discharge the Execu
tive functions until there Is aGovernr or Lieutenant
Governor who can act.
''Or shall die, fail 10 qualify" &C. Now, sir, who
shall die, fail to qualify or remove rom the State
The Lieutenant Governor, upon whom The duties OF
Governor have dev"lved according to the Coustitu
ton. II tn. Attorney General sha!lbe hs successor,
is according 10 every principle OF construction
too evident to admit of moments doub, that in the
case which exists. of the Lieutenant Governor
having resigned, the Governor being u" office, and the
latter should die resign there s Dobody To succeed
biml Under existing Legislation thepower Id express
~ granted to the Legislator. To provide tor what tn.
Constitution has attempted hut failed to make prOyi
sion for, the filling of this office
Now, sir, suppose the present Executive of TIE
Commonw should die resign the week after the
Ieoi.!ature nuourns, who would discharge the EX-
acutive functions7 understand the gentleman from
Monroe Mr.. CAPERToN) 10 cay that he can chow
that provision has been made for an event OF tlist
Sort and not only that the Executive under the
Constitution, had no power 70 ill tie office, but that
the General Assembly has not th5 power to do so.
Now sir say TO the gentleman from Monroe, IN the
spirit in which l am conducting the humble part
which bear in this discussion, that am up to the
las. moment before thevote is taken upon the oi'l
open to convictiun do not entertain view when
/, shacked at all by any pride of opinion, for would
consider that was acting unworthy not only of my
own character Nut the duties which belong to as
member of this House, if, on any question, much
more on a question like this, was detrred from orr
wing at Just aud fair conclusion by any such cause
say that il the gentleman Can onl! demonstrate
that provision has been made for THU contingency
that The Executive had not the power to fill this va
csucy, and that this General Assembly has not now
the power to provide for filling it, would
rather Gle in my than vote for the BILL because
the Constitution of Virginia is sacred 10 me, and
any one else who has taken oath TO support it, as
the most sacred of civil political compac;s ask
the gentleman, therefore, to inform the House. TO n-
form me. where is tine provision 10 tie Constitution
which provides for tn. contingency ~aicn has now
occurred or where il there section which provides
even an EXCUSE to make this appointment now1 The
General Assembly are only making provision for fill
ing the vacancy hereafter.
1t seems 10 me, sir, that the very casa which actu-
ally exiss is "n. in point aud that there is no neces