Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1858-01-29

IN slCn Chsc5 eHdll VI prescribed ny ldWi lubl c
The .Inanner of determining the contested election"
for the two high executive officers. Bring the return s
10 this House, have them opened here, counted herr.
in the presence OF the Senate, and you need no law 10
prescribe how the contested election shall be deter.
mined. The Constitution has plainly provided for thIa
case specially. Order The proper officers to open
polls for II Lieutenant Governor and Governor at the
times and places OF choosing members oil The u -nersi
Assembly, and the Constitution directs every future
step which the officers shall take. The returns are
to be sealed, transmitted to the Speaker, opened and
counted here, and the contest settled here:
come now TO the last clause OF the 3ofh section
upon which 30 much reliance Is placed: -" ne manner
of fHng racaRcies IN Office in cases not specially
provided for By this Constitution shall be prescribed
by law. Was this clause intended to deprive me
voters Of the right TO elect to fill a vacancy or IL
command TO the Legislature To prescribe oy Ia" no"
the voters should enjoy the elective franchise! IL II
clearly designed TO carry out the PLAIN purposes oi 'ne
Constitution. Where the people elect, at IL general
election, its purpose is TO direct the Legislature how
and when they shall elect in a special election. It's
a command to the Legislature to prescribe the dutY
OF ministerial officers in holding special elections. Ii
does no, take array the shccii0e .frdnchiSe. but II spe
ciaily provides for it's proper exercise. ltis not de-
signed TO change the body OF electors but to enable the
electors to exercise their rights. The immediate sub
srquent clause explains its purpose ana design: "Ihe
manner of filling vacancies in office, in cases not spe'
cialIy provided for by this Constitution, shall be pre-
sribed by law but special elections to hl vacancies IN
the office Of judge of any court shall be for a itll
term" This clause does not specify The manner Of
filling p0cdncies in the office of judge-it only
says, when the vacancy as tned, 1t shall Do Tor
a full term. 1t leaves TO the Legislature the designa-
ton OF the manner. And ths Constitution specially
provides for the election of Judge at the general aec
ton, by the voters of the circuit Or district-and the
manner of election mast be the same in q special
election-the voters must elect ia both cases. If the
Legislature can change the electors in one case OF va.
cancy, what prevents that change in every case OF
vacancy! Filling the vacancy for q full term, does
not alter the manner OF election any more than
filing the vacancy for the u%ne1pired term. nor rice
yrrsG. All elections for vacancies Are special cleo
tiuns. This nj judge is q special election for a full
%term-but still n special election to fill n vacancy-
and is not changed i'll other respects iropl special cleo
tiOns 10 fill vacancies for u%neIpirrd terms. II you
construe the words manner OF filling vacancies In
office to confer upon the Legislature the right to
elect, ard to deprive the people OF that elections; then
the power ia general, in respect to all vacancies in ct
fce-of judge as well rs others. For theirs is no
Limitation upon the words in the 3Sth s-ctioni and the
length OF time for which you elect, does not chang.
the power TO elect. You can draw no distinction be
tween vacancies in my uilice.
This bill provided for filling q vacancy in the Office
Of Commissioner of Public Works by sjolnt vote Of
the Legislature but on yesterday, the gentleman
from Culpeper iMr. BARBorR) moved TO strike out
that clause. 1t was done, and whyl The C0n.tIiu.
ton directs the State to bs laid off into three districts.
each ons of which districts shall elect q com'n's 'ioner
by the voters thereof. The question suggested itself,
sNoAId ilC A'C N't' ~ ltO W. INV ''h''ef 'N'''N
and vote to fill the vacancy-or should tho whole
Legislature participate in the joint vote! The dis-
trict was to be deprived nf its member of the b lard.
and Of the right Of election under this broad claim OF
legislative power. The usurpation wac too trans.
parsnt-the humblsst intellect could NOT fail II con-
cluie, that the Constitution had specially pro-
vided for the election of II Commissioner Of Public
Works by the voters OF each district, and never de
signed The special Or general election 10 be made by
the Legislature. And so with respect to the Judge.
These cases are manifest where the Legislature can
not elect to fill a vacancy. The ssms arguments
apply when the voters OF the whole State. IN their
sovereign or aggregate character, make The election.
The Legislature does not reprtsent the voiers IN that
Character, any more than il represents the voters ot r
special district. The House of Delegates represents,
to soma extent, equality Of v0.srs. III counties and dis.
tricts, but the Senate represents 4 combination OF
population and taxation in another organization OF
districts. In one house. the East of the Blue Ridge
has Il minority, and in the other the West. a maio
ri:y of votes in the joint vote of the two Hous =
does not necessarily constitute q insiority vote OF the
people, or any representation thereof. The power
conferred upon the Legislature is not for making the
election themselves. but 10 q command TO prescribe. III
general election lave, for the fair exercise by the pro
pie Of the elective franchise: And when the Peopl-
have cart their votes, the Constitution provides tor
the manner Of making the returns and deciding the
contest. You have no right to alter the constitutional
manner of deciding the election. Pass your law in
conflict with the provisions of the Constitution, an!
let one case of fraud or corruption be successfully
WV '"A Wv" 'h'S ''S'h' NV ''''''
popular election, and undermined the foundation of q
pure representative government. The precedent will
bring in its train innumerable evils, which may be
safely avoided by adhering to the time. place, and
manner provided in the Constitution. Those Ara the
safeguards, which the people, in conventions. have
thrown around the election Of the two chief executive
oiiicers-which they thought necessary to secure the
purity Of eleciions-and they have appointed the
highest tribunal, the two legislative bodies, in joint
session, to zee that the votes were fairly opened, fairly
counted that by joint vote they should decide a tie,
and choose the Governor, and by joint vote decide n
contest. They have invested the election with &
dignity and s%n!emnity, because it il the election by n
majority OF the whole voters Of the State, aud ap.
prosches the eIercis. Of the true sovereign power OF
the State. To devolve upon any inferior tribunal. the
duties imposed upon the Legislature, is a crea, de-
psrture from the plainly expressed will OF the Con-
ventinn.
But my friend from Northumberland (Mr. CLAY.
BROOK in thu ardor of discus .ion, was not satisfied
with announcing that here WAS q vacancy, which the
Legislature waa commanded to fill, but liz denounced
il n n r0cwmn, which all nature abhoTred! The ancient
Roman did not look down upon that vast ch8sm which
had opened in the forum. with more horror than the
gentleman did when he contemplated this vacuum
1t Occurrsd to me that he must have ready some pa
triotic Curtius, who, with self sacrificing devotion to
his country's csuse, WA ready TO throw himself into
this awful vacuum. Such is the hot haste TO fl il,
that a temporary election inuat nllow-an appoint
ment pro kmpore, until a further election i'd made fur
the unexpired term by the psop.e. The anomaly OF
a vacancy existing for any period, must not be.
whilst 30 many stand ready to serve thsir country
Such sensitiveness did not exist among the franors Of
the Federal Constitution, in the days that tried mems
souls and tested their patriotism. Those sages could
contemplate and provide for vacancies in the office of
President and Vice President. without election, by
directing the President Of the Senate and Sps.ker of
the House of Representatives., to act IA President.
when vacancies arose ia both offices; and by leaving
the vacancy in the Office Of Vice President existing
alone. during tho whole term. They thought it un'
necessary to provide for electing a Vice President TO
fill q vacancy.
There is another view which I wish to present,
which wss very ably argued by my friend from Mon
roe, tMr. CArEKros.) The manner of filling vacan'
cies in office shall be prescribed by law, "n cases not
specially provided for by this Constitution" But, It
this Constitution has specially provided for the case OF
racancy in TIE office Of Lieut.. Governor, or made q
special p~rorisioa applicable to that case Of vacancy;
that ia, q provision separate, distinct from other va
caIcies in ofice-thia case OF vacancy "ls specially
provided for and the Ssh section does not apply tn
the vacancy. II this case Of vacancy IS specially
provided for, the law cannot prescribe for filing il
In discussing this portion OF the subject, the attention
of the House is called to the clause of the Constitu
ton creating the office Of Lieutenant Governor and
prescribing his duties:
{ SO. A Lieutenant Governor shall be elected at the
same time, and for the same term "a the Governor,
and his qualification and the msnner Of his election
in all respects shall be the same"
"9. In case ofthe removal Of the Governor from OF.
fee, or of his death, failure to qualify, resignation, re
i m0YSl from tie Stalsi or lnhDiity 10 uiHcnaTsb u
powers and duties of the Office. the SAIL o6ce, with
it's compensation, sball devolve upon the Lieutenant
Governor; and IKE General assembly shall proridt
BY lar for the discharge Of the EreciAire functions
in other necessary casts"
The frat Of these sections defines The lime, term,
manner Of election and qualification of Lieutenant
Governor to be the same in all respects az those of
Governor. The second devolves the office of Gov
ernor with its compensation upon the Lieutenant
Governor in the cases specified. The language
should be carefully noted. THE said office, with its
compensation, shall devulve.' When a vacancy oc
ours in the office of Governor, The Office is cast upon
The Lieutenant Governor. Having provided for the
election Of two constitutional officers with similar
qualifications and formalities OF election, the Consti-
tuition makes no further direction for filling q vacaD.
CIV in the office of Lieutenant Governor, or or both
officers, by dsvolving the Office upon another,
but it expressly orders otherwise. 1t sewers