Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1858-01-08

United and declared in the lDh amendment that all
powers not given by the gran,ors are retained 10
the Sata Constitution all power is derived from the
people, they hsva mads special grants OF power TO
the State government. aud what they have not grant
ed have they not alike retained 1t you adopt ths
wild rule Of construction that what is not expressly
reserved IL granted, you would have no use ior
Constitution. All that would be- necessary would De
fsw clauses saying the Legislature shall not de- ttS'
and shall not do That, and all else would be
in the range OF Legislative action. lou con
slider the Fad-ralisis laitudnarlans Ill con
struc:on, because they make encroachmeh,s on
the general reservation OF. unexpressed f,gh's'-
How much more latitudiDous are you, VINO en-
croach upon the specially expressed and especially
reserved rights Of tho peopls1 The people nase, 10
an unmisiAkeahle manner expressed thef ei E
faction at the offices being filled by tho Leg =
and by living letter have reserved to themselves ts
the RICH: to fill them. Now, by picking ont HI OBJ
scurs clause in the Constitution, Intended to provide
for minor and unimportGnt offices, ana cass' e"N"S
omiSsus, you are to return to that when was pro
hibed, and usurp that especially granted anu stu
tify the members Of the Convention by saying thar
they have not specially provided Tor Single
Executive, Judicial or Ministerial.
IL is commended that because infinite confusion
might reign throughout the Commonwealth .py r,e
Legislature filling all the vacant Offices, from the 20
vernon down"-that this is only al argument asa'h't
the exercise OF the power and not against the power
itself Patrick Henrys argnment against inc powers
of the Constitution of the United States VIII apply
that you may get out! Grant power that you expect
will not be exercised If this 18Th section conters
these powers will they not be exercised
Mr.. RAYMOND, OF MARION, said
Dir. SPEAKER rise tor the purpose vt addressing
n few remarks TO the House upon the very important
question now under consideration before this BODY.
feel embarrassed Elf in undertaking that task because
do not profess to bs eIpounder OF the Constl'u'
ton and laws they apply to subject OF ths DELI
cate character. am reluctant to consume the time
ala hnnan mt N i
entertain that my views will tend but little 10 influence
the course of members in reference Ia this question
propose. however TO discuss 1t briefly ana 10 no 30
in form-firs 10 inquire into the power OF the Cover
nor to fill vacancies when they occur; and secondly
to inquire into the power of the General Assembly
and not only the power, but the duty oil that BODY 10
| provide for the filling OF such vacancies.
| Before | commence my argument upon the power
of the Governor wish to coll the attention oil mem
bers to the qualifications of Governor 1t will ba
found by reference to the 5h article OF the Consitu'
on sec. g. that "no person shall be eligible to the OIL
flee Of Governor unless he has attained the age Vi
thirty years, is native citizen of the United States,
and has been citizen Of Virginia for five years next
| preceding his election"
In the 9Th section, it says "a Lieut.. Governor
shall be elected at the same time, and for the same
term as the Governor. and his qualifications and the
manner Of his election in all respects, shall be the
same"
Now, sir, il the 81 section OF the Constitution
means anything, il means this, that 10 man shall be
Governor Of this Commonwealth, That 49, that ne
shall not discharge the responsible functions OF mat
Office, unless he has arrived at tho meridian OF lie,
or in other words, until he has attained the age oi
thirty. And, sir, the section under the head OF
| "Lieutenant Governor" TO which | have referred,
proyjdea TINT the "dualification Of a Lieutenant
Governor and the manner of his election in al re-
spec,s shall be the same as that Of Governor. Sir
what does that meant The object OF the Constitution
was, that in case the office of Governor become va
can't he was required to be thirty years OF age, so
| rbo; ~ into ad ah0uld
case of his death, resignation removal, &c, should
have like qualification have endesvored to follow
| gentlemen who discussed THE question already; and
must confess without intending to cast any refieo.
| ton upon the position which they have assumed,
that feel unable to do 80 from the conflict which
they exhibit in the expression OF their vews shall
not undertake TO follow the gentlemen who discussed
| this question on the other side throughout their
whole line of argument tor the reason that IN doug
| 80, | should be compelled TO occupy longer period
than would be consistent with proper regard for the
| valuable time of this House. Besides, find one
| taking one position and another taking directly
opposite position to sustain The same proposition,
thus rendering il almost impossible to reply to all
shall not attempt to do co. but shall contne myself to
the discussion of the most prominent points involved
| in this question.
[ now beg leave to call the attention of the House
| to one remark of the gentleman from Monroe, MR.
CAPEKToN,) who, regret to see, is not IN his sea
and for whose opinion, upon all questions appertan
ing TO organic or statute law, have the highest ro
spect. He assumed the position before this House
that the Lieutenancy-as the gentleman who last oc
cuped the floor was pleased TO coll it-r0s an oB1ce
| But, air. the tenor OF his argument as l can show
this House, is this, that il the Lieut.. Governor be
elected and qualities he akes upon himself the re-
sponsibilities of that Office but il he Dies resigns
Sc, tho office continues vacant until the next general
| election understand his positiOn 10 be this, and
! now shall state my premises and argue from them.
Why ia it that We have Governor Why is 1t
that the representatives of the people in Convention
assembled provided for the election OF Lieutenant
Governor Was il because that Office was not ne
cessary7 Ia it to be supposed that Convention he'd
for the purpose of forming Consultation, would
submit that Constitution to the people for ratification
while one OF it's most important clauses was to have
no practical applica'ion-or, in other words, u the
| encs To anntl;sr purpose than that OF presiding
over The Senatel 1t woud. indeed be work Of gu.
pererogaton, according TO the gentlemans viewa OF
| the character and functions Of thar oihce. Ii IL
part of the machinery Of the government, and ia,
| therefore, necessary 10 the proper working OF the
whole. The gentleman over the way Mr. WARD,l
who last addressed the House, seeing tho difficulty
into which gentlemen occupying hi. side OF the qaes
ion had been led, takes the ground that the Leuten
| ant Go vernorship is no office ut ALL
| Mr. WARD.-I do not say that the Lieutenant Gov
erporshp is not office. say that 1t is an Office; hut
ssy that tie whole official character Of the Leuten
| ant C;oyernorship consists in this, that lie is Pres
dent OF the Senate, which. Of course, Is an olce anu
that he may be Governor under certain contingen'
cies which is also an Office. hold that the appoint
! ,n.nt of a President of the Senate must be merely
,ro tenn, and that the only way to fill the office Of
Lieutenant Governor il, by the election IN due con-
stituiional forG-that is by the popular vote-ot
parsonage who, by virtue OF that electiou shall be
competent 10 discharge all the duties attaching 10 The
| Lieutenant Governorship.
| Mr. HAYMOND.-itliinkI have not misunderstood
! the gentleman. / understood him TO cay that the
Lieutenant Governorship itself ia no Office hut thai
the President prO tell of the Senate 10 an olfice
Ill III In nnuttin haEn ra
the House, that the presiding officer OF the Senate Is
constitutonay the Lieutenant GOvernor-that II Is
mar, of the functions of the Lieutenant Governor TO
preside over the came until the contingency arises,
which is specified in the Constitution, and that is
| when the oifica Of Governor becomes vacant by
DEATH resIguation removal from Office &c Then
bs masses from the Senate chamber and he exercisea
the functions, and fills the office OF Governor
am not asonished at the hair-spiting distinctions
| which the gentleman endeavOrs to make, because
there il no other door through which he can get i
had supposed when voted for Governor and Lieu.
tenant Governor. that the office ot Lieutenant GOV
ernor as constitutionay defined WAS an office OF fh'a
government not only regnrds tbs presideDcy over
the Senate but the competency OF its incumbent to
fiji ths Office OF Governor in the event OF vAcancy
in that Office had supposed, and am now OF opln'
ion that the Convention which framed the Con
suon, placed him there unlii contingency
| should arisn when il would be- necessary for
him TO undertake The duties OF Chief Executive ct
the Commonwealth; and that the Senate has the
power to appoint President pro tenn OF that body.
Sir let us look stths power. The gentleman says
thai An ofiics does not depend upon that contin.
gency. 1t is not mn Office until the party is in prac-
tica discharge of the duties OF the Office. Now sir,
for the snke Of argument, am willing to admit the
gentlemsns proposition and in connection with that
House TO the proposition made few minutes ago,
and that is that it is part of the duty of the office
of lieutenant Governor, while that office is in being,
and until he becomes Governor, to discharge the
snecial duty by the very provision that creates it,
and not only that, but it s.provided that bis pay
while acting in that capacity shall be the same Is
that of the Speaker OF the House of Delegates. What
is his pay, sirl Why, as Lieutenant Governor, by
virtue of the Constitution he s presiding officer Of
of the Senate and while TINT body in session. he re-