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

u was never Questioned. And il You tell ma that n
vacancy in The office of Lieutenant Governor cannot
be filled because all election for that Office does not
take place but every four years, say you might with
equal force tell me that vacancy occurring in this
House, or in the Senate, cannot be filled, because
members Of the Senate are elected every four years
nor in the House because it's members are elected
every two years
! Mr.. WARD--I would ask the gentleman III case
vacancy should occur in this House, can you provide
for filling it, pro tempore, by joint ballot be'ofe lie
issua OF the writ OF election Z!
| Mr. RAYMOND. Twill answer that when come
to consider the question in regard TO hls amendment
now discussing the power of this body IN REGARD
TO certain vacancies and do not feel it my duty 10
ascertain the powers of this House with references "
the filling pro tenn of vacancies occurring withim "
In referring to these Offices in which, according 10
the arguments of gentlemen the other side: Var"n
ces should exist until the period for the regular eee
ton should arrive, | omitted TO mentioh 'i'at VI
Commissioner of the Board of Public Works, when IL
elective every six years. According TO this arg
that office should remain vacant for six years. assu
ming that the vacancy should be created immediate
alter regular election. And go with regard 10 'ne
ONCE OF FIRST and second Auditor, and every other OF
hcer OF this Commonwealth. Ifths argument IS COCO
tor one purpose one side of the House. It ID Sood
tor another on the other side.
Now, the question arises, TO how the Office oil
Lieutenant Governor is to be filled. l maintain thai
We have not only the authority to fill this office but
that we commanded TO do go And shall show
the gentleman on The other side MIR WARD) before
| take my seat, that although he maintains that the
Lieutenant Gorernorshp ID not office, yet that he
uses the terra Uica in connection with it, and con
cede., no doubt Inadvertently, that it is an office.
MAYNARD here stated that he did conceds it WAS
an office in virtue of the function Of presiding over
the Senate. which attached TO it.
Mr. HAYMOND.--I understand the gentleman's
argument. Ii is that after he is elected aud sworn ill.,
he is not officer until he enters upon the discharge
OF his duty rs President Of the Senate. understand
the gentleman TO say that by virtue Of the power
vested in the Senate, they may elect nm officer who
il not Lieutenant Governor, and therefore, tho mere
fact of his presiding over the Senate OF the State
does not make his position cliice. But, sir, un
dertake to show, that we are not only authorized by
ths Constitution to fill this vacancy, but that il IL our
b0uuden duty TO prescribe by law, how this vacancy
is 10 he filled.
have attempted 10 show that this is Office and
whe one gentleman says it is and another says II ls
not We must look to this instrument to see whether II
IL or not. The Ssh section, article ill., oil the Constr
tutIonreads: The manner OF conducting and making
returns Of elections, of determining contested cleo
lions, aud OF filling vacancies in office in cases not
specially provided for by this Constitution shall be
| prescribed by law"
| Sir how do you propose 10 do tl admit the gem
teman is more liberal than others ~ho opposed
to the power oil the Executive to fill the vacancy.
agree with him a5 TO the propriety OF sending the
matter before the people; but 90 little farther. As
the voice OF tho people cannot be heard now, pro-
pose 70 carry out the provision o! the Constitution
|
gatory upon us, 10 prescribe by law how the vacancy
shall be filled. How will We doso The Gaze never
| may occur again perhaps but we propose by JOINT
ballot, to fill the Office until the people shall Act
What do the opposition propose! That the Senate,
a body elected tor four years shall elect presiding
officer and hush into silence for the time being, the
voice OF the people. We ere to prescribe the man
ner IN which the vacancy is TO BIZ filled. What Ia
that manner IL is, until the voice Of the people
shall be heard that the representatives of the people
shall say, who shall be President pro tenn, aud who
shall be Lieutenant Governor. IL there anything OBJ
jectionable in that l am told that we who sustain
the Governor, advocate his power to make this ap.
p0iDtment. We hold that oil the offices provided for
in the Constitution shall be filled; and that if the go
vernment, in its operations should be stopped or DE-
barred we are 10 prescribe the manner, and We have
tho power TO say, that will till the vacancies by
joint ballot until the regular election takes place at
the ballot box.
| There il another view of this question which da
sire to present. have already detained the House
longer than desire; but this s question OF very
grea: importance, and | would fsin claim that h
my apology for troubling the House TO this extent.
We are all sworn to uphold the Constitution ct the
State and it il, therefore, necessary that We should
understand it. that may act in conformity with its
requirements, and enforce its provisions more faith
fully shall pass another branch OF this Question,
aud it is this. II the Interpretation given by the gem
tlenan of the constitutional provisions bearing upon
this question be correct-and know he as honest as
| myself in his construction of them-then my people
| nave Oe6n laoOr!nR under q gross ul|5tdke' ANU
undertake to say, that not only they have been labor
ing under mistake but the great majority OF both
political parties Of this Commonwealth. IL ia agreed
that the Constitution Of Virginia i'd compromise be-
tween different sections and it was arrived at after
much contention and naliguity OF spirit; and
by that Constitution it was compromised and agreed
| ny the delegates of the people who ratified it at
| the polls, that we to have The Lieuten.
ant Governor; and the people, and the diff
| irrent parties, acting upon that suppositlon,
in making their different nominations, gave to the
| Enat the Governor and the Attorney General and TO
the West, the small office Of Lieutenant Governor
And the proposition Is, upon the part OF gents'
men who differ from this question, 10 take from
| the West the only popular constitutional ohcer that
| che has, and leave her without anything. They pro-
pose TO confer the power upon the senate 10 appoint
an oir.- de.L",s7 functons of President pro
tenn, which last named body is arbitrarily c0nstitu
ted by provision Of the Constitution, so that the
| East has maorty OF ten, while the W--i, in this
House. has majority OF fourteen upon the suffrage
| basis.
| NoS, | put the question TO gentlemen from the
West and from the East, of all parties TO know wbe
Their they nr1 willing to break down, and utterly dis
regard the compromises OF this sacred instrument,
whereby the West, :shch is not Gully empire, but
10 sufficient of herself TO constitute two pres, shall
b. .rnLchised, contrary to the understanding of
al parties! make this allusion, not by way OF in.
| voking sectional feeling, bat with view OF appeal
ing To the justice OF members Of this body from the
Easf we'll as the West.
! Having made these remarks, conclude that the
Governor legmat-ly exercised the powers vested in
| him by The Constitution, and that the General As
1 sembly has not only the power, but that the COnsi
tuition says, it shall prescribe the manner Of filing
vacancies. Ii you adopt my construction the gov.
ernmenta! machinery, in all s parts. will be in har.
| mony, and the people understand il; but If you
sdop; different construction, all will be confusion,
and the people, rs well rs the General Assembly, will
be left on broad sea without n compass