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

Governor, i"r the simple purpose oi preserving !rr
rum and oni"fcin: the rni-S 81 order III ''r y
us-. u wa, inr larger purposes Than ms '''n' '
office of Lieutenant Governor wn- c'-"i-a. ana S"'
hava fallen far short Of providing ir III pefih:hfr
u( the duiss n' ihi- "th'- when y"u have "hiy pr"
vlnet preiirn. officer for The Other branch "i III"
Ci-Ecr6i Assembly.
II then. MIR S2eak,r gentleman have ta;isi H.
;lirir rifot tn .hpw fha: The Gaze =" sac';;''', ~
.h- "iic. O! !.-u:-hsui Governor J. specially pro
vided Tor III tins Constitution. we ara h'uGd ny ~
lnanda:e IL pr-.gr:b- by law the nalii-; "t hh'n-
hi. vacancy. fhr bill before ha- been framed "
accordance E;iI that mandate. 1. IL t!-rcriy assai'r
nv gentlemen, who not only deny our power 20 Hd--
1uy bin upon this subject, bu, who at-o ih'rfpas-
constitutional objections To The d-ts''' OF 'is 'n-a
-are. The simple provision for pre- !empiIr ap
ponneut by JOINT vote nt the General Assembly, t'
continue only until the election by the people IL De
nouncei ~ invasion u: popular .Shit. aE'i an al
Iiional infraction Of The Constitution IIe gentleman
from Halifax. contends that the power 10 prescribe
the manner Of filling vacancies Is only power Ia
direct the manner OF conducting the election. The
Constitution Itself having directed The Lieutenant
Governor 20 be elected by TIE people, the provision
extends 10 the election 10 ill the vacancy - vel! e
20 the original election. according 10 his view. The
only clau-e which requires the Lieutenant G"reTu":
be elected hy the people, r,lires him In be elect
ed AT tie same time that Governor u c!ec'ed, aid
1T the Times md places Tor eer,ing members Ct the
General Assembly. ii h, cgu,- sp?';rs 10 elections
We can oniy fill this vacancy WHEN We e!=r; Gov
.rnor aud members uf th- General Assembly This
il virtual deuial vi the power and would render II.
eIercis. imprac;icao!s and absurd In requiring us
prescribe the manner OF filling vacancies, The hole
authority over the subject is delegated 10 ia. The
mode OF filing the vacancy is 10 he prescribed by
the Legislature. This power should be exercised by
ia under the influence .. The obligation 10 conio!m
the mod O, h!!ins te vacancy a. nearly as conve'
MEN; .he neral cope and purpose at the C"nsiI
81.
Constitution re1uirAs the Treasurer, Auditor ct Pab
lie Accounts, and Secretary Of the Commonwealth,
10 b- elected by the General Assembly. Yetif q va
cancy in any OF these Offices during rece-s,
your Law authorizes the Governor IN fill the vacancy
until the General Assembly ect. and the cOns;I.
nationality oi this; law has been Questioned. II
we To follow the Manner Of the or nai appoint
nen', in filling the vacancy, will my friend from
Halifax expain how the cons!iutunality u the law
10 which l have just adverted can be defended =
The expression ''nanner OF filling vacancies is Tar
NOR. comprehensive than the gentleman admits
The Constitution gives this comprehensive meaning
70 the word ''manner." wherever it lie employed
When it directs the Lieutenant Governor 10 b. elect
ed by the people II simply directs that the nauEer
OF bus election stall be the same as hs Of the Go
In another clause il directs that the man
her OF appointing mi!i:ia officers shall be- prrsrlb.
ed by law" The word here cnmprehends moi Only
,hs m-re form Ut Proceeding IN the appointment. but
the whole -uhiectthe "mnnn.r' of The appointment.
a choice -: manner IT l-tI 10 the Legislature.
presume that under this provision he appoint.
msnt Of militia officers might be conferred The ,
vernon. the Legislature. the County Courts. or the r.
gimens. Why We called Oh 10 give In"!e NARROW
meaning ~ the word ''nanner. when sppiied 10 the
subject Of Vacancies in cite. Than do when ap.
pli-d la KINDRED sulec's | admit that, in eA-Frs.
ing this discretionary power OF prescribing The
manner OF filling vacanies. We ought TO con
form 10 the spirit OF the Constitution. We ought
to prescribe manner az near as circuT-
stances will permit to the MAILER prescribed by the
Constitution Tor tn. original app Junent. Ths bill
is bssrd precisely upon this principle. The gva,i,
man says, that it tins vacancy is filled al sill IL ought
to be filled b. popular slecion. agree with bin, III
the bill provides for popular election. The g-nt-
man asya, tbs! the Constitution purpose!y strips the
Legislature Of the power IA eject n Governor or
Lieutenant Governor, in AIRY event, AID that our pro
vision Tor pro TN. election by the Legislature
vnlates the spirit AMI intent Of tt- p.t ot the Con
siitu'ion. | deny the fact. The Constitution rep"s-s
the power 10 r'ec; a Governor and Lieutenant Gov
ernor III The Legislature under circumstances
similar 10 those under which this bill eEtTu-ts
them with this power OF pro- kmp1re appoint
ment. The Constitution provides, that when then,
j. lie vote between two more OF the candidates,
the Legislature shall elec, of them by joint vote.
When The voice OF the people cannot be heari, :hh
Constitution expressly Substitutes The voice Of their
representatives here. Election by Ia. poopie, when
physically possibls and when it il phys,caliy impos
sible 10 ascertain how that voice pronounces election
by the General Assembly j. the plan ot the Cons,,u.
ton. We conform To- TINT plan. We require an elec.
ioH OF Lieutenant Governor ~ the people. Whli- i
il physically impossible 10 have tia: election, during
The short period, when We cannot learn tbs voice .:
the people, tax IL. substitute which IL. CLnsti
tuition Itself To under rim.lar crcunis spc.s.
We do not de;-r the election by III. people one hour,
nor keep our appont-e Ia Office on. boar after the
ps"ris sct. During the short time that must eapse
before popular election can be held while il is ply
rically upos.ibs to know the will OF tile people iii
rec;y, follow the analogy o the Constitution and
ill the vacancy pro Ten. by vote OF ihh repr-sen.
tatves Of the people.
Ii this bs III; invasion Of popular rights let the gen
teln-u make the mos: OF it Let W. contrast our
plan with thsirs. They Insist upon doing nothing
-avink the las rs II is and the vacancy untitled -
Your Governor dies or resigus-whu is Then +" per
torn til. duties Of Governor BY tue act OF isj2 the
Attorney General is 10 exercise tue Executive iunr-
iious. So utterly incompatible are The duties OF the
Attorney General and those Of the Governor that il
is morally impossible fur any individual TO discharge
the duties of both offices al once. heard my disIin.
cuishei fr.-rI from Northumberland. M! CLAY
BROOK declare in conversation iSw days ago ''iSt
il tie were Attorney 6-Derai and the exercise Ut tx
ecutive functions we're ,l-yoived upon him by the sci
of 1852 in order to biz conscience he would feel
compelled 10 res;gG his ,ilic-. The Present pcum
ben; for auyilt W. know may lake similar view
Who then succeeds to tho Executive iuuctiuns =!
The PreaideGt pro hmp1rs OF the Seuaie Tbs Sc
nate vii! thus de flcto, ill the vacancy in the Office
Of Governor. This il the anomalous position then.
to which gcntleme; Gasly arrive. The Lesisls'uf-
cannot authorize the people to ill vacancy IN the
,iiice of Governor ur Lieut.. Gnvernor-ihey cannot
authorize an appointment, pro- leMpjr.. by JOINT vote
of both Houses-but they can empower the Seratr
to ill the vacancy. by simply calling the n"w lncun'
snt Of the Executive office an erercl-er ot Executive
functions Ii you undertake 10 call him Governor or
Lieut. Governor, neither tn people nor their repre-
s.ntatvas can create nj incumbent "f the va.
cant office. Bn. il you Will only change HE
name, aud style him person To efefcise Eh
.cu;iye functions YOU can have him made IN
any manner that suits your taste. Gentlemen
can seq no constitutional obstacles IN The way
,t empowering tn. Senate 10 choose an officer who
is to exercise all The gubernat"rial powera. but IN
superebe obstacles islerIere when We attempt 10 en-
power III. peopls ar their representatives to do the
.aa. thing You cannot have al ind!r ldunl selected
BY the people ar the Legislature to ill the vacant
Executive oihceo-but you have iull power, and
ought to exercise IT, TO empower the SENATE To se!ecs
IN individual 10 hill those vacancies provided you
will oily profess Ia provide for the exercise 81 TX
ccu,iys functions aud deny that you provlds for The
case of vacancy. That ID the admirable condition
in which these peculiar friends of the people would
Mac. u.s. In IN. name Of the rights OF the people
they wnnId deprive the people and their represen;t'
lives ri voice 10 filling the vacan; Executive oi'
fee aud give the whole control to ihe small bn re.
spectacle body Of gentlemen who Elf IN The other end
OF the Capitol. When attempt by this bill. To de.
privs the Senate of this exclusive power tn. gentle
man from Wood gravely aud earnestly pr"
tests in the Of his constituents. Mr.
Speaker, / hardly think the geniemans con.ti
tuents will thank him for the practical result OF his
protest. when be transfers the power in question 10
BODY ,Sbe.e one Senator from Halifax representing
two delegates has equal voice with the Senator
from Wood district, representing hve delegates. Does
I'M. gentleman feel that wrong il done to Ms constr
tu.nts wlsr they are placed footing OF equality
With the eunstituens OF the gentleman from ii7lin1
The bill seeks to give the gentleman constituents hs
much contro! over this vacancy as - exercised by
the people OF Halifax. The gentleman protest.
against il, and, if We follow his cOunsel- five Wood
county eu will only have AZ much control over lie
appointment AZ two Halifax men
If INV friend from Wood will sten to my counsel,
| would advice him 10 be- ralhsr more cautious OF
himself III. n-z: time that he undertakes TO shhke
over our heads the rod OF popular vengeance. The
gentleman from Monroe too tried his hand at fright.
ening us from our propri.iy. lie tried TO touch The
poke; nerve. When The gentleman, at the c'oae OF
that speech TO which We Nil listened with go mach
pleasure. appesed to us in such importing style TO
saye The people. money, by defeating this bili' ne
lnnS 1,