Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1858-01-22

,
enacted! 1t WA to provide for the vacancy IN case
Of the death of both the Governor and Lieutenant
Governor, no matter whether the ons preceu-d l"h
other or not. II there is a vacancy, tnen the IA"
passed 10 3d. in, and provides Tor Inc vacancy
by designating the parson who shall! take upon MN
eelf the discharge Of the Executive duties Ia THIS
fair Interpretation of the awl This IL inc lh'erpFes
tation which feel confident would be gwen 10 u II
the matter submitted to any judicial triouna oil
the State. II was intended 10 provide lot Vacanr'p'
both in the office Of Governor and Lieutenant GOV
ernor, no matter whether the vacancy 10 me one
preceded the vacancy in the other or not IL thero
ia vacancy, end no one to perform Tue EAecal''e
functions, then the law is operative.
But sir, it il commended that the Legislature nus Inc
power to make pro tempore election Oh Lieutenant
Governor. /! have succeeded in making myself
understood, hope have succeeded in establishing
to the satisfaction ofal who listened to me- that there
is necessity for any action, or no authority lot any
action on the part of the Legislature, either with re-
speot to pro tempore election an election oy me
people, because the Constitution has mace proVsion
for The vecancy-a provision which was satisfactory
to them and if il is not go to us, il does NOT aalnor
ize us to usurp power which the CONSTITUTION I mas
not conferred upon U.s. The trainers OF inc Const
tuition deemed it sufficient in order TO provide for
vacancy in this office to provide for President pro
tenpore for the Senate. II you think II 10 not suh
ciently provided for you are not Justified neVerthe
less in usurping power which the Constitution has
not conferred. They regarded it us sufficient They
made no other provision, and we must he content
with the provision they have made without iDehding
and adding tc an instrument which is the fundamental
law for our government.
But, cir the Legislature has the power, it has been
commended How, and by virtue OF whati suppose
it had the power under this 18th section, which nave
endesvored TO show, has sort Of relation 10 this
Office, will the Legislature take upon itself 10 u'urp
the power of the people7 Will dsfranchse the peo-
pie in regard to the election of this office! Ii you do
it for day, you may for week Ii you do 1t tor a
week. you may for q year. And il for year. you
may do il for the whole gu5ernaorial term. What IL
there to restrain you What is there to limit your
power to pro tempore appointment. You propose
taking this power from the people only for time, ii
is true but if you have authority 10 take II Tor
one week, you have authority to take It Tor
yesr. Why, sir, under this general power TO NIL va.
cancies, you can do anything in the way OF filling
vacancies.
saw in the report of the speech OF the gentleman
from Marion tMr. HArAoED) an inierrogatory pro
pounded by the gentleman from Logan Dir. WAkpl
10 the right oil this House to fill pro empore va.
cancy occurring in its own body. Sir, can the Legls
laure if there is vacancy in the ssat ot any Of its
members, make a pro tempore appointment
Mr.. RAYMOND. My answer TO the question
was that with regard to filling vacancies, far Us
senators and members are CONCERNED, the Condfita
ton does make special provision II authorizes and
expressly directs, that in Gaze Vacancy occurs, b
writ OF election shall be Issued.
Mr.. CAPERTON. WE'LL sir, that does not meet the
case Between the death Of the representative and the
tune when the new member who may be elected conrs
and takes bis seo vacancy exists and the question
is, you till III Sir, here is vacancy between the
time at which it occurs aud the period fixed by law
for the election can the Legislature Gil III
Mr.. RAYMOND. maintain that the Copstitu.
ton specially provides the manner Of filing vacan
cy in the Office of delegate Of this House or Sena
tor, and, therefore, the Legislature has power to
act under that provision Of the Constitution. But,
maintain that the Constitution makes no special pro
vision for filing vacancy in the office OF Lieutenant
Governor and, therefore, tho General Assembly hs,
the power 10 provide for filling it.
Mr.. CAPERTON. Sir, that docs no, meet the
case. The Constitution has made provision for fill
ing the vacancy between the time of its occurrence
aud the time of election by the people.
THE manner Of conducting and making return. o.
elections Of determining contested elections, and o
filling vacancies in Office, n CAGES not specially pro
yded for by this Constitution, shall be prescribed bJ
law" &c.
Is that the clause upon which you rely for your au
thority 1.-The manner OF flling vacancies" auiho
ri7es you TO fill the vacancy itself THE refers mere
ly to the mode, and not to filling il.
Mr.. HAYMOND.-Wi the gentleman allow me Il
ask him question 1t is said that our proposition
aims 10 u7urp the power of the people, and it 10 main
tanned that the President. pro tenn. Of the Senate
would exercise the functions of Governor under GER
tain contingencies. Now, sir, desire to know whe
Their 1t i. odious for both Houses to elect tina
officer, than for the Senate to elect It's own President
Mr. CAPERTOS-Sir,t the Constitution has provi
Senate, and place myself upon the Constitution
That instrument conters the power; bat would ask
where does the Legislature derive the power to elect
a Lieutenant Governor l ask the gentleman &c
point TO the particular clause which in terms confer
that power He asks ms which would it be more
odous to elect, President, pro lem OF the Sen
ae in pursuance Of the power given by the Cun9ttu
tion or to elect a Lieutenant Governor by the join
vote of both Houses
Mr.. FAUNTLEROY.-I desire to know, categori
If he hnl1e that in contingency thb Prssl
dent pro tenn, of the Senate ever exercise hI
ex scuve functions il there ls no Governor or Lieu
tenant Governor
Mr. CAPERTON.-Iu pursuance of the provision
Of 6 81 psSyds FIX es
Governor, Lieutenant Governor and Attorney Gene
raj, the Executive functions devolve upon the Prrs
dent pro tenn. He Is, however, only President OF tbs
Senate and is, in sense, the Lieutenant Governor
of the State, nor can be succeed TO that Office. Tht
law has provided, that in certain contingency he il
to discharge the functions Of the Executive Office
MIR. FAUNTLEROY.-lf he cannot be Lieut+n
ant Governor, or Governor, under the Constitution
can he ever be by virtue of any law
Mr.. CAPERTON.-I do not regret these Interrupt
tons at ALL because they serve to elucd8te and make
this subject more inteigible The law provides. thu
the General Assembly. after contemplating the death
resignation, &c. Of the Governor, and the devolutior
of the Office upon the Lieutenant Governor shall pro-
vide, by law for what Not for the filling Of The of
fee of Lieutenant Governor, In case Of his death be-
cause that is the FIRST Of necessity but for the dis
charge Of the Executive functions; and the Legsla
ture, in pursuance of that provision OF the Consu'
ton, hos enacted law providing that the Attorney
General Of the State SHALL in Of the death Of The
Governor and Lieutenant Governor, perform the
Executive functions. There is the law made in pur
suance Of plain provision of the Constitution. Thi
law reads:
"Thnt in case the office Of Governor, With its com
pen.aiion, shall devovs upon the Lieut.. Governor
and he shall be removed from Office, or shal die, fai
to qualify, resign. from the State or be una
BILE 10 discharge the powers and duties Of the Office
then tho Attorney General elected ty the voters o!
the Commonwe or il there be no such Attorney
GENERAL then the President of the Senate pro TEN;
if there be no such President. the Speaker of the
House OF Delegates shall discharge the executive
functions until there 10 a Governor or Lieut.. Gov.
erDor who can act"
Now, this is q provision made by the Legislature 10
ls52, under the authority conferred by this 9Th sec
ton Of the Constitution. There is the Legislative inter
probation Of this constitutional provision. Why did not
the Legislature provide for filling the vacaucy' Why
did not the Constitution provide for filing the vacsn
cyl Were the trainers OF the Constitution so utterly
blind to the duties which they we're called upon to
discharge as not to contemplate that there might be
vacancy in the ofhcs of Lieut.. Governor II was
easy for them 10 engraft provision 10 the effect,
that in OF the death of the Lieut.. Governor DC.
the vacancy slia be filed in the sams manner as is
provided for the election OF Governor Why die not
tho trainers Of the Constitution do that7 Because
tnty cOnsllcTtu tnht tuey ieiou
for the discharge of the functions of the office of
Lieut. Governor in cass Of his death; and the Lsgs.
laturo did not do it, because they had nc the power
Bu:,the plea of "neoesay a urged az Justification
the part of the Legislature to provide for this cleo
ton. Necessity Who feels the necessity No pre-
tends to say that thu meeting of this General Assem-.
bly, 10 affected in aDywse by the existence OF ths va
csncy. Who, that has gone into the Senate chamber
and seen them day after day since The expiration Of
that pro tempore appointment Of the Governor, can
Vii A
discharge its practical functions. You have man
nov presiding over that body, and is It necessary in
order that that body shall have President that THE
General Assembly shall make this pro tcmpo't elec
ton Of Lieutenant Govsrnor7 But the gentleman
from Northumberland tMr. CLAYBRooK) will proba
ably say that the Constitution abhors vacuum, erd
that this vacancy must be filled in order
that this system Of devolution may be provided for
You must have Lieutenant Governor elected in or.
der that the Office of Governor may devole upon him.
Gentlemen seem to contemplate the idea Of vacancy
in the Office of Lieutenant Governor with horror,
though in the federal government they oan contem-
for uhoa i'm the office Of Vice