Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1858-01-08
FOR THE EsauIKER By r. hEAs
HOUSE OF DELEGATES
TUESDAY, JANUARY ), 1858.

TUESDAY, JANUARY ., 1000.
The snecial order Of the day having come up,
which was "a bill to amend an act concerning gen
sral elections passed 9Th of April 1853, so as to pro-
vide for the manner Of filling vacancies IN the once
Of Lieut.. Governor" Mr.. WARD being entitled to
the floor, said: L.
Mr. SpEAKER.-I rise to throw myself for short
time upon the kind indulgence OF the House. ain
fearful nothing shall be able to Ray will repay TIE
courtesy but the subject, hatter myself ls one fhst
will secure the most deliberate ana reepectiui conS
Iteration of this body. 1t ia question OF consiltu'
tiona Interpretation, the construction OF our iunda'
mental law and our action upon it will be quoted for
a precedent in all time to come. we should' mere
fore step with great caution and prudence; ana pet-
ter far will it be, in my humble judgment Tor TINS
Legislature to decline the exerclse OF ooooltu po"
or than to do an act that any portion OF Inc ouse
or country should deem act OF usurpaton. pro-
pose to eonfne my remarks TO one point alone. d's-
cardug all extraneous matter IL 10 no part OF my
business to enquire whether the Executive did rgh
or wrong in making an appointment OF Lieutenant
Governor; nor have anything to do with the conse
uusnces which may or may not How from the dis'
charge of a constitutional duty. With me the Con-
sttutioD is the supreme law, and one which nave
sworn to support. 1t must stand II the heavens ia
| The authority claimed to appoint Lieutenant Gov
ernor temporarily, by joint ballot, is drawn by gen
temen from part of the 18th section of the State Con-
stitution, which reads "a follows:
"rhe manner Of conducting and making returns OF
elections determining contested elections and OF hill
lug vacancies in office, in CAGES not specially provl'
ded for by this Constitution, shall be prescribed by
law"
They contend that the words "n cases, refer to the
vacancy aud not to the office that there s no special
| proysjon in the Constitution for filling the vacancy
in the office of Lieutenant Governor, and, therefore,
the Legislature hath the right to prescribe any msde
| in filling the office, they may choose. fut even II
this int erpre right, as to the meaning OF the
| words Gin cases." &C.. still apprehend fheir con
struction would not be correct for by the provision
of the very section from which they draw the power
1 nIiEnn anIt 81
10 entirely unproyided for by the Constitution. The
Constitution does provide temporarily for vacancy IN
the o.tice of President OF the Senate: I'm inc az,
sence of the Lieutenant Governor, or when he sDal
| exerc;se the office of Governor the Senate ebaii
choose from their own body President pro tenpore
This il the only office Immediately connected Win the
| Lieutenantcy-the Lieutenant may, however, sue
ceed TO the position OF Governor, and ths wouu Dc
an ofice-but ia there any OMISSION ~ the Consll'u
t;on IN nroyide for this office The Constitution al
ter providing in what the Lieutenant shall sue
coed to the office of Governor. concludes the sectlon
| nv declaring land the General Assembly shall pro-
vide by law for the discharge OF me Executive fnhe
tions in other necessary cases
| Now admit that the Lieutenant Governor is III
| officer and may, by chance, become an officer OF
| higher grade. He is President OF the Senate, and
may he Governor. But, then, the Office OF President
of the Senate il temporarily provided for, and 30 u
/ the Office of Governor. The Constitution command
ed the Legislature in authoritative ones to provide
for the discharge of the Executive functions, and the
by the not 1852 designated the persons to discharge
these functions. Now, when both the office when
the Lieutenant Governor holds. and that which he may
hold, are provided for specially, where is the
| ,.nonov thar ia sou,,ht TO be Temporarily filed by
l tbo amenGn,ent of the gentleman from GoGcband
| mr. RUTHERrooRD?l Certainly, after the ONCE o.
President OF the Senate and Governor are carved on
him, there ia no other office left in him, and his whole
official being is provided for lie stands but in the
relation of an ALTERNATE. The alternate is no oiice
whilst the delegate ects and when the delegate car
longer act and he takes the place OF te deiega,e
he is then no longer alternate. Out delegate. 30
of the Senate Topped oif he has mere naked right
to be Governor upon the happening OF certain events
aud when that Office devo!ves upon him, he ID ne
| longer Lieutenant Governor but Governor
no duty assigned to it-ceriain contingent-to II
discouraged in the present or future, and then
the words: SIN cases not specially prODided for be
construed TO mean "in vacancies in office not specially
| nrov;d.d for" humbly conceive that there is nu
ereat amount of official character in the Leuten
antcv mt taDporarily provided for. But Them sir
ia this n fair Interpretation of :he instrument The
rna or interpretation il that "the whole nstrumen,
must stand il possible and make good sense. Now
what was the necessity Of saying-in cases not spe
cially provided for by this Constitutions" if that re-
fars 70 the filing of vacancies in the enumerated of
fees of the Constitution when there is not vacancy
snscallv provided for in all the ministerial judicial
and erscutive offices enumerated in il. There is no
nnb snsc;s, nrovsion for filling the vacancy in the
oa;oa IF Covarnor. lieutenant Governor, Attorney
General Commissinners of the Board of Public
Works. Judges, Justices Sheriff. Attorneys for The
Commonwealth Clerks of the Courts Commissioners,
Of tho Rsvenne and Constables, which offices the
| Constitution REQUIRES to DO flied by the votes
| of the neople: nor il there any ouch special
proyision to fiji the vacancy in the Offices enn.
! r.o..,oa ,n.5a .lac,;ya hv tho Iev;sIa,ure
mesa, ,e maui 70 ,vS;,or S.co,d Arditor TEA
VI NV snj cS;na svnsrin,andsnt Of
sba u psnsn,isrv Sc and
'ue -, . asos ro, .c;s,v nro.
SIN the CONSTITUTION says III ,ass' lo' pi
video for III ths Cohs,l'u''on' AgA'n s"S :. ."' -
words refer exclusively 10 VacsiiCy III or TO- why "o'
cay at once: line manner OF ni,n2 an Sde'''ee !"
OF the folly OF excepting those specially PROVIDED '"r
when none eucn exist { ~