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

in ela,ton. in cs.rs not siiscin''Y p'"t'"s., W
,iis Constitutions shall b. r"Niet ny n,d ra, M,
az i. tha manner III conducting eirei'"nT %
-stu-ns any where specially provide" i'r VI ,nc nu
s,irutinul and what m-eutth TINS eia"'s' '"," ~
common e-nss view oi Inc HuUJe'' - ' w.
I,.isIr,ure hes The full right TO pre.crioe tNeIy
thing in relation 10 ii!iinG oioos euu Ja,;,,,o
where the manner of filling the oiice ID not ue
,.d IN The Constitution Where the manner III h''S
an ,t,. i. designated by the Cuhsitu.'""' ',e 70
.iiy oi giving Nh express authority Ut ch:Is
IN relation 10 tho office or vacancy; Tor II % VIC
I.n,,l right and duty of the Legislature 10 pfen're
the means for filling and keeping filled the Saii ooe
sunn,., then We had no :5Sth section, wou'd u h"'
s,jil be :he duty of the Legislature 10 proViue r .s
film. of this Office aud could they I'LL II IN any o,noI
wsv than that prescribed by the instrument itsei' hu
,,b., ,vnu,J bacn,na of nil the rev offices crehtad
OH time o time, by the Legislature all 'e Offices
in the militia: ths offices of this House; oVerseets III
tho poOr, school commissioner clerks "ia 'iie
superintendents offices not provided Tor by ,ne .S
silution How would these Offices Ds Hnea out w
the Ssh section? The Constitution does NOT provide
for them, and the Legislature would have haa no
power conferred OIL it by the Constitution 10 p!oVae
for them. 1t was to secure these oihce'' provue o
the manner Of their appointment, and Tor lhe supply
ing of vacancies in Them that this ssh sectiou as
made Give the Ssh section this Interpretation and
you will not impute to the wise trainers Oh the Con
s,itution the ridiculous folly of saying that Tue 'an
ner of filling all vacancies, not speciai!y Ie I
for in this Constitution shall be PROVIDED ior ny
filling of vacancy in single, Ministerial, Juo'cia
or Executive office in itbut b. il all Inc oiceS; tle
manner of filling which is provided Tor by inc Con
stitu'ion are those specially Wor7aed Tor ACCORDING
the }S;h section and those offices not Named or le
manner or filling which, s not provided for, are those
covered bv the Ssh section. So the purpose oil Inc
Constitution s reasonable one under TINS lhlerpfe
aton namely, TO provide for all the important OFFICES
and those recoected specially; and TO provloe gene
Tally for the unmportant and those mat haVe es."Pu
ola fhnt
treated those Offices where the manner oil hlng them
is prescribed by the CONSTITUTIONS as specially prnv
dei for need only refer to another ceuse III TUG oc'
section, viz "But special elections 10 MI vacancies
in the office of Judge of any Court sha!i Do Lor
a full term" Now there is no clause III me
Constitution recurring special election when
Judge dies or resigns How then Is II tnat
The Judge must be elected at speclal eier r
Why not appoint him by the Legislature me .eI
son IL plain: not because tue Constitution e1P esy
savs that when there is a vacancy in the once OF
Judge there shall be an election ny tne Peop'e, NV
because the Constitution makes the reno! ny "nIIu
the Judge holds his office an eect'on ny tho po'po
The manner of his election s expressly PROVIDED LOT
Therefore. the trainers Of the Constitution speak OF u
as xed fact that by the construction oil tue oos.
tn,ion vacancy in the office of Judge must be hleo
by special election IT is contended, by some' !na.
this rlause provides specially for the special eieeon
IS Iudgss Not co. The Constitution here treats
the special election of Judge as an e1lsng Prov,
son: and no where provides for such specai eiecol
ami but for the fact that the Constitution ihtehaeu
iha, the Judges office should be Tor iii !erln' we
would never have had this conventional interpreta.
tiop "But special elections 10 MI Me once OF JHdge,
e. does NOT confer the power to hold special cleo
ions but is recognition Of the existing risht-then'
if, because Judges are elected by the people, 'Pe'
cial elections mupt be held to NIL the vacancy Tue
same reasoning will hold good in the case OF Lleuen-
ant Governor.
The 9Th section after providing i'll certain case ior
the deyolving of the Office Of Governor upon the
Lieutenant Governor, says lana inc deneraI He'
semby shall provide by law for the discharge OF inc
Eyacntive functions in other necessary cases" When
the lsw.making power is charged to NIL the functions
of an office it most certainly implies an lmpeaimeh1
TO the discharge Of those functions IN the Existing W
fee or il implies impeachment III the power ~ ap
nont Where the Office is hereditary and cannot be
coma vncsn il implies an ncapacity to discharge the
functions in the officer. As. ii the king OF Engiahu
be minor, he is still king his office lives but he be-
ing incompetent others are appointed 10 discharse us
functons ill the disability be removed. pu. mnsn !"
vacancy occurs and the law making power Is author
lied and commanded TO provide for the discharge OF
the iuncions OF the office, il clearly implies that no
authority is intended to be conferred upon tne ia"
making mower TO fill the office itself at that ine' LOT
the filing OF the office would render hueatory 'he
provisions recurring an appointment OF persons 10
discharge the functions OF the office for IN Inc hs'ing
of the office all the functions of the office are proVl'
ded for. e
The yth section provides: tin case OF removal Oh
fv RESIGNATION or removal from the State, or lnabili.
~ TO discharge the duties of the office the SAID ONCE
with its compensation, eall devolve upon inc Lieu
tenant Governor, and the Legislature shaIi PROVIDE
by law for the discharge OF f1ecutiVe unc''o"' III
in other necessary cases
Now hare i. n positive mandate: ''rhe Legislature
shall provide by law for the discharge OF Executive
functions" You say, that at the same moment OF time,
when they are providing for the discharge OF Executive
functions they may elect Lieutenant governor. ."
No. md fha
death az the Governor vests all the functions OF The
Executive in that officer; or, IN PLAIN CONSTITUTIONS
| language it devovss the office CT Governor upon
| him Now, after filing The Office OF Lieutenant toV
ernor what functions of the Office ars not PROVIDED
fort The Legislature, inits omnpotence, has MADE an
Executive in whom all the functions exist. iet all
| gentlemen agree that there lie difference between
the office and the functions of an office and har"
stsnds the constitutions mandhte: .
'rha 7 .g;.,aiure shall provide for the d'schhrgs"i
Exscu,ivs functions;' und TO carry out the views
of gentlemen. the came day, you may proslue lot
the eiection of Lieutenant Governor and aiterwara
| Tor The discharge Of Executive functions would u
not Ia uncharitsble TO suppose the wlse trainers Vi
our Constitution guilty of such folly
But further, ia it not stnnge that when the Con.
vsniio, had the subject of Iovarnor and Lieutenant
Governor under eceaderaton anu Te's n eE
IN tle Legislature the power 10 appoint Lieutenant
Governor, they had not sad so in plain words 4
IL would have been quite as easy 10 nave ssia' lhs
Legislature shall provide by nw Tor the appolh'nsI'l
nf n Lieutenant Governor, as 10 have said lana the
| legislature shall provide by law for lie discharge OF
| the Eyscuiiye functions 10 other necessary cases.
But if there be any ambiguity about the 3Slh sec
tion the whole Instrument and inc sprit OF tue III
strursnt must be considered 10 lie Interpretation
The ynls of Interpretation is that three points are TO
| ha considered in the construction OF remedial sta.
iu,es the old law the mischief, and The remedy; ana
that the Judges shall so consrua tho new law as 10
suppress the mischief aud advance tns remedy
rI,ofr a
law and what was the remedy intended 10 be pro-
vid.d for nv the new BY the old Constitution the
power of filing the ministerial, judicial ana execu
live Offices was vested in the Legislature ana IN me
Courts. This was the mschiei complained 9, anu u
suppress which the new Constitution was adopted
Now il YOU consrue this Constitution ns do you car
nv out this interpretations you execute Inc WI! OF 'he
makers of the new Constitutions ior before the Con
ven,on it the cong OF every candidate for nat OF
6ce-the people. the people, the sovereign people
must elect their officers But yon construe &C
cordns 10 your Interpretation of the ssh section you
do not suppress the mischief and advance the RENE
DIV, but you reproduce the mschlet ana cut OF the
remedy; you take from the people and restore 10 INT
LEGISLATURE the power Of filing tina vacancy IN every
olca in the broad limits of the Commonwealth: and
if the Legislature ehould determine, az you desire II
now to do to exercise its powers, you Wouia nave
officers all over the Commonwealth deriving 'helr eu
thority from different souroes.
| Sir ,ha Constitution never intended in these casei
10 yive tbs Legislature onnipoenc9, so Us to author
lie it TO Gil an Office Tor the vacancy in On office !
YOU will have it) by one class of sfragans, when il
prescrihes another; but it intends I" stand as the 81
nrene law and "tat the Legislative power shall be
in differentiation to it-shall carry AT and not fras
irac its provisions. When it says that the tenor 6y
which Gil office is held, shall be al election by the
people it contemplated that The law.making power
will prepare means for eiecauting aid not thwar''ne
This purpose; and that the Legislature shall not be
wise or powerful above what is therein written but
because an officer may die, or remove and vacate his
office, and time must elapse before IL can be filled
power given provide temporarily tor the discharge
of its functions, until it can be filled in the manner
it has prescribed.
But a most remarkable discovery is made by some
gentlemen in relation TO the powers of the General
Assembly under Constitution that it Ia TO be sub
ect to an entirely different rule OF construction to
that OF the United States; that under the Constiu
L NIL not