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

or nudge of any court shall be for a full term, &C.
This clause has been seized upon rs cOnierring upor
the legislature the right TO alter or chsnge al n,sere
tion The manner Of filling a vacancy in the office
The construction | think is erroneous. IL seems clear
ly 10 point to such laws Us TW 6e dnLH"0ry 70 f'
main purposes of the constitution. Wnere the Peo
ue have plainly and clearly reserved the election %
Lieutenant, Governor to themselves the legislature Is
commanded to pass such laws as will enable the peo
ole 10 have a fair election properly secured agalns'
fraud and corruption-that tho officers conducting
the election shall be subject to all proper penalties i1l
failing to perform their duties or tor naI'easance. II
WAS not desigued to deprive The people OF Their IT,
served rights. but to aid them 10 making the election
II does no, confer poner upon the Legislature, but Il
commands the Legislature 10 prescribe by isw, where
the Constitution has not specially provided. Inc Ia"
is TO aid the Constitution, not to conflict "ni us cieai
purpose and design. 1t does not seem to apply 10 the
executive department, for the Constitution has specI
ally provided for the executive officers. Let us dis
sect that section and compare it with The DIN article
The executive department.
1.-The manner Of conducting elections, I'm casr'
not specially provided by for this Constitution, shsl
be prescribed by Law. But the 5.h article says the
Governor and Lieutenant Governor "shall be elected
by the voters at the times and places OF choosing
members of the General Assembly" This is 'Ihe
manner of conducting" the election OF those TWO
officers. especially provided by The Constitution.
II does not re quire the 18Th section TO come III su oi
the 5th ~article. The manner Of making returns oil
elections" shall be prescribed by law, II inc Cohsll'
tuition has not specially provided. Here, again, tn
SIN article il clear and explicit, full and complete
"R.turn. OF the elections tof Governor aud Lieu
tenant Governor) shall be transmitted, under SEAL by
The proper officers, to the Secretary OF the Common
wealth, who shall deliver them TO the Speaker OF the
House of Delegates, on the first day Of the mex; SEES
sion Of The General Assembly. the Speaker OF the
House of Delegates shall, within one week thereafter,
in the presence OF the majority Of The Senate and
House of DeIegstes, open the said %return', and the
votes shall then be counted. The person having the
highest number of votes shall be declared elected
Ii needs no law TO prescribe how the returns OF The
election of Governor shall be made. The Coas'itu
has settled the manner of making the returns. II
you are to have q special election, the law has only to
that the same officer who conducted the
general election shall open the polls at the time and
place, aud in the manner provided by the Constitution
and transmit the returns to tue Secretary OF The
Commonwealth 10 be placed in The hande flhr Sps Ak
er. The 3Sth section. says, ";he manner of d-termin-
ing contested elections" shall be prescribed by laW,
sin cases not specially provided for by this Cons'itu'