Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1858-01-15
uoIIsE OF DELEGATES.

tns manner al bliinR Facapeee u" '"' o'"S' W
'e NJ. RUTHERFORD ssid-Ths bill lately
rsn,r,-d from the Senate Is precisely tue 80
p,l which is now before the House, with the s In
that an amendment has been proposed !" '.e Wv Wv
which has been reported from the CoHllu.'tee "'
Cpur,s of Justice TO this House, which auenunen''
Il adopted will make the House bill me saus as t1e
Senate bill II you adopt the House usn !. n,n pe
necessary to send it to the Senate. II we po.s oy '
consideration of the House bill onu aAe up 'Ie ee'
NJ. hill, II viii become law upon its passage here.
!aink the best plan would be- TO postpone inc order
of The day for the purpose OF ,sk,he up ne Seha'e
BILL which will be the same Dl'i VI 9ete. orh iof He
nm ,he table for the purpose OF taking up the Senate
The motion was sgresd to, and motion being made
BY Mr. E. to take up and consider the Senate BILL 1t
rhs Senate bill differs from the House bill in this,
that the election OF Lieutenant Governor by the Ge
u-rsl Assembly shall only hold good during the ses-
zion of that body the Governor being required TO Ia
sue writ election fill the Office after the adjourn
n.u. the Houss bill provides that tho election BY
the legislature should hold good for the balance "i
tie ohcis term.
Mr. WARD offered the following as substitute
Tor the whole bill, 10 come 10 after the enactips
Clause:
That the Governor of the Commonwealth be and
he il hereby authorized and required forthwith to IS.
sue his proclamation requiring polls 10 be opened ana
90 election to be- held under existing laws al the sew
,!a
DAYS. from the date thereof for the election OF Lieu
tenant Governor Of the Commonwealth, to supply
thu vacancy occssioned by the resignation OF T. w.
McComas and hereafter when said ONCE shall De-
come vacant under the provision Of the Constitution
Of Virginia the Governor shall cause election to
De held iu the manner aforesaid to supply said vacan.
cy sixty days from the time he is notified OF said
vacancy. $50
by striking out the clause which provides that the
Gva-ral Assembly may bill the vacancy IN the office
OF Lieutenant Governor pro temPors.
", KEMPER said
Me. SPEAKER:-1 have few words 70 say upon the
pending bill and amendments. Indeed, thiuk much
taking upon an intricate constitutional question does
rno.e 70 confuse than to eiucdate the subject ain
bound to be brief because have been anticipated
"a much had designed to cay, by gentlemen who
have presented my own views with more power than
l could hope to command.
am satisfied that tbs gentlemen from Logan (Mr
WAKo) and Monroe Mr.. CAPERToS) have correctly
slated the question Involved in this controversy But
40, willing 10 20 Il great deal farther than the gen.
,ls,nan from Marion tMr. HAYMoND) went the other
day. AN willing 10 meet these gentlemen upon the
ground Of their choosing and To let the decision
Of this matter stand upon the footing on which they
thought h 10 rest IT, In that point OF view, tins
en'irs controversy seems TO me 10 become narrowed
down 10 siugle, tangible question and that is does
Constitution contain any provson-not for filling
ne vacancy-ba: does tho Constitution contain any
provision for the OF vacancy in the office Of
L;-Gt-nant- Governor Ii the proposition can be is
;aoshed that i contains such provision It follows,
u corollary which We cannot escape, that tho tx
ccutive authorized to I'LL the office, pro tempor
aud il follows, forttori, that the General Assembly
IA. the power and is under an imperative constu
,ional obligation to fl the vacancy now existing.
L, ia true that the Constitution contains sundry
provisions in respect TO the office OF Lieutenant Gov
sruor but affirm that il contains no provision for,
and makes no reference direct remote TO the case
OF vacancy in the Office except such as IL contained
IN those prov-ions which relate 10 the filling of va.
csncies 10 offices generally.
l. is true the Constitution provides for the dis.
charge of one Of the functions of Lieutenant Gov
e.nnr by another in certain contingencies; but |
affirm that II contans no provision for the discharge
OF aay of the functions OF the office by another in
euy Of vacancy in that office. And, Sir, affirm
iat the Constitution makes such provision as that
in ,na case simply, solely, alone-where there is Il
Lieutenant Governor actually in existence living and
qualified.
The Constitution makes provision OF that sort in
two specified lst 10 Gaze OF the absence OF the
Lieutenant Governor from bis place as presiding
cEcer Of the Senate; 2dly, where he exercises tie
ouics OF Governor.
As 20 the FRS, csse am surprised 10 find that gem
t!eu.en alege that this ;srn, "0Jsence eau be CON
s,ra-d 10 mean vacancy il the Office. Will anybody
etSrn that the term abse ca ia synonymous with
'.dee;h' o. "resiguaticn'' Why, sir the very all
ioanuecneat OF such pr"Iosi;on IL 10 me ls most
ura,:swersble refutation My friend from Logan,
tMy woody I upderstsD, is u poet lie Is doubt.
skilled in the laws vi language, ana knows now 10
ai-s-ct according I" thu rules Of phio'ogy and
II the gentleman will trace This term to Its origin and
live Us its only known application, he will tell Us
,,.s- ..sbsence" i. the same thing "n6Sens and the
,.r,s thing As "obesse'-ha. it sign 10 be- to be-
in existence, TO Do living moving and having being
AID vet cot present He will Tell us that III lis very
structure II inevitably implies that the incumbent Is
In -xiseoce. the terms absent and present are cor
relative terms, both equally implying that there is
incumbent; the that he is at his post, The other
ina, he 10 not But gentlemen have stretched term,
used 20 designate living man, until they have made
Il represent dead one
would call attention to known and admitted
ruis OF construction applicable ID all instruments. To
escer In the intent Of any instrument We are bound
10 assign TO every part and every word OF H. spe
ci, distinctive import. so that all its terms and pro
Visions shall have vitality and power and At the same
;ne Interpreted as TO CO operate and harmonize
together Nov, when the Constitution uses all these
terms, absence death, resignation, disability, DC. it
gives TO each independent import, and distinct
oace of its own ana when gentlemen argus that the
term absencc covers and comprehends all the other
;.ems have named they argue that the trainers Of
IN. Constitution by employing those other terms be-
sides the word absence" have perpetraed iRost alb
surd taufology, that they were Ignorant OF the Ian.
guage they employed ana incompetent for the TASK
they performed.
The only other casa ia which the Constitution pro.
:d-s for the discharge OF any of the duties OF Lieu
,,nant Governor by another arises when the Office OF
Governor devolves upon the Lieutenant Governor.-
aouR) demonstrated with lucidness of argument
when mold to be perfectly Irresistible, that when The
office Of Governor devoves down upon the Lieutenant,
there is tp,o fact0 vacancy IN the oihce OF Lieu
f.pent Governor. In that case the Lieutenant Gov.
.rnor s carrying out the specific purposes for which
othce created by discharging the functions OF
Governor, for such tune as theGovernor huiselt can
no, oct; Why sir, of the least and least'nots
oray Of all the functions OF Lieutenant Governor, TO
pr,,,. 70 over rhe Senate.
His chief function is to be the Lieutenant OF the
Governor; that il, an officer provided by the Consl
tu,iou to stand by the side of the Governor ready
10 ac; in hs place ready, Is his name implies, to be
the teann. of the Executive otice, in eR Of the Gn.
vrrnor, for all periods or intervals in which the Co
yernor himself cannot act. When the gentleman
from Logan undertook define the functions OF Lieu
tenant Governor he, ainguary enough, lost sight OF
tho mos; important Of them all, and overlooked an
obvious distinction applicable to the duties of such
ufices. The functions of Lieutenant Governor are
partly detise and partly latent. His active function
j.. under ordinary circumstances, 10 preside over the
S-nate. 1t 10, at the same time, his latent function
tard this 10 the most important part OF the oce 10
exercise the Office OF Governor In the cases provided
Tor 10 the Constitution. When the Governor dies,
resigns, otherwise vacates his office either perma'
neatly temporarily, these latent functions become
acve functions; that the Lieutenant actively exer.
cses the Office Of Governor during the time tho Go
vernon cannot act. But this chief function Of Lieu
tenant Governor may again become latent; for the
Governor may have heen stricken with paralysis,
q. Ineuraliy Frustrated for season that tempo
rlry disqualification may have beeu removed; aud
;n-reupon the Governor proper resumes his office,
and this chief junction of the Lieutenant Governor
Lnn becomes a;ent-that il, he ceases TO exercise
III. functions Of Governor. Nevertheless sir. he was
OF TIC ii ne Lieutenant Governor. carrying out The
o-sign aud d-charging the distinctive Constitutional
duties of his office "a such.
Wn-n the Lieut.. Governor was elected, it was
der the same sanctions and solemaities which al.
tended the election Of Governor. lie was elected,
like the presiding officer of legislative bo!y,
o1, OF it- minst and by majority OF its members,
OF, by body OF the people of the Connon wealth;
no, elected with reference merely TO his capacity to
o the Senate order, but with reference to his at
ta.nin -nis experience, Craftsmanship and admins
rarive abites generally with reference to his capa.
cry, in any emergency TO exercise the office Of Gov
e."or OF the Commonwealth. Gentlemen are pleased
20 call Inc place OF President pro tenn Of tie Senate
Office IL it be worthy Of the name OF office. then