Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1858-01-29
SpErru OF JOHN u. EDMuNr3, ESQ,

SPEECH OF JOHN L. esq
az H.LIrtN,
n, NE BiH propiiiug fer .hf'aE q 'GCdhry "a ''
OGc. Of L'catcaGnt G"ctrH2r.
Mr.. EDMUNDS remarked, tina: 'the subject now
under consideration had bsen dlecgssod NJ iohS ana
40 ABLY before the House, he felt reluctant to con
tinue the discussion: he did mol Itel, lhat .ne ~
oums,auce to which the gentleman from Augusta
(Mr. CuRIsriAY,) alluded, should give I" hs Views
any pecuiar importance, nor ehou!d the position h'
occupied in the late State Convention lend 10 ms nr
euments any additional weight. Bu! many iiisnG',
for whose opinions he entertained high rcapect, h"n
urged him to express his views upon the qnest'"n'
and liza yielded rather TO their pressing s"!ici'a'lohS'
than to the dictates of his own jdjgmeNt.
He had listened with much surprise to the charges
made upon the trainers Of the STATE Constitution III
reference 70 the Executive department.. Grave tears
had been expressed, that the State Constitution hau
not msde suiicien. provision for the discharge oil ths
Executive duties, and that danger OF an lnterreg.
num-a lapse ia the Executive departm"nt-Inight
arise from failure OF any oiiicer 10 d'echarge II ~
ecutive functions. Does this danger really EXIST
Has a 'necessary case arisenl Aud il any practical
evil lik sly to arise by fsiling to elect u Lieutenant
Governor!
The Constitution vests tbs chief executive power
in a Governor, aud in case OF a vacancy I'D me once,
or disability in the Governor, il devulves the oT'cf,
with the compensation, upon the Lieut.. Governor
They constitute the two officers deslgnated III the
Constitution; and they are to DO elected "at lhe sams
time and for the same term" and the qnai'nca'lohs anu
tn6 manner Ol levin ~ ft e' r.
same. They hold the office and enjoy the compensa
tion-elected by the people at the beginning OF each
gubernatorial term for that purpose-the one 10 lake
the place ofthe other. And the Constitution provides
further, that 'the General! Assembly shall provide by
law for the discharge of executive functions in other
necessary cases." In obedience to this mandatory
direction, the General Assembly, in the session ut
1852, passed a law providing for a vacancy IN oo'h
offices, or disability, and prescribing in such event.
..that the Attorney General elected by the voters OF
the Commonwealth; or, If there be no such Attorney
General, then the President of the Senate pro tenn.
pore or, If there be no such President, the Speaker
of the House Of Delegates shall discharge the e1ecu.
tive functions until there Is q Governor or Lieutenant
Governor who can act.
The State Constitution, then, has designated two
officers to hold the office Of Governor. elected by the
people; and the law of 1852 has directed three u'her
officers TO take in rotation upon himself the discharge
Of executive functions. Here are hye persohs-lour
of whom are now in existence-lhe Governor, Attor.
new General, President of the Senate aud Speaker oil
this House, standing ready to prevent any lapse IN the
department, and to ward of any imaginary evil; for
there is no practical mischief hanging over us.
The analogy between the executive departments OF
o,r state and federal governments has been pointed
ont. II scarcely occurred to the State Convention
that il was necessary 10 make more provision Tor me
State than federal government-or to throw around II
more safeguards by the election OF more oiicers.-
The powers devolved upon the President ofthe United
States-as the head of the army and navy, IN con-
Quoting the foreign Relationship executing the laws
extending over a vast empire-the oVershsdoW ing
patronage in the appointment OF %ofhcera, executive
and ministerial, would seem to demand lar greater
security than our own executive experimentation
Constitutional Oilicers-and in default OF Constitution
al officers more legal officers to take charge OF the *
ecutive department. Let US briefly review The Con
stitution of the United States and compare it with that
of our State. 1t will furnish instruction to guide the
Judgment, and may allay the approximations OF mem
bers. 49,
The Constitution of the United States vests the Chief
Executive power in a President, anu when u vacancy
occurs in his office, the Vice President takes his place,
and upon him the powers and duties Of the office are
cast. And there the Constitution stops-designates
two officers. elected by the people through the cleo
toral college. At the same time, for the same term
with the same qualificaiions-the term OF office ls tour
yesrs-just as in our State Constitution, and tile two
depar.ments in their origin and term OF service are
carved out with remarkable similarity in language
and design. When q vacancy occurs In the cllces'
both of President and Vice President. then the Con
stitution directs, that Congress shall by law provide
what officer shall act as President. And Congress by
tn. law of l792, provided in case Of a vacancy in both
offices. that the President Of the Senate pro tenn.
pore, and in case there shall be no President OF the
Senate, tho Speaker of the House of Representatives
shall act rs President-apd there the law Ceased to
proyide. except for a new election o: President OF the
United States for a full term. There are, then, two
Constitutional and two legal officers, upon whom reaf
the entire responsibility under all circumstances to
discharge the powers OF the Executive Department
of The United States. ]: is needless TO draw any com
psrison between the powers, the patronage, the duiies
confdad by the people to The Two goVernfnents'-,
Every member Of the House IL fully informed ana
fully competent TO make his own estimate ana dra~
his own conclusions. One Constitution points out the
President and Vice President, the other the Governor
and Lieutenant Governor as the respective constltu-
tionai officers. The law oil Congress OF lI'2 poin's
out the President of the Senate and Speaker OF the
House of Representatives 10 act in default OF u pre-
sident and Vice President-the law Of our Legisla-
ture Of 1852, points out the Attorney General. ths IRE
sident of the Senate and the Speaker OF the House OF
Delegates, in succession. upon whom the powers shaii
devolve. From abundant caution, the State Constr
tuition has an equal number of officers, and this law
has designated one additional oiiicer-dve against
four, for fear of q final vacancy-a lapse in the Ex-
ecu,ive department of our State government!
Such are the respective provisions of the two Con.
s~titutions. They are both our own Constitutions
they were framed alike. and in part by our own re
pre.entatives. The Constitution of the United States
IL declared the supreme law Of the landi operating
within its powers over the whole Union. Vacancies
have occurred in the office Of President and the office
has devolved upon the Vice President-the ONCE oi
Vice President has been vacant. and the President
pro tenn pore Of the Senate continued TO preside. But
no idle fears have alarmed our Senators or Repre-
s~entatives of an lnterregnum in the Executive depart,
ment. In the midst of fierce partizan strife ana stllI
more fearful sectional collision, they have slept quiet
iy from 1852 to the present time. filling no vacancy
in either oi1ce-msEing no further provision Tor the
discharge OF the Executive functions than the frss'
ident of the Senate and Speaker Of the House. For
near seventy years, IN the history OF our government,
no practical evil has ariIen, and no fears nave been
excited; and why need our fears be aroused I why NIL
this vacancy with a Governor acting, and three other
officers to take his place Gentlemen have answered
that the Lieutenant Governor was alone competent,
under the Constitution TO preside over the Senate;the
Senate having no constitutional power to elect a FIRE.
sident pro teaporc, except when a Lieutenant Cover.
NOS was absent and in existence; and that the Constr
tuition contemplated a Lieutenant Governor alone, 10
fill a vacancy ID, or discharge the functions OF Inc
Executive department. a short examination VIII
show the fal!acy Of the first assumption.
The Constitution makes the Lieutenant Governor
President Of the Senate-that ia his primary and sole
duty when he does not ill the Office OF Governor
and IN tie absence of the Lieutenant Governor. or
when he exercises the office of Governor. the Senate
shall choose a President pro temp0re. These are the
precise requirements OF the Constitution OF the united
States in respect TO the same officer and The Senats.
The Vice President shall be President OF the Senate,
and, in the absence Of the Vice President, or when
be exercises the office of President, the Senate shall
chose a President pro tempore. The word absence
has been construed to mean temporary or permanent
absence-when tte office was filled, and when there
was q vacancy-when the Vice President was alive
or when be was dead. In either " absence the Sc
nate elects a President; aud no other consfructinn
can be given TO the same words in our Stale Consll'
tuition. The words were selected and inserted INC
the State Constitution with the known usage and con
~structiou Of the Senate of the United Statea-andy you
must infer that the design was TO give them the same
import and Specification. The Office was the same;
the duties 10 be performed the aamei the character OF
the body over which the officer was to preside was
similar.
But, gentlemen have urged a different rule OF con.
~s'ruction in respect to the two Constitutions. As the
Government Of the United States WIS one ct limited
powers, specially granted, any power averred to exist
must be clearly shown; but, rs the State Government
possessed the ~residuary powers not prohibited nor
deposited elsewhere, the prjma tacie case was in favor
of the Legislature. This position might be tenable
under other circumstance; but it canno: be applied
in connection with the two Constitutions. Both are
Constitutions Of our own Governments. 1t is our
Union. our Government, our Constitution-it ia our
Vice President and Senate. We unite in their cleo
ton, and send our Representatives. Both Of
fcers preside over our Senators in the Con
gress and our Senators in the Legislature. To
both Governments we have granted powers, and the