Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1858-01-15
,o ,e,,emen insist, that when

'a'' uTN".e ".' tina, ID. Lieutenant shalt, in
,ho., cas.s be- 20 n0mina Governor or ao 'he se'
n,, f. IN l. ,ran says, absolute GoVefiior-iaercoS
| yaca,uy tho Office of Lieutenant I"F.rn"r. t",s
, go, stress upon the words, "the office at 'iGf
y hall de voIve &c. But sir. wh.s IS an C!iicrs
| what is it but q business, duty, tunchon' anu
yh. il by the phrase, except that the nus 'r
| of Governor shall devove, or come down upo.' ~.
| lieutenant? The clause not only provides that me
business, or Office but the compensation Also sna u
volve upon the Lieutenant. Why provide mere n Ia,
| he shall receive the compensation OF Go'eru'i' - m
be go uo,n,nc Governor The Constitution else"ne
provides that tie Goccrnor shall receive an a'iiu
compensation of IS OOU and, gentlemen IN argu.ns
that the Lieutenant is in certain cases aosoiute W
ernor are involved in the assumption in"t 'ne
s.itu,ion has twice made the sans provision io e;
| pensatipg that ctficer, or that " con'aA' '
repetition on tho subject. -, c a.,
anoiher word, in conclusion. The bill from the
Senate provides 10 substance, tnat lne "eno; a.
sembly shall now fill, pro tempore the VACANCY ~ Wv
Office of Lieutenant Governor, occasloned ny e "a
n;ra,ion of the commission of observation-disclosures
Jackson. think it is established beyond con'ronel
sy al this stage Of the discussion, thal Tue ,
was bound to fill the vacancy with me teh'pp.a .n
| pointee. l think have made good that propossSS
Gran, that and it follows as corollary wn'eh nv nu
man ingenuity can escape from, that the Gehe en- a.
.ambly ia bound by imperative obligation TO MI me
| vacancy. What was the design OF this pro'i'i"n
limiting tho commission OF the Governor "pp a,nr.
70 thirty DAYS after the meeting Of the LsSsih'u;e
Wbai wns the pow er to make the temporary apP",u'
ment given to the Governor for Was II SHGn .u".
th.r, might be Lieutenant Governor to p!esueos
the Ssnat. for the first thirty days OF the SESSION. anu
no Ieu,e nant Governor for the succeeding sixty o'
| ninety DAYS! Such superstition Is TOO pT-P'se'ous
| 10 be argued What could have been tins Pn'po VI
giving 10 such 40 officer tenure OF thirty aoy "el
the commencement Of the session but 10 SCI a,,;a
General Assembly an opportunity to I'LL the onice
| within the thirty daysl TO deny that sucn was Inc
dss;pn of the provision is TO deny that had any De-
sign and the device is tantamount 10 specai plea Vi
| non compos menus in defence OF the Conven,,oh.
| We are charged with the duty OF prescribing, ny
law the manner Of filling vacancies in oince. Mnat
does that imply Does such provision LOOK ohly ~
the incidental ceremonies attendant upon an eiec.lon
or does it not relate to the substance OF .he
| the circumstances, mode and all the incidents per
tanning 10 the filling Of the vacancy nsnta,n,
confsrs ful power and discretion over the SUBJECT
matter 1t looks to filling OF the ONCE no! oy pro-
viding any locum tenens to perform one OF s leass
functions hut by elec,iug Leutenant-G OF
| ,bs Commonwealtb Ii looks to the perpetuaton OF
the government TO the prevention OF aninterreehun
to the efficiency OF the entire machinery, by securing
the presence of all its parts.
7 had intended TO contrast the provisions OF the
Esdsr, and State Constitutions in respect to the o.
fees of vice-President and Lieutenant GoVernor.-
Bu the ground has been 80 ably covered already that
/ forbear. ,, e, ,..,
., Hons has already exhibited some restessness at
VIVA, the gentleman from Madison has called an ~
hausting and pro,raoted d:scus.ioh; and know roo
that some members have given utterance 10 expires
.ions of iBpa,ience that this discussion should he
continued longer and yet make no apology for ask
ing the attention of the House for short iiine
/ do not think that over estimate the importance
of thus question, when say that doubt whether Tue
Legislature of Virginia has ever been caieu upon ~
d.cide suy proposition, presented before H. OF more
.arious aud solemn import. The character OF Inc ds
cus sion the spirit which hiss marked II, Tue ahA-
ious desire for the discovery OF inc tru'n' hu ne
arrival at what is the regular aud proper
| cali
the truth of what now say ,r
,rhar. ,,s oent.m.u here of distinction who diiier
from me upon this question, ana thers art sen,eneu
If eousl distinction, and whose ability should GER
tajpy eutitle their opinions TO high degree Oh re
spect who agree with me; andhe very fac that tere
ia This difference of opinion, proves that am right
when announce that the rroposiiion now pehoos
before the House is one OF serious Importance
Sir if we be right in the views which We entertain
upon this bill, no difficulty can brlse. ii We bs
wrong sir, and if it be that tins Legislature cann"'
oonstitutionally assume the power wnicn they pro,
pose 10 assume by the passage OF this bill, what VIII
he the efsctl Why, sir that every act OF the Legls
ature is unconstitutional aud void, because the en
eral Assembly Of Virginia ia not legally ana properly
| organized. II it be, that the Governor hsd NOT
RIGHT 70 make this temporary appointment, Why tue
| senate I'M to this moment, is not organZsd aud
therefore We are sitting here without authority OF
| law.
| have Mr.. SPEAKER, the more confidence IN what
ever opinions have upon this subject, from the idct
that have changed my opinious There is certainly
nothing of party prejudice or sectional jealousy. as
was indicated by the gentleman on the DINER sue
| which either ought or can affect ths views OF any
gentleman upon THE question. l believe that t,le
sole object that any ons who comes to examine The
subject can have, is TO arrive at true and correct
conclusion MS what are the powers oil the Genersl
Assembly fill tins uiiice "i lIieut Governor. anu
imagine when we come To- determine tits qu-s'io'
that # will be the unanimous opinion OF this House
that We have the right to fill this vacancy. lh@
question of the consttutionaty or uncon.itutionai
~ Of the act is TO be Determined oy he Cout's an"
if We bs wrong every act Of THE Legislature VIII De
declared 20 be void by the decisions OF the Courts OF
the Commonwealth. sag, then, ID il unnecessary Tor
me In ask gentlemen TO suspend tor moment ihelr
irnua,i.nce and snxety to dispose OF this subject!
shall ba "a brief as possibly can in presenting The
f.U views which desire to submit 10 the House. Was
IN. Governor RICH; in making the temporary appoint
meut of Ieute nant Governor! Iunderstand,slr that
some quarters the power OF the Governor under the
Constitution to make this appointment hatly Denied
and ,bst IL i. charged that while acuated 10y
nothing like usurpation in the Ordinary meaning OF
the word, or desire 10 assume power not expressly
granted yet that was an error oil Judgment on MS
part to have assumed to exercise power WINCH uh
der the Constitution of the State, does not belong 10
him. The fact s admitted, that the necessity Tor ht
ing the office strong one. Inc deatn Oh the
Governor after the resignation of the Lieutenant G"
would have left you in the condition OF having
no officer who could discharge the Executive iunc
tions The Legislature has been invested with Tue
mower of making provision for contingencies, but u
has failed to make provision for the very contingency
which has arisen. What then was 10 be donei lhe
acts of 1852 provided for regular SUCCESSION In the
discharge of the Executive functions from Governor
down through various offices in order to prevent any
thing like an interregnum; but the very terms OF that
net r. uured that the Lieutenant Governor should sue
coed the Governor. II provided tot regular graai-
alton of the duties Of Governor ut it did not pro-
vide for the devouton Of the office OF Governor 10
auy other officer. Should the Governor de while the
office Of Lieutenant Governor was vacant, how could
tbs General Assembly have been called together TO
rnaks provision Tor fIlng it, Who had the power
No one aud this shows that there is necessity that
some provision be made tn provide for such contn
gency. propose now to inquire whether tue
Governor has the power to fill tho vacancy temporary.
w. Where did he derive III The 9Th article, section
reads:
..And during the recess of the General Assenoy y,
fill, 0ro i,np0r., all in those offices for
which the Constitution aud ia''s make no provl-
siOn.
Now I gay, very frankly, That am satisfied the
Constitution never intended that the Governor should
have the pow to fill the Office OF Lieutenant Cover.
nor l, is contrary to tho spirit OF all Republican gov
eminent. IL is in violation OF the theory OF Tue Con
stitution itsef that the Governor should have that
power. Suppose that during vacancy in the
office of Lieutenant Governor Of our United States
Senators should die resign after the adjournment OF
the Legislature; the Governor might appoint Lieu
tenant Governor with the understanding that he, 1.-THE
Governor) was resign and receive at the hands OF
the Lieutenant Governor who was 10 succeed him. the
Office of United States Senator. 1t is improper that
this power should exist bur tins lmprsprety rests not
upon the Executive, but upon the General Assembly.
Aud while say that the Constitution never intended
that the power should be granted to the Executive to
appoint the next officer known TO the Constitution.
vet il seems that il has given that power not prtm1
r,ly aud directly but secondaiy and Indirectly 1t
devo!yes the power upon the General Assembly, bat
that body has omitted to make the provision. and The
Constitution the omtssuS by giving the
Governor the power to fill these vacancies for which
no provision is made in the Constitution and laws.
L, being the direct duty of the General Assembly
make provision for this contingency, and the General
Assembly having failed perform this direct duty,i
became the indirect duty of the Governor TO fill the
Office This shows concusivey to the mind OF any gen
,eman that the Governor had not only the power 10
gil the office, but that it was mandatory upon him to