Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1858-01-05

7 II
ment in the office. | ask, then, if we adequately
Obey the requirements of lie Constitution, in recog
nzlng substitute entirely wanting in such Chief ii
nos solo element, wholly devoid Of the capacity Of
the Office itsef7 dismiss, then, the alternative pro-
position las untenable) of a substitute, and fsl back
on the one l announced at the opening of my
renarks-that there is a vacancy in the Of
fcs of Lieutenant Governor, and that it is
our Imperative duty TO provide by law tor
hensive and obligatory. In the 18Th section of article
OF tha Constitution, it is declared that, "the man.
ner OF filling vacancies in Office in not specially
provided for by this Constitution. shall be prescribed
by law" Now, that We have before us case Of VA
cancy all admit. Has II been specially provided for
by the Constitution l say not, for the reasons al.
| ready stated. Then, whatever may be the views OF
others, for myself there is no escape. must OF ne
cessity, support bill which provides Tor Milling the
vacancy and that too with "a little delay as possible.
And in assigning the reasons for my vote, shouid
consider myself fortunate indeed If | could e1niolt
| them in their proper force to this House Here l
might rest the argument, but crave the ndulgehce
Of the House, while present few other consIdeta
tons which seem to me to enforce the construction
that contend for The first is the anxious concern
exhibited throughout the whole Constitution that
every conceivable vacancy shall be hlied II gen
tlemen will be pleased to read their CONSTITUTION
through from title.page 10 cUlophon they Will seq
this feature go strkngly exhibited that they VIII u
submit) be ready to conclude that the Constitution
az philosophers say of Nature, abhors vacuum
There s theu striking contrast in this respect, De-
tween our own and the Federal Constitution winch
makes great difference in the argument
Again, l beg leave TO call the attention OF the
House 20 the 9th section of article 9Th OF the Con-
stitution as folows "In Of the removal OF the
Governor from office, of his DEATH failure to quai
ify resignation removal from the State or inability
10 discharge the powers and duties OF the olce the
said office with its compensation shall devore upon
the Lieutenant Governor; and The General Assemoy
shall provide by ac for the discharge Of me Ehecn
9TH
submit that this section cOntemplates the perpetual
existence of Lieutenant Governor as pereon IN
the contingencies specified to accept devouton OF
the office of Governor. Nay, more-does II mol aoso
itiv require in such contingencies the existence Oh
that ofcerl Can the "necessary Gaze" to be provi'
ded for by the General Assembly arise, except IN the
event or sin CASE of the prior devolullon OF the Oh
foe of Governor on the Lieutenant Governor In
other words, can any by authority OF law dis
charge the functions of the Executive until after there
has been deyolutionl With great Difference, SUB,
NIT that "other necessary cases" are only addtoha
cases-cases, as it outside OF the ConstitutloD
viz: cases where the Constitution has not specially
provided and that all the special cases must occur
before the "other necessary cases. can Dc maue
available Such seems, too, to be the Legislative con
structon. refer to an act passed May 2Jth, lo'--
"Thst in CAGE the office of Governor, with its com
uensston, shall devolve upon the Lieutenant Cover
nor and he shall be removed from office, or snail aie'
fail to qualify, resign remove from the stare, or Do
unable to discharge the powers and duties OF the Of
fee then the Attorney General elected by the voters
of the Commonwealth or il there BIZ no such Attor-
ney General then the President OF the Senate pro
tepore; or il there be such President, the Speak
er of the House of Delegates shall discharge the ES'
eoutve functions, until there ia Governor OF Lieu,
| tenant Governor who can act" &c. See Session
Acts 1852, page2S. These the necessary cases"
| which the General Assembly deemed it their duty
under the Constitution to provide for. When under
the authority OF this act the Attorney General or
other officers named discharge the Executive func-
| I inf "a ar
happens, on which the authority ia conferred; i'll 9TH
or words not until there has been devoluton Of the
Office Of Governor, with its compensation, on the
Lieutenant Governor, and he has died. resigned, re-
| moved, &c.
| If this view then, be correct, must not
| see to it, and that too az speedily ss possible,
| that the office Of Lieutenant Governor is filed.
| BY the way, Mr.. SPEAKER. allow me Just here
| to remark, that whatever may have been the
| iuclinations of my mind with respect to this
| question, would not have assumed without grave
deliberation and stern conviction, that the Governor
of Virginia had no power during the recess OF the
General Assembly, to fill this vacancy pro tempore-
not from party feelings las my friend from Monroe
| seems to intimately from personal friendships,
| but profound sympathy with him, in view OF the
emergency of the case, and the resulting responsi.
| bity. Frustrated by most dangerous msady, with
the chances against his recovery, what would have
been the condition OF things, if God in his merciful
providence, had not grsciously spared his life, and
he had died without exercising the power in ques-
| toni ,
| There would have been no Lieutenant Governor
no Attorney General, President pro iempore of the
Senate, and no Speaker of the House of Delegates
And if there had been either of the three latter Of
fcers in being, could he have discharged the E1ecu
tive functions under the authority of the act of 1852
according to what 10 TO be the only proper
construction Who, then, could have taken the rens
of the Executive in hand without gross and palpable
| usurpatonl Under these circumstances, and in view
OF the many conceivable cases of difficulty and dan
| ger which may arise submit, that We should give to
all the clauses in the Constitution respecting vacan.
cies, liberal construction. And, as to the power OF
the Executive to fill this vacancy pro temPorf, and
thus, rs gentlemen complain, appoint bis successor
we are proposing by the bill under consideration, to
guard against its exercise for all time to come, in
manner, which, AIN sure will be perfectly agreeable
| TO the Governor himself.
Another consideration in support Of the views which
l have presented is the Inconvenience and anomaly
that would result from failure refusal TO provide
| by law for filling the vacancy in question
Let me illustrate by supposing case. At the time
and places for choosing members OF the General AZ
| sembly, Governor and 1t. Governor are elected
The dice before, and the other fails to qualify, at
the commencement Of the ensuing term, 80 that for
four years we might be without an Executive head
Are gentlemen prepared TO admit the possibility OF
this aud say that it contemplated and is justified
by the Constitution And yet they must, or unite
with us in the proposed legislation. They must vote
for this bill or declare that by possibility, for al en-
tire gubernatoria term, the functions sha! be sever
ed from this office, and wander the headess trunk
or more properly the restless and unquet ghost OF
murdered man. IN search Of refuge and protection
among the remaining officers Of the Commonwealth
First! il encounters the Attorney General, his re
turn from the Court Room, where he has been using
his technicalities, and employing his utmost ZEAL IN
genuity and ability 10 secure an execution OF sen
tence on an unfortunate being, already condemned
to be hung, and commands him to repair to the
| Governors Office and unsay Whist he has said,
and undo wha, he has done, and grant full, free
| and unconditional pardon 10 the unfortunate
criminal That officer, in the honesty OF his heart,
and conscious of strict integrity i'll the discharge OF
his late duty, replies, cannot do it. And to escape
the opportunities of the spirit retreats precpately
from his office. The next in the order OF succession
| is your President pro tcmpore, who happens to be Il
man OF facile disposition and weak intellect unknown
beyond the confines of his district and selected wholly
without reference to the important dues which lie
may be called on to discharge. At the bidding OF
this spirit he takes the sceptre OF Stats and holds IT,
perhaps for four years. with unsteady and trembling
nerves, and weak and feeble grasp, amidst tho rldi
cule and of every behoder, and to the lasting
disgrace of the Commonwealth. Has he been &C..
lected by the people! Have they even ever thought
| of him as Governor Would it not be better that
your Governor should appoint his successor! Wond 1t
not be infinitely better that the General Assembly oy
joint vote should fill tho vacancy Would II not be
still batter that the vlcancy should be filled by voters
| of the State Will gentlemen be pleased TO pom
der well these questions before they respond I But
il Is said that adopt the established construc
ton in p1r mGtcria Of the Federal Constitution rat
it for the sake of argument. Then some lsgsa ~
necessary while those who oppose this bill deny gu
necessity for legislation For the act OF Congress OF
1872, provides in substance, that the Secretary OF
State SHALL within forty days after the DEATH DOM o.
ths President and Vice President, and after any Of
fcer designated BY law shall have commenced tue
discharge OF the Executive functions, issue hs pro.
csmaton for an original election OF President. rms
provision we cannot make in respect 10 the ONCE OF
Iovernor for several reasons. Among others. first
because, as all agree, the Constitution did not con-
template an election to that office, except at stated
| periods of four years. Second-ln certain con'in-
| gency, some other officer of the Commonwealth
might have to discharge the Executive functions for
tco years before such election could take place mas
much as it must ba at The time and places Of choosing
| members of the General Assembly. Ana, third.as
tha :iSh aactnn Of Ith article OF tho CONSTITUTION