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

10 preside over the Senale, the moae d eice'Ini -
varied. The S.usis el..ts til. Vice President. Sue;
i. the Jealous car. with which the independence ut
the Senate IS guarded in the sepnra'e organization
If III. body-in the choosing Of its own oliirera' ana
e.pecially that officer who ia 10 preside over lie
deliberations and exccut. lis rules. Inc people re-
served the right, as their aggregate constituency III
Safes. To elect in the first instance. hrd on ia'ure I"
eircr. they devulved their powers upon me eeR1e'
They had Ton much respect for The !GhrPenushce VI
zach body TO confer upon one The power III t,ec''nR
the officer whose primary duty WAS L" presice o|er
the other House Of Congress.
Aud here, | bes the gentlemen from Nor,iumoHr
land (Mr. CLAYBHooK) and from Marion lMr' liAi'
anSDl to lell me, WAS there any great impr'Prleiy III
giving To the Senate of the United States the election
OF the Vice President, though he may oe, ana mas
twice been, the President of the United S'aiesi II
there any improperly in the law Of wv directing
the President Of the Senate 10 act as President OF IN"
United States until q new election ot ff >'uen!'-
These clauses have received the sanction OF s"quies
cenre of the whole Union, including our o"u Sta'c.
If thsre be no great outrage on popular rights no
conflict with the genius and spirit Of our govern
ment, where is the improperly in permitting Tue
President of the Virginia Senate, the remote porsI'
biIity of dischsrging The Executive functions III Gaze
of vacancy in the office of Governor and Lieutenant
Governor 1t has its striking analogy in our felt-
raj Executive, and has received the sanction OF The
ablest encounters Of the Constitution. 1t Is no new
or moustrous pretension-n0 innovation upon estaD-
lished usage or fixed landmarks; but accords WIN
ancient precedent Of high authority. The President
of the Senate may become Presidsn. OF the United
States, and act as such for more than twelve months,
depending upon the period at which the vacanclts
occur. Both the Constitution and the law OF y.
devolve upon the officer elected by the Ssnate' Inc
overshadowing owe and patronage OF me E1ecuuVe
in the specified cases. The reading OF the past anu
the experience of years have impressed reverence Tor
the wisdom and patriotisla OF it's trainers. If gentle
men believe there is any thing in the office or power
Of Governor TOO great to be safely trusted to inc IRE
ident Of the Senate, they may hesitate IN their votes,
but | trust they will not be controlled by any appeal
IN their pr.iudices, when they sse it il warranted and
iustife I'd under similar circumstances by the Federal
Constitution and laws.
/ now proceed TO consider a proposition advanced
yesterday by my friend from Rockbr'dge' lMf::
MAssIE,j that sovereignty resided in a majority OF
tho people; or, 10 express the same idea IN other
words, in a majority OF the qualified voters. In his
very able argument he maintained a position, OF
which [ mean to avail myself. | might, perhaps'
have relied upon the I'd section OF the Bill OF Rights
which asserts: That all power is vested in, and, con
seauently. derived from the people; that magistrates
are their trustees and servants, and at all times anne
nable 10 them But | choose to avail myself OF MS
argument. When this Constitution was framed, VINO
eIectpd the Governor and Lieutenant Governor snd
what change did this Constitution make in the man
ner of electinr those officers The answer Id PLAIN.
Under the Constitution Of 1881, the Governor ana
council were elected by joint vote OF the two HOUSES
The senior councillor YVES Lieutenant Governor; ana
uDOD Tile tlT6o Ill luIui cNoNo tHV P"''
Executive in case of o vacancy. The Governor was
empowered to fill pro fsmPore all vacancies IN Offices
during the recess of the Legislature, which II WAS Inc
duty of the Legislature to fill permanently But ihe
| vacancy in the office OF councillor, was 10 De hileo
by the Legislature. They constituted the advisory
council of the Governor, but he WAS prohibited iron
filing INV vacancy in the Office. The councillor
might have deyolved upon him the power OF Govern
or, but in no remote contingency could the Governor
bsve any agency in appointing his successor IN ounce
M -. - ,h,t Instrument iaal0nsly Guarded
against the event. by requiring the Legislature TO III
vacancies occurring by expiration OF me term 1"
service" 'ior othsrrise." This is an additional ar
gu,nent against the power i'll the Legislature 10 e!cci
a Lieutenant Governor for, under ihe constitution o.
1851. if the Legislature can fill a vacancy in the OF
fee, the Governor can likewise nil the vacancy. &c
curing in the recess, as there is no proiiibltloR SINH
lar to that OF 1881.
nv the Constitution of 1880, the power to elect the
Governor and Lieutenant Governor Vas vested IN The
LEGISLATURE, The power over vacancies rested there
Bnt the Constitution of 1851 withdrew this power
from the Legislature, aud reserved II 10 me people
the mower to elect Governor and Lieutenant GoVern
or. To the majority Of voters belongs the power-hot
acting through counties or districts, but in their az
grayate chargcter-their sovereign power, Us the gen,
tiemsn from Rockbridge charscterizes that majority
Of votprs. I; is not through Senators or Delegates
that the people express their choice IN the election III
Governor or Lieutenant Governor out through tue
majority Of electors expressed ut the polls in their III,
diyijual character. The election OF Governor and
Lieutenant Governor is the only exponent oi tina!
popular majority in the Executive department: Ia
wing assumed to themselves the election al the EXecu'
tive officers, it devolves upon the gentleman to sEo"
how the Legislature again obtained tile power 10
make an election. Why did the people take from the
Legislature the power TO elect! Why did they re,
serve the right TO themselves! He might be called
to order il he specified the reason, aud hi! high re.
spect for the body prevented the suggestion. But
having clearly reserved TO themselves the right 10
elect both officers, the clause in the Constitution must
bs recited, which again coaters the power upon the
Iepisla,ure. The people have left their purpose III
no doubtful or ambiguous language. Ii does not
stand upon implication or construction.
need not say, that the Constitution has directed ~
Lieut.. Governor shall be elected al th. same time
and for the same term as the Governor. and his quali
ticstions and the mdnH'rot his election III AL 'sSPecs
sbsll he the same" Whatever il prescribed a. To
time, term, manner and qualification OF Governor,
applies alike and equally to Lieut.. Governor. lhey
stand in all respects upon the same platform lie
office devolves from one upon The other. lhey IRE
inseparably connected IN time, term aud m0nhtr %
sT,riiou, az ,rIi as qualification for the Office, and the
mode of conducting the contest for the seat. lndis
cus.irg the question, | shai! only refer to the election
of Governor, as tbs Constitution has placed both
upon the same footing, aud whatever applies 10 one,
is equally true in regard to the other.
The Constitution not only reserves the right 10 the
people to elect, but it specially provides many salr-
puards for the full exercise of that right. The Gov
srno, and Lieut.. Governor shall he elected by the 20
,ers of The til.es end places Of choosing members OF the
General Assembly. They THUS designate the lime
and place Of exercising their right. Returns OF
the elections shall BIZ transmitted to the Secretary OF
tbs Commonwealth, who shall deliver thea To the
Sneaker OF the House Of Delegates. The returns are
TO come into your hands, Mr.. Speaker, on the i't Gay
of the session of the Legislature. They do not rely
upor any election law to declare their purpose, or L"
carry out their design. II Is written III tnei: Consl.,a'
tion. which stands above your laws. In the presence
Of the Senate, tho Speaker OF this House shall open
the returns and the votes shall BIZ counted Security
against fraud and corruption mas oeen pr. T'oeu-
the utmost eolemniry is given to the proceedl-E ana
in the presence of both Houses the person having
The highest number of yotep is declared elected. If
q tie vote ia the result, one ia chosen ny me JOINT wore
NJ both Houses, which thus give The casting vote, III
a contest ensuee, it is decided by a like vote. These
are the fornalitiea which the people have thrown
around the election OF the two executive oinctrS
which are the securities alike for their reserved
riubts. and protection against frauds at the polls,
frauds in the returns, frauds in the contest and cor
ruption in any part Of The proceedings. The Con-'i'
tuition has specially provided and the law cannon
come in conflict. Having these specih! and inil direc'
tions laid down in The charter OF our rights, where
does ths Legislature obtain The power, to change The
time. the manner and the whole proceeding IN elecfing
TO fill a vacancy Where if the power 10 make a
sDsciol election to fill q vacancy IN a ditf .reht manner
from the general elcctiopl Where do We ebtain Inc
rivht 10 oyerturn all the privileges OF the people, 10
wrsst from them the election, aud 10 prescribe a
different lime, q different mode of making the returns
aud a different mpds Of making the contest These
claims arc eat up under the 18th section of the AN
article, which l now proceed 10 examine. II is IN
these words
THE manner of conducting and making returns ct
elections, of determining contested elections, and OF
filing vacancies in Office, in cases not specially pro,
vided for by this constitution, shall be prescribed by
law; but special elections TO fill vacancies IN me eii'
of Judge OF any court shall be for a full term" &c
This clause has been seized upon as comforting upon
the legislature the right 10 alter or change at dlscre'
ton The manner of filling a vacancy in the othce'
iv n point TO such laws u. riH be auxiliary To the
main purposes Of the constitution. Where the peo,,
ule have plainly and clesrly reserved the election Of
Lieutenant Governor to themselves. The legislature Is
commanded to pass such laws as will enable The peo.
oe 10 have a fair election properly secured against
fraud and corruption-that the officers conducting
the election shall be subject to all proper penalties Tor
failing to perform their duties or for inal'easance. IL
-. A. ,.E,ua gha n.npla Nf THAR rH-