Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1858-01-29
SPEECH OF JAMES RARBovr, r:
OF cuLPEPER,
q. tie Question o. Il iisNtsaast t'1r'"Fo''' .
tx Horsr nr nr, yc,Tys IAN In lS,lN.

Mr.. BARBOUR said that no one placed h's"''
estimate on the intellectual y ,w-rs o' the se'-,''"
who had just taken his seat, dr. Ereu>h-'" u: ''a"
far, than he did. High az WA that estimate os ~
free to say, that on this OCCASION be 's'-: '''I"
from HE geniss than from the weight Il! authority "'
tsched TO his opinions. The gsnil-iash 'r"n Ah+'
ta (Mr. CHRISTIAN who, :!.is morning. !ahHt,i >'
the door, with such flourish "t tTuiapet- '' "a" ~,
esats from Halifax, made tia m-' .","'''''e
speech that has been lnsd- Oh ina, AID. "i IN" 9uta
lion when he adve.ted with 80 much emphasis ."'i
circumstances which, in has opinion, eh'liira NV
opinions of the gentleman from il.lii.A l" p-te'a'
weight. He not satisfied win til- Ju'' ' -. .
attached TO the conceded talents OF his ciHnp'nh oG
he must be provided with all the nee-s'"ry aau
lions consequence attached g. the recollection .aa'
the gentleman had been Chairman OF the Eh-eot'.e
Committee in the late Reform Convention - n'''-
trust in the power Of the arguments o. the eeiieaa
from Halifax, disclosed BY this solic!uG 10 sN
them adventurous force not derived from looif ."
mari,s Mr. BARBOUR was thus compelled not OH!
10 meet the arguments of the gentleman oa' aad dr."
tr encounter the authority of the Chairman Oh t'e
Executive Committee in the Reform Convention
"A. coul not better illustrate his oTG commence III
IN. Opinions he was advocating than 30 safe ;he lac
that with these heavy odds against him. he cams h""
10 close thia debate, sustained by an UNDERSTANDING nr
lief! that be could convnc. the Judgment o The House
that the bil now under consideration ought 10 paS
without amendment.
The resignation Of Lieutenant Governor McComss'
occssioned conceded vacancy in the othce ot Lieu
tenant Governor. The bill befors Us proposes 10
provide for filling this vacancy by popular election.
For the short period that necessarily occurs oet"eeh
the passage Of tbs act and the election day 1t pro-
vides for pro tempore appointment by joint vote OF
the two houses OF the General Assembly. Inc ON
ia general in ts operation, providing not only Tor the
existing vacancy but all similar cases ha' may mere
after arise. The gentlemen on the other sius dtny
that We have constitutional power TO provide t"r u!
ing any vacancy in the Office Of Lieutenant Govern
or While III. gentleman from Halifax. tMr Ed
Nusps,l the gentleman from Monroe. INF. CATER
roN, \ and the gentleman from Wood, MIR. BoREMAS,i
this b yet their main opposition is based upon thu
ground that We have no authority under the Cons':
tuition to pass any bill upon this subject however &C.
ceptabie in its character.
Mr.. Speaker, ehall not stop to enquire whether
this pow er may not be exercised by upon the in
geuious view of our general underlined powers a.
the representatives Of the sovereign people, pre-
sented by my friend from Rockbfidge, tMr. MAssiE,
aud 40 earnestly contested by my friend from Hail.
fax Nor will stop to defend the less assai!soie po-
.itop, that the power to provide for vacancies rs
legislative power embraced within the general grant
of all legislative power 10 the General Assembly
subject only to hs express Limitations ct the Cnn:i
luton do no: recur TO Theses sources at authority
because We have clause in IN. Constitution moi slI!i'
ply c0mprehending grant OF the poW.r, but nanaa'
tory upon US TO exerciseit | will read il:
THE manner of conducting and making returns
Of elections, Of determining contested elections "a
of 6liac rdcaac!es ~ office, in cases not sP-cias
provided for by this Constitution, SHALL De prescribed
by law!' Art I, Sec. IS.
Mr. Speaker, IL not that language sltnp!e, pia'n anu
comprehensive! When | witness the earnest QUO
protracted discussion through which we have
been carried, in the face OF that plain provision
of the Constitution, I confess that am amazed
High intellect is often subject 10 strange freaks and
cannot. sometimes, suppress the beiiet that
this whole debate Is mere trial OF their 10
teectusl power by my friends on the other
II I4ok tn Al al m,
deavoring TO ascertain whether they can subugate
the capacity of this House to comprehend plain Ian
guage. II is a strange contest between genius anu
common sense. We are required 10 prescribe by
law the manper If filling vacancies 10 office in cases
not specially provided for by the Constitution. l.
the case of vacancy in the Ctce Of Lieutenant Go
vernon provided for by this Constitution! That ia
The question for debate, aud will b:i-hy follow the
gentlemen in their search for this Especial Prov
sion" Gentlemen upon the other side agree 10 piec'
ing the main defence Of their view upon the 9Th sec
ton of the 9Th article. They assume that this clause
lie similar in language TO the clause in the Federal
Constitution about the corresponding office OF We
President and assert that the action OF the Federal
Congress has definitely construed that clause so as To
deprive Congress OF the power 10 provide for new
election Of Vice President, when that office becomes
vacant Let US then turn to this 9;h section and e1
anime whether it makes special provision for a
vacancy in the office OF Lieutenant Governor
[ will read il: "In case OF the removal ct the Gov
r-signstion removal from the State or inability to
discharge tha powers and duties Of the otire. the
said Office 18th lis compensation shall devolve upon
the Leutenau: Governor aud the General Assembly
shall provide 10y lay for the discharge OF the Execn
tive functions in other necessary CASES. VIII gen.
temen point out the words IN this clause which
constitute the provision for vacancy III the ONE"
of Lieutenant Governor. tud one Of the cases OF
vacancy in the office Of Governor specially provided
for in this section and find the duties Of Lieutenant
d.Sn in hat |
rsfssspcs to q vacancy 10 the office OF Lieutenant
Governor and DO special provision" for the case o,
that vacancy. But my friends from HALIFAX ana
Monroe MesSrs. EDArNDs and CAPERr0S) earnestly
insist thh, ;iis section does iEhb Us from Filling
vacancy in the office of Leutenan, Governor. because
il is precisely similar 10 the clause in the Consultation
of the United S;a!es which Congress have nterpre-
ted prohibiting them from filling vacancy IN ih-
otfics Of Vice President lhi-is the leading argument
o, the opponents OF this bill and the one which
Gentlemen urge with :hs most emphasis aud rely
upon with the mos; confidence. / might OBJ
iect To tbs overwhelming weight attached 10 una au
thoriv do not tind tina: the proposition to hil \
vacancy in the office q; Vice Prcsdent was ever con-
sdsred and discussed in Congress-so that the failure
10 exercise the power to ell the vacancy, If decision
al sl is only entitled 10 the authority OF decision
made without argument. might aro urge Inc dii'
ference in the whole schsne Of the two Constitutions
and the consequent difference in the ru!ee OF Implying
powers; and | might call the attention OF tli- hous-
10 the significant controlling fact, that the IS Ii Sec
ton 9Th article. Of our Constitution, upon which my
whole argument i. founded, is not in the Federal Con
stitution But leave, for the present, these stron
points, and 20 over 10 maet the gentlemen on theF
own position. deny the tact announced by the gen
temen. The clauses cited by them. from the tw"
Constitutions, are not identical. They differ essen.
tally aud at point Of much significance in thia DIS
cnsson. have already read the 9Th section, it'i
article of our Constitution. Here ia what :he gen
temen cite the corresponding clause in the Fede-
raj Constitution:
"In case OF the removal Of the President from
office or OF his death, resignation, or inability TO ds
charge Tho powers and duiss OF the said office, the
ssma shall devnlve on the Vice President, and the
Congress may, By Law provide for the case OF RS
moval death, resignation or inability, both OF the
President and Vice President, declaring what officer
shall theu President. and such officer shall ari
accordingly until The disability be removed or Pre-
sident shall be elected"
Mark the difference, Mr.. Speaker. As far As
they provide for the vacancy ID the Offices OF G'"
veruor and President, and devolve the dut!ea OF
the vacant offices the Vce. President and Lieu
tenant vernon, the two clauses are almost d-n.
teal. Thus far each clause contemplates no Va
cancy in the second Executive office. Thus far
they only define the duties and attributes OF the
Offices of Vics President and Lieutenant Governor,
and refer in no wise 10 any contemplated vacancy
in either of these Offices At the frat step beyond
this point find a striking variance il the Ian
guage Of ,hs TWO instsum-nts. After defining the
powers and duties OF the Nice.Presdent 10 the case
Of a vacancy IN the office OF President, in language
like tina, in which the State Constitution defines the
powers and duties ut ihs Lieutenant Governor in
the Casa OF a vacancy in the office OF Governor,
the Federal Constitution proceeds to provide for
the case OF a vacancy in the office of Vice'Presi
dent and President boih "And the Congress may
by law provide for ths of removal. death, Re.
-ixnstion or inability both of the President and
Vice. President; declaring what officer shall then
act as President and such officer shaR act accord
ingly, until the disability be removed or President
shall be elected" Inprovdins for the OF The Va
csncy in the oiics of the Vice President as well s"f
President Congress s expressly limited 10 the power
of declaring what officer shall act as President,
"who shall act until this disability be removed or n
President shall be elected" In case OF the vacancy
in both offices Congress is in express terms only ein
powered to provide by law for ;hs by Declaring
what officer shall act President. Under this clause
in the Federal Constitution Congress have declined +"
claim the power TO fill vacancy in the Office OF VIc-'
President, aud have thus according to the gentlemen