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

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same object 70 accomplish. las tile gentleman con
tend. was the csse they eced tue We'll co;s,d.'-
and de6njtivey construed terms III ths Federal C"-
stitution for tangled clause OF their own ct''
struction they wers guilty OF Inc mns' cnpa'l- r-
| sumntjon and merit the most nnm:;,gsirt r-''>':'-
| Mr. EDMCNDS produced Journal nt f'e 'n
ven.,on and showed t!st The EV-ca'iv. t";n'ni''''
had reported the whole section, jist is shd- 'n IT,
L. :. Constitution, and thai the 'a'i-T ha; Ne" % ca
changed tn the term. IN which it no% standi, eE
yo;. of the Convention. H. invite. the g-a,lr'i II
| from Culp=pev In shake :"! 'hr C""rrhs"n' "'
which that g-;,!elnsa Vas member. tie c-h:uir
whi.h he had upu.e. 10 Mr.. EnNuHps aud has com
mittee.
Mr.. BARBoUR.-I thank the gentleman f,r ii'r.
new light which the journal throws upon Tho subject.
| Befnr. | commenced my rrrdss, Went l." ihr H.
brary to examine this journal but found mat every
| copy was cut. | AIN ROW able la COMPLETE the arsa
meut on this branch OF iha subject. only inpnteu
censure to the executives committee tor undertaking
20 change the language Of Mr.. Matiacn. while they
wished to accomplish precisely the same purpose
| which he had in view. The gentleman produces 'hr
Journal 10 prove that they recommended me cinurr
lust as Mr.. Madison hal dra@nit. We thu. na1 that
committee tnTniy proposed the Whole clSu's ~ u
stands in the Federal Constitutions ana ;he me I"n
ventiou by deliberate vn!-,rcuse 10 Tue ca"Se.
They accepted the part defining the n'ies oi the So
coDd Executive office sud rejected the part providing
Tor the vacancy in that office. VII! my !ri-' grave
! ~ contend tina, the Convention neant Eo;hins ey
such action "a that except To gave pre-rehca ~ new
phrsseology for that which was sncent. weiiuHaer'
stood and sanctioned by the authority OF the trainers
,f the Federal Constitution well by the -xscu
iva Committee with the distinguished gentleman nj
s l-sd' Upon the authority Of THIS Journal ass-E!
that the trainers of the Virginia Consultation intended
change the provisions OF the Federal Constitution
m reference to vacancy in the second Executive Of
| ice They adopted the As;h section, commanding
ia. Legislature 10 provide for filling This vacancy.
and they struck "ut that part OF a- cau7e "A report
ed by h.ir committee which had bsen Interpreted ny
| .,rhi ling nt
have r-tsinsi this clause would hav" .Enu'ea the'r
purpose ~ have the vacsrcy IN this ciice hied "nSii
ver i; occurred anil therefore, they refused to retain
the whole clause. will no: farther waste the time
| of the Hoase upon this point. No candid man can
any longer attach conssqusrcat to the argument Is'v
I'd from the action Of Congress respecting Ice ffrs
,jeutial vacancies. The alleged identity NOT only
does not exist in the two CONSTITUTIONS, but The
journal proves that the variance was considered
deliberate act of the Convention An amendment of &
| formal report from standing committee
Having failed, may not say eigusily Jailed 10 tins
| principal poin: Of their argument, might hu"rh
p.rhsps TO leav- the gentlemen 10 the possession o
| their minor positions But | will follow their argu
| mant throughout. The Legislature is imPera;iVey
- guired 20 prescribe by las the Inannsr OF hiiinG
vacancies in ln specially provided Tor by 'hls
Constitutions" To elevate Us above the reach ct this
mandate gentlemen have 10 convince U.s. that sPe
cal provision for the Of this vacancy IL made ~
the Constitution. They all concnr IN pIac.n. th-Ir
main reliance upon the fact, that the casa OF t!i- Va
|
tive erpretation provided for in the Federal Con
stuon by An inhibition 10 Till t. aud upon tht Al
legged additional fact that the Stat" aud Federa C"-
| situations are identical upon this point. nave ex
posed the latter allegation. and shown thai whie IA"
State Constitution copss the Federal Constitution in
the provisions concerning the second Executive Of
| fcer down tn tbs point where vacancy IN that OF
| tcs il contemplated and provided for, It c-ss-s al
that identical point to copy the Federal Constructor
aud substitutes 4 new provision OF lts own. Tins re
mark sble change OF language must have some mean
ing and we cannu, ress; the conclusion, that ', WIS
| intended 20 convey different meaning IRON that
| known 10 be- conveyed by the discarded Terms en-
| nloyed in the Federal Constitution.
The able gentleman from Monroe. tMr CAPLE
roS finds the case of this vacancy elsewhere -pe
cialy provided for. He enters into has span dit
| tnc;ion between providing Tor hi!nG HE vacancy
and providing for the case OF the vacancy, and con-
t.nd- that the lease OF the vacancy 10 provided tor
hy providing for the discharge Of The functions oi The
vecsn, Office lie then undertakes 10 show, that
the Constitution in authorizing The election OF Pre-
sieut pro hm of the senste, provides tor The dis'
charge o. the functions of this Lieutenant Governor,
and thus does make Especial provision tor the CASE
! of tins vacancy. importance hiss been attached 10
this view. both here and elsewhere; and have to
examin. il with gravity 10 which 90 not think 1t
! is enliiled however much l may admire Tue ings
! uuiiy of iis discovarer.
| Noy Mr.. Speaker, let ia enquire whether pro-
vision tor she diachsre Ut the functions OF HI Once
| il provision for ths case of vacancy IN That OF
|
| exercising ;s functions. The distinction - recog
nzed in our Constitutional systems a. we'll rs IN the
! English system from Which .rs derive :" much In
the case Of the insanity OF the hipg rt Eng'and,
Regency ia established Ia discharge The 'crtiye
,uuc,ions The kingy Office Is Hn vacai Il, but tha
n.rnrnanca of liz functions ere secured while the
Office ID occupied. The discharge Of Executive func
lions p that notable is not pfovI'ion 10. the
css. Of a vacancy, but for case OF conceded occu
! nancy Why sir, in the very case cited by ihs gci
| tIemsn from Monroe this distinction is we'll marked
| The only active function Ut the Lieutenant Governor
il 10 preside the SENATE according 10 hls View
| The Constitution provides that 'ih the absence %!
the Lieutenant Governor, or when he shall exercise
the office al Governor, ih- Scnaie shall Ghoos-, tr0m
their body President pro tempore.
Thias not simply providing i07 thu exercise III The
function OF ,he office, when vacancy occar' bur It
ia provision for the exercise :" that iunc'iun While
tho ctiira itself l. sctpaiy occupied Il IL n0 pr"
yi.ion fog the cas-. Of n vacancy, b=cau=e the pro
vision IL To operate when the Office "a TILED ny IN
actual incumbent The Constitution iissii in the very
clause which We examining thus draws n"
distinction upon which | insist, and which ils get
LEHMAN from Monroe r=lases {" recognize. The eHer
c;,s of The functions of office, sad the occupancy
of that Office, are recognised BY The Constitution a.
two dis;nc; separate subj requiring separate pr"
visons The gentleman on the otiIer hand id7nth9.
ihem a. oDs and cousnis that ptoSirhn tor tbs ons
c.se "a Especial proY sou Tor tn. other case Also
The gentleman asserts That q provision Tor the sSer
else of the functions If IN 0ire Ia provision Tor ih-
cs.e o: vacancy in the face of ID. distinction which
the Constitution itself draws between exercising the
lrnc,io,s If thu Office and filling the "ifics. This
! same distinction il observed III The Co.s'Ifu
! tonhl provi-ona 10 relation To vacancies III the
Guhernatorial office In cAaa o. the DEATH resigna
ton &c, Of t!s Governor. "i!:e said Office, wh hs
| comp.nsa alton. shsl! d-volva upon The Lieutenant
| Gov .rnur: sod The General Assembly shall provide
by law for the discharge of the Executive functions IN
other necessary cases" In the first case the office Itself
devolves upon tbs Lieutenant Governor ana this va
4 g thnn .p.sna nj
ecutve functions IL provision for tho case OF the
vacancy in the eli - OF Governor. then, when oo,h
Governor and Lisuensnt Governor die or resign this
clause in the Constitution IL complete provision 10!
the case of the vacaucy and the LEGISLATURE canio
proviis tor ING il by election. DO understand
.ene,nen on the other side 20 assume that position
Will not NY frenhs let me understand whether ti-y
contend, that in the event Ut tbs death OF bo,h Got
ernor aud Leu:.nan, Governor, The LsgIria'ure IL
confined to the power If providing for the exercises
! nj Executive functions and is prohibited from prov
ding for filling the vacant Offices! II is TAR question
| and await response.
Mr.. EDMUNDS aaid that he did not regard that
subject as involved in the bill and therefore would re-
| serve any eyprrs-iou of his opinion about H.
| Mr.. BARBOUR.-It is involved in that clause oil
the Constitution upon which the gentleman relies
conveying the prohibition tia; he claims cannot
compel the gentleman TO aus%er ny interrogafory.
but can draw my own nrrrnces from uls ias'ufe W
| re-Dond Ii is for THE lIouss 10 say whether my
friend places the same confidence in iIis own views
upon this sutject. which the gentleman from Augusta
has invited the House to repose in them. care not
how gentlemen answer theiuesiion. IL ihey assume
that the Legislature cannot provide for Bling the Va
cancy in the othce Of Governor. atsr the death ar
resignation oi both Governor aud Lieutenant y"
vernon they then encounter the weight OF their own
argument, based upon The Congressional nterpreta.
ton of what they assert be- the corresponding ciause
/ in the Federal Constitution. Congress, by the act oil
l79a authorizes the election oil n President IN the Case
of the vacancy in the offices OF President and ice
| President. both. The gentlemen cay that The tw"
clauses are identical in meaning. II on the nc
curreics of vacancy in both the offices OF Governor
and Lieutenant Governor. then the Legislature can
| provide fur IN. election oi q Governor
II ti, last i The position "i the gentlemen, the
| provision III our Consultation for The exercise D lhs
Executive functions Tin other necessary cases ia MT
provision Er the case of vacancy in the office {"
Governor. They are, them reduced to this remarka