Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1864-01-29
TOT INC rIhIt otuIlItI
Morton's Eligibility


"shall hold his office during four yesrs. and shall
not he eligible more than four wears in any Pc
Rod Of eight years" It also provides that in
case OF the removal of the Governor from
Office. of his death. resignation. or inability
20 discharge the duties of the office, the same
shall devolve on the Lieutenant Governor"
At the last election Lane elected Gov
ernor and Morton Lieutenant Governor Sup.
pose tia. Lane was serving out his full term OF
Office n Governor. and Morton his full term
Lieutenant Governor, Lane would not Of course
be eligible to election "a Governor at the next
election. but he would be eligible TO election
Lieutenant Governor; and suppose that ~ the
next election they would be 50 e.ected-Morton
Governor aud Lane Lieutenant Governor; and
suppose that after such election Morton should
resign; upon whom would devolve tie duties Of
the Office Of Governor OF course upon Lane
the Lieutenant G0vernor-the person designated
by the Constitution 10 discharge the duties of the
Office in such So tiat il seems plain that
though btue. in consequence Of having been
elected Governor at the last election. would not
be eligible 70 re election az the next election yet
that lac might. after having served during the last
fosr years by virtue of his election. be vet the
1roper person to discharge the duties of the
oil e during tie next succeeding four years. by
virtue OF tie constitutional provision devolving
the duties upon him in OF the resignation
OF the Governor
A person. though not eligible to hold the
Office of Governor by virtue OF election for more
shan four wears out of any period OF eight years
may yet be the proper person 10 discharge the
duties Of the Office for more than four years out
OF any period OF eight years. j. L. NJ.
The foregoing written BY prominent Re-
publican and we give it by request. making
strong case in favor of the eligibility OF MoRros
90 hold the Office Of Governor eight consecutive
CIV which correspondent states has not
CURED or is il likely to occur. hence its discus
sion has no practical value There is no
doubt that person who has held the Office of
Governor for iour years. is not eligible to election
as Lieutenant Governor for succeeding term
by reason of constitutional disability The Cou-
stI,uton provides that the Governor ''shall
not be eligible more than four years in any period
Of eight years. hence person who has held the
Ollie Of Governor for four years would be dis
abIed from dischsrging the duties which the
organic Law of the State devolves upon the Lieu
tenant Governor. aud that would disquaify him
for the position.
If m election should occur. stated by our
correspondent. and the esicer so elected should
be inaugurated. the Constitution provides the
remedy in case Of the resignation or other disa
bity Of the Governor. Art. 5. Sec. 10 contains
the following provision: The General Assembly
shall. bs Law. provide for the case of removal
from Office. death. resignation inability both OF
the Governor and Lieutenant Governor. declaring
what officer shall then act accordingly. until the
disability be removed. or Governor can be
elected
The construction that J T NJ places upon
the Constitution is unteaabie Ii person. after
having held the Office of Governor for four years,
should be elected Lieutenant Governor for the
succeeding term. and then. by the resignation of
the Governor elected 20 discharge the execu-
tive power OF the Stnte should assume its duties,
he could by the same process holj the office for
several terms. md thus defeat the plain intent of
the Constitution. which Is. that the Governor
"shdl not be eligible than four years in
any period OF eight years" Aud this prohibition
of the Constitution i evidently intended to apply
TO those who hold the Office. whether il has de
volved upon them by election ~ succession.