Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1864-01-26
TUESDAY MORNING. JANUARY 90


The Eisgibsnty of Governor Morton.
HI. EKceiIency seems much disturbed over he .
question q his eligibility 10 hold the Office of
Governor for another term. provided he should /
be nominated By bic political friends and elected 4
a. the ensuing October election In the Journal
OF Saturday appear a number Of certificates from
distinguished member. of the legal profession.
which read very much like patent medicine Ger
tihc4tes made up 10 order. While Ne entertain
the most profound regard for the eminent abii
ties and learning Of the gentlemen Who give Their
opinions afirgativeIy in regard 70 the eiigi"hty
OF the Governor 20 hold the Office for a eonseeu
tive term VIC think any Of common seEse,
If not learned in the Law. is capable OF forming
a correct conclusion upon the question at issue as
those Who set themselves up to be par excellence
iudees Of the rneanfSg Of the Constitution upon |
the point involved In fact. it seems 10 Us that
the opinion which i paradcd with such grand
flourish iai.s to comprehend the question issue.
The trainers Of the Constitution must have bad
some motive in limiting the term of the Office of
Governor 10 -four years in any period Of eight
years" That object. and the debates of the
convention illustrate IT, was to prevent the per
son holding the Office from using or prosttuting
his position to secure 4 re election What says
the Cousttutionf We quote from Article V
Section J.: The executive power Of the State
shaH b. uesteJ ia a G0ceraor. He shall hold his
Office during iour years. and shall not be eligible
more than four years ia any period of eight
years" Section 10 Of the same Article reads
follows: lin case Of the removal of the Goy-
ernor from Office, OF OF his death. resignation,
inability to discharge the duties Of the office the
same shall deroiCe the Lieutenant Governor
and the Geaer Il Assembly shall by las provide for
the case If removal IRON oice, death .resignaiion
or inability, both of the Governor and Lieutenant
Governor. declaring what officer shall thea act as
Governor; and such officer shall act accordingly,
until the disability be remoyed. Governor
elected"
The Constitution makes provision Tor the
election of Governor a Lieutenant Governor
during the term of Office for which either were
elected, but il expressly provides that The
tive power Of the State" shall be vested in the
Lieutenant Governor lin the case of The removal
OF the Governor from office. or of his death,
resignation. or liability to discharge the duties
Of his Office" ami when any Of these disabilities
shall occur To the Lieutenant Governor, then the
General Assembly shall by law declare what off
Ger shall act as Governor.
The Constitution anticipates and provides for
the verv contingency. in the sections We have
quoted, which occurred by the resignation OF
Governor LANE he elected Governor in
1860. On the 18th day of January. 1861. he was
inaugurated Governor On the 10Th vt the same
month, We believe. he was nominated by caucus
OF his-political friends in the Legislature to sue
coed the Hon @ FIrou in the U 5. Senate
whose terra expired on the Attn day of March en-
suing On the I7th OF the same month Governor
LANE resigned the office of Governor and Lieu
tenan, Governor MoRToS, by virtue Of the Con
stituton. was vested with the executive power o
the State On that day. in the presence of III,
General Assembly. he took the oath of office a.
Governor OF the State Of Indiana assumed ii
duties and duty inaugurated From tha
date he was Just ss much vested with the execu
tive power OF the State "a was HENRY : LASI
when be was inaugurated Governor on til,
18th day OF January. 1861. three days previous
the State Ia HKxRY LANE from tine 18th TO the
18th day OF January 1861. aud by his resignation
the Constitution vested the executive power 81
the State ,n OLIVER p. MoRroS. who duly
elected Lieutenant Governor. from the date tina
Governor LANE resigned his office By virtue o
the Constitution the executive power OF ID,
State wa vested in OLIVER z MoRro,
- \
Both have held the office by the same authority
And IT il had happened that OLIVER + MoRToi
hsd been removed from Office. 81 If lie had die
or resigned OF from an, disability had been una
BILE 10 d,sc;.srge the duties OF Governor. the exc
cativc pow er at the State w,.ud have vested i
the Secretary OF State Just A. If ne had bee
elected by The people to that position. and /
would have served such during the uneNpIre
term
Sly. the Constitution: In case OF the remo'
al ct the Governor iron Office, OF "a dealt
resignation. OF inability to discharge the dutie
of the cfi.e. the SINE shall deroloe on the Lieu
tenant Governor WEssrtK saws that dsrol,
means Ito fall IN successor: to descend by i,
heri;ance; to he transferred" Upon the resign
tor OF Governor LANE. the executive power
TIE State wss Transferred 10 OLIVER T. MoRToS
and P. NJ. by virtue OF the Constitution
became just much Governor wa
II ; L And If by death. resignation an
other disability. O. p. VI. should become uuabl
TO discharge the duties of Governor, the execu
i've power of the State would be vested in n
Secretary of State precisely the same as it was
HHNRY s LANE or OLIvER r MoRroS. So ev
dent was the purpose OF the trainers of the Cor
stitution in this regard. that they made prov
sion for the election Of Governor even in n
contingency of the removal of the Governor
Lieutenan, Governor from office. the dealt
resignation inability OF either to discharge Il
duties % Governor
- MoRRIsox" in his opinion IL il aPpei
In the Journal and which Is concuTrei in by II
c NEwcoMs." Dawn McDoNALp.' "A
PoKrIK." u % Rowland" Il BsBBOUR
JOIN l. KKrcHAN' aud WILLIAM p. FlsI
BACK" al very learned in the Law. suppose
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