Marshall County Republican. (Plymouth, Ind.) 1856-1878, 1864-01-28

lSDiASAPOLiS, JaU. <Os lOOt.
n. II. Conner. Esq. Chairman. de-:
DEAR SR-In compliance with your re-
quest of the 18th inst. proceed to give
my opinion upon the question. "Whether
Governor Morton is disqualified from hold
ing the office of Governor of the State Of
Indiana. dnring the next four years. by
reason of the duties of the Office of Gov
ernor having devolved upon him as Lieut..
Governor, on the occasion Of tho resigna
tion of the Hon. Henry S. Lane"
The facts applicable to the question are
these:
At the general election held in October
1860, Henry s. Lane was elected to the
Office OF Governor, and Oliver P. Morton,
to the Office Of Lieutenant Governor; each
for the constitutional term of four years,
commencing on the second Monday of JAN
uary succeeding their election; and they
were each installed in the Offices to which
they had been thus respectively called by
the voice Of the people. Governor Lane
having been elected to the Senate of the
United States, at the session of the Gener-
al Assembly which witnessed his inaugu-
ration. and but few days after that event,
he resigned the Office of Governor, where
by the duties of the Office devolved upon
Lieutenant Governor Morton.
The following are the constitutional pro-
visions on the subject:
ARTICLE v.
"Sec. /. The executive power Of the
State shall be vested in q Governor. He
shall hold his office during four years. and
shall not be eligible more than four years
in any period of eight years.
"Sec. 2. There shall be q Lieutenant
Governor who shall hold his office during
four years.
"Sec. 3. The Governor snd Lieutenant
Governor shall be elected at the times and
places of choosing members Of the General
Assembly.
"Sec. 4. In voting for Governor and
Lieutenant Governor. the electors shall
designate for whom they vote as Cover
nor, and for whom IS Lieutenant Cover
nor.
"Sec. 0. The official term of the Cover.
nor and Lieutenant Governor, shall CON-
mence on the second Monday of January,
in the year one thousand eight hundred
and fifty three; and on tue same day every
fourth year thereafter.
"Sec. 10. In case Of the removal Of the
Governor from Office. or of his death, re.
signation or inability to discharge the du.
ties of the office. the same shall devolve
on the Lieutenant Governor; and the Gen.
eral Assembly shall. by law. provide fol
the case Of removal from Office. death, re-
signation or inability. both of tbs Cover
nor and Lieutenant Governor, declaring
what officer shall then act accordingly,
until tho disability be removed, or . Gov.
ernor can be elected"
can perceive nothing in these provis-
ions, nor in any other clause of the funda.
mental law. that would disqualify Cover.
nor Morton for the Office of Governor for
the four years next ensuing the expiration
of bis present incumbency. He WAS not
elected to the Office Of Governor; and the
clause in the LIST Section above quoted, de-
claring that the Governor shall not be eli.
gible moro than four years in period Of
eight years. does not therefore apply.
1t is not enough for those who hold the
opposite opinion to urge the fact that Gov
ernor Morton is to every intent the Execu-
tive Of the State of Indiana. and that a
such he Is vested with ell the powers thai
On election BY the people could confer
No one will dispute that. But The Con-
stitution has not declared that the Officer
who may be called TO exerclse the duties oil
Governor. upon the happening Of any one Of
The contingencies mentioned in that instFu'
msDt. shall not Be eligible to the Office oil
Governor for mors than four yssrs in any