The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1868-01-09
Who is Governor ?

InOuSn VIC are ITO iioAo 1h.oA
the community generally in this question
yet, as we have already expressed an
opinion upon the subject, we will say aie =,
words in reply to the communicative =
tho Wing Of yesterday. The qnes',oa =
really an important one; lot - % w
writer in the Nnig contends, the consti-
tutional provision under winch We ctaith
tho, C.oyernor PEIRPoIST holds over, APP
niles only to judicial officers, then the
neople of Virginia are liable to condi-
ton of anarchy at almost any time. But
this. OF least, is not an open question. Not
only does tho sixth article comprise, in
terms, county organizations, corporation
organizations, sheriffs, surveyors, over
scers Of the poor, and commissioners of the
revenue, some Of whom are certainly not
judicial officers, but the Court of Appeals
decided in the case Of The Commonwealth
VS.. Dre,ory xvi. Grattan II that sherifis
continue in office under the provision in
question. The court say (page 81 as to
the office: "By its original limitation 1t
endured to the last day of June, 1856,
and thereafter, by the proUiSion OF the
" Constitution, until his successor is quail
"fed.n But the court say more. They de-
clare in plain words that this provision is
in general terms" They say: There
sc is nothing in the Constitution to make
I" this case an exception to the general
"terms of that instrument" 1t has always
been supposed, if we are not mistaken, that
the provision includes all officers under
the Constitution. And the act of Assem-
bly referred to by the writer in the Wh1,
seems to be framed upon this assumption.
That act provides for uacancieS onty-such
as occur during the term for which the
Governor is elected, as is evidenced by the
language of the Code, which (page 81, Sec
tion 25,) says:
ELECTIONS to supply vacancies shall be
for the unexpired term of such office, ex-
cept in cases otherwise provided for in the
Constitution"
But the language Of the very act cited
by the writer for the Wing shows that that
act does not apply in the case before US
We quote
elf the Lieutenant Governor, upor
whom, by virtue Of the 9th section of the
9Th article of the Constitution Of Virginia
the Office of Governor, with its compensa
ton, may devolve, shall, from any cause
fail or cease to act, the discharge of the
executive functions shall devolve," etc.
first. upon the Secretary Of the Common
wealth, etc.
Now, the office of Governor has not de-
volved upon the Lieutenant Governor; fol-
if the Governor went out OF office on the
3lst day of December, the Lieutenant
Governor went out with him. So he ha
neither failed nor ceased to act, since there
has been no opportunity afforded him SO tt
do. And as the Secretary of the Com
monwealth can only take the office as th'
successor Of the Lieutenant Governor, O.
when the latter fails or ceases to do wha
the Constitution and laws require him t.
do, and as he has neither ceased nor failed
to perform any such duties, it follows thai
the Secretary of the Commonwealth can
not now be Governor under the law.
The Constitution of 1880 contained 6
provision continuing persons in office unit
their successors were qualified. And the
schedule of the Constitution of 1852 con.
tinusd all persons who were in office under
the old Constitution in their Offices unit
their successors were qualified, although
the Constitution under which they hello
them had been abolished. The similar
provision in the Alexandria Constitution
must have been intended to include al
officers whose Offices it was important t.
keep filled at all times; and surely there
is no office in which it is more importan
ut all times to have an incumbent than il
that of the chief executive officer Of thu
State.
y ~ 49, TX MI