Fayetteville observer. [volume] (Fayetteville, Tenn.) 1850-1966, 1869-03-04
FAYETTEVILLE, TENN:
Thursday Morning, March 4, 1869
Senator Wisener's Report


tor from the counties of Bedford
and Marshall, and Chairman of
the Judiciary Committee of the
Tennessee Senate, has made rather
a lengthy report upon the effect
OF Gov. Brownlow's resignation
and the succession of Senator SEN
ter to the duties, powers and re-
probabilities of the gubernatorial
Office under the Constitution, by
virtue of his Office of Speaker of
the Senate, which is remarkable
only for the want Of correct inform
alton on the part of the author
of the report, upon the subject on
which he reports.
For illustration, a case which
occurred in Kentucky, is re-
ferred to in the report as follows
"In that State, in 1862, Gov.
Magofin resigned and James 7.
Robinson, the Speaker, became
Governor, and upon his inaugura-
ton as such, the Legislature, then
being in session, it devolved upon
the Senate to elect a Speaker for
the occasion" "From the inaugu-
ration of the Speaker, James T.
Robinson, as Governor, he ceased
to be Speaker, and had as mem
Der of the Senate no further con-
nection with the Legislature. He
communicated with the Legisla-
ture, by message, as Governor, and
was so recognised afterwards until
his successor was elected and quail
fled. Another Speaker was E.
lected to preside over the delibera-
tons of the Senate. This is a
case in strict analogy to the one
before the Senate" Very.
"The journal of the Kentucky
Legislature does not show that the
seat of Speaker in the Senate was
considered vacant. No one was
elected to fill his place as Senator.
Nor does the journal show that
the point was raised or the question
discussed. But upon principle it
would seem that the seat should be
vacant"
So much for Senator Wisener's
report.
The constitution of Kentucky
provides in article 8, sec. Is.
GA Lieutenant Governor shall
be chosen at every regular cleo
ton tor Governor, in the same
manner, to continue in Office for
the same time, and possess the
same qualifications as the Gov
ernor. In voting for Governor
and Lieutenant Governor, the cleo
tors shall state for whom they vote
as Governor, and for whom as
Lieutenant Governor.
"Sec. 16. He shall, by virtue
of his Office, be Speaker of the
Senate, have a right, when in COM
nittee of the whole, to debate and
vote on all subjects, and, when
the Senate are equally divided, to
give the casting vote.
"Sec. II. Should the Governor
be impeached, removed from Office,
die. refuse to qualify, resign or be
absent from the State, the Lieu
tenant-Governor shall exercise all
the power and authority apper-
tanning to tie office of Governor,
until another be duly elected and
qualified, or the Governor absent
or impeached shall return or be
acquitted.
"Sec. Is. Whenever the govern
ment shall be administered by the |
T Lieutenant Governor, or he shall
fail to attend as Speaker of the
Senate, the Senators shall elect
one of their own members as Speak
er for the occasion"
All of which is simple, plain
and clear. James T. Robinson
was not a Senator of Kentucky.
ant Observation-Disclosures, ex-officioI
Speaker of the Senate, and by vir-
ne of his Office of Lieutenant
Governor succeeded to the Office of !
Governor, and not that the Speak t
r. of the Senate, as the Tennessee t
senator enormously assumes, just
3 Lieutenant-G Governor Steven :
an did but a year or two since b
non the demise of Governor V
felm. James T. Robinson was n