The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1870-01-28
The New ! ieutenant.G Governor.

/ hGmcStead9 OF IaIDlllee liohh AoAN~ -
passed April %, 1867, is hereby repeated
/ The New Lieutenant Governor.
| Governor WALKER yesterday appointed
JOHN L. MARYE, Jr., Esq, of Frederlcks-
burg, Lieutenant Governor in place OF Hon.
Jonv F. LEWIS, elected to the United States
Senate. Mr.. MARYE is distinguished
lawyer of fredericksburg. He was noml-
mated for Acknowledgement in 1868 on the
ticket with Colonel R. E. WRITER'S and
General JAMES L. WALKER; but when he
found that he could better serve his
State by 30 doing he declined to run,
as did his associates also. Mr.. MAR1E
WAS one of the now celebrated Com
mittee of Nine" whose work has just
been finished up, and it is exceed
ingly appropriate that he should worthlly
wear the honors which he has 50
worthily won. he is as true as steel
noble son of region which has gwen
birth to many noble ones. He is man OF
inaexible fidelity to his State, to honor,
and to truth. He is patriotic and unselhsh'
He is, in a word, man who will do honor
to this ancient Commonwealth. We con-
graduate the Governor upon the fortunate
choice which he has made, and the State
upon having Mr.. MARYE for its Lieutenant
| Governor. ..a ."s,..#..
It will be matter of interest to our read
ers to understand the provisions OF the
Constitution under which this appointment
is made. ........a ,.l.". If
By section 10 of article iv. it is provided
as follows "In case of the removal of the
"Governor from office, or of his death, failure
"to qualify, resignation, removal from the
estate, or inability to discharge the powers
"and duties of the Office, the said office
with its compensation shall devolVe upon
"the Lieutenant Governor and the Gene
"ral Assembly shall provide by law for
.the discharge of the Executive functions
Sin other necessary cases."
1t further provides by section % of arti-
Gle vi. that "the manner of conducting and
"making returns of elections, of deter
thinning contested elections, and OF filling
"yacancies in office in cases not specially
"provided for by this Constitution, shall be
"prescribed by law" . ...... o..
By section of article iv. it is provided
that the Governor shall have power during
"the recess Of the General Assembly to fill
"pro tempore all vacancies in those Offices
"for which the Constitution and laws make
mo provision but his appointment to such
vacancies shall be by commissions, to
"expire at the end of thirty days after the
commencement Of the next session of the
General Assembly,"
Now there is no provision made in the
Constitution prescribing how vacancy in
the office of Lieutenant:Geyerner shall be
filed, except that general provision which
empowers the Governor to fill all vacancies
occurring during a recess of the Legisla-
ture. The Legislature is authorized to
"prescribe by law =" the manner of filling
any vacancy that may hereafter occur in
this and other Offices not specially provided
for. Until this duty is performed by the
Legislature, the appointment must be made
by the Governor. .
Litutenant- Governor JOHN F. LEWIS hav-
ing resigned this office, and his resignation
being accepted on yesterday, Governor
WALKER filled the vacancy thus created by
the appointment of Mr.. MARYE. Mr.. Ma
RYE will thus fill this Office until the expi-
ration of thirty days after the commence
ment of the approaching session Of the Lee
eislature and it will become the duty Of
that body to prescribe the manner of filing
the vacancy by the expiration OF the thirty
days. l..t s-i:.
There is manifest propriety in this
action taken by Governor WALKER. Because,
as will be perceived by examination Of the
constitutional provisions above recited, that
in case of the death or disability OF Go
venor WALKER, there would have been no
person on whom the Executive functions
could have devolyed. The whole Executive
powers Of the Commonwealth would have
been Suspended, and public and private
rights might have sustained serious injury.
Such On emergency was not allowable If 1t
could be prevented by constitutional means.
The Governor has thus provided against
any such contingency. s.> .s aas.Ea
It was also proper for the Governor to
! make this temporary appointment, in order
to afford to the General Assembly sufficient
time for deliberation in the discharge of its
duty of providing by law how 3 vacancy in
this important Office shall be filled:
We repeat for the fortieth time that who
ever would know the opinions Of: the editors
Of the Dispatch must Look for them in the
editorial columns. When We publish arti-
cles saying that General LEE is dignihied
donkey TINT General GRANT is scoundrel. ;
/ That those V,rinians who aHree with us Id