The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1870-03-25
Can the Legislature Fill E1ecuVe
Offices?

Can the Legislature Fill Elecu7e
Offices?
Ercry one remembers the desperate ef-
fort which was made two years ago 70 re-
move Mr.. JOHNSON from the Presidential
Office and put into his place BENJAMIN
WADE. Of Ohio. If the impeachment charges
had hcen sustained, Mr.. JOHNSON, man
chosen by the people, would have been con-,
rellaa To surrender his Office TO Ben. "ApE'
the appointce Of the Radical senate. An'
r>DrRwoop Convention, at the time III ses'
sion in this city, passed resolutions IN favor
Of removing this officer, elected by the PEG.
10 and filing his place with one eiccted
nv body of mere partisans. NO one ever
heard from Mr.. JoHNSoN's connscl--who
were among the most learned lawyers Oh
tl,;s countrv-an intimation that 1t woulo
nca violation of the Federal Constitution
- sll q vacancy in an elective office with an
onoo;n,ce of the Senate. The Congress had
,.owcr 10 provide for filing such vacancies,
and no one had the hnrdihood to deny its
power.
Referring again to the question OF the
powerof the Legislature Of Virginia TO MI
the vacancy in the Office OF Lieutenant
Governor itself. instead of putting the State
to the immense expense OF popular elec-
ton, we quote the provision OF the Federal
Constitution relative to vacancies in the OIL
fee Of President or Ficc-PreSident, ami
nIso the rroyis on Of our State Constitution
relative to vacancies in the office OF Go
vernon or Lieutenant Governor. Article
2, section 6. of the Federal Constitution is
as follows:
ain case of the removal OF the PreSl-
dent from office, or Of his death, reslgna-
,;on. or inability to discharge the powers
and duties Of the said Office, the same Snail
G"vo}vc on the Eice-Prcsldent; ana inc
Congress may by law provide Tor the ca case
Of removal, death, resignation, or lnaoiii'y'
both Of the President and Nice-Presluen''
declaring what officer shall then act as ire
silent, and such officer shall act accordingly
until the disability be removed OF fresi-
ieut Shall be elected
Congress did act, but it did Hot pass
!.w Authorizing the people 20 elect he"
President or Vicc-President. On the con-
,rarv. the act Of Congress provides, as We
stated Yesterday. that the Speaker OF the
House Of Ecprese matives shall succeed the
e-Presidcnt as President; that the IRE
s;den; pro t,my0re Of tie Senate shaIi sue
coed the Speaker, and that the Chief JUS
ticc shall succeed the President pro tenpore.
Did anybody ever hear ii intimated lha'
;h;s act Of Congress WAS unconstltrtlonai
because he Presidency is an elective Office I
Article !, section 10 Of our State Consti-
tuition il as follows:
"SECTI0S 10. In case Of the removal
ot the Governor from Office. or Of his death,
fl lure to qualify, resignation, removal
t,ou the State. or inability to discharge
IT," lowc-e aud duties of the Office, the SAD
o7icc, with its compensation, shall devolye
rfou the Lieutenant; Governor; and the
Gcu"ral Assembly shall provide by law ior
the discharge Of the Executive functions III
other necessary cases.
Now, it s plain that this last section is
PATTERNED after that in the Federal tonstl-
tution. and that ii Congress had right to
ra&s the law VIC have referred to, the Gene-
ri Assembly Of Virginia had the right to
,lcg,a Lieutenant Governor. For II Con
..r,ss can provide that two of its own officers
rlall successively take the Presidency III
cases of vacancies, surely the General As
semlly of Virginia has the same power,
under IN exactly similar constitutional
grant. to provide that the Speaker OF the
House Of Delegates und the President prr
:r7a. Of the Senate shall successfully take
Tie office Of Governor if Mr.. WALKER anG
IIr. MAKrE ehoull both become unable to
I'll i. And if Tie General Assembly thu:
has tie power 70 fill q vacancy in an cleo
ti,c Office caused by the death or resigna-
tiua Of 10Th the Governor and Lieutenant
Governor, 10 one can dispute its power to
i'll vacancy caused by the death or resig-
nation Of either one of them.
TITS argument leads to this unavoidable
2Aclus:ou--numely, that the General As
sembly unquestionably has the power TO
fill q vacancy in d7.y elective office i'll any
manner which to that body may seem wise
and cxpclicnt. There is no room Tor doub.
On this subject.