The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1873-12-12
a Called Session Of the Legislature

FOR the Dlsl'atSiiJ
Called Session Of the Legislature.
Although men are apt to dicr in opinion
upou almost every subject, aud we oIght nor
perhaps, 10 be surprised at sucn alnerence
in any case, yet there are some mat'eiS
which seem 10 Us so clear that we cannot nelp
b,iug amazed that there should be TWO
opinions about them.
The Constitution Of Virginia declares tliat
the Governor shall hold office for term OF
four years, 10 commence on the llrst uaf Oh
January next succeeding his election Gan
ANYTHING he more plain than that the true
micnt and meaning Of that Instrument II
that the Governor shall be thus invested
with hi, full powers and authority us Sucn
on The first moment Of the day mentioned :
His office is IL commence on that Gay tOat
Is to say, nth that day, rs 10 particular hour
Of the day is fixed upon. There Is not the
shadow Of Il reason for suppoSlng that the
Constitution Intended to say that his term
should commence on the very last moment
OF the day and no sooner, OF at any otner
certain time during the day. 1t is to COM
mence on the day. and if we are TO regard
1t as hcgiuning with tile day-as we think IS
undoubtedly the meaning OF the Constlti-
tou-we have certain definite period Tor
its commencement, about which there can
be neither doubt nor difficulty nor dispute.
Suppose the time for the meeting Of the
Legislature had not been changed, ana tnat
it had assembled on the first Monday I'D De-
cember, would any one in that case have en-
tertained any doubt whatever upon the
question: Would any person have thought
Of even diSputns the point thai the Gov
ernor elect was Governor from the very first
moment Of the first day Of January? And
vet there would have been precisely the
same ground for doubt in that case as IN
this, since the meaning Of the Constitution
must be exactly the same under all cHruul-
stances and at all times. This being SO, 1t
would seem to be plain and unqucslionable
that the next Legislature ought 10 assemble
before the first day Of next January, ana IN
time to tJke every preliminary step which
may be necessary to enable tho Governor 10
enter upon his office on that day.
II may be said that there Is an act OF AS.
semby declaring that the next Leglsl ure
shall not sit until the 1st OF january but
that act does not take away, and was not
meaut to take away, the power @! the
Governor TO call session whenever hc may
deem it necessary or proper TO do 50. II
such had been the meaning Of the net II
would have lcclzclcarly unconstitutional,
null, and cold. No act OF Assembly can
postpone the time ut which the Governor is
TO take office for one day, or one hour, or
one moment.
If that could be done for a day, it might
be done for a month OF Il year. The Con-
slitulon would lie violated us truly in the
one case as III the other.
Ii, then, the Governor should choose to
exercise his power of convening the Gene
raj Assembly, as the Constitution authorizes.
and in this instance, rs we most respectfully
suggest, requires him to do, there is no oh.
stacle in the way OF the entrance by the Go.
vernon elect upon his duties on the 1st day
Of january next.
No objection that we know Of has been
made to this course except some additional
cost TO the State, though, as the Dispatch has
remarked, there would not Of necessity be
any additional cost; but if there should be,
ought this consideration tC weigh feather
in the scale against a deliberate and pre-.
mcditated violation Of the Constitution?
SESEX.