Year: 1864

The Eligibility of Governor Morton.


His Excelency seems much disturbed over he
question of his eligibility to hold the Office of
Governor for another term. provided he should
be nominated by his political friends. and elected
at the ensuing October election. In the Journal
of Saturday appear a number of certificates from
distinguished members of the legal profession,
which read very much like patent medicine GER
t6cates made up to order. While we entertain
the most profound regard for the eminent abili-
ties and learning OF the gentlemen who give their
opinions affrmativey in regard to the eligibility
of the Governor to hold the Office for a consecu
tive term. we think any man of common seEse,
if not learned in the law, is capable of forming
a correct conclusion upon the question at issue as
those who set themselves up to be par excellence
judges Of the meaning Of the Constitution upon
the point involved. In fact. it seems to US that
the opinion which is paraded with such grand
flourish fails to comprehend the question atissue
The trainers of the Constitution must have had
some motive in limiting the term of the Office of
Governor to -four years in any period of eight
years. That object, and the debates of the
convention illustrate il, was to prevent the per-
son holding the Office from using or prostituting
his position to secure election Whas says
the Constitution Wequote from Article V
Section /: "The executive power of the State
shall be rested in a Governor. He shall hold his
office during four years and shall not be eligible
more than four years in any period of eight
years" Section 10 Of the same Article reads as
follows: "In case of the removal of the Gov
ernor from Office. OF his death. resign tton, or
inability to discharge the duties Of the office, the
same shall deU0tUe on the Lieutenant Governor;
and the Gener Al Assembly shall by Ia W provide for
the case Of removal frou Office death resignation.
or inability, both of the Governor and Lieutenant
Governor, declaring what officer shall then act as
Governor; and such officer shall act accordingly,
until the disability be removed, or Governor
elected"


The Constitution makes provision for the
election Of a Governor or a Lieutenant Governor
during the term of Office for which either were
elected, bat it expressly provides that "the execu-
tive power of the State" shall be vested in the
Lieutenant Governor ''in the case Of the removal
of the Governor from Office, or of bis death,
resignation, or inability to discharge the duties
of his Office and when any of these disabilities
shall occur To the Lieutenant Governor, then the
General Assembly shall by law declare what off.
Ger shall act Governor


The Constitution anticipates and provides for
the very contingency. in the sections we have
quoted, which occurred by the resignation of
Governor LANE He was elected Governor in
1860. On the 18th day of January. 1861, he was
inaugurated Governor. On the 10th Of the same
month, we believe he was nominated by caucus
OF his political friends in the Legislature to sue
coed the Hon. G. N. FIrcH in the U. s. Senate,
whose term expired the 4th day of March en-
suing On the I7th Of the same month Governor
LANE resigned the office of Governor, and Lieu
tenant Governor MoRroS, by virtue of the Con-
stitution. was vested with the executive power of
the State. On that day. in the presence of the
General Assembly, he took the oath of Office as
Governor Of the State Of Indiana, assumed its
duties and was duly inaugurated From that
date he was just as much vested with the execu
tive power of the State AS was HENRY s. LANE
when be was inaugurated Governor on the
18th day Of January, 1861, three days previous.
The Constitution vested the executive power OF
the State in HESRY 5. LANE from the l4th to the
17th day Of January. 1861 and by his resignation
the Constitution vested the executive power of
the State in OLIVER p MoRrox, who was duly
elected Lieutenant Governor. from the date that
Governor LANE resigned his Office By virtue OF
the Constitution the executive power Of the
State was vested in OLIvER p. MoRros
precisely the same a. IL was Ia Henry 8. LANE
Both have held the Office BY the same authority
And il it had happened that OLIVER p. MoRroS
had been removed from Office, or u he had died
orsrezigned. or from any disability had been una
cutive power Of the State would have vested in
the Secretary of State Just as il he had beer
elected BY the people to that position, and hs
would have served as such during the unexpret
term


Says the Constitution: "In case Of the remov
al Of the Governor from Office, or of his death
resignation, or inability to discharge the duties
of the Office, the same shall desoire on the Lieu
tenant Governor" WEBSTER says that depolc'
means Ito fall IN succession; to descend by in
heritance; to be transferred" Upon the resigna
ton Of Governor LANE the executive power o.
the State was transfsrred to Oliver P. MoaroS
and o p. NJ, by virtue Of the Constitution
became just as much Governor a. wa,
HIS l. Ard IL by death. resignation or an,
other disability. o. p. u. should become unabI,