officer. For the provision in the old constitu- or, we might have a successor who was our tion was amply sufficient, which declared that next choice, without the inconvenience and in the event of the governor's death, &c., the popular zeal and commotion generally prospeaker of the senate should administer the duced by a general and very important elecgovernment until another governor should be tion. And they have abundantly shown us, qualified. Why the amendment of the old that they did not approve the policy of electing constitution in this respect? In creation there a governor oftener than once in four years. If is always some design. What did the conven- there should be any doubt of the truth of the tion design when they amended the old con- foregoing positions, it will be entirely removed stitution and created a lieutenant-governor? by reasons and proofs which shall be given Was it merely that he might administer the presently, in their proper place. government a few days, or weeks, or months, But suppose the foregoing view of the inteninstead of the speaker of the senate, when in tion and design of those wise men who adoptfact, for every other purpose he is only the ed the constitution, collectable convincingly speaker? It is impossible, because there was from the plain provisions which they have no necessity, no motive for it. The provisions made, should leave any room for a reasonable in the old constitution were equally as good, and honest difference of opinion, the impossi and therefore would not have been so radically bility of electing a governor before the quadchanged without some adequate object. Nor rennial election prescribed by the constitution, can it be presumed that the lieutenant gover- without violating some of the plainest and nor was created, merely to act occasionally as wisest provisions of that instrument, would inspeaker of the senate when they should be in terpose an insuperable obstacle and hush every session, and have no office in vacation; be- serious doubt. How will you elect a new govern cause there was no necessity for it and no pro- or under existing circumstances? The consti priety in it. He would not do better than the tutional rights and duties of the present incumspeaker who might be chosen by the senators bent constitute a barrier you cannot, you dare themselves from their own body, and indeed a not surmount. If you could really believe recurrence to experience will convince us that from what has already been said that you have the speaker chosen by the senators has, with a the right, when you come to the clauses which very few exceptions, discharged the functions speak of the rights and duties of lieutenant of the chair mith more dignity and ability than governor, how and when he shall be elected, the lieutenant governors elected by the people. the duration of his office, &c., where will you But why should the convention impose upon find ground for hesitation? Where one solitathe senate a presiding officer who would not ry loop on which to hang a sluggish doubt? be their choice? Why not permit them to elect "A lieutenant governor shall be elected at every whomsoever they might choose, for that pur- election of governor-in the same manner, conpose? And why give to one particular county tinue in office the same time." Now if you in some instances a double representation in proceed to elect a new governor, what will you the senate? And why put us to the trouble and do with the lieutenant governor? You have inconvenience of being electioneered with and no right to remove him against his will, exof voting for a man merely to do that which the cept by impeachment. But if you elect a govspeaker of the old constitution could do as ernor, the constitution is imperious that you well, and in nineteen cases out of twenty a great shall elect a lieutenant governor. If you do deal better? Why should this man possess so you thereby remove Slaughter; this you are any qualifications more than other senators compelled to do, or not elect at all. What must have before they are eligible to a seat in then will you do? How extricate yourselves the senate, if he is created merely for a speaker? from this dilemma? You hadbeen told very dogBut more particularly, why is it necessary that matically by some of the new election men, he should possess precisely the same qualifica- since the commencement of this populartions with the governor, be elected at the same ity campaign, that the expressions "at every time, and continue in office for the same time? election of governor a lieutenant governor shall I believe you cannot answer these interrogate-be elected," only alluded to ordinary quadrenries satisfactorily, and still think that you can nial elections spoken of in the constitution. elect a governor before the expiration of Madi- Of this they said they had no doubt. Upon son's term of service. You must acknowledge this palpable error they built all their arguthat such an answer would be inconsistent ments, by which many men pretended to be with a sound construction of the constitution. convinced. And they admitted that unless It is very obvious that the convention created the this, their novel absurdity, was true, you could lieutenant governor to be the successor of the not elect a new governor to fill the remainder governor in case he should die or resign, &c., of Madison's term. MARK THIS, I earnestfor the remainder of his term; and that, on ly beseech you; for it was the only foundation the happening of any of those contingencies of their opinions and hopes. Look at the falmentioned, he should become the governor, and have all the power, prerogatives, and emoluments appertaining to the office. The motive that induced the convention to designate the lieutenant governor to succeed the governor for the residue of his term, was a benevolent one. It was, that in case we should lose our govern

lacy and palpable absurdity of this forced construction. Only pursue the course to which it points, and see where you will end your journey. Elect a governor at the next August election, (for if you have the right at all, it must be exercised at some annual election) for the remainder of Madison's term,

without a lieutenant governor, what will be the but still he was constrained to decide in his consequences? Why, a palpable violation of favor for reasons that he, the lawyer, had nevthe constitution, which declares he shall be er seen nor touched.

elected for four years. Well, suppose you But notice, I beg you, the corner stone of elect him for four years, what then? You the newly conceived argument. They admit have a governor in office for four years, and a that you must elect a lieutenant governor at lieutenant governor in office for only three every election of governor, and that you must years. And at the expiration of these three elect a governor for four years, but contend years what will you do for a lieutenant gover- that it would be no violation of the constitunor? You must elect one or have none. The tion to supersede Slaughter before the expiralatter you would not tolerate, the former you tion of his four years by the election of another could not constitutionally do; because he must lieutenant governor. This is now their strongbe elected when you elect your goveruor, and hold, behind which they have entrenched having elected your governor for four years, themselves. If this be untenable they must you cannot elect another before the expiration surrender. Although they have said a great of that time. But if you could, you would in- deal on the subject, you will bear in mind that volve yourselves in this absurdity: the gover- it is all on the truth of the foregoing proposinor you would elect would not be in office for tion; that is their sandy foundation; all the rest upwards of a year after his election, and the is but embroidered superstructure. lieutenant governor whom you elected with| Now it does seem to me that, if there ever him would go into office instantly. But sup- existed an absurdity that exposes itself, this is pose you could elect your lieutenant governor one. If this be the correct interpretation before your governor or your governor before of the constitution, why was it never before your lieutenant governor, in what a labyrinth of discovered? If it be so plain and obvious, why difficulties would you, even if it were permis- never before perceived? And why do not the sible, involve yourselves? You would never unassisted optics of common men perceive it? thereafter be able to elect a governor and lieu- I venture to say that no man in Kentucky tenant governor at the same time, which the doubted, when Slaughter was elected, that he constitution expressly requires. These consid-was in office for four years, and I fear not to erations will prove unanswerably that a lieu-say unhesitatingly that no man who had never tenant governor must be elected whenever a heard of this new construction could read the governor shall be elected as the constitution directs.

But if it could possibly be true that the convention only alluded to the quadrennial elections, by the requisition aforesaid, then it is equally true that they could not possibly have intended that there should be any other election at any other time nor in any other man

ner.

constitution impartially, and doubt that he was elected for four years. The constitution declares that a governor shall be elected for the term of four years, and that at every election of governor a lieutenant governor shall be clected, who shall possess the same qualifications and continue in office the same time. What does the expression, "continue in office the same time," mean? Would you not say The advocates of a new election, finding four years? Is it to be presumed that the wise that this sophism was too barefaced, have at men who adopted the constitution, would crelast abandoned it, and taken refuge on a posi-ate so important an office as lieutenant govertion equally indefensible, which, with their nor without defining the term during which united strength, they have endeavored to forti- he should serve? Can you think that the dufy by arguments equally fallacious. And ration of the second office in the country would here permit me to pause, not to express my be uncertain? This would be sporting with own surprise, (for to me it is no strange matter) common sense, and insulting the understandbut to invite you to look at the facility with ing of those who framed the constitution. which some men change the most important You are told that the lieutenant governor is and responsible opinions. And to ask you, if the incident, the mere automaton of the goverthey were wrong before, (which they acknowl-nor, and goes out of office whenever his princiedge) is it not more probable they are wrong pal, his master may resign, die, or be disnow? If you had believed them then, they missed. This is tantamount to saying that the confess you would have erred; if you believe governor can dismiss the lieutenant governor them now I have no doubt you will equally whenever he may choose to do so. For I preerr. This is the predicament of the newspa-sune he can resign when he may think fit. per advocates of a new election. They admit Do you believe any honorable man would acthat the reasons which once convinced them, cept an office which he must hold by so precaand by which they endeavored most pertina-rious and servile a tenure? It would be a ciously to convince others, were absurd, but degradation. Do you believe that the framers still persist that their opinion, founded on of the constitution ever intended that, if the those absurdities, is correct. They cctainly governor should be dismissed from office for must have been encouraged by the little anec- crime or misdemeanor, the lieutenant goverdote of a judge and his lawyer. The latter nor should share the expulsion or disgrace? made a motion to the former, and after a very Did they intend that he should forfeit his of long, elaborate, and, as he thought, able argu-fice, which his merit had earned, merely bement, was told by the judge that his reasons cause an infamous wretch, over whose conduct and arguments were absurd and ridiculous, he had no control and for which he was not

responsible, might be disgracefully forced to our boast. No; it is the language of those who surrender his? Why should he, more than will, if you permit them, distort, mangle, and any other member of the senate, or of the gov-mutilate that sacred charter, to subserve their ernment, lose his office on account of the re-lown personal purposes.

signation, death, refusal to qualify or dismissal Bu ye who believe, or pretend to believe that from office of the governor? The convention the lieutenant governor shall, willing or unnever intended it. The constitution does not willing, dead or alive, continue in office as require it, nor even permit it. It means only long as the governor may happen to continue what it plainly says, that the lieutenant gover-in office, and no longer, be so good as to annor shall he elected at the same time and con-swer a few simple questions, which you should tinue in office the same time that the governor have digested before you adopted or promulged is elected to continue or in other words, it this opinion:-1st. If the lieutenant governor means that he shall have a right to continue in can only continue in office so long as the govoffice as long as the governor has a right to con- ernor may happen to do so, suppose the govertinue in office. This is the proper transposi- nor should refuse to qualify, and the lieutenant tion-this is filling up the ellipsis. For the governor had qualified, will you say the lieuexpressions, "same qualifications and same tenant governor never was in office? 2nd. Has time" must refer to some antecedent expres- he not the right to qualify whenever he pleases, sions. They certainly do refer to those after his term of service shall commence? 3d. previous parts of the constitution, which de- Is he not in office the moment he shall qualify? fine the qualifications of the governor and the These questions you are bound to answer afduration of his office--otherwise they would firmatively. The consequence is, that the mean nothing. Then the "same qualifications" lieutenant governor is in office when the gover which the lieutenant governor is required to nor is not; and further, if the governor should possess, mean the very same that the constitu- happen to be prevented from qualifying, tion declares the governor shall possess that by indisposition, absence or other causes, is, that he shall he 35 years of age, &c., and one year, and then should be installed into of the "same time as," certainly refers to the time fice, he would serve three years, and the lieutenthe constitution declares that the governor ant governor four; for he could not be in office shall continue in office, that is four years. For before he is qualified, and the lieutenant goverif the word same, when annexed to qualifica- nor was bound to administer the government tions, refer you to the constitutional qualifica- until he should qualify. They would not then tions of the governor, it certainly means, when continue in office the same time, according to annexed to time, in the same clause, the gover-your construction of the expression. It is made nor's constitutional time, or period of service. the duty of the lieutenant governor to adminisAny other construction would confound all the rules of the English language.

ter the government, in case the governor should refuse to qualify, until a governor shall be duly qualified. It will he admitted, then, that in this event he is in office, and that the governor elect is not. Then he has a right to continue in office, although the governor may be out of office.

But you are told you must give a most rigid and literal construction to this expression. This is not the same language which the same gentlemen use on other parts of the constitution. I care not how punctilious you are in adherence to the letter. The letter imports noth- How absurd does the doctrine now appear, ing more nor less than that the lieutenant gover- that Slaughter was out of office as soon as Madinor shall have the right to continue in office as son died? But let us exhibit this monster in long as the governor has a right to continue one or two more attitudes. Suppose governor in office, and no longer. If the expression, Madison had refused to qualify as governor; "shall continue in office the same time," mean then he would not have been in office-what what some men absurdly say it does, that he would have followed? The constitution tells shall go out of office whenever the governor us-Slaughter would have had to qualify, and may happen to die, or choose to resign, or take on him the administration of the governshould be dismissed, whether he is willing or ment. The constitution says so. It declares not, then certainly it means, by the same con- that in case the governor refuse to qualify, the struction and for the same reason, that he shall lieutenant governor shall administer the gov be compelled to continue in office as long as ernment until a governor shall be duly qualithe governor may choose or may be permitted fied. Who is alluded to by the expression, to remain in his office. The rule must be re- the lieutenant governor? Why certainly ciprocal, and when the language is the same Slaughter; it could not have heen Hickman, you must give the same construction to either (the old lieutenant governor) for he was out of alternative. But to what absurd anti-republi- office, and if he had not been the administration can consequences would this lead? You will would, by the constitution, have devolved on invite a man to accept one of the first offices in Shelby, the former governor. Then the constiyour power to bestow on distinguished merit, tution declares that if Madison should refuse and force him to continue in that office just as to qualify, Slaughter should qualify, and aslong as another man with whom he has no con-sume the gubernatorial functions. How would nexion or privity, and whom, perhaps, he nev- he have qualified? As governor? No; certainly er saw, may think proper to retain him. This as lieutenant governor. But how could he qualis not, cannot be the language of that wise and ify as lieutenant governor, when, by Madison's republican constitution which is our shield and 'death, he had forfeited all his right to his office?

would certainly be a special election and for a special purpose.

gencies? If it did intend it, why did it not say so? But can it be believed that it would create an officer for no other purpose, designate him as the successor of the governor, make it necessary that he should have the same qualifications, be elected at the same time, by the whole state, and declare that he should go out of office at the very moment when it becomes necessary for him to do that for which he was elected, and which he is positively commissioned to do?.

But if there were no other expressions in the constitution, the word continue would alone be sufficient for my purpose. For it evidently im- But all argument on this subject would be plies that there had been a beginning that the useless, if you would attentively and imparthing to be continued must have begun. This tially examine your constitution for yourselves. would show that the lieutenant governor had a Would it not be strange absurdity, to say the right to induction into office whether the gover-constitution intended that the lieutenant govnor would or would not qualify. But this is re-ernor would go out of office whenever the govpugnant to the construction of the new election ernor might die, resign, refuse to qualify, when inen, for it would show that the lieutenant gov- he was created expressly to succeed him in the gov ernor had a right to continue in office, although ernment, on the happening of any of these continthe governor never was in office. But again, how could the lieutenant governor, Slaughter, administer the government for one month, after Madison's death, if by that event he lost his office of lieutenant governor? For if his office expired when Madison expired, he was that moment a private citizen, and no more lieutenant governor than any one of you-but still we hear of his going on with the administration of the government, not as a private citizen, but as lieutenant governor; and again, did Col. Slaughter, when he was called to the execution of the du- But to prove still more conclusively that the ties he is now discharging, take any new oath? lieutenant governor is elected for four years, I I presume not, because it was not necessary. would ask you to look at the 3d clause of the But if he had, by Madison's death, become a 6th article of the constitution, which I have almere private citizen, certainly it would have ready shown you, and which declares that the been necessary that he should take the oath; governor, lieutenant governor, &c., upon conbecause, whenever his office expired, his oath viction of bribery or treating, shall be disqualceased to operate-he was certainly absolved ified from serving as governor or lieutenant from any liability which could afterwards re- governor, &c., for the term for which they shall sult from that departed oath. For still more have been elected. What is meant by the light on this subject, I would ask you to look at term, for which the lieutenant governor was the 5th clause of the Schedule to the constitu-elected? Can you say that no definite time is tion, which declares that the persons elected at intended? This would be nonsense. The conthe first general election after the adoption of the vention, in the use of those words, meant what new constitution, "shall continue in office du- many other parts of that constitution strongly ring the several terms of service prescribed by import, FOUR YEARS. What other time could the constitution, and until the next general elec- they have alluded to? When they say he tion, which shall be held after their said terms shall be ineligible for the term for which he shall have respectively expired Look at the was elected, they say that he was elected for a whole of this clause, and if there could remain term; it must therefore mean that he was electa lurking doubt, I think it will vanish. Looked for the term for which the governor was particularly at "their several terms of service," elected, for if he were elected for only as long and "until the next general election, after their as the governor might continue in office, he said terms shall have expired." You will not would not be elected for ANY TERM. But the fail to see that the lieutenant governor is in-clause to which we have just referred decluded with the other officers. He is then to nounces a certain penalty against the governor, continue in office during his term of service, pre- lieutenant governor, and others, for conviction scribed by the constitution. What do you un- of bribery or treating to procure their offices; derstand, what did the convention understand, no penal law can be enforced unless it be cerwhat does every man understand by a term? tain and definite-no punishment, which is Not an uncertain, vague, indefinite period, de- indeterminate, can be inflicted. The convenpendent on casuality, and of uncertain, un- tion, then, intending to prevent corruption in known duration-but a fixed, definite pre-elections, have described the penalty which scribed period, of certain and known extent. they deemed most efficacious. But if they did What, then, did the convention mean, by the not intend that the lieutenant governor should clause just quoted? Every man will answer, be ineligible in case of conviction, for the term they meant, as regards the lieutenant gover- of four years, they did not intend that he nor, by the expression, "term prescribed"-the should be punished, although they say exterm of four years-otherwise they meant noth-pressly that he shall be. For how could sening, which cannot be justly imputed to them. tence be pronounced for no certain punishYou can as little doubt that by the expression, ment? Did any man ever hear of such a con"the next general election," is meant the gen- demnation? But suppose both the governor eral election at the end of the respective terms and lieutenant governor should be guilty of of the officers; that is, four years after the for- bribery to procure their clection, and after they mer election mentioned in the constitution. It are both sworn into office they are impeached, could not mean a special clection; and an elec-and the governor convicted, he then is ineligition of governor, under existing circumstances, ble for the term for which he was elected, that

every three years, and as often as the seat of government shall become vacant, a wise and discreet freeholder of this state shall be, by ballot, elected governor by the freeholders of this state, qualified, as before described, to elect senators; which elections shall always be held at the times and places of choosing representatives in assembly for each respective county, and that the person who hath the greatest number of votes within the state, shall be governor thereof."

is four years. But how then would you convict the lieutenant governor? The new election men tell you he is out of office the very moment the governor goes out of office, and that consequently the time for which he was elected has expired; you therefore could not try him, nor if you could, would you have any right to convict: because his term having already expired by the expulsion of the governor, you cannot disqualify him from serving as lieutenant governor, if he should be immediately elected again. But suppose you should convict the lieutenant governor first, and the next islature authorizes a new election. You find You now perceive why the New York leg. day convict the governor. By the doctrine of that the first clause expressly authorizes and the new election men, the governor would be directs it. Well, it is said our's was tranpunished for four years, and the lieutenant scribed from it-what is the consequence? governor only one day, for the very same of The New York convention intended that fence; and this would not be the worst, for on there should be a new election, and deemed it the next day he would be eligible to the office necessary to make an express provision in of lieutenant governor. How absurd and ri- their constitution authorizing it. If our condiculous would this train of reasoning, if pur-vention intended that we should have a new sued, render the doctrine, that the lieutenant election, why did they omit this special governor is out of office the moment the govern- clause in the New York constitution? Would or may happen to die, resign, or be dismissed? not the circumstance, that when copying this But for the same crime the governor and senators are disqualified for four years; and why should not the lieutenant governor be punished as severely? Every candid man, who will attentively examine the constitution, must see, beyond a doubt, not only from this clause, but every other upon which I have relied, and from their whole scope and design, that the lieutenant governor is elected for four years.

such election.

part of the constitution of New York, they excluded that expression which expressly authorized a new election, be irresistible proof that our convention did not intend that we should elect a governor under existing circumstances? In regard to the lieutenant governor the comparison is equally decisive. By the New York constitution, the lieutenant governor is to serve until the next election of governor. Our constitution says, "until another But some gentlemen, who acknowledge that be duly qualified," which is not the language even after they had examined our constitution of the New York constitution, but of the old over and over again, and heard all the speeches constitution of Kentucky. It is very clear, if in the legislature, they were satisfied we had the governor of New York should die or reno right to elect a new governor, have, wonderful to be said, told us publicly, that the New Sign, that another governor, to fill his vacanYork coustitution has changed their opinion, cy, might be elected, because the constitution and convinced them that they were wrong! Itment another is elected, the lieutenant goversays so; and it is equally clear, that the mois strange, passing strange, that this argument, nor is out of office, because the constitution which, when scrutinized, is most decisive against a new election, should be wielded in says he shall only continue in office until favor of it. And it is equally strange, that Kentuckians should rely on the legislature of I think it is now sufficiently demonstrated New York, or of any other state, for an exposi- that the lieutenant governor, Slaughter, is, tion of their constitution. Do not those men by his election, in office for four years; and it who have used the decision of the New York cannot be denied that at every election of gov legislature, know that it is not authority? ernor there must be an election of lieutenant They must admit it is not. Do they use it as governor. The inference is irresistible that a argument? Then, by a much more potent ar- governor cannot be elected until four years gument, I would give them the decision of our shall have expired from the last election of own legislature, not on the New York constitu- governor-in other words, that Slaughter can tion, but our own. But if the New York de- remain "until a governor be duly qualified," cision were authority, or even argument here, which you now see, only means that a governI would only ask you to examine the New or be elected at the ordinary quadrennial York and Kentucky constitutions impartially, election, and sworn in according to the requiand if the comparison do not furnish you with sitions of the constitution. Duly qualified as strong an argument as you could require can import nothing else than that he should against a new election, I am most egregiously be regularly elected, at the general election, four years succeeding the last general elecCONSTITUTION OF NEW YORK, SEO. 17th.-tion, in the manner prescribed by the consti"And this convention doth forever, in the name tion, possess all the qualifications, and take and by the authority of this state, ordain, de- the oath which it requires. No man can be termine, and declare, that the supreme execu- duly qualified as governor of this commontive power and authority of this state shall be wealth in any other way. And if you should vested in a governor; and statedly, once in ever say he can, with that voice, by which

deceived.