would certainly be a special election and for å special purpose. But to prove still more conclusively that the lieutenant governor is elected for four years, I would ask you to look at the 3d clause of the 6th article of the constitution, which I have already shown you, and which declares that the governor, lieutenant governor, &c., upon conviction of bribery or treating, shall be disqualified from serving as governor or lieutenant governor, &c., for the term for which they shall have been elected. What is meant by the term, for which the lieutenant governor was 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 gov pugnant to the construction of the new election ernor might die, resign, refuse to qualify, when men, for it would show that the lieutenant gov- he was created expressly to succeed him in the governor had a right to continue in office, although ernment, on the happening of any of these continthe governor never was in office. But again, gencies? If it did intend it, why did it not how could the lieutenant governor, Slaughter, say. so? But can it be believed that it would administer the government for one month, after create an officer for no other purpose, designate Madison's death, if by that event he lost his office him as the successor of the governor, make it of lieutenant governor? For if his office ex- necessary that he should have the same qualipired when Madison expired, he was that mo- fications, be elected at the same time, by the ment a private citizen, and no more lieutenant whole state, and declare that he should go out governor than any one of you-but still we hear of office at the very moment when it becomes of his going on with the administration of the necessary for him to do that for which he was government, not as a private citizen, but as lieu-elected, and which he is positively commistenant governor; and again, did Col. Slaughter, sioned to do? when he was called to the execution of the duties he is now discharging, take any new oath? I presume not, because it was not necessary. But if he had, by Madison's death, become a mere private citizen, certainly it would have been necessary that he should take the oath; because, whenever his office expired, his oath ceased to operate-he was certainly absolved from any liability which could afterwards result from that departed oath. For still more light on this subject, I would ask you to look at 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 deeluded 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 election, and after they mer election mentioned in the constitution. I are both sworn into office they are impeached, could not mean a special election; and an ce rad the governor convicted, he then is ineligi tion of governor, under existing circumstances, ble for the term for which he was elected, that is four years. But how then would you con- every three years, and as often as the seat of vict the lieutenant governor? The new election government shall become vacant, a wise and dismen tell you he is out of office the very mo- creet freeholder of this state shall be, by ballot, ment the governor goes out of office, and that elected governor by the freeholders of this consequently the time for which he was elected state, qualified, as before described, to elect has expired; you therefore could not try him, senators; which elections shall always be held nor if you could, would you have any right to at the times and places of choosing represenconvict: because his term having already tatives in assembly for each respective county, expired by the expulsion of the governor, you and that the person who hath the greatest cannot disqualify him from serving as lieuten-number of votes within the state, shall be ant governor, if he should be immediately governor thereof." 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 legday 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 or may happen to die, resign, or be dismissed? 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. clause in the New York constitution? Would ernor. govern says so; and it is equally clear, that the monor is out of office, because the constitution ment another is elected, the lieutenant goversays he shall only continue in office until such election. But some gentlemen, who acknowledge that be duly qualified," which is not the language Our constitution says, "until another 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 vacan York constitution has changed their opinion, cy, might be elected, because the constitution and convinced them that they were wrong! It is strange, passing strange, that this argument, which, when scrutinized, is most decisive against a new election, should be wielded in 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, SEC. 17th.-tion, in the manner prescribed by the consti"And this convention doth forever, in the name and by the authority of this state, ordain, determine, and declare, that the supreme executive power and authority of this state shall be vested in a governor; and statedly, once in deceived. tion, possess all the qualifications, and take the oath which it requires. No man can be duly qualified as governor of this commonwealth in any other way. And if you should ever say he can, with that voice, by which you consecrate his usurpation, you consign new-and that the only difference is, that by your constitution to the GRAVE. the old constitution the speaker of the senate was to fill the vacancy, until another governor should "be duly qualified," and by the new the lieutenant governor in the first instance has that right. It becomes material now, to enquire how and when, by the old constitution, the new governor could be duly qualified, to succeed the ex-governor. And to enable us to do this satisfactorily, it is only necessary that we should ascertain how and when senators were to be elected by the first constitution. For you must not forget that the governor was to be elected in the same manner and at the same time. Having briefly and in a desultory manner examined all those parts of our present constitution which tend to the elucidation of the subject, I proposed to illustrate; and having, as I think, clearly demonstrated that a new election of governor, as attempted, is not only unauthorized by that instrument, but is palpably inconsistent with many of its positive provisions, and in violation of common sense and every legitimate rule of construction, I might be content to close the constitutional argument. But before I leave the constitution, I must, for a moment, place the subject in a different OLD CONSTITUTION, ART. 1, SEC.-"The senattitude, which will, I am sure, confound all ate shall be chosen in the following manner: opposition. For this purpose I must ask All persons qualified to vote for representayour indulgence to go with me to the old con- tives, shall, on the first Tuesday in May, in stitution, and compare it with our present one. the present year, and on the same day in every From this source 1 believe you will be able to fourth year forever thereafter, at the place apdiscover an argument, that will, like elec-pointed by law, for choosing representatives, tricity, flash conviction on every mind, and one that will be completely triumphant. This process of argument cannot be objected to, because it must and will convince, and because it is the most correct and unexceptionable kind of argument on construction. It is an established maxim of legal construction, that when any remedial law is ambiguous, or the reason, application or design of it uncertain, we should resort to the old law, the mischief and the remedy. elect by ballot, by a majority of votes, as many persons as they are entitled to have, for representatives for their respective counties, to be ELECTORS of the senate." SEC. 12. "The electors of the senate shall meet at such place as shall be appointed for convening the legislature on the 3d Tuesday in May in the present year, and on the same day in every fourth year thereafter." The governor was to be elected for four years, at the same time and in the same manner The advocates have concentrated all their that senators were elected. Senators were argument on this ground, to-wit, a compari elected once in every four years, by electors son with, not our old coustitution, but that of who were elected every four years, and were New York! It will be recollected that the in- to meet once in every four years. Hence, it is strument to which I now invite your atten- plain that a governor could only be elected tion was our first constitution, and that the once in four years. Suppose governor Shelby one under which we now live is only an (who was our first governor under the old conamendment of the old one. It is fair, there-stitution) had resigned, or died one year after fore, to examine the old constitution, to see the he was installed, or "duly qualified," upon provisions therein contained in regard to the whom would the administration of the govern、 executive department, ascertain how far wement have devolved? You will answer, the then had, or whether we had at all the right speaker of the senate. Well, how long would of electing a governor to fill a casual vacancy he have had a right to the office and emolubefore the expiration of the constitutional term, ments of governor? You will reply, until "anand whether any, and what changes or amend-other governor shall have been duly qualified." ments are to be found in the new constitution. But now ask yourselves the important quesOLD CONSTITUTION, ART. 2, SEC. 2.-"The tion, when could this new governor be "duly governor shall be chosen by the electors of the senate, at the same time, at the same place, and in the same manner." SEC. 3. "The governor shall hold his office during four years." qualified?" The solution is given by the constitution. He could not be constitutionally elected until four years succeeding the election of the former governor, Shelby. If he could, I should be gratified to know when. SEC. 15. "In case of the death or resignation Could he have been elected in any other way of the governor, or of his removal from office, than by electors of the senate? No. Could they the speaker of the senate shall exercise the of-be elected, or hold their electorial meeting fice of governor, until another shall be duly qualified." more than once in four years? Most certainly not. But it may be said by some of the new It will be recollected that under this consti- election sophists, that the constitution only tution there was no lieutenant governor, and declares they shall be elected once in every we see from the foregoing extracts how the four years, and shall meet to vote once in every governor was to be elected, the duration of his four years, but does not prohibit their election office, and how vacancies that might happen and convention oftener if any exigency should in his office by death, resignation, or removal, require it. I might admit, that if the proviswere to be filled. You see that the language ions made in the constitution to fill the vacanof the old constitution, "until another be duly cy in the office of governor should happen to qualified," is precisely the same used in the 'fail, then, to prevent anarchy and a dissolution of the government, we would have a right to years after the former election, and taken the fill the vacancy when and how we might think requisite oath. If the new convention used fit-because the power would, in that event, the same words without any other explanation revert to us. But this has no concern with the or restriction, did they not intend that they present question. In the one proposed, the should convey the same meaning? You find people of Kentucky would not have had a that the only difference between the two conright to elect a governor in any other manner stitutions, in case of vacancy in the office of or at any other time than that prescribed by governor is, that in the first, the speaker of the the constitution. For see the absurdity of a senate should administer the goɣernment until contrary doctrine. Suppose (governor Shelby another be duly qualified-and in the last, the having resigned three years before the expira- lieutenant governor should administer the govtion of his term,) that the people had immedi- ernment until another be duly qualified. ately elected electors, and that they had If the members of the convention had forthwith, or at any time before the expiration thought the old constitution was defective in of the term, elected a governor-would they its provisions for filling a vacancy in the office have had a right to elect senators at the same of governor in any other respect, why did they time? They had not. Would they have not change those provisions? We find that elected a governor for the remnant of Shel- they have materially altered the old constituby's term? They could not, for the constitution tion in other respects. They have even is imperative that he shall be elected for four changed the mode in which the governor shall years. Could they have elected him for four be elected, giving the qualified voters, instead years? You must instantly perceive that they of electors of the senate, that right. They have could not-for the constitution is express and created a lieutenant governor for the sole purpositive that the electors of the senate shall pose of administering the government, instead elect senators and a governor once in every four of the speaker of the senate. They have exyears. But this they could not do, if this spe- tended the enumeration of instances in which cial board of electors just mentioned had a he shall act as governor. Why, then, did right to elect a governor for four years, after they not change the old constitution, so far as two years of Shelby's term had expired, and it had fixed the time when a new governor had actually elected one for that period-for should be duly qualified? The answer is obthe term of this new governor would extend vious-they did not think good policy would two years beyond the time, when electors of authorize it. They very wisely believed that the senate are commanded to elect a governor; the remedy would be worse than the disease. therefore either they must not be permitted to Instead of changing the time of election, they obey and support the constitution, or the spe- have only altered the manner-instead of aucial clectors, unknown to the constitution, had thorizing a special election of a new governor, not the right to elect. This being the alterna- they have doubly increased the obstacles to it, tive, no honest man, however skeptical, can and the number of persons who may fill any possibly hesitate. I think this view of the vacancy that may occur, by making more and And now subject demonstrates, beyond a doubt, that un-wiser provisions for that purpose. der the old constitution, a new governor could you may see a complete explication of the not have been "duly qualified" until the expi- reasons why, and the purpose for which a lieuration of the term for which his predecessor tenant governor was created. It was thought was elected, and that consequently the func- as the speaker of the senate might fretions, power, prerogatives and emoluments of quently be a very weak man, totally unfit for governor devolved on the speaker of the sen- the office of governor, and was not the choice of ate, in case of the death or resignation of the the state, that it would be unwise and unsafe to confide the administration of the governgovernor, for the remainder of that term. ment to him for so long a time as two or three years, if it could be conveniently avoided. Those, then, are the provisions, and this the doctrine of the old constitution. After a few years' experiment, it was in some respects found to be defective. To amend it and make The convention determined that, when a it more perfect, a convention was called, and governor should be elected, a lieutenant gov assembled in 1799. In some of the prominent ernor should also be elected, in the same way features of the old constitution they made a and possessing the same qualifications, for the radical change, and in August, 1799, adopted, purpose of succeeding him in office, in case he as an amendment or substitute, that master should vacate it any time before the expiration piece of political architecture, our present con- of his term of service, or be suspended from stitution. But in relation to the executive de- the exercise of its functions by impeachment or partment, and the mode of filling vacancies absence from the state. They knew from exthat might occur in it, what have they done? perience, the school of wisdom, that a too freThey knew well the provisions of the old con- quent recurrence to popular elections for the stitution on this subject, and their inevitable first office under the government would be construction. Have they changed them? So dangerous and mischievous. They deterfar as regards our present enquiry, they have mined that once in four years would be as ofnot, but confirmed and re-adopted them. In the old constitution, the expression, "until another be duly qualified" meant, until he should have been elected by electors of the senate four ten as the harmony of the country and the stability of the government would warrant the election of governor, and to prevent any mischief that might result from an election at a shorter period, the old convention provided not representatively or by proxy; and that a who should be governor, or in case the governor lieutenant governor, whom we shall elect for elect should vacate his office. The new con- no other purpose, shall, in case of a vacancy in vention, influenced by the same motives, have the office of governor, act as governor, instead not only ratified this policy, but through of the speaker of the senate, in the old constiabundant caution, have made the succession tution. Therefore, if under the old constitumore secure, more perfect and more satisfacto- tion we had not a right to elect, much stronger ry. They have designated the lieutenant gov- are the reasons why we cannot now. ernor (whom they created for that special pur- But it is said by the advocates of a new elecpose, and no other) in the first place, and then tion, "that it would be anti-republican, contrain the case of casualty, the speaker of the senate. ry to the spirit and genius of our government to Hence they required that a secondary officer submit to be governed by a mere subaltern." should be elected with the first, in the same This, you may perceive, is done to excite feelmanner and possessing the same qualifications ing and prejudice, and drown reason. Those -that if by any accident we should lose our gentlemen must certainly have sense enough to governor, his functions shall devolve on and know that this slang is not to be taken for arbe discharged by a man of our own choice, gument, and that intelligent men will not be whom we have elected for that very purpose, seduced by it. But, in all their argument, knowing at the time we elected him that he they have never once drawn their reasoning might be called to the executive chair. It from the constitution, but have invariably gone would be ridiculously absurd to say that the behind it, to a period when we were in a state lieutenant governor was created for any other of nature, and were not fettered by what they purpose, even to be speaker of the senate. The would call constitutional chains. It is not constitution itself is decisive. It says, "the proper to ask us what we may like or dislike, lieutenant governor shall, by virtue of his of- or what, if we had the power, we would do fice," be speaker of the senate. they should show us what we may do and From this concise and hasty view of the two what we must do. But this doctrine they will constitutions, I presume no man can doubt please to call anti-republican, because it does what the convention intended when they used not permit us to do whatever we please.— the expression, "until another be duly quali- Therefore they say that we ought not to subfied." For it must mean in the new constitu-mit to the government of the lieutenant govertion what it did in the old, the new being only nor. And how do they attempt to prove it? a continuance of the old, and in the same lan- Not by the constitution-not by shewing us guage; and that the present incumbent, Gabri- that the constitution does not give him the el Slaughter, has a constitutional right to the right to govern us, but by telling us that if we office which he now fills, until the expiration suffer it, we are resigning our liberty, (that is, of the term for which Madison was elected, and of doing what we please, right or wrong) and until another governor be constitutionally tamely renouncing the elective franchise. Is elected, constitutionally qualified, and consti- not this most ridiculous argument? They tutionally sworn into office-that is, "until an- know well that we have surrendered this right other be duly qualified"-which means, quali- to a certain extent, by our social compact, and fied according to and in pursuance of the con- that we cannot exercise it except when and in stitution. If further argument could be necessary for any capacity, I might refer you to the constitutions of some of our sister states, adopted before ours, in which the same expression, "until another be duly qualified," is used, and from which it is clear that a new election to fill a vacancy in the executive office was unauthorized and unnecessary. Indeed, if it were necessary, and time would permit, the subject might be pursued to almost mathe matical demonstration. As the only object of the new convention was to amend the old constitution where they should deem it defective, is it not clear, that if they had believed that it was defective, because it did not authorize an election to fill a vacancy in the office of governor until the expiration of four years, and because it confided the helm of state to a mere speaker of the senate, elected by only about one twentieth of the state, they would have amended it, so as to authorize such election after the adoption of the new constitution? But instead of this, they have only changed the right of election from electors elected by the people, and given it to the people themselves. They have said that we shall exercise the right personally, and the manner that compact will authorize. We have surrendered it on the altar of the common good, by that great, and solemn, and sovereign Fiat, which no human legislature can repeal. But if this appeal to the selfish bias of our nature were an apposite argument, how easily is it refuted? Was it not equally hard, and equally subversive of what some men call our rights, to compel us to be ruled (as the old constitution did) by a man who was only elected as a senator by perhaps one county? Certainly, and much more so; for now we have a man who was our choice, in whom we reposed confidence, and whom we elected for the purpose of filling the vacancy he now fills; and whether it be hard or soft, necessary or unnecessary, is immaterial. It is enough that we have, by the most solemn act we have ever done, and I believe as wise an one, said it should be so; we elected him voluntarily, knowing that he might become our governor if a certain contingency should happen-it has happened—and he thereby becomes as much our governor as if we had chosen him instead of the lamented Madison. By the death of Madison, he, to-wit, Slaughter, has a vested right to all the honor, power, and profit |