that can affect the subject, condensed in one parts of the constitution amendatory of our first mass, that you may see the whole at one view constitution in that respect, provide for the elecwithout any difficulty or false coloring. This tion of a lieutenant governor in the same manis the text. The commentary shall be candid, and I trust satisfactory.

ner, at the same time, to possess all the same qualifications; but who is not to enjoy the I would ask you, in the first place, if you same powers and privileges nor receive the had never thought on, or heard of the subject same compensation, except on the occurrence before, could you see anything in these clauses of certain contingencies; and who then becomes, that requires explanation? Could you see any by the constitution, invested with all the same incongruity or any mystery in the simple ex- power and authority, and receives the same pressions which they contain. No, you never pay that the governor elect enjoys while in the would entertain a doubt; if you have a doubt, administration of the government. it is not derived from the constitution. Hu- Ask yourselves candidly what is the plain man language could not be plainer. No sub-and only sensible meaning of these provisions? ject could require more perspicuity than char: Why is a governor to be elected for four years? acterizes every part of the foregoing extracts. The reasons are obvious, and are founded in You at once see that there is not one word said long and instructive experience and the wisest about a new election to fill a vacancy which policy. But the members of the convention might occur in the office of governor, but that did not forget that the man whom we might many provisions are made to supercede the ne- elect as our chief executive officer, would be cessity of it by filling the vacancy without a mortal, and liable to all the casualties incident special election. Consequently there can be to humanity. That they ruminated extensiveno doubt that the constitution gives us no au-ly and profoundly on this subject is evident thority to elect another governor at this time or from the ample and detailed provisions they under existing circumstances. have made to obviate any difficulty and pre

Although this will be acknowledged by vent any possible inconvenience. Examine even those who are as skeptical as Dr. Douty: those provisions attentively; observe the foreYet they will insist that it is not necessary cast, the exactness, the nice precaution of that the constitution should give us the privil- those who made them. They have provided ege, because we possess it inherently, and against an interregnum, in the event of almost have a right to do this, as well as everything any possible contingency. Have they said one else we please, unless prohibited by the consti- word, among all those provisions, about a spetution. This I deny, and could refute by cial election of a governor? Certainly not. showing the purposes and nature of our gov- Is it reconcilable with any rational or authorernment, and adducing examples in which, al-ized construction to suppose that they intendthough there is no express constitutional inhi-ed one should be elected, at any other time or bation, still, there can be no legislative right. in any other manner than those prescribed by But as I have no doubt of convincing every the constitution? If it is, then you must say dispassionate man, without resorting to this that those men, some of whom were admired as kind of argument which would be conclusive men of stupendous intellects, and were illustriin this kind of case, I shall not consume time ous ornaments of their state, did not underby endeavoring to prove that in the case understand themselves. For if they intended that consideration the constitution must give the we should have the right to elect a new goverright or it cannot be exercised, but wave this nor under circumstances like the present, they question. But if I should admit, for argument sake, that we have a right to elect a new governor, unless restrained by the constitution, I shall now undertake to prove clearly that it would be palpably inconsistent with that instrument under existing circumstances.

The only question then for me to discuss, and for you to decide, is whether the alledged right to elect a governor before the expiration of the term for which Madison was elected, is interdicted by the constitution, or is inconsistent with any of its provisions. If I show that it is, I shall have attained my object. This proposition is, from the constitution, almost self-evident. It is very clear from its whole tenor that the convention never intended that an accidental vacancy, in the executive, should be filled by popular election.

You find from the foregoing extracts that the governor is to be elected by the people entitled to suffrage, at certain times, for the term of four years, and thathe shall possess certain em morated qualifications, have certain defined powers and prerogatives, and receive a fixed salary. You may find also that the same

have certainly acted in a manner that is utterly inexplicable; made a great many reduntant provisions in the constitution which could only embarrass and mislead, and have betrayed as much stupidity and folly as could have been exhibited by much weaker men, who had no design in what they said. But such an imputation would be impious ingratitude to those, to whom we should forever be most grateful. It would be a most wicked and impotent thrust at the consecrated character of THAT MAN, whose collossal mind and luminous pencil are conspicuous in every clause of the sacred instrument which he drew, and whose memory is embalmed in the hearts of his contrymen.

The members of the convention thought (and correctly too) that they had left no room for doubt. They had said all and done all they could, or that was necessary, if they intended that there should be no new election; if they did intend that there should be no election, what more or else would they have said or done? Nothing. But if they had intended that we should elect before the expiration of the four

years, can we, as honest, candid, intelligent sistent, and it will also be acknowledged that men, say or believe that they would have used no provision to fill such vacancies, otherwise the language they have, and no more? If they than by election, is to be found in the constituhad designed such an absurdity, would they tion. The new election men say that, for have made all the provisions they have to fill these reasons the legislature would have had any vacancy that might happen? And would the right to pass any law they might think exthey not have made others quite different and pedient to fill these vacancies without the aumore plain? They have endeavored to be as thorization of the convention men. These latparticular and perspicuous as possible. But ter thought differently; but we have admitted, if they intended a new election, have they been for argument, that they thought so too—well, perspicuous or even intelligible, or have they if they thought so too, why did they insert this not used a language that imports a meaning special clause? Every nian will now be able different from, and inconsistent with that in- to answer. It was because they feared that tention? But explore the whole of the consti- others might have serious doubts on this subtution, and observe how consistent, how plain, ject; that there might be a difference of conhow cautious and particular they have been in struction, which it was their duty to prevent. every other part. For fear of doubt or incon- They have therefore inserted a special clause, venience, they have provided expressly for the knowing it could do no harm, and might do election of members to fill both branches of the good by precluding the possibility of misconlegislative department, when any vacancy ception. This clause is therefore not mere sushould occur in either. Why did they not in-pererogation. Well, if they thought it was clude the executive? The reason is obvious; necessary, in order to prevent any doubt or inthey intended to exclude him.

convenience in the cases which it embraces, must they not have known it was much more necessary in the executive department? Certainly; because for the latter other provisions are made, and some of them, as I will presently show, inconsistent with a special election; and the very insertion of these would induce any man to believe that such election was intend

When they were so circumspect as to deem it proper to insert a special clause authorizing the legislature to pass a law declaring how and by whom writs of election should issue to fill vacancies that might happen in either branch of the legislature, can you give any good reason why they did not insert a similar clause in regard to the executive department; was it noted to be dispensed with for wise purposes. I equally proper and necessary? Their having ask then, again, why were not executive vadone it in the first case shows that they thought cancies included in the special clause authorit was necessary; if they had intended it in the izing a special election? Or why did not the latter, would they not have used the same pre- people say, in the 30th clause of the 2d article, caution? Now, whether this special clause "The Legislature shall direct by law how writs were necessary to give the legislature the of election may issue to fill vacancies that right, or not, is totally immaterial. The members of the convention have inserted it in one case and omitted it in the other, and the very circumstance of their having used it in the one, when perhaps it was not absolutely necessary, shows unanswerably that, in the other not embraced by it, they intended that the right should not be exercised.

might happen in either branch thereof, or in the EXECUTIVE?" It was because the convention did not intend that there should be such election. They thought that the insertion of the clause in one case and the omission of it in the other, in which there was more necessity for it if it had been intended, the ample provisions which they had otherwise made to supercede the necessity of an election, and the inconsistency of some of them with such election, constituted as much as they ought to do or could do, to prevent any misconstruction. You will think so too.

But, if this argument needed any support, it is strongly fortified by another consideration. In the cases above mentioned, in which the constitution has made a special provision for an election to fill vacancies, there was not as much necessity for such a provision, as there But if it were possible, from the foregoing certainly would be for one for a new election to considerations, to doubt whether the conven fill vocancies in the executive department. tion intended a new election or not, to removo For in the former, vacancies that might happen these doubts look at the provisions they have were not otherwise provided for; but in the lat-made to render it unnecessary, by substituting ter they are, most carefully and abundantly. other officers, in case of the death, removal, The advocates for a new election say that the &c. &c. of the governor elect. And how can legislature have the right to do whatever the you then doubt? If the convention could posconstitution does not prohibit. As we are sibly have intended that we might elect a sucpassing, let us again admit this. To what cessor before the expiration of the constitutiondoes it lead? Why certainly to a very strong al term, why and for what purpose did they confirmation of the reasoning I have just de- create a new secondary officer unknown to the duced from the special clause in one part of the old constitution? Why did they create a lieuconstitution. For it will be acknowledged tenant governor? For if they intended an that there is no clause or expression in the con- election for governor to be held at the next anstitution which inhibits the passage of a law nual election succeeding the death or removal authorizing an election to fill vacancies that of the elect governor, the lieutenant governor might happen in either branch of the legisla- would be a supernumerary; because in that ture, or with which such a law would be incon- event there would be no necessity for such an

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 impossiand 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 governcause there was no necessity for it and no pro- or under existing circumstances? The constipriety 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, only 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 lacy and palpable absurdity of this forced have all the power, prerogatives, and emolu- construction. Only pursue the course ments appertaining to the office. The motive which it points, and see where you will end that induced the convention to designate the your journey. Elect a governor at the next lieutenant governor to succeed the governor for August election, (for if you have the right at the residue of his term, was a benevolent one. all, it must be exercised at some annual elecIt was, that in case we should lo e our govern- tion) for the remainder of Madison's term,

to

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 scen 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 clection 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 constitution impartially, and doubt that he directs. was elected for four years. The constitution But if it could possibly be true that the con- declares that a governor shall be elected for the vention only alluded to the quadrennial elec-term of four years, and that at every election tions, by the requisition aforesaid, then it is of governor a lieutenant governor shall be equally true that they could not possibly have elected, who shall possess the same qualificaintended that there should be any other elec- tions and continue in office the same time. tion at any other time nor in any other man- 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 here permit me to pause, not to express my own surprise, (for to me it is no strange matter) but to invite you to look at the facility with 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-sume 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 cetainly 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 oflong, 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

ner.

ration of the second office in the country would be uncertain? This would be sporting with common sense, and insulting the understanding of those who framed the constitution.

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- own personal purposes.

signation, death, refusal to qualify or dismissal But 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 gov office 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 ofthe "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 governor's constitutional time, or period of service. Any other construction would confound all the rules of the English language.

your construction of the expression. It is made the duty of the lieutenant governor to administer 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 nothHow 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 govbe compelled to continue in office as long as ernment until a governor shall be duly quali the 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?