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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 government 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 electors, 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 subject demonstrates, beyond a doubt, that un-wiser provisions for that purpose. And now 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 governor devolved on the speaker of the senate, in case of the death or resignation of the governor, for the remainder of that term.

quently be a very weak man, totally unfit for the office of governor, and was not the choice of the state, that it would be unwise and unsafe to confide the administration of the government 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 govassembled 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 mis chief 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 consti abundant caution, have made the succession tution. Therefore, if under the old constitu more 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 eleopose, 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 ar be 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 ne- the manner that compact will authorize. cessary 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 mathematical demonstration.

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 inen 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 As the only object of the new convention county? Certainly, and much more so; for was to amend the old constitution where they now we have a man who was our choice, in should deem it defective, is it not clear, that if whom we reposed confidence, and whom we they had believed that it was defective, be- elected for the purpose of filling the vacancy cause it did not authorize an election to fill a he now fills; and whether it be hard or soft, vacancy in the office of governor until the ex- necessary or unnecessary, is immaterial. It is piration of four years, and because it confided enough that we have, by the most solemn act the helm of state to a mere speaker of the we have ever done, and I believe as wise an senate, elected by only about one twentieth of one, said it should be so; we elected him volthe state, they would have amended it, so as untarily, knowing that he might become our to authorize such election after the adoption of governor if a certain contingency should hapthe new constitution? But instead of this, pen-it has happened—and he thereby becomes they have only changed the right of election as much our governor as if we had chosen him from electors elected by the people, and given instead of the lamented Madison. By the it to the people themselves. They have said death of Madison, he, to-wit, Slaughter, has a that we shall exercise the right personally, and vested right to all the honor, power, and profit

their course; for it cannot be expected that men who publish to the world opinions, for which they are not able to give one good reason, and whose exaltation into notice and of

appertaining to the office of governor; we have given it to him by our voices in the convention, and at his election, and have no right to take it away without his consent. It has also been said by some, that Slaughter fice depends solely on the success of their has not a right to administer the government opinions, will ever change their conduct until until the expiration of the term for which he their dispositions and tempers be radically alwas elected, because he would still be eligible tered. To those men I did not address myto the office of governor, which would be con- self with any hope of success; but it is to you trary to the spirit of the constitution, which who may have been innocently seduced by declares that the governor shall not be re-cli- their artifice, and deluded by the confidence gible to the office of governor for seven years you reposed in their intelligence and candor, after the expiration of the term for which he without examining the constitution, and who was elected. This is so futile an argument have no interest or disposition to violate it; that I shall only refer you to the 3d article and you, the honest yeomanry of the country, who 8th clause of the constitution to prove its falla- are the stay and hope of the government, and cy. By that clause, the lieutenant governor, who will spill your blood in defence of your in case the governor shall be absent from the constitutional liberty. Examine honestly, I state, shall administer the government until his conjure you, the conduct of those prominent return, or another be duly qualified. Suppose men who advocate a new election; observe he should not return until the expiration of the their situations and their motions, look at their term for which he was elected, would not the arguments, and ask yourselves, in the honesty lieutenant governor have a right to his office the of your hearts, why all this parade, this zeal whole of that time? Certainly he would. and fermentation? Is it because those men Would that make him ineligible to the office of love their country more than their countrymen governor at the next election? It would not. do?-because they are disinterestedly and excluThis argument also is then prostrated. I will sively our friends, or because they wish to do not pretend to answer the arguments in detail us a service? Or is it not more because they that have been used-they are all completely love themselves, and wish to climb into office answered. I will not fatigue your patience and power by exciting our prejudices and our nor insult your understanding by detaining fears? Do they furnish any evidence of their you with further argument to prove that which love for us, or regard for our interest, peace or is almost as self-evident as that you have happiness, when, without any good cause, noses on your faces, and which, if proof were they attempt to excite tumult and commotion, necessary, has been abundantly, and I believe destroy the harmony of the country, and bring unanswerably demonstrated, to the satisfac- on all the horrors of a civil war? And for tion and conviction of every impartial mind. what is this to be done? To preserve our conI might say much more on this subject, but I stitution? No; to sacrifice it. Is it to promote have said more already than I would have our interest or happiness? This cannot be. desired, if the nature of the subject would have But an attempt has been made to lull our appermitted less. The constitution is sufficient-prehensions. We have been gravely told that ly plain on its face, but the ingenuity of man there is no danger of confusion, anarchy, or can distort and disguise, by subtle sophistry, civil strife. This is the language of all revothe most self-evident truth. This has been the lutionists. Can you believe it? Suppose you object of the advocates of a new election. To elect another governor to supersede Slaughter, aid in an honest endeavor to defeat their mach- will he give up the administration of the gov inations, and arrest the further extension of ernment? Surely if he be a firm and honest their erroneous and mischievous doctrines, was man, determined to do his duty, and save the the only motive that prompted this address. constitution from violence, and his country And I think I have shewn clearly that we have from ruin and disgrace, he will defend them not a right to elect a governor to supply the to the last. If he would tamely submit, he vacancy occasioned by Madison's death-by would treacherously surrender them-he proving, in the first place, from the provisions would be a pusillanimous and unfaithful senin the constitution, that the convention did not tinel. He is not such a man. But suppose he intend that there should be such election; in should be frightened or forced out of his duty, the second place, that at every election for gov-would you say there was no commotion, no viernor there should be an election for lieutenant olence? And what further would be the conse governor, and that the lieutenant governor is quence? Those who do not believe that the elected for four years, and that consequently constitution warrants an election, would not we cannot now elect another in his place. And submit to any law signed by the new goverthe latter proposition I think I have abundant- nor. How would you force obedience? Would ly supported, not only from our own, but also not this be anarchy? But then the courts, the from the constitution of New York, and the last anchor of safety, would be appealed to; old CONSTITUTION, from which the NEW some might decide one way through fear, was copied, and not as alleged from that of others differently from a sense of duty. But New York. I think no man will now feel a do you believe the Court of Appeals, sworn to doubt; but I do not expect that those who have support the constitution, would surrender it? written in the newspapers, and made stump But we are boldly told, that they dare not respeeches in favor of a new election, will change fuse!! Oh! my country, art thou, with all thy

noble and exalted destinies, quivering on this office under the state government, yet I do awful precipice! Have we come to this, that feel a deep interest in Kentucky's welfare and a few men may sack the constitution when repose; it is the place of my birth and my they please, with impunity? The advocates home. of a new election admit that we have not a If any thing I have said, or any position I right to change the constitution in any other have taken be doubtful, I only ask you to exway than that therein prescribed, but some of amine the constitution over and over again unthem still have the effrontery to say, that we til you shall become completely satisfied. But can force the courts to give it what construc- if it be possible you can still doubt, pursue the tion we please. What is this but repealing it? course dictated by your interest and safety. Are we not constrained to fear that any man Recollect that if it even be doubtful, whether who will endeavor to make us believe such you have the right to elect a governor, to fill doctrines, would prostrate our liberties that he the vacancy occasioned by Madison's death, might rise on their ruins? Will you then, peo- you cannot violate the constitution by a subple of Kentucky, permit yourselves to be mission to the present state of things, but that duped and cheated out of your constitution by you may destroy it, and with it your peace and those candidates for power? Are you not free- happiness, by hazarding an unnecessary elecmen? Then think for yourselves, and act tion. Sport not with this sacred instrument, like men who deserve to be free; act coolly, de- I beseech you. It is your interest and duty, liberately, and wisely. I do not ask you to not only to yourselves, but to your children believe what I have said, because I have an and your children's children, to defend it interest in the welfare of my country, and none even against the slightest encroachment. in erring on the question I undertake to dis- This is the only way to preserve your liberties, cuss; but because I have addressed you in the and transmit them unimpaired to your posterlanguage of truth and honest sincerity; for al-ity. À KENTŮCKIAN.

though I do not, nor never expect to hold any

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