selves that nothing short of mathematical called constructive than that which is literal. demonstration will convince them back again. The one is as sacred and as obligatory as the But, hopeless as the attempt may be, it is the other, because it is as much the constitution. duty of every good citizen to make an effort; Both are equally constructive; the only differmore especially as he may thereby prevent the ence is the mode of construction. Why is it further extension of this contagious doctrine, that we cheerfully and unhesitatingly submit and counteract the exertions of those who, en- to whatever the constitution expressly declares? couraged by an accidental accession to their Is it because there is any affinity between the small corps, are stimulated to redouble their sign and the thing signified; or language and efforts. That the attempt now to elect a gov- ideas? No. Language is conventional; it is ernor is a flagrant and dangerous violation of an arbitrary association of sounds significant the constitution is, I have no doubt, as conclu- by compact. Therefore when we hear a man sively demonstable from that instrument it- speak we affix to his expressions that meaning self, as any question can be, that is suscepti- which common usage and consent have given ble of the remotest doubt. And to demon- to them. If one man make to another a promstrate to every man's conviction, who is not ise in language plain and simple, how is his under the influence of an inflexible predeter- engagement to be understood and performed? mination, that it would be unconstitutional In the way in which common consent interto elect a governor before the expiration of the prets his words; and although he might have term for which Madison was elected, so that had a different meaning, he is nevertheless abthere will be no ground left for a rational 'doubt, is the only object of this essay.

solutely bound by that which his words invariably import. Is not this solely because it is To effectuate this object I only ask that you presumed that he intended to convey the same will go with me to the constitution, and im- ideas by his words that other men do? What partially and attentively explore it, expelling is even this then but construction? And what from your minds every extraneous argument, is this obligation, other than constructive? and forgetting that you had ever thought on But when words are, in themselves, uncerthe subject; and if the result be not a thor- tain, how do we understand them? Why cerough and indubitable conviction that the con- tainly in no other sense than that in which we stitution, not only does not, authorize a new presume they were intended to be understood. election, but by every fair and permissable To solve difficulties of this kind, common conconstruction interdicts the exercise of that sent has established certain criteria, or rules of privilege, it must be because "A man convin-construction to which we must resort, and by ced against his will, is of the same opinion still."

which ambiguous expressions are to be interpreted. These rules are coeval mith language Preparatory to the investigation of this sub- itself, and are founded in its constitution and ject, it should be premised that ours is a gov- in common sense. This is then a part of the ernment of laws and not of men. Our con- same compact by which words are made sigstitution is the basis; the laws we make in nificant. When an individual uses words unison with it are all mere superstucture. which are literally doubtful, it is to be preThe constitution is the great charter of our so- sumed he intended to convey by them that cial compact, defining and distributing the meaning, which those universal and fundafunctions of political sovereignty. It is an ar- mental rules established by general consent ticle of agreement between the people and give to them. This is construction; but no their functionaries. The former have no more more so than giving to words that meaning right to alter or modify it, except in the way which common consent says they literally imtherein provided, than the latter. And our port, is construction. The meaning in both political rights are secure or insecure in pro- cases is founded on and deduced from comportion to the degree of our respect and ven- pact; and the only difference between them is, eration for that sacred instrument. The sover-as before remarked, the process by which it is eignty therein transferred is not reclaimable at ascertained. If a man make a contract, the our mere whim or pleasure; when we wish to know what right or power we have thereby delegated, and what retained, we must advert to that instrument itself; and if there should be an apparent ambiguity in any clause or article, we should examine the whole attentively, Apply these preliminary remarks to our and give that construction which would make constitution. Ask yourselves if there be any all the different parts consistent; we should re-real ambiguity in that instrument in regard to sort to the established rules of construction, the question about to be discussed. If you and whatever inference we deduce by this should think there is, only ask yourselves, to process, is as much an inviolable part of the what inference the proper and universal rules constitution as anything that the words may literally and undeniably import. To prove this by argument is useless; for it is an axiom, the truth of which no man, who is capable of investigation, can controvert.

Let it not be said that we have any more right to violate or disarow that which may be

literal meaning of which is doubtful, is it not construed by the rules we have mentioned? And is he not as much bound by this interpretation, as if there had been no necessity to resort to them? Certainly he is.

of construction will certainly and inevitably lead. If they will authorize the belief that the constitution does not deprive you of the right to elect a new governor under existing circumstances, it will be admitted that you have the power to exercise it, if you choose. But on the contrary, if they will convince you (of which I

have no doubt) that you cannot consistently guage is plain and decisive. It may be found with the constitution exercise this privilege, I in the following clauses: presume and hope that every honest and candid man will frankly acknowledge that the right does not exist, and will, without a murmur, cheerfully submit to the present state of things, consoling himself that it was ordained! by his country, and decreed by one of the wisest, best, and freest constitutions extant in the world.

I shall endeavor to show you, as briefly as the nature of the subject will permit, that there is no ambiguity in the constitution in relation to the present question. But, if there should be, when it is attentively examined and correctly expounded, no dispassionate man, in his senses, and honestly in pursuit of truth, can possibly doubt.

ARTICLE 3, SEC. 1. "The supreme executive power of the commonwealth shall be vested in a chief magistrate, who shall be styled the governor of the commonwealth of Kentucky." SEC. 4. The governor shall be elected for the term of four years by the citizens entitled to suffrage, at the times and places where they shall respectively vote for representatives. The person having the highest number of votes shall be governor; but if two or more shall be equal and highest in votes, the election shall be determined by lot, in such manner as the legislature may direct."

ART. 3, SEC. 16. "A lieutenant-governor shall be chosen at every election for a governor, in the same manner, continue in office for the same time, and possess the same qualifications. In voting for governor and lieutenant-governor, the electors shall distinguish whom they vote for as governor, and whom as

In the investigation of this subject I shall not follow the zigzag and declamatory course that the advocates of a new election have pursued-but will take the constitution for my compass, and reason for my square. I shall not, lieutenant-governor. as they have done, endeavor insidiously to as- "SEC. 17. He shall, by virtue of his office, sail your feelings and alarm your fears, but be speaker of the senate, have a right, when in shall openly appeal to your judgments, with committee of the whole, to debate and vote on no other weapons than reason and the consti- all subjects; and when the senate are equally tution. All I shall ask of those advocates, is divided, to give the casting vote. to make the following admissions: 1st. That we have a constitution. 2d. That it is not right to violate it. 3d. That, that and that alone should control us, and determine for us the present question. And 4th. That if it should be doubtful we should examine the whole of it, and give it such a construction as will make all the parts harmonize, and give them all effect.

"SEC. 18. In case of the impeachment of the governor, his removal from office, death, refusal to qualify, resignation, or absence from the state, the lieutenant-governor shall exercise all the power and authority appertaining to the office of governor, until another be duly qualified, or the governor, absent or impeached, shall return or be acquitted."

"SEC. 24. A secretary shall be appointed and commissioned during the term for which the governor shall have been elected, if he shall so long behave himself well."

"ART. 2, SEC. 30. The general assembly shall regulate by law, by whom, and in what manner writs of election shall be issued to fill the vacancies which may happen in either branch thereof."

And all I shall ask of you is your attention, your impartiality and the honest exercise of your rational faculties. This is all the armor I want; with these weapons I fear not the result. At the threshhold, I will concede to the new election men all that they have based their arguments on, and which no good man ever denied which is that we, the people, are the only legitimate source of all political pow- "ART. 6, SEC. 3. Every person shall be diser; and that our government was instituted by qualified from serving as a governor, lieutenus and for our peace and happiness-but with ant-governor, senator, or representative, for this appendage or qualification-we are now the term for which he shall have been elected, sovereign, only so far as we are not circum- who shall be convicted of having given or ofscribed or restrained by our own act and con- fered any bribe or treat, to procure his elecsent. For in all well organized societies, it tion." has been discovered to be expedient that the "SCHEDULE, SEC. 5. In order that no ineonpeople, in order to secure their civil rights in-venience may arise from the change made by violate, should, by one great primeval act of this constitution, in the time of holding the united sovereignty, establish some fundamen-general election, it is hereby ordained, that the tal principles, which even they themselves first election for governor, lieutenant-governor could not by mere legislation control. This and members of the general assembly, shall is their constitution. We have followed their commence on the first Monday in May in the example. Let it not be forgotten that we have year eighteen hundred; The persons then a CONSTITUTION-one which it is our du- elected shall continue in office during the sevty and our best interest ever to revere and de-eral terms of service prescribed by this constifend; and one, even the confines of which it tution, and until the next general election, would be worse than sacrilege to invade; for it which shall be held after their said terms is the bulwark of our dearest rights religious, shall have respectively expired." civil, and political. The foregoing are faithful extracts, from our The momentous question now recurs-What present constitution, of all that can operate on does this instrument pronounce on the subject our question. They contain every senter ce, now agitating this country? I think its fan-every word and every mark of punctuation,

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 same powers and privileges nor receive the same compensation, except on the occurrence of certain contingencies; and who then becomes, by the constitution, invested with all the same power and authority, and receives the same pay that the governor elect enjoys while in the adininistration of the government.

I would ask you, in the first place, if you had never thought on, or heard of the subject before, could you see anything in these clauses that requires explanation? Could you see any incongruity or any mystery in the simple expressions which they contain. No, you never would entertain a doubt; if you have a doubt, 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 under existing circumstances.

from the ample and detailed provisions they have made to obviate any difficulty and preAlthough 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 kind of argument which would be conclusive in this kind of case, I shall not consume time by endeavoring to prove that in the case under consideration the constitution must give the right or it cannot be exercised, but wave this 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.

that those men, some of whom were admired as men of stupendous intellects, and were illustrious ornaments of their state, did not understand themselves. For if they intended that we should have the right to elect a new governor under circumstances like the present, they 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 The only question then for me to discuss, had no design in what they said. But such an and for you to decide, is whether the alledged imputation would be impious ingratitude to right to elect a governor before the expiration those, to whom we should forever be most of the term for which Madison was elected, is grateful. It would be a most wicked and iminterdicted by the constitution, or is inconsis- potent thrust at the consecrated character of tent 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 entmerated qualifications, have certain defined powers and prerogatives, and receive a fixed salary. You may find also that the same

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

These lat

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. particular 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 man 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 instruction, 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; they intended to exclude him.

necessary, in order to prevent any doubt or inconvenience in the cases which it embraces, When they were so circumspect as to deem must they not have known it was much more it proper to insert a special clause authorizing necessary in the executive department? Certhe legislature to pass a law declaring how and tainly; because for the latter other provisions by whom writs of election should issue to fill are made, and some of them, as I will presently vacancies that might happen in either branch show, inconsistent with a special election; and of the legislature, can you give any good rea- the very insertion of these would induce any son why they did not insert a similar clause in man to believe that such election was intendregard 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 show's 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 convenfill vocancies in the executive department. tion intended a new election or not, to remove 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 suc passing, 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 lawnual 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 nces, ity 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 interrogato-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 lacy and palpable absurdity of this forced have all the power, prerogatives, and emolu- construction. Only pursue the course to 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 lose our govern-Ition) for the remainder of Madison's term,