This result meant trouble for the governor, whose term ran to November,
1872. His efforts to secure Congressional interference, his conduct in
January, 1870, and the accusations of extravagance, corruption, and other
crimes continually made by an intemperate press, had raised public
indignation to a high point. It was certain that when the new legislature
met it would investigate the charges, and it was hoped that the governor
would be impeached.[308] The time of reckoning had been postponed,
however, by the prudence of the outgoing legislature, which had provided
that the next session of the legislature should begin, instead of in
January, the regular time set by the constitution,[309] on the first
Wednesday in November, 1871.[310]
The first Wednesday in November, 1871, was November 1. On October 23, the
governor recorded in the executive minutes that he resigned his office,
for "good and sufficient reasons," the resignation to take effect on
October 30.[311] He then quietly left the state. The fact that he had
resigned was kept secret until October 30.[312]
In case of a vacancy in the office of governor, the constitution directed
the president of the senate to fill the office.[313] On October 30,
therefore, Conley, the president of the senate at its last session,
hastened to be sworn in as governor.[314] By resigning just before the
meeting of the incoming Conservative legislature, Bullock had thus
cleverly prolonged Republican power, while at the same time resigning. The
question whether under the constitution the governor's office should not
be filled by the president of the newly-organized senate, was raised by
the papers.[315] But Conley was by common consent left in possession of
the office. Though, as he said in his first message to the
legislature,[316] "a staunch Republican," he was not personally
unpopular.[317] Moreover, the legislature intended to furnish a successor
very soon.
On November 22, a bill was passed ordering a special election for governor
for the remainder of the unexpired term, to be held on the third Tuesday
in December.[318] The authority for this act was found in the following
provision of the constitution: "The general assembly shall have power to
provide by law for filling unexpired terms by a special election."[319]
Conley vetoed the bill, on the ground that the section of the constitution
quoted empowered the legislature to make general provisions for filling
unexpired terms, not to make special provision for single cases.[320] The
bill was passed over his veto.
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