Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1820-12-23

1
al whose discretion II rests to prefer one sub
lectto another IL II we've otherwise, IA. Chief
Executive officer would have M pawpr What
ever IN Councii. and the check w'ad not be
fectprocai. IL can scatcCl, be doubted that
! " was Intended that the a>t.ny vote shonld
d. IN th2 Gtvernoi. and hat when the Coun-
| eli were divided equally he shonld have 4
| tighi TO choose between the two opioioms aod
| I" adopt either AZ AN advice for, IL the
whole Councillors were present Their num.
| Der being even. aud Que half SNIFF cient 10
| fo'm a complete Council either Opinion
would be a complete advice. IL the case OF ap
pointmeuts, which the Governor is tcQrite-i
| 70 make by advice OF Council, he must ei-
| ther nave vsica or the exclusive right 10
nominate. or lac can take no part whatever,
anu become passive instrument TO sign the
commission 10y their order, "a is now The
! case. WIN ,esrcct TO the ratification of his
absence By the Governor, a. provided for by
/ law while u is said that he must first give
| notice 10 the Council, when in session, of his
iuteniion To he absent. have thought thai
| he might notify by letter TO the Clerk because
the occasion tor his ab,snce might arise sud
denly aud nnexpectedly.....A constant az
sent 10 proceedings in council without his
presence, II the case should at airy iimr
! require them, before he could arrive unon
notice being sent TO him at the utven-
cy. has been preferred ss the safest rule 80.
"A contingent assent Ia proceedings without
ms presence, may safely be considered The
same as voluntary notification of absence
and The terms OF the Law are comrlied with nv
thai rule. But the assuming military functions
should ever he deemed A permanent absenre
iion TIE Civil Government il circumstances
should al any time render military operations
necessary aud notification 10 that effect
"onid certainly Ire given. Candnur Requires
me 10 Make known my TIA. oreiicdl opinion on
The construction ct the Constitution, IN the
phrase necessary absence of tie Governor
from The government" which we fiud in it
without recurring TO the colony period, upOn
the extreme verge OF which the constituent
Assembly was standing, the meaning of the
words " shall act as Lieutenant Governor"
cannot he ascertaued. ...That those words
meant. during that period The same a. I" shall
exercise all The necessary powers rs Cover
nor cannot he disputed; for IN Virginia.
Lieutenant Governors, for the most part pre-.
sided, under the common Responsibility OF all
| Nicegerents OF the King. Bnt the words sab-
| sent from the government had during the
same period Specification pieciSei, equal 10
the phrase out OF tie colony; : tire Cover.
ilNisin general having continued TO reside i'm
| Eng land for the greater part and even for the
| whole, IN many Instances. of the terms OF their
| commissions. And ii woud not he sound io
| refer 10 different standards. for the consIruc,
| uon OF diifereBt parts OF The same sentence
in restrictive and mandatory Instrument of
| such high import. Ii is true however, that
| the practice OF subsequent period now also
| becoming somewhat remote. may be so whole
Sonie as 10 Jns'ify anu protect construction
| originally uusonnd. And il is certain thai no
| practice however erroneous al its origin If il
hd. becu long continued. and has answered
wei, can be suddenly aud abruptly changed
| without incnrrng risk of greater mischiets
| than are Involved IN ihR error itseif-It is
| necessary, new sriseess, to Tie maintenance of
uniformity and steadness in practice, that the
| theory OF institutions should be revised often,
! anu seltled at convenient intervals For II is
only by preserving souuduess i'm lheorX and
! by keeping il steadily in view, that the uatu-
raj and UuavnidabIe OSCILLATIONS of practice
can be Kept from becoming violeui and ex-
| IRENE.
beg You to accept, Individually, the assur>
| auce oil my very great aud siBcere respect aud
| regard.
TIL: NJ. RANDOLPH.
Inc JOINT Committee OF the two Houses
! of tie General Assembly.
Various reports and bills were presented nv
me committees, which were received and laid
| upon the table.
On motion of Mr.. Lynch, leave was given
10 of,nS III bill altering the time of hold
M me musings court of the corporation of
| LynChburg On motion OF Mr. MaNo the C.
TOT I. OF j. were instructed 10 enquire into
The expedlency OF passing law authorizing
the Courts Of Justice IF This Commonwealth ia
near ana decide on applications for dirorce -
and on motion OF Mr.. Kincheioe, the G.. OF n.
aud L. ~. were instructed TO enquire into the
eXpediencv OF making an appropriation for the
Improvement OF 40 much OF The road leading
from Winchester through ClarkSbu 10 Ma.
ileita III the state OF OHIO, az lies on the west
side OF he Allegheny mouutam
IeHtions weTePreSeniedand Ielerred-from
| William Biannam Tor divorce-irom sundry
INHABITANTS OF Orange, PRAYING that that small
sccilOn OF HEIR county, lying above Conway =
saw mill OIL The Conway river, be annexed TO
The county of Madisom-irom sundry citizens
OF Patrick. respecting the ground Oh which
I their courthouse now stands-irom other citi-
zens III opposition theretO-and from sundry
inhabitants of Norfolk, requesting certain a.
monuments 10 the law for tie appointment of
haTbonr masters aud declaring their duties.
Engfo'sed bills" authorizing The Judges
of the superior COurr of law for the comfy
+ OF SFrederick TO hold an extra term for the
same" concerning VIM. Given" pIacing
George Mccoy on The pension list, and for ms
present relief" placing John Sintler on the
pension list and fOF his present relef7-' con-
wee respectively read Sd time andspaSsed
4 report from the e. OF i and G was read
list, in favor OfincOTporating the Flat Creek
Library Society in the comfy Of CampbelI-.2a
acCeding TO the petition of sundTy owners Of
lois IN the town of COyinGtOn in the comfy oil
BOtetnurt, praying ios tnI ther time 10 build on
aud improve their lots in the said IOwn-dgresd
ia by The House
Thursday, December ola communication
was received from the Senate, stating that the '
had passed the bill" concerning VIM. Walker
administrator of John S. Walker, deceased"
Various bills wefe presented by the commits
tees.
On MIR. Machir's motion, leave was given
10 bIIng in a bill 10 amend an act rhtiileC
an act TO authorize The appointment OF three
Directors for the Bank OF the Valley in Virgi.
nia "
On Mr. Me ridlh's motion, an enquiry wa
directed into he eXPediency of placing Tbo
mas Southwark, at old anu INDECENT revoln
tIonaty soldier, on the pension list.
On motion OF Nlf. White Of Hampshire, Re
SOired. that this House will, Oh Monday, ill,
Ssh OF January next, proceed by joint baIlo
with the Senate. t0 the removal OF TWO of TIT
members OF the Executive Council
Petitions were presented aud referred iron
Mourning Robertson, AbsaIOm fowler, Fran
ces fowler and Others. Tor REIMBURSEMENT o
the COmmoBw eaith's right 10 tact Of liant
- PutsS lvdnia-from Richard JHrner and o