Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1821-12-15

uou oi tue CONSTITUTIONS Because II was an ex-
press'on OF precedent, good sense and pr0pri-
ely. The legal definitions Of an Office may be
incidents to AN office, but they are not essentials
lie could not see the difference between an APP
pointn'cnt and commission. Otfcium means
| once, employment, appointment, duty, trust
lbis IS the plain construction of the word
The distinctions taken, and the decisions of
tie general court, are not binding on the egis-
la,urc III tne: construction of the constitution.
henbers swear to- support that instrument,
and are bound to take the responsibility orits
construction on themselves. The constitution
after excluding certain officers, says "and oil
others holding lucrative offices" He cared not
whet her others meant officers or persons. Mr..
IS. insisted that the people were as much bound
ny the constitution as the Legislature, and had
no more right to violate il. He asked if Gen
Stevens was in service during his legislative
abours! Was there any war? And rs to
the precedsnts during the late war, he dis
claimed them as not binding For one, il he
had been here he would have opposed it.
1t passed sub silenfio--for in the struggle of |
war, the House did not enter into these dis
tinctions-and did not think proper to refuse
member seat, because he had taken the |
held In defence of his country. NIr. Ii. re-
ierred to several instances in which it had
been decided by the House that attorneys for
the commonwealth were not eligible, and ask
cu u they were required TO give bond, and
held commissions He said the same princi-
PIE had been extended to members oil
the board of public works Referring to the
appointment, rank, pay, &c. sc. of brigade
inspectors, he said they were such favorites
with the legislature that the minimum of their
pay had been fixed at SIO0-and denied the
power of the brigadier general to dismiss them
at pleasure. They could only he tried by
courts martial and in this respect stood upon
the same footing with the adjutant general.
III the constitution he construed according to
the common acccptalion of the words, it
would extend to brigade inspectors. Such
principle of construction was applicable to all
other Instruments
The amendment was carried, ayes 1O4.
noes 20.
The resolution as amended, was then car
RED in the Affirmative and ON motion writ of
election was awarded TO supply the place of
Maj. Hunton.
Mr.. Crump of G. gave notice that ON Tues
day next, he should call up the resolution
touching the reduction of the pay of the
members
Mr.. Mallory, ofO. reported that
Inc Committee appointed to announce to
Thomas NJ. Randolph, his re-eetion to the Of
nee "f Governor or Chief Magistrate of this
Commonwealth, had performed that duty by
addressing to him the following note:
SIR-We are charged by the House of De-
ieSates 10 announce to you your reelection To
the Office of Chief Magistrate ftbis Cannon
wealth. Suffer us to express our personal
qualification in being selected to inform YOU
oil an event aifording such signal proof of the
unoiminlshed confidence of your country, in
your integrity, ability and devotion to its re-
publican Institutions.
TO which the Governor returned the fol-
lowing answer:
) Fclioc-cdi:ens ofHie Committee ofMe
House Of DeiegateS,
!. receive from you the formal enumeration
u, my reelection tn is third time, to the office
Oh Chlef Magistrate of this Commonwealth.
win stronger emotions than when that high
and unexpected honor was first announced to
me, or when my faithful and humble efforts TO
perform well all the duties of the station.
were, for the first time, declared TO be salts
factory to the representatives of the people.
} Inc ialthi'ilness of my services was incapa-
| ble oil abatement or increase, hut the humility
!, of my feelings has been greatly augmented by
experience. My unalterabe determination TO
follow my own Judgment, and to obey the die
tates OF conscience only, has subjected me to
uispieasrre In others, and consequent chagrin
: within myself. Always keeping in mind with
satisfaction, the constitutional rights of the go
vernon to command the militia, whenever re-
gularly called into the field, and the lawful au-
ut ounei uthtS, 80 clearly implied by
+ the title OF chief commanding officer of the
: militia, given in the general militia law. have
never ceased to cultivate the acquaintance,
and to cherish the good will of that BODY.
) within the limits prescribed by discipline, and
!, have deliberately concluded that the govern
A or was responsible for any misconduct on their
part when irreSularly assembled, until the old
relation towards them, long since established
by public necessity, should be altered by law.
I, But 1t seems, there is another more important
| error by which have incurred dispieasure
: at the seat OF our governmrnt.-I have testifi-
ed strongly against the unconstitutional en-
I, croachment, now so long continued as TO threa-
+, ten to become permanent, of the plural branch
I. OF the Executive department, upon the single
3 branch, which have the honor TO represent
e at this time.
know better than any other can know.
the purity of public intentions, and the high
worth under various forms, of my associates
IN Office, and bear witness to both not i'm itIs-
t'ce only, but with sincere qualifications Yet
cannot acqulesce thro' respect, in what con-
: scientl0usly believe to be pernicious error
nave therefore rejected rule offered tn me
by some of them for my conduct in the eser-
cises oil the duties ofmy station founded up
Oh precedent, which is at least not easily APP
PhcaDie TO executive proceedings, because the
; precedents preserved haveb been established by
D one of the disagreeing parties against the will
OF the other; and because the rule proposed
: would unavodably tend to the performance
OF acts Under the constitution and laws, which
would violate my conscientious Interpretation
of them.
nave complained of the understandable la
ttude OF construction given to the fifth section
I oil the law of the 18th Nov. 1922 und,.r which