Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1829-12-12

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come universal thar the Constitution of the u. States
ought to be altered in that respect All the
favour OF such alteration, apply in opposition to the cleo
non OF The Governor by the Legislature. The last ae
ration which Il proposed by the substitute, and 10 which
shall invite the attention Of the tire
Ter rom the Iegsa'ure tho appointment Of certain
me1sed oihcers TO the Governor, by and with advice
aud consent Of the Senate. In ve.ne tbi. power in
the Governor the Senate, have not be TO
e evi! consequences OF giving large patronage to the
executive, and have attempted to guard agauat them
onr experience under the government Of the u States
while has evnced the evils Of giving unlimited
age to the Executive. certainly furnshe, no srrur.nt
10 shew That the Executive ought 10 have no
or that patronage may be safely coniided 10 the Lee
g's'aiive department. beg gentlemen to look TO the
particular character OF the several officers. whose APP
Pon'menti propose to give TO the Governor and enae
and beg them, 10 ask themselves n in the nature OF
thl's', there 10 any ground to fear the use of this
patronage for sinister purposes. He 10 nominate md
by and with the advice of the Senate to appoint the
judge; .the militia officers over the rank of Colonel
the Treaurer. Auditor Of Public Accounts ystcr Of
tho Land Office, and the Attorney General and no o.
theirs. The number of the Judges is small and ,hev
are dispersed over wide surface OF country. Their
character. their habits. their tenure Of Office their entire
independence. oil preclude the idea ofer
from this source OF patronage The militia officers
The rank OF Colonel are alone 10 be appointed by the
Executive and the Senate. Can gentlemen seriously
apprehend danger from this source Of patronage. will
not delay the committee by combating so idle and vi
''onary fear There Is one idea however, connected
with this branch oil the subject, which feel bound TO
suggest 1.-THE militia TO be effe ctnaly emuioy ed
II such occasion should occur the Governor 1,
and ought to be held responsible for all results Com
rnander-in- Chief AMI common Justice would demand
That he ought TO have the selection Of his agents i'm the
discharge Of his important duties There are many and
strong con'idcra'ions that might be urged against de-
posting the appointing power in the Legislative de.
Parment ltis the most expensive of eve.
~ government-I 10 tho most encroaching department
There am irresistible propensity in the popular branch
OF every republican Mt draw toitse much
power "a po'sble-snd above all, if they discharge
faithfully their Legislative du,ies-ihcy have no time
to devote to other and different duties The experience
oil every gentleman must have Statistic him. that there ~
great waste OF the public money in the exercise OF the
appointing power by the Legislature Of Virginia Even
in the appointment Of Councillor Of State we have
with ssed two days OF the time Of the lie slsre
expended al the rate OF thousand twelve hundred
dollars per day; and the remark is apple able 10
greater or less extent in all elections by the Legi,-
isture.
have thus briefly explained. Mr.. Chairman. tho
provisions OF the substitute intended 10 vary the existing
Executive system might debate upon these several
subjects, but forbear-our time il too precious and
the questions have incidentally been often discussed in
the progress OF our debates will appeal in con.
c'uson 10 honorable gentlemen who have INDUCED so
freely in denuoca'ions Of this echrme, tending to
erect splendid Executive-as calculated TO infuse into
he Constitution monarchical PRINCIPLES, point their
hngcr to single FEATURE calculated to suppoIt these
iinputaton,. leave my scheme 10 its fate-sat,hed
whatever that fate may be, shall in wise be res.
ponsibe.
sKETcH OF THE PnocEEDINcs CONVENTION
WEDNESDAY, Dec g.
The Convention met at IL o'clock and was opened
Church. rr
In consequence Of the indispo,ition of Mr.. MONROE
MI T.. r. BARBOUR was appointed President of the
Convention pro. tenn.
The House then went into committee Of the whole,
Mr. Gordon Of Albemarle in the Chair; and proceeded
again to consider the Sd resolution of the Executive
Committee, which il Ia the following words: Rr,oir-
ed That the Executive Council at present or ganiz
ed ought to be abol.hed. and that il Is to
provide any other Executive Council"-together with
an amendment moved thereto by Mr.. FIrzHUGH and
adopted and the question being on the following sub
su,ute Tor The whole, moved by Mr.. UPsIIUR:
Resoired, That there shall be appointed an Exec
uiive Council! or Council of State Consisting of Lien.
tenant Governor, and two Councillors Gwho shall per.
form the same duties and in all other respects hold the
same relation to the Governor the present Council
Of State.
This said Councillors shall be siected by the Cen
era' Assembly, and shall continue in Office three years.
bat may be reelected from term 10 term All
occasoned by death. resignation. removal from the
commonwealth or other disability, shall be supplied by
the General Assembly.
1.-Two Of the said Council shalt form a quorum, and
in case OF an equal division Of the Council, the Cover
nor shall have the casting vote
MIR. ScoTT moved to amend i BY substituting there
Tor the foiiowing(being moiihc alton Of which he had
offered yesterday viz:
An Executive Council consisting of three Members
snaii nc chosen by OF hoh Houses Of Assembly
TO remain in Office for three years Thay shall annm-
any choose out oil th"ir own members President who
IN case OF DEATH inability, or necessary absence OF the
Governor from the Government, shall act Governor
Their proceeding shall he entered Of record and signed
by the members present Ito any part whereof any
Der may enter his dssen and laid before the General
Assembly when called for by them. This Coun
ell may appoint their Clerk, who shall have
salary settled by law and take oath Of secrecy O,
such matters az he shall be directed by the hoard 10
command At the end Of ono year after their first IN
Pontnent enc councillor 10 be designated lot shall 20
out OF Offices aud the vacancy shall be supplied by M W
Election. Al the end OF the year another Council Her
TO be designated in Ike manner shall 20 out Of Office
aud the vacancy be supplied by new election: and
ts rotation shall he continued In due order annusIy
The Executive Council shall stand in the same rel,
ton to the Governor the P,ivy Council or Coune
OF State under the existing Constitution. except that
shalt advise merely, and not control him"
MIR UPsHJR opposed the mendment OF Mr. Scott
as being incl efficient, and than useless The Gov.
erDor was neither to be bound to ask the advice of hi,
Council, nor when obtained TO follow it. They could
be only spies upon his movements His responsibility
would not be altered-beesuse when he supposed hi,
Council would be oppo,ed TO him. he had only 10 alb.
stain from asking their advice. Blu, s1pposins him
Obliged to ask their advice, IL would hamper him in
small matters OF form and detail willis IL was no che
IN matters OF real importance; such Council would be
an absolute nuisance.
MIR. LEIGH took the floor, and in speech oil
more than hour, into last defence Of the ex-
isnR Executive Council insisting more at large on
The ground he had several times taken before and the
subance OF which has been repeatedly reported. lie
explained the difference between state Ex ecutive and
that Of the Federal Governments the one being intend.
ed only for domestic, the other Tor foreign affairs He
denied the propiety Of 80 constituting the Executive
Of Virginia, ~ have any prospective view TO dis.
rupiion Of the Union, (Which had been suggested by
Mr.. PowelI)
All that wanting for this state was an officer Il
execute the laws Of the Common wealtband with row
polishing form Of the Executive, which had long pro
duced such happy results. He denied that the princi
pie Isid down 10 the Bill Of Rights int nded any NOR,
than that the sane fuucflonsfes who exercied The Ex
/ era The tss.. ~.