Martinsburg gazette and public advertiser. [volume] (Martinsburg, Va. [W. Va.]) 1826-1833, 1829-10-29


He knew hcssisl mo mode ofasceFtssning the
moral condition Of nations bat oiae. and that
was fhroush the assistance Of thc penacnti11y
systcial The pcnitcHtiary of Virginia con
tained 40 convicts, she houses az corrections
~ New York. lJO0-that is about 8 fiines as
many as Virginia, making allowance for the
difference Of population. T1is was ascriba-
HE 10 fhc erteissio's q ss.6sngc "a New York.
That and That only. accounted for the differ
cncc in favor ofNirginial
fits sample Iuay give some idea Of MIR
Giles ytas,-ulr. The facts that the State OF
New York, contains arity Of I60 900 inhabi-
ianls-tllat the refugees of justice from all
co,ln.fies, land there-that great cities are al
1rays the nurseries Of crime and immortality
and that a large proportion OF these conviets
20 from the city Of New york--all these STIR
king considerations were overlooked, in bis
Excellency's zeal 10 question the capacity OF
1he pcoplc TO choose their rulers. II issfrange
enough, how closely certain persons run up
on de heels Of .Aristocraey IN the impractjca
bic attempt 10 defend the oil Afistocratic
Constitution Of virginia. But in Mr.. Giles
aricnt preference of the present mode Of eiec-
tias the Governor, we recognize the fulfil
ment of an old injunction, Ito praise the
bridge fiat carried YOU over safe" lie can
moi but feel preference for fhnt mode, with
Out which. he himself had remained in fhe en-
jotrnent Of philosophical leisure, at the Wig
wan
The Committee is supposed to be divided
IL and II on The question Of choosing the
Governor by the people--scyeral tttstout
znenlbers voting in favor OF LEGISLATIVE cleo
tion-and tlnis the proposition may not be
reported as eligible, to the Convention.
The conmii.cc have adopted IA to 8; MIR.
Claytors resolution, THAT the commissioned
officers OF militia compauues, be nominated to
the Executive, by majority of their respec-
tive companies
In the Judiciary Committee on Saturday,
ahe fourth resolution OF tue series introduced
by Judge Marshall, WAS taken up on the as
sembly nf the Committee.
The 4th resolution READS as follows
~'Resotred, That on tns. eroatias oi any new
county, justices of the peace shall he appon-
ted. in the iirst instance, Is Nay &c prcscllz
bed by law. When vacancies shaii occur III
any county, or it shall for any cause be deem
ed necessary TO increase their naInber, APP
pointinents shall be made by the Governor by
ami with the advice ana consent oil the Senate,
ON the recommendation OF Tier respective
county courts"
ads GtsnpbeH. of Ohio, moved to strike out
the whole Of this resolution, and to substitute
the following
'ssResotced, That the counties, cities, and
boroughs shall be divided into wards for the
appornonment of justices of the peace,
amongst tie people; and the persons authorl
zed 10 vote for members OF the General AS
senbiy in each ward shall elect the justices
OF the peace therein, who snail be commission
cd to continue IN office for the term OF Years,
t,t Coz,
other high crime or misdemeanor, by indict-
raent or information, In any court-holding ju-
risdiction thereof.
i" Rcsohed, That constables shall in Ike
manner, be elected annually in said wards"
0n motion by Mr. StGn@d, the question was
divided, and being taken ON the motion to
strike out, the Committee decided in the ne
satigc---Ayes 8, Noes IL.
The fifth resolution was then taken up for
consideration, as follows:
a Resotped, That tie clerks Of the county
courts shall hold their offices during good be
haviour, TO be adiudged OF in any superior
court of common law, whose jurisdiction may
extend over the county,
Mr.. .afesEa;s moved to strike out the above
resolution, and to substitute the following:
s'Resotred, That The clerks of the several
courts shall hold their offices for the term oil
49, years, ii SO long they shots,d be OF good
behaviour, TO be adjudgcd OF in such court or
courts, as may be fixed by law--but the Office
OF each of the Clerks now iii office shall be
vacated at the first term of their respective
courts to be held under this constitution, and
each court shall at such term proceed TO the
election OF lis clerks for the above term oil
years, but the former Clerk shall be eligible
to snch elecsio and in al cases of the cxpi-
ration OF the Office, the same Clerk may be
again elected"
The question on this resolution having been
divided. ii was first taken on So much OF the
resolution refers to the tsnnre of Office,
down to the fixed by law" and deciucd in The
negatve.-Ayes s.
Mr. Scott then moved to amend the resolu-
ton, by striking out ali after the wofd That y
and inserting the following words
f'lhe clerks of the several courts shall be
appointed by their respective courts, ana
their tenure of Office be prescribed by law.
! This proposition TO amend was then ceci-
died in the affirmative.
Mr.. .He,ntis then moved the second branch
OF his substitute, as an addition to the amend
ment just adopted, and modified so as TO read
as follows:
''But the office ofeach of the Clerks now in
oihce shall be vacated at the first term of the
respective courts TO be held under this con
shtuiion; and each court may at such term,
or at any subsequent term, proc ed to the cleo
ton of its Clerk"
The question was then taken and this pro-
position was decided IN the neganve-Ayes
8, Noes IS.
Mr.. Taylor, of Norfolk, then moved 10