Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1829-12-25
gious society, or The people of any district within ,h,

peases his instructor and to make for his sup
port, such private contract he plesses Provided
u however, that the foregoing clauses shall not be SC
construed, as to permit any minister Of the gospel or
priest oil any denominations TO be eligible 10 either House
OF the General Assembly"
The question was taken the lat paragraph and de-
cldei undntmousiyin the Affirmative (Aud il was so re.
corded)
The question being then put on the 2nd Paragraph,
Mr, HENDERSON moved to strike out the Provso,
religion TO the Legislaure.)
Mr. H. put his motion the ground of principle.
was conviction OF his mind which he could not
yieid even 10 the view, Of his constituents He
sidered such exclusion directly with the princ-
pies laid down in Oh previous part OF the resolution.
Mr.. CLoProN demanded the yeas and nays: which
were ordered.
Mr.. GILES in short spe ech pressed those two
points, that ministers taken from among the peo-
pie by the possession Of two important privileges lst
the license TO preach, and 3D. the exemption from mill
tary duty. This made them pc uliar and pryile gel
ofucr IL those privileges were taken away, il might
be more fair TO admit them political prvil eyes tho
on that point he gave opinion
MIR. CAMPBELL Of Brooke, suggested that these OBJ
!ecuons applied with equal force 10 Justices Of the
Peace; and no body contended for excluding thetn.
The question was then taken by yeas and nays as
follows
AYES-Messrs Clopton, Madison. Mercer, Hender.
son. Cooke, Donaldson, Pendleton, Summers See, Dod
dndge Morgan Campbell of Brooke, Clayton Saunders
Id
NOES-Messrs. Barbour, PresdenO Jones, Leigh
Dromgooe. Alexander, Goode, Marshall Tyler, Ncho.
las Anderson, Coifnan, Harrison, Williamson Baldwin,
Johnson, M'Coy, Moore Beirnc, Smith, Miller Baxter
Mason OF s., Irezvant, Claiborne, Urquhart Randolph,
Leigh OF Halifax, Logan Venabe, Stanard, Holladay
fitzhugh Osborne, Griggs Mason of Frederick Naylor
Boyd, George NJ MILAN, Campbell of Washington By
airs, Roane, Taylor of c., Norris Garne Cloyd Chap
man, Mathews oglesby, Duncan, Laidley: WILSON,
Loyal Prentis Grigsby, Campbell of Bedford Branch
Iownes, Cabell, Martin, Stuart, Peasants Gordon
thompson, Massie, Bates Neale Rose, Coaer, Joynes
| Bayly, Upshur and Pcrrin-Sl
So the Convention refused strike out the Proviso
which excludes Ministers of religion from the Assem-.
| bly,
The last paragraph of the resolution sgresd to
without debate.
| The 10Th and llh Resolutions were then agreed to
| as follows:
"Resoped, That bill of attainder or er-post fac.
10 law or law imparng the obligation OF contracts,
ought 10 he passed
/" RssoiUed. That private property ought not 10 be
taken for publ uses without just compensation"
The l2ih resolution being read follows:
Resolced, That the members of the Legislature
shall receive for their services, compen saon TO be as
certained by law and paid out of the public treasury
but no law increasing the compensation OF members of
the Legislature, shall take effect until the end of the
next annual session after the said law may have been
| enacted"
Mr.. CLAYroR moved to amend it by striking out
the word :" end, aud inserting the word commence
meni. But on suggestion by Mr.. CoALTER that
the object was to prevent the Legislature from being
under tho bias OF an increased salary when they gave
their vote,
He Withdrew his amendment, and the resolution was
| ag reed to-
The 18th and last resolution was then read as FOL-
| lows:
Resered, That no Senator or Delegate shall. d,-
ing the term for which he shall have been elected
be appointed TO any civil office OF profit under this
State, which shall have been created. or the emoiu-
menis oil which shall have been increased during such
term except such Offices may be filed by elections
by the people"
The House agreed to the resolution, and thus COM
pie'ed lis action on the report Of the Legislative Com
inittee
| Mr. SCOTT now moved the following
" Reso!ped, That no member OF the Legislature, sha u
during the period for which he shall have been elected
be appointed to any Office the appointment 10 which is
make BY The Legislature"
| Mr.. MORGAN said he was opposed 10 the amendment,
OF The gentleman (Nir ScoTT0 because he believe ito
obvious tendency woulG be injurious. II the assem-
hlv be prohibited from appointing its members to
efhce in all cases, or, in other words, if the member.
shall b. rendered incapable Of being appointed thew
will be Induced by law TO give the appointment to The
Governor, OF all the great officers of State whose APP
poin'men ts shall not be fixed in the Constitution This
would very much increase the Executive power, and
from hope Of office. directly tend to make the mem
bcrs OF assembly subseryient TO the Governor which
ought to be avoided H. thought the mower Of appoint
ment much safer in the hands Of the assembly than Of
the Executive.
Mr.. SUMMERS was opposed 10 the Resolution and
asked Tor the yeas and nays
Mr.. LEIGH suggested two objections 10 the mea-
sure; II would keep all persons Ambitious Of the leading
Offices OF the State from entering the Legislature al al
and would injuriousy the ground of choice
| TO I'll them
i Mr.. Scorr did not admit the force Of these obec.
tons He thought the Legislature was in general the
road TO political honors, and that nothing would deter
ambitious men from entering ii.Though the latter OBJ
lection might be true in theory, yet in practice he
thought the rule would work the other way
| Mr. BAYLY opposed the Resolution. he sail he
was disposed restrict the General Assembly in am,
manner, so az 10 prevent them from filling the civil or
military Offices Of the State, by the appointment of the
most capable men. II, however, no man was 10 rs.
eeye an appointment 10 office, during the period
he should be elected Legislator, such restriction
might induce citizens well qualified TO lie cho-
sen 10 make laws from, accepting a seat In the
House OF Delegates, Senate For aiiho' HONORABLE
men VIII not often seek Office, yet II ought not TO be
expected that they should be willing to dsqnslfy them.
selves from holding Offices Of honor trust, or profit for
no Diner reason than that The people, without socis
uon, should honor them with their confidence to be
member Of the General Assembly and that they should
accept and aid in making laws. BY the institutions OF
Maryland, the Senate is elected by electors for FIVE
years, and during that period they cannot receive any
other appointment under the State; the consequences IT,
hatresgnaOns often take place, aud one third or one.
halt Of the Senate have been elected by the cleo.
tors Of The people; 'o ~ vacancies in that body arc lled
by The senators themselves He had often heard the
clusion Of the from office during the period of
their election complained ofn Maryland, and be did not
wish TO see such restriction introduced in the Consu-
| ton OF Virginia.
The question being taken by yeas and nays, the Re.
solution was rejected as follows:
| AYES-Messrs. Barbour (PrcsdenO Moore Biernc
Madison, Stanard Mercer, Henderson, Cooke, Pendle-
ton, Duncan, Scott Macrae, Tazewell, Resell.
NOES Messrs. Jones, Leigh Of Ch Taylor Of CHI.
Giles, Brodnax, Dromgoole, Alexander, Goode, Mar
shall Tyler Nicholas, Clopon, Anderson Cofman, Har-
rison, Williamson, Baldwin Johnson M'Cov Smith Mil.