Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1829-12-15

ton. In like incidental to the scheme was that
clause which proposed to confer tho Police CON-
msoners the powers Of justice Of the Peace. There
were many who could not cit the bench OF a court
who would be invaluable as Police Com mis- oners and
might svantas be clothed with jus,icia powers
The records he meant should be kept by the clerks OF
the county eoar but as the question res getting courts
yet unsettled, he had left the designation Of the
hcer tor this duty 20 the l. .Eisisture.
1t had been contended that the County Court Mags-
traes might very safely be entrusted with tho power OF
taxing their because they were them
selves included In the effect Of every tax they aid
This argument was more spesious that solid large
proportion OF those Justices, taken from the neigh
bourhood around the county seat This was certain
extent necessaryand convenient but to bring the
gument to bear, the Justices ought to be distributed
equally through the County: because they had the pow
Of expenditure well Of taxtion: and as matters
STOOD il frequently, nay very COMMONLY happened
that the public money was profdsely expended in the
vicinity OF the County seat and scarce at all in the more
remote portions OF tho County. This neglect grew,
natural consequence, out Of the in which the
magistrates were selected. He would distribute the
members Of the Board Of Police equally possible
through the County: and he thought they would be much
preferable trustees for the expenditure of the pub
lie funds than 80 40 Justices OF the peace-who might
so regulate the expenditure by directing in their
own neighhourhood, to than compensate them-
selves for their share Of thu levy.
He was told that though this plan might be very
good it might safely be committed to the Legislature
lay within their competence to introduce il any
time. True. But it had happened. hat though Il
was and had been within their power, now, for
fty-four years, they had done nothing of the kind
He presumed this was not without cause: and the
same cause was likely to produce the effect In
future tme IL had ddoe in times past He i'm
favour of leaving the highest tribunals in the land the
Legislative discretion, neither would he con6de in
terest which home to the business and bosos Of
all the People, to their sole will and pleasure There
was probability of abuse II that .sbily which
had convened the present Convention and which alone
rendered Constitution necessary valuable at ALL
While he willing trust the Legislature as far
as he believed they ought to be trusted yet he for
securing important and fundamental principles in the
ganic law. The argument he had mentioned, would be
sufficiently answered by turning it the other way. GEN
tleman said the Legislature kht choose 10 such
pan true: but they might also choose not TO enact
it, The number of justices in the State varied from
2S00 TO 3,40O-take the at about 5000. Here
was body OF men permanent in their office, Of great
influence in society, and who exercised a powerful
control in their own neghbourhonods The Influence
Of Legislative action would rarely encounter such
body Il would assail IL with small effect
Now, said Mr.. SUMMERS, ifthe People are 10 be
protected from JusciaI power at all il NUT be through
Conve nop-it will never be through the Legislature
1t is here they must look Tor aid or they may close
their eyes In despair OF IL.
Mr.. 8. in conclusion observed, that when he had
hrst offered this resouisn, he had done in strong
hope that the system, in its main features at least
might be adopted. But that hope had been dim
med and dainped, and was about expiring He had
heard principles advanced and sdvocaied here which
went lar to drive IL from his breast He found that the
people of Vrgnis, who elected those who made the
laws were held incompetent and unfit TO elect their
own Chief Magistrate who was to execute their laws
Tie found that every thing like confidence in the peo
pie was met with apprehensions of OF
caucusses-and dread Of tumult. The choice of their
Governor must spring from the Legislature; they alone
were tit TO make the selection, and it e and safe
that they should do il.
But, when il was proposed to le, the citizen, in
arms choose him who bear their standard in thu
field, then il wise or safe Then il wa. he
thatto allow suhalterns to choose their SUPERIOR TO
destroy subor,iinaton, and lead 10 eiectioneering
From these Developments Of sentiment he was led
lear thai there wa little probability plan could be
dopted which proposed to ask the People to elect Com
missioner in years In seven years the
case might be. IL would disturb their siumbers. For
hyfour years the justices of the place had held their
purse strings without rousing them TO ask their
consen,and so admirable, perfect spo,less had
been their adninistraioa of the peoples affairs,
that to ask them to elect their agents in their
wards would be an evil so huge TO surpass that of
choosing both their Governor and ensign.
The 2 81 and 4th Revolutions Of Mr.. SUMMrR's plan
were then read: (See above.)
Mr. POWELL, approving the residue OF the plan NOV
ed to amend il by striking out the word Resolved"
in the 4th Resoluono destroy it He preferred leaving
this subject to the Legislature if the whole scheme
was new: II might succeed, not il not il az tn
within reach Of remedy; but if introduced into the
Constitution must continue, be its evil effects what
they would, till another Convention was called.
Mr.. SUMMERS thought the omission of this part Of
the plan would be injury to it, hut still il might work
without it, Yet to meet the gentleman's views, he
suggested middle csurse let the Magistrates be
minated by the Boards OF Commissioners and lie, that
the nominations would undergo double filtration.
MIR. POWELL thought that all the objections which
applied TO nominations by the county courts, applied
equally to this scheme.
Mr.. SUMMERS said, that these Commis soners .itu-
ated at remote extremites of the county, were lees
likely to combine TO promote family interests and pollt
cal feuds.
The question being taken on striking out it was car
ried-ayes 40, noes 81
MIR. JOHNSON, to test the sense OF the Committee
moved to strike the word Resolved" from the first
resolution, Ohereby rejecting the entire scheme and
the question being taken,jt was carried--ayes 81
Mr.. POWELL moved that the Committee now rise,
and report its proceedings TO the House.
(ihis motion gave rise to long, and by far the most
desultory debate, which has yet occurred in the
tee but which, turning mainly principles of order
II IL unnecessary 10 present to the Publicly
Messrs p. p. Barbour, Scott, Powell Mercer John
son, Fizhugh. Leigh. Summers, Stansrd Upshur, and
Gordon, severally took the floor.
The main principle involved, was whether, after a
proposition had been voted by majority of the com
mittee and an amendment appended to il by different
majority any question necessary in committee of
the whole, on the two united together
Mr.. MERCER, believing there was m ajority OF the
committee opposed to the proposition of Mr. Con DO v
(Which distributes according TO certain numbers the
representation in the Legislature among the tour great
divisions OF the State) with part Of Mr.. UPsHuR's an.
PENDED to II (Which provides plan for future appor-
tionmenD pressed havea question taken on the tohoe
together.
This was opposed as being not in order in Committee
OF the Whole being useless so that il mig bt az
be taken in the House.
The question being taken rising and reporting
10 was Deggtived.
Ayes 4l-Noes At.
The debate then renewed, but ended in mo.
ton by MIR. Mercer that the committee do now rise
which was agreed TO-
u rose accordingly, anil hereupon tie House adj