Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1829-12-12
VIRGINIA CONVENTION.
N.oceedings q. r,enlen ilec s--Coaelg...t.

ans. insh tic tolnxns a,nc.ncu, in lieu ,l,r,co
eioired Ina, there Shall appointed Executive
c!nf twhn shall perform line les in all other
5ecs hold the relation the Governor pcscn,
the ad Councillor. shall elected by the Gencrai Assam
wy and shall coninue in Office three years, nay
-ic ted :, All occisiune by c2a,h
,rsna'on removal o' the Commonwealth othe:
tty. shall be supplied by the General ASSEMBLY
Two OF the SAT-! Council shall form quorum and
an e.uai division OF the Council Cover shall have
All, F,rznucn moved uncndlr, the proposition
Dir. UPsurn said the proposition had beea already
discussed Ills OBJECT simply ascertain whether
ptest Executive, cniued with different powers might not he
toney General and nf the heads cs r,eu re
1ne Treasurer be appointed as he is subject to the
c,,rou txeauiise The same apples i, tIc Auditor
Inc Executive Council wa, principle YOU to elect ,ein
As to the Treasurer, will you look his qualifications AS
wHh esect 10 all OTHER officers Besides, their attention was
esosssd at their peculiar Offices lie would uge
reasons farther On the economy what ill he ya,,e
must give them additional salaries The great object OF
Writing down the Executive Council was its eyuense We
inst have Lieutenant Governor We have no assurance
t1at tho Governor will continue health the lime he is
ecied So regards the Lieutenant Governor there is no
additional cost.
As 10 the two CouariIlors which the proposition
lie submitted proposed the expense was not great in
comparison of their advantage.
The advantages of such Executive are too stri-
King to require further illustration.
The plural Executive contains check ana control
within itself. Its conduct IS before the public and
Keeps journal subject to their inspection &c need
not repeat the arguments he had already offered.
Mr.. MERCER SAID he held unity necessary IN the
Executive.
Mr. LEror said the Governor can do no act with
ont the advice of the Council but he can refuse to do
what the Council advise,
Mr. ScoTT asked was it in order to offer an amend
usent.
The CHAM replied in the affirmative.
Mr. Scorr said. when he came here he was in ia
vor of abollshing the Council but the arguments he
heard, showed The necessity of some Council, altho
not of nivn n tha %,
vernon.
Mr.. RANDOLPH made few observations, and the
question on striking out was put aud negatived-
ayes AZ, noes IT.
Mr.. LEON said he did not believe the Committee
understood The question which had been taken.
Mr.. CLAYTon said the question distinctly IN
dcrstood by al"
MIR UPsHUn said he misunderstood the question, as
several other gentlemen with whom, he conversed.
lie hoped the question would be taken again. =.
The question was again put striking out the
third resolution, and carried the nirnative-
ayes At, as.
Fhe question being the proposition of Mr..
Upshur,
Mr.. ScorF said he wished tho Council to be q
Council of advice and not of controul, and no moved
TO strike The following words
no shall perform the same duties. and in all 9TH
respects held the relation to the Governor, as
the present Council IF Stale"
The motion was carried in the Affirmative
ayes 81.
Mr.. RAapoLpf said we know now VIVA, the duties
ofthe Executive Council are, bat according "a the
present proposition, we could not know until had
defined them. He was not for going for On gnotun,
per ignotitss.
Mr.. BRonsAx asked was not the present IN advi
sing Council.
Ir. Scorr said he could remove the difficulty
Of both gentlemen. In all except in his militia
ry character, he must consult his Council and
obliged to pursue their advice.
The Governor cannot perform any acts without
advising with his Council, and in relation to all sub
iects except those arising from his military situation.
hTr TO- zfr ttyn fA,
viz
ssTwo of the said Council shall form quorum and
in case of cqEal division of the Council, the Co.
vernon shall have the casting vote"
Carried in the affirmative.
Mr.. ScoTT moved the following amendment in ad-
dition to what remains of the proposition of Mr.. Up
shur:
s.Resolced, That the Governor, before he performs
any act in his official capacity, other than as Com
iUauder in Chief; take the advice of the Executive
Council thereon; but he shall be at liberty to adopt
or reject the same
MI CUES said the proposition restrained the Gov
crnor from performing my act without consulting
the Council. The Governor would be prevented
ffom authenticatirg any document by sgch provis-
ion. He agreed with the gentleman from Charlotte
(BIr. Randolph that some certainty should exist.
The Governor initiates every thing The Co
vernon may now refuse adopt he pleases.
These produce responsibility both Senate and
Governor
Mr. Scorr said be had been convinced Of some
OF the nc had aimed with respect to The
Executive Council. His object was to change
the Council from Of control TO one of advice.
Mr. LEiGu said The only objections he had ever
heard against the Council was thar IT was uselcss.
Only one objection has been made here, viz: os %
the abuse in the armourY; and that was met in
manner he would not repeat IF the Council is
useless, than the main proposition before US is make
it more useless, He referred TO the distinction be-
tween the acts upon which the Governor was obliged
to ask for advice and Those not and showed that it
would be utterly useless. The Executive Council,
he said, divides the patronage and there can be no
possible abuse of that power. The patronage Of the
Government is divided hat it cannot be abused.
Mr.. L. repeated the different arguments ne had
heretofore submitted, in support Of the Executive
Council. He referred to the proposition to form
different departments and to make Cabinet Coun-
Gil II was proposed to make a Secretary of State.
lie referred to The duties of Secretary of State in