Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1829-02-03

of one person being nominated to higher office than
no then held, and some other person in the
sage, being nominated his successor, preceded his
nomination ratified
In $780, Gov Scott nominated Judge Boyle as
Chief Justice The then judao) and in the same
message, James Clarke as his successor; and the
proceeding at tlAt time, produced no comment or
disapprobation.
Fror, the Kentvcty Commentator
Nomination Of Chi.fJu''iee and Judge Of the Court
Of .ppeo The governor tied the following mes.
sage to the Senate, on the 18th inst.
GENrLEMEN OF THE SENATE,
~ nominate Tor your advice
and consent George Robertson, senior Judge of
thu Court OF Appeals oil this Commonwealth, az Chief
Justice of said Cour. And in the Of appova
nominate Richard a. Buekncr, Esq. Judge OF saiu Court
The Senate took these nominations, on Friday tho
l6h when some debate took place. by Mr. Davies in on
position to. and Mr. wics'aa in favor Of the appoinsent
Of Judge Robertson be Chief Justice Ate, which the
vote was taken, aud decided in the negafirr The veto
stood thus:-
ANS. Messr. Cunningham, Faulkner, Fleming. Gar.
70 rd u 'oson j. Green, w. Green, Hickman, McConuel
Mcmillan, Mnldrow Summers. Taylor, Townsend White
wickffr Williams, Uoods-l8
MATS. Messrs. Allen. Barrett, Csrneal, Co:ke,ll.
Davies, Fulton, Given, Griffin Hardin Harris, Hughes,
isupin, Pope, Ray. Rodman, sslby, Ean winga,s
| Wood-i9
Mr. Hardin then ofer red the following preamble and
| resolution:-
rhe Senate views with feelings deep regret the mnh-
ner in winch the governor has i",maIed Senate
that he would recommend for their advice aud APPROVAL
Richard A. BucknrI, second Judge of the Court OF
pea, provided the Senate would advise approve of
George Rohertson Chief Justice. Such coniiuuni-
cation was highly improper and very unadvisedy DONE.
Therefore, he ii resolved 10y the Senate that there
onN ecund or third Judge of ,i,.
Court of ppeais."
This resolution having been read, MIR J. Green moved
~ lay upon tie table, aud the question being taken upon
that motion it was decided in the negative by he casiisr
The he yDtea
AYES Messrs. Cunningham, Faulkner, Fleming, G ar
raTd, Gibson. Green, " Green, Hickman, Mcconnell,
Mcmillan, Nuldrow, Summers, Taylor, Townsend, White
IFickiif,, U1llismy, Wood-lS.
NAYS Messrs. Allen, Barrett Carnral Cockcriii, pa-
vies', Given, Griffin, Hardin. Harris Hughes MsupSn,
Pope, Ray, Rodman, Seby, pali, IPiuga,e, Uood-i8.
Mr.. Fulton. at his request, was excused ftow voting
division Of the question being called for separate vots,
taken upon the preamble aud upon the resolutop
III, preamble was agreed to 9y IN. costing roe OF The
Speaker, upon the division upon the QUESTION 81
laying upon the table; aud the scsolunn adopted
with two dssrn'ins voices-Messs Summers aud flick.
% Saturday morning the Governor transmitted the fol-
lowing communication TO the Seuate:-
! GENTLEMEN OF THE SENATE,
have seen With feeling. or
"deep regret" and surprise, Preamble and Resolution
which understand have been adoprrd Yesterday by
the casting Of the It. Governor, in relation 10 the
tons which had made OF Gerrge Robartson as
Chief Justice Of this eaith and the event Of
his approval, Of Richard A. Buckner, Esq Judge of
said Court regret the error in point Of fact which Ia
copa ned ia the OF the Senate: aud upon which
their opinion OF tue propriey Of previous communities
ton appears have been pIedic And surprised
at the resolve al the Senate "hat ,heGe vaeaney in
the Office Of either second third Judge Of Court of
Appeals; for did not suppose the Senate could for mo.
meut imagine that the executive held opinion
than that which is contained in the resuluom-certanly
after the rejection Of Mr. Robertson Chief Justice
did not nominate MIR. Buckner the Senate "serond
judge Of the Court Of Appeals in the Dir. Rob-
erons approval, asserted in the Srnates preamble.
knew that had mot the power do So; aud il had the
power should not have done It, Bot that matter IL
settled by the do which gr,s rdk the associate lodges
according 20 the dates OF their respective In
calling the attention OF the Senate To this subject design
to afford 4" that body an opportunity if they think proper,
at contrasting what did say, IN my commune atom vim
what their preamble makes say; without making
single suggestion any thing fser parts in
reation myself Discainug any 10 tho nomi-
nations made of NessTs. Robe'tsnn ard Buokher other
than that by which have governed in tia practice Of
almost every day in nominating ohrr officers n like man
ner, and which is Certainly without preesden, of
high authority III the executive this govern
ment and persuaded thar afford Senate SINGER,
pleasure to- be convinced Of their part uo.t
certainly unntentonal, which had bren the Of
such unwarranaho senshility, have been induced re-
spectully to make this coinmU MICS alton:
THOMAS METCALFE