Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1829-12-11


considered.
"Re,oyoed. That on the creation Of any new couu-
~, Justices OF the peace shall be appointed in the
first instances as may be prescribed by law. When va
cancles shall occur IN amy county, or it shall, for any
cause, be deemed necessary to increase their number.
appointments shall b. made by the Governor, by and
with the advice and consent of the Senate on the
recommendation Of their respective county courts.
Mr.. CAMnEIL proposed the following amendment,
as a substitute for the 5th resolution.
ResotDed, That the counties, cities and boroughs
shall be- divided into wards for the apportionment of
: justices of the peace among the people; and the per-
Sons authorized to vote for members of the General
Assembly in each ward shall elect the justices Of the
peace therein, who shall be continued in Office for the
term Of years, but removable for any bribery,
corruption, or other high crime or misdemeanor, BY
diction thereof.
?. Resoired, That the constables shall IN like man-
ner be elected annually in said wards.
MIR. LEIGH enquired whether that proposition was
not before decided upon.
Mr.. FIrEuUGH said it was rejected, but. i, might
be offered as O substitute.
Dir. CAMPBELL said II was not submitted in proper
TORN to the Committee at any time. He stated his
indrtference IN deciding on the resolution till the Sa-
Sis oil representation is settled.
Abe amendment was neCaiived.
Dir. CLAYroR proposed 10 amend by striking out
the following clause, when vacancies shall occur
IN any county, or 1t shall, for any cause, be deemed
necessary to increase their number, appointments
shall be made by the Governor, by and wth the ad
vice and consent of the Senate, on the recomrnenda-
ton oftheir respective County Courts"
Mr.. LEuGH said, this was a proposition to leave
me appointment OF the most important officers to the
discretion Of the Legislature.
Mr.. CLArroR replied IN the affirmative and pro-
cceded to make some remarks, of which we could not
Reara word.
Mr.. FrrEHUeH would vote to strike out the las,
clause, but not to fill up with the proposition OF Mr.
tCiaytor. He was opposed to the present mode OF e.
lectiug. He hoped a better mode would be devised.
MIR. LEIGH said, he d~espaired of devising a better
mode The question now IL, Will YOU leave the ap-
pointing power 10 a future legislature or not. There
would be no necessity for striking out this clause.
The question on striking out was carried IN the ne
Gatlve, ayes IL, noes 10.
Dir. MARSHALL said, that the vote which has
been given manlfests the preference of the Commit
tee for filling up vacancies from nominations made by
Cue County Counts.
1t appeared to him better to make the Senate and
Executive act upon the vhele nomination of the
County Courts. The Magistrates being dispersed
over the country, were better adapted to furnish pro
per nominations or instructions 20 the Executive
Suppose the Executive retains some and rejects o.
Their OF the nominations. II was impossible that
his knowledge would enable him TO select those most
competent and who were nominated to him. He
must have some information, and from whom can he
better receive 1t than the Magistrates There NAV
DC some exception TO a particular individual; in that
case, let the nomination 60 back 10 the County
Courts. This is better than any other mode; unless
gentlemen prefer elections by the people. That
question was not now before us. The Senate must
receive ls information from the member who rep re-
ecnts the district i'll the Senate. The Senate must
have information, and who can they derive It from
but the member: Considerations may influence that
member which would not influence the Nepistratas
ofthe County Courts.
He proposed to amend the 5tb resolution by insert
ing the olIowlng:-"but the whole number recon-
mended at any time shall be appointed or rejected"
MIR. LEIGH made some observations in opposition
z n IN QrNnnHpnnnf on1 nA.rA m l~--tL - Il d.
convenlences which would result in the details, for
the adoption of the mode proposed. lie preferred I
che present plan. I
Mr.. CAMPBELL. said the amendment proposed by
Dir MARSHALL, and the remarks of the gentleman
from Chesterfield convinced him that the Senate and
Executive should have nothing to do with the matter. |
Hr. Cries doubted the ~propriety Of adopting the a.
nendnent of the gentleman from Richmond, (AIr.
MARsHALL.) He said the County Courts in general,
well, and for the very reason stated by
MIR. MARSHALL that they had the best information
on the matter. The proposition will have a material
bearing on the Executive, not as regards principle but
practise. He commended the present system. He
Vas inclined to vote for the proposition to make il i'm
PeratlVe on the Executive to nominate or reject the
whole.
he expressed hs concurrence in the sentiment of
MIR. MARSHALL that the Magistrates could furnish
che best IntormGtion-they had the best means of pro-
curing it.
He said that the majority Of the Council differed
With him IN politics yet he never found any inconve-
nicnce arising from it.
MIR. MARSHALL wished the gentleman had moved
20 strike out the woads by and with the advice and
consent ofthe Senate If he had any doubts upon
It, the arguments urged, convinced him of the impro-
priety oft. He wished to withdraw his former a.
m%endment, and to strike out the words referred to.
Mr. CoatrER suggested to Mr.. MARSHALL to strike
ont only N word "Senat9," so that it may read 'by
end with the advice and consct of" and that If
an advisory Council be established it may be inserted
IN tie blank.
The motion 10 strike out as Mr.. ". proposed, was
Carried in the affirmative.
MIR. MAcRAE approved Of giving 70 the Governor
more extensive negative power, over tho ecomnen-
dation ofthe County Courts lie moved the following
amendment; provided however, that ifany person so
recommended TO ill any su h vacancy or new ap.
Pointment' shall be disaPProycd by the Governor
ench person shall not be again recommended 10 fill
the same vacancy or new appointment.
Mt: MARSHAL said this proviso would ~disqualify O
nan forever, for the most trivial accusation
Mt MAoRAE explained, that his intention was no, IN die.
qualify them forever.
TIA AAAaH-- - -