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

insisted the necessity Of knowledge to suitable
exercise Of the right Of election. This the People
could get to the whole necessary Tor proper SCI
lection OF their representavesbu not to fit them
select such officers their Judges and Governors The
moment you placed them TO act in matter be You'd
their sphere they must OF necessity depend for kuGw
edge OH somebody else; and that moment they weie
thrown into the hands Of eeconeerers. regular tho
rough going electionc crs; and C all the banel spr
its which coul nfest the community the spirit Of cleo
tionecting was the very worst
MIR. G. then went into detailed description Of the
manner in which elections conducted in the III ,use
OF Delegates and contended that what called "cg
rolling was, in most cases, hut free inter Of
opinions with view TO en'igh led aud united action
He insisted that instead Of throwing all elections into
the hands OF the People and all the patronage of the
Government into the hands OF the Governor, let the
election be fairly conducted by the Legislature and
their responsibility TO the People would be enhanced
and not diminished.
BY Keeping the resolution in its present form, Mr.
msns in his behalf.
As TO the greater numbers Of the Fl. Of Delegates,
the two Houses were amag amated into body for
the purpose OF the election-they acted as individuals,
not as chambers. The amendment would cause them
10 vote as two chambers, and IL they disagreed the
power would be welded by the umpire between them
The question being taken on striking out the word
a." concurrent" IL was carried
| (Mr. MADISON and Mr.. Marshall, no)
The question being then on inserting the word
joint.
Mr. MERCER wished to deter it until the number
and constitution Of the Senate should be settled.
Mr. MASON thought, after the last vote that the no
cessty OF the whole resolution done away with
After some farther conversation between Mes.rs
NERO tR, MASON and CoALTER. the question la
ken and decided in the affirmative.
So the committee inserted the word joint deci
ding that the election Of Judges shall be by Joint vote
OF both Houses OF the Legislature.
On motion Of Mr.. WILSON the following part of the
resolution was then striker out:
"E'ch House voting separately, and having mega
tive On the other and the members thereof, voting III
pa poce. The votes OF the members shall be entered
on the Journals Of their respective Houses. Should the
two Houses i'm any fail 10 in the election
Vntr. .t,ri, tl,as
eide the election by appointing one OF tho two persons,
who first received majority of in the Houses in
which they were respectively voted for"
The committee proceeded TO consider the 4lh
| solution, which IL in these words:
| " Resolued, That the Judges of the court of Ap.
peals and OF the Inferior Courts shall receive ed and
adequate salaries, which shall be diminished during
their continuance in Office
On motion OF Mr.. FIrzuUcH it was amended by
inserting, after the words " Inferior Courts" these
words Except Justices Of the County Courts and the
aldermen or other magistrates of Corporation Courts
The committee next took up The 9th resolution, which
re ads as follows:
| "Resolpsd, That on The creation Of any county,
Justices OF the Peace shall be appointed in the first
sanc~, as may be prescribed by law. When vacancies
shall occur in county, shall, for any cause he
deemed necessary 10 increase their number, appoint
ments shall be made by the Governor by and with the
advice and consent Of the Senate, re co mn nda
ton of their respectise County Courts"
Mr. Campbell Of Brooke moved his substitute for the
9th resolution prescribing the mode of appointing the
magistrates of county courts.
After some alton between Messrs. CAMPBELL
and LEIGH the substitute was rejected. Ayesl9
III" u-stion recurring on the original resolution,
Mr.. CLAYToR moved TO amend il by striking out all
the latter clause viz appointments shall he made. &c.
Qo the end) with view submit mendm cut Civ
ing The ling OF vacancies TO The Legislature. H.
was unable from ndisposon to So into a discussion Of
his reasons:
Mr.. FIrzHUGH should vote for striking out, but,
reserved himself filling the vacancy.
Alter some conversation between him and Mr.
| LEIGH,
The question was taken on striking out and rejected,
Ayes 44-Noes IS.
| (Mr. MADISON and Mr. MARSHALL no)
Mr.. MARSHALL said, that the fate of the motion
Just made showed il to be very decidedly the sense OF
the Committee that vacancies in the number OF Justices
were TO he filled by the Executive, on the recommep
dauon oil the County Courts: but this of appoint
ment could be preserved in its purity and perfection
ly, by requiring the Executive in nominating and the
Senate in deciding his nomination, to act on all the
recommendations OF county court taken a whole.
u this were not required, the Governor might select
one, or two or more, fthe names nded, get
these persons appointed, and commissioned, and thus
very materially change the character Of the which
made the recommendations; and effect the same thing
as by the original power Of appointment, without any
commentator by the county court. BY requiring him
u, ."ke .he whole, :, any; yoH retain, said Mr. NJ
pointed, and thus give full effect to their nomin ton
| III the Executive needs, as is conceded, to be in .
'ructed az TO who proper candidates he nominal
ana VINO not, from whom is he TO ask that instruction
rather than from the county Magistrates them
.eIves! They dispersed through the country they
know when vacancies occur and ia know better IN
any one else who TT persons to fill them To whom
shall the Governor appeal rather than to them. IL The
nomination is to be made by the Executive, all must
agree there is no OF information valuable TO
him. or which can furnish such and certain in
tellgence.
Suppo'e il left in the choice of the Executive 10
ieaVe out some oil The persons recommended TO him,
and 10 retain others ow ia he TO learn whom 10 admit
and whom TO refuse' All gentlemen feel that is impos-
sble the Governor, personally should possess such
knowledge Of in the various counties throug hout
the Commonwealth, and such an acquaintance with all
me individuals they may recommend, so a. TO be able TO