Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1829-12-03


system makes every magistrate Of the pcarc but
You ado, the system fAlaynd justice Of the peace and
contribute 20 their proi which M ONE could
la a conception. w ~
Tho amendment .ieu carried i'm the Affirmative , 90
resolution was stricken
The COMMITTEE then rose, and reported progress
Inc Convection then adjourned TIL II O'Clock morrow.
SATURDAY.. November 3D.
Inc Convention resolved itself INTO Committee of
tile whole, Mr.. p. p. BARDouR in the Chair
Executive report.
Mr.. MEacEa novel that the Commit &C ro hack
10 the third resolution winch reads:
'ReSoired, that the Executive Council as at ure
mt organized, ought to be abo shed and that n is
lneXpcdl"nt to provide any other Executive Council"
NJ. MASON moved, Us the gentleman from CHI
mond Mr. Ncholas) was absent, that the resolution
be passed by.
The 9Th and 7th resolutions were then passed by,
and the Committee proceeded to the 9Th res
oluion. which reads:
"ReSotUed that no pardons shall be granted in
any case, until after conviction judgment"
Mr.. DoDDRInCE said he should be happy to hear
the reason which mad induced the adoption OF this
resolution, as n constitutional provision.
MIR MoRGAN SAID It was thought that the ENecu-
tive ought To be restrained from granting pardon
without sufficient investigation and referred to the
British act of Parliament.
Mr.. DJDDRTDGE said the reasons were not To him
satisfactory. He was are of Tie evidence of the
act OF Parliament which had been referred by the
gentleman: lie suggested that in cas-, of DANCE
rous tumulis. or'b'na tiUns OF men, exercise
ofthe power of pardon before conviction il sometimes
indispensable TO the ends of Justice. He said hat
tHc, could be no danger IA entrusting this power
the Executive in this country. He moved to st,ike
out the clause.
Mr.. Mono An said he did not know that it was irn-
porant whether the clause should he rel aimed or not
lie SAID 1t must be within the knowlt dc of the Com
mttec that abuses had been practiscd on the u.
Stntes; 4 Governor had pl ri ned his own SON. He
milo hp ,.ba bo int
erce otthc Executive TO prevent trials may be I'M
portant' not to screen the guilty without sufficient
enquiry.
Mr. DoDDRrDGE said, admitting that az a General
rule the power of pardonng before conviction ought
not 10 he given. lie nstanced the case of the w
tern resurrection, when thousands were guilty of
treason Many of them accepted the amnesty offer
ed by President Washington, and thus the evil ,os
checked and the Attorney General was not called
OH, in the words OF English Attorney General IN
present bill of Indictment against a whole pconIe
In the case OF rebellion m the state, and the sup
preston Oft by the military power of Vjrpinio and
thousands were involved, it might be necessary Ia
publish an amnesty for the public peace lie Thought
1t would bc better to leave to the discretion of Tho
| Legislature.
! Pie amendment IVES then agreed 10 and tbe roc
OluiiOn rejected
! Mr. MASON, (Mr Nicholas bcinri his scat mo.
vcdt take up the Sd resolution, az follows
ResoirCd, That tho Executive Council, as al pres
ent organized, ought 10 be abolished, and that il i
nexpcdient 10 provide any other Executive Council
NJ. HENDERSON asked for a division of the cues
ton.
The CLAIR reminded the gentleman that M oues
ton would be taken the resolution i'm the Cam
niitee
! Mr. NICHOLAS moved to amend the resolution bv
striking out all after the word Resolved" and inser
ting the words:-
'Rcsotred, That the 9th and 10Th secficns NJ H.,
pres mt Constitution BE- retained and that the Ii,
be- substituted by the following resolution:
/ Pryy Council or COuBcIl of State cnn-istino
oiiour members shall be chosen by both Houses Of
Assembly, other from their own members. or tle
people at large, 10 assist in the administration of
Il Government. They shall annually cbonse ont oI
their own members a Lieutenant Governor who in
the case Of the death inability or Necessary absence
OF the Governor, from the Government ei,oI oct No
/ Governor The Governor shall be tn President nj
the Council and shall in i ofdecision have the
casting vote. Two members with the Govcrnor or
Lieutenant Governor, as the casc NAV be- shall be
suihclcnt 10 act, and their advice and procned,ngs
snail be entered ofrccOrd, and signed by the NON
bers present TO any part whereof any member NAV
enter h7 dlsscn) 10 b. laid befirg the General As
semby, when called for by thom-The members
at the Council shall be elected by both Houses orhc
General Assembly for four years. At the first cleo
non the two Houses shall by Joint resolution divide
the persons elected into two classes. The sonts of
thc Councillors ofthc first class shall be- vucatcd at
tne expiration Of the second year; Of the second
class At the expiration ofhe fourth year; so that ono
nan may he chosen every second years and If vacan
I'e5 heppcn by resignation, otherwise, they shall
DC ilicd by the two Houses Of tho GcRcral Assem-
by.-An adequate, but moderate salary shall b. set
ted on them during their continuance in office and
they shall be incapable during that time ofsittna in
| either House Of Assembly"
/ Mr. NICHOLAS said that having stated the other
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