Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1829-12-12
Continued 6,o,n LIST mage.


The 9Th resolution which is as follows, was next
considered.
''Rcsoircd, That OH the creation of any new coun-
", Justices of the peace shall be appointed in the
first instance as may be prescribed by law. When
cancics shall occur III any county, shall, for any
cause be deemed necessary to increase their number,
appointments shall be made by the Governor, by and
with the advice and consent of the Sc. ate on the
recommendation of their respective county courts.
MIR. CANnErI. proposed the following amendment,
oS n substitute for the 9Th resolution.
ftcsoiced, That the counties, cities und 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 eject the justices of the
peace therein, who sha be continued in office for the
term of years, but removable for any bribery,
corruption, or other high crime msdcmeanor, by
indictment or Information, i'll any court holding uris-
iictiou thereof
&. Resoired, That the constables shall In like man.
ner be elected annually in said wards.
Mr.. LEIGu enquired whether that proposition wus
not before decided upon.
Mr.. FlrzHuGH said it was rejected, but it might
be offered u substitute.
Mr.. CAMPBELL suid it was not submitted in proper
form to the Committee at any time. He stated his
indifference i'll deciding the resolution till the 5a-
Sis OF representation is settled.
The amendment was negulvcd.
Mr.. CLhfroR proposed To amend BY striking out
the following clause, ''When vacancies shall occur
IN any county.or it shall, for any cause be deemed
necessary TO increase their number, appointments
shall be made by the Governor, by and with the ad
vice and consent of the Senate, the recommends
ton OF their respective County Courts"
Mr. LEIGH said, this proposition to leave
the appointment of the most import ant officers to the
discretion of the Legislature.
Mr. CLAYroR replied i'll the affirmative and pro-
ceeded to make runurks, of which we could not
hear word.
clause, but not TO fill up with The proposition of Mr.
Claytor. lie was opposed to the present mode OF c.
icctlng. He hoped better mode would DE devised
MIR. LEIGH said, he dcspaired of devisng a better
lpoy bp nm
pointing power to a future Legislature not. There
would be no necessity for striking this clause.
The question striking out was carried in the ne
gativc, ayes a., noes 49,
MIR. MARSHALL said, that the vote which has
oren given uauiicsts the preference of the Commit
zee for filling up vacancies from nominations made by
the County Courts.
1t appeared to him better to nuke the Senate and
Executive act upon the whole nomination of the
County Courts. The Magistrates being dispersed
over the country, we're better adapted furnish pro
per nominations instructions the Executive
Suppose the Executive rctuins some ami rejects O.
tler OF the NOMINATIONS 1t was impossible that
lis knowledge would enable him select those most
competent and who nominated to him. He
must have some information, aud from whom can he
better receive it than the Magistrates, There may
DC some exception to particular individual; that
case, let the nomination go back to the County
Courts This is better than any other mode; unless
gentlemen prefer elections by the people. That
question was not now before The Senate must
receive its information from the member who repre-
EItnts the district in the Senate The Senate must
have information, and who they derive 1t from
but the member! Considerations may influence that
lucmbcr which would not Influence the Magistrates
ofthe County Courts.
lie proposed to amend the 5th resolution by insert
mig Tire foowing:-"but the whole number recon-
tendcd at any time shall be appointed rejected
MIR. LEIGu made some observations in opposition
20 tho amendment and entered ut length into the in
cenvcnIcnces which would result III the Details for
the adoption OF the mode proposed. He preferred
the present plan
l.J,a = 4
MIR. Nj ARsHALL, and the remarks of the gentleman
from Chesterfield convinced him that the Senate and
Executive should have nothing do with the matter.
Mr. GILES doubted the propricty of adopting the a
uTpndment of the gentleman from Richmond, (Mr.
MARsHALL.) He said the County Courts in general,
recommended WELL and for the very reason stated by
Mr.. MARSHALL that they had the best information
on the matter. The proposition will hive material
bearing the Executive, regards principle but
practise. He commended the present system. He
was lpcucd for the proposition to make it inI-
Perative on the Executive to nominate reject the
Whole.
lie expressed his concurrence III the sentiment Of
Mr. MARsuALL that the Magistrates could furnish
the best iuormatonthey had the best means of pro-
curing it.
lie said that the majority Of the Council differed
with him in potcsye lie never found any inconve
niencc arising from it.
MIR. MARSHALL wished the gentleman had moved
60 strike out the woadssby and With the advice and
of the Senate If he had any doubts upon
1t, the arguments urged, convinced him of the impro-
pIety oft He wished to withdraw his former a.
InendInent and to strike out the words referred to-
Mr.. CoALTER Suggest ed to Mr.. MARSHALL to rike
out only the word Senate, thut it may read shy
aud with tho advice aud conset Of and that if
advisory Council be established it may be insert cd
in the blank.
The motion 10 strike out os Mr. N. proposed, was
carried i'll the affirmative.
Mr.. MAcRAE approved Of giving TO the Governor
more extensive negative power, over the rccoInneI-
dation of the County Courts lie moved the following
amendment: provided however, that fany person SO
RECOMMENDED to fill any h vacancy or new ap-
Polnta1cnt, shall be disapproycd by tho Governor
such person shall not be again recommended TO ill
the same vacancy or new appointment.
Dir MARSHALL said this proviso would dlsquaFy
man forever, for the most trivial accusation
Mr MAcsAE explained that his intention no, to dis.
qualify them forever