Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1830-01-08

= II IL
Qnthc suggestion of NJ Z Summers. the resolution
Was ir the PRESENT. ordered to lie on the table and
motion OF Mt. osibornesto bcprintcf. .ss :. = =
h Mr.. Stanard moved to amend the 22d article by
inserting the words, land Judges thereof ailcr the
words Of Appcals;" that the Judicial pow
eT shall be vested IN the Judges well as the
Court. f,., e. ,-i .....- r 'rrl-.rtf -rTr
Mr. Cabell apprehcnted that the effect of tho
amendment would be to retain the Judges in office al
Ter their offices abolished, and proposed to add
| tho words, Sin vacation ~ 's-' 49, - 81 81
| MIR. Clayton asked where was the need of the
amendment, when under similar proyison I'm tho
Constitution oil the u States the National 1iepsla-
turc mad communicated power TO judpes in vacation
and whcs no doubt. tue General,Asscmbv would give
inc same construction To the provision in our Cons-
tuition, and ciothe the Judges with the same mowers
in vacation, Q 7I''~
"A debate ensued between Messrs, Stanard, CLAY.
tor, Powell and Henderson, when at tho motion Of
the latter, IN consideration of the absegce OF the Sc
lec' Committee, the amendment was laid on the ia
bio, and the Convention took a re, ess Till one
o'clock. 4 '"r' = ~ 'Yu - '
y - 't.I|O- ONE O'CLOCK -''
Mr. Madison, from the Select Committee 10 whom
The I'D ana 18Th articles had been recon,ntcd repor-
leu the new apportonment made undet the instruc.
tious given to the Committee. t.0rgA 10.
The Report viii appear Tomorrow
The Report being read, the Convention resumed
the consideration of Mr.. Stanards amendment vest,
ing judicial power in ''tbe Judges" of the Court of
Appeals. 0eae -n.arsDN7" g. D.
Mr. Henderson requested the opinion of Mr.
I q. a
the propriey of the amendment. ."g
Mr. Marshall Expressed himself in favor of tho
propr,ety OF the amendmcnt-and the question being
put, the amendment was carried, AYES 81
On motion of AIr Stuart, the Report Of the
Select Committee laid on the table and
MI Gordon moved 10 amend the lIth article of
the Constitution by Iequiring that officer To be cleo
ted by joint vote Of the two Houses of General
Assembly
Mr.. Gordon briefly assigned as reasons for ha wing
changed the vote lie formerly gave in favor of the
people that so nconsdcrable powers were vested in
the Governor, as not to render his election by tho
people necessary unsafe cuntida to the eris
ature--and that from the state of feeling IN the
commonwealth, 1t was TO be npprc!Iendcd that the
two sections OF The State would array themselves
against each other, in the popular election of Go
verr;or.
I Mr.. Morgan moved to amend by inserting tie
word annually after the word elected. -,. =
On TINS question the ayes and noes were ordered
hYES-Messrs. Anderson, Williamson, Smith, Osborn.
Donaldson. George, M'Man, T.. Campbell. Byors
Cioyd, Chapman, oglesby, I.adley, See, Morgan, A.
Campbell, Wilson, Saunders. Cabell Pieasanis-2O.
: NoEs-Messrs u. p. Barbour, Jones, Il. W. Leigh
s. Taylor Giles, Brodnax, ryer.o Nicholas Clop,op
Coiiman, Harrison, Baldwin, johnson, M'Coy, Moore,
Miller, Baxter Mason. Trezvant, Claiborne, Urquhar,,
Randolph, W. Leigh, Logan, VenabIe. Madison, Stan.
ard, Holladay Mercer, Fitzhugh, Henderson, Cooke
Powell, Grggs, j. NJ Mason, Naylor, Boyd Pcndleton
Roane, w. r. Taylor. Morris, Garnelt, Mathews DUN.
can, Summers, j. ;. Barbour, Scott, L. Marshall.
Green, Tazewell, Loyah, Prentis, Grigsby W. Camp.
bell, Clayton, Rrancl Townes, Martin, Stuart Gordon
Bay'y. Upshur, Perrin Dromsool-, Alexander Goode
Marshall---74
! The question recurring on Mr. Gordon's amend
Inent' Mr. Clopton stated The considerations which
would lnfiuence HIM to vote in invn- or the amend
ment notwlthst anding biz Nriner vote in favor Of
5t,ii5 the election of Governor the people. His
opinion either from the discussion his best rccc
ton, renamed unchanged that the people were the
proper depository Of the power. But he had mo
raj certainty that his district did not concur with
hn, and being assured of this, he felt himself bound
either 10 reign or to execute their wl--recoonzino
as he DID, the right of the people to have their will
obeyed. "
=. The question was then put by ayes and noes, and
tho amendment was adopted. .... .-.y
AYES-MeSsrs p. =. Barbour Jones r. w
Leigh. S. Taylor, Giles, Brodnax DrompooIe. Al.x
ander, Goode J. Marshall, Tyler, Nicholas CloDton
Johnson, Mason, Trezvant, Claiborne Urouhart
lahd1Ph' w Leigh, Logan, Venable Madison, Stan
ard, Holiday, Roane, w. p. Taylor Morris, Gar.
metz, j. 3 Barb 3ur, Scott, L. Marshall Green. Taze-
Wen, Loyal, Prents, Grgsby, w. Campbell Branch
Eownes, Martin, Plcasan's, Gordon. Massie, Bates,
Neqe' Rose CoaIter, Joynes, Perrin-5O.
NoEs-Messrs. Anderson, Cofiman Harrison.
Williamson, Baldwin MCoy, Moore, Beirne Smith,
Miller, Baxter, Mercer, Filzbugh, Henderson, Os-
born, Cooke, Powell, Griggs, J. NJ. Mason, Nayor,
DonadsTn' Boyd Pendeton, George, M'NIillan, L.
campbell, Byars, Cioyd, Chapman, Mathews, Or
iosoy' duncan, LnldlGy, Summers, See, Doddrdge,
Morgan, a. Campbell, Wilson, Clayton, Saunders,
cqbeli' st Stuart, Bayly, UPshur. Thompson--Ie.
L. DIT. thompson moved to amend the 9th section,
lto convict in cases of impeachment instead of two
thirds OF the whole number of Senators.
Mr.. T. SAID he could reason for the trent
prccautIon Of requiring two-thlrds of the whole
number We had IN favor of his amendment. the
precedent OF 10 constitutions III the u. States Could
any man point out the evil of requiring two-thirds
present Was there example of such evil in the
experience OF the U States' There might be OWL
rom inc present neutrality-suspicious. had shown
That there would be none from the adoption Of hi;
amendment. '
The question was put and the vote stood 10, IL
nut Mr. Ncholos suggesting that there was possibly
an error IN the count.
Mr.. scott opposed the amendment which he con-
sderod as engrniting in the Constitution principle
az war WIN inc principle of the trial by Jury. The
unanimous verdict of Jury was REQUIRED 10 puuish
the viest maeiactor, yet this amendment denounced
the heaviest punishment of thelaw by vote of two.
thirds present.
Mr.. Thompson replied in very animated manner
denylng the corresness CT the analogy drawn ,v rho
gentleman from Fauqnier, and presenting the 1ucs-
ton Ill various lights. The amendment was also
suppottedby Mr.. Giles, opposad by Mr. Coalt.r mud