Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-01-14

Mr.. CooKE replied. that all laws which the nev
constitution did not supcrsede, would, Of rse,
main in full force, and that law among the rest TIL.
Sheriff would hold the Elections just as he did at
sent.
Mr.. JOHNSON sand, that he had no objection to the
details oil the proposition the House should be OF opn
Ion that ought 10 prescribe the mode Of th,
constitution into effect confer the duty ON the Ex
uuve instead OF on the Legislature 81. was ho,vsv or
strongly under the impression that /, was neitter ne
cessary nor proper Tor the Convention TO make any
provision on the subject. The Act OF the Assembly
was the Charter Of all their rights a. Conven,or ii
contemplated most CLEARLY, the conferrinx on them
Other power than 10 prepare amendsne nts 10 the old
constitution, or new Constitution iu lieu Of H. Tha
was the whole extent Of their authority. When tha,
auy mad been performed, the act declared how
'ner work should be submitted Tho people and how |,
should be ratified. II no was correct in that view the
whole Of tho present article work supersrogs.
,uon enureiy. (Mr. here quoted the act at kArxe)
10 him appeared that that act prescribed In the Rrs
place the duty OF the Convention then the manner In
Nn'en 'ne new constitution was 10 be submitted the
people, and ne H the mode In which was to receive
It's ratification II they should approve IT, There was
nothing left or them to do the latter part OF the sub
!se'' iney nad no authority to repeal any part Of
But II IL were otherwise, he asked whether the pro.
VISIONS the act were no, ample, aud whether they
nv. 70 nose IN the proposition OF the gentle.
man from frederick The difference betwern the two
mat according to the the Legislature wa. 10
scrioe the details Tor the LIST ecti H. while by the
oner TIE Convention were ,odspose those details and
me assembly at all. The saving of that expense Was
certainly our object, ii the same ends could a. we'll
DC attained without it: but that was small item
vas not more INT and proper that the Leg,Iatur
should be convened The act manfestv intended IN
submit to the existing Government as now Organized
me question, whether the act Of that Covernne en-,
naa oeen answered or no by the means il n All pre-.
eroed Inc Legislature certainly propo ed that the
oeeon Of that question should be submitted TO IN EN-.
seWes 90, ana not to tho Executive Department and il
80, this amendment went 10 make a substantial change
IN the course intended. They were referring the oues
lion TO body posc. sed Of powers to send for
o"s :oa papers. aud having no adequate Of as
ceraning whether the Constitution had been
oy the people or not He would not submit any ones.
soa VI sueh character TO such Department OF Go
veinment. The soemniiy of legislative act was re.
SURF IN order TO pronounce the fact that the Con-
s'uon pad been duly ratified, should doubt be start
edshould It be affirmed that in some parts OF the State
'ne quesuon on the acceptance Of the new Consti.
.""o" hao oeen submitted to people Of all descrp.
tons that chose to vote, and not 10 the qualified
voters merely, the Legislature would have the ne.
eesssry power 10 enquire into the matter-to obi ain
proof and definitely decide on matters of fact CON
nected with the question.
Ii might be supposed. that under that provision of
the Act empowers the Governor 10 convene the
legislature on ascertaning that the Constitution ad
been adopted by the People, the question was cid,d
put, ne thought otherwise. Somebody must have
ren appointed 10 convene the Legislature, and in SO
gong the Governor acted Of course on mere prima
iacie evidence, which he was 10 convene that bo
ny, which constituted the grand tribunal of the ma
ton They alone could properly settle ali disnu,.b
points that might arise. He thought Il infinitely bet,er
'oisaVe the matter as the act had provided since there
might be great doubt as to the validity of any deci
slons Of the Convention in the case.
Mr.. COOKE replied The first question for the
convention to settle whether il was erpedienf 10
axe the course he proposed! On that question he
ed there could be little doubt Ii would save entire
W, the whole expense Of Extra Session Of the Le
gisature consisting Of 2i3 members No man who WAS
acquainted with the mode Of doing business in Virgi.
MA, who was aware Of the fondness which existed for
talking great deal before much was DONE and knew
the modus operandi usual in the Legislature could be-
eve that this Extra Session would occupy less than
at least 80 days aud that must cause an expense IN
the Commonwealth of at least $50, OOO To save tbj.
money was in itself conessedly expedien But II the
Convention had no right authority prescribe su Oh
an arrangement, then, matter how expedent il
be, they, OF course, would not do il.
But he maintained that they had the right The
hrst act OF Assembly to which he referred in support
Oh this position that of 3lst Jan. 1925 which de-
ciared how the Of the People should be taken
to the exPediency Of holding Convention. BY that
act was declared that the Governor report to
the Legislature what was the Peoples ecison. The
sense OF the People was accordingly taken and
was found that there was a majority in favor of
calling aC9nvenon. The Legislature then enacted a
law assembling the Convention and defining 10 som.
extent the powers II to possess He admitted this
But still he contended that the members of that
yenton as the representatives Of the sovereignty of the
reoPie mad perfect right 10 to the People
departure from that act. The terms Of the law were
not SO narrow as to preclude them from considering
what was the best mode of carrying the Constu-
ton, II adopted, into effect They might insert in the
instrument they reported TO the People what thew in
tended to recommend points of the Con-
situtlon and they tight also recommend TO the Peope
10 adopt less expensive mode OF carrying its
INTO effect. He admitted that they had no gh the m
selves to modify the provisions OF the act of
under which they acted. They could with no au-
therty in any thing precious TO the adoption Of the new
Constitution by the People. But the 2Is section of tia,
act referred to what to be done after the sccepta
ton OF The Constitution: and the question was. whether
was not competent TO the Convention to recommend
The People to modify an at passed by few of their
own servants? by the old Legislature! That as the
question.
Bat it was commended by the gentleman from Augusta
lMr Johnsop) that it had been tho obvious inten.
ton oil the Legislature, that the question whet her
majority Of the People ratified the Constitution or no
should be submitted to the Legislature and not to the
Executive. He could not in the Act any thing like
that. The Act said that the Executive was to examine
that question: and when he found that the constitution
was accepted, he was to convene Extra Session of
the Legislature to carry the constitution into effect
The returns OF the votes 10 be made by sworn Of
hecrs: and they to be submitted to sworn Execu
hve-persons holding high and important trust and so
entrusted, owing to their claims confidence in the
community.
The Act assigned il to such citizens to examine into
the question OF the acceptance of the constitution: and
II from that examination it should appear-appear to
whom! to the Executvelthat a majority had accented
the constitution then the Executive was to convene the
Legislature: to do WHAT to examine the same question
AGAIN. No-but to carry the constitution into effect
The Extra Legislature thus convened had no power 10
do any thing whatever, but that they were called TO
carry the consu ion into effect that thew were 10 do
and that only. The construction Of the gentleman from
Augusta, was borne out by the words of the Act The
Law gave to the Executive and the Executive alone the
power OF determining whether majority of the PEG
pie had voted for the constitution. They to Judge: