Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1830-01-09


polite corporate, with power to deal as bank by
making loans or discounts.
On the suggestion Of MIR. Summers, the resolution
was tor the present, ordered lie on the table, and
on motion of Mr.. Claiborne, to be printed
MIR. Stanard moved to amend the 22d article bv
inserting the words, land Judges thereof" after the
words Court OF Appeals" that the Judicial pow
er snail be vested in the Judges as well as the
Court.
MIR. Cabell apprebended that the effect of the
amendment would be to retain the Judges in Office af
ter their Offices abolished, and proposed ia odJ
the words, Sin vacation"
Mr. Claytor asked where was the need of the
a"ie"uhent' "nen under similar provision i'm the
constitution OF the U States, the National Legsla-
ture had communicated power TO Judges in vacation
and when no doubt, the General Assembly wou,d rive
the same construction 10 the provision in our Const
tuition, aud clothe the Judges with the same bowers
in vacation? -
debate ensued between Messrs St,rard Cl,,
tor, Powell and Henderson, when at the motion If
the latter, IN consider alton of the absence or the So
lec' Conimlttee, the amendment was laid on the tn
BILE, and the Convention took recess till one
o'clock.
One O'clock.
ME-. Madison, from the Select Committee to whom
the Sd and III ar icles had been re-commttcd repor-
ted the new apportonment, made under the instruc.
tlons given to the Committee. -
The Report will appear to-mcrrow.] sa'
The Report being read, the Convention resumed
the consde Eation of Mr.. Sianards amendment vest
ing Judicial power in 1.-The Judges OF the Court Of
AP %s i,snde,so, ,,u,o.,, -,
Marshall, Chairman of the Judicial Committee, on
the proprlcty OF the amendment. II
Mr.. Marshall expressed himself in favor of the
ProPrety OF the amendnent-and the question being
put the amendment was carried, ayes Sd. r.7
| On motion of Mr. Stuart the Renort of tho
Select Committee laid on the table and
Mr. Hordon moved 10 amend the 18th article of
the Constitution, by requiring that officer to be cleo
ted by joint vote of the two Houses of General
Assembly.
MIR. Gordon briefly assigned as reasons for ba vino
changed the vote he formerly gave in favor of the
people, that SO inconsderabe powers were vested in
the Governor, as not to render his election by the
ponpIe necessary or unsafe to confde it the Iens-
iature-nnd that from the state of feeling in the
commonwealth, it to be apprehendcd that the
two sections of the State would array themselves
against each other, in the popular election of Go
vernon.
MIR. Morgan moved to amend by inserting Il G
word annually" after the word elected },
On TINS question the ayes and noes were ordered.
| AYES-Messrs. Anderson, Williamson Smith, Osborn
Donaldson, George, M'MiIlan, f. Campbell, Bvars'
Cloyt, Chapman, Oglesby, Laitlley, See Morgan A
campbell Wilson, Saunders, Cabel, Pleasants-2O.
i NOES-Messrs. p. p. Barbour, Jones' b. W. Ieiph
! s. Taylor, Giles, Brodnax, Tyler, Nicholas Clop:op
Coiman. Harrison, Baldwin, Johnson, M'Coy. Moore,
Miller, Baxter, Mason, Trezvant, Claiborne, Urouhart
Randolph, w. Leigh, Logan venabIe, Madison. stan
ard, Holiday, Mercer, Fitzhugh, Henderson Cooke.
Powell, Gr'ggs, j. NJ Mason, Nayior, Boyd. Pendle,on,
foane, W. T. Taylor. Morris, Garrett, Mathews Dun.
can, Summers, j. S. Barbour, Scott, T. Marshall
Green, Tazewel, Loyal, Pren,is, Grigsby, W. Camp
nei' Ciaytor Rranch rownes, Martin, Stuart, Gordon
I Thompson, Masse, Bates Neale Rose Coalter Jovnes
! Bayly Upshur, Perrin, Dromgoue, Alexander Good.
| Siarshat-7f
/ The question recurring on Mr.. Gordons amend
ment, MI Clopton stated the considerations Which
would influence HIM vote i'm favor of tbe amend
ment notwithstanding his former vote in favor of
giving the election of Governor 10 the peonle His
ophioh ether from the discussion, his best rcfec
uoh 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
him. and being assured of this, he felt himself bound
as he did, the right of the people to have their Will
obeyed. " AZ
The question then put by ayes and noes, and
the amendment adopted.
/ AYEs-Aessrs p p Barbour Joues n w
Leigh, S. Taylor, Giles, Brodnax Drornpoole. Alex.
ander, Goode, ]. Marshall, Tyler Nicholas, Clooton.
Johnson, Mason, frezvant, Claiborne, Urquhart,
ard Leigh Logan Venabie, Madison, Stan
hetI J.. s. Barbour Scott, 7. Marshall, Green, Taze
WELL Loyal Prents, Grigsby, w. Campbell, Branch,
Iownes, Martin, Peasants, Gordon, Massie, Bates,
| Neaie, Rose, Coalter, Joynes, Perrin-5O ~
/ NoEs-Messrs. Anderson, Coffman Bayreo,
w lliiamson, BALDWIN, MCoy, Moore Berne Smith
Nlliler, Baxter, Mercer, Filzbugh, Henderson, Os-
porn, Cooke Powell, Griggs, J. M. Mason, Nuylor,
Campbell, Byars. Cloyd, Chapman Mathews, 90
iesby, Duncan, Ladley, Summers See, DoddridGe
morgan, a. Campbell, Wilson Clayton, Saunders,
Caoeli, ,S Stuart, Bayy, UPshur, Thempson--46.
Mr. Thompson moved to amend the 9th section.
ny requiring two thirds of the Senate present only
o convict in cases of impeachment instead of two
| 'hirds OF the whole number of Senators.
| MI l. said he could see no reason for tho orea,
precaution of requiring two-thirds of the ggbnie
number. We had in favor of his amendment. the
precedent of 10 constitutions in the u States CouId
any man point out the evil of requiring two-thrds
present. Was there an example of such evil in The
experience OF the U. States? There might be evil
rom the present neutrality-suspicious. had shown
that there would be none from the adoption of his
| amendment. - ~
! The question was put and the vote stood de-. 41
but Mr.. Nicholas suggesting that there was possibly
I an in the count
! Mr.. Scott opposed the amendment, which he con-
Soered as ENGRAVING IN the Constitution principle
at war With the principle of the trial bv jury. The
unanimous verdict IF Jury was required to punish
the vIe1t maefactor yet this amendment denounced
the heaviest punishment of the law by vote of two