Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-01-07

DIV well cquanted with the nature Of the business on
which the Senate had to act while to those who had
| been absent all was new and strange.
The clause allowed the Senate 10 adjourn when II
pleased and THE might harpenjust when an important
election WAS coming He could not see why one
House much hound to 81, and do the public
business the oth.r both alike servants Of the
People. In other State Constitutions there was pro-
vision of this kiDi, also in that OF the u St,cs
The Senate might adjourn TO different part oi the ate
| from The lower House, and a, different on
lie thougbt thcy ought TO be together and the not
to adjourn without the other.
| Mr. Leigh said, that the clause proposed 10 be
stricken out was provision copied from the old Con-
siiiution There not single instance to be point
ed out, where there had been any want OF good cor
| respondcrce between the two Houses; there
likely 10 he, unless some very important case shouil
occur, where House might suppose the other 10 BE-
ssing, with undue vagerness, some great measure,
which ought first to DO understood and pronounced up
by the People. In all Constitutions OF Government.
where there was a Legislature. some provision was
made for prorogung their session. Before the .vou
ton, this power had resided in the King and his repre-
sentative, the Governor but, at the Revelation, that
power was taken away from the Executive; and this
one OF the most important changes in form Of
Government. Bot, as the power OF proros alton, was
very important one, il ought 10 be preserved some
where's IL one other House oil the Legislature. u
had been found useful in practice, to repose 1t in each
House, as II respected the o'her that virtually
the effect Of the right Of adjou' nmen and il had hh
erto been found 10 occasion no Inconvenience. Mr.. L.
said, he could readily conceive OF circumstau noes,
where its exercise might be amportant to the peace
| salty. and happiness of the Community.
'lr. NICHOLAS said, he had long thought that some
such provision ought to bs adopted, as was pro-
posed by the gentleman from Giles. As to the power
OF Prorpgation II was power which hal applica-
ton, except to the whole Legislature. The question
wa, whether House shoull have the pow err Of
ourning itself for long time, without the consent OF
the other! II this prorog alton, the Senate in
the habit OF proroguing itself every Session Mr.. N.
contended, that this practice led loss of time-thc
one House would ITSELF il the other was alb
sent or IL did, the other, its return, found table
groaning under accumulation Of business. In times
nf larn la .f.
was ma'ured in the other, by adourning indefinitely
Beth should DO kept at their post.
Mr. LEIGH said, the gentleman could not fail TO per-
ceive, that II was as much in the power of the Senate
to defeat obnoxious measure by direct vote a. by
an adjournment; but the question was, whether the
should be allowed TO defeat such measure, by direct
vote, or whether, by virtually prorogung them, the
other House should give time Tor the question to be
brought before the Peope.-Mr. l.. argued to shew.
that the public business would not be advanced, by
compelling the Senate TO remain in Session, when the
had nothing TO do. Being only r.visory BODY the v
could at any time overtake the Lower House No in
jury had resulted from the occasional adjournmenis Of
the Senate, in the ealy part OF the Session The gen.
tieman had said, that tie power Of proroga,ion applied
only TO the Legislature as whole. But the Legisla-
ture, as whole, consisted Of two bodies; an when one
OF those had adjourned the Legislature whole wa
no longer in Session. but virtually prororued by
| such Adjournment Cases might occur, when such a
| power would be useful and important.
Suppose the House OF Delegates should b. seized
with the idea that it expedicn to little ar
my o. captains company OF Judges: and should pass
bill Tor thai purpose and send up the Senae No
doubt II such were the will OF the people, il mus, be
done-the perple must always 10, and il in fact do
whatever they pleased. But before the bill SHOULD
the Senate, suppose the Senate 81 oud adjourn over to
the ensuing session. BY that means the voice of the
people would have an opportunity OF being heard He
had no idea they would ever be guilty of such foIly hut
he had merely put case TO shew the operation of the
clause proposed TO he stricken out. Agan-Suppose
the Senate to be sitting TO try brought
by the House OF Delegates, prosecuted by its agent.-
What necessity was there that should continue to 81,
4 il it. olattxa xt, s..l~s
Legislature and continue its sittings Judcat,ire
But should the amendment prevail, this would DO pre-
vented
| Mr.. NICHOLAS said that in such case the House
Of Delegates would not refuse consent and with that
consent. the Senate might adjourn according to the
mendm.n', at any time. 1.-The could subscribe to the
opinion that power TO adjourn in House. was a
power to prorogue the other. he sure the Conven-
ton would never a.sen! to any such measure. But
such power was involved; and the public bushes So
would he accelerated by The a,nr nd nent
MIR. TAzEwELL said, tit was true that We ought TO
consult past time il we would provide for the future,
the House had this SUBJECT evidence Of the
order The clause proposed to be stricken out was in
the old Constitution: this power Of propagation had
i.tod in its present form for year, without
ng any practical evil, but on the contrary with good
effect.
The committee had proposed nothing new: the regu-
laion already existed: why should he changed. Bu,
farther: Additional power had been given to the
Senate to try mpeachments Who was to try them.
The Senate the S.nae sitting Judicial body. But
if th- power to adjourn in III separately from
| the other was taken away, then the House Of Dele
,Aes, after all its legislative business had been com
leted, must still continue in session 20 long as the Sc
nate should sit to try the mpe achmen But thi. wa
surely unnecessary. There could be need of il 50
far the impeachment was concerned; any more IA an
there for Grand Jury to remain during trial in
Court After had instituted the mig hi
appoint committee a, its agents TO conduct it-Whs,
| reed for the whole body 10 remain! There could be
none When their Legislative function was discbarg.
ed, let them have the power to adjourn Now there.
fore, there much need than farmerly of the
anil q AL Ala Iars.
| Mr.. CHAPMAN replied He said, that admitting such
to be the fact, it sufficient to give up the
clause that IL might by possibility do harm; Tor il wa.
the business Of tho legislature to guard agans the
sibility of evil where il would he done But he de.
MED the fact TO he He bcliev that serious
had grown out Of it. Loud complaints were heard OF
the practice Of the Senate TO adj from the Let Dec
to lst January. At this very time, il the Senate had
not adjourned, Councillors and Governor might hive
been cioen, and the elections would not have beer
postponed to the close Of the session, when tie sem
bly, pressed with business. This was too ofte the
whereas they ought TO be conducted i'm the early
part OF the session when more leisure was ebioyed-
Complaints constantly heard to the adjourn.
ments OF the Senate; and he remembered one case
where the lower House had been detained nearly a
week waiting for the Senate; to the objection about
the House OF Delegates being obliged TO remain in ses-
sion all the while the Senate trying an impear-
ment. IL allowed either House adiora with the con-
sent OF the o,her and doubtless the Sen,te would not,
refuse ifs consent in such In every act of the
two bodies the consent OF both required; Why not
In this? As the clause stands the Senate mig adj
journ tor tnonths-and then meet at Charlottesville:
there was nothing to prevent it.
Mr.. JOHNSON said that two evils were appreh.nd-