Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-02-06

| a. all in the contemplation OF the Co,,n We
p,o f,m,or. u,e recess Of the Legislature to Eli.
may De the dsty OF the Legislature to an
r'o'ied' that his appointments to such vacncis. .tl
"s Submissions to expire at the end Of the next
succeeding session OF the General Assemble
ms clause isuot 10 be found in the old Con.;,,,,
a"ho"gn oy Tue iith Section Of it similar limited 49,
10 SUPPLY yse'nces in the judicial officers, !. con-
erred en- Tue Executive. The language il, however
borrowed from the Oil clause of the I'll section of th.
"a .frticie oil the Federal Constitution.
| ARTICLE ~, SEC. "
This section provides "that there shall be 4 Cour
Gil OF State 10 consist Of three members. ,nv "a.
or more OF whom may act They shall be elected bv
Joint vote of both houses of the General A,..,S
ply and remain in office three years. But of ,hes.
hrs elected, one to be designated by lot shall remain In
TOT one year only, and other be din
IKE manner shall remain in Office for two wears ouv
a."e'es occurring by expiration oil the term Of seq.
vice. or Otherwise, sha be supplied by elections mad
.s. IKE manner. The Governor shall, before he
tue Constitution, and laws require the advice of ths
council OF State, which advice shalt be registered n,
o0oSs kept Tor that purpose sgned by the me Hbers
'nl eon+ ming thereto, and laid betors
The General Assembly when called for bv them Tn.
council shall appoint their own clerk who shall ,.L.
keeps eref sue matters as he shall be ordered
'e b"ard 10 c"'cea The Senior Councillor shall be
Lieutenant Governor, and in Of the de TIL res,na
'o inao'y or abs'nce Of the Governor FROM the seat
OF Government shAil act a. Governor
Aher long and ariuous struggle in the Conven,;o,
during which maj 'r'y several times decided In n,
Vour OF Total absli ion OF the Council OF State ths
| " W 10 W AZ length succeeded adop-
no" oil the above provision. How much il differs ana
whsieir agrees with the old system, will now an.
deavor TO shew.
1. As to the number; the Council of State unt. r.
ou Ioh'"uhon contists Of eight; under the new Of
only three. Under the former, four member, con.,i
u'e oo"r aud are "suirieni to act; under the LAT.
ter, sny Que may act That is in the one case moi.
~, IN the other minority may act.
z. AS TO the election Of the members Il Is the s,ms.
tna' by the two houses of the Legaure but in the
former case by Joint ballot, in the latter by Joint vot.
d ne uura'lbn OF the office m he hot, T.
ouhueh on different principles BY the old Constitu.
,oh no term Is hxed Tor The continuance of either Of
me councillors in office, but there il riennaI re
m'v"' Tor scratch, as il is vugary eaedO OF two =,
The members Whilst, thor efore two of the BODY can
ohy 'emain three years, the Others may remain six
years. nine years, or Tor an indefinite period Tn,
'eng OF tine Tor which they may avoid the scratch
depends on the favour they fad in the eyes Of
he Legislature, the whole body having the sword sus-
penurd over their heads every third wear
By The new Consti uton each of the three Counc;i
70 remain IN oihce for the definite fixed period
.n,ee years. Ihai species ST Osiracism called tho
scratch, is abolished. The three Councl,ors VIII
man oe hrst elected are TO draw lots and one of then
m"' HerVe only one year, another two years and
ue o"sr 'hree by ms arrangement constant rota-
Ton Kept up; at each annual session of The Iey;sa
ture one Councillor will be elected and offer tS 90,
'i 'he second year from the comm .ncenent N IT.
new "ove'n menD each Councillor will serve three
year. 'A''"
mere Is another remarkable difference By the sId
CONSTITUTIONS NE two removed. scratched CounciI-
lors; are ineligible 10 the office for IN. br.s -.
yes bu' there Is no such alton under IN.
new Consu ion as 10 the CouHC ilors whose fern LII
nave expired They are all again eligible 10 the sam.
once IL their advice to the governor be annrov ed 81
ny The Lsgstu'e. II their coniuci in Office h. cor,
rect, my may al be continued NJ, only for three but
Tor NiS, Rns, m1re yeas
4. But The most essential diff renca b.ro.n $780,.
oodi consists the diff renee # their po,r,r H.
"er the Oh Constitutions the Council of ate il an &c.
'ehi"i part OF tie Executive po,cer Of the Common
"t"'lh me Governor can do nothing (except in two
instance') without the advice Of the Counci.
90 lar has this been carried that If the Counril h.
4'"iy divided there is no advice, and the Governor
'"hhot give casting vote, and he cannot
&c" beiIeve that this has been the settled ruI.
ever sInce Mr.. Hardy hal a seat there The two ar
In ., are, mat he may convene the Assembly,
(io Secfion,) eifher by Twice OF Council or On
p'i " i"n OF majority f lac House OF ID I.pa,.s. H.
may apo nj militia ofic r., (i3h Section, with IN.
. :" Council {" recommends ions from the resrec-
i've C"uh'y Couts-ihGugh this last has been di.putsd
on me ground that the word written on and moi or
IN me Constitutions But although The Governor can do
",'I TOUT hel aa'irr'yet, believe, has be on
con drred mat Governor mt bound 10 car-
ny he'r advice into Effect Th. negative priyl,y, Ia.
however, been very seldom exerci.ed
onheT The new CONSTITUTIONS the Council NJ Sat. la.
m fDeoe' Whatever In the lit ospowers conferred on
ne Governor by the Third section of This article IN.
~OI'e,' o. o'@s 's not once mentioned The Govern
VI, however l. bOund Def he exereiscs ,nv NJ III.
powers 10 require the adpice OF the Council Of STAG
ina' advice may b. given by the wi ole bodv mr. bv
ony QUE OF Two oil them But, although lie must re-
Ie eir advice yet he il certainly NOT hound In ,hex
!" ana he may on his responsbili,y ocf d,rrcv -;
s1'rA"lcI'on 10 IT. Heretofore every Commits ion sign
w. eVe'y app in'm MT made, pa, don granted ha.
cone oy the Governor, "iCikh the dipice of Couu-
cf; hereafter these and all other Execn,iv .,;, lii =
done by the Gore,noy" ' vi" We
D. by The Old Constitution, (lIth Section the adj
wee ana proceedings OF the Council thaI b. entered
o recora aud signed by the embers pte,en, IN .nv
par "nereoi any member may enter is dssenD 10 he
''u osiofe TIE GENERAL Assembly when called lor nv
"ei" 30 TOO by tie new Constitution, alFiruqh he
S"V'ce oil 'e Council IL by means binding and the
may REJECT after II given, yet "shall be
registered In books kept for at purpose signed bv ,h
M cD1xep yi,, az.
ore the General Assembly, when called fer NV tb.n
1"> provision l. deemed very inporiapt one Ths
Cou"c WIN deliberate well be ore they pye h.ir a
''e' since tnry VII be anxious tat NAV he so cor.
~, "'"' we "oV'rnor my not re cir and t,stit NAV
N're' WIN he appreciation of the immediate Rrpresrr
sRes {" NE people who will have II in their mower At
me next election TO ie.eec them or not On a, 9TH.
hahi tie Governor Will be cautious how ba the
advice thus deliberately given He will no, I've cor,
en.eh WIN silent r." cion of the Councils savice he
WIZ "eish ue subj CT well and IL he still differs from,
e" ne WI" al o register his for pursuing his
own course He will 10 this not because the Ieyi,Ia
lure may dispdce him, refuse TO c.eIect bim-ffor
he ho'i' his OIL e for three years and il not
Tor three yeas more, aud in this he will h. more nde
Pgoen' man The Gove'nor al present sor the Council
WV but from his regard to his own character and
intIre standing in society.
ihere u con 'idsrdble difference between tbi. nd
VtS"y C0"nci OF ours, and a. Cainet Council of the
IRE lbent OF the United States The esnIent ,nov
require the opinion, in writing, of bis Ministers; bat
maj oplnlon, registered is seen by Congress,
lie appoints them, with the advice and conse nj Of tho
are, therefore, subject to his control But our Coun
ell are neither appointed removable by the Gov.
ernor. - Wv
" by The new Constitution, the Council are reouir.