Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1830-01-07

cause of congratulations, rather than of regret
The question was then put, and the Srnendme,
passed-ayes 80.
s. Mr.. Summers moved further to amend the 9Th or
ticle, by providing that the executive have powa- =
issue wri,s of election to supply vacancies yvber
they occur during the recess of the General Assem-
bly,
Mr.. Tazewell suggested litficuv-suppose n,
vacancy arise by the acceptance of some other plucc
= Who IS To decide whether this be Disqualification
Was 1t intended to give the Executive this power
and to exclude the Legislature from tleciding unn,
the qualifications of its members?
MIR. Summers SAID that his amendment proposed +,
limit tho exercise of the power by provisions of In
and the Legislature would doubt restrict It's oD
Grafton to such cases, plainly vacancies tc
every understanding lie did not therefore think
the amendment obnoxious to the objection OF the
gentleman.
I Mr. Randolph suggested difficulty which had oc
CURED to hun he supposed case-that the Sher-
In had returned two mebers for particular countv
one of them dies--and the Executive issues new,
writ OF election under which member is elected
iiut the seat OF the member who died might have
riGhtfuly belonged to another who designed to con-
test ii'-eas it not seen, that the essential power of
deciding upon the returns and qualifications of it's
members was taken from the Legislature and put
INTO other hands? He had thought that the science
OF politics, like the science of lfe ought to be 20
Verned by probabities--but it appeared to him that
we were reversing the rule, and guarding against
most improbable possibilities sainst n hierarchy
and titles and offices from foreign poten; ates..
instead of probabilities that must and would occur.
MIR. Summers replied to the objection of Mr.
Randolph.
| MIR Scott moved to amend by combining the amend
ment to cases of vacancies accustomed by death or
| resignation, which was adopted-and thus amended
the resolution was agreed to-ayes 81.
MIR. Nicholas in the progress of the arprment
asked if there any provision in the Constitution,
giving to member of Assembly the right of RESIGN
ing-and Mr. Summers replied that to give such riGht
was one object of tie amendment amonp others h.,
recognizing its existence
Mr. Mercer moved still farther to amend the 9th
ARTICLE, by giving tn either House the power of iudr
ing OF he election returns aud qualifications of its
own members, to punish its members for disorderlv
behaviour, and with the concurrence of two-tbirds
expel member, but not second time for the same
offence.
Which Was carried in the affirmative
Mr. Mercer moved still further to amend by pr;vi
leging members from arrest except for treason aud
forgery, from being questioned in any other Mace
for any thing said in debate.
MIR. Leigh said the provision was unnecessary be-
ing already, the law of the land, as n part Of the
common law In the government of the U. s. the
common law did not prevail, and there it was neccs
sary. The amendment was rejected
MIR. Mercer moved still further to amend hy. re
curing both Houses to Keep Journal to publish
their proceedings, if secrecy be not required by the
public interest," and that the ayes and noes be taken
at the demand OF onetenth OF the members present
f-Negatived.
| The 7th article having been read Mr. Mercer
moved to strike out the words "except money bills
which IN no instance shall be altered by the Senate
Ayes IS.
Mr.. Giles moved to amend, by giving the Senate
concurrent power Of originating in every case but
money bills
principle OF giving the Senate concurrent power of
originating His experience in another Legislatures
mad convinced him OF the eXpediency. Phe two
houses of Congress were frequently actiuu sim,lta
neousiy upon the same subject, which produced q
great loss or time, and nothing was more common
than for measure lost in one house, to be nn,sai.
ately originated IN the other Phese practical
objections As TO the principle, it appeared to him
that lost by it, all the advantage of the Senates
acting a supervising body
MIR. Giles said that his Congressional experience
bad lead him to opposite conclusions from those come
to by the gentleman from Orange. In practice the
rule would accelerate business, and shorten the SEES
sions ofhe Legislature. 1t did not follow that more
delIberaton would be used by the Senate. be-
cause of lis not having an originating powcr-
He agreed with the gentleman from Charlotte fhTr
Randolph on the evil of excessive legislation but
he did not think be had hit on the right cause of
that evil. This was from the number of political
schemers and young lawyers, who desired to reduce
their whiins into the shape of laws
MIR. Randolph opposed the amendment which
he thought would produce the Gamc between the
two Houses here, which he had certainly seen play
ed by two other Houses-pass my bill and will pass
yours The old adage said-and all old adages were
trie-that the byesander sees more of the nrame
than the player. The Senate as spectators saw
more OF the game than they would do if allowed to
cut IN, and take part IN tue excitement of organiza-
| ton. The amendment was neratived
| Flie 9th article having been read, Mr.. Campbell
of Bedford, moved to amend by striking out . 3 Of
the Senate as necessary to convict in cases of i'm
impeachment, and inserting > J. Neratived.
| Mr.. Nicholas ltbe 18th article having been ready
moved to amend it in the ofhouscholdcrs admit
ted to vote by requiring that such housekeeper or
| head of family, shall have been assessed TO -
! MIR Powell said this question had already been
three times decided in the convention and committee
ofthe whole. He made this remark, to induce his
friend from Riclusond MIR. Methodist to reserve his
motion until we. got into the House, when a final
vote might be taken by ayes and noes.
Mr. Nicholas said this with him vital dues-
ton, aud briefly supported his motion to amend. If
being housekeeper a sufficicnt qualification,
why was he required to pay part Of the State revc-
nue.? And if any payment Of revenue was required,
should it not be to some real substantial amount?
phe amendment was negutivcd--nycs sc.
! Mr. Coatcr moved to arnend the 18th section by
inserting clause against separate elections. He
| thought Representatives ought to account 10 the