Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-01-09

tenry anu Htttsyvana, shall form another
district, the counties Of Halifax and Meckienburg. shall
foim another district: the counties ef Charotee Lu.
uenburg. Nottoway and Prince Edward, shall form
another districts the counties Of Amelia Powhatan and
Cbeste'h eid, and the town Of Peter sburg, shalt
another districts the counties OF Brunswick, Dnwi-
Greensville and Prince George, shall form another III.
uic the counties o, Isle oil Wight Southampton, Sur
ry aud SUSSEX, shall fo,m another di.nic': and the
counties of Norfolk, Nan 'emond and Princess Anne,
and the borough OF No, olk, shall form di.tr;c'
The Report having bee for the present laid u,on IA
table,
The Convention resumed The considera ion Of the
mend'nent moved by Mr.. SrANARp.
MIR. HENpERsoN called the attention If he Chief
justice TO the question. and requested expression Of
his opposition, declaring thai il would have great weight
with him.
MIR. MARSHALL said, that being thus called out. /,
was not in his power 10 remain wholly silent His OPT.
Mon was that the amendment proper The re
was the same reason, in par, though not entirely for
making declaration respecting tn power Of Jujger
when out OF Court, as there was for that Of Justices in
addition To the power OF the county The acts
performed by Judges out Of Court had been very pro
perry enumerated by the gentleman from Spott.ylva-
mia The awarding Of wits OF ha5eas corpus espe-
cially, was always done out Of court.
The subject had not occurred TO the Judicial COM
mntee' or it would have been attended TO by them in
making their Report Ii acts Of Judicial power were
performed by Judges ont Of Court the Judges as well
asN cnurts ought certainly 10 be mentioned in the
enumarron Of the repositories of that power
| The question was then taken, aud the amendment
was carried; ayes 81.
The Report Of the select committee was now taken
| up, anu on mOlOu OF MT. STUART Laid mon
| the table, and ordered TO be printed.
Mr. GoIDoN moved to amend the 18th section.
(Which relates to the Governor by striking out the oI-
lowing word: "He shall be elected as follows; Al
the nrs election for members of the House If Dele
Gates to be held under this Constitution and every
hird year thereafter, at the times and places Of hold
ns such elections, IN the several counties aud corpo-
rate towns, oil this Commonwealth, the persons quail
ned 10 vote Tor members ofthe General Assembly shall
vote also, Tor Governor poll Of the vote SO given
in each election district shall be duly kent authentica
/ Ill. m hafn h. II A....
at their next annual meeting in such manner as shall
be prescribed by law. These poll. shall be examined
by joint committee of both Houses,-the number oil
votes gwen Tor each person as Governor, ascertain
ed' and the result declared by resolution of the &c.
neral Assembly. The person having the creates,
hunter OF vets, If that be majority of the whole
gver, and IL he be eligible to the office, shal
be declared duly elected Governor. II no such per.
son have majority of the whole number of votes yi.
ven then 1t hal' be declared that hath
made; and the General Assembly shall procp ed by oin
vote oil both Houses, to elect a Governor from those
now many soever there may be- il eligible, who shall
nave the two highest numbers on the POLLS" and in
serting in lieu thereof-"He shall be elected by Join
vote OF the two Houses Of the G neral Assembly,
Mr. q. said he had heretofore voted for the
oil Governor by the People, though he had fel
any very great solcAide on the subject because he
never had desired to con er that officer any addition
al Executive powers. The Convention had NO m ed ,ba
branch OF the Constitution an "a 10 render tho Coy.r
ncr more independent Of the Legislature than orme rlv
by extending hs term OF service 10 three years
OF one year, and by dsq aiifyng him from being re-
eecteu Ior three years thereafter, and still moro
prescribing that all votes in the Legislature should
given pipd uoce. This brought the Representative into
direct responsibility 10 the People, He considered
these guards sufficient: and he was persuaded ,b,
conducting the election in this mode would conuce n
the repcse OF the Commonwealth would there be
any just obiecti' TO it, where the Legislature wa. 50
formed that the People welded the power OF that body
He perceived from one clause OF the report. that the
committee had found difficulty OH the subject, as
they had proposed that II majority of the People
would not agree in the election, to devove upon the
Legislature.
This was case that might often occur; and h.. con
sideTed it as very improper, that after the People ha,
heen excited by an unsuccessful attempt to elect the
Chief Magistrate, the election should be thrown int,
the Assembly II would tend to introduce great heat
into that body. and might lead intrigue and
| ng. With these views he had concluded TO propos,
the amendment he had offered to the Conve n,ion
Mr MORGAN moved 10 amend the amendment, b,
inserting afer the word ell cted" the word /" annu
aly,-and on this nooD, he asked the yeas and nays
| They were taken accordingly, as follows
AfES-Messrs., Anderson: Williamson Smith, Os
Byars. Cloyd, Chapman, Ogesby. Laidiey, See Nor
gam Campbell Of Brooke, Wilson, Saunders, Cabell
and PIeasants-20 90.
NOES-Messrs. Barbour, (P) Jones, Leigh and Tay
| Tor OF Oh, Giles, Brodnax, Dromgoole, Alexander
Goode. Marshall of r., Tyler Nicholas Clopton, Cofr
man. man, Harrison" Baldwin, Johnson. M'Coy, Moore
Miller, BAXTER Mason OF s Trezvant, Claiborne l. r.
quhar,. Randolph Leigh of II Logan, avenable, Mad
i-on, Stanard Holiday. Mercer Fiizhugh, Hender
son, Cooke, Powell. Grges Mason of F., Naylor
Boyd, Pendeton, Roane, Taylor of Car. Morris Gar
nett, Mathews, Duncan, Summers, Barbour of G.
Scot. Green, Marshali Of f, TazsweIl, LoyaI, Prem
tia. Grigshy, Campbell of Bed, Clayton, Branch
Townes Martin. Stuart. Gordon, Thompson hTassie
Baes, N eaIe. Rose, Coal.er, Joynes, BiyIy, Up.
hsIr, and Perrin-74.
The question then recurring on the amendment OF
Mr. Go don,
Mr.. POWELL asked for the yeas and nays, and thew
We're ordered accordinpIy.
Mr. CLoProN sad that the opinion which his he ct
reflection had induced him TO form on this subject had
been indicated by the vote he gave, when the question
was before presented TO this body. The discussion
which hal occurred since, had not created in his mind
single doubt as TO the propriey Of election of the
Chief Magistrate by the People. But, he never had
gwen vote on any subject where he feared that his
constituents did not concur with him. Believing il to
ne the duty oil Representative, whenever his mind.
oy whatever means, had arrived at moral certainty
to the wishes of majority of his constituents TO obey
the present occasion, To give vote different frsm that
he had formerly given. He did this with the less re
uctance as he did not consider the con of Govern
or by The Legislature, subversive of the great pnci-
pies oil Free Government. Hn, therefore, concluded
TO yield TO the will OF those, who had empowered him
tive.
The question then decided by yeas and nays as
follows: -
AYES-Messrs. Barbour. (Preslent) Jones. Leigh q,
Oh. Taylor of Oh. Giles. Brodnax, Dromgoole, Alex.
ander, Goode, Marshall Tyler Nicholas Clopton John.
SON, Mason OF ). Trezvant, Claiborne. Urquhar Ran
doph, Leigh of III. Logan, Venable Madison Stanard
Holiday, Roane, Taylor Of Caro- Norris Garnet
Barbour of G. Scott, Green, MsrshaII of F. TazcweH
Loyal Prentis, Grigsby, Campbell OF Bed. Branch
lownes. Martin, Pleasants, Gordon, NJ AISLE, Bates
Neale, Rose Coalter, Joynes, Perrin-5O
NOES-Messrs. Anderson, CoIinan Harrison vii.
Hlfnc nn Rail Vrtr