Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1831-02-15
HOUSE OF DELEGATES

-.
FEBRUARY IIth 1891.
Fhe Senate have passed the bs-1, Regulating
the penalties OF Shcris bonds Q, They have agreed
TO the amendments of the House of Delegates to
the bill concerning recommendations of Justices of
the Peace.
MIR. Brodnax edverted to the doubt left by the
constitution as to the mode of designating the Semi
or Councillor or Lat. Governor, and what BODY was to
decide by lot which Councillor should 90 out first
second and third The difficulty was peculiar to the
present election. and could not again recur. Mr.
BrodnRX read the clause from the Constitutions and
then submitted the following resolutions:
Resolved by the General Assembly, That for the
purpose of etfecting the provisions OF the fifth sec
ton eft the 4th article OF the constitutions that mem
Der OF the Council of State who shall be first elected
by joint vote Of both Houses of this Gensral AS
senbiy shall rank and he regarded as the Senior
Councillor and 1t. Goyernor--snd the member next
elected as aforesaid the next in seniority.
And Resolved also, That so soon as all three of The
| members of the Council of State shal have been
elected as aforesaid, joint Committee of both Houses
composed Of members of the House OF Delegates
and - members of The Senate, shall be appointed,
who shall Immediately proceed to designate by lot one
of the said Councillors elected to remain in office
for one year only, and other of the said Coun-
ciors to remain in office for two years only. And
he report of said committee being agreed to by both
Houses, shall be regarded the constitutional de-
slgnaon by lot of the terms during which said Coun-
cilors respectively shall remain in Office.
Mr. Miller of Powhatan, dssen ed from the gentle
man from Dnwddie with reluctance: but in his opin
ion this was superfluous Legislation. Tne Council
Tor first elected he presumed was the Lieutenant Gu
vernon What right had TO interfere in this BE-
parnent? The constitution had required the Senate
to- be divided into classes yet this House had not
felt itself caledupon to interfere He thought the
proceedings superfuoGs.
Mr. GallaheF moved TO lay the resolutions for tho
present on the able, but withdrew it.
Mr. BrodDaX assured the gentleman from Powha-
tan that the opinion was general, that reghar
ton was necessary, and replied soms length in
sistng upon the doub left by the constitution as pro-
ducng a necessity for Legislative nterposrtIon As
to the argument derived from the classification of the
senate, 1t was not parallel, for obvious reasons Mr
b presented number of views IN reply TO Mr. nj.
Mr Miller OF Powhatan urged again the propriety
of not interfering with the executive, and the obvi-
Gus Intention of the constitution TO make the Coun-
c:Ilor first elected senior Councillor or 1t. Governor
Mr. Williams of Shenandoah deprecated the inter
ference of the Legislature in matter of constitution
al settlement. He expressed the belief that the
constitution designed to constitute the Councillor
Lit. Governor, who by lot, remained in Office but one
year.
Mr. Gholson supported the resolutions, and moved
to amend by declaring him the Senior Councillor who
shall receive the greatest number Of cotes, intending
to follow up the motion by resolution to elect all
three Councillors at once mode which he prefor-
red for various
Mr. Leigh thought there was neither necessity nor
propriety in passing the resolutions The whole
question was, who was the senior Councillor or 1t.
GOvcrnor?--a question settled by the Constitution
itself The Councillor first elected was undoubtedly
the senior Councillor and intended to be the 1t. Co
Mr. Goodc derived argument in favor Of adop
ing the resolutions and declaring what the Constitu-
ton was, from the variety Of opinions expressed.
He concurTsd with the gentleman from Shenandoah
that the Councillor who allotted to 60 out of
office first the senior Councillor, and moved to
amend Mr.. Gholsons amendment by so declaring.
Mr. TerriIl moved TO postpone the resolutions and
amendments indefinitely.
Mr. Morris read the clause of the Constitution in
dispute, g. argued from it's terms that the first cleo
ted Councillor was the 1t. Governor The lot
decided only the times Of going aud did not settle
the question of seniority. Mr. Morris opposed the
election Of all three Councillors ct inpracti
cable. presutDing At not intended that plurality
should elect.
Mr. Bayly said the practice under the old constitu-
ton that the first elected Councillor took p7ecc
dcnce Of the others; that practice the constitution
evidently intended TO rc-adopt.
Mr. Barbour supported the same views; when the
resolutions were postponed almost unanimously
Mr. Garland Of Nelson, from the Committee G.
Roads made Report on the general subiec, Of Ia
ie-nal luiProv9me1gs.