Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1836-02-25
that the couse of the Governor wa. contrary to tn.


inded TO- was the transmission of resolutions of the
General Assembly when requested to do That this
the uniform practice, would denythcrefore il was
correct to say that such the usage of the Executive
Mr. said, he would not contend for this point; he was
DESTROYS that discussion this subject should be avoided
ne wished To get rad of all hsca viii and to proceed with
,he business OF legislation, which had been long neg
lected Tie was willing accept this modification ir
the House would ngrre To il.
MIR pAssER. Does the gentleman acccptit?
Mr. WATKINS. So far as | aui concerned 4 do
nir. BOOKER object to the modification
Nir Borrs wished to know whether any gentleman
could point To case in which the Governor had
United resolutions of the Legislature, when he thought
them unconstitutional.
Mr.. FoSrAiNE wished the gentlemen would relio-
qush their objections to the cndInent. He did
MINK u at all important, any question involved
IN II which afforded fair ground for opening disc usson
again upon this subject 1t had been ascerained that
the Governor would not send these resolutions and
some other means of transmitting thcin ought be found
I'VE hoped Tie subject would be disposed OF without fur
thcr delay.
MIR MADISON said he also objected to the modification
OF the preamble lie considered the refusal of the Go.
vernon to transmit these resolutions, in direct conflict
with the usage of the Government. When did Cover
ner ever object before TO comply with such equesp In
all other the Executive had complied but in this
they had refused OF what consequence il to the
House what were the of the Governor for this
determination! The terms al the request to which he
nad objected were not the only ground OF his refusal
Ills main objection be, that he considers the
solutions unconstitutional MIR. NJ. did admit tho
ny q" The acts oil the General Assembly No Governor
ad ever before pursued similar for any reasons
present form were entirely acceptable 10 Mr. NJ.
Mr. POWELL wonld make remark to the gentle
man from Prince Edward Ii il were contrary usage
Tor the Governor to decline transmitting resolutions of
the General Assembly, also contrary TO usage
ior Tie Speakers to transmit them So that il there
strength in the objection made in ,he gentleman from
Coochiands preamble to the conduct of the Governor
II applied with equal force TO the proposed to
remedy the Governors refusal The objection a de-
Parture from usage applied strongly the
the Other tie though therefore, that the consist
ency ought 10 induce gentlemen to allow the preamble
to be modified as had been proposed.
Mr. WiTcHEE said ii certainly had been usual for the
Governor To transmit such resolutions bat SO far az Ire
knew, tins was the first instance in which Governor
nae ever conscentously differed with tine Legislature
upon the constitutionaity of their resolutions. But
tins was not the only objection made by him. The Le
gslature had asked hun to add his request TO theirs
that the Senators should lay those resolutions before
the Senate. Here two objections strengthen
ing each other He believes the resolutions unconsi-
tutional and cannot therefore, conscenously comply
with this request of the Legislature. 1t is true that
the course OF the Governor usual; but the cir
eumstances are peculiar The gentleman from Prince
Edward insists that ii is contrary usage refuse TO
send the resolutions; but Mr. w. did moi think the de-
parinre an important You know Mr. Speaker that
the LIE ssature of Virginia have some instances sent
messages the other States by express and have fe
qnenty transmitted them through the Speakers He
did not think therefore that the usuge mentioned the
preamble was OF 80 much Importance gentlemen were
| inclined 10 make IL.
Mr. Wilson of b. also objected to the podscatjsn of
The preamble. lie considered that tue (iovernof had
departed from the usage OF the Commonwealth and he
thought IT important that IL should I've set forth His
impression was, that the resolution had requested the
Governor So request the Senators but 10 convey the re-
quest oflbe Legislature the Senators He therefore
though! the Governors objection without sufficient
foundation.
The question then put on accepting the rnodfca
on l" the preamble, and decided III the negative; ayes
50, noes "a.
ing after the words just refused be stricken out these
mt tho aforesaid resolutions our said Senators" 20
that the record should NOT belle the fact
rms motion was negativcd without count
DIT CiLMEe SAID, as IL seemed TO be the determine
on oil the friends of this proposition, the statement
as TO the usage ri the Executive should w retained he
would ask ia single instance could be cited in which
overn" had been asked to do what the Expunging Re-
solutions asked: Not instance had referred to-
hat which the gentleman from Goochand had cited
was request a. Governors To lay the resolutions
before their respective Legslatues-bu no case could
oe pointed out where the Governor asked request
Senators TO lay resolutions before the body which they
belonged.
Mr.. ooLFoLK asked the gentleman from Albemarle
u there was instance before of Governor reius
ing to transmit resolutions OF the General Assembly?
Mr. GiLMER. As it has become the fashion to answer
questions III the Yankee mode, by asking others-I ask
the gentleman from Orange when was That the Gene
raj Assembly ever before requested the Governor to re-
quest The Senators To lay the resolutions To be transmit
ted by him. before the Senate? II been assumed as
historical fact, get inslaace OF the kind is or
can be cited.
The question being then nut on b., resolution i, ,
adopted. ~
The question then recurring the Preamble,
MI SrASARD asked whether self yect did not re.
qure the House TO strike the statement as To lis,
usage vi The Government when il was not known that
such was The usase-nnd as far WINS known such an
usge ad been proved not 10 Believing that The
statement was not founded Oh fact Mr. S. must vote
against the preamble.
Mr. MILLER saId all agreed that il was the usage OF
the Legislature to request te Governor transmit re.
solutions OF instruction. Senators; and that il was
The usage OF the Executive comply with Thai reoues,
AS the request whirh asked the Governor To make 10
the Senators involved expression Of opinion bv him
nc cooId mol have been committed involved in com
currtnceof sehtmeni by cOm wing with the reoes Of
the Legislature Mr.. NJ would not advert to the res
sonn5 Oh the Governor. he regretted that he had re-
iSed 10 transmit the resolutions and thereby rendered
the present proceedings necessary: But us was mnt
Ter OF iae that had De1n the usage of the Executive
10 transmit resolutions 10 Senator'S when reossssod
To DO SO bc was bound 10 vote ior the preamble.
Mr. BRowN OF T., asked whether the House on chit nat
10 require That the pTeaable should be worded accord
ing TO the facts. IL seemed satisfactorily established
tat II had not been the usage Tor the Governor To trans
mt resolutions OF the Legislature ander alb the cireusa
stances ct the present lie therefore thought the
adoptIoh OF the preamble would be sanction declafa
ton aot strictly true, and lac shousd therefore yo.
agane. it,
ihs ayes and having been ordered on noton az
MI Morris t,e question then taken, and il WAS
adopted by the following vote:
'7Jss -ihcssrs. Banks, (SPcnker0 Layne Wiiov
Garland of A., M'Clintie, Miller, Wilson of o.
camps, iurnbull Mallory, hooker Asstin Beuilring
Danlel' Samnel tIcharGson iIill, Vaughan Smith of
Fauqu'er Pnce Sirangsi Stegesr Holland, Bowen Da-
yison, WAITS, Watkins, Hail Of e. Coleman, Sloan
Nixon, Goudal Harrison, Kinchploc, Fontaine Flee,
ilooe, RobInsOn Neil Iys, Siraton Harris Rapsd,e
iayior OF o. X NJ Rogers, Garland Of NJ. Wiley
horgan, Chapman. Inglcs Sierrard Brown of Nelson
Cooke, Leland, Voolfolk Almond Adams MI no
Dackey, Hopkins, aroll Madison, Stands Williams