Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1836-02-25

usage of the Executive The usage of the Executive all
ludcd to- the transmission of resolutions of the
General Assembly when requested to do That this
the uniform practice no would deny-hercfore it
correct say that such the usage IF the Executive.
Mr.. W said, he would conlerd for this point; be
drsrous That discussion this subject should be avoided;
he wished 10 yet rid of all thscay and 10 proceed with
the business OF legislation, which had been !ong neg
Ircrd Fe was willing to accept this modification, It
the 1tnusc 'a"nJ aurre To- it,
T.thEK:R Does The gentleman acc"pit
Pr. NATRI*S. So lar ~ ! ar, cuucrrurd do.
Mr. l5"okLn ol rtL IT. The modification.
Mr.. BORIS wished I" anrw whether auv gentleman
could point |" case IN "mb The Governor had trans
United resolutions ri ihe Legislature whcu l thought
bem unconstitutional:
Mr FoxT,I>E wished TN, gentlemen would rcliu-
Guisi their AFFECTIONS TO the amendment. lie did not
think it at all !ipprlan nor was any question involved
in which afforded far ground tor opening discussion
again upon this subject. 1t had been ascealned that
thu Governor would rot send obese resolutions, and
sona, other means at transmitting rlrm nughto be found
tie hoped liu SUBJECT would be disposed Of without fur
ther delay.
Nj. MAuaoS srid he also objected to the modification
Of the preamble lie considered thu rrilISa OF the Co
vernon To transmit these resolutions. IN direct conflict
with the us"g- of the Government. Whca did Cover
nrr ever Object before 10 comply With sach request IN
all other cases the Executive had cul,hsd, bat in this
lhey had refused. OI What consequence was It 10 the
lloase what were the u the Governor for this
determination: The terIos al ls request .o which he
had obJec!ed were not tie only ground OF his refusal
ilS objection tn he, that he cUsiC<r3 the
solutions unconstitutional. MIR. NJ. did admit the
right m the Governor To decide Epun the constitutional
Ily Of -. Of the General Assembly, no Governor
had before pursued Il similar FOR any reasons
wIat"rrrr a"d the preamble and resolution III their
present form rna1rly acceptable 10 Mr. NJ.
Mr.. PnwELL would make renIa:i to the gentle.
from Prince Edward. If it contrary usage
for the Governor to decline transmitting resolutions of
the General Assembly, was il NOT also contrary To usage
Tor the Speakers To tanynt them So that 1t :heye vas
any strength IL The Objection made in the gentleman from
Goochkrlds preamble 10 the coaduct Of The Governor,
it applied with sG:a orcr To TIC measure proposed 10
remedy the Governors refusal. The objection TO a de-
parurc from usage applied strongly to the one case as
the other He :h'u.h therefore, that the mere consist
ency ought tn induce gentlemen To aIw the preamble
10 be m"1!!cd rs had been prvluscd
Mr.. ErcEER said it certainty bad been usual for the
Governor 70 transmit such resuutionS but so tar az he
knew, this tie first instance in which Governor
had colsscent:ousv differed WITH the Legislature
upon the consnlionality OF their resolutions. But
this sile on objection made by hum. The lie.
giSature had ASKED Ism 10 add his request to theirs
hat the Sc1ttors should lay those resolutions before
the senate Here were two objections strengthen
n.. each other lie believes the rrs!loaS unconstt.
tutiunal and cannot therefore,, CusCxn:lOcSy comply
with this request Of the Legislature. 1t Is true that
the OF the COVERING not usual hut the CIR
Iun,sanc..s prcaGur Tie gentleman Insu Prince
Edward insists that contrary to usIc, to refuse to
send the resolutions. ht Mr.. w. did nnt think the de-
paturc i'm ,prant You know Mr.. Speaker, that
the h. isIaur Of Virginia have III instances, sent
messages to The other States BIZ express an" have ire
FIentlT transmitted tnm through the Speakers. lie
md moi think therefore s5rt tie u5uyc mentioned in tho
Ereaub!c "t much Importance gentlemen were
inclined 10 make Il.
Alr WlsuS Of B., also objected to she modification Of
the preamble. IL considered that the Governor had
departed the usage cl the Commonwealth, and he
thought lup ,rlan: th should ~ be SET FORTH HIS
impression WAS that the resolution had not requested the
Governor To request the Senators, but to convey the re-
r,acs, ii The Legislature 10 the Senators lie therefore
thought The Governors oticclvn wi.!!nEt sufficient
iv:nuat;on
The question, ,hcn put rsrsg the lno!lfca
ton The p.r.lsber and decided III tln negative; ayes
3d. noes "a.
Mr. PARKER moved 10 amend the prcambc, by insert
ing after The words just refused to be stricken out, these
words: supply ir relates 10 the request to trans
nit The aforesaid resolutions to said Senators,
that the record should not belle the fact;
THIS motion was mrgatlVcd IS ioEi count
Mr.. GnMEE sd: iS it seemed tu be iIlc determine
tim Of the friends o tns pr"p",t,nn That tie statement
the tsag" II thu Executive, should be retained, he
would ask H. single instance coud H. cilEd, IN which
Governor had icn asked To do what the tXpunging kc-
solutions asked: Not Instance had lccn referred to.
That which tlr g,ntlcnau from Goochland had cited,
WIS request io G0Yern7:s to lay the resolutions
before hc;: respective Lr;>alnrcs-b"t no case could
BE- pointed where the Governor asked to request
Senators lay r%uSstOns before the body to which they
belonged.
Mr. " oorrorK asked the gentleman from Al5emarle,
ii there instance before OF Governor rclus.
mr. to transmit cslllipnS of thu General Assembly:
Mr. GI.aER. rs i has become the fashion to answer
questions in ,hc Yankee mode BY asking olhcrs-l ask
tue gentleman frnM Oranyr when II was that the Gene
raj Assembly before cqHested the Governor TO re-
GUEST the Senators lay the resolutions to be transmit
tr! by him. before c Scnac: 1t has been assumed as
historical! la"t ye! not one instance oil the Kind 49, or
can be cited.
The question beng then ,nt tc resolution, it was
adopted.
II Tho prrap
Mr.. SrASAED asked whether sell Icsspcc, did not re-
qu;rr the House ~ strike uut the statement 10 the
usage Of the Government, ben It was not known that
such the Saycant as far rs was known, such az
usage l, bcru paved not Ia exist. Believing that the
statement no, founded fact, Mr. 5 must vote
against the preamble.
mr. Miller sad, all agreed thai it was The usage Of
The Legislature 70 sequrst the Governor to transmit re-
solutions of instruction to Senators; and that It
the USAGE Of tlt Executive comply with that request.
As the request wS,,ch asked the Governor TO unke 10
the Senator'S involved expression OF opinion by him,
he could rot have been committed, or involved IN con-
Of scntlIrn by complying with The request OF
the legislature Mr.. VI. would nul advert 10 the rea-
so,,rg Of the Governor. lie regretted that he had
fused transmit thu resolutions, and thereby rendered
the present proceedings nccc>sary But as It was mat
ter Of fact that had been The usage ot tie Executive
transmit resolutions 10 our Senators, whe. requested
10 do so, ie was bound 10 vote iOs the prcanblc
Sir. BEowN Of P.,mskcd whether the House ought not
to require that the preamble should be worded accord.
ng 10 The facts. 1t seemed satisfactorily esablshed
that it had been the usage for the Governor to trans
init resolutions Of the Legislature under all the clrcun
stances of the present lie therefore thought the
adoption Of the preamble would b. to sanction dccIarA-
ton not strictly true, ind he should therefore vote
against it.
The ayes and having been ordered on motion Of
Mr.. BORIS, the question was then taken, and 1t was
adopted by the following vote:
.dyes-Nessrs Banks, (Speaker2 Layne,. Wiley,
Garla:d Of A., NJ Clintie Miller, Wilson Of B., De-
camps Turnbull, Mallory, DoUkcr, Austin BeubriDg,
Danri, Samuel, Richardson, Hil Vaughan, Smith of
Fauquier, Price, Srnngc, S,egrr, Holland Bowen, Da-
yison, Watts, Watkins. Hail Of e., Coleman. Sloan,
Nixon, Goo!nl Harrison, Kinchroe, Fonaine, Fleet,
Hooc, Robinson, Nril Hays Straton Harris, Ragsdae,
TayIo. of NJ. & NJ Rogers, Garland Of NJ, Wiley,
Mnrrnn Chanlnan Innlcs Shrrrard, Brown Of Nelson,