Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1838-01-16
VIRGINIA LEGISLATURES.
house OF DELEGATES.

On m~oliotfos Mr.. Fisher,
Resolredr That the Committee for Courts Of Justice
be inslruc,edao inquire into Tie cS pediency of SO amend.
ing The lawsss tn place all deeds Of trust which ure given
as securltieStor the payment cf a debt or performances
of a duty, aH4nn The same ground with mortgages, 10 be
governed a4tte laws regulating that species Of incum.
brance; andplso 10 provide, that as ollen as the judg.
men's OF Iha Courts of this Common wealth. are subject
ed 10 legislative action, in regard to the time or mode Of
payment, " mortgages or other law, by whatsoever
name IL shaH be called, shall be subjected 10 The same
terms that Judgments arc, without being expressly nam.
ed.
MIR. STUART offered the following resolution, (amend.
ed al MIR. Hafrison's suggestion y
Resolred 5Bhc General assembly, That the petition OF
the Commissioner of line Free Rond, praying that some
provisions may be made by law for the payment Of The
debts due from the Board, DC, with the accompanying
documents, be. referred 10 the Board Of Public Works,
with Instructions 10 allow any sum II may conslder equi.
table. -
THa character of the above CHIN was explained by
Messrs. Stuart and Kinney, and The ~propriety Of making
an allowance earnestly enfnrced.
Messrs. MAY and WATKINS opposed the resolution,
and favored a reference OF the subject TO q Committee
Mr.. STUART finally Withdrew The resolulion-and on
Mr.. Mays motion, the petition in relation 10 the claim
set firth, was referred To the Committee of Claims.
Mr.. CooTrs offered the following resolution:
Ecs0ircd, That leave be given To bring in Il bill so 10
amend the law in relation Ia the relInquishmen nj Of dow
or and the execution OF deeds, as 10 make it lawful in
the county Of Rockingham to be done in the presence Of
one magistrate ana Two competent WITNESSES, VINO are
capable Of writing their names, and being freeholders Of
said county.
Mr.. Courrs explained the necessity and convenience
Of such Il provision for the county which he in part re.
presenled-and as it PROMISED n mere local measure, he
hoped the resolution would be allowed TO pass.
Mr.. STUART opposed tue resolution: and moved its in.
definite postponemcnl-which motion was agreed to.
On motion of Mr.. EEXaBLE,
RCS0trtd, That The 0mmilt on Finance be instruct.
cd 10 bring in d bill to provide for the payment of the
info rnci N The nnhi nnw dine hv The Cannon wealth. in
a medium at par with the standard current coin Of The
u. States; also, III the same way, OF the interest on iu-
turr lpans made by authority Of law.
On motion of MIR. STANDS,
RcSolrcd, That the Committee Of Roads and Internal
Navigation, he instructed 10 inquire into The expectancy
of so amending the law incorporating the City Point
Railroad Company, as to authorize the said company 10
borrow a sum Of money, not exceeding $4,000.
On motion of Mr.. GRAY,
RcS0rcd, That the Committee OF Roads and Internal
Navigation, be instructed to inquire into the expectancy
of SO amending the act, entitled, IAN act 10 provide i"r
the construction OF a road from the Pound Gap OF Cum.
bcrlard Mountain, on The Kentucky line, to the fincas.
tie and Cumberland Cap Rond,' passed March 23!h,
IS37, so ss to authorize a part of the appropriation from
the Treasury 10 be pnid, when tue private subscription
shall amount 10 $4,000.
MAJOR-GENERAL"
On motion Of Mr.. MALLORY, the following report was
taken up and read:
The Selec, Committee, 10 whom was refe rrcd Il reso-
luton. proposing TO ''prnceedh Ivy Joint vote with the Senate
on the 18Th instant. 10 the election Ut n Majrr General,
TO supply the vacancy occasiuned by the election OF Ge'
neral David Campbell as Governor OF this Common.
wealth" have had The same under consideratIun, and
have come TO the following report and resolution there
upon
Committee, is this-can the Governor conslIlutIonully
ard legally hold the commission OF MaJor.Generai,
while lc is GuvcInnr, The Constitution OF Virginia
article i, seclion i, dsclar.s- tI.a, the Governor '.shall
be commando -in-chiet Of the land and naval forces OF
the State. lie shall have power To cmbody The militia
when, in his opinion, the public safety shall require
it And The same article, section u, also declares,
lla, "lhe manner Of appointing militia officers shall Oe
prurided for by law, bu! no officer below the rank OF a
~lrisad;cr. General. shall BE- appointed by the General
Assembly" At The time Of the election of the presen,
Governor, he held. and still continues 10 hold, the com.
mission Of Mai nr. General in The militia OF tins Com
monweallh. The Commute have examined this sub
iect with some care, and have come to The conclusion
that the former appointment does not vacate Inc latter
and consequently there is no disqualification. The Con
s,ilu,ion makes the Governor, for the time being, the
Comnander.in Chief Of The forces Of the State, willIou,
creating any actual vacancy, and while In lie discharge
of his duties as Commander IN. Chief, IN virtue OF his
onnoin,men, TO the Chef Mngistracy Of the State, his
place, as Major General, would be supplied by the nex'
in command. Many instances might be mentioned, u
sustain the Committee in the view which they nave Ia
ken. One will be sufficient. Would Il member OF The
Executive Council, holding a commission IN Tho MI
lin NJ the time of his Election, be disqualified: Are
these two Offices incompatible or illegal? II they
are not, are the Offices of Governor and MaJor-Ge'
neral incompatible OF illegal, Suppose The Governor
TO he absent from tile seat OF Government, the senior
member of the Council, in such case, holding The Com
mission Of Colonel, and who would be the Lieutenant.
Gnvernor. would be Governor, COMMANDMENT. Chieiand
Colonel. The Committee are aware, that inconven!'
ences might result from blending The two appointment mis-
toyp,her and uniting them in the same person, yet they
have not been able 10 come to the conclusion mat 'ney
are incompatible under the Constitution. Under this
;mpressiou they consider it a question OF proprlety and
consis,e nov. 10 be determined at the discretion OF the
Governor, and if he thinks proper TO hold the Commis-
sion as Nlajor. General, he has n perfect right 10 40 so,
and the General Assembly could not be warranted, nm
der The Constitution and Laws, in making another cleo
Pesorred. Merrfare, as The opinion Of The Committee,
Tia, there is no constitutional or legal disqualification.
The report was then laid on the table, on motion OF
Mr.. PESDLEroN.
uEyEtco CONTESTED ELECTION.
On motion of Mr. PETDLEroS, The House resumed
the consideration Of The Report Of the Committee OF FRI
vilpnes and Elections, on The Contested EIectlon ifoh
IIPnrico County.
Mr. Sruy,sr moved 10 reconsider the vote of ycster.
d,v. admitting certain testimony under a notice alleged
10 be defective. A.
Boris and Sir. PEHDLETos sustained II.
The ayes and noes being taken, the question OF recon
sidern,ion was decided i'll the negatve-Ayes oil, Noes
Tho resolution on the vote of William Criltenden be.
ing under consideration, MIR. Robertson oolec'eo u the
admission of the testimony taken under the notice be-
fore referred to-und asked that the ayes and noes be re-,
corded, 10 test The question whether The House would
SETTLE i contrary to all legal principles,
Messrs. Rives. Chapman Of NJ, and whiting sustain
cd the admission Of the testimony, and Mcssrs. Bayly
of A., Bolts and Pendleton opposed it,
The question being taken, was decided IN The afhrma'
tive, BY the following vote
.g~ms-Messrs. Banks, (Speaker,J Poulson, RIves' kan'
dolph, Holloway, Jeler, T~uIiaerro, Byrd, Cobbs, Shanks''
TAR, Mallory, HUBBARD, Yanccy, ThoTnburg, Daniel
Chea,ham m, C%aslleman, Hill, Servant, snngs!er, Strange
Paisley, Keen, Wood She1rard, Chapman of e. and NJ
OgIrsby, Spencer, Edmunds, odei'' White, fIoWeTs'
Gins, Fisher, Burwell, Morgan, Chapman Of NJ, Bar
nett, Buck, Brown, Cunningham, Watts, Alexander
Fitzgerald, Voolfolk, Mcpherson, Adams, NJ Cny Gay