Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1838-01-24


which Mcssrs. Whiting, Bolts, Daniel,
Pendleton, May, Bayiy Of A., Ed
munds, TunstaIl, Mcdowell, Fisher,
Voolfolk, Mallory, Rives, Taylor of
H., Martin, Stuart, Segar, Peyton and
Buck took part.
! [The point in controversy was, whe-
Their person, living with female in
unlawful connection, was in the prop.
or sense the head Of family, and
therefore entitled to vote.
The resolution of The Committee,
declaring the vote OF Moses Throgmor-
ion an illegal vote, was reversed on
the motion Of Mr.. Whiting, and decla-
red to be legal--ayes 90, noes 90.
Thus reducing Mr.. Bolts majority, as
reported, to 2.
Mr.. Yancey moved to recommit the
report, but Withdrew his motion, at
the suggestion Of Mr.. Pendleton.
On motion Of Mr.. VenabIe, the re.
port was laid on the table.
On motion of Mr.. VepabIe, Resell
we'd, That the Committee OF Finance
be instructed to bring in bill to pro-
vide for the payment OF the interest on
the debt now due by the Common
wealth, in medium at par with the
standard current coin Of the United
States ; also, in the same way, of the
interest on future loans made by au-
thority Of law.
/ On motion oil Mr.. Mallory, the fol-
lowing report was taken up and read {:
The select Committee, to whom was
referred resolution, proposing to pro.
coed by Joint vote with the Senate on
the 18th instant, to the election of a
Major General, to supply the vacancy
occusioned by the election of General
David Campbell as Governor Of this
Commonwealth" have had the same
under consideration, and have come to
the following report and resolution
thereupon
The question involved in this case,
IT appears to the Committee, is this
can the Governor consttutionally and
legally hold the commission of Major
General, while he is Governor The
Constitution Of Virginia, article 4, Sec
ton 4, declares that the Governor
=" shall be COMMANDMENT chef of the
land and naval forces of the State
lie shall have power to embody the
militia when, in MS opinion, the public
safety shall require it," And the same
article, section 6, also declares that
the manner Of appointing militia Off
GERS shall be provided for by law, but
no officer below the rank Of a Briga-
der General shall be -apponted by the
General Assembly" At the time Of
the election of the present Governor,
he held, and still continues to hold, the
commission of Major General in the
militia OF this Commonwealth. The
Committee have examined this subject
with some care, and have come TO the
| conclusion that the former appoint
ment does not vacate the latter, and
consequently there is no disqualified
lion. The Constitution makes the
Governor, for the time being, the Com
mander.in Chief of the forces of the
State, without creating any actual va
cancy, and while in the discharge OF
his duties as Commander-in- Chief, in
virtue of his appointment to the Chief
Magistracy of the State, his place, as
Major General, would be supplied by
the next in command. Many instan-
COS might be mentioned, to sustain the
Committee in the view which they have
taken. One will be sufficient. Would
a member of the Executive Council,
holding Commission in the Militia,
at the time Of his Election be qualified
Are these two Offices incompatible OF
illegal? (they are not, are the off.
ces of Governor and Major Genera
incompatible or illegal? Suppose the
Governor to be absent from the seal
OF Government, the senior member o.
the Council, in such case, holding the
Commission of Colonel, and who woulC
be the Lieutenant Governor, would be
Governor, Commander. in Chief and
Colonel. The Committee are aware,
that nconyeniences might result from
blending the two appointments togeth-
or and uniting them in the same per,
son, yet they have not been able TO
come to the conclusion that they are
incompatible under the Constitution.
Under this impression they consider it
a question Of propriety and cor sisten.
cy, to be determined at the discretion
OF the Governor, and if he thinks pro.
per to hold the Commission as Major
General, he has a perfect right to do
SO, and the General Assembly could
not be warranted, under the Constitu.
ton and Laws, in making another
Election
Resolced, therefore. as the opinion of
the Committee, that there is no consti.
tutonai or legal disqualification.
The report was then laid on the ia.