Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1846-01-29

latuIe in favor oi granting an act Of incorporation
10 said town.
BY Mr. WATTS, remonstrance Of sundry
cit Zens Of Portsmouth, against lie petition II
sundfy citizens OF said town. praying Tie iucorpo.
| ration ci The town.
By KILBY, Of citizens Of NansemonI county
praying for precinc, election a, Chucsatuck in
/ said cuunly.
By Mr. GOARE, Of citizens Of Logan f.r
an act dividing the l29ih Regiment in said coun
".
BY MI. LYONS, of John S. Ga,ewo ask.
ing conn en>alion for a horse lo>t ~ him IN he
public service during The late war
! BILLS PRESENTED
10 create College Fund out Of lie accru;rr
CAPITAL OF The Literary Fund
! Authorizing the Trustees OF The ,ovn Of lev.
| ington m The county OF Rockhritse, 10 use lie
County Jail Tor certain ruipc sss.
Authorizing The Yirgi1ns Lodge No. 2 d ~.
Independent Order Of Odd Fellows. in he cily III
Wheeling, 10 hold Limited amorn! of prorefy
| and regulating their tenure
Concerning VIM. II. Dickinson Of tie ciiy ii
Richmond.
Releasing The Commonwealth's costs incurred
IN The prosecution OF VIM Normeni. 10 he ian.i-
~ Of said Normen,.
The order Of The day on The bill for taking he
sense Of the people for the call OF a Conyet,ion
Tor amending The Constitution Of this Stale and
Tor other purposes, was, on motion OF Mr. PEN
DLETON, postponed until tomorrow al II o.
clock.
An enerossed bill concerning Jane Hailsoek
was taken Up, on motion Of Mir. CHM, and
read third time, and The question being put upon
lis passage was determined in the affirmative The
merits OF iie bill were dwell upon at great length,
the whole day being consumed in The discussion.
Mr. SCOTT referred 10 The exercise Of tie
power Of pardon in England and insisted that !.
did not necessarily apperain to tie Executive &c.
partm,nt, but was exercised by Tie Executive in
those cases in which The prosecution was contGc-
ted in The name Of The king He commended Ia.
the pardonns power was properly 4 Legislative
function. The Legislature had The power 10 II.
peal the entire penal code and to5iiori il had the
power 10 commute the punishment OF offenders
he had no doubt of The power nor Of he Tropiie.
" OF exercising il on The present occasion. The
circumstances OF this case showed that The !nd-
vdual concerned deserved some punishment, tut
not the severe punishment prescribed by the eX.
isiing law.
Mr.. EDMUNDS remarked that The hi pc.
poses TO direct he Judge to erter a judgment ar
sentence OF Imprisonment for ten years in lie Peg.
i,enary, instead OF death fer the crime Of af.cr.
The prisoner conserving 10 The Judgment and scr.
tence He believed this Legislature had no Cor
slitntonal power 10 pardon 81 commute ruEi>n-
ment. The Constitution had separated The Le-
gisla,ive, Executive and Judiciary Departments
ol the Government, declaring that each shall lie
separate and distinct, 50 that neither exercise ne
yorers properly belonging 10 either OF The others
The fourth section Of The fourth article defines
the powers Of the Executive. He shall have
power 80 grant repr,erss and paJd0nS except
where the prosecution shall have been carried IN
By the House OF Delegates, or the law shall
Otherwise particularly direct" This sccti'n
grants 10 The Governor the iull power 10 giant II.
prieves and paTdons with The exceptions stated
The grant is specific and full-ceariy defined
and vested IN the Executive department. The
second article prohibits either OF the departments
from exercising the po,rerS p'opcIig belonging 70
either Of the others" The enquiry is submitted.
whether The power Of pardonue properly belors>
TO either OF The oihers7 The express grant a
this power surely vests lis proper exercise in The
Executive branch Of lie Government. Il "pro.
perIy belongs" 10 the Governor, because il has
been expressly granted 10 him. and expressly grant
ed 10 no herdeparment. Il properly beloneSfo
him; and the prohibition is then express. Neither
exerciselhe powers properly belonging 10 tie other
be would further state, tina, the partoning pow
er is one OF the great attributes Of sovereisntr--
can be granted 10 an agent only by severe ign.
The sovereign power is vested, and resides in the
people of Virginia not in his Legislature. Tie
people in Convention assembled in their sove-
reign power, have depued this attribute Of sover-
eisniy 10 the Executive, as their agent. The
Executive is their properly constituted agent 10
extend pardon-to commute punishment. They
have thought proper to vest This attribute OF scyc
regnty in him, and they have prohibited The oihcr
branches OF government from exercising power
properly belonging 10 the other. There is n.
thing in The Constitution which grants concurrent
yo,rer oil pardon 10 the Legislature. The people
have depuled 10 The Legislature legislative pow
ers-tbe attributes OF sovereignty that pertain 20
the making OF laws. TC-the Judici0rU. they have
granted those attributes OF sovereignty that belong
10 The judicial functions To the Executive, they
have granted the powers properly pertaining 10
The execution OF The laws, when passed " III
Legislature, ard when judgment i proncurcei
by the judiciary. These departments are, ard
ought 10 be, separate and distinct. They should
never be Blended. The Legislature should nyl
encroach on The Executive ind especially tkey
should not usuIp he power OF pardonins, or com.
mutiDg punishment. when that power is express.
ly granted 10 the Governor He was compelled
10 resist lnis law, and lie hoped it would be re-
jected.
Mr.. LEFTWICH commended That the L,gi.i.
ture was the representa- tive Of The popular WILL
and authorized 10 exercise all powers not prohli'-
ed by the fundamental law. The power being
clear, ne would enquire whether il was proper 10
exercise the power on this occasion? The Con-
mtee had examined the circumstances OF lhi,
case, and were decided In the opinion that TINS
was an occasion upon which The power could
properly he exercised by the Legislature
Mf. BOCOCk said that the paTdonin2 powe:
was not exclusively an Executive function. tuI
granted 10 the Governor with this restriction, that
il may be exercised, except where the LEGISLATURE
sbal Otherwise by law particularly diEecI. The
Count, The jury, The person injured, and, indeed,
the whole county, have expressed 4 opinion lbat
the punishment Of death was ertaer than could
with propfiety be inflicted in this case. The Le-
gislalure has The authority, granted by the Con.
siiinlion. TO direct by law, where The pardoniug
power shall not be exercised by the Executive
Mr.. EDMUNDS replied that this cons,iu-
tional provision was mere limitation upon lie
power Of The Executive bu, ho, grant Of power
10 he Legislature.
Mr.. BOCOCk. The Legislature is he gene
raj agent al The Sovereignty OF Tie State, While
The Executive and Judiciary are mere spcoia.
agents. TIE power j. granted, in modified ioiw,
& The Executive, subject 10 Tie tirt clion 81 tie
Mr.. EDMUNDS. This House is no, The
agent of the Sovereignty. |, has specific powers,
precisely as The Executive and Jucical dtpau.
menis have, which alc pre-. crted by The CoI>,i,u-
ton.
Mr. LYONS could mol vote Tor his or any
similar bill. lie would not enquire into The OH
gin OF the powers OF government either in Ing
land or in this country. The provisions Of lie
Constitution alone would decide he question be-
lore The House. The constitution provides lhsl
in certain cases particularly excepted by Law,
the parduning power should not be exercised by
the Executive. There would he no ultimate par
doning power in any other department o he
Government, than in The Legislature, II ibis pro-
vision Of The Constitution auhori2 ne he Lee
oslainre 10 direct hen The rardrniDg power
should be exercised, can lie construed as apply,
ing 10 every case after it has been JndicislIy de-
cided. The tue meaning Of The clause OF II"
Constitution is, hatifthis power be exercised ct
il shall he exercised by The Executive, ard
when not 10 be exercised by the Executive,
il shall not be exercised IN any case. II The e
gisaure can determine by whom The pardonns
power may be exercised il may vest it in any d
The Inferior tribunals in the land Is it prorer
that this power should be exercised in any case
by the Legislature Should we substitute lie
lie nr LEGISLATION for the courts of iustice Ia