Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1851-02-25

wise particularly dir,ct. 10 conduct either III PEI
.oa o. in such other manner rs shall be prescribed
law, all intercourse with other and foreign states "o
during the of the Legislature to Nh To feo''
all vacancies i'll those offices for which the Constitu'o
and Laws make no provision: Proridsd, That his AZ
pautments 20 such vacancies shall be- b. commission
expire Ut the end Of thirty days after the commencement
of tine session Of the Legislature next preceding the d
OF such commission
sir. FUQUA move that the committee rise
The motion was agreed to- and the committee accord
ingy rose;
And then the Convention adjourned until tomorrow
morning 1T II o'clock.
/ FRIDAY, February, II, 1851.
Tie Convention met pursuant to adjournment
! Prayer by the Rev. Mr. KELLER of the Episcopa
Church.
The Journal of the preceding day was read and sp
proved
CORRECTION OF THE REPORT.
Mr., STRAUGHAN. SEQ in the supplement Of the
morning that motion which made by the gentle
man from Luncnburgh (Mr ScoGGS i. reference to til,
ckauee of the hour Of meeting from II to o'clock ha,
been attributed 10 NO. ask that it may lie Corrected
THE EXECUTIVE DEPARTMENT.
The Convention then, motion of Mr. WHITTLE
resumed the consideration in committee Of the whole
Mr WATTS of Norfolk III the Chair Of tho report OF III,
committee Oh the executive department.
FoWER or TIE GOVERNOR OVER TIE MILITIA.
Tie CHAIR stated the question to be on the 9TH sec
ton w!c! WAS read BIZ the SECRETARY rs follows:
j. He shall take care that the laws be faithfully exc
cuted; ha from time to time communicate to the Leg
stature the condition Of tho Commonwealth and recon-
men TO their consideration such measures he may
deem cxpcdent He shall be commander in chief of thu
land and nav. forces of the State shall convene til,
Legislature application Of majority of the member,
of both house. OF the General Assembly when III hi,
opinion the interest Of the Commonwealth shall require
IT, He shall have power TO cmbody the militia when.
in his opinion The public safety shall require to re
nit fines and penalties under such rules and regulation.
as MA; be prescribed BY law 10 grant repreves enc
pardons. commute the punishment except whcu tile
prosecution shall have been carried by The House
Delegates the law shall otherwise particularly direct
conduct, either III person or III such other manner
shall he prescribed by law, all intercourse with othe,
and foreign States and during the recess Of the Leg.
!are, FILL pro eanport all vacancies il, those office.
fpr which the constitution and laws make provision
Prorild Tha! his appointments to such vacancies shall
be by commission To expire nj the end ." thirty day
after the commencement of the scsson Of the e.,sla
tnre next succeeding the date Of such commission.
VI. SMITH Of kanawla. Yesterday evenn. whe.
TIN. clause was read was the first occasion on which nv
attention vas called il, and hearing read il >:r;c
me that proposed 10 grant to the Governor most extra
ordinary powers. and such ought never To te gvca
n.. will call attention 10 the clause i'll this sec
ton which -truckme is being improper. 1t the word
And he shall have power to embody the militia whe
IN I- opinion In. public safety shall require per
ceive il j. an from the existing constitution bu;
the fact That il is ti!s extracted is to my nlind
why should continue it III the instrument. You will
perceive that the power given to The Governor cal
ou the militia is limited only by his own discretion
and whether IL he IN Ill or sound dscre:icn he aon'
10 exercise it, Tier" may occasions arise when TIL.
power may b. very much perverted By Governor
suppose that the Governor should belre ha. law
The general government adverse - the interests
The state or which NIGH. be in Lis Judgment unconst
u ora here is power gwen 10 Lin, II III the exercls,
vi hi, discretion lie should deem it proper 20 call
lie militia to resist the execution Of that national law
Again suppose that North Carolina MARYLAND
other state in the Union should become little rerac.o
~ am resolve 10 resist the laws OF the Union the Gov
c-ner Vested with the discretion 10 determine thai IT,,
public sa'cty requires that the militia should be calico
nui to nd im the resistance of that law do not So,
that lis power ever will be exercised in this wav. bu
T.. power hus to exercise il certainly exists under this
clause Il the report Of the committee and ii nay IT,
exercised u the connl:ite may well see, IN manner
mos, alarming AMI dangerous to tn rights Of The PEG
pie. ner,l in this discussion descant on our COZ
s;tuona rights. and NY opinion IL that i. IS
proper to coninc ourselves strictly TO hc questions in
controversy before the Convention.
50. st these objections 10 the clause cf The report
with all due Difference or 1t has not confess. received
rch consideration on ny part. think tie cau.e la.
been copi,a ro,. the old constitution upon trust n ii
:
rars of the committee to the effects which might re-
SHIT ioia it, There may however be good reasons why
il should remain they have reported it, and which
NAV bc sufficient satisfy and remove my objections to
it, bat il none be given other than the fact than
is 50 found in our present constitution that alone Will
not satisfy NE that it ought 10 be retained hope that
the chairman o. any Of the members Of the committee
who have had the subject under consideration may give
some reason for retention In the absence Of any snc
reason however move to strike out from the sector
the words when in bis opinion the public safety shat
require and to insert in lieu thereof the words, TO re-
pei Invasion to suppress instruction enforce the ex
ccution Of the law and for such other specific purposes
only =. NAV be authorized by the legislature The
clause thus amended will read Is follows:
al. shall have power 70 embody the militia TO repei
invasion to suppress Instruction to enforce the execu
ton of the law and for such other pecitc purposes on
IL % may be authorized By the Legislature.
This puts the whole subject under the control OF the
lco.a,re and il will not be in the power of the Gov
,rnor II his political notions should happen to be in con
ct with those of tho Union and of the whole state, L
call ont the militia against their own Judgment and
NIGHT be on an occasion that would result in tho sever
once of this Union or in putting this state IL conic
with the other states Of this Cuion
/ Mr. WISE. ! beg leave 10 suggest to the gentleman
from Kanawha that he had better modify his amend
ent 50 a. TO reach his object do not think the amend
meut which has been sen. the chair does roach tn
very proper object which he has in view. concur VIII
him that ought To unit the uscrellou u lnc E".
tive in calling out the militia. Now, If he may call
or to repe invasion, TO suppress Instruction and Il
enforce the execution Of the law it leaves the discretion
inst a. latitcinous as it is now because the Goveno
will lc the Judge when invasion is coming: he will b
the Judge of course when there danger nj insurrcctor
and he will be the Judge Of the manner OF enforcing IN
execution of the law Now there is Phrasco'cgy which
the gentleman may adopt which will reach his purpos
better | concur with him fully in that purpose, ant
suggest 10 him this alteration that he shall have powe
to cmboly tie militia in OF actual invasion ana nc
ta resurrection and when called upon BY the judiciary
or the legislature to enforce the execution OF the law
eases of The actual the authority Of me court
know Of no occasion in the execution OF the laws "he
the power necessary be exerted excep, In cases oi re
sstance TO the judicial authority When the shsrins 10
example cannot execute the law and the Judca auto'
liz of,he courts it will be tine enough Tor the ''oVerno
to execute the law when called upon officially TO 90 So
can very we'll imagine that Governor Win Pal'lcu
lar set OF opinions either extreme OF me othe
NAV choose to Judge when instruction OF INVASION
coming. that it is almost upon us, or he may create
danger br choosing to suppose danger, ana may ca
our the militia to war upon something OK o'hei th".
socrca tons would not give him that discretion !
j power Of which We oug ht to be very chars "oo'
wal, I'm, there was actual invasion or ac'u iusu' -
tion before he should have the power I" cai o"t "a
militia hape the gentleman will so moa'y MS ''''s'''
ment - s.n.c:ai m,
Mr.. SMITH, of kanawha ! have no esPe,r;a pa a.
-. utich | used, in making III