Richmond daily times. [volume] (Richmond [Va.]) 1850-1853, 1851-07-23
STATE CONVENTION.
AFTERNOON SESSION.
MONDAY, July 2lst, 1851


ton Provided nothing herein contained shall proven
the Legislature from extending such aid to the Jame
River and Kanawha Company, and to the Contra
Railroad Company, and the Virginia aud TENNESSEE
Railroad Company, any Of them, as may be neces-
sary to complete the connexion between the James anc
Ohio Rivers" Rejected, ayes "A, noes GA.
Mr.. STRoTHER moved the following as an addition tt
the section "The Legislature shall provide for the con
struclon oil railroad from COvngton, on the Jame
River the Ohio River and until the railroads nov
under construction have been completed or abandoned
subscription on behalf OF the State shall be made tc
any new work OF improvement Provided, the Legis
ature may extend 10 the James River and Kauawhs
Canal Company any aid it may deem proper" Re-
ected.
Mr. STANARD moved to add to the 9th section these
words: "T'hst may hereafter be Incorporated" Re-
jected.
Mr.. Boris moved to add the following:
Provided nothing herein contained shall be so con.
srued as TO prevent the Legislature from rendering
such aid TO works Of internal improvement undertaken
as may be necessary to render them ultimately avaa
bic and profitable to the State" Rejected, 46 ayes, 6s
noes.
M. FLOYD moved the following as an addition:
crowded, however, nothing in this section contain
ed shall be construed prevent the Legislature from
extending any aid il may think proper to facilitate the
completion of the James River and Kanawha Canal
the Central Railroad the Virginia and Tennessee r all
road, the Manassa Gap Railroad, the Southside Rail-
road to the city of Norfolk, and the Orange and Alex
andra Railroad to the town of Lynchburg." Rejected
20 ayes, u noes.
The 10th section was reported as follows:
11cRisdtuTG Shall not COUt[uCt loans, or cause
to be issued certificates of debt bonds Of the State
irredeemabe at the pleasure of the Sate for period
greater than "a years"
The words "irredeemable at the pleasure of the
State" were, on motion, stricken out.
On motion OF Mr.. LEToHER, "24" was stricken out
and "34" inherited in its stead
The nth section was next reported as follows
The debt oil the State hereafter contracted shall
never exceed millions Of dollars" And on
motion OF MIR. Boris, was stricken out
MIR. TAYLOR moved the insertion of the following
as an additional section: "The Legislature shall pass
law whereby subscription by any county, city, or
town 10 any work OF internal improvement, authorised
by law to be constructed by joint stock company
shall be valid without the consent of majority oil the
irsehoders therein who may vote upon the question
OF such subscription in poll, to De taken for that pur-
pese as may be provided by law, shall any spe-
cal assessment upon portion OF the tax payers of
any county, city, town tor county or municipal pur-
poses, be authorised by law except for such subscrp-
lion herein mentioned the cost Of which, when SO made
may be levied upon the eeho des OF such county, city
or town." Rejected
The first portion down to words, 'nor shall, &C."
was renewed as an amendment and rejected.
Mr:WIsE proposed the following as an additional
section, and II was adopted:
1.-The Legislature shall cause the commissioners OF
the such her officers of the State as they
may deem proper, to take census and such statistics
OF the State as may be prescribed by laws and the said
commissioners, other officers, shall report TO the
Secretary Of the commonwealth, who shall superin-
tend, compare and correct their returns, and report
them to the Legislature. And such census and sta
tistics shall be taken and reported at intervals of five
years from the dates OF the returns OF the census and
statistics OF the United States"
MIR. BoTTs moved the suspension OF heSth rule for
the purpose OF moving the reconsideration OF the vote
by which the following section adopted
1.-The Legislature may levy tax on incomes, salaries
and licences; but tax shall be levied property
from which any income taxed is derived, on the
capital invested in the trade business in respect
which the license SO taxed Is issaed
The Convention refused to suspend, which equiv
alent by decision OF the President TO refusal
consider.
Mr.. SHEFFEY moved the following as an independent
seclion
"Ihe General Assembly shall pass laws necessary to
protect the property OF the wife from the debts of the
husband during her life and tor securing the same
her issue after her DEATH" Rejected.
MIR. HAYS moved the addition OF the following to the
report:
"The Legislature shall protect by law, from forced
SALE certain portion OF the property OF the family
The homestead OF the family, exceeding 500 in
value shall not be to forced sale alter the adop
ton OF this Constitution, shall the owner it
ried be at liberty alelae the except by
OF The wife, in such manner shall be prescribed by
law" Relected-only three or toul members voting
aye
On motion OF Mr.. CARL1LE the report was referred
to the Committee on Revision
On motion OF Mr. PRICE, the report of the Commit
tee ofthe Whole on the Judiciary taken up for
sideraton.
The Convention then, on motion, adjourned
MORNING SESSION.
TUESDAY, July 22nd, 1851.
The Convention met pursuant TO adjournment.
No clergymen present. The Journal OF Mond avs
was read and approved.
INSTRUCTIONS.
Mr.. LIGoN presented Instructions TO Mr. RANDOLPH
from the Nelson Conventional district tor the
reconsideration of the "mis.called Compromise and,
it carried thereafter with the body OF the East
ern members; ordered to be laid upon the table.
JUDICIARY REPORT.
According to order, the Judiciary Report taken
up for consideration.
The LIST amendment being in relation to judicial APP
portlonment, 1t was passed by.
In that part OF the 4lh section which reads: "For
eacn OF the said sections Judge shall elected by
joint OF both housee vi the General Assembly, the
COMMITTEE OF the Whole amended by striking out the
words: "a joint vote OF both houses and inserting in
their place the Words the persons therein qualified TO
vote for members OF the General Assembly," Concur
red in, ayes IS, noes A.
The amendments OF the Committee of the Whole to
the 9Th section, were concurred IL. The section, as
amended, reads taus:
"The Supreme Court OF Appeals shall have appellate
jurisdiction onv Except in cases OF habeas corpus and
mandamus.l 1t shall not have jurisdiction IN civil
causes where the matter in controversy OF greater
value or amount Than five hundred dollars exclusive of
costs; except III controversy concerning 1.-THE title or
boundaries of and,l the probate OF WILL the appoint
men qualification OF personal representative guar.
dian or committee, or concerning mill road way or
ferry, The right OF corporation county to levy
tolls taxes and except IN cases OF habeas corpus
mandamus, and cases Inv oVlng ffeedom or the cons
tulGnaly OF law.
In that portion of the 7h section, amended by the
committee, which reads as follows: 'The Judges oil
the Supreme Court of Appeals shall be elected tor the
term Of IL years. and shall continue in office until Incl,
successors be duly qualified Mr.. Hays moved to strike
oul "l2," and to insert "lo. Disagreed to, ayes A
noes rs.
The amendment of the committee of the whole was
concurred ID.
The 9th and 10th sections concurred in as
amended by The committee OF the whole, as follows:
SO. No election OF judge OF the Court OF Appeals
or Circuit Judge shall be he'd within thirty days OF
the time of holding any general election OF Electors Of
President and Vice President OF the United States, Co
vernon, Members of Congress or of The General As
sembly or any other officer.
So The Judges oil the Circuit Courts shall hold
their offices for The term OF eight years, and until their
successors shall be duly qualified until removed in
the manner prescribed by this constitution"
An amendment of the committee of the whole to
strike out the following words from section 10: "No
Judge snail be re eligible 10 the office until his
immediate successor shall have ceased to hold the Of
fce,'' was agreed to.