Richmond daily times. [volume] (Richmond [Va.]) 1850-1853, 1851-04-15

Inc uulies oil the Council during tn past year,
have somewhat changed from what they were for
merly. They undertake to tell the people, now, for
what works of Internal Improvement they should
subscribe, what laws they should sanction, and
doubtless ere long, in progressive spirit" they
will kindly undertake to advise them for whom
they should vote to represent them in the Nation
al and State Legislatures.
"Now in the name of all the Gods at once.
Upon what meat doth this ur Caesar feed
That he hath grown so great!"
Believing that they were elected for no such
purpose, and that in the proper discharge of their
duty they have no such right, as one Of the con-
stituent body, enter my earnest but respectful
protest, against any such assumption of power
on their part. l agree with one of their body,
oar. Denoon) that the people are quite compe-
tent to take charge of their own affairs, without
the fatherly advice or interference of the City
Council.
The limits of this card will not allow me to
dissect the report and resolutions, as / would
desire under other circumstances to do: nor shall
| be able to notice them in their order, or in all
their parts. l propose, however, to show that the
criticisms of the Council are captious, and thei
objections more specious than solid
From the second paragraph of the report the
Council convey the impression that this act was
gotten up Sin hot haste" and passed through the
Legislature 'withn four days of the time at which
the citizens generally had right to expect the
elections would be held according to the charter
and that no opportunity had been afforded to the
people to inquire into the nature of the CHANGES
proposed to be made in the fundamental law of
this city. Upon this point the Council are in er-
ror. For two years this subject was before the
Legislature and the Delegate of the last year, as
well as the one of the present, would, appre-
bend, have consulted with any member of the Civ
Council, or any other constituent, at any time. If
he had called upon him and if those of them
who now manifest such anxious solicitude for the
legal accuracy of the act, had taken advantage of
their knowledge, for two successive years, whilst
the petition and bills were pending before the
House OF Delegates, to examine the act and amend
Its provisions before its passage, they would have
given better evidence of their anxiety about its
legal effect. Their failure to suggest these diff
cultes and raise these objections until after the
bill had passed, raises doubt whether any bill,
however drawn, would have met their appreciation
1t is to the principle of the bill, l apprehend, no
less than the formalities of it, that they demur.
1t is objected by the Council that the act re-
CURES the same commissioners to hold poll to
take the sense of the voters upon the acceptance
or rejection of the amendment to the charter that
are to superintend the election for members of
the General Assembly and of Congress in the
fall. Now, what does this objection amount to?
How does it affect this law, that the Hastings
Court are to appoint the said commissioners on
the first day of the April term? The law does
not say when the commissioners shall be appoint
ed, and it is suggested, with Difference, that even
for the purposes of the Fall elections, that an
polntment can be made as we'll at the April term
as later.
Amongst the "graver" objection. to this act, men,
IN pad hU tho ;,E IL
offices must, by the constitution of the State and the
charter OF the city, be given viva voice. and that there
being twenty-six officers to be elected this cannot be
done IN single day il all entitled shall seek to
exercise the right and there is "no provision for keen
ing the polls open more than day." La reply to
ms refer to the third section ofthe act which gives
10 le Council the authority to appoint lone or more"
competent persons for each ward to superinend and
record the said elections If the labor is increased
three-fold under this act lett the Council increase the
aoorers three-fold, and thus the work NAV be done
ey nave Inc power to appoint as many as they please
Secondly, that the constitution declares that "the
JUSTICES shall appoint constabes" Here the mighty
bugoear OF suggestion that the law is unconstitutional
raised up to brighten you from giving your sanction to
's act' beg you to observe, however that notwith-
standing the confident manner with which il was as
serted in the Council that the law was unconstitutional
In tne report the committee content themselves w ith
saying IL Is by no means clear that person elected
by people, under this act to the office of constable
Woud under the present constitution have authority to
discharge the duties OF the Office" regret that the
Council containing asst does some eminent constitu-
tlonai lawyers, did not favor with an opinion of
positive character upon this subject For myself pre
tend to have but little knowledge or any
other sort OF law yet feel fully prepared at any time,
OF such appointment. The provision of the consi-
tu1on reers to the counties not to corporations which
exist only by the fiat OF the Legislature. The const
tuition no where gives to aldermen the appointment of
where recognized by the constitution The Hustfnps
Court s composed OF aldermen mot of "Justices of the
Psace who by the list section of the charter of s42
have all the powers and jurisdiction conferred b ia,n
upon justice ofthe peace. But this does not make
them Justices of the Peace.
BY the 72nd section OF the same charter the Hastings
Court "have the sole power of appointing sergeant
who shall have the power of sheriff. yet venture to
afhrm that even the city Council will for that reason
call him sheriff for if So under the cons tuition he
ought to be commissioned, as all sherfs are, by the
Governor Again, the Hastings Court derive their
authority to appoint constabes from the express terms
of the seventy-second section of the charter which
gives them the "ke poer Nth the County Courts to
apol NIT Constable and all other necessary officers of
the Court" Now If the constitution required the ap-
pontment to beso made, WHY re-enact it in the char
ter! BY the eighth section of the fifth article of the state
constitutional Is provided that "the shers and cooners
shall be nominated by the respective county courts and
when approved by the Governor shall be commissioned
by him. The justices shall appoint constables" What
justices Why eJustices OF the county courts, take
should b. glad if opportunity were allowed me. TO
go more FULLY into the argument of this question but
deem it unnecessary to do so here. think that the
people have no reason to fear from this mode OF ap-
pointing constabes, that questions will arise affect
ing seriously. life, liberty and froperty''
The Council seem to apprehend great danger that
"he credit of the city will become impaired if the peo-
pie give their sanction TO the in which this act
has been framed, and passed. aud they therefore. ask
them to refuse 10 sanction it. hardly know what to
call this. II were permitted to borrow short word
from the slang vocabulary, should say it was mere
has more to fear from the members of the City Coun.
Gil than from delegates" senators from Richmond
Asto the first resolution of the Council, | sub
little if any above the dignity OF quibble ask any
man OF plain common it, so far as the amendmen at
to the charter concerned the act does not provide in
the fifteenth section that it shall be passed upon by
Council seemed strangely to have overlooked the fact
that the act was for "oher purposes" than the amend
ment OF the charter. 1t must have some period of
commencement expressed upon its face, otherwise un-
dat The code il ,uond Ia