Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1851-06-30
State Convention.

Inc convention met pursuant to adj
journmcnt, and after prayer by the Rev.
Mr.. Howell. OF the Baptist Church, the
journal of yesterdays proceedings was
read and approved.
SESSION
Mr.. Blue desiring to restrict debate, Of
fered a resolution to the effect that no
member shall be permitted to speak in com
mittec of the whole for longer time than
10 minutes.
Mr.. Fisher presented the following as a
substitute:
Resolved, As the obligation between
speaker and nearer are mutual, while tho
former speaks sensibly to the subject it is
the duty of the latter to listen, but when
the latter ceases to listen it IL the duty of the
former to cease speaking, as at that point
mutual good ceases, and thereby much
time win be saved.
The following, as a substitute for the
whole, was presented by Mr.. Price:
"Rcsolved, on and after to-day, the Con-
vention will hold evening sessions, com
mencing at a o'clock, p NJ.
The whole subject was laid upon the Ia
Die upon motion Of Mr.. Fisher, ayes 80,
noes 3D."
JUDICIARY REPORT.
On motion, the Convention resolved it.
self into committee of the whole upon the
Judiciary report.
When the committee rose on yesterday,
4
entire 9th section, which provides for the
holding Of the elections BY the Judges OF
the Appellate Courts 80 days previous to
general elcctiSns.
Mr. Scott of i'auquier said that in his
judgment the retention Ct this section
would be productive of great evil to the
Commonwealth. The subject upon which
this section treats, is, in its character, moro
Legislative than Conventional. The pro.
cecdings of this body have been character
ised by disposition to run so much into
detail, which evnced distrust in the ca
pability of the Legislature to guide TIE in
tercst Of the State. He did not know but
this jealousy arose from the manner in
which the basis question had been settled.
The elections ct the judicial officers, like
the election of other officers, he thought,
could never be influenced by party con-
sdcrations- Under circumstances that he
could contemplate, party considerations
would influence his vote. and he would
credit no man who would confess to the
contrary.
Mcssrs Cooke and Anderson were OPP
posed to the election for tie general and
judicial officers of the State Mt the same
time. They did not wantJudicial officers
elected upon party grounds, but upon the
ability Of the candidate tc"dischargc the
duties Of the office.
Mr. Jauney said there could be no foun-
dation for the remark of the gentleman
from FauGuier. that the distrust Of the
Legislative Department arose from the
mannerin which the basis question had
been settled, as this report had been franz
ed before the debate upon the basis ques-
ton commenced.
Mr. Ligon proposed to amend the 9th
section by appending to ii the words ''cx-
cept attorneys for the commonwealth. Mag
Clerks, Sherifis and other county
officers" The committee rejected the "a
ayes Al, noes AZ.
Mr. Edwards stated if the amendment
Just rejected had been adopted, he would
have supported the section. He desired
the election Of members of Congress, Gov
ernor, &C., to take place at a different time
from the election Of Judicial officers.
The question then recurring upon strik-
ing out the 9th section, the committee re-
fused to strike out, ayes IS, and noes 81.
Mr.. Garlic moved to add to the section
the following: provided. however, fit
shall appear to the General Assembly thar
full vote cannot be had for the election
ofjudgcs, this section may be repealed by
an act of the Legislature, two-thirds Of
each House concurring therein"
Mr.. Garlic thought that ifthe Convcn-
ton continued TO 60 into details upon all
the subjects embraced in the Constitution,
a section providing for the future amend
ment OF the organic law would become
imperative. He withdrew his amendment
with the consent of the committee.
Mr.. Lyon moved to amend pv adding
to the section the words except county
officers other than sheriff.
Mr.. Fisher moved to attach TO the g.
mcndment the words, "but all elections for
Judges shall take place upon some Sab
bath or other prominent day to be dosig-
mated by the General Assembly"
The question being PCT, npon the a
mendment, it was disagreed 10.
Mr.. Blue moved to amend by striking
from Mr.. Ligon's amendment, the words
"others than sheriff." which was refused,
ayes 81, noes so.
The question recurring upon the amend
ment Of Mr.. Lyon, the committee disa-
greed toit-ayes 27, noes so.
Mr.. Bocock proposed the following a.
mendment, as substitute to the 9Th sec
ton, but afterwards, at the request ofsev-
eral members withdrew it, intending to
present it at future time:
The first general election of Judges,
Justices ofthe Peace a1d other judicial,
ministerial, or county officers shall take
place at time to be fixed by law, which
shall be prior to the 30th day of June, in
1852; and thereafter, the regular elections
of said officers shall take place at like
time in years intervening between those on
which the election of members ofthe House
of Delegates shall take place.
The terms ofmembers of the House of
Delegates first elected under this Constitu-
ton shall expire upon the 30th day of June,
in the year 1853; and the general election
for members of the House of Delegates
shall take place at some previous time in
that ycar,t to be fixed by law, and so bien-
nially thereafter
The general elections ofmemhers Of the
House Of Representatives of the United
States. and OF Senators, Governor and 9TH
er State Officers, as often as these occur,
shall take place at the same time with the
election Of members of the House of Del