Richmond daily times. [volume] (Richmond [Va.]) 1850-1853, 1851-07-14
STATE CONVENTION.
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SATURDAY, July -, 1851

SATURDAY, July 10, loV4'
The Convention met pursuant TO adjournment.
The journal OF Fridays proceedings was read and
approved.
pIsCHARGING THE COMMITTEE OF THE WHOLE.
The following resolution, presented by Mr.. PRICE.
was adopted:
Resolved, That the Committee of the Whole be d.
rected to report forthwith the Convention the report
of the Legislative Committee, to it retired, with The
amendments thereto; and that the Committee OF the
Whole be discharged from the further consideration Of
all other subjects to them referred
RESTRICTION OF DEBATE.
On motion OF CARLuE, the following resolution was
adopted-ayes So noes AZ:
Resolved That member shall speak more than
once, nor longer than minutes IN Convention, upon
the same subject
INSTRUCTIONS.
Mr. LIGoN presented several papers, the proceedings
of meetings held ia Nelson county, attached TO which
Resolulio rs were adopted instructipg Mr. Randolph
to vote for the reconsideration OF the Compromise on
| the Basis question.
Ordered to be laid upon the table.
On motion Mr.. ANDERSON, who has returned home
on account of sickness in his family excused from
| serving the Committee Of Apporonment.
On motion, the Chair directed to fill the vacancy
to which Mr.: WATTS oil Roanoke, was appointed.
COMMITTEE OF THE WHOLE.
On MOTION the Convent resolved itself into Com.
mittee of the Whole upon the Legislative Report The
Committee being nsruc ed previously to report the
Legislative Committees Report, which was referred
and the amendments thereto on notion the Commit
Tee rose and reported back the report and the amend
ments which were ordered to lie upon the table and
| be printed
BILL RIGHTS.
The Convention then took up for consideration the
| Report of the Committee OF the Whole upon the Bill
| Of Rights.
The Isl amendment adopted by the Committee of the
Whole was in the 5th section, which reads thus:
"That the Legislative and Executive powers OF the
State, should be separate and distinct from the judiciary
and that the members of the two first may be restrain
cd from oppression, by feeling and participating the
burthens of the peoples they should at fixed periods be
reduced private station return into that body from
which they originally taken, and the vacancies be
supplied by frequent certain and regular elections, in
which ALL or any part Of the former members, to be
again eligible, ineligible as the laws shall direct.
The Committees amendment was to strike cut all
down the words "may be restrained from oppression,
&c. and to insert in lieu of it. what follows "Ihat the
Legislative Executive and Judicial powers should be
separate and distinct, and that the members thereof,
The question being upon striking out the words as
they stand in the original sections division being de-
manded the Convention agreed to strike out, ayes TO-
noes SO.
The question then required upon inserting the amend
ment of the Committee of the Whole.
MIR. ScoTr Of Fauquer moved to add after the word
distinct the words from each other, and then to
strike out the word thereof and to insert the words
| "of the two first"
The amendment was disagreed to-
| Mr.. TKIsG moved to strike out the amendment and
insert the following
"That the Legislative, Executive and Judicial powers
should be separate and distinct from each other; and
that the members of the two first" &c.
The question being taken first upon striking out the
amendments OF the committee of the whoe-a division
! being demanded it was disagreed to: Ayes Al, noes
TO-
Mr. CARLILR moved to insert between the words lie
| gisative aud Executive the word "and. Al the same
time he stated that it was his intention it thai was adop-
ted to move insert after the word "dstnct the words
"from each oher and TO strike out the words and Jul
| dicial." Disagreed TO-.
The question required upon inserting the 5th section
Of the Bill of Rights in the blank created by striking
the original section, and was coucurred in: Ayes
10, noes 43.
The next amendment of the committee was in the 9th
section, which in the old constitution, reads thus:
THAT elections of members 10 representa-
lives OF the people in Assembly, ought to be ee and that
all men, having sufficient evidence of permanent COM
mon interest WITH and attachment TO, the community
have the right OF sur age and cannot be taxed or de-
prved of their property for public uses without Their
consent that of their SO elected
bound by any law to which they have not in like
manner assented, for the public good
The committee amended by striking out all before
Sought to be free &C., in the flrs enence and IN
ssrting eat all elections"
The Convention concurred in the committees amend
ment.
1lh section which, in the old constitution, reads -
'That, in controversies respecting property, aud 10
suits between man and man, the ancient trial OF jury
is preferable any other, and ought to be held sacred
| The committee inserted after the word Jury the
words "of twelve men,, and to strike out Sought 10"
in the latter part and to insert "shal
| Inc convention cOncurfed Win the cOfnIlllte III
inserting the words "of IL men''-ayes 60, noes SO.
The question then required, division being de-
maoded, upon striking out fought to- The Conven-
ton nonconcurred with the committee in striking out
those words-ayes 49, noes 81.
The amendments Of the committee having been
acted upon, Mr.. BEALE moved to reconsider the vote
OF the Convention concurrng in the amendment OF the
committee to the 9Th section. The Convention refused
to rescnd the 9Th rule for the purpose of allowing the
gentleman to move the Observation-Disclosures so, noes
g.
| In the 9Th section, which reads thus-"That in all
capital or criminal prosecutions man has right to
demand the cause and nature of his accusation be
confronted with the and Witnesses, call for
evidence in his favor. and to speedy trial by inn
partial jury OF his vicnage, without whose unanimous
consent he cannot be found guilty; can he be COM
PEELED to give evidence against himself; that man
be deprived of his liberty except by the law of the land
or the judgment Of his peers"-Mr HOPKINS moved to
insert after the word "jury" the words GOT IL
Agreed to.
The Bill Of Rights having been read second time,
it ordered to be engrossed 1t is intended refer
the Bill OF Rights to the Revising Committee,
as it is formed, before finally acting upon it.
| On motion, Then the Convention adjourned.
CHARLOTTE COURT HOUSE, July 8, 1851.
| IL IL