Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1852-02-23
LEGISLATURE OF VIRGINIA.
FRIDAY, FEBRUARY 20, IS
SENATE.

The bill extending the time of completing the Seaooafo anu
Roanoke Raj. Road. p,,,,oo renor,sd
Mr.. AmaLER, from the committee VI ''
several bills. ,rp,.,s ,,d Internal
Mr. MEnepru from the committee 81 t'a's a''u "e'"'
s>syea tom ,hs eomn,,ltce OF Finance and Clans,
, reported till o;,,,o -, po,LS rcpor,ed
u bill. -o,,,., md re
| frrred. a,,,mort
yesterdav-lho proposition of Mr. WTcHER 10 srKe rom
the bill providlng the discharge othe Executive
in certain the second scction-now came up III o'u
The whole bill il follows: .,e
"Be enacted by the General assembly, Ihai IN case m %
fee of Governor, with its compensation, s'a' oevoe
The Lieuterat Governor and he shall be removed ron VI
flee or shalt die fail qualify resign, remove rom .e %
or be unable discharge the powers ana uues VI VIZ
then the Attorney General elected ~ inc 'o''fs VI l o
mnnweah or If there be such Attorney General ''ei
Tho President o the Senate pro tempoe; or there DC no
such President the Speaker of the House OF peeShe, @
discharge the Executive functions until mere IS %
ar Lieutenant Governor who can act. When person HING
rh office of President Of the Senate pro temPorc or OF speak
r of The House Of Delegates shall have commenced as
CHARGING the Executive iuncoes under this sccton MS nu
,boriiv to discharge shall not be terminated by announcer
being appointed his successor IN the sa'u oncc VI
or Speaker r, ,h .
and duties of the office Governor az s mentioned IN the
Constitution but only temporary inaoty from SICKNESS
or when the Governor intends 10 be absent from Inc scat OF
he may notify his Temporary nably Or intend
ID absence to the Secretary Of the Commonwealth and the
Secretary shall such notification and the time OF re-
vinu il in the book containing the record OF the Governors
official uc,s whereupon the Executive functions SHALL du
ring the Governors absence or temporary Inability be DIS
charged BY tie Lieutenant Governor il At the lime the Sec
rcafy receives such notification the Lieutenant Governor Is
nj The seat u government otherwise by the Attorney uehe
raj elected as aforesaid il that time there be any such al
the of government and II there be not lch oy the
Secretary of the Commonwealth.
| 1rhis act shall be in force from its passage
Mr. Brent being entitled TO the floor, addressed the SEN
,,e in favor Of Mr. Wi,cier's proposition He said that the
peration elect Of the bill is 10 supersedc Inc hAecu
tive functions III certain cases MOI enumerated III !e Co
fha MI ufll
circumstances To the exclusion OF the Lieut. Governor NO
law can compel Lieut. Governor 10 act as Governor in
INV case other such specified the Constitution
Ne could properly refuse TO serve in any ether CASE ana
there power authority TO compel hlm TO discharge
the Executive functions or To punish him Tor ms refusal tie
Is tied the enumerated in the Consiution
IL is from that he derives his powers and IN which
his duties are pescbtd and the Legislature can cncr up
on him no additional power, prescribe new duties
The tendency Of the BILL adopted will enable the Execu
tive to leave of Government At pleasure to the pub
lie dement and thus enable timId officer 10 avoid res.
oonsbiy and devolvc it some substitute provided by
The LEGISLATURE Mr. BRENT paid compliment 10 the Scna-
tor from Pitsylvana (M WTcnER) who had shown yes
erday that in no State IN the Union was Sach course per-
mittcd as contemplated in the ID section OF the OIL
! MIR AMBER was surprised after an examination OF the
BILL to see importance given by some gentlemen had
been contemplated for many years to have regulation SIM
liar 10 this Mr. a. read from the Constitution OF the Uni
ted States show that there was difference between Inc
cases contemplated BY this bill and those referred 10 in the
CONSTITUTIONS read by the Senator from Piltsyirana Tie
act By the Congress of the United States IN accord
with the Federal Constitution plainly showed that inc
clause OF the Constitution of Virginia. which had been CO.
MED almost entirely Federal Constitution did leave
il with the Legislature provide for The discharge o the
Executive functions in certain cases Tie Governor Mad
certain petty duties to PERFORM and II was the Intention oil
the aers OF the Constitution o Virginia that the Lc9s-
auc should have the power 10 eslslae upon this surtc
MIR. WlTcHER did not with the conclusions OF The
Sena tor from Louisa (3lr. AMBLER) Apoon Of the CLAUSE:
of The Constitution had been copied from the Federal
Constitution not the whole. Ii ii had been intended To
give the Legislature the power commended for why did not
The Constitution say in many wordsl the previous
,S,;tn,np auch regulation had been embodied the
diacfhr of
absence ui tie Governor AS this power had been with
held from the Lieut. Governor in the present Constitution II
was plain that the removal DEATH failure to qualify resgna
ton &C. Of the Governor were the necessary cases 10 ne
provided for and only when the Lieut. Governor acted
Governor the necessary cases referred 10 would arise
The fac, that the provision Of the old Constitution requiring
the Lieut. Governor in the absence OF The Governor!
has omitted conclusive that it was not intended
he should act.
Mr. AupLEa said rh, the Constitution showed the cases
under which Lieut. Governor was - act AMI that The
General Assembly was vested with power devoyc the
duties of the Executive office in other necessary cases Tor
which it is the Intention OF the bill TO provide. ~
Mr. SHAcKELFoRD did consider the passage OF this bill
as acy assumption Of Executive powers, but merely pro-
vision for temporary evil which can be al any nturc time
modified or repealed In the absence of the Governor from
the seat of government without this BILL there would be no
Executive officer and the Legislature could deVove the du
ties upon The Lieut.. Governor. Under the Constitution In
certain necessary cases. the duties could be devoved oy e
Legislature upon any citizen of the State and ne (hr -
thought there peculiar fitness and appropriateness 10
giving il to the officer whom the Constitution designates 10
| perform them in certain other cases.
Mr. WITcHER further addressed the Senate TIC fortified
the posi,ions he previously taken by additional arg
nents COMMENDED that great evils nigh, arise from the
passage of the bill. .
Mr. SToyAlL favored the striking Under the Cons'
tuon the duty OF the Lieut. Governor was 10 preside over
the Senate anil this bill adopted it would be mposs
BILE for him u discharge this duty.
MT SYAcKrLroRp moved amend the second section by
striking all alter The word goVernmenl IN i''h INC c
last time il ocrurs)
Mr. DESEAlE opposed The amendment
Mr. PARKER called for tho ayes aud noes hey were or
dered and TIE amendment OF W. SHAcKELToRp was ADOPT
cd: ayes % noes 20, as fOluws
AYES acssrs Barnett, Braxon Brent. Cnrngton, Cow
an, Douglas Granham, He'll, Layne Martin MeredI1n
Moncurc, Ia,krr pi,man, shaeke!ford shsey st"sa'
Thomas Wade, Ward, Watson Winston and Ni'cher-25
N"rs-Messrs. Dcneale, president pro. tenn Amber,
Basseii, Cab, Campbell Cre4h Daniel Funston, Greaver
Isbe Macon McDearmon Paxton. Roger, Stands, Sher-
rard, Smith Stuart, TG:e and Thompson-W
Mr. MAsnS offered proposition, which the Chair decided
| to be out of order.
The PaEs,prs7 stated the question TO be Mr. WreHER
proposon 10 strike tho I'd section Of the BILL and the
ayes and having been ordered the section was stricken
out-ayes 81, noes ~, as follows:
Ares-Mcssrs. Braxlon Brent, Cabcll Darlington. Cregh
Hail. IsbcI Layne. Martin, Mason, Meredith, Moncurc
Parker Pitman, Stands, Stovail Thomas, Thompson
Wade, lr., Winston and Witchcr-2l.
NoEs-Messrs. Amber, Barnett, Basse, Campbell Cow
an Daniel Douglas Funstcn Grammar, GreaNer McDear-
n"n Paxton Ergcr ShackcIiord Shelley, Smith, STUART
Tate and Wats"n-l9
striking out that portion whc! contenplaes the President
of the Senate the Speaker OF the House o Delegates dis
charging the dates al Governor
Mr.. WITCHER opaoscc ami Mr.. "HAckELFoRp sustaheo
the amendment.
On motion OF Mr.. STovALL, the senate ADJOURNED.
HOUSE OF DELEGATES.
Prayer by the Rev STEPHEN TAYLOR Of the Presbyterian
Church.
Tie SPEAKER announced the following committees In
compliance urnn relative I" the erection ri
Thomas Jefferson at The University OF 'lr.
pina:-Mcssrs R;vr- Of Alnena,c Goode OF Bcatord and
Price Of Grern,.,rr IL Craig
The SPEAKER also Announced the following committee
under The su'ion submitted Yesterday relative to the
Washington Manument: cssrs Scgar, Barbour RusSeH,
Martz, aud Dennis
CIRCULATION SMALL NOTES.
On motion Mr. WALLACE, tho House adopted tho fol
lowing preamble and resolutions:
Whereas the circulation of small notes and paper tokens
issued by banks individuals beyond the limits OF the
Commonwealth has increased in violation OF law to an
alarming extent rapidly dsplacng our silver CON- ana ~
ectug serious loss and injury upon the community ,
And whereas separate State action can remedy Inc
evil therefore,
l. Be il RGs,l.cd b. the General Assembly, That orr SEN
ors in Conu instructed and representatives
ouescd TAX. prompt ard efficient measures to procure the
passage of law regulating the coinage OF sve' ~ 10
guard cxpurlaon and the cruchic, and not lnJurl-
uusy affecting contracts and the monetary system oil Inc